02SN0234-OCT23.pdfOctober 23, 2002 BS
ADDENDUM
REQUEST:
02SN0234
(Amended)
Point of Rocks Landing, LLC
Bermuda Magisterial District
North line of Enon Church Road
(Amended) Rezoning from Agricultural (A) to Residential (R-12) of 6.7 acres plus
proffered conditions on an adjacent 31.1 acre parcel currently zoned Residential (R-
12).
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 12,000 square feet
is planned on that portion of the property proposed to be rezoned to R-12. The
applicant has agreed to limit development to a maximum of 1.5 dwelling units per
acre, yielding approximately fifty-six (56) lots.
On October 22, 2002, the applicant submitted an additional proffered condition in an attempt to
address the impact of the proposed development on necessary capital facilities (Proffered Condition
8). Prior to receipt of this proffer, the applicant had not offered measures to address the impact of
this development on capital facilities. This new proffered condition offers cash in the amount of
$3,020 per dwelling unit for those units developed on Tax ID 819-644-0125, the 6.7 acre
Agricultural (A) parcel.
Staff has calculated the impact of this request on capital facilities at $7,868 per dwelling urdt and
advised the applicant that a maximum proffer of $7,800 per unit would defray the cost of capital
facilities necessitated by this proposed development.
The applicant has not offered measures to adequately assist in defraying the cost of this proposed
zoning. Accordingly, the County's ability to provide capital facilities to its citizens will be adversely
impacted.
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and
it has been determined that it is appropriate to accept the maximum cash proffer in this case.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The Board of Supervisors, through their consideration of this request, may determine that there are
unique circumstances relative to this case that may justify acceptance of proffers below the value of
the maximum acceptable amount.
THE ADDITIONAL PROFFER WAS NOT SUBMITTED PRIOR TO THE ADVERTISING
OF THE CASE IN ACCORDANCE WITH THE BOARD'S POLICY. IN ORDER TO
CONSIDER THE SUBMISSION, THE BOARD MUST SUSPEND THEIR RULES.
Staffcontinues to recommend approval of this request, subject to the applicant adequately addressing
the impacts on capital facilities, as discussed herein and in the "Request Analysis".
PROFFEP~D CONDITION
o
Cash Proffer. For each dwelling unit developed on GPIN 819644012500000, the
applicant, subdivider, or assignee(s) shall pay $3,020.00 per unit to the County of
Chesterfield, prior to the time of issuance of a building permit, for infrastructure
improvements within the service district for the Property if paid prior to July 1,2003.
At the time of payment, the cash proffer shall be allocated pro-rata among the
facility costs as calculated annually by the County Budget Department as follows:
$1,078.00 for schools, $150.00 for parks, $280.00 for library facilities, $312.00 for
fire stations and $1,200.00 for roads. Thereafter, such payment shall be the amount
approved by the Board of Supervisors not to exceed $3,020.00 per unit adjusted
upward by any increase in the Marshall and Swift Building Cost Index between July
1, 2002 and July 1 of the fiscal year in which the payment is made if paid after June
30, 2003. If any of the cash proffers are not expended for the purposes for which
proffered within fifteen (15) years from the date of payment, they shall be returned in
full to the payer. Should Chesterfield County impose impact fees at any time during
the life of the development that area applicable to GPIN 819644012500000, the
amohnt paid in cash proffers shall be in liieu of or credited toward, but not in addition
to, any impact fees in a manner as determined by the County. (B&M)
2 02SN0234-ADDENDUM-OCT23-BOS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0234
(Amended)
Point of Rocks Landing, LLC
Bermuda Magisterial District
North line of Enon Church Road
REQUEST:
(Amended) Rezoning from Agricultural (A) to Residential (R-12) of 6.7 acres plus
proffered conditions on an adjacent 31.1 acre parcel currently zoned Residential (R-
I2).
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 12,000 square feet
is planned on that portion of the property proposed to be rezoned to R-12. The
applicant has agreed to limit development to a maximum of 1.5 dwelling units per
acre, yielding approximately fifty-six (56) lots.
(NOTE: IN ORDER FOR THE BOARD TO CONSIDER THIS REQUEST, A $500,00
DEFERRAL FEE MUST BE PAID PRIOR TO THE OCTOBER 23, 2002, PUBLIC
HEAmN~.)
