95SN0161November 22, 1994 BS
REQUEST ANALYSIS
AND
RECO~NDATION
95SN0161
C & R Realty, L.P, and Gray Loblolly Co., L.P.
Matoaca Magisterial District
South line of Ivy Mill Road
REOUEST:
Rezoning from Agricultural (A) to Residential (R-88) of 2,170 acres with
Conditional Use on fifteen (15) acres of this property to permit private
recreational facilities.
PROPOSED LAND USE:
A single family residential subdivision and cbmmunity recreational facilities is
planned. In addition, the applicant is proposing to dedicate and to reserve for
purchase by, Chesterfield County a total of 400 acres for public facility use.
PLANNING COMMISSION RECOMMENDATION
RECOM/VIEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 3 AND
ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 3 THROUGH 8.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
mo
The proposed zoning and land uses do not conform to the Southern and Western
Area Plan., which designates the request property and surrounding area for rural
conservation area uses until such time that adequate provisions are made for
public facilities, to ensure orderly area development and cost effective extensions
of utilities.
The Plan notes that the request property and surrounding area would be
appropriate for residential use of 1.01 to 2.5 units per acre only if provision is
made for public water and wastewater, road improvements and other public
facilities. At present, public water is in excess of a mile from the property and
public wastewater is not available. As noted in the Utilities section of this
"Request Analysis and Recommendation," extension of public water to the
property in a manner that ensures water quality meeting State and Federal
regulations may be difficult and could be costly for County taxpayers to provide.
Further, public wastewater will not be available for the foreseeable future. In
addition, as noted in the Fire Service and Schools sections, any subdivision
developed on the request property would be located in a relatively isolated and
lightly populated area, which makes provision of adequate services difficult and
costly. Addressing the service needs of furore residents could require the
spending of limited County resources on facilities that would be under-utilized.
Given these considerations, the applicant's proposal violates the stated goal of the
plan, which is to insure that development occurs in an orderly manner with
adequate and cost effective public facilities.
The applicant has failed to address the utilities, schools, and other capital
facilities impacts as outlined herein.
However should the Planning Commission and Board of Supervisors wish to approve this
request, imposition of the following conditions and acceptance of the proffered conditions
would be appropriate.
(NOTES: A.
THE ONLY CONDITION THAT MAY BE IMPOSED ON THE
RF_~IDENTIAL PORTION OF THIS REQUEST IS A BUFFER
CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER
CONDITIONS ON THE RESIDENTIAL PORTION OF THIS
REQUEST. CONDITIONS MAY BE IMPOSED ON THE FIFTEEN
(15) ACRES OF RESIDENTIAL ZONING WITH CONDITIONAL USE,
OR THE'PROPERTY OWNER(S) MAY PROFFER OTHER
CONDITIONS.
THE APPLICANT'S PROFFERED CONDITIONS STATE THAT THE
PROFFERED CONDITIONS WILL BE NULL AND VOID IF
CONDITIONS ARE IMPOSED WHICH ARE NOT AGREED TO BY
THE APPLICANT. THEREFORE, SHOULD THE COMMISSION
AND BOARD WISH TO APPROVE THIS REQUEST SUBJECT TO
CONDITIONS, THE COMMISSION AND BOARD MUST RECEIVE
THE APPLICANT'S AGREEMENT TO THE CONDITIONS FOR THE
PROFFERED CONDITIONS TO REMAIN IN EFFECT.
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.)
2
95 SN0161/WP/NOV22J
CONDITIONS - ENTIRE PROPERTY
(STAFF/CPC) 1.
A 100 foot buffer shall be maintained between any residential lot
and any playfields, courts or similar active recreational uses to
include, but not necessarily be limited to, swimming pools and
boat marina areas. This buffer shall conform to the requirements
of Sections 21.1-227 through 21.1-288 of the Zoning Ordinance.
(P)
(STAFF/CPC) 2.
A buffer shall be provided between any golf course playing area
and public fight of way. This buffer shall not be subject to the
requirements of Sections 21.1-227 through 21.1-228 of the Zoning
Ordinance. This buffer shall be designed to minimize the
possibility of balls in play from entering the public right of way.
The design shall preclude the use of physical barriers along the
public fights of way other than decorative fencing or walls,
topography and/or landscaping. A plan for achieving this
requirement shall be submitted for approval in conjunction with
site plan review for any golf course. (P)
CONDITION - FIFTEEN (15) ACRE CONDITIONAL USE AREA FOR PRIVATE
RECREATIONAL FACILITIES
(STAFF/CPC)
Outdoor public speaker or address systems shall not be used between the
hours of 10:00 p.m. and 8:00 a.m., Sunday through Thursday and 11:00
p.m. and 8:00 a.m., Friday and Saturday. (P)
PROFFERED CONDITIONS
Having had preliminary discussions with most of the County departments concerning this
Application, the Applicants in this rezoning case, pursuant to Section 15.1-491.2:1 of the Code
of Virginia (1950 as amended) for themselves and their successors in interest and/or assigns
(excluding the County of Chesterfield) proffer that the development of the property under
consideration will be developed according to the following proffers and conditions if, and only
if, the rezoning request and Conditional Use is granted. In the event the Rezoning and
Conditional Use is denied or approved with conditions not approved by the Applicants, the
proffers and conditions shall immediately be null and void and of no further force or effect.
