13SN0125CASE MANAGER: Robert Clay
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13SN0125
Viridis Development Corporation
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March 12, 2014 BS
Clover Hill Magisterial District
Reams Road Elementary; Providence Middle and Monacan High School Attendance Zones
Off the northern terminus of Viclcilee Road
REQUESTS: L Amendment of zoning (Case 06SN0127) to eliminate Cash Proffers
(Proffered Condition 2). In lieu of a cash proffer, the applicant has offered
an "in-kind" transportation improvement (Proffered Condition 2), and;
II. Amendment of zoning
development having sole
(Proffered Condition 8).
(Case 06SN0127) to increase density for
access through Forest Acres Subdivision.
PROPOSED LAND USE:
A single-family residential subdivision with a minimum lot size of 12,000 square
feet is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
AYES: MESSRS. WALLIN, PATTON, GULLEY AND WALLER.
NAY: DR. BROWN.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
STAFF RECOMMENDATION
Recommend denial of the request to eliminate the cash proffer (Request I) and approval of the
request to increase density (Request II), for the following reasons:
While the proposed density complies with the Northern Courthouse Road Community
Plan and is compatible with area development, and the "in-kind" improvements address
the impact on transportation facilities, the application does not mitigate the impacts of
this development on school, park, library and fire station facilities, thereby not ensuring
adequate service levels are maintained and protecting the health, safety and welfare of
County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. CONDITIONS
NOTED "CPC" ARE CONDITIONS RECOMMENDED BY THE COMMISSION.)
PROFFERED CONDITION
(CPC) 1. Any residential lots having sole access through Forest Acres Subdivision
shall have an average lot size of 17,400 square feet. There shall be no
more than 50 lots if sole access is provided through Forest Acres
Subdivision. (P)
(Note: This proffered condition replaces Proffered Condition 8 of Case
06SN0127.)
(CPC) 2. In conjunction with development of the initial section, the Developer shall
constrict a northbound right turn lane along Courthouse Road at
Cherylann Road. The exact design of this improvement shall be approved
by the Transportation Department. The developer shall be responsible for
dedication to Chesterfield County, free and unrestricted, of any additional
right-of--way (or easements) required for this improvement. In the event
the Developer is unable to acquire any "off-site" right-of--way that is
necessary for this improvement, the Developer may request, in writing,
that the County acquire such right-of--way as a public road improvement.
All costs associated with the acquisition of the right-of--way shall be borne
by the Developer. (T)
(Note: This proffered condition is in addition to Proffered Conditions of
Case 06SN0127. In addition, should this request be approved, Proffered
Condition 2 of Case 06SN0127 (Cash Proffer) would be deleted. All other
conditions of approval for Case 06SN0127 would remain in effect.)
2 13SN012~-2014 L~R12-BOS-RPT
GENERAL INFORMATION
T ,~cati nn
The request property is located off the northern terminus of Viclcilee Road, the western
terminus of Marblethorpe Road, north of Cherylann Road and the eastern terminus of North
Viclcilee Road and Viclcilee Court. Tax IDs 746-699-8830; and 747-699-0744, 1248, 1750,
2453, 3040 and 4454.
Existing Zonin
R-12
Size:
22.6 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North and South - R-7; Single-family residential or vacant
East - R-9 and A; Single-family residential
West - R-9; Single-family residential
UTILITIES
Public Water Svstem:
The public water system is directly available to this site. There is an eight (8) inch water line
extending to the northwest corner of the request site. There is also a six (6) inch water line
extending along Marblethorpe Road to the eastern property boundary and to the northeastern
corner of the request site. Connection to the public water system is required with Case
06SN0127.
Public Wastewater Svstem:
The public wastewater system is mailable to the request site. There is an eight (8) inch
wastewater line extending along the northern property boundary of the request site. There is
also an eight (8) inch wastewater line extending along the southern property boundary of the
request site. Connection to the public wastewater system is required with Case 06SN0127.
13SN012~-2014 L~R12-B( )S-RPT
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains in three (3) directions. A small portion of the property drains
to the southwest to Heather Ridge, Section 4. There are currently easements available
which could be utilized for improvements, if necessary. Possibly, twenty-five (25)
percent of the property drains in this direction. The remaining property drains to the south
into Forest Acres, Section 2.
There are many off-site drainage problems for that portion of the property that drains to
the south into Forest Acres. Forest Acres subdivision, recorded in 1959, was developed
prior to the County's enforcement of stormwater regulations and therefore does not
possess adequate storm drainage conveyance systems to accommodate the increased
nmoff generated by the development of this site.
