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07SN0212 February 20, 2007 CPC March 14,2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0212 ASC Land Corporation Matoaca Magisterial District Matoaca Elementary; Matoaca Middle; and Matoaca High Schools Attendance Zones West of Hampton Avenue REQUEST: Rezoning from Agricultural (A) to Residential (R-12). PROPOSED LAND USE: An expansion of the Baileys Grove Subdivision with a minimum lot size of 12,000 square feet is planned. A maximum of 3.63 dwelling units per acre is permitted within a Residential (R-12) District, yielding approximately twelve (12) dwelling units; the theoretical density permitted in a Residential (R-12) is 3.05 dwelling units, yielding approximately ten (10) dwelling units; and the average actual lots recorded in a Residential (R-12) District, utilizing public water and sewer, between 2004 and 2006 was 1.78 units per acre, yielding approximately six (6) dwelling units. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. AYES: MESSRS. GECKER, GULLEY, BASS AND WILSON. NAY: MR. LITTON. STAFF RECOMMENDATION Recommend denial for the following reasons: Providing a FIRST CHOICE community through excellence in public service A. The proposed zoning and land uses do not conform to the Matoaca Village Plan which suggests the property is appropriate for conservation/passive recreation use and residential use of one (1) unit per acre or less. B. Approval of this request could set a precedent for higher density development, jeopardizing the rural character that surrounds and preserves the Matoaca Village as a visually distinct and historic community. C. Proffered Condition 1 is addressed by Ordinance. (NOTE: THE ONLY CONDITION THAT MAY BE 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 1. The applicant, subdivider, or assignee(s) shall pay the following, for infrastructure improvements within the service district for the property, to the county of Chesterfield prior to the issuance of building permit: A. $15,600.00 per dwelling unit, if paid prior to July 1,2007; or B. The amount approved by the Board of Supervisors not to exceed $15,600.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift building cost index between July 1, 2006, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M) 2. Except for 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 installed. (EE) 3. The minimum gross floor area for one story dwelling units shall be 1200 square feet and dwelling units with more than one story shall have a minimum gross floor area of 1800 square feet. (BI & P) 4. All exposed portions of the foundation of each new dwelling unit shall be faced with brick: or stone veneer. Exposed piers supporting front porches shall be faced with brick: or stone veneer. (BI & P) 2 07SN0212-MAR14-BOS 5. There shall be no sole access to the subject property through Bailey's Grove Subdivision. (P) GENERAL INFORMATION Location: East of Hampton Avenue, north of Fox Maple Terrace. Tax IDs 783-611-6391 and 7483. Existing Zoning: A Size: 3.5 acres Existing Land Use: Vacant Adiacent Zoning and Land Use: North and West - R-7 and R-12; Single family residential South and East- A; Vacant UTILITIES Public Water System: There is an eight (8) inch water line along the existing portion of Baileys Lane, terminating approximately 280 feet north of this site. The public water system is available to serve this site. Use of the public water system is required by County Code. Public Wastewater System: There is an existing eighteen (18) inch wastewater trunk: line extending along Old Town Creek:, approximately 400 feet northeast of this site. An eight (8) inch wastewater collector line extends along the existing portion of Baileys Lane and terminates approximately 280 feet north of the request site. This collector line is proposed to be extended in conjunction with Bailey's Lane. Use of the public wastewater system is required by County Code. 3 07SN0212-MAR14-BOS ENVIRONMENT AL Drainage and Erosion: The subject property drains to the northeast across the adjacent property to Old Town Creek:. There are currently no 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 control measures are in place prior to any land disturbance. (Proffered Condition 2) 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 six (6) dwelling units, this request will generate approximately two (2) calls for fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 1) The Matoaca Fire Station , Company Number 8 and Ettrick: Matoaca 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 four (4) (Elementary: 2, Middle: 1, and High: 1) students will be generated by this development. Currently this site lies in the Matoaca Elementary School attendance zone: capacity - 520, enrollment - 527; Matoaca Middle School zone: capacity - 1,702, enrollment - 1,058; and Matoaca High School zone: capacity - 1,771, enrollment - 1,681. The enrollment is based on September 29, 2006 and the capacity is as of 2006- 2007. This request will have an impact at the elementary