00SN0243-Oct24j.pdfREQUEST: (AMENDED)
PROPOSED LAND USE:
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October 24, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0243
(AMENDED)
James Baker
Clover Hill Magisterial District
South line of West Providence Road
Rezone from Agricultural (A) to Residemial (R-15).
A single family subdivision is planned. The applicant has agreed to a maximum
development of sixty-five (65) lots.
(NOTE: THE APPLICANT HAS REQUESTED A DEFERRAL TO THE BOARD'S
NOVEMBER 26, 2001, PUBLIC HEARING.)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: Messrs. Marsh and Gulley
ABSTENTIONS: Messrs. Litton, Cunningham and Gecker
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service
The proposed zoning and land use conforms to the Northem Area Land Use and
Transportation Plan which suggests the property is appropriate for residential use of
1.5 to 4.0 dwelling units per acre.
The proposed zoning and land use is representative of existing and anticipated area
residential development.
Ce
The proffered conditions address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
Specifically, the needs for schools, parks, libraries and fire stations is identified in the
County's adopted Public Facilities Plan, the Thoroughfare Plan and FY 2001-2005
Capital Improvement Program and the impact of this 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.
(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 SOLEY BY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF) 1. A maximum of sixty-five (65) lots shall be permitted. (P)
(STAFF) 2.
The exposed surfaces of all foundations for dwelling units shall be faced with
brick veneeri (BI)
(STAFF) 3. The public water and wastewater systems shall be used. (U)
(STAFF) 4.
The applicant, subdivider, or assignee(s) shall pay the following to the county
of Chesterfield at the time of building permit apPlication for infrastructure
improvements within the service district for the property:
A. $7,800.00 per dwelling unit, if paid prior to July 1, 2001; or
The amount approved by the Board of Supervisors not to exceed
$7,800.00 per dwelling unit adjusted upward by any increase, in the
Marshall and Swift building cost index between July 1, 2000 and-July
2 00SN0243/WP/OCT24J
(STAFF)
(STAFF)
(STAFF)
(STAFF)
(STAFF)
(STAFF)
10.
1 of the fiscal year in which the payment is made, if paid after jUne
30, 2001.
In the event the cash payment is not used for which proffered within 15 years
of receipt, the cash shall be returned in full to ~the payor. (B)
In conjunction with recordation of the frrst subdivision plat, forty-five (45)
feet of right-of-way on the south side of West Providence Road, measured
from the centerline of that part of West Providence Road immediately
adjacent to the property, shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield CoUnty. (T)
To provide an adequate roadway system at the time of complete
development, the owner/developer shall be responsible for the following:
Construction of additional pavement along West Providence Road at
Grey Oak Drive to provide a right and left mm lanes, if warranted
based on Transportation Department standards;
Bo
Relocation of the ditch to provide an adequate shoulder along the
south side of West Providence Road for the entire property frontage;
and
Dedication to Chesterfield CoUnty, free and unrestricted, any
additional right-of-way (or easements) required for the improvements
identified above. (T)
Prior to any road and drainage plan approval, a phasing plan for the required
road improvements, as identified in Proffered Condition 6, shall be submitted
to and approved by the Transportation Department. (T)
No direct access shall be provided from the property to West Providence
Road. (T)
Concrete curb and gutter shall be installed along all public roads constructed
to serve this development, with.the exception of the extension of Buteshire
Road and Loch Banif Road. (EE)
With the exception of timbering which has been approved by the Virginia
State Department of Forestry for the purpose of removing dead or diseased
trees, there shall be no timbering Until a land disturbance permit has been
obtained from the Environmental Engineering Department and the approved
devices have been installed. (EE)
3 00SN0243/WP/OCT24J
(STAFF) 11.
All residential lots having sole access to Loch Braemar subdivision shall have
an average area of not less than 20,000 square feet. Such development shall
not exceed a density of 1.9 lots per acre. (P)
(STAFF) 12.
All residential lots having sole access to Loch Haven subdivisiOn shall have
an average area of not less than 24,500 square feet. Such development shall
not exceed a density of 1.6 lots per acre. (P)
(STAFF) 13.
All residential lots shall have an average lot size of not less than 20,000
square feet. The entire development shall not exceed a density of 2.1 units
per acre. (P)
(STAFF) 14. All dwellings shall have a minimum gross floor area of 1,900 square feet. (P)
GENERAL INFORMATION
Location:
South line of West Providence Road, east line of Grey Oak Drive and at the western termini
of Loch Banif and Buteshire Roads. Tax ID 750-692-1404 and-8777 (Sheet 10).
Existing Zoning:
A
Size:
31.3 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - A and R-9; Single family residential or vacant
South- R-7 and A; Public/semi-public (Rockwood Park), Gregory's Pond or vacant
East - A and R-15; Single family residential, public/semi public (community recreation)
or vacant
West - A, R-12 and R-15; Single family residential or vacant
4 00SN0243/WP/OCT24J
UTILITIES
Public Water System:
The request site is adjacent to an existing sixteen (16) inch water line along the south side of
West Providence Road and adjacent to an existing eight (8) inch water line along the west
side of Grey Oak Drive. In addition, there is an existing six (6) inch water line along a
portion of Buteshire Road, approximately 220 feet east of the site. Use of the public water
system is intended and has been proffered. (Proffered Condition 3)
Public Wastewater System:
There is an existing fifty-four (54) inch wastewater trtmk line extending along Falling Creek
and across the southernmost portion of the request site. In addition, there is an existing eight
(8) inch wastewater collector serving Oak Hill Subdivision approximately 200 feet west of
the site. Use of the public wastewater system is intended and has been proffered. (Proffered
Condition 3)
ENVIRONMENTAL
Drainage and Erosion:
The property drains either directly into Gregory's Pond or under Grey Oak Drive, then via
tributaries to Falling Creek. The parcels are wooded and, as such, should not be timbered
until issuance of a land disturbance permit. This will ensure that adequate erosion control
measures are in prior to any land disturbