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07SN0281 L^1priI17, 2007 CPC May 23,2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0281 Bayhill Development Corp. Clover Hill Magisterial District Swift Creek Elementary; Swift Creek Middle; and Clover Hill High Schools Attendance Zones East line of South Old Hundred Road REQUEST: Rezoning from Agricultural (A) to Residential Townhouse (R- TH) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: Residential uses are proposed. Proffered conditions limit the number of dwelling units to 300, yielding a maximum density of approximately 5.1 dwelling units per acre (Proffered Condition 6). Exceptions are requested to parking and driveway requirements serving individual units. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5. STAFF RECOMMENDATION Recommends approval for the following reasons: A. The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for regional mixed use uses. 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 Providing a FIRST CHOICE commnnity through excellence in public service 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. C. The requested exceptions are appropriate for parking and driveways that serve individual units. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER 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 The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffers shall immediately be null and void and of no further force or effect. (STAFF/CPC) (STAFF/CPC) 1. Master Plan. The Textual Statement dated March 19, 2007 shall be the Master Plan. (P) 2. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the Property, $15,600.00 per dwelling unit, if paid prior to July 1, 2007, or the amount approved by the Board of Supervisors, not to exceed $15,600.00 per dwelling unit as 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. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the county. (B & M) 2 07SN0281-1v1A Y23-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 3. Utilities. a. The public water and wastewater systems shall be utilized. b. To provide two water feed connection points for this site and the adjacent Old Hundred Mill Subdivision Section "B", the developer shall connect the on-site water line to the existing eight (8) inch water line in Mill Meadow Drive and a second location to be determined by the developer's engineer and approved by the County Utilities staff. c. To the extent the development exceeds two hundred fifty- nine (259) dwelling units, the developer shall make all necessary adjustments to the sizing and slope of the existing sewer system in "Old Hundred Mill Subdivision Section B" to accommodate capacity for the development of up to three hundred(300) dwelling units on this property. (U) 4. 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. Except for clearing for roads and utilities, any such timbering shall be phased to coincide with the phasing of development. (EE) 5. No Sole Access. No lots shall have sole vehicular access through Old Hundred Mill Subdivision. (P) 6. Overall Density. The aggregate density on the Property shall not exceed three hundred (300) dwelling units. (P) 7. Buffers. All required buffers shall be located within recorded open space. (P) 8. Materials. The exterior facades of all homes shall be of brick, stone or vinyl siding having a minimum thickness of 0.042 mils, or a combination of the foregoing. Masonite siding shall not be utilized. (P & BI) 9. Restrictive Covenant. The following restrictive covenants shall be recorded prior to, or in conjunction with, the recordation of any subdivision plat: 3 07SN0281-1v1A Y23-BOS (STAFF/CPC) a. The required Homeowners' association for the townhome development shall be responsible for the maintenance of the exteriors of homes as follows: (a) painting, repair, maintenance and replacement of gutters and downspouts; (b) maintenance of roofs, shingles, sheathing and felt; and ( c) exterior building wall surfaces (exclusive of doors and windows ). b. The style and color of any front-loading garage doors shall be designed to de-emphasize their appearance from the street through the use of color, architectural elements and design, and architectural fenestration as determined by the Board of Directors or Architectural Review Committee of the required Homeowners' association. (P) 10. Transportation. a. Direct vehicular access from the Property to Old Hundred Road shall be limited to one (1) public road that aligns Brandermill Parkway. b. To the extent not provided by others, the developer shall be responsible for: 1. the construction of right and left turn lanes at the intersection of Old Hundred Road and the approved public road intersection, based on Transportation Department standards; 11. the full cost of traffic signalization, if warranted as determined by the Transportation Department, of the Brandermill Parkway/Old Hundred Road intersection; and 111. dedication, free and unrestricted to and for the benefit of Chesterfield County, of any additional right-of-way (or easements) required to construct these improvements. c. Prior to any construction plan approval, a phasing plan for the improvements identified in Proffered Condition 10 shall be submitted to and approved by the Transportation Department. d. In conjunction with recordation of the initial subdivision plat, prior to any site plan approval, or within sixty (60) 4 07SN0281-1v1A Y23-BOS (STAFF/CPC) (CPC) (CPC) days from the date of a written request by the Chesterfield County Public Schools, whichever occurs first, that portion of right-of-way for the access road to the proposed Clover Hill High School as substantially