PLANNING C OMMIS SION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend approval subject to the applicant addressing the impacts on capital facilities, as
discussed herein.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The proposal conforms to the Consolidated Eastern Area Plan wKmh suggests the
property is appropriate for residential use of 1.5 dwelling units per acre or less.
The proffered conditions do not adequately address the impacts of this development
on necessary capital facilities, as outlined in the Zoning Ordinance and
Comprehensive Plan. Specifically, the needs for transportation, schools, parks,
libraries and fire stations is identified in the County's adopted Public Facilities Plan,
the Thoroughfare Plan and Capital Improvement Program and the impact of this
development is discussed herein. The proffered conditions do not fully mitigate the
impact on capital facilities, thereby not insuring that adequate service levels are
maintained as necessary to protect the health, safety and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY TH~ PLANNING COMMISSION.)
PROFFERED CONDITIONS
The property owner (the"Owner") in tiffs zoning case, pursuant to Section 15.2-2295 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and
their successors or assigns, proffer that the development of the Property known as Chesterfield
County Tax ID/GPIN 819644012500000 and 81664473430000 (the "Property") under consideration
wilt be developed accord!ng to the following conditions if, and only if, the request for the Property
known as Tax ID/GPIN 819644012500000 to be rezoned from A (Agricultural) to R-12 (Single
Family Residential) is granted. In the event the request is denied or approved with conditions not
agreed to by the Owner, the proffers and conditions shall be immediately null and void and or no
further force or effect.
The following proffers shall only apply to GPN 819644012500000:
(STAFF) 1.
Timbering. Except for the timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or diseased trees,
there shall be no timbering on the Property until aland disturbance permit has
been obtained from the Environmental Engineering Department and the
approved deyices have been installed.. (EE)
(STAFF). 2. Utilities. Public water and wastewater systems shall be used. (U)
(STAFF) 3.
Dwelling units shall have a minimum 1,800 square feet of gross floor area.
(P)
2 02SN0234-OCT23-BOS
(STAFF) 4.
(STAFF) 5.
(STAFF) 6.
In conjunction with recordation of the initial subdivision plat forty-five (45)
feet of right-of-way on the north side of Enon Church Road, measured from
the centerline of that part of Enon Church Road immediately adjacent to the
property, shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T).
No direct access shall be provided from the property to Enon Church Road.
The Transportation Department may modify this condition to allow one (1)
public road access from the property to Enon Church Road, if the developer
provides a fight turn lane along Enon Church Road based on Transportation
Department Standards, and dedicates to Chesterfield County any necessary
right-of-way for these road improvements. (T)
Any lots having sole access thru Cobbs Point Subdivision shall have a
average lot size of I5,870 square feet. (P)
The following proffer shall apply to both GPN 819644012500000 and GPN 816644734300000.
(STAFF)
Location:
7. The overall density shall not exceed 1.5 dwelling units per acre. (P)
(StaffNote: This proffered condition is in addition to Proffered Condition 1
of Case 888N0197.)
GENERAL INFORMATION
North line of Enon Church Road, east and west of Riverview Drive. Tax IDs 816-644-7343
and 819-644-0125 (Sheet 35).
Existin~Zonin~:
Size:
A and R-12
37.8'acres
Existing Land Use:
Single family residential or vacant
3 02SN0234-OCT23~BOS
Adjacent Zonina and Land Use:
North - R-12; Single family residential or vacant
South - A; Single family residential or vacant
East - A and R-9; Single family residential or vacant
West - R-12; Vacant
UTILITIES
Public Water SX_stem:
Them is an existing twelve (12) inch water line extending along the north side of Enon
Church Road, adjacent to the request site. Use of the public water system is intended and has
been proffered. (Proffered Condition 2)
Public Wastewater System:
There is an existing fifteen (15) inch wastewater trunk line that terminates adjacent to
Martineau Drive in New Rochelle Subdivision, approximately 2,500 feet north of this site.
Future extensions of the public wastewater system in conjunction with the development of
Montclair Subdivision will bring a public wastewater line to within approximately 600 feet
of the request site. Use of the public wastewater system is intended and has been proffered.
