06SN0335
September 19, 2006 CPC
January 16,2007 CPC
February 28, 2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0335
Greenacres Limited Partnership
Matoaca Magisterial District
Spring Run Elementary, Bailey Bridge Middle and Manchester High Schools Attendance Zones
Lying off the southeastern terminus of Buncrana Lane
REQUEST: Rezoning from Agricultural (A) to Residential (R-25).
PROPOSED LAND USE:
A residential subdivision having a maximum of twenty-four (24) lots with a
minimum lot size of 43,560 square feet is planned (Proffered Conditions 3 and 5).
The proffers result in a density of .44 dwelling units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. GECKER, GULLEY AND BASS.
ABSTENTIONS: MESSRS. LITTON AND WILSON.
STAFF RECOMMENDATION
Recommend approval subject to addressing concerns relative to proffered conditions for the
following reasons:
A. While the proposed zoning does not conform to the Southern and Western Area
Plan which suggests the property is appropriate for 1-5 acre lots (suitable to
Residential (R-88) zoning), area R-25 properties were zoned prior to adoption of
the Plan. Given these past decisions it would be appropriate to allow development
based on similar standards not exceeding the recommended densities of the Plan
(0.5 units per acre).
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, park, libraries
and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan
and the Capital Improvements Program, and the impact of his development is
discussed herein. The proffered conditions adequately mitigate the impact on
capital facilities, thereby insuring adequate service levels are maintained and
protecting the health, safety and welfare of County citizens.
C. Proffered Condition 5 should be modified.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS.)
PROFFERED CONDITIONS
(STAFF)
1.
Cash Proffer. The applicant, subdivider, or assignee(s) (the "Applicant")
shall pay the following to the County of Chesterfield prior to the issuance
of a building permit for each dwelling unit for infrastructure
improvements within the service district for the property:
a. $15,600 per dwelling unit if paid prior to July 1,2006. At the time
of payment, the $15,600 will be allocated pro-rata among the
facility costs as follows: $5,331 for schools, $602 for parks and
recreation, $348 for library facilities, $8,915 for roads, and $404
for fire stations; or
b. The amount approved by the Board of Supervisors not to exceed
$15,600 per dwelling unit prorated as set forth above and adjusted
upward by any increase in the Marshall and Swift Building Cost
Index between July 1, 2005 and July 1 of the fiscal year in which
the payment is made ifpaid after June 30, 2006.
c. If, upon the mutual agreement of the Transportation Department
and the Applicant, the Applicant provides road improvements (the
"Improvements"), then the transportation component in this
Proffered Condition shall be reduced by an amount not to exceed
the cost to construct the Improvements so long as the cost is of
equal or greater value than that which would have been collected
through the payment(s) of the road component of the cash proffer
as determined by the Transportation Department. Once the sum
total amount of the cash proffer credit exceeds the cost of the
Improvements, as determined by the Transportation Department,
thereafter the Applicant shall commence paying the cash proffer as
set forth in this Proffered Condition as adjusted for the credit. For
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06SN0335- FEB28- BOS
(STAFF)
(STAFF)
(STAFF)
(STAFF)
Location:
the purposes of this proffer, the costs, as approved by the
Transportation Department, shall include, but not be limited to, the
cost of right-of-way acquisition, engineering costs, costs of
relocating utilities and actual costs of construction (including
labor, materials, and overhead) ("Work"). Before any Work is
performed, the Applicant shall receive prior written approval by
the Transportation Department for the Improvements and any
credit amount.
d. Cash proffer payments shall be spent for the purposes proffered or
as otherwise permitted by law. (B&M)
2.
Timbering. Except for the timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering on the Property until a land
disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been
installed. (EE)
Minimum lot size. The minimum lot size shall be 43,560 square feet (1
acre). (P)
3.
4.
Any residential lots having sole access through Donegal Glen Subdivision
shall have an average lot size of 51,380 square feet. Such lots shall not
exceed a density of 0.78 dwelling units per acre. (P)
5.
Maximum number of lots. The maximum number of lots shall be twenty-
four (24). (P)
6. Development phasing. The property shall not be developed until the
dedications and required improvements to Beach Road and that portion of
the proposed east west road through the property with Tax Id No. 736-
655-5340-00000, 737-652-3153-00000 and 737-652-4169-00000 are
constructed per the requirements in Zoning Case No 89SN0357 -
proffered conditions 1 and 2. (T & P)
GENERAL INFORMATION
Lies off southeastern terrninus of Buncrana Lane, southeast of Derryreach Drive. Tax ID
734-658-8633 (Sheet 24).
