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14SN0560CASE MANAGER: Darla Orr i , J `" ~k ~f I y '\~'. ; ~ tLkcl^~1~ ,~% BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 14SN0560 Chesterfield Land & Timber Corp. i~~crrGYYT~ n 1~T~-cTc ~~> `ni~~ May 28, 2014 BS Dale Magisterial District Gates Elementary, Matoaca Middle and Matoaca High Schools Attendance Zones North line of Nash Road, northeast of Eastfair Drive 11100 and 11110 Nash Road REQUEST: Rezoning from Agricultural (A) to Residential (R-88) plus conditional use planned development to permit exceptions to setback requirements. PROPOSED LAND USE: Single-family residential dwellings and a public road access for the Woodland Pond Subdivision is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning complies with the Comprehensive Plan which suggests the property is appropriate for Residential Agricultural use (maximum of 0.5 dwellings per acre). B. The proffered conditions adequately address the impacts of this development on necessary capital facilities, thereby ensuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice CONDITION (STAFF/CPC) 1. With the approval of this request, exceptions shall be granted to the Zoning Ordinance requirements for building setbacks within the Residential (R-88) District. The following minimum setbacks shall be provided: A. Front yard -The front yard setback for principle strictures shall be sixty (60) feet. For buildings located along cul-de- sacs, the building setback around the bulb of the cul-de-sac shall be permitted to be reduced to twenty-five (25) feet. However, setbacks for any lot shall be increased where necessary to obtain the required lot width at the front building line. B. Side yards -Twenty (20) feet in width. C. Corner Side yards -Fifty-five (55) feet in width. D. Rear yard -Fifty (50) feet in width. E. Accessory Strictures Minimum setbacks for accessory strictures shall be as follows: 1. Accessory strictures less than twelve (12) feet in height: a. Front yards -One-half the depth of the lot or eighty (80) feet whichever is less. b. Side and Rear yards -Ten (10) feet. c. Corner Side yards -Not less than the required front yard for a permitted use. 2. Accessory strictures greater than twelve (12) feet in height: a. Front yard -One-half the depth of the lot or eighty (80) feet whichever is less. b. Side yard -Twenty (20) feet. c. Rear yard -Twenty-five (25) feet. d. Corner Side yard - Not less than the required front yard for a permitted use. (P) 2 14SNO ~Ei0-2014 L~~ 28-BC)S-RPT PROFFERED CONDITIONS The Applicant in this case, pursuant to Section 15.2-2298 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 property known as Chesterfield County Tax Identification Number 763-655-5414 and 7635 ("the Property") under consideration will be developed according to the following proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the owner and Applicant, the proffer shall immediately be null and void and of no further force or effect. (STAFF/CPC) 1. Density. The maximum number of dwelling units shall be three ~3)~ ~') (STAFF/CPC) 2. Public Water. The public water system shall be used. (U) (STAFF/CPC) 3. Cash Proffers. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastnicture improvements within the service district for the property; provided, however, that for the period through June 30, 2017, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: a. $18,966.00 per dwelling unit, if paid prior to July 1, 2017; or b. If paid after June 30, 2017, and before July 1, 2018, $18,966.00 per dwelling unit, adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the fiscal year in which the case was approved and July 1 four years later. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. c. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted bylaw. d. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the County. If Chesterfield should adopt a "workforce" or "affordable" housing program which eliminates or permits a reduced cash 3 14SNO ~Ei0-2014 L~~ 28-BC)S-RPT proffer, the cash proffer for any dwelling unit on the Property that is designated as "worl~orce" or "affordable" housing, that meets all the requirements of the adopted "workforce" or "affordable" housing program, and for which a cash proffer has not yet been paid shall be adjusted to be consistent with the approved "workforce" or "affordable" housing program. (B & M) (STAFF/CPC) 4. Transportation. A. Dedication. In conjunction with recordation of the initial