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03SN0329-Feb25.pdf~ ....... ~ ~nn~ CPC February 25, 2004 BS STAFF'S REQUEST ANALYSIS RECOMMENDATION 03SN0329 (Amended) Lewis W. Combs, Jr.,and James F. Stephens Midlothian Magisterial District Robious Elementary School; Robious Middle'School; and James River High SChool zones South line of Robious Road REQUEST: Rezoning from Residential (R-40) to Residential (R-15) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. Specifically, a ten (10) foot exception to the forty (40)foot front yard requirement is requested. PROPOSED LAND USE: A single family residential subdivision with a maximin of eleven (11) lots and a minimm lot size of 15,000 square feet and an overall average lot size of more than 21,000 square feet is planned, yielding a density of approximately 1.7 dwelYmg traits per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed zoning and land USe conform to the Northern Area Plan, which suggests the property is appropriate for medium density residential use at a density of 1.51 to 4.0 units per acre. Providing a FIRST CHOICE Community Through ExcellenCe in Public Service. Bo The proposed zoning and land use is representative of and compatible with existing area residential development. The proffered conditions address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the CaPital. Improvement Program and the impact of this development is discussed herein. The proffered conditions adequately mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE:' CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPONBY 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 THE'PLANNING COMMISSION0_ CONDITION (STAFF) With approval of this request a ten (10) foot exception to the forty (40) foot front yard requirement shall be granted. (P) PROFFERED CONDITIONS (STAFF) I. No direct access shall'be provided from the property to Robious Road. (T) (STAFF) 2. In conjunction with recordation of the initial subdivision plat, forty-five (45) feet of right-of-way on the south side of Robious :Road, measured from the centerline of that part-of Robious Road immediately adjacent.to the property shall be dedicated, free and unrestricted, to and for benefit, of Chesterfield County. (T) (STAFF) 3. Except for timbering aPproved'by the Virginia State Forestry Department for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and. the approved devices have been installed. (EE) (STAFF) 4. The public water and wastewater system shall be used. (U) (STAFF) 5. A maximum of eleven (11) lots shall be permitted. (p) (STAFF) 6. No lot will be smaller than 15,000 square feet, and the overall aVerage lot size shall exceed 21,000 square feet. (P) 2 03SN0329-FEB25-Bos (STAFF) Location: For each lot for which a building permit is secured 'beginning with the 7~ residence, the applicant, subdivider, or assignee(s) shall pay the following to' the County of Chesterfield prior to the issuance of building permit for infrastructure improvements within the service district for the property. ao The mount approved by the Board of Supe~isors not to exceed $9,000 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1 2003, and July 1' of the fiscal year in which.the payment is made. bo In the event that any building permits issued on the property are for senior house, the units of whiCh meet the occupancy requirements for "age 55 or over" housing as set forth in Section 3607 of the Fair Housing ACt, 42 USC. Section 3601 et seq. as amended by the Fair. Housing Amendments Act-of 1988,'and of 24 CFR Section 100.304 in effect as of the date of the Rezoning, and which are subject to the occupancy requirements that no person, under 19 shall reside in such unit, the amount approved by the Board of Supervisors not to exceed '$4,815 per dwelling unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index:between July 1, 2003 and July 1 of the fiScal year in which the payment is made. At the time of payment;.the $4,815 shall be allocated pro-rata among the facility .costs as follows: $598 for Parks facilities, $324 for libraries, $346 for fire Stations, and $3,547 fOr roads. Payments in excess of $4,815 shall be prorated as set forth above. In the event the cash'payment is not used for the purpose for which proffered ~wi~ 'thin 15 years of receipt, the cash shallbe returned in full to.the payor. Should Chesterfield C°unty impose impact fees at any time during the .life of the- development that are applicable tothe Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition: to, any impact fees, in a manner determined by the County. (B&M) GENERAL INFORMATION Fronts the south line of Robious Road, east of Sandhurst Lane. Tax ID 735-716-8642 (Sheet 2). Existing Zoning: R-40 3 03 SN0329-FEB25-BOS Size: 6.5 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North and West - R-40; Single family residential or vacant South and East - R-15; Single family residential UTILITIES Public Water System: There is a sixteen (16) inch water line along the north side of Robious Road; adjacent to the request site. In addition, a six (6) inch water line extends along Auger Lane and terminates approximately forty (40) feet.east of this site. Use of the publiC'water system is intended and has been proffered. (Proffered Condition 4) preliminary investigations of the water pressure in this area 'indicate a potential for low' 'domestie (static) pressure on lots with an elevation greater than 380 feet. Individual.booster pumps may be necessary to provide the desired level of water pressure. Public Wastewater System: There is an eight (8) inch wastewater collector extending along Framar Drive approximately 200 feet south of this site. In addition, there is an eight (8) inch wastewater collectorline in Auger Lane that terminates approximately 120 feet east .of this site. Use of the public wastewater system is intended and has been proffered. (Proffered Condition 4) ENVIRONMENTAL Drainage and Erosion: The property drains south and then via storm sewers in Roxshire Subdivision to a tributary of Falling Creek. There are no existing or anticipated on- or off-site drainage or erosion problems; The property is wooded and should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering (PrOffered Condition 3). This will insure adequate erosion control measures are in place'prior to any timbering. 4 03SN0329-FEB25-BOS PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital.Improvement Program. This development will have. an impact on these facilitieS. Fire Service: The Public Facilities Plan indicates that Emergency services 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 five (5) new dwelling units, this request will generate approximately one (1) call for fire and 'EMS services each year. The applicant has offered measures to assist in addressing the impact on fire service. (Proffered Condition 7) The Bon Air Fir~ Station, Company Number 4, and Forest View Volunteer Rescue Squad currently provide fire protection and emergency medical service. When the property-is · developed, the number of hydrants, quantity of Water needed for fire protection andaccess requirements will be evalUated'during the plans reView process. Schools: ApprOximately two (2) school age children will be generated by this development. The site lies in the Robious Elementary School attendance zone: capacity ~ 689, enrollment - 540; Robious Middle School zone: capacity- 1,107, enrollment - 1,107; and James River High School zone: capacity- 2,067, enrollment- 1,829. This development will have impact on the middl'e.school. There are currently six (6) trailers at Robious Middle School. The applicant has offered measures to assist in addressing the impact-on- School facilities: (Proffered Condition 7) Libraries: Consistent with the 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. Even if the facility improvements that have been made since the Public Facilities Plan was published are taken into account, there is still an unmet need for additional library space throughout the County. This development is located such that it could affect either the Midlothian Library or the Bon Air Library. The Public Facilities Plan identifies a need for additional Library space in this area of the County. The applicant'has offered measures to assist in addressing the impact on library facilities. (Proffered Condition 7) 5 03 SN0329-FEB25-BOS TransportatiOn: The applicant is requesting rezoning from Residential (R-40) to Residential (R-15) and has proffered a maximum or'eleven (1 l) lots will be developed on the property (Proffered Condition 5). Based on single family triprates, development could generate approximately 100 average daily trips. These vehicles will be distributed along Robious.Road, which had a 2002 traffic count of 10,370 vehicles per day. The Thoroughfare Plan identifies Robious Road as a major arterial with a recommended fight of way width of ninety (90) feet. The applicanthas proffered to dedicate forty,five (45) feet of right ofway on the east. side of the road,.measured from the centerline of Robious ROad, in accordance with that Plan. (Proffered Condition 2) Access to major arterials, such as Robious Road, should be controlled. The applicant has proffered that no direct access will be provided from the property to Robious Road (Proffered Condition 1). Access to Robious Road will be provided via Auger Lane and Old' Gun Road in Roxshire Subdivision. The traffic impact of this development must be addressed. Area roads need to be improved to address safety and aecommodatethe 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 this development. (Proffered Condition 7) 6 03.SN0329-FEB25-BOS Financial Impact on Capital Facilities: Potential Number of New Dwelling Units · ' .5* 1.00 pOpulatiOn Increase ~ 2.00 i . · .2.72 Number Of N Elementary . . 