(Proffered Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the Appomattox R/ver via a ditch adjacent to the railroad. A portion
of the property drains south down a steep grade directly to the Appomattox River. There are
currently no on- or off-site drainage or erosion problems. A potential for drainage problems
exists upon development with the extreme flatness of the area and approximate three (3) feet
~'ade differentials. At time of tentative layout, when the developer addresses Chesapeake
Bay Preservation requirements, staff will consider possible conditions relative to road
centerlines and house crawlspaces. The property should not be timbered without the
developer first obtaining a land disturbance permit from the Environmental Engineering
Department. This will ensure that adequate erosion control measures are in place prior to any
land disturbance. (Proffered Condition 1)
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Ca)~ital Improvement Proc, ram. This development will
have an impact on these facilities.
4 02SN0234-OCT23-BOS
Fire Service:
The Public Facilities Plan indicates that emergency service calls are expected to increase
forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended for
construction by 2015 in the Plan. Based on twelve (12) dwelling units, on the property
proposed to be rezoned to R-12, approximately four (4) calls for fire and EMS services will
be generated each year. The applicant has not addressed the impact on fire service for the
property proposed to be rezoned to R-I 2.
The Enon Fire Station, Company Number 6 and Bensley-Bermuda Volunteer Rescue Squad
currently provide fire protection and emergency medical service. Construction of a new
fire/rescue station on Bermuda Hundred Road near Rivers Bend Center is expected to begin
this year. This new station will provide secondary fire protection and primary EMS service
to this development. When the property is developed, the number of hydrants and quantity of
water needed for fire protection will be evaluated during the plans review process.
Schools:
Approximately six (6) students will be generated by development of the property proposed to
be rezoned to R-12. Currently, this site lies in thc Enon Elementary School attendance zone:
capacity - 550, enrollment - 555; Chester Middle School zone: capacity - 690, enrollment -
716; and Thomas Dale High School zone: capacity - 1,650, enrollment - 1,812.
Thi,s development will have an impact on area schools. Them is currently one (1) trailer at
Enon and five (5) trailers at Chester Middle. Chester Middle and Thomas Dale are currently
under renovation. The applicant has not agreed to participate in the cost of providing for area
school needs to address the impact of the development of the property proposed to be
rezoned to R-12.
Libraries:
Consistent with Board of Supervisors' policy, the impact of development on library services
is assessed County-wide. Based on projected population growth, the Public Facilities Plan
identifies a need for additional library space throughout the County. Taking into ~w. count the
facility improvements that have been made since the Public Facilities Plan was published,
there is still an unmet need for additional library space throughout the County.
Development would most likely affect the Enon Library. The Public Facilities Plan indicates
a need for expansion of this facility. The applicant has not offered measures to assist in
addressing the impact of development of the property proposed to be rezoned to R-12 on
library facilities.
5 02SN0234-OCT23-BOS
Parks and Recreation:
The Public Facilities Plan identifies the need for four (4) new regional parks. In addition,
there is currently a shortage of community park acreage in the County. The Public Facilities
Plan identifies a need for 625 acres of regional park space and 116 acres of commtmity park
space by 2015. The Plan also identifies the need for neighborhood parks and special purpose
parks and makes suggestions for their locations.
The applicant has not offered measures to assist with addressing the impact of development
of the property proposed to rezoned to R-12 on parks and recreation facilities.
Transportation:
The applicant is requesting rezordng from Agricultural (A) to Residemial (R-12) on
approximately seven (7) acres. The applicant has also included an adjacent thirty-one (31)
acre parcel, currently zoned Residential (R-12), for the purpose of establishing a maximum
density for both parcels. The thirty-one (31) acre parcel is a planned section of the Southbend
Subdivision. The applicant has proffered that the density of both parcels will not exceed one
and a half (1.5) dwelling units per acre (Proffered Condition 6). Based on single family trip
rates, development of both parcels could generate approximately 610 average daily trips.
These vehicles will be distributed along Enon Church Road, wh/ch had a 2000 traffic count of
3,343 vehicles per day.
As noted, the applicant is requesting mzoning on approximately seven (7) acres. This parcel
fronts along Enon Church Road. The applicant has submitted additional proffers that apply
specifically to the development of that seven (7) acre parcel. (Proffered Conditions 1 - 5)
The Thoroughfare Plan identifies Enon Church Road as a major arterial with a recommended
fight of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45)
feet of right of way, measured from the centefline ofEnon Chumh Road, in accordance with
that Plan. (Proffered Condition 4)
Access to major arterials, such as Enon Church Road, should be controlled. The applicant has
proffered that no direct access will be provided from the property to Enon Church Road
(Proffered Condition 5). The applicant intends to access Enon Church Road through the
existing subdivision to the east (Cobbs Point Subdivision) and/or to access Bermuda Orchard
Lane Extended through the adjacent thirty-one (31) acre parcel. Proffered Condition 5 allows
the Transportation Department to modify the condition to permit one (1) direct public road to
Enon Church Road, provided the developer constructs a fight mm lane along Enon Church
Road at the public road intersection.