school level. There are currently three (3) trailers at Matoaca Elementary and three (3) at Matoaca Middle. This case combined with other residential developments and zoning cases in the area, will continue to push these schools over capacity, necessitating some form of relief in the 4 07SN0212-MAR14-BOS future. The applicant has addressed the impact of the development on school facilities. (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 would most lik:ely affect the Ettrick:-Matoaca Library. The Plan identifies the need for additional library space in the Ettrick:-Matoaca area. The applicant has addressed the impact of the development on library facilities (Proffered Condition 1) Park:s and Recreation: The Public Facilities Plan identifies the need for three (3) new regional park:s, seven (7) community park:s, twenty-nine (29) neighborhood park:s and five (5) community centers by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special purpose park:s 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 park:s and recreational facilities. (Proffered Condition 1) Transportation: The property is located adjacent to the Baileys Grove Subdivision. Based on trip generation rates for single-family detached housing, development of the property could generate approximately ninety (90) average daily trips. The applicant intends to access the property through the Baileys Grove subdivision. This traffic will be distributed to River Road, which had a 2005 traffic count of 2,314 vehicles per day and was function at an acceptable level (Level of Service C). 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 1) Cash proffers alone will not cover the cost of the road improvements needed in this area. Sections of River Road in this area have substandard pavement and shoulder widths and poor vertical and horizontal alignments. There are two (2) sidewalk: projects planned for this area. The first involves constructing sidewalk: along Halloway Avenue from Matoaca Middle School to Hick:ory Road. This project was advertised and bids were received but VDOT did not authorize the award of the contract. The project will be readvertised this spring for construction in Summer 2007. The second sidewalk: project 5 07SN0212-MAR14-BOS in this area involves construction of sidewalk: along Hick:ory and River Roads between Woodpeck:er Road and James Street. VDOT is managing this project. During tentative subdivision review, specific recommendations will be provided regarding stub road rights-of-way to adjacent properties and the proposed internal street network:. Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 6* 1.00 Population Increase 16.32 2.72 Number of New Students Elementary 1.40 0.23 Middle 0.78 0.13 High 1.01 0.17 TOTAL 3.19 0.53 Net Cost for Schools $32,088 $5,348 Net Cost for Park:s 3,624 604 Net Cost for Libraries 2,094 349 Net Cost for Fire Stations 2,430 405 Average Net Cost for Roads 53,652 8,942 TOTAL NET COST $93,888 $15,648 *Based on an average actual yield of 1.78 units per acre. The actual number of units 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, park:s, 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 to assist in defraying the cost of this proposed zoning on 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. 6 07SN0212-MAR14-BOS LAND USE Comprehensive Plan: Lies within the boundaries of the Matoaca Village Plan which suggests the property is appropriate for conservation/passive recreation use and residential use of one (1) unit per acre or less. The Matoaca Village Plan was adopted by the Board of Supervisors in 2003. One of the goals of the Plan is to ensure that new residential development preserves and reinforces the existing rural character in the Village. The Plan discourages typical single family residential subdivision development that could adversely impact the existing rural landscape and the character of the Village Core. The Plan suggests that conservation subdivisions that preserve natural resources and rural vistas would be appropriate in areas suggested for low-density residential development. As such, in conjunction with the adoption of the Plan, the Zoning Ordinance was amended to include the Conservation Subdivision (R-C) Subdivision District. The R-C District permits a minimum lot size of 12,000 square feet, while retaining a minimum of fifty (50) percent of the project within permanent conservation areas. Area Development Trends: Area properties are zoned Residential (R-7 and R-12) and Agricultural (A) and are developed as part of the McCormick: Woods and Baileys Grove Subdivisions or are currently vacant. With this request, an expansion of the Bailey's Grove Subdivision is planned. It should be noted that Bailey's Grove Subdivision was rezoned in November, 2001 (Case 02SN0125) when the property was located within the limits of the Southern and Western Area Plan. At that time, the Plan suggested the property was appropriate for residential use of 2.5 dwelling units per acre or less. With the adoption of the