(STAFF/CPC) 1.
The maximum density of this development shall be 535 single
family residential lots.
(STAFF/CPC) 2.
At the time of recordation of the first subdivision plat, thirty-five
(35) feet of fight of way on the south side of Ivey Mill Road,
measured from the center line of that part of Ivey Mill Road
3 95SN0161/WP/NOV22I
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
immediately adjacent to the property, shall be dedicated free and
unrestricted, to and for the benefit of the County of Chesterfield
("the County").
No individual residential unit shall have direct access to Ivey Mill
Road.
Additional pavement shall be constructed along Ivey Mill Road at
each approved access to provide left and right turn lanes. Any
additional right-of-way (or easements) required for these
improvements shall be dedicated free and unrestricted, to and for
the benefit of the County.
Prior to any final check plat approval, the following improvements
shall be completed or committed as determined by the
Transportation Department.
Ao
Construction of a five (5) foot wide shoulder on each side
of Ivey Mill Road from its easternmost intersection with
River Road west along its existing paved section (total
distance approximately 0.9 mile).
Bo
Improvement of Ivey Mill Road to an eighteen (18) foot
wide paved road, five (5) foot shoulders and six (6) foot
wide ditch sections from its existing paved section west to
the northernmost property line.
Co
Dedication to and for the benefit of the County, free and
unrestricted, any additional right-of-way (or easement)
required for the improvements identified above.
Prior to final check plat approval of more than 236 residential
units, the following improvements shall be completed or committed
as determined by the Transportation Department.
Widening of Ivey Mill Road to a twenty (20) foot wide
paved road from its easternmost intersection with River
Road to the northernmost property line.
Dedication to and for the benefit of the County, free and
unrestricted, any additional right-of-way (or easement)
required for the improvement identified above.
4
95 SN0161/WP/NOV22J
(STAFF/CPC)
For the first 236 lots, the Applicants shall pay the following to the
County prior to the time of building permit application for
infrastructure improvements within the service district for the
property:
he
$5,083 per lot, if paid on or prior to June 30, 1995. If,
however, within 150 days of the date of Rezoning, the
Applicants elect to dedicate for use as a golf course site the
190 acre parcel designated in red on the Conceptual Plan,
fried with the application as golf course site and the County
accepts such dedication within 180 days of the date of
rezoning, then the Applicants shall pay for the aforesaid
infrastructure improvements within the service district, the
sum of $2,500 per lot, of which 85% shall be designated
for road improvements if paid on or before June 30, 1995;
or
(STAFF/CPC)
o
The amount approved by the Board of Supervisors not to
exceed whichever of the two methods of payment set forth
above selected by the Applicants adjusted upward by any
increase in the Marshall and Swift Building Cost Index
between July 1, 1994 arid July of the fiscal year in which
the payment is made if paid after June 30, 1995.
For every lot over the 236 lots reference above, the Applicants
shall pay the following to the County prior to the time of building
permit application for infrastructure improvements within the
service district for the property:
he
$5,000 per lot if the Applicants elect to dedicate to the
County for use as a golf course the designated 190 acre
golf course site and the County accepts such dedication as
set forth in Paragraph No. 7 above. If Applicants do not
elect to dedicate the 190 acres or the County does not
accept such dedication as set forth in Paragraph No. 7
above, then the Applicants shall pay $5,083 per lot, if paid
on or prior to June 30, 1995; or
The amount approved by the Board of Supervisors not to
exceed whichever of the two methods of payment as set
forth above adjusted by any increase in the Marshall and
Swift Building Cost Index between July 1, 1994, and luly
1, of the fiscal year in which the payment is made if paid
after June 30, 1995.
5 95SN0161/WP/NOV22J
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
10.
11.
12.
13.
Two Hundred Ten (210) acres shall be reserved for purchase by
the County for public facilities as generally shown on the
Conceptual Plan. The purchase price shall be Five Hundred
Thousand and no/100 Dollars ($500,000.00) or the Fair Market
Value of the 210 acres, at the time of conveyance, whichever
amount is the lesser. The reservation, including settlement of said
purchase, shall be for a period of one hundred fifty (150) days
from the date Rezoning occurs. The 210 acres shall be Parcels A,
B and C, as designated on the Conceptual Plan.
Upon request by the County, a minimum twenty (20) foot wide
easement shall be granted within the development to accomm~te
pedestrian and bicycle circulation. The exact location and number
of easements shall be approved by the Department of Parks and
Recreation at the time of the first tentative subdivision or at the
time the easements are requested, whichever occurs first.