The traffic impact oft}tis development must be addressed. The Thoroughfare Plan identifies
the need to improve existing roads, as well as construct new roads to accommodate growth.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Enon Church Road will be directly impacted by development
6 02SN0234-OCT23-BOS
of this property. Sections of Enon Church Road have twenty (20) to twenty~one (21) foot wide
pavement with no shoulders. The current volume of traffic on Enon Church Koad during peak
hours exceeds the capacity of the road. The standard typical section for this typc of roadway
should be twenty-four (24) foot wide pavement, with minimum eight (8) foot wide shouldem.
The applicant has not addressed the traffic impact of this development. The Transportation
Department cannot support this request.
Financial Impact on Capital Facilities:
pER UNIT
Potential Number of New Dwelling Units 12' 1.00
Population Increase 32.76 2.73
Number of New Students
Elementary 2.93 0.24
Middle 1,56 0.13
High 1.92 0.16
TOTAL 6.41 0.53
Net Cost for Schools 43,152 3,596
Net Cost for Parks 9,744 812
Net Cost for Libraries 3,384 282
Net Cost for Fire Stations 3,780 315
Average Net Cost for Roads 34,356 2,863
TOTAL NET COST 94,416 7,868
*Based on an average actual density of 1.89 units per acre. The actual number of lots developed and
corresponding impacts may vary.
As noted, the development of the property proposed to be rezoned to R-12 will have an impact on
capital facilities. StalThas calculated the fiscal impact of every new dwelling unit on schools, roads,
parks, libraries and fire stations at $7,868 per unit. The applicant has been advised that a maximum
proffer of $7,800 per unit would defray the cost of the capital facilities necessitated by this proposed
development.
This application for rezoning was filed, and amended prior to changes in staffpractices relative to
fiscal impact analysis. Staffnotified the applicant that potential changes to current practices were
being discussed.
7 02SN0234-OCT23-BOS
Staffhas reviewed this application under the new practice, resulting in an increase of approximately
twelve (12) dwelling units that will create an impact on capital facilities.
The applicant has not offered measures to assist in defraying the cost of this proposed zoning on such
capital facilities. Accordingly, the County's ability to provide capital facilities to its citizens will be
adversely impacted.
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and
it has been determined that it is appropriate to accept the maximum cash proffer in this case.
The Planning Commission and the Board of Supervisors, thxougla their consideration oftkis request,
may determine that there are unique circumstances relative to this case that may justify acceptance of
proffers below the value of the maximum acceptable amount.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Consolidated Eastern Area Plan which suggests the
property is appropriate for residential development of 1.5 dwelling units per acre or less.
Area Development Trends:
Property to the north is zoned Residential (R- 12) and is o¢cupied by single family residences
or is vacant. Properties to the south and west axe zoned Agricultural (A) and Residential (R-
12) and are occupied by single family residences or are vacant. Property to the east is zoned
Agricultural (A) and Residential (R-9) and is occupied by single family residences or vacant
lots in Cobbs Point Subdivision. Residential developmeat, as suggested by the Plan, is
expected to continue in this area.
Site Design and Zoning History:
Approximately thirty-one (31) acres of the subject request are currently zoned Residential (R-
12). This part of the request property has been included for two (2) purposes:
Proffering conditions to insure that the overall density of this existing zoned
tract and the property proposed to be rezoned from A to R- 12 will not exceed
that recommended by either the proposed or existing Plan; and
To allow a "credit" of units allowed on the existing zoned R-12 parcel toward
the capital facilities impact of development on the part of the property
currently zoned A. The impact on capital facilities is discussed under the
Fiscal Impact Section of this "Request Analysis'. The property was zoned to
R-12 in 1988 (Case 88SN0197) and proffers were accepted limiting
8 02SN0234-OCT23-BOS
development to a maximum of 1.5 dwelling unit s per acre and a minimum lot
size of 15,000 square feet.