1.20 ' ' .0.24 Middle 0.65 0.13 High'~ -0.85 ' 0.17 TOTAL' . 2.70 0.54 Net Cost for Schools 24,235 ' 4,847 Net Cost for Parks 3,465 ~ 693 Net Cost fOr Librarie's 1,875 ~ - ' 375 Net Cost. for Fire Stations ' 2,005 . 401 Average'Net Cost for Roads ' ' 20,545 . 4,109 NET COST . ~ ' 10,425 TOTAL. * Based on a proffered maximum density reduced by the Six (6):units allowable On the R_40 parce1 (Proffered C°nditi°n 5). The actual number of units devel°Ped and corresponding impact ma~ vary~ 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; :roads,park~si libraries and.fire' Stations at $10,425 per unit.' The applicant has been advised that a maximum proffer of $9;000 per.unit.would defray the cost of the capital facilities.necessitated :by this proposed development. The applicant has been further advised that a maximum proffer of $4,815'.iper unit woUld defray the cost of Capital facilities necessitated by development ofthe age;restrictedlportionofthe.ProposeddevelOpment, as it will not have an increased impact on school facilities~ It-'should be noted,-units designated as age, restricted shall be so identified at time oftentative subdivision approval~ Consistent with theiBoard o Supermsors Policy, and proffers accepted from other apphcants, the apphcant has offeredCash to assist in defraying the cost of this proposed zoning on Such capital facilities. (Proffered condition 7) Note that circumstances relevant to this case, as presentedby the applicant, have been reviewed and it has been determined that it is appropriate to accept the maximum cash prOffer in this case. 7 03SN0329-FEB25-BOS LAND USE Comprehensive Plan: Lies within the boundaries of the Northern Area Plan, which suggests the property is appropriate for medium density residential use at a density of 1.51 to 4.0 units per acre. Area Development Trends: Area properties are characterized by residential zoning and development in Wildwood Estates and Roxshire Subdivisions, as well as on larger lots west of the request-, site. Residential development is anticipated to confmue in the area, as sUggested by the Plan. CONCLUSIONS The proposed zoning and land use'conform to the Northern Area Plan, which suggests the property is appropriate for medium density reSidential use at a density of 1.51 to 4.0 units per acre. In addition, the proposed zoning and land use is representative of and compatible with existing area residential development. The proffered conditions address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries .and fire stations is identified in the ]~ublie Facilities Plan, the' Thoroughfare Plan and the Capital Improvement Program and the impact of this development 'is discussed herein. The proffered conditions adequately mitigate the impact on capital facilities, thereby insuring 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 (10/21/03): On their own motion, the Commission deferred this case to January 20, 2004. Staff (11/4/03): The'applicant was advised in writing that any significant new.or revised informationshould be submitted no later than November 17, 2003, for consideration at the Commission's January 20, 2004, public hearing. 8 03 SN0329FEB25-BOS Applicant (12/4/03): The application was amended. Applicant (12/8/03): A revised Textual Statement and amended proffered conditions were submitted. Applicant (1'/6/04 'and 1/12/04): A revised Textual Statement and amended proffered conditions were submitted. Planning Commission Meeting (1/20/04): The applicant accepted staff's recommendation but did not accept the Commission's recommendation. There was no opposition present. Mr. Gecker indicated he had correspondence from Roxshire opposing the request. He noted a commitment had been made to-not rezone R-40 properties in the area to allow smaller lots as was the case in a more recent request. He also noted the setback exceptions should not be granted. On motion of Mr. Gecker, seconded by Mr. Litton, the Commission recommended denial of this request. The Board of Supervisors, on Wednesday, February 25, 2004, begilming at 7:00 p.m., will take under consideration this request. 9 03 SN0329-FEB25-BOS Textual Starcraft Lot Size: No excoption ~ques~ Setbacks: * A t~n (10) f°°t exception to the forty (40) foot front }~u-d setback requirement. · No exception ts reques~ to the: fifteen (! 5)foot side yard setback r"~ui~emcm.