Prior to the release of more than 180 building permits, the
Applicants shall be responsible for extending public water to Area
A as designated on the Conceptual Plan.
Upon request by the County, but no sooner than 150 days after
rezoning, the Applicants shall dedicate to and for the benefit of the
County of Chesterfield, free and unrestricted, the right-of-way for
the road as generally shown on the Conceptual Plan as the
Recreational Access Road. The exact location and width of right-
of-way for the Recreational Access Road shall be approved by the
County Transportation Department but shall not exceed seventy
(70) feet in width plus any additional easements necessary to
construct the road. Bonding for the cost to construct this
Recreational Access Road shall be provided to the County in
conjunction with recordation of any subdivision section that
includes access to this road, or as required by Proffered Condition
13, whichever occurs first.
In the event that the County constructs part of the Recreational
Access Road and the cost for the construction totals at least
$350,000, the Applicants shall in conjunction with that
construction construct the remaining length of the Recreational
Access Road. Upon request by the County, the applicants shall
provide a bond or other sureties to the County for their costs of
such construction.
95SN0161/WP/NOV22J
(STAFF/CPC)
14.
In the event that the County does not construct the Recreational
Access Road, then in that event, the Applicants shall construct and
complete said Recreational Access Road to VDOT standards prior
to the release of the 237th building permit. Said construction shall
extend said road from the southern line of Ivey Mill Road
southwardly to the easternmost boundary of Area A as shown on
said Conceptual Plan. In the interim, Applicants shall grant the
County easement of access to the Golf Course Property and Area
A over, upon and across roads currently in existence throughout
the project, which easements shall expire upon the construction of
said Recreational Access Road.
(STAFF/CPC)
15.
Applicants will pay $150 per month for the water used in the
flushing of the water line which will be extended from
Saddlebrook Road into the proposed development, said flushing
being necessary to maintain and preserve the quality of water
supply within the development. These payments shall begin upon
the approval of the first final subdivision check plat and continue
until the 100th building permit in the development has been issued
or until the County advises Applicants that said payments are no
longer required, whichever event shall first occur. Applicants
shall have the right, subject to review by the County Utility
Department, to recapture and use the flushed water within the
development in a manner in keeping with health, safety and
welfare standards established by the County.
(STAFF/CPC)
16.
With the exception of timbering to remove dead or diseased trees
which has been approved by the Virginia Department of Forestry,
there shall be no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department and the
approved devices installed.
(STAFF/CPC)
17.
All runoff from golf course fairways, tees and greens and practice
tees shall drain through a BMP.
(STAFF/CPC)
18.
In conjunction with submission of a site plan for ~.y golf course,
a fertilization plan in keeping with normal tuff management for
golf courses shall be submitted to the Chesterfield Extension Agent
for approval. Such plan shall provide for the minimum
fertilization necessary to achieve accepted turf maintenance and
management. Failure of the Extension Agent to approve or
disapprove the plan within 60 days from its submittal shall be
deemed approval of the plan.
7 95SN0161/WP/NOV22J
(STAFF/CPC) 19.
(STAFF/CPC) 20.
(STAFF/CPC) 21.
(STAFF/CPC) 22.
(STAFF/CPC) 23.
Runoff from any stable area or rider's ring shall drain through a
BMP.
If approved by VDOT, subdivision road shoulders within the Golf
Course Property shall be eighteen (18) inches wider than VDOT
standards.
Any single family dwelling unit on a lot adjacent to Lake Chesdin
(Appomattox River Water Authority property) shall have a
minimum of 2,800 gross square feet. All other single family
dwelling units shall have a minimum of 1,900 gross square feet.
The Applicants shall not seek relief of the mandatory use of the
public water system.
If the use of septic tank and drainfield systems is approved for the
Applicants, there shall be no mass drainfields permitted.
GENERAL INFORMATION
Location:
South line of Ivey Mill Road, south of River Road. Tax Map 157(1) Parcel 1; Tax Map
169(1) Parcel 1; and Tax Map 170(1) Part of Parcel 7 (Sheets 46 and 47).
Existing Zoning:
A
Size:
2,170 acres
Existing Land Use:
Vacant
Adjacent Zoning & Land Use:
North - A; Single family residential or vacant
South - A; Lake Chesdin
East - A; Single family residential or vacant
West - A; Lake Chesdin
95 SN0161/W-P/NOV22J
PUBLIC FACILITIES
Utilities:
Public Water System
The public water system is not available to the request site. The closest existing water
line is a sixteen (16) inch line located at Pypers Point Drive (entrance to 'Pypers Point"
Subdivision) approximately 10,000 feet east of the request site. The use of the public
water system is required by County Code under Section 20-43 as the request site is
located within the boundaries of the Southern and Western Area Plan. The applicant has
agreed not to seek relief of this requirement. (Proffered Condition 22)
Because of the distance between the existing water line and the proposed development,
the anticipated demands on a line extended to the development will be insufficient to
"turn over" the water in the pipe within a reasonable time frame in order to maintain
water quality meeting State and Federal requirements. In the absence of an orderly
progression of development and extension of public water along River Road and Ivey
Mill Road over time, the only acceptable method available to maintain water quality in
a long extension would be to install a flushing station on the line before it enters the
development. The flushing station would serve to increase the demand through the line
by discharging treated water onto the ground. The station would be metered so that the
amount of treated water lost at that location could be accounted for. The Utilities
Department currently maintains twelve (12) flushing stations throughout the County's
water system. While most are located at the end of distribution lines, several are located
within a line where two (2) pressure zones meet causing a "dead zone" with very little
movement of water. Samples are taken weeldy and checked for chlorine residual.