Matoaca Village Plan in November, 2003, the majority of area properties surrounding the Matoaca Village Core, to include the subject property, were suggested for residential development of one (1) dwelling unit per acre or less, suitable for Conservation Subdivision (R-C) Subdivision District development (reference attached Plan). As such, it is anticipated that future area development will occur at densities of one dwelling unit per acre with the preservation of open spaces as suggested by the Plan. Dwelling Size and Foundation Treatment: Proffered Conditions 3 and 4 address minimum dwellings size and foundation treatment. Access'! Density and Lot Sizes: The approved tentative subdivision plan for the adjacent Bailey's Grove Subdivision depicts the provision of an access to the subject property. Should this right of way 7 07SN0212-MAR14-BOS provide sole access to the subject property, density compatibility with lots in the Bailey's Grove Subdivision would need to be addressed. The tentative also proposes access from Fox Maple Court within the McCormick: Woods Subdivision. As such, the applicant has proffered that there will be no sole access to the proposed development through Bailey's Grove Subdivision, thereby eliminating the need to address this compatibility issue (Proffered Condition 5). Given that the average lot size is smaller and the density is greater in the adjacent McCormick: Woods Subdivision, compatibility with that development is not addressed. CONCLUSIONS The proposed zoning and land uses do not conform to the Matoaca Village Plan which suggests the property is appropriate for conservation/passive recreation use and residential use of one (1) unit per acre or less. The Plan discourages typical single family residential subdivision development that could adversely impact the existing rural landscape and the character of the Village Core. The Plan suggests that conservation subdivisions that preserve natural resources and rural vistas would be appropriate in areas suggested for low-density residential development. Approval of this request could set a precedent for higher density development, jeopardizing the rural character that the Plan proposes to maintain in promoting the Matoaca Village as a visually distinct and historic community. Given these considerations, denial of this request is recommended. CASE HISTORY Applicant (2/7/07): Amended proffers were submitted. Planning Commission Meeting (2/20/07): The applicant did not accept the recommendation. There was opposition present expressing concerns that the proposal does not comply with the Plan. On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial of this request. AYES: Messrs. Geck:er, Gulley, Bass and Wilson. NAY: Mr. Litton. The Board of Supervisors, on Wednesday, March 14, 2007, beginning at 6:30 p.m., will tak:e under consideration this request. 8 07SN0212-MAR14-BOS ... -&~~~.~~~~' '. ~: . ~~";;'. . ';. ~ .~.... .. .-. ~~~")i':"" . .~ ~ - _ . . ....~~ $ '. .... "--. 1 ;.~" ,:;,"' .,;~, ~~ .. . ,-~ - - '. ' ~..' ~ '~""' -. ~<':., '. - -- - ';;Ii -....-... -"'~:". ;.~..... ~~. . ~- - :: f. . · - , ',1.&. _":!'II I ~~ ~...- -" _ - . I ,"1... :,~, ;!, --:,: . I" '" Ai . :jtIJ !"". .. ~ , ' ~: ~-, ~ - ....... 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".: -"-'\ c- ~_ Ii ~1I d . · .~... ot ... t" .",_ '! _ '4.:: ~ - ... I . ....<:..V5 "'t ~I -:.:. :;l. c :M:~ . ~~ Ia ~\ .\, t .Ii.. I -\.,~ ...,~ ..L...L '.t 1 .a : i "- ... Ill" ~ 1t.J .- . 1.-:, :..-: '" -.. LV ,~, 1IIIIi" .. .~'""" -~ '- - ~ -- -' · "'~~~Iii' :=,~.-=. :'-- :.:W i': ,,-. ,t.,,~ .... 11'( ,':::l"i..II:"~ :;1. ~ I I~~ ~. _ _ _... - .~~ 11 ~ II' · I "II!' ..i- -~. ..~ ........ ~ ~.- .- ::... F :8-2007 02:37P FROM:ASC LAND 8043782076 TO: 7942635 P.2 01:5 h 0 ~~ February 27, 2007 Brian P. Bowe ASC Land Corporation 70 1-A South1ake Blvd. Richmond, VA 23236 Dear Mr. Bowe: Weare aware of .your rezoning request and we are in favor of the request. Weare also aware that the 3.5 acres of land that you purchased from us last September as well as the balance of our land lies with in the limits of the Matoaca Village plan and the recommended residential use is for one unit to the acre or less. Weare currently living on the remaining 40 acres of land and have lived here all of our lives. We are very happy living here and we have no immediate plans to sell or rezone our land. Sincerely, r/J~ /? d1f/T2IL 9!::!R-!e~~ lan Roane \fINIEll:lI^ 'A.l.NnOO 0l31~l:l31.S3HO I ~ ; m. 9 lOIl:llSIQ \fO\fOl\fVII ,.... f.D III .L181HX3 E:lNINOZ IE 10 & .. ~ L1.. 8 8 :d ~ i 0 tiC') ~ ~ ~ (J 1Il g I;i zo b~ i3 ~ ~ 1Il ~ ,.... ~O / I C) Z Z<( " 0 'i I ;,:::..,::;" N II 'J / I"" ,I U1 (I (>" If--! 2I J'" V;,'" , dl i ' i:t:;<( , 1 I / I';' JI k?- I I" I I 'f5 J' 1 / / /1 f.-- ~ '- I I I ' /.., ,-J- I I -, 'I:" I--~--' ,1, ---I 1//,' / I /, / ! / / / / / ! / / ! / C) Z Z<( o N i / i / / \ \\ II \\ \\ \\ \1 /--....... , / I- I , , ~"'-...i....1.....J . 7'---,..._ I I ;- -- -.l....J_ j\ ! \ ! \ / \ ! \ C) Z -<( Z o N \ \ \ /I / \ \ o z Z<( o N I / ,