Verbally, the applicant has indicated an intent to develop the existing zoned R-12 and A
properties as one (1) development with a potential to access through Cobbs Point
Subdivision by redesigning existing recorded lots at the terminus of Cobbs Point Lane. The
property could, however, be developed without access to Cobbs Point Subdivision.
Additional access is available via Enon Church Road and/or Bermuda Orchard Lane
Extended.
Area Densities and Lot Sizes:
The request property abuts Cobbs Point Subdivision to the east, which is zoned Residential
(R-9) and must comply w~th R-9 development standards, except that lots abutting the
southern and western property lines must contain a minimum of i0,000 square feet. Cobbs
Point has developed at a density ofappmxiraately 2.57 units per acre with an average lot size
of approximately 13,785 square feet. The average lot size of the portion of Cobbs Point that
would be impacted by lots having sole access is approximately 15,870 square feet.
The density of Cobbs Point exceeds that suggested by the Plan for this property. Based upon
the proffered conditions, sole access could be provided through Cobbs Point Subdivision
unless permitted access to Enon Church Koad by the Transportation Department with the
provision of mm lanes and right of way dedications. Typically, with similar proposals, for
any lots having sole access through an existing development, the applicant has been required
to provide a density and average lot size comparable to that development. The applicant has
offered an average lot size comparable to that of Cobbs Point for any lots developed on that
portion of the property proposed for R-12 zoning having sole access through Cobbs Point.
(Proffered Condition 6)
House Sizes:
To address concerns expressed by the Bermuda District Commissioner and area residents,
the applicant has agreed to a minimum house size of 1,800 square feet of gross floor area
(Proffered Condition 3). By comparison, there is no minimum house size requirement in
Cobbs Point Subdivision to the east. However, the size proffered is comparable to what has
currently been constructed in Cobbs Point.
CONCLUSIONS
The Consolidated Eastern Area Plan suggests the property is appropriate for residential use of 1.5
dwelling units per acre or less. The applicant has agreed to provide a density not to exceed 1.5
dwelling units per acre. (Proffered Condition 7)
The proffered conditions do not address the impacts of development of the agricultural portion of
this request on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive
9 02SN0234-OCT23-BOS
Plan. Specifically, the needs for transportation, schools, parks libraries and fire stations is identified
in the County's adopted Public Facilities Plan, the Thoroughfare Plan and Capital Improvement
Program and the impact of this development is discussed herein. The proffered conditions do not
mitigate the impact on capital facilities, thereby not insuring that adequate service levels are
maintained as necessary to protect the health, safety and welfare of County citizens.
Given these considerations, approval of this request is recommended subject to the applicant
addressing the impact on capital facilities.
CASE HISTORY
Plann'mg Commission Meeting (6/18/02):
At the request of the applicant, the Commission deferred this case to August 20, 2002.
Staff(6/19/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than June 24, 2002, for eonslderation at the Commission's August 20,
2002, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be
paid prior to the Commission's public hearing.
Applicant (6/26/02):
The application was amended to incorporate adjacent property for purposes of proffering
conditions.
Staff (7/24/02):
Revised proffered conditions were received. The applicant has not paid the $150.00 deferral
fee.
Applicant (8/19/02):
To address staff's concerns, an additional proffered condition ~elafive to average lot size was
submitted.
10 02sN0234-OCT23-BOS
Applicant (8/20/02):
The $I 50.00 deferral fee was paid.
Planning Conunission Meeting (8/20/02):
The applicant did not accept the recoinmendation. There was no opposition present.
Mr. Cunuingham noted that regardless of the recollection of conversations between staff and
the applicant, the applicant had initially addressed the impact on capital facilities and
subsequently withdrew that proffer.
On motion of Mr. Cunningham, seconded by Mr. Gulley, the Commission reconanended
denial of flais request.
AYES: Unanimous.
Board of Supervisors' Meeting (9/18/02):
At the request of the applicant, the Board deferred this case to October 23, 2002.
Staff (9/19/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than September 23, 2002, for consideration at the Board's O/tober
public hearing· The applicant was also advised that a $500.00 deferral fee was due.
Staff (I 0/4/02):
To date, no new information has been submitted nor has the .$500.00 deferral fee been paid.
The Board of Supervisors~ on Wednesday, October 23, 2002, beginning at 7:00 p.m,, will take under
consideration this request.
11 02SN0234-OCT23-BOS
INTERSTATE 295