Flushing is continuous, and the discharge rate of each station is adjusted as needed to
maintain the desired chlorine residual.
The Utilities Department's line flushing program was established to comply with the
Clean Water Act, and the direct costs must be passed on to our customers. Specifically,
the twelve (12) existing flushing stations are located on water lines that were already in
service when the Clean Water Act was enacted and were constructed with no anticipation
that flushing would be required. Therefore, the costs of flushing these lines cannot be
passed on to individuals who developed in areas served by these lines.
The opposite is true with this proposed development. Unlike the previously mentioned
flushing operations, this request is the first instance in which the requirement to flush a
waterline extension is anticipated as a direct result of developing property. Because the
proposed development will generate the need to flush the line, the applicant is being
asked to reimburse the County for line flushing costs associated with the development.
The amount of water lost from the system due to line flushing for the proposed
development during the initial phases of construction has been estimated at approximately
9 95SLX10161/WP/NOV2ZI
37,960,000 gallons per year. Based upon the rate charged by the Appomattox River
Water Authority, the cost of this lost water has been estimated at approximately $18,000
per year, which would far exceed the revenue gained from the customers served during
the initial phases of the proposed development. Staff feels that the owner/developer
should bear the cost of this lost water since this development falls outside the planned
service area reflected in the Southern and Western Area Plan. This payment should
continue until such time as the daily water demands of the development and any adjacent
development which may subsequently occur are sufficient to muse turnover in the pipe
within a reasonable time frame, thereby maintaining water quality at an acceptable level.
Staff has discussed this matter with the developer, and the developer has included a
proffered condition agreeing to pay $150 per month ($1800 per year) for line flushing
until one. hundred (100) homes have been constructed (Proffered Condition 15). While
Staff appreciates the developers' intention, this proffer provides payment for only three
(3) days of line flushing per month although flushing will occur daily. In addition, staff
feels that the daily demands of 100 homes may not be sufficient to maintain the desired
water quality. Unless the Developer assumes more of a responsibility for payment for
the flushing of water, the cost will be borne by the County's existing water customers.
Staff is willing to work with the Developer to reach a compromise, but at this point we
are not close to an agreement.
Public Wastewater System
The public wastewater system is not available to the request site. The County's adopted
Water and Wastewater Facilities Plan, which serves as a guide to extensions of the public
systems to the year 2015, does not project the extension of the public wastewater system
into this area. The County's adopted Comprehensive Plan (which includes the Southern
and Western Area Plan) and the .Water and Wastewater Facilities Plan both recommend
and project extensions of the public water and wastewater system to occur only as growth
progresses outward in an orderly manner from existing service areas (i.e., those
documents do not support "leapfrog" development). Connection of the proposed
development to the public wastewater system would require extensive construction of new
trunk lines, pumping stations and force mains through areas now only sparsely
developed. In addition, substantial upgrading of existing wastewater facilities all the way
to the Proctors Creek Wastewater Treatment Plant would be required. Preliminary
estimates project costs into the tens of millions of dollars.
The use of the public wastewater system is required by County Code under Section
20.63.1 as the request site is located within those boundaries of the Southern and
Western Area Plan where public sewer is required. However, under the provisions of
Section 20-63.1, paragraph b, the Planning Commission may, through tentative
subdivision review, grant relief from the mandatory connection requirement if it
determines that:
10
95SN0161/WP/NOV22J
the use of a septic system will not adversely affect the ability to extend public
sewer to other area properties;
the use of a septic system will not encourage future area development that is
inconsistent with the adopted Comprehensive Plan; and
the use of a septic system is not reasonably likely to adversely affect the public
health, safety or welfare in the future.
In granting such relief the Commission may impose conditions to mitigate the impacts
of the exception. At the time of first tentative subdivision review, staff will submit
comments and recommendations relative to the above criteria. Staff will consider,
among other issues, concerns over protection of the Lake Chesdin Reservoir and the
potential financial burden that may be borne by existing and future wastewater system
customers should connection of the proposed development to the public system ever be
necessary, due to failing septic systems.