As a result, the applicant in the original zoning in 2006 proffered a study to determine
what downstream improvements in Forest Acres would be required to achieve required
standards and floodplain protection. The constriction plans would then have to reflect the
improvements which must be installed in the first phase of constriction. The approved
constriction plans protect the homes from flooding on a 100 year storm but the design
has little or no margin for additional impervious area that would result from approval of
this case to drain through Forest Acres to the south. While the approved constriction
plans include portions of the two (2) lots that extend into the subject property (reference
Attachment 2), these plans do not include the one (1) additional lot proposed entirely
within the limits of the 2007 tentative subdivision plan for Forest Acres (reference
Attachment 1) which generates the cause for concern. The approved constriction plan is
extremely tight, and it is staff's opinion that, with any additional density, the existing
design will not meet the conditions of the previous zoning and subdivision requirements.
Based on the above, the approval of the additional density will invalidate the presently
approved constriction plans entitled "Forest Ridge and Re-Subdivide of Lots 4-6 and 13
Forest Acres" and be the cause for the new submittal of constriction plans and
calculations. If, in the opinion of the Environmental Engineering Department, the higher
density development compronuses the level of flood protection afforded by the presently
proposed on site and downstream improvements, then, additionally, on site detention
facilities designed to attenuate up through 100 year nmoff rates must be incorporated into
the site design. These facilities could cause any gained density achieved by zoning to be
lost by required storm drainage site design.
Water Quality:
With the increase in density, there will be additional Chesapeake Bay compliance
requirements. The source for previous Bay Act compliance is no longer available.
4 13SN012~-2014 L~R12-BC1S-RPT
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
F1YP C'PY'Vl(`.P'
The Public Facilities Plan as part of the Comprehensive Plan indicates that fire and
emergency medical service (EMS) calls increased by forty-four (44) percent from 2001 to
2011, significantly faster than the County's population increase of seventeen (17)
percent. Of the total incidents in 2011, nearly seventy-six (76) percent were medical
emergencies and twenty-four (24) percent were fire-related. It is expected with the
general aging of the population that medical emergency incidents will increase faster than
the rate of population growth over time. Five (5) new fire/rescue stations are
recommended for constriction by 2022 in the Plan. In addition to the five (5) new
stations, the Plan also recommends the replacement/revitalization of four (4) existing
stations.
Based on fifty (50) dwelling units (Proffered Condition), this request will generate
approximately eleven (ll) calls for fire and EMS each year. The deletion of Cash
Proffers will leave the impact to Fire and EMS unaddressed.
The Courthouse Fire Station, Company Number 20, currently provides fire protection and
EMS. When the property is developed, the number of hydrants, quantity of water needed
for fire protection, and access requirements will be evaluated during the plans review
process. With the increase in number of dwelling units, the development will be required
to provide two (2) points of access in accordance with section 17-76.
13SN012~-2014 L~R12-BOS-RPT
Schools:
Residential
Yield: 50
Student
Yield From No. of
Functional % of
School Name Residential Membership Capacity Capacity Trailers
Development
:~
Elementary: Reams Road 11 506 628 81% 0
Middle: Providence 6 832 1,057 79% 0
High: Monacan 8 1,366 1,757 78% 0
Total 25
NOTE: The Student Yield is based on the FY2014 Cash Proffer Methodology as provided by the
Chesterfield County Finance Department.
NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified
in the staff report.
Student Membership is based on membership as of 09-30-13.
School Capacity is based on the 2013-14 Space Utilization
Study.
After review of this request, the proposed zoning case will have a minimal impact on the
aforementioned schools involved. However, over time this case, combined with other
tentative residential developments, infill developments and zoning cases in the area,
could continue to push elementary and secondary schools to capacity. Therefore, the
aforementioned units should continue to be subject to full cash proffers, to mitigate the
impact that this proposed development would have on schools.
T •,
Development of the property noted in this case would most likely impact the existing La
Prade Library, the existing Clover Hill Library or a proposed new branch in the
Reams/Gordon area. A need for additional library space in this area of the County is
identified in the Plan. Deletion of Cash Proffers will leave the impact library services
unaddressed.