Existinl! Zoning:
A
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06SN0335-FEB28-BOS
Size:
53.7 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, South and East- R-25; Single family residential or vacant
West - A; Vacant
UTILITIES
Public Water System:
The public water system is not directly available to serve this site. There is an existing
sixteen (16) inch water line extending along a portion of Spring Run Road that terminates at
Hensley Road. Public water service from this sixteen (16) inch line will require an off-site
extension of approximately 8,400 feet to serve the request site. The Water/Wastewater
Facilities Plan calls for a future water line with a minimum twelve (12) inch diameter to be
extended with development from the existing sixteen (16) inch water line in Spring Run
Road along a portion of Hensley Road, North Donegal Road, Derryveach Drive, and
Donegal Drive to Qualla Road. Installation of a portion of this water line will be required to
serve the request site. Future development of parcels west of this site may allow for a
waterline extension from the existing sixteen (16) inch line along Brandy Oaks Boulevard,
in Brandy Oaks Subdivision. This line is approximately 4,000 feet west of this site. Further
evaluation will be required to determine if this is a suitable source. This site is within the
area deemed suitable for R-88 zoning of the Southern and Western Area Plan. Use of public
water is required.
Per Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply
points shall be provided for subdivisions containing more than twenty-five (25) lots.
Public Wastewater System:
The public wastewater system is not available to serve this site. This site is within the area
deemed suitable for R-88 zoning of the Southern and Western Area Plan. Private septic
systems are permitted in this area.
Private Septic Systems:
Use of private septic tanks must be approved by the Health Department.
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06SN0335-FEB28-BOS
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains to the rear to a tributary that flows to Swift Creek. There are
no known on- or off-site drainage or erosion problems and none are anticipated after
development.
The property is wooded and, as such, should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering. This will ensure
that adequate erosion measures are in place prior to any land disturbance. (Proffered
Condition 2)
Water Qualitv:
The off-site tributary to which this property drains is a perennial stream is subject to a
100 foot conservation area which extends onto this property. This conservation area has
very limited uses.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development
will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on twenty-four (24) 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 1)
The Winterpock Fire Station, Company Number 19 currently provides fire protection and
emergency medical service. When the property is developed, the number of hydrants,
quantity of water needed for fire protection, and access requirements will be evaluated
during the plans review process.
Schools:
Approximately thirteen (13) (Elementary: 6, Middle: 3, High: 4) students will be
generated by this development.
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06SN0335- FEB28- BOS
Currently, this site lies in the Spring Run Elementary School attendance zone: capacity-
943, enrollment - 1,303; Bailey Bridge Middle School zone: capacity - 1,794, enrollment
- 1,563; and Manchester High School zone: capacity - 2,484, enrollment - 2,149. The
enrollment is based on September 29, 2006 and the capacity is as of 2006-2007. This
request will have an impact on the elementary leveL There are currently 5 trailers at
Spring Run Elementary and 5 at Manchester High.
A new elementary school, Winterpock Elementary, scheduled to open in the fall of 2007
will provide relief to elementary schools in this area of the county. A new middle school,
Tomahawk Middle, is in the current CIP and is proposed to open in the fall of 2008 that
will provide relief for schools in this area of the county.
This case, combined with other tentative residential developments and zoning cases in the
zones, would continue to push these schools to capacity. This case could necessitate
some form of relief in the future. The applicant has addressed the impact of the
development on schools. (Proffered Condition 1)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development of property in this area of the County would most likely affect the existing
Clover Hill Library, the existing Central Library or a proposed new facility identified in
the Plan in the vicinity of Beach and Winterpock Roads. The applicant has addressed the
impact of the development on libraries. (Proffered Condition 1)
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 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 these parks and recreational facilities. (Proffered Condition 1)
Transportation:
The property (53.7 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential (R-25). The applicant has proffered a minimum lot
size of one (1) acre (Proffered Condition 3) and a maximum of twenty-four (24) lots.
Based on single-family trip rates, development could generate approximately 290 average
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06SN 0335- FEB28- BOS
daily trips. These vehicles will be distributed through streets in Donegal Forest North,
Donegal Glen, Donegal Forest and Rocky Run Subdivisions to Spring Run Road which
had a 2003 traffic count of 4,955 vehicles per day (VPD) and to Qualla Road which had a
2004 traffic count of 4,200 VPD.