shown on Exhibit A attached hereto and made a part hereof, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. e. All roads that accommodate general traffic circulation, as determined by the Transportation Department, shall be constructed to VDOT standards and accepted into the State System. f. In conjunction with recordation of the initial subdivision plat, or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, forty- five (45) feet of right-of-way along the easterly side of Old Hundred Road, measured from the existing centerline of that part of Old Hundred Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 11. Additional Landscaping. In order to substantially mitigate the view of the back of the townhomes as seen from the intersection of Old Hundred Road and Brandermill Parkway Extended, landscaping at two times the density of Perimeter Landscaping C as set forth in the Zoning Ordinance shall be provided within the thirty (30) foot buffer for a distance of one hundred fifty (150) feet along Brandermill Parkway Extended from said intersection. (P) 12. Minimum Square Footage. Each dwelling unit shall have a minimum of one thousand five hundred (1,500) square feet of gross floor area. At the time of complete development, a minimum of sixty percent (60%) of the dwelling units shall have a minimum of one thousand seven hundred (1,700) square feet of gross floor area. The developer shall maintain a record of the gross floor area of each dwelling unit and shall provide such list when and as requested by the County. (P) 13. Construction Access. Mill Meadow Drive shall not be used as a construction access for the initial development of the Property. (P) 5 07SN0281-1v1A Y23-BOS GENERAL INFORMATION Location: East line of South Old Hundred Road, across from Brandermill Parkway. Tax IDs 731- 685-8002 and 732-685-4864. Existing Zoning: A Size: 59.4 acres Existing Land Use: Vacant Adiacent Zoning and Land Use: North - A; Public/semi-public (existing and proposed) South - R-12; Single family residential East - Route 288 West - A; Public/semi-public UTILITIES Public Water System: There is an existing twelve (12) inch water line at the intersection of South Old Hundred Road and Brandermill Parkway, adjacent to the western boundary of this site. In addition, an eight (8) inch water line extends along Mill Meadow Drive adjacent to the southern boundary of the request site. Use of the public water system is intended (Proffered Condition 3.a.). 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. To provide an additional water feed for this site, as well as provide an alternate feed for Old Hundred Mill Subdivision, the applicant has proffered to connect the on-site water line to the existing eight (8) inch water line in Mill Meadow Drive and a second location to be determined by the developer's engineer and approved by the Utilities Department. (Proffered Condition 3.b.) Public Wastewater System: The request site is within the Nuttree Branch drainage basin. There is an existing eight (8) inch wastewater collector line extending along a portion of Forest Mill Drive in Old 6 07SN0281-1v1A Y23-BOS Hundred Mill Subdivision Section B, approximately 150 feet south of this site. Use of the public wastewater system is intended (Proffered Condition 3.a.). Preliminary investigation indicates that the existing eight (8) inch wastewater collector line does not have adequate capacity to serve this level of development. To address this concern, the applicant has proffered to make all necessary adjustments to the existing sewer system to provide capacity for this development. (Proffered Condition 3.c.) There are existing twenty-four (24) inch and sixteen (16) inch diameter wastewater force mains extending across the northern portion of this site. These wastewater force mains cannot be used to serve the request site. ENVIRONMENT AL Drainage and Erosion: The subject property drains via tributaries in Old Hundred Mill to Nuttree Branch and then via Nuttree Branch to Swift Creek. There are currently no on- or off-site drainage or erosion problems and none are anticipated after development. The property is currently 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. To address concerns of area property owners, and the Clover Hill District Commissioner, to insure that all of the property is not denuded at the same time, the proffer ties timbering to the phasing of development. (Proffered Condition 4) Water Quality: Ordinances have recently been amended to adequately address pollution run off from the subj ect property. 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 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 300 dwelling units, this request will generate approximately sixty-eight (68) calls for fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 2) 7 07SN0281-1v1A Y23-BOS The Swift Creek Fire Station, Company #16 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 159 students, (Elementary: 69, Middle: 39, and High: 51), will be generated by this development. Currently this site lies in the Swift Creek Elementary School attendance zone: capacity - 697, enrollment - 714; Swift Creek Middle School zone: capacity - 1,027, enrollment - 1,455; and Clover Hill High School zone: capacity - 1,582, enrollment - 1,593. 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, middle and high schools. There are currently seventeen (17) trailers at Swift Creek Middle and eleven (11) at Clover Hill High. Tomahawk Creek Middle School is scheduled to open in the fall of 2008 that will provide relief for schools in this area of the county. The new Clover Hill High School will open in the fall of2010. 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 2) 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 likely impact either the Midlothian Library or a proposed new branch in the Genito Road area. The Plan indicates a need for additional library space in this area of the County. The applicant has addressed the impacts of this development on library facilities. (Proffered Condition 2) 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. 8 07SN0281-1v1A Y23-BOS The applicant has offered measures to assist in addressing the impact of this proposed development on these parks and recreational facilities. (Proffered Condition 2) Transportation: The property (approximately 59 acres) is currently zoned Agricultural (A) and the applicant is requesting rezoning to Residential-Townhouse (R- TH) with a Conditional Use Planned Development to permit exceptions to the ordinance. The applicant has proffered to limit development to a maximum 300 units (Proffered Condition 6). Based on townhouse trip rates, development of the property could generate approximately 1,600 average daily trips (ADT). These vehicles will initially be distributed along Old Hundred Road, which had a 2005 traffic count of 10,354 vehicles per day between Genito Road and Millridge Parkway. Old Hundred Road in this location is a two-lane facility that is at capacity (Level of Service E) based on the volume of traffic it carries during peak hours. The Thoroughfare Plan identifies Old Hundred Road as a major arterial with a recommended right-of-way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right-of-way along Old Hundred Road in accordance with this plan (Proffered Condition 10.t). The Plan also identifies a proposed east/west major arterial from Old Hundred Road at the Brandermill Parkway intersection eastwardly across Route 288 to Warbro Road, and a proposed interchange on Route 288 with the proposed east/west major arterial. In the proposed Upper Swift Creek Plan Amendment, staff recommends deleting this proposed interchange and the east/west major arterial. The interchange was originally planned to help promote economic development; however, the land uses being developed around the proposed interchange are lower in density than were anticipated, and the interchange is no longer needed. Development must adhere to the Zoning Ordinance relative to access and internal circulation. Access to major arterials, such as Old Hundred Road, should be controlled. The applicant has proffered to limit direct access from the property to Old Hundred Road to one (1) public road that aligns with Brandermill Parkway. (Proffered Condition 10.a) The Zoning Ordinance allows streets within townhouse developments to be privately maintained. Staff recommends that all of the main streets within this project be accepted into the State Highway System. Having these streets accepted into the State Highway System will ensure their long-term maintenance. The applicant has proffered that all streets which accommodate general traffic circulation will be designed and constructed to State (i.e., the Virginia Department of Transportation) standards and taken into the State System. (Proffered Condition 10.e) The traffic impact of this development must be addressed. The applicant has proffered to: 1) construct additional pavement along Old Hundred Road at the public road intersection to provide right and left turn lanes, 2) provide the full cost of traffic signalization of the Brandermill Parkway/Old Hundred Road intersection, and 3) dedicate any additional right-of-way required for these improvements. (Proffered Condition 1 O.b) 9 07SN0281-1v1A Y23-BOS Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has also proffered to contribute cash, in an amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic impact of this development (Proffered Condition 2). Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases anticipated in this area. There are no public road improvements for this area currently included in the Six-Year Improvement Program. A public high school is planned for property to the north. Several transportation conditions were included as part of the substantial accord determination for this high school. The applicant also proffered some of these conditions, including construction of turn lanes along Old Hundred Road and signalization of the Old Hundred RoadlBrandermill Parkway intersection. The need for these improvements will be determined when each proposed development (the high school and the subdivision) is submitted. Another condition of substantial accord, which was not proffered by the applicant, requires construction of a public road from Old Hundred Road to Genito Road to serve the school property. The applicant intends to use this road to access the proposed subdivision. During tentative subdivision plan review, specific recommendations will be made regarding connectivity, sidewalks, and the proposed internal street network. 10 07SN0281-1v1A Y23-BOS Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling 300* 1.00 Units Population Increase 816.00 2.72 Number of New Students Elementary 69.90 0.23 Middle 39.00 0.13 High 50.70 0.17 TOTAL 159.60 0.53 Net Cost for Schools 1,604,400 5,348 Net Cost for Parks 181,200 604 Net Cost for Libraries 104,700 349 Net Cost for Fire Stations 121,500 405 Average Net Cost for Roads 2,682,600 8,942 TOTAL NET COST 4,694,400 15,648 * Based on a proffered maximum yield of 300 dwelling units (Proffered Condition 6). 