Private Septic Tank and Drainfield Systems
County water and wastewater are required for this project by the Southern and Western
Area Plan. If an exception to the requirement that County wastewater be used is granted,
the applicant's soil scientist must locate drainfield sites and reserve drainfield sites on
each lot, and such sites must be approved by the Health Department. Further, as
discussed herein, if the Southern and Western Area Plan is amended to include this land
area within the boundaries of that area designated appropriate for development of one (1)
to five (5) acre lots, the County Ordinance would permit use of individual septic tank and
drainfield systems with approval by the Health Department. Chesterfield County
Ordinance requires that no drainfield be installed within 100 feet of Lake Chesdin which
is a public water supply. In order to protect Lake Chesdin, no drainfield easement will
be approved. The applicant has proffered that there will be no mass drainfields (Proffered
Condition 23). All other County and State Ordinances and regulations apply. Also, as
noted above, if the Southern and Westem Area Plan is amended, the County Ordinance
would permit use of individual septic tank and drainfield systems with approval of the
Health Department.
Environmental:
Drainage and Erosion
Property drains directly into Lake Chesdin. No existing on- or off-site drainage or
erosion problems. No anticipated drainage or erosion problems if land disturbance of
steep slopes is minimized.
11 95SN0161/WP/NOV2ZI
Lake Chesdin, Nooning Creek and Cattle Run are designated as perennial streams. A
100 foot conservation area in accordance with Chesapeake Bay Act requirements must
be maintained adjacent to these streams.
The applicant has proffered drainage and water quality standards, to address concerns
relative to the impact that development on the request property will have on Lake
Chesdin (Proffered Conditions 16 through 20). It should be noted that due to the
language of the proffers, these requirements will not apply to any development
undertaken by the County on this property.
Fire Service:
Phillips Fire Station, Company #13. County water flows and fire hydrants must be
provided for fire protection purposes in compliance with national recognized standards
(i.e., National Fire Protection Association and Insurance Services Office).
The proposed development is in an area characterized by a low number of residences.
Consequently fire/rescue service to this area is outside the desired six (6) minutes or less
response time that the Fire Department attempts to achieve in areas with heavier density.
It presently takes the closest fire apparatus over six (6) minutes to respond to the vicinity
of the proposed entrance to this development. The closest ambulance is over eleven (11)
miles away and would average a response time of approximately thirteen (13) minutes
to the entrance.
Based on the statistical average for the County, upon build out of 535 lots, 108
ftre/rescue calls would be generated each year by this development. These calls for
assistance would receive a response time beyond the desired six (6) minute response.
Any subdivision developed on the request property should be phased to conform to the
Subdivision Ordinance relative to the number of lots permitted on a single access.
Specifically, no more than fifty-nine (59) lots should be recorded and no more than fifty
(50) building permits should be issued until such time that a second public road access
is provided, to ensure emergency vehicle access should one (1) of the roads become
blocked. The Fire Department does not intend to agree to any relief to this portion of
the Ordinance.
Due to the physical location of the property, there is no foreseeable need for a fire/rescue
station site within this development. Specifically, its isolation from any existing major
roads, as well as projected roads, renders it unsuitable as a site location. It would,
therefore, not be the intent of the Fire Department to utilize any of the land which the
applicant proposes to reserve for purchase for public facilities. (Proffered Condition 9)
12
95SN0161/W'P/NOV2ZI
Fiscal Impacts:
Financial Impact on Capital Facilities:
PER UNIT
Dwelling Units I 535 1.00
Potential
New
Population Increase I 1498 I 2.8
Number New Students
Elementary 156.76 0.29
Middle 71.16 0.13
High 82.39 0.15
Total 310.3 0.58
Net Cost for Schools 1,198,935 2,241
Net Cost for Parks 225,770 422
Net Cost for Libraries 77,040 144
Net Cost for Fire Stations 110,210 206
Average Net Cost for Roads 1,146,505 2,143
Total Net Cost 2,758,460 5,156
The applicant has offered cash proffers under
identified as Scenario I and Scenario ff.
Scenario I:
two Scenarios.
The two scenarios will be
Scenario I assumes that no land dedication of 190 acres occurs. If no land dedication occurs,
the applicant has offered the full cash proffer of $5,083 per lot for all 535 lots. Under this
Scenario, the cash proffer is consistent with the Board's adopted cash proffer policy and is also
consistent with cash proffers accepted from other applicants.
Scenario H:
Under this scenario, the applicant has indicated that he may dedicate 190 acres of land for a golf
course site. If this dedication occurs and the County accepts the dedication, the applicant has
offered $2,500 per lot (85 % of which is designated for road improvements) for the first 236 lots.
13 95 Slq0161/WP/NOV22J
With respect to roads, the offer of $2,500 on the first 236 lots designates 85% or $2,125 for
road improvements. This offer does address the fiscal impact of this development on road
infrastructure.
With respect to Parks and Recreation, if the land dedication occurs and the County accepts the
dedication, the applicant has also addressed the impact of this development on park facilities.