The property has potential access through a stub road right of way; Buncrana Lane.
Included in the Subdivision Ordinance is the Planning Commission's Stub Road Policy.
The Policy suggests that subdivision streets anticipated to carry 1,500 VPD or more
should be designed as "no-lot frontage" collector roads. Traffic generated by this
development is anticipated to travel along Donegal Drive, Derryveach Drive and North
Donegal Drive. Those streets were developed prior to the adoption of the Stub Road
Policy. Donegal Drive had a 2006 traffic count of 953 VPD, and North Donegal Drive
had a 2006 traffic count of 568 VPD. Traffic generated by this development traveling
along those subdivision streets is not anticipated to exceed the acceptable subdivision
street volume as defined by the Stub Road Policy.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Spring Run Road and Qualla Road will be directly
impacted. Sections of Spring Run Road have nineteen (19) to twenty (20) foot wide
pavement with no shoulders. The capacity of Spring Run Road is acceptable (Level of
Service D) for the volume of traffic it carries (4,955 VPD). Sections of Qualla Road have
twenty (20) to twenty-one (21) foot wide pavement with no shoulders. The capacity of
Qualla Road is acceptable (Level of Service D) for the volume of traffic it carries (4,200
VPD).
The traffic impact of this development must be addressed. 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 1). As
development continues in this part of the county, traffic volumes on area roads will
substantially increase. Cash proffers alone will not cover the cost of the improvements
needed to accommodate the traffic increases. No road improvement projects in this part
of the county are included in the Six- Year Improvement Plan, except for several safety
improvement projects to Spring Run Road and one (1) safety improvement project on
Qualla Road.
At time of tentative subdivision review, specific recommendations will be provided
regarding the internal street network, including the need for stub road rights of way to
adjacent properties.
Proffered Condition 5 has not be thoroughly evaluated.
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06SN0335-FEB28-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 24* 1.00
Population Increase 65.28 2.72
Number of New Students
Elementary 5.59 0.23
Middle 3.12 0.13
High 4.06 0.17
TOTAL 12.77 0.53
Net Cost for Schools $128,352 5,348
Net Cost for Parks 14,496 604
Net Cost for Libraries 8~376 349
Net Cost for Fire Stations 9,720 405
A verage Net Cost for Roads 214,608 8,942
TOT AL NET COST $375,552 $15,648
* Based on a proffered maximum number of lots (Proffered Condition 5). 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 $15,648 per unit. The applicant has been advised that a maximum proffer of
$15,600 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 and road improvements to assist in defraying the cost
of this proposed zoning on such capital facilities such capital facilities. (Proffered Condition 1)
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 Southern and Western Area Plan which suggests the
property is appropriate for 1-5 acre lots; suited to Residential (R-88) zoning. While R-88
zoning allows development of one (1) acre lots, such lots are required to utilize both
public water and sewer and the one (1) acre is only permitted if provisions are made to
provide recorded open space under the Virginia Land Use Assessment Law.
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06SN0335- FEB28- BOS
The R-88 land use designation established in the Plan was based, in part, upon the
anticipated availability of public utilities to serve properties. The maintenance of the
integrity of important environmental and visual resources and the promotion of a range of
densities and variety of living environments also played key roles in the support for lower
density development in this area.
Area Development Trends:
Properties within the immediate vicinity of the subject parcel are zoned Residential (R-
25) and are developed as the Donegal Glen, Donegal Forest and Rocky Run
Subdivisions, or are zoned Agricultural (A) and are currently vacant. These R-25
developments were zoned between 1975 and 1990, prior to the adoption of the Southern
and Western Area Plan in 1993.
It is anticipated that the subject property will be developed in conjunction with, or as an
extension of the adjacent R-25 property, to the south. The attached map shows the major
road improvements required by the zoning of that adjacent tract.
Given these past actions and the geographic location of the subject property in
relationship to these R-25 zoned parcels, it may be appropriate to zone the subject parcel
similarly provided the recommended densities of the Plan are not exceeded. As such the
applicant has proffered a maximum of twenty-four (24) lots, yielding a density of .44
dwelling units per acre.
Density and Lot Size:
Proffered Conditions require a minimum lot size of one (1) acre (Proffered Condition 3).