subdivision plat or within sixty (60) days upon request by Chesterfield County, whichever occurs first, forty-five (45) feet of right-of--way, on the west side of Nash Road, measured from the centerline of existing Nash Road immediately adjacent to the Property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) B. Access. Direct vehicular access from the Property to Nash Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) C. Road Improvements. In conjunction with development of the initial subdivision section, the applicant shall provide the following: i. Constriction of additional pavement along Nash Road at the approved access to provide left and right turn lanes. ii. Dedication to Chesterfield County, free and unrestricted, of any additional right of way (or easements) required for the road improvements described above. 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. In the event the County chooses not to assist the Developer in acquisition of the "off-site" right-of--way, the Developer shall be relieved of the obligation to acquire the "off-site" right-of--way and shall provide the road improvements within available right-of- 4 14SNO ~Ei0-2014 L~~ 28-BC)S-RPT way as deternuned by the Transportation Department. (T) (STAFF/CPC) 5. Timber Management. Timber management, for the purpose of enhancing the health and viability of the forest, shall occur under the supervision of a qualified forester, and will only be allowed upon the submission and approval of the appropriate forest management plan to include, but not limited tq erosion control, Chesapeake Bay Act/wetland restrictions, and the issuance of a land disturbance permit by the Environmental Engineering Department. Any other timbering shall be incorporated into the site development erosion and sediment control plan/narrative as the initial phase of infrastnicture constriction and will not commence until the issuance of the actual site development land disturbance permit. (EE) GENERAL INFORMATION Location: The request property is located on the north line of Nash Road, 1550 feet northeast of Eastfair Drive. Tax IDs 763-655-5414 and 7635. Existing Zonin A Size: 17.6 acres Existing Land Use: Vacant/wooded Adjacent Zoning and Land Use: North - R-88; Vacant South, East and West - A; Single-family residential or vacant UTILITIES Public Water System: There is an existing sixteen (16) inch water line along Nash Road. The applicant has proffered the use of the public water system for all lots. (Proffered Condition 2) 14SNO ~Ei0-2014 L~~ 28-BC)S-RPT Public Wastewater System: The public wastewater system is not available. Extension of service into this area is not planned. Health Department: Individual septic systems are planned to serve the proposed development. The Health Department must approve use of any new individual septic systems. ENVIRONMENTAL The property is forested. The standard timbering proffer has been offered to ensure the appropriate erosion control devices are in place prior to any land disturbance. (Proffered Condition 5) 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. Fire Service: 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 three (3) dwelling units, this request will generate approximately one (1) call for fire and EMS each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 3) The Airport Fire Station, Company Number 15, 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. Ei 14SNO ~Ei0-2014 L~~ 28-BC)S-RPT Schools: Residential Yield: 3 Student Yield FYrom Functional ~ Membership, No. of School Name Residential Capacity, 9-30-13 ~ Trailers ** Development 2013-14 ~~ ~~~~ nentary: Gates 1 710 891 f,(Y° a dle: Matoaca 0 1,072 1,438 ~'J:~° a t: Matoaca 0 1,860 1,794 ll (YT.p.a a 5 it 1 Projected Membership and Capacity Trends Over Time * ** P~r~,K~ctcd P~y~ K~ctcd P~r~,K~ctcd School Namc Mcmbc~ship, Mcmbc~ship, Mcmbc~ship, 9-311- I ~ 9-311- I ~ ~ 9-311-2U ~~~ nentary: Gates 699 686 ~~ 683 ~ dle: Matoaca 1,041 ~'1.