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, 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 to assist in defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 2) 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 Upper Swift Creek Plan which suggests the property is appropriate for a mix of regional-scale office, commercial, townhouse and multi-family residential uses. 11 07SN0281-1v1A Y23-BOS The Upper Swift Creek Plan Amendment is currently under reVIew. The Plan amendment, as drafted by Staff, also suggests regional mixed use. Area Development Trends: Area properties south of Genito Road and west of Route 288 are developed or planned for light industrial (Brandermill Trade Center) and public/semi public (Swift Creek Middle, new high school and church) uses, with the Old Hundred Mill And Brandermill Subdivisions located south and west of the subject property. It is anticipated that development of the subject property would provide appropriate land use transition from the mix of regional-based uses focused around the Route 288/Powhite Parkway interchange to the established residential communities located south and west along South Old Hundred Road Corridor. Density: Access: and Lot Size: Proffered Condition 6 limits the development to a maximum of 300 dwelling units, yielding a density of approximately 5.1 dwelling units per acre. Old Hundred Mill Subdivision, located south of, and adjacent to, the subject property, was recorded with the provision of a road (Mill Meadow Drive) stubbing to the southern portion of the subject property. Should this right of way provide sole access to the subject property, density and average lot size compatibility with lots in Old Hundred Mill Subdivision would need to be addressed. As such, the applicant has proffered that there will be no sole access to the proposed development through Old Hundred Mill Subdivision at any given time. (Proffered Condition 5) Construction Traffic: Proffered Condition 13 prohibits construction traffic through Old Hundred Mill Subdivision. This proffered condition will be difficult, if not impossible to enforce. Dwelling Size and Building Materials: Proffered Conditions 8 and 12 address minimum dwelling sizes and building materials. The proffers address percentages of minimum dwelling unit sizes. It should be noted that with the recordation of each section, staff will require that the minimum percentages be adhered to for each section. Parking and Driveways: The Ordinance requires the prOVISIon of two (2) off-street parking spaces for each dwelling unit. An exception is requested to permit parking within garages to be credited towards this minimum requirement (Textual Statement). While staff supports such exception since it reduces the amount of impervious area and therefore, the impact on 12 07SN0281-1v1A Y23-BOS water quality, the developer and future owners should be cautioned that it will not be possible in the future to convert garages into living space. Relief is also requested to curb and gutter and setback requirements for driveways and parking areas serving individual dwelling units (Textual Statement). These standards were designed to address larger parking areas and private drives serving multiple rather than individual townhouse units. As such, these exceptions would be appropriate. Buffers and Landscaping: The required buffer adjacent to Old Hundred Mill Subdivision would be recorded in open space. (Proffered Condition 7) Currently, the Subdivision Ordinance requires the provision of a fifty (50) foot buffer along South Old Hundred Road and a thirty (30) foot buffer along Brandermill Parkway Extended. To minimize the view of the rear of the townhouse lots from the intersection of South Old Hundred Road and Brandermill Parkway Extended, Proffered Condition 11 requires additional landscaping along Brandermill Parkway Extended within the buffer at this intersection. Restrictive Covenants: Recordation of restrictive covenants has been proffered. It should be noted that the County will only ensure the recordation of the covenants and will not be responsible for their enforcement. Once recorded, the covenants may be changed. (Proffered Condition 9) CONCLUSIONS The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the subject property and surrounding area is appropriate for a mix of regional-scale office, commercial, townhouse and multi-family residential uses. That mixture of development has and continues to be occurring with the Brandermill Trade Center and school uses occurring to the north. This development will provide an effective land use transition between those more intense regional uses and Nuttree Subdivision. 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. 13 07SN0281-1v1A Y23-BOS CASE HISTORY Applicant (4/9/07): Revisions to proffered conditions were submitted. Planning Commi ssi on Meeting (4/1 7 /07): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Mr. Wilson, the Commission recommended approval and acceptance of proffered condi ti ons on pages 2 through 5. AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson. The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under consideration this request. 14 07SN0281-1v1A Y23-BOS SECOND AMENDED AND RESTATED TEXTUAL STATEMENT CASE NO. 07SN0281 March 19, 2007 This is a request to rezone 59.4 acres of the Property under consideration to RTH with a Conditional Use Planned Development (CUPD) that will permit development of a townhouse community with the following exceptions: a. required parking for townhouses may include one (1) space within a townhome unit's garage; and b. driveways and parking areas for individual townhomes shall not be required to have curb and gutter nor be set back a minimum distance from the right-of-way of any existing or proposed public road. 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