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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 $50.00 deferral fee was paid. Applicant (11/15/94): Revised Proffered Conditions 7, 8 and 21 and new Proffered Conditions 22 and 23 were submitted, as discussed herein. Planning Commission Meeting (11/15/94): The applicant accepted the Planning Commission's recommendation. There was no opposition present. Mr. Marsh noted that this project had been in the planning stages for approximately two (2) years. He stated that this was a unique proposal which provided major benefits to the County. Mr. Marsh indicated that while he took the goals and policies of the Southern and Western Area Plan seriously, this was a unique circumstance which, given the proffers, provided major benefits to the County. Mr. Easter also noted that the concepts of the Plan are important and that the County must insure that services can be provided in a cost efficient manner. He stated that there had been no overriding principal which had been outlined which would lead him to believe that the delineation between the rural conservation area and the area suitable for development was a precise decision. He stated that given the current proposal, the goals and principals of the Plan would not be violated. On motion of Mr. Marsh, seconded by Mr. Gulley, the Commission recommended approval of this request subject to the conditions on page 3 and acceptance of the proffered conditions on pages 3 through 8. AYES: Unanimous. 2O 95SN0161/WP/NOV22J Planning Commission Meeting (1 I/15/94): The Commission recommended that the Southem and Wester Area Plan be amended to include this area within the boundaries of the residential designation suitable for development of one (1) to five (5) acre lots (i.e., R-88 zoning). The Board of Supervisors on Tuesday, November 22, 1994, beginning at 7:00 p. m., will take under consideration this request. 21 95SN0161/WP/NOV2ZI ./ ./ Z Z R-88 WITH C.U. ON 15 AC. 4"? / ~$NOIGI-I 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 R 5 5~0/G/-Z 95SN0161-3 i I I CASE # 95SN0161 // XXX Proposed Collector Recommended For Deletion ...~. mm~,~ ~ ~ ~ /I ,"'. ! ~?,,. i~, ; .f.' I ~ I/ / REEDY: BRANCH COUNTY THOROUGH]FARE PLAN q 5 5 N'o/~ i:6 '-~ / / 1.2. MI. MI. CASE ti 95SN0161 PAVED ROAD UNI'AVED ROAD PROI'OSED I1MPI;~OVESIENTS NOT TO SCALE Z Z 0 Z z q 5 ~IxJOIGl-?