08SN0108
September 18, 2007 CPC
October 24, 2007 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0108
Debonair Acres, LLC
Matoaca Magisterial District
Matoaca Elementary; Matoaca Middle; and Matoaca High Schools Attendance Zones
South line of Graves Road
REQUEST:Rezoning from Agricultural (A) to Residential (R-88).
PROPOSED LAND USE:
A single family residential subdivision is planned. The average actual lots
recorded in a Residential (R-88) District, utilizing public water and septic, is 0.36
units per acre, which would yield approximately eight (8) dwelling units on the
subject property. It is anticipated thatthis property will be combined with the
adjacent Residential (R-88) property to the south as one development.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A.The proposed zoning and land uses conform to the Southern and Western Area
Plan which suggests the property is appropriate for residential use of 1-5 acre lots,
suited to R-88 zoning.
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
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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: 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 CONDITIONSRECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
The Contract Purchaser-Applicant in this zoning 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 development of the property known as
Chesterfield County Tax Ids 767-619-5626 and 767-619-7931, subject to the following
conditions if, and only if, the rezoning requests for R-88 as set forth in the above heading and the
application filed herein is granted. In the event the request is denied or approved with
conditions not agreed to by the Contract Purchaser-Applicant, these proffers and conditions shall
be immediately null and void and of no further force or effect.
(STAFF/CPC) 1. 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 erosion devices have
been installed. (EE)
(STAFF/CPC)2.Utilities: The property shall be incorporated within the Overall
Water System Plan as stated in Proffered Condition 2 of Zoning
Case 07SN0342 to insure the uniformity of the utility conditions
for all of the properties. (U)
(STAFF/CPC) 3. 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, 2007. At
the time of payment, the $15,600 will be allocated pro-rata
among the facility costs as follows: $5,331 for schools, $602
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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, 2006 and
July 1 of the fiscal year in which the payment is made if
paid after June 30, 2007.
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 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)
(STAFF/CPC) 4. Dedication.
In conjunction with recordation of the initial subdivision plat, prior
to any site plan approval or within sixty (60) days from the date of a
written request by the Transportation Department, whichever occurs
first, thirty-five (35) feet ofright-of-way on the south side of
Graves Road, measured from the centerline of that part of Graves
Road immediately adjacent to the property, shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield County. (T)
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(STAFF/CPC) 5. Vehicular Access. Direct vehicular access from the property to
Graves Road shall be limited to one (1) public road. The exact
location of this access shall be approved by the Transportation
Department. (T)
(STAFF/CPC) 6. Road Improvements.
Thedevelopershall provide the followingroad improvements with
initial development of the property:
A)Construct additional pavement along Graves Road at the
approved access to provide left and right turn lanes.
B)Dedicate to Chesterfield County, free and unrestricted, any
additional right-of-way (or easements) required for the road
improvements identified in this Proffered Condition. In the
event the developer is unable to acquire the “off-site” right-
of-way necessary for these road improvements, the
developer may request, in writing, the county to acquire
such right-of-way as a public road improvement. All costs
associated with the acquisition of the right-of-way shall be
borne by the developer. In the event the county chooses
not to assist the developer in acquisition of the "off-site"
right-of-way, the developer shall be relieved of the
obligation to acquire the "off-site" right-of-way, and shall
only provide the road improvements that can be
accommodated within available right-of-way, as
determined by the Transportation Department. (T)
GENERAL INFORMATION
Location:
South line of Graves Road, southwest of Hickory Road. Tax IDs 767-619-5626 and
7931.
Existing Zoning:
A
Size:
23.9 acres
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Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, East and West – A; Single family residential or vacant
South- R-88; Vacant
UTILITIES
Public Water System:
The public water system is not immediately available to the request site. The request site
lies within the Southern and Western Area Plan and the use of the public water system is
required by County Code. A thirty (30) inch water line extends along the west side of
Church Road, approximately 4,400 feet east of the request site. The request site is located
within the Courthouse Tank pressure zone, and an extension from the thirty (30) inch line
will be necessary to develop this site. To insure the uniformity of the utility conditions
for all of the properties, the applicant has proffered that the property be incorporated
within the Overall Water System Plan with the adjacent R-88 zoning. (Proffered
Condition 2).
Public Wastewater System:
The public wastewater system is not available to serve the request site.The request site lies
within the area of anticipated R-88 development of theSouthern and Western Area Plan for
which the use of private septic systems is permitted.
Private Septic Systems:
Use of private septic tanks must be approved by the Health Department.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the west to a perennial stream and then via the perennial
stream through tributaries to Swift Creek.There are currently 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 control measures are in place prior to any land disturbance.
(Proffered Condition 1)
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Water Quality:
A perennial flow determination will need to be performed on the creek that flows from
east to west through the properties. If the stream is perennial, it will be subject to a 100
foot conservation area, inside of which uses are very limited.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in thePublic
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development
will have an impact on these facilities.
Fire Service:
ThePublic 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 (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on eight (8) 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 3)
The Phillips Fire Station, Company 13, 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 - 481, enrollment - 527; Matoaca Middle School zone:
capacity – 1,415, enrollment - 1,058; and Matoaca High School zone: capacity - 1,594,
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 on the elementary and high school
level. There are currently two (2) trailers at Matoaca Elementary and four (4) 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
future. The applicant has addressed the impact of the development on schools. (Proffered
Condition 3)
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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 the property noted in this case would most likely impact 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 libraries.