Ei 13SN012~-2014 L~R12-BOS-RPT
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional parks totaling 600
acres, ten (10) community parks totaling 790 acres, nine (9) neighborhood parks totaling
180 acres, and three (3) water-based special purpose parks. The Plan also identifies the
need for urban parks within mixed use developments to compliment and provide linkages
to the County's park system. The Plan identifies the need for linear parks and trails and
resource-based special purpose parks [historical, cultural and environmental] and makes
suggestions for their locations. The Plan also addresses the need to expand existing park
sites to meet level of service standards. The Plan also identifies the need to improve
access to blueways through the acquisition of easements and properties. Co-location with
schools and other compatible public facilities is desired.
By eliminating the Cash Proffers, the applicant has failed to offer measures to address the
impacts of this development on parks and recreation facilities.
County Department of Transportation:
The applicant plans to develop fifty (50) lots on the property (Proffered Condition 1).
Based on trip generation rates for single-family housing, development of the property
could generate approximately 550 Average Daily Trips (ADT). Most of this traffic would
ultimately be distributed to Courthouse Road, which is a four (4) lane divided facility at
its intersection with Cherylann Road. Based on a 2009 traffic count of 35,879 ADT,
Courthouse Road in this area was functioning at a Level of Service D.
The traffic impact of this development must be addressed. Area roads need to be
improved to address safety and accommodate the increase in traffic generated by this
development. To mitigate the traffic impact of this request, the applicant has proffered to
constrict a northbound right turn lane along Courthouse Road at Cherylann Road.
(Proffered Condition 2)
Citizens traveling northbound on Courthouse Road currently have to tLirn from a through
lane to access Cherylann Road. Based on observations staff performed during the
afternoon peak hour, this maneuver adversely impacts northbound through traffic on
Courthouse Road. Vehicles traveling northbound have to slow significantly when
following a vehicle turning onto Cherylann Road. Providing the proffered right turn lane
will partially mitigate the impact of these right turns. In general, providing separate right
turn lanes along a roadway increases its capacity, resulting in an improved level of
service. Staff supports constriction of the right turn lane.
Based on the amount of the transportation component of the current cash proffer ($7,704)
and the number of lots planned (fifty (50), the applicant should provide $385,200 in cash
or in-kind improvements to mitigate the traffic impact of this proposed development. The
actual cost of the proffered improvement cannot be determined until constriction is
complete and may be more or less than the road component of the cash proffer
established by the Board of Supervisors. Staff feels the proffered improvement will
address the major traffic impact of this request.
7 13SN012~-2014 L~R12-BOS-RPT
Virginia Department of Transportation (VDOT~:
A change in lot density will result in additional traffic generation that may affect required
roadway geometry. The change in traffic volume may not significantly affect the road
geometry, however, the approved Tentative Plan (Case 07TS0221) may need revision
and the subdivision constriction plan for Forest Ridge may also need revision.
Financial Impact on Capital Facilities:
Per Dwelling Unit
Potential Number of New Dwelling Units 50* 1.00
Population Increase 131 2.62
Number of New Students
Elementary 10.69 0.21
Middle 5.71 0.11
High 7.63 0.15
Total 24.03 0.48
Net Cost For Schools $ 472,250 $ 9,445
Net Cost for Parks $ 62,350 $ 1,247
Net Cost for Libraries $ 16,150 $ 323
Net Cost For Fire Stations $ 35,450 $ 709
Average Net Cost Roads $ 400,950 $ 8,019
Total Net Cost $ 987,150 $ 19,743
*Based on the number of assumed dwelling units (Proffered Condition). The actual number of
dwelling units and corresponding impact may vary.
The original zoning case (06SN0127) was approved in August 2006 with the maximum Cash
Proffer at the time of $15,600 per dwelling unit (currently escalated by the Marshall and Swift
Building Cost Index to $21,431 per unit). The original case also included an option to perform a
drainage study that would have reduced the amount of the Cash Proffer to $11,225 (currently
escalated to $15,421).
The applicant is requesting the deletion of cash proffers (Condition 2 of Case 06SN0127) and is
furthermore offering the development of a northbound right turn late along Courthouse Road at
8 13SN012~-2014 L~R12-BC1S-RPT
Cherylann Road to address its impact on transportation. In addition, the applicant is proffering
density of no more than fifty (50) lots, and an average lot size of 14,700 square feet, if sole
access is provided through Forest Acres Subdivision.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, parks, libraries, fire stations
and roads as $19,743 per unit.
The current Cash Proffer Policy allows the County to assess the impact of all dwelling units in
previously approved zoning cases that come back before the Planning Commission and Board of
Supervisors using the calculated capital facility costs in effect at the time the case is
reconsidered. The applicant has proffered road improvements to mitigate the impact of the
development on capital facilities, and staff finds the transportation proffer acceptable for
mitigating the road impacts. However, the request falls short of adequately addressing the impact
on school, park, library and fire station facilities. While appropriate to maintain the cash proffer
approved with Case 06SN0127, the Board of Supervisors has set the current maximum cash
proffer at $18,966, an amount lower than what was approved with the original case.
Based on the request, the applicant has chosen not to adequately address the impact of the
development on school, park, library and fire station facilities. Consequently, the County's
ability to provide adequate facilities to its citizens will be adversely impacted.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Northern Courthouse Road
Community Plan, which suggests the property is appropriate for residential use of 2.5
dwellings per acre or less.
Area Development Trends:
Surrounding properties are zoned Residential (R-9 and R-7) and are developed as part of
the Briarcliff, Heatheridge and Forest Acre Subdivision developments or are zoned
Agricultural (A) and occupied by single-family dwellings on acreage parcels. It is
anticipated that any residential redevelopment of acreage properties in this general area
will be consistent with the recommended densities of the Plan.
Zoning History:
On August 23, 2006 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning to Residential (R-12) on the subject
property (Case 06SN0127). With the approval of Case 06SN0127 the applicant offered a
Cash Proffer as a means of addressing the impact of the development on necessary capital
facilities. In addition, the applicant agreed to certain lot size and density maximums (of
2.1 to 2.9 dwelling units per acre), should the property develop with sole access through
adjacent subdivisions.
U SN012~-2014 L~R12-B( )S-RPT
Comparison of Lot Sizes and DensitX:
Currently, the ordinance requires a minimum lot size of 12,000 square feet in a
Residential (R-12) District. Access to the subject property may be provided through
Briarcliff, Heatheridge or Forest Acres Subdivisions.
• Briarcliff Subdivision, Section 4, contains an average lot size of 12,500 square
feet and density of 3.3 dwelling units per acre
• Heatheridge Subdivision, Section 2, contains an average lot size of 13,500 square
feet and a density of 2.7 dwelling units per acre
• Forest Acres Subdivision, Sections C and D together contain an average lot size
of 17,200 square feet and a density of 2.1 dwelling units per acre.
In an effort to address compatibility with adjacent developments through which this
property may have sole access, the applicant agreed to average lot sizes and densities
consistent with adjacent subdivisions. (Proffered Conditions 6, 7 and 8 of Case
06SN0127)
In 2007, a tentative subdivision plan was approved on the request property that provides
for sole access through Forest Acres Subdivision, Sections C and D (Case 07TS0221-
Forest Ridge -Attachment 1). This plan depicts forty-seven (47) lots and is in
compliance with the maximum density of 2.1 dwelling units per acre, as restricted by
Case 06SN0127. Specifically, Proffered Condition 8 of Case 06SN0127 reads as follows:
Any residential lots having sole access through Forest Acres Subdivision shall
have an average lot size of 17,400 square feet. Such lots shall not exceed a density
of 2.1 dwelling units per acre.
In 2008, a tentative subdivision plan was approved on adjacent property to the south,
being a re-subdivision of five (5) recorded lots in Forest Acres Subdivision, Section C
(Case 08TS0210 -Forest Ridge -Phase II). Of the proposed eight lots in this re-
subdivision, portions of two (2) of the lots extend into the geography of the request
property (Attachment 2). As such, these two (2) lots would be counted towards the
proffered lot yield for the request property (2.1 dwelling units per acre), yielding forty-
nine (49) lots.
The applicant has indicated intent to amend the 2007 approved tentative plan to obtain
one (1) additional lot, yielding forty-eight (48) lots. In combination with the two (2) re-
subdivision lots, these modifications would increase the total number of lots to fifty (50),
yielding a change in density from 2.1 to 2.16 dwelling units per acre. This proposed
change of density continues to be consistent with intent of the original Proffered
Condition 8 for compatibility with the adjacent Forest Acres development and continues
to be within the density limitations suggested by the Plan.
10 13SN012~-2014 L~R12-BOS-RPT
Dwelling Size and Foundation Treatment:
The minimum square footage for dwellings and foundation treatment approved with the
previous zoning would remain in effect with approval of this case. One-story units and
units above one-story are currently limited to minimum gross floor areas of 1,500 and
1,800, respectively. In addition, foundation treatment and exposed piers supporting front
porches are to be faced with brick veneer.
