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05SN0230-June22.pdfMa;,' ! 7, 2005 CPC June 22, 2005 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 05SN0230 Douglas R. Sowers Matoaca Magisterial District Spring Run Elementary, Bailey Bridge Middle and Manchester High School Attendance Zones East line of North Spring Run Road REQUEST: Rezoning from Agricultural (A) to Residential (R-12). PROPOSED LAND USE: A single family residential subdivision with a minimum lot size of 12,000 square feet is planned. A maximum density of 2.2 dwelling units per acre is proposed, yielding approximately forty-five (45) lots. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5. AYES: MESSRS. LITTON, WILSON AND GECKER NAY: MESSRS. BASS AND GULLEY. STAFF RECOMMENDATION Recommend approval for the following reasons: mo The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for single family residential use of 2.2 units per acre or less. The proffered conditions adequately 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 Providing a FIRST CHOICE community through excellence in public service 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 mitigate the impact on capital facilities, thereby insuring 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 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 THE PLANNING COMMISSION.) PROFFERED CONDITIONS The Owners-Applicants in this zoning 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 development of the property known as Chesterfield County Tax ID 726-667-8796, 727-667-4736, 727-667-5892 and 727-667-2663 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-12 as set forth in the application filed herewith is granted. In the event the request is denied or approved with conditions not agreed to by the Owners- Applicants, these proffers and conditions shall be immediately null and void and of no further force or effect. (STAFF/CPC) 1. Utilities. Public water and wastewater systems shall be used. (U) (STAFF/CPC) 2. Impacts on Capital Facilities. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, for infrastructure improvements within the service district for the property: ao Prior to the issuance of a building permit for each dwelling unit, the applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield the following amounts for infrastructure improvement within the service district for the property: If payment is made prior to July 1, 2005, $11,500.00 per dwelling unit; ii. If payment is made after June 30, 2005, the amount approved by the Board of Supervisors not to exceed $11,500.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. 2 05SN0230-JUNE22-BOS (STAFF/CPC) o At the option of the Transportation Department exercised pursuant to Proffered Condition 3 below, and in lieu of the amounts set forth in Proffered Condition 2a above, the applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield prior to the time of issuance of a building permit for each dwelling unit, the following amounts for infrastructure improvements (excluding the road component) within the service district for the property: If payment is made prior to July 1, 2005, $7,120.00 per dwelling unit. At time of payment $7,120.00 will be allocated pro-rata among the facility costs as follows: $786.00 for parks and recreation, $402.00 for library facilities, $5,509.00 for schools, and $423.00 for fire stations; or ii. If payment is made after June 30, 2005, the amount approved by the Board of Supervisors not to exceed $7,120.00 per dwelling unit pro-rated as set forth in Proffered Condition 2bi above and adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. (T) Co At the option of the Transportation Department the cash proffer payment may be reduced for road improvements by an amount not to exceed the amount that would be paid in cash proffers for the road component as identified in Proffered Condition 3 below, exclusive of those road improvements identified in Proffered Condition 4 performed by the applicant, subdivider, or assignee(s), as determined by the Transportation Department. do In the event the cash payment is not used for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. Should any impact fees be imposed by the County of Chesterfield 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 be in addition to, any impact fees, in a manner determined by the County. (B&M) Transportation Contribution. At the option of the Transportation Department, the applicant, his successor(s), or assignee(s) (the 3 05SN0230-JUNE22-BOS "Applicant") shall comply with the obligations of Proffered Condition 2b and, also shall pay to the County of Chesterfield, prior to recordation of each subdivision section the amount of the number of lots to be recorded for such section multiplied by $4,380. The payment shall be used for road improvements within Traffic Shed of which the Property is a part or for road improvements that provide relief to that Traffic Shed, as determined by the Transportation Department. If, upon the mutual agreement of the Transportation Department and the Applicant, the Applicant provides road improvements (the "Improvements"), other than those road improvements identified in Proffered Condition 4 to Spring Run Road, then the cash proffer payment(s) for the road component as set forth in Proffered Condition 3 shall be reduced so long as the cost to construct the Improvements is of equal or greater value than that which would have been collected through the payment(s) of the road component of the cash proffer. Once the sum total amount of the cash proffer credit exceeds the cost of the Improvements, as determined by the Transportation Department, thereafter the Applicant shall commence paying the cash proffer as determined by Chesterfield County's Budget and Management Department. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of right- of-way acquisition, engineering costs, costs of relocating utilities and actual costs of construction (including labor, materials, and overhead) ("Work"). Before any Work is performed, the Applicant shall receive prior written approval by the Transportation Department for any credit amount. (T) (STAFF/CPC) 4. Transportation. In conjunction with the recordation of the initial subdivision plat or within sixty (60) days of a written request by the County, whichever occurs first, forty-five (45) feet of right-of-way on the east side of Spring Run Road, measured from the centerline of that part of Spring Run Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access from the Property to Spring Run Road shall be limited to one (1) public road. The exact location of this public road shall be approved by the Transportation Department. 4 05SN0230-JUNE22-BOS Co In conjunction with development of the initial section, the developer shall be responsible for the following improvements: Construction of additional pavement along Spring Run Road at the public road intersection to provide left and right turn lanes; ii. Widening/improving the east side of Spring Run Road to an eleven (11) foot wide travel lane, measured from the centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire property frontage; and, 111. Dedication, free and unrestricted, to and for the benefit of Chesterfield County, of any additional right-of-way (or easements) required for these improvements. (T) (STAFF/CPC) Home Size. All dwelling units shall have a minimum gross floor area of 2,300 square feet. (P) (STAFF/CPC) Density. There shall be no more than two and two-tenths (2.2) units per acre developed on the Property. (P) (STAFF/CPC) 7. Phasing. No lots shall be recorded prior to January 1, 2007. (P) (STAFF/CPC) o 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 a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) (STAFF/CPC) 9. Access. No lots shall have Ratling Drive as their sole access. (P) GENERAL INFORMATION Location: East line of North Spring Run Road, south of Buck Rub Drive. Tax IDs 726-667-8796 and 9968; and 727-667-2663, 4736 and 5892 (Sheet 15). 5 05SN0230-JUNE22-BOS Existing Zoning: A Size: 20.5 acres Existing Land Use: Single family residential and vacant Adjacent Zoning and Land Use: North, South and East- R-12; Single family residential West - A; Single family residential or vacant UTILITIES Public Water System: A twenty-four (24) inch public water line extends along the east side of North Spring Run Road within an easement on this site. In addition, an eight (8) inch water line extends along Railing Drive in Antler Ridge Subdivision and terminates adjacent to the northern boundary of the request site. The use of the public water system is recommended by the Upper Swift Creek Plan and has been proffered (Proffered Condition 1). Per Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply points should be provided for subdivisions containing more than twenty-five (25) lots. Public Wastewater System: There is an eight (8) inch wastewater collector line in Spotted Coat Lane and Ratling Drive, Antler Ridge Subdivision Section 3, approximately 100 feet from the northern boundary of this site. The use of the public wastewater system is recommended by the Upper Swift Creek Plan and has been proffered. (Proffered Condition 1) ENVIRONMENTAL Drainage and Erosion: The property drains in two (2) directions, through Antler Ridge and Triple Crown Subdivisions and then via storm sewer and natural streams to Swift Creek. There are currently no on- or off-site drainage or erosion problems with none anticipated after development. The property is heavily wooded and should not be timbered without first obtaining a land-disturbance permit. This will insure that adequate erosion control measures are in place prior to any timbering. (Proffered Condition 8) 6 05SN0230-JUNE22-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 fire and emergency medical service (EMS) calls are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the six (6) new stations, the Plan also recommends the expansion of five (5) existing stations. Based on forty-five (45) dwelling units, this request will generate approximately five (5) calls for fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 2) The Clover Hill Fire Station, Company Number 7, currently provides fire protection and emergency medical service. 