Proffered conditions also address density limitations (Proffered Condition 5). As noted
previously, it may be appropriate to zone the subject property to R-25 similar to
surrounding properties' zoning provided density is limited to no more than that
recommended by the Plan.
Access to the subject property may be provided through Donegal Glen Subdivision,
Section 2, which contains an average lot size of 51,380 square feet and density of 0.78
dwelling units per acre. In an effort to address compatibility with this adjacent
development through which this property may have sole access, the applicant has
addressed average lot sizes and densities consistent with those of Donegal Glen.
(Proffered Condition 4)
CONCLUSIONS
While the proposed zoning does not conform to the Southern and Western Area Plan which
suggests the property is appropriate for 1-5 acre lots (suitable to Residential (R-88) zoning),
there is merit to allowing R-25 zoning similar to that which exists on surrounding properties
provided that the goal of the Plan to maintain 0.5 dwelling units per acre is achieved. As
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06SN0335- FEB28- BOS
proffered, the development could occur with a minimum lot size of 43,560 square feet (one acre)
with a maximum density .44 units per acre.
Land use designations established in the Plan were based upon the anticipated availability of
public utilities (in this area, the availability of water) as well as maintaining the integrity of
important environmental and visual resources while promoting a range of densities and variety of
living environments. While the Plan supports smaller lot sizes than two (2) acres, it does so
provided open space and rural character is maintained.
As proffered, the proposal assures the 0.5 dwelling unit per acre densities recommended by the
Plan are not exceeded. It would appear reasonable in this instance, given past development
trends, to forego the goals relating to rural character and compromise by assuring that the
recommended densities of the Plan are not exceeded.
CASE HISTORY
Planning Commission Meeting (9/19/06):
At the request of the applicant, the Commission deferred this case to their January 16,
2007, meeting. The Commission requested that the area transportation plan be evaluated.
Staff (9/21/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 19, 2006, for consideration at the
Commission's January 2007, public hearing. In addition, the applicant was advised that a
$250.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (9/29/06):
The deferral fee was paid.
Area Property owners, Applicant, Staff and Matoaca District Commissioner (II /7/06):
A meeting was held to discuss this case. Concerns were expressed relative to density; lot
sizes; street connectivity to Donegal Glen Subdivision; impact on area roads (Qualla
Road); and development of the existing R-25 property to the south and its impact llpon
existing area neighborhoods relative to road connections.
The applicant indicated an intent to limit the number of lots in the project and to further
examine precluding road connections to the existing R-25 property to the south.
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06SN0335- FEB28- BOS
Staff (12/11/06):
To date, no new information has been submitted.
Applicant (1/8/07):
Additional proffered conditions were submitted.
Planning Commission Meeting (1/16/07):
While the applicant indicated a desire for deferral, the majority of the Commission did
not support deferral indicating that numerous persons were present to speak to the case.
The applicant accepted staffs recommendation, but did not accept the Commission's
recommendation.
There was opposition present. Concerns were expressed relative to impact on
infrastructure and the inability of capital facilities to accommodate the development;
traffic impacts on Donegal Glen, Donegal Forest and Brandy Oaks Subdivisions as well
as area secondary roads; and potential adverse impacts on drainage area, wells and
wildlife.
Mr. Litton suggested that alternatives to planned roadway improvements in the area
should be explored prior to the Commission acting upon the request. Mr. Wilson
indicated that it would be appropriate to defer the case to allow the applicant to continue
to attempt to resolve area residents' concerns and to insure that the best possible proposal
is presented for the Board's consideration.
Messrs. Gecker and Gulley indicated that the case had been pending for a number of
months and he did not feel a deferral would address concerns relative to the adequacy of
infrastructure to support the development, especially the road infrastructure. It was
further noted that the proposal does not comply with the recommendations of the Plan of
R-88 zoning.
Mr. Bass moved to recommend denial and to further advise the Board that if staffs
concerns relative to Proffered Condition 6 were addressed, the Commission would still
not recommend approval. His motion was seconded by Mr. Gulley.
AYES: Messrs. Gecker, Gulley and Bass.
ABSTENTIONS: Messrs. Litton and Wilson.
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06SN 0335- FEB28- BOS
The Board of Supervisors, on Wednesday, February 28, 2007, beginning at 6:30 p.m., will take
under consideration this request.
12
06SN0335-FEB28-BOS
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