With respect to Fire, School, and Library facilities, this offer does not address the impact of this
development on these facilities. Consistent with the Board's cash proffer policy, a proffer of
$2,543 would assist in defraying the cost of these capital facilities necessitated by this
development. However, under this scenario, the applicant has offered $375 to be allocated
among ail three of these facilities. This offer of $375 does not address the fiscal impact of this
development on these facilities, is not consistent with the Board's adopted cash proffer policy,
and is not consistent with cash proffers accepted from other applicants.
For every lot over 236 (maximum of 535 lots proffered by applicant), the applicant has offered
$5,000 per lot. If the land dedication referenced above occurs for Parks and the County accepts
the dedication, this offer is consistent with the Board's adopted cash proffer policy and is
consistent with cash proffers accepted from other applicants.
Schools:
Approximately 310 school age children will be generated by this request. This request
will have a significant impact upon the Chesterfield County public school system.
With respect to the assignment of school attendance zones for any specific development,
a final decision will be made only after the first building permit for new construction is
received and the need for school services is anticipated. Tentatively, students generated
by this development will be assigned to the Matoaca Elementary School attendance zone:
capacity - 503, enrollment - 436; Matoaca Middle School zone: capacity - 780,
enrollment - 571; and Matoaca High School zone: capacity - 820, enrollment - 690.
The decision to tentatively assign this area to schools towards the southeast rather than
the north is due to the proposed subdivision's large size and far southern location.
Traditionally, new subdivisions that are on the border of two existing school attendance
areas (as is this proposed area for all three levels - elementary, middle, and high) are
tentatively assigned to the schools that would be best capable of handling the impact.
Schools to the north of this proposed subdivision currently are at or above program
capacity and would be severely impacted by this subdivision. These schools are in need
of relief and cannot accommodate a subdivision the size of the request property. The
Matoaca schools, however, have room for new growth. In addition, transportation routes
to the Matoaca schools would be quicker and more direct than routes to schools to the
north.
14
95SN0161/W-P/NOV22J
The applicant has offered land for reservation for purchase for public facility use
(Proffered Condition 9). There are no projected plans to construct additional school
capacity in the vicinity of the request site. Given these considerations, the maximum
cash proffer for school impacts, consistent with the Board of Supervisors' cash proffer
policy, would be appropriate.
Transportation:
The applicant has proffered a maximum residential density of 535 lots. (Proffered
Condition 1) There are several proposed public facilities identified in this rezoning
application and the proffered conditions. Total development of this property could
generate approximately 6,840 average daily trips (4,840 residential trips, 650 golf course
trips, 750 marine/boat launch trips, and 600 County park trips). These vehicles will be
distributed to Ivey Mill Road and River Road which had 1994 traffic counts of 243 and
1,430 vehicles per day, respectively.
Ivey Mill Road (3.8 miles) is in the State Secondary System. The 0.5 mile section of
Ivey Mill Road from its western intersection with River Road and the 0.9 mile section
from its eastern intersection with River Road are paved. The remaining 2.4 miles of
Ivey Mill Road are unpaved. Ivey Mill Road has inadequate shoulders and ditches. The
County has previously received petitions and several other requests from citizens to pave
Ivey Mill Road. No funds are identified in the "Six Year Secondary Road Improvement
Plan" for improvements to Ivey Mill Road.
The Thoroughfare Plan identifies Ivey Mill Road as a collector with a recommended
right-of-way width of seventy (70) feet. The applicant has proffered to dedicate thirty-
five (35) feet of right-of-way measured from the centerline of Ivey Mill Road for the
entire length of the property in accordance with that Plan. (Proffered Condition 2)
The Thoroughfare Plan also identifies a North-South and East-West Collector extending
from Ivey Mill Road through the subject property. The Thoroughfare Plan was
developed based on a build-out scenario of the County in accordance with adopted land
use plans. These plans recommend 1.01 to 2.5 units per acre for this property. The
proposed density is only 0.25 units per acre. Therefore, the collectors are no longer
needed.
In conjunction with the initial phase of this project, the applicant has proffered to
construct left and right turn lanes along Ivey Mill Road at each approved access
(Proffered Condition 4), and to reconstruct Ivey Mill Road from its eastern intersection
with River Road to the northern property line (total distance 2.1 miles) to an eighteen
(18) foot wide paved road with five (5) foot wide shoulders and six (6) foot ditch
sections (Proffered Condition 5). Improving Ivey Mill Road will require the developer
to acquire "off-site" right-of-way. Prior to development of more than 236 residential
15 95SN0161/WP/NOV2ZI
Parks
lots, the applicant has proffered to increase the width of the paved surface to 20 feet for
this same section of Ivey Mill Road. (Proffered Condition 6)
If Ivey Mill Road is reconstructed as outlined in the proffered conditions, approximately
1.2 miles of Ivey Mill Road north of the subject property, will still be unpaved.
Improvements to this section of Ivey Mill Road should be provided as other properties
in this area develop.
The Planning Commission's stub road policy requires that subdivision streets anticipated
to carry more than 1,500 vehicles per day should be designed and constructed as
residential collectors (i.e.,"no-lot frontage" roads). Several residential collector roads
will be required in conjunction with development of this property. This requirement will
be addressed at time of tentative subdivision review.