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. Schools: Approximately twenty-three (23) students will be generated by this development. Currently, this site lies in the Spring Run Elementary School attendance zone: capacity - 943, enrollment - 1,279; Bailey Bridge Middle School attendance zone: capacity - 1,562, enrollment - 1,556; and Manchester High School attendance zone: capacity - 1,941, enrollment - 2,483. The enrollment is based on September 30, 2004 and the capacity is as of 2004-2005. This request will have an impact on elementary and high schools. There are currently eight (8) trailers at Spring Run Elementary and seventeen (17) trailers at Manchester High. A new high school is under construction and scheduled to open in 2006 that will provide relief for Clover Hill High and Manchester High Schools. In May of 2004, the School Board approved a redistricting proposal that moved a portion of Bailey Bridge Middle to Matoaca Middle. However, this development along with continued growth in the area will push this school over capacity again. The applicant has agreed to participate in the cost of providing for area school needs. (Proffered Condition 2) 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 identified a need for additional library space throughout the County. Even if the facility improvements that have been made since the Plan was published are taken 7 05SN0230-JUNE22-BOS into account, there is still an unmet need for additional library space throughout the County. Development of the property noted in this case would most likely affect the existing Clover Hill Library or a proposed new facility in the vicinity of Beach and Winterpock Roads. The Plan indicates a need for additional library space in this area by 2015. The applicant has agreed to participate in the cost of providing for area library needs. (Proffered Condition 2) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7) community parks, twenty-nine (29) neighborhood parks and five (5) community centers by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special purpose parks to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan also identifies shortfalls in trails and recreational historic sites. The applicant has offered measures to assist in addressing the impact of this development on these Parks and Recreation facilities. (Proffered Condition 2). Transportation: The property (20.5 acres) is currently zoned Agricultural (A), and is located just north of the Spring Run Road/Triple Crown Drive intersection. The applicant is requesting rezoning from Agricultural (A) to Residential (R-12) and has proffered a maximum density of 2.2 lots per acre (Proffered Condition 6). Based on single-family trip rates, development could generate approximately 500 average daily trips. These vehicles will initially be distributed along streets within the Antler Ridge Subdivision and Spring Run Road, which had a 2005 traffic count of 7,083 vehicles per day. Based on the current volume of traffic it carries during peak hours, Spring Run Road is at capacity (Level of Service E). The Thoroughfare Plan identifies Spring Run Road as a major 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 on the east side of Spring Run Road, measured from the centerline, in accordance with that Plan. (Proffered Condition 4.a) Access to major arterials, such as Spring Run Road, should be controlled. The applicant has proffered that direct access from the property to Spring Run Road will be limited to one (1) public road. (Proffered Condition 4.b) When the Antler Ridge Subdivision was developed, a stub road right of way (Ratling Drive) was provided to the property. Ratling Drive connects to Buck Rub Drive, which provides access to Spring Run Road. Buck Rub Drive had a 2005 traffic count of 1,292 vehicles per day near its intersection with Spring Run Road. This section of Buck Rub Drive, between Spring Run Road and Deer Run Drive, was constructed as a no-lot frontage road. 8 05SN0230-JUNE22-BOS The traffic impact of this development must be addressed. The applicant has proffered to: 1) construct additional pavement along Spring Run Road at the public road intersection to provide right and left turn lanes; 2) reconstruct Spring Run Road for the entire property frontage to provide an eleven (11) foot wide travel lane, a one (1) foot paved shoulder and a seven (7) foot unpaved shoulder; 3) overlay the full width of the road for the entire property frontage; and 4) dedicate any additional right of way required for these improvements. (Proffered Condition 4.c) Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. Traffic generated by this development will travel along Spring Run Road. Sections of Spring Run Road have little or no shoulders, fixed objects adjacent to the edge of pavement, and poor vertical and horizontal alignments. 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 2a). The applicant has also proffered that, at the option of the Transportation Department and in lieu of the cash proffer payment described in Proffered Condition 2a, lump sum contributions will be provided for area road improvements (Proffered Condition 3). The Transportation Department plans to exercise this payment option. Proffered Condition 3 requires the applicant to pay, prior to recordation of each subdivision section, the amount of the road component of the cash proffer (currently $4,380) multiplied by the total number of lots or dwelling units shown on each approved final check plat. Proffered Condition 3 would also allow, upon mutual agreement of the Transportation Department and the applicant, the applicant to provide road improvements equal to the cost of such payment(s). This option will be considered at time of tentative subdivision plat review. Cash proffers alone will not cover the cost of the road improvements needed in this area. Currently included in the Six-Year Improvement Plan is a project that involves reconstructing two substandard curves on Spring Run Road between McEnnally Road and Bailey Bridge Road. Preliminary plans have been developed but the project has been placed on hold due to reduced VDOT funding. At time of tentative subdivision review, specific recommendations will be provided regarding connectivity and the proposed internal street network, which should be designed to preclude traffic from using the neighborhood as a "cut-through" from Spring Run Road to Buck Rub Drive. 