~~~U 1,005 ~'1(i~ai 1,071 "7..paa t: Matoaca 1,810 ll (Y ll ° a 1,831 ~ 1,801 ll (Y(Y° a NOTE: * The Student Yield is based on the FY2014 Cash Proffer Methodolog~~ as provided bv_ the Chesterfield Counti<_ Finance Department. NOTE: ** If a school is less than 90% of capacitL~ and has tl-ailers, those tl-ailers are not identified in the staffreport Student Membership is based on membership as of 09-30-13. School Capacit<• is based. on the 2013-14 Space Utilization Stud~•. *** DISCLAIMER: Please mote that Pt°ojeeted ~Ienzbership AND Fzrrrctiorral Capaciij~ at°e zrpdated orr arr ANNUAL BASIS acrd at°e based orr the September 30 nzenzbership f'or a given year acrd the Space titilizatiorr Stzrdy Repot°t which is corrdzrcted every year°. The Space titilizatiorr Stzrdy is a r°epor°t that is corrdzrcted arrrrzrcrlly wher°eby Plarrrrbrg staff corrdzrcts a site visit of every school br the cozrnt~~ acrd the Pr°brcipal r°eviews his or her°f7oor plan acrd identifies the zrse of every classy°oonz. Fr°onz that brf'ornzatiorr a r°epor°t is pr°epar°ed that calczrlates the Fzrrrctiorral Capaciij~ of that school. The school system needs to know how each of their facilities is zrtihzed f'or f'zrrrdbrg acrd space allocation pzaposes. Agabr, it is inzportarrt to mote that these rrzmzbers change every year. After review of this request, the proposed rezoning case will have a minimal impact on the aforementioned schools. The projected student membership and capacity trends at this time indicate an overall decrease in membership at the elementary and secondary levels by 2020. However, over time this case, combined with other tentative residential developments, infill developments and other zoning cases in the area, will continue to push these schools to capacity. 7 14SNO ~Ei0-2014 L~~ 28-BC)S-RPT Therefore, the aforementioned units should be subject to full cash proffers, to nutigate the impact that this proposed development would have on schools. The applicant has offered measures to address the impact of the development on school facilities. (Proffered Condition 3) Libraries: Development at this location would most likely impact the Central Library. The Public Facilities Plan recommends the completion of 6,000 square feet of unfinished space in the Central Library. The applicant has offered measures to assist in mitigating the impact of this development on library facilities. (Proffered Condition 3) 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 & 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. The applicant has offered measures to assist in mitigating the impact of the proposed development on parks facilities. (Proffered Condition 3) County Department of Transportation: The applicant has proffered a maximum density of three (3) lots (Proffered Condition 1). Based on single-family trip rates, development could generate approximately forty (40) average daily trips. These vehicles will be initially distributed along Nash Road, which had a 2012 traffic count of 8,427 vehicles per day. This two (2) lane section of Nash Road is at capacity (Level of Service E) for the volume of traffic it carries. The Thoroughfare Plan identifies Nash Road as a maj or arterial with a recommended right-of--way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right-of--way, measured from the centerline of Nash Road, for the entire property frontage in accordance with that Plan. (Proffered Condition 4.A) Access to major arterials, such as Nash Road, should be controlled. The applicant has proffered that direct vehicular access from the property to Nash Road will be limited to one (1) public road. (Proffered Condition 4.B) The traffic impact of this development must be addressed. The applicant has proffered to constrict left and right turn lanes along Nash Road at the proposed public road intersection (Proffered Condition 4.C). Constricting these road improvements along Nash Road may require the developer to acquire some off-site right-of--way. According to Proffered Condition 4.C, if the developer is unable to acquire the off-site right-of--way for 8 14SNO ~Ei0-2014 L~~ 28-BC)S-RPT any road improvement, the developer may request the County to acquire the right-of--way as a public road improvement. All costs associated with the acquisition will be borne by the developer. If the County chooses not to assist with the right of way acquisition, the developer will not be obligated to acquire the off-site right-of--way, and will only be obligated to constrict road improvements within available right-of--way. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has proffered to contribute cash, in an amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic impact of the development (Proffered Condition 3). As development continues in this part of the County, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases. Virginia Department of Transportation (VDOT~: State acceptance of the proposed public road from Nash Road to the existing terminus of Waterfowl Flyway in the Woodland Pond Subdivision is subject to compliance with the Departments 2011 Subdivision Street Acceptance Requirements (SSAR's) for roadway design, connectivity between subdivisions and pedestrian accommodations. The proposed Nash Road connection location is subject to compliance with the Departments Access Management spacing standards between existing commercial entrances and intersections. The proximity of the proposed connection to existing intersections is such the minimum spacing standards are met. Financial Imbact on Cabital Facilities: Per Dwelling Unit Potential Number of New Dwelling Units 3 * 1.00 Population Increase 8.02 2.67 Number of New Students Elementary 0.63 0.21 Middle 0.34 0.11 High 0.46 0.15 Total 1.43 0.48 Net Cost For Schools $ 28,335 $ 9,445 Net Cost for Parks $ 3,741 $ 1,247 Net Cost for Libraries $ 969 $ 323 Net Cost For Fire Stations $ 2,127 $ 709 Average Net Cost Roads $ 24,057 $ 8,019 Total Net Cost $ 59,229 $ 19,743 *Based on the maximum number of units proffered in this case (Proffered Condition 3). The actual number of dwelling units and their corresponding impacts may vary. 9 14SNO ~Ei0-2014 L~~ 28-BC)S-RPT 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. To address the impact of this development on capital facilities, the applicant has proffered $18,966 per dwelling unit which is the Board's current maximum cash proffer. The proffer also includes language that would freeze the $18,966 contribution for a period of four (4) years, beginning on July 1 of the fiscal year in which the case is approved, after which it would be escalated by the cumulative change in the Marshall and Swift Building Cost Index each July 1, a provision recently adopted by the Board of Supervisors. Circumstances relevant to this case, as presented by the applicant, have been reviewed, and it has been determined that it would be appropriate to accept the maximum cash proffer of $18,966 for each dwelling unit in this case. LAND USE Comprehensive Plan: The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use (maximum of 0.5 dwellings per acre). Area Development Trends: Properties to the north of the request property are zoned residentially and are occupied by single-family residential use within the Woodland Pond Subdivision or are vacant. Properties to the south, east and west are zoned agriculturally and are occupied by single- family residential use on acreage parcels or are vacant. Density: Proffered Condition 1 limits the maximum number of dwellings permitted on the request property to three (3) units, yielding a density of approximately 0.2 dwellings per acre. Setbacks: To accommodate the proposed developable lots along with the public road access planned across the request property to connect Woodland Pond Subdivision to Nash Road, setback exceptions are requested for principal and accessory strictures. (Condition) CONCLUSIONS The proposed zoning complies with the Comprehensive Plan which suggests the property is appropriate for Residential Agricultural use (maximum of 0.5 dwellings per acre). 10 14SNO ~Ei0-2014 L~~ 28-BC)S-RPT The proffered conditions adequately address the impacts of this development on necessary capital facilities, thereby ensuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (3/18/14): On their own motion and with the applicant's consent, the Commission deferred this case to their April 15, 2014 public hearing. Staff (3/19/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 24, 2014 for consideration at the Commission's April 15, 2014 public hearing. Staff (3/26/14): To date, no new information has been received from the applicant. Staff (4/15/14): Schools revised their comments to include projected membership and capacity trends. Planning Commission Meeting (4/15/14): The applicant's representative accepted the recommendation. There was no opposition present. On motion of Dr. Brown, seconded by Mr. Patton, the Commission recommended approval subject to the condition and acceptance of the proffered conditions on pages 2 through 5. AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller. The Board of Supervisors, on Wednesday, May 28, 2014 beginning at 6:30 p.m., will take under consideration this request. 11 14SNO ~Ei0-2014 L~~ 28-BC)S-RPT ..x~.,„.... O /~ 1 WI _ h ,. ( ~ i. ..~ =^~ h S a t } j ' "~ t ~ t~~ .p !'~ t•.~ ~ j; i ~,r. ~ ^ ~ , k ~ d f' ~.~ ~ - ~~ ~' '~ ,1. ~: ~.. . f ~ /f i 9• rri ... ~ -, ~P~K~P~ ``.,„,~ ~ ' ` III„ 2.., ~ V`` ~ ~ "'"~~'~,. ~ ~~~~+~~ it .. Q ~~ ° ~° ,,, ~ ,,,,,,0 ~. O LL O 0 li 0 Z /; a r O O O