Area roads need to be improved to accommodate increased traffic generated by this
development. The applicant has proffered to contribute cash towards "off-site" road
improvements in accordance with the Board's policies. (Proffered Conditions 7 and 8).
At the time of tentative subdivision review, specific recommendations will be provided
regarding the internal street network and required residential collectors, access to Ivey
Mill Road, and providing stub road rights of way to adjacent properties.
and Recreation:
It is the goal of the Chesterfield County Department of Parks and Recreation to provide
a special purpose park in the Lake Chesdin area. Program objectives for the park were
determined by the County residents. Several sites were considered, encompassing an
area along the Appomattox River from the Amelia/Powhatan border to the Brasfield
Dam.
The main program objective for this park is to greatly expand recreational services to
County residents by providing public access to Lake Chesdin. It is also an important
objective to provide a recreation area that, through its popularity becomes an economic
resource for the county. There are other general programming objectives to consider.
They include the reservation and development of land for a golf course facility and
activity areas for recreational and educational uses, all of which may be self-sustaining
or income-producing.
The applicant proposes to reserve for purchase by the County 210 acres for public
facilities (Proffered Condition 9). Parks and Recreation believes the purchase of the
property at the price of $500,000 or the fair market value at time of conveyance,
whichever amount is less, would be reasonable. It should be noted that securing property
in this area has been a difficult process.
16
95SN0161/WP/NOV22J
Parks and Recreation has had discussions with the applicant with regard to the possible
dedication of 190 acres for a golf course site development. The Department of Parks and
Recreation believes a golf course facility would provide the public with a recreational
opportunity not currently provided within this portion of Chesterfield County. It should
be noted that the recently adopted Parks and Recreation Master Plan encourages the
private section to develop facilities which are open to the general public.
The Department of Parks and Recreation believes the proffers as they relate to Parks and
Recreation issues provide adequate assurances or surety for development of public
facilities. (Proffered Conditions 9, 10, 11, 12, 13 and 14)
LAND USE
General Plan:
Lies within the boundaries of the Southern and Western Area Plan, which designates the
request property and surrounding area for rural conservation uses until such time that
adequate provisions are made for adequate public facilities to serve the demands of future
residents.
At the direction of the Planning Commission, staff has prepared an amendment to the
S0uthem and Western Area Plan to designate the' request property for residential
development on one (1) to five (5) acre lots. The Planning Commission has
recommended approval of this amendment and forwarded it to the Board for their
consideration on November 22, 1994.
Area Development Trends:
Area development is characterized by scattered single family residences on acreage
parcels, agricultural uses, Lake Chesdin or large vacant parcels of land.
Recreational Facilities:
Public and private recreational facilities are proposed within this development. The
private facilities could include swimming pools, tennis courts or other recreational
facilities primarily for use by residents of the development. Public facilities could
include a marina, golf course or other recreational facilities such as playing fields for use
by the general public. The recommended conditions will minimize the impact of these
facilities on future residents in the development and are similar to conditions imposed on
other projects. (Conditions)
17 95SN0161/WP/NOV2ZI
Dwelling Size:
The applicant's proffered conditions address minimum size of dwelling units. (Proffered
Condition 21)
Conclusions:
The proposed zoning and land uses do not conform to the Southern and Western Area
Plan, which designates the request property and surrounding area for rural conservation
area uses until such time that adequate provisions are made for public facilities. The
Plan notes that the request property and surrounding area would be appropriate for
residential use of 1.01 to 2.5 units per acre only if provision is made for public water
and wastewater, road improvements and other public facilities. In this manner, orderly
development of the area is achieved in an efficient way which discourages "leapfrog"
development and minimizes the cost of providing public facilities in the future.
At present, public water and wastewater is not available to the request property. While
the applicant proposes to develop a subdivision on public water, the extension of such
a line will result in water quality which does not meet State and Federal regulations. In
order to provide the development with water quality that meets State and Federal
standards, it is anticipated the water line extension must be periodically flushed, at
considerable expense to County taxpayers. In addition, the applicant intends to use septic
tank and drainfield systems. The adopted Plan recommends orderly growth with the
extension of public sewer. In addition, the applicant's proposal to dedicate and reserve
land for public facilities conflicts with the Public Facilities Plan element of the adopted
Southern and Western Area Plan and the proposed Public Facilities Plan (under
consideration by the Planning Commission) which, except for a special purpose park on
Lake Chesdin, do not recommend any additional schools, community or regional-level
parks, libraries, or fire facilities within several miles of the request property.
The proposed zoning and land use is premature and could lead to similar requests on
other properties currently designated on the Southern and Western Area Plan for rural
conservation use. Approval of this request would have the effect of perpetuating past
land use patterns that have led to piecemeal development, with large tracts of land
between developments remaining vacant or underdeveloped. One of the stated goals of
the adopted Plan is to promote infill development as a means of establishing an efficient
and desirable growth pattern. Such inffll development would also have the effect of
minimizing the costs of extending public facilities and maximizing the use of existing
facilities. Approval of the current request would defeat the stated purpose of the adopted
Plan to encourage infill development. Given these considerations, denial of this request
is recommended.
