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05SN0282-Aug24.pdf July 19, 2005 CPC August 24, 2005 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 05SN0282 J. K. Timmons Midlothian Magisterial District Weaver Elementary, Midlothian Middle and Midlothian High School Attendance Zones West line of Winter field Road REQUEST: Rezoning from Agricultural (A) to Residential (R-15). PROPOSED LAND USE: A single family residential subdivision with a minimum lot size of 20,000 square feet is planned. A maximum of ten (10) lots is proposed, yielding a density of approximately 1.7 dwelling units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 4. STAFF RECOMMENDATION Recommends approval, subject to the applicant addressing concerns relative to density and average lot size. This recommendation is made for the following reasons: A. While the proposed zoning and land use conforms to the Midlothian Area Community Plan which suggests the property is appropriate for low density residential use of 1.01 to 2.5 units per acre, the proposed density of 1.7 dwelling units per acre and lot size of 20,000 square feet do not conform to the densities and lot size which exist in the subdivision through which this development would access. Providing a FIRST CHOICE community through excellence in public service B. The proffered conditions adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. The proffered conditions mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: THE ONLY CONDITION THAT MAYBE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 1. Public water and wastewater systems shall be used. (U) 2. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Chesterfield County Environmental Engineering Department and the approved devices have been installed. (EE) 3. The Applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of building permit, for infrastructure improvements within the service district of the Property: a. $11,500.00 per lot if paid prior to July 1,2005; or b. The amount approved by the Board of Supervisors not to exceed $11,500.00 per lot adjusted upward by any increase in the Marshall and Swift Building Cost Index between July I, 2004 and July 1 of the fiscal year in which the payment is made, if paid after June 30, 2005. c. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M) 4. The Property shall be subdivided into no more than 10 residential lots. (P) 2 OSSN0282-AUG24-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 9. 5. The mInImUm gross floor area for each dwelling unit shall be 2,200 square feet. (P) 6. In conjunction with the recordation of the initial subdivision plat, thirty-five (35) feet of right-of-way on the west side of Winterfield Road, measured from the centerline of that part of Winterfield Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 7. There shall be no direct access from the property to Winterfield Road. (T) 8. In conjunction with development of the initial section, the developer shall be responsible for relocation of the ditch to provide an adequate shoulder, as determined by the Transportation Department, along the west side of Winterfield Road for the entire property frontage. The developer shall dedicate, free and unrestricted, to and for the benefit of Chesterfield County, any additional right-of-way (or easements) required for this improvement. (T) All driveways shall be constructed of hard-surface materials, which may include asphalt, concrete, aggregate materials, brick or stone pavers, or similar materials or substances. (P) 10. All exposed portions above grade of the foundations of each dwelling shall be covered with brick, stone, or dryvit. (P) 11. In conjunction with the recordation of any subdivision plat, the following restrictive covenants shall be recorded: a. All coal burning or wood burning fireplaces shall have brick or stone chimneys; gas or ornamental fireplaces may be wall-vented with no chimneys as allowed by applicable building codes; however, such vented enclosures shall not be cantilevered and must have a base to match the foundation. (P) b. Except as stated herein, all dwellings that provide a garage shall employ a side or rear entry garage design; provided, however, if the provision of a side or rear entry garage cannot be reasonably or feasibly accomplished because of features on or around the lot, such as topography, utility and drainage features and easements, grading, or other applicable features or governmental requirements that would effectively prohibit the provision of safe access and 3 OSSN0282-AUG24-BOS orderly design of the lot if a side or rear garage design is employed, then a dwelling may employ a front entry garage. (P) (STAFF/CPC) 12. All lots shall have a minimum lot area oftwenty thousand (20,000) square feet. (P) (STAFF/CPC) 13. A public water and sewer easement shall be provided through the development to existing Winterfield Road. (U) GENERAL INFORMATION Location: West line of Winter field Road, south of Elmstead Road. Tax IDs 725-711-9629 and 726- 711-1622 (Sheet 5). Existing Zoning: A Size: 6.0 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North and West - R-15; Single-family residential or vacant South and East - Single-family residential UTILITIES Public Water System: There is a sixteen (16) inch water line along a portion of Winterfield Road that terminates approximately 700 feet north of this site. In addition, the development of the adjacent Winterfield Station Subdivision will extend an eight (8) inch water line along the proposed Rigney Drive, and terminate adjacent to the western boundary of this site. Use of public water is intended and has been proffered. (Proffered Condition 1) 4 OSSN0282-AUG24-BOS Public Wastewater Svstem: The closest public wastewater line is a fifteen (15) inch trunk line that extends along Michaux Creek, approximately 1,700 feet southwest of this site. The adjacent proposed Winterfield Station Subdivision will be extending the public wastewater system to serve that development and an eight (8) inch wastewater collector line will be run along the proposed Rigney Drive and terminate approximately 120 feet west of this site. Use of the public wastewater system is intended and has been proffered. (Proffered Condition 1) ENVIRONMENTAL Drainage and Erosion: The property drains southwest and then via tributaries to Michaux Creek. There are no existing or anticipated on- or off-site drainage or erosion problems. The property is wooded and should not be timbered without first obtaining a land-disturbance permit from the Environmental Engineering Department (Proffered Condition 2). This will insure that adequate erosion control measures are in place prior to any land disturbance. PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. The residential portion of this development will have an impact on these facilities. Fire Service: The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls are expected to increase 44 to 78 percent by 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the six new stations, the Plan also recommends the expansion of five (5) existing stations. Based on ten (10) dwelling units, this request will generate approximately one (1) call for fire and emergency medical service each year. The applicant has addressed the impact on fire and. EMS (Proffered Condition 3) The Midlothian Fire Station, Company Number 5, and Forest View Volunteer Rescue Squad currently provide fire protection and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Schools: Approximately five (5) students will be generated by this development. This property is currently in the Weaver Elementary School attendance zone: capacity - 779, enrollment - 778; Midlothian Middle School: capacity - 1,331, enrollment - 1,458; and Midlothian High School: capacity - 1,589, enrollment - 1,537. The enrollment is based on 5 OSSN0282-AUG24-BOS September 30, 2004 and the capacity is as of 2004-2005. This request will have an impact on all schools involved. There are currently five (5) trailers at Midlothian Middle School. This case, along with others in the zone, will have a significant impact on both elementary and secondary schools in this area. Continued development in this area of the county will continue to push schools over capacity and will necessitate some form of relief. The applicant has addressed the impact on schools. (Proffered Condition 3) Libraries: Consistent with the Board of Supervisors' policy, the impact of development on library services is assessed Countywide. Based on projected population growth, the Public Facilities Plan identifies a need for additional library space throughout the County. Development of this property would most likely affect the existing Midlothian Library. The Public Facilities Plan identifies a need for additional library space to serve this area of the County and recommends a new library in the Robious Road corridor between Huguenot Road and James River Road. The applicant has offered measures to assist in addressing the impact of this proposed development on library facilities. (Proffered Condition 3) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7) community parks, twenty-nine (29) neighborhood parks and five (5) community centers by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special purpose parks to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan identifies shortfalls in trails and recreational historic sites. The applicant has offered measures to assist in addressing the impact of this proposed development on the Parks and Recreation facilities. (Proffered Condition 3) Transportation: The property (6.0 acres) is currently zoned Agricultural (A), and is located on the west side of Winterfield Road just north of the railroad tracks. The applicant is requesting rezoning from Agricultural (A) to Residential (R-15) and has proffered a maximum density of ten (10) lots (Proffered Condition 4). Based on single-family trip rates, development could generate approximately 125 average daily trips. These vehicles will be distributed along Winterfield Road, which had a 2005 traffic count of 8,167 vehicles per day. Based on the current volume of traffic it carries during peak hours, Winterfield Road is functioning at an acceptable level (Level of Service D). 6 OSSN0282-AUG24-BOS The Thoroughfare Plan identifies Winterfield Road as a major arterial 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 on the west side of Winterfield Road, measured from the centerline, in accordance with that Plan. (Proffered Condition 6) Access to major arterials, such as Winterfield Road, should be controlled. The applicant has proffered no direct access from the property to Winterfield Road (Proffered Condition 7). In recording the Winterfield Station Subdivision, a right-of-way (Rigney Drive) was stubbed to the property. The applicant intends to use this stub road to access the property. Rigney Drive intersects West Winterfield Road, which is part of the proposed realignment of Winterfield Road. As other properties in this area develop, it is anticipated that construction of West Winterfield Road will be provided to complete the realignment of Winterfield Road. The traffic impact of this development must be addressed. The applicant has proffered to relocate the ditch along Winterfield Road to provide an adequate shoulder and dedicate any additional right of way required for this improvement. (Proffered Condition 6) Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has proffered to contribute cash, in an amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic impact of this development (Proffered Condition 3). Cash proffers alone will not cover the cost of the road improvements needed in this area. There are no projects in this area currently included in the Six- Year Improvement Plan. At time of tentative subdivision review, specific recommendations will be provided regarding the proposed internal street network. 