9 05SN0230-JUNE22-BOS Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 45' 1.00 Population Increase 122.40 2.72 Number of New Students Elementary 10.17 0.23 Middle 5.67 0.13 High 7.20 0.16 TOTAL 23.04 0.51 Net Cost for Schools $248,940 $5,532 Net Cost for Parks 35,505 789 Net Cost for Libraries 18,180 404 Net Cost for Fire Stations 19,125 425 Average Net Cost for Roads 197,955 4,399 TOTAL NET COST $519,705 $11,549 *Based on a proffered maximum number 2.2 lots (Proffered Condition 6). The actual number of lots and corresponding impact may 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, parks, libraries and fire stations at $11,549 per unit. The applicant has been advised that a maximum proffer of $11,500 per unit would defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' Policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities. In addition to addressing the impact on schools, parks, libraries and fire stations, the proffered conditions provide the County with options for addressing the impact of this development on road facilities. The proffered conditions address the transportation impact in accordance with any of the following scenarios: 1) payments shall be made on a per dwelling unit basis prior to the release of building permits, 2) lump-sum payments shall be made prior to recordation of subdivision plans, and 3) road improvements shall be made in lieu of the road cash proffer payment or in conjunction with a reduced road cash proffer payment. 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 proffered conditions as offered in this case. 10 05SN0230-JUNE22-BOS LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for single family residential use of 2.2 units per acre or less for property that drains away from the Swift Creek Reservoir. An amendment to the Upper Swift Creek Plan is pending. Area Development Trends: Properties to the north, south and east are zoned Residential (R-12) and are developed as part of the Antler Ridge and Triple Crown Subdivisions. Properties to the west are zoned Agricultural (A) and are occupied by single family residences on large acreage parcels or are currently vacant. It is anticipated that residential development within this portion of the North Spring Run Road corridor will continue at densities recommended by the Plan. Density: A density of 2.2 dwelling units per acre has been proffered, yielding approximately forty- five (45) units. (Proffered Condition 6) Dwelling Size: To address concerns of area property owners, proffered conditions address minimum house size. (Proffered Condition 5) Phasing: In response to concerns of the Matoaca District Commissioner, proffered conditions address the phasing of the development (Proffered Condition 7). This proffer prohibits the recordation of any lots prior to January 1, 2007. Access to Ratling Drive: Ratling Drive, which serves Antler Ridge Subdivision, is recorded to the northern limits of the subject property. Should this right of way be extended to provide sole access to a portion of the proposed development, lot size and density compatibility with lots in this portion of Antler Ridge Subdivision would need to be addressed. The applicant has proffered that no lots within the proposed development will have their sole access from Ratling Drive thereby eliminating the need to address this compatibility issue. (Proffered Condition 9) CONCLUSIONS The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for single family residential use of 2.2 units per acre or less. 11 05SN0230-JUNE22-BOS The proffered conditions adequately address the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for transportation, schools, parks, libraries and fire stations is identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement Program and the impact of this development is discussed herein. The proffered conditions fully mitigate the impact on capital facilities, thereby ensuring 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. CASE HISTORY Applicant (5/13/05): Revised proffered conditions were submitted. Planning Commission Meeting (5/17/05): The applicant accepted the recommendation. There was opposition present indicating concern of increased traffic in the area and the connection to Ratling Drive. Mr. Bass made a motion to deny the case. His motion was seconded by Mr. Gulley. A vote on the motion was as follows: AYES: Messrs. Bass and Gulley NAYS: Messrs. Litton, Wilson and Gecker Therefore, the motion failed. On motion of Mr. Gecker, seconded by Mr. Wilson, the Commission recommended approval and acceptance of the proffered conditions on pages 2 through 5. AYES: Messrs. Litton, Wilson and Gecker NAYS: Messrs. Bass and Gulley The Board of Supervisors, on Wednesday, June 22, 2005, beginning at 7:00 p.m., will take under consideration this request. 12 05SN0230-JUNE22-BOS