CONCLUSION
The requested modification to density would increase the maximum density of the development
from 2.1 to 2.16 dwelling units per acre, resulting in an additional three (3) lots with sole access
through Forest Acres Subdivision. This amendment continues to maintain compatibility with
area development.
The requested modification would also delete the cash proffer in favor of proffered road
improvements to mitigate the impact of the development on capital facilities. While staff finds
the transportation proffer acceptable in mitigating the road impact, the request falls short of
adequately addressing the proposed development's impact on school, park, library and fires
station facilities. Consequently, the County's ability to provide adequate facilities to its citizens
will be adversely impacted.
Given these considerations, denial of the request to eliminate the cash proffer and approval of the
requested increase in density is recommended.
CASE HISTORY
Planning Commission Meeting (11/15/12):
On their own motion and with the applicant's consent, the Commission deferred this case
to their Febniary 19, 2013 public hearing.
Staff (11/16/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 10, 2012 for consideration at the
Commission's Febniary 19, 2013 public hearing.
Staff (1/16/13):
To date, no new information has been received.
11 13SN012~-2014 L~R12-BOS-RPT
Planning Commission Meeting (2/19/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their May 21, 2013 public hearing.
Staff (2/20/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 11, 2013 for consideration at the Commission's
May 21, 2013 public hearing.
Staff (4/25/13):
No new information has been received.
Planning Commission Meeting (5/21/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their August 20, 2013 public hearing.
Staff (5/22/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 10, 2013 for consideration at the Commission's
August 20, 2013 public hearing.
Staff (8/1/13):
To date, no new information has been received.
Planning Commission Meeting (8/20/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their November 19, 2013 public hearing.
Staff (8/21/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 9, 2013 for consideration at the
Commission's November 19, 2013 public hearing.
12 13SN012~-2014 L~R12-BOS-RPT
Staff (10/23/13):
To date, no new information has been received.
Planning Commission Meeting (11/19/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their January 21, 2014 public hearing.
Staff (11/21/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 25, 2013 for consideration at the
Commission's January 21, 2014 public hearing.
Staff (12/19/13):
An additional proffered condition was received.
Applicant, Staff, Area citizens, and District Commissioner (1/6/14):
A community meeting was held. Questions were raised relative to possible impact on
area drainage, with additional discussion about proposed road improvements on
Courthouse Road.
Applicant (1/20/14):
The applicant submitted revised Proffered Condition 2.
Planning Commission Meeting (1/21/14):
The Planning Commission meeting scheduled for January 21, 2014 was rescheduled to
January 23, 2014 due to inclement weather.
Staff (1/21/14):
Schools submitted revised comments to reflect current school functional capacities based
on the 2013-14 Space Utilization Study as well as current school trailer data.
13 13SN012~-2014 L~R12-BC1S-RPT
Planning Commission Meeting (1/23/14):
On their own motion and with the applicant's consent, the Commission deferred this case
to their Febniary 18, 2014 public hearing.
AYES: Messrs. Wallin, Patton, Brown and Waller.
ABSENT: Mr. Gulley.
Staff (1/24/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 27, 2014 for consideration at the Commission's
Febniary 18, 2014 public hearing.
Staff (1/27/14):
To date, no new information has been received.
Planning Commission Meeting (2/18/14):
The applicant did not accept staffs recommendation, but did accept the Planning
Commission's recommendation.
Mr. Gulley noted that this area is in need of revitalization; that aging neighborhoods need
to attract younger residents; and as an infill project, the proposal would have minimal
impact on the area's public facilities.
Messrs. Patton and Waller concurred that the proposal should be considered infill; and
that the current Cash Proffer Policy does not promote infill and revitalization.
Dr. Brown indicated that while in agreement that the project represented infill, no
changes had been made by the Board to the Cash Proffer Policy to address infill; and that
full removal of cash proffer would require infrastnicture costs to be borne by existing
County residents.
Dr. Wallin indicated that focus should be on County-wide public infrastnicture needs
rather than the needs within a single area; recognized that infill is undefined; noted the
importance of incentivizing community reinvestment; and clarified his decision was
conflicted and not precedent-setting.
14 13SN012~-2014 L~R12-BC1S-RPT
On motion of Mr. Gulley, seconded by Mr. Waller, the Comnussion recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Wallin, Patton, Gulley and Waller.
NAY: Dr. Brown.
The Board of Supervisors, on Wednesday, March 12, 2014 beginning at 6:30 p.m., will take
under consideration this request.
1 ~ 13SN012~-2014 L~R12-BOS-RPT
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