7 OSSN0282-AUG24-BOS Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling 10* 1.00 units Population Increase 27.20 2.72 Number of New Students Elementary 2.26 0.23 Middle 1.26 0.13 High 1.60 0.16 TOTAL 5.12 0.51 Net Cost for Schools 55,320 5,532 Net Cost for Parks 7,890 789 Net Cost for Libraries 4,040 404 Net Cost for Fire Stations 4,250 425 Average Net Cost for Roads 43,990 4,399 TOTAL NET COST $115,490 $11,549 * Based on a proffered maximum yield of 10 lots (Proffered Condition 4). The actual number of lots and corresponding impact may vary. As noted, this proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations at $11,549 per unit. The applicant has been advised that a maximum proffer of $11,500 per unit would defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 3) Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and it has been determined that it is appropriate to accept the maximum cash proffer in this case. LAND USE Comprehensive Plan: Lies within the boundaries of the Midlothian Area Communitv Plan which suggests the property is appropriate for low density residential use of 1.01 to 2.5 units per acre. 8 OSSN0282-AUG24-BOS Area Development Trends: The surrounding properties are characterized by single-family residential uses and vacant parcels zoned Agricultural (A) and Residential (R-15). It is anticipated that residential zoning and land use patterns will continue in the area, as is suggested by the Plan. Comparison of Area Density: The adjacent property to the north and west is Winterfield Station Subdivision. Winterfield Station was developed at a density of 1.25 units per acre. The applicant is proposing to have sole access for this development through Winterfield Station. Several of the lots in Winterfield Station will be directly impacted by lots from the proposed development having their only access through that portion of Winterfield Station in which they are located. These lots have developed at a density of approximately 1.26 lots per acre. The applicant has agreed to limit this development to a maximum of ten (10) lots, yielding a density of approximately 1.7 lots per acre. Staff has consistently taken the position, when a subdivision has sole access through an existing subdivision, the proposed subdivision should provide the same density of the development through which it accesses. The applicant in this case has not agreed to such density limitations. Comparison of Area Lot Sizes: The average lot size of the adjacent lots in Winterfield Station is 34,850 square feet. The applicant has proffered minimum lot area of 20,000 square feet (Proffered Condition 12). As with density, in situations where there is sole access, the county has always taken the position, the proposed subdivision should provide the same average lot size of the development through which it accesses. The applicant in this case has not agreed to such lot size requirements. House Sizes: The applicant has proffered a minimum gross floor area for houses of 2,200 square feet. (Proffered Condition 5) Site and House Design: Proffered Condition 9 requires the paving of driveways; Proffered Condition 10 requires that the exposed portion of house foundations be covered with brick, stone or dryvit type materials. Restrictive Covenants: Proffered Condition 11 requires the recordation of certain restrictive covenants. The County will not be responsible for enforcement of these restrictive covenants. Rather, the County will ensure that the stated covenants are recorded. Once recorded, the covenants may be amended. 9 OSSN0282-AUG24-BOS CONCLUSIONS The proposed zoning and land use conforms to the Midlothian Area Communitv Plan which suggests the property is appropriate for low density residential use of 1.01 to 2.5 units per acre. However, the proposed density of 1.7 dwelling units per acre and lot size of 20,000 square feet do not conform to the densities and lot size which exist in the subdivision through which this development would access. Winterfield Station has developed at a density of approximately 1.26 dwelling units per acre and an average lot size of 34,850 square feet. The applicant should provide similar density and lot size, since the only access to the proposed development is through Winterfield Station. In addition, the proffered conditions adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. The proffered conditions mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these considerations, approval of this request is recommended, subject to the applicant addressing concerns relative to density and average lot size. CASE HISTORY Applicant (7/18/05): The applicant submitted revised proffered conditions as discussed herein. Planning Commission Meeting (7/18/05): The applicant did not accept staff s recommendation, but did accept the Planning Commission's recommendation. There was no opposition present. On motion of Mr. Gecker, seconded by Mr. Wilson, the Commission recommended approval and acceptance of the proffered conditions on pages 2 through 4. AYES: Unanimous. The Board of Supervisors, on Wednesday, August 24,2005, beginning at 7:00 p.m., will take under consideration this request. 10 OSSN0282-AUG24-BOS u J: ~ I () +-' Q) Q) u. 0 0 CD an "I""" . 0::: ~ 0 ~<C N .. O:.J ~o::: 0 ang] 0 O::::::::~:: CD ! ! ~ ! ::I: t- o:: III o Z ! ~ ¡¡ I ¡ I ~ ~ ~ ~ ! - . ~ . . . 0. ~. ~. § § ß. ~. ~. is\~. \».. ~