18
95SN0161/WP/NOV22J
CASE HISTORY
Applicant (10/20/94):
Revised proffered conditions were submitted.
Planning Commission Meeting (10/20/94):
The Commission instructed staff to prepare a proposed amendment to the SOUthern. and
Western Area Plan which would include this land in that area designated appropriate for
residential development of one (1) to five (5) acre lots with use of public water and septic
tank/drainfield systems.
At the request of the applicant, the Commission deferred this case for thirty (30) days.
Staff (10/21/94):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than October 27, 1994, for consideration at the
Commission's November 15, 1994, public hearing. Also, the applicant was advised that
a $50.00 deferral fee must be paid prior to the Commission's November public hearing.
Applicant and Staff (10/26/94):
A meeting was held to discuss revisions of the proffered conditions.
Applicant (11/3/94):
The applicant submitted revised proffered conditions in an attempt to address some of the
concerns outlined in the "Request Analysis and Recommendation. ~
Applicant (11/8/94):
The applicant submitted revised proffered conditions, as outlined herein.
19 95SN0161/WP/NOV22I
Applicant (11/9/94):
Minor amendment were made to the proffered conditions submitted on November 8,
1994.
To date, the applicant has not paid the $50.00 deferral fee.
Applicant (11/10/94):
The $50.00 deferral fee was paid.
Applicant (11/15/94):
Revised Proffered Conditions 7, 8 and 21 and new Proffered Conditions 22 and 23 were
submitted, as discussed herein.
Planning Commission Meeting (11/15/94):
The applicant accepted the Planning Commission's recommendation.
There was no opposition present.
Mr. Marsh noted that this project had been in the planning stages for approximately two
(2) years. He stated that this was a unique proposal which provided major benefits to
the County. Mr. Marsh indicated that while he took the goals and policies of the
Southern and Western Area Plan seriously, this was a unique circumstance which, given
the proffers, provided major benefits to the County.
Mr. Easter also noted that the concepts of the Plan are important and that the County
must insure that services can be provided in a cost efficient manner. He stated that there
had been no overriding principal which had been outlined which would lead him to
believe that the delineation between the rural conservation area and the area suitable for
development was a precise decision. He stated that given the current proposal, the goals
and principals of the Plan would not be violated.
On motion of Mr. Marsh, seconded by Mr. Gulley, the Commission recommended
approval of this request subject to the conditions on page 3 and acceptance of the
proffered conditions on pages 3 through 8.
AYES: Unanimous.
2O
95SN0161/WP/NOV22J
Planning Commission Meeting (1 I/15/94):
The Commission recommended that the Southem and Wester Area Plan be amended to
include this area within the boundaries of the residential designation suitable for
development of one (1) to five (5) acre lots (i.e., R-88 zoning).
The Board of Supervisors on Tuesday, November 22, 1994, beginning at 7:00 p. m., will take
under consideration this request.
21 95SN0161/WP/NOV2ZI
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NOTES:
TAX PARCELS: 157 (1)-t 1294.:t: ACRES
169 (1)-1 ,1.56J:: ACRES
PORTION OF 170 (1)-7 4.20:J:: ACRES
SEWER:
INDIVIDUAL SEPTIC SYSTEMS
WATER:
COUNTY WATER
ALL RIGHT OF WAYS SHOWN ARE 50 FEET IN WlO*fH
CHESDIN LANDING
PHASE I DEVELOPMENT
28 LOTS 200' FRONTAGE
1.5 ACRE MIN.
PHASE II OEYELOPMENT
4.1 LOTS 200' FRONTAGE
1.5 ACRE MIN.
PHASE III DEVELOPMENT
105 LOTS 200' FRONTAGE
1.5 ACRE MIN.
PHASE IV DL~OPMENT
100 LOTS 200' FRONTAGE
1.5 ACRE MIN.
C~"IE-qOIN SHORES
PHASE I DEVE1.0PMENT
76 LOTS 200' FRONTAGE
1.5 ACRE MIN.
PHASE II DEVEi.0PME~IT
86 LOTS 200' FRONTAGE
1.5 ACRE MIN.
PHASE III DEVELOPMENT
57 LOTS 200' FRONTAGE
PHASE IV 0EVELOPMENT
44. LOTS 200' FRONTAGE
1.5 ACRE MIN.
1.5 ACRE MIN.
TOTAL LOTS =, 5..35
TOTAL ACREAGE DEDICA'IED TO CHF_STI~FtELD COUNTY = 400:t::
GOLF COURSE - RED 190 ACRE MINIMUM
210 ACRES RESERVED FOR PURCHA..~
PARCEL A 45 ACRES
PARCEL B 55 ACRES
PARCEL C 110 ACRES
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