(Proffered Condition 3)
Parks and Recreation:
ThePublic Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the county.
The applicant has offered measures to address the impact of this proposed development
on the infrastructure needs of Parks and Recreation. (Proffered Condition 3)
Transportation:
The property (23.9 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential (R-88). Based on single-family trip rates, development
of the subject property could generate approximately 110 average daily trips. These
vehicles will be initially distributed along Graves Road, which had a 2005 traffic count of
738 vehicles per day.
TheThoroughfare Plan identifies Graves 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 Graves Road, in accordance with
thatPlan. (Proffered Condition 4)
Access to collectors, such as Graves Road, should be controlled. The applicant has
proffered that direct vehicular access from the property to Graves Road will be limited to
one (1) public road. (Proffered Condition 5)
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 streets. The applicant intends to use
most of the property for access to serve a 690-acre tract that was recently rezoned to R-
88. The entire length of the road through the property will probably need to be a
residential collector street. At time of tentative subdivision plat review, staff will evaluate
the proposed street network and provide specific recommendations per the Stub Road
Policy.
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The traffic impact of this development must be addressed. The applicant has proffered
that with initial development of the property left and right turn lanes will be constructed
along Graves Road at the approved public road intersection (Proffered Condition 6).
Acquisition of “off-site” right-of-way will be necessary to construct the turn lanes along
Graves Road. According to Proffered Condition 6, if the developer needs “off-site” right-
of-way for these proffered road improvementsand is unable to acquire it, the developer
may request the county to acquire the right-of-way as a public road improvement. All
costs associated with the acquisition will be borne by the developer. If the county
chooses not to assist with the right-of-wayacquisition, the developer will not be obligated
to acquire the “off-site” right-of-way, and will only be obligated to construct road
improvements within available right-of-way. (Proffered Condition 6)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Graves Road will be directly impacted by development of
the property. Sections of this road have nineteen (19) to twenty (20) foot wide pavement
with no shoulders. The capacity of Graves Road is acceptable (Level of Service B) for the
low volume of traffic it currently carries (738 VPD).
The applicant has proffered to contribute cash, in an amount consistent with the Board of
Supervisors’ Policy, towards mitigating the traffic impact of the development (Proffered
Condition 3). Proffered Condition 3 would also allow, upon mutual agreement of the
Transportation Department and the applicant, the applicant to provide road improvements
equal to the cost of the transportation part of the payment(s). This option will be
considered at time of tentative subdivision plat review.
As development continues in this part ofthe 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 Secondary Road Six-Year Improvement Plan.
The Virginia Department of Transportation’s (VDOT) “Chapter 527” regulations, dealing
with development Traffic Impact Study requirements, have recently been enacted. Staff
has been meeting with VDOT to attempt to understand the process and the impact of the
regulations. At this time, it is uncertain what impact VDOT’s regulations will have on
the development process or upon zonings approved by the county.
At time of tentative subdivision plat review, specific recommendations will be provided
regarding, among other things, access, the proposed internal street network and providing
stub road rights-of way to adjacent properties.
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Financial Impact on Capital Facilities:
PERUNIT
Potential Number of New Dwelling Units 8*1.00
Population Increase 21.762.72
Number of New Students
Elementary1.860.23
Middle 1.040.13
High 1.350.17
TOTAL4.260.53
Net Cost for Schools 42,7845,348
Net Cost for Parks 4,832604
Net Cost for Libraries 2,792349
Net Cost for Fire Stations 3,240405
Average Net Cost for Roads 71,5368,942
TOTAL NET COST 125,18415,648
*Based on an average actual yield of .36 dwelling units per acre. The actual number of dwelling
units and corresponding impactmayvary.
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. (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 Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1-5 acre lots (suitable to Residential (R-88)
zoning).
Area Development Trends:
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Area properties are zoned Agricultural (A) and Residential(R-88) and are occupied by
single family residences on acreage parcels or remain vacant. Residential development at
densities consistent with the Plan is expected to continue in this area.
Zoning History:
On July 25, 2007, the Board of Supervisors approved the rezoning of a 690 acre tract to
Residential (R-88) with a Conditional Use to permit a residential stock farm (keeping of
horses) on property located south of, and adjacent to, the request property (Case
07SN0342). A single family residential subdivision with a common equestrian area is
proposed. It is anticipated that the request property will be incorporated into this adjacent
R-88 tract, thereby providing an additional access to Graves Road to serve this proposed
development. It should be noted that equestrian use will not be permitted on the subject
property since a Conditional Use to allow such uses is not a part of this request.
Density:
No specific density has been proffered. The average actual lots recorded in a Residential
(R-88) District, utilizing public water and septic, is 0.36 units per acre, yielding
approximately eight (8) dwelling units on 23.9 acres.
CONCLUSIONS
The proposed zoning and land uses conform to the Southern and Western Area Plan which
suggests the property is appropriate for residential use of 1-5 acre lots (suitable to Residential (R-
88) zoning). 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.
CASE HISTORY
Planning Commission Meeting (9/18/07):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 4.
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AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, October 24, 2007, beginning at 6:30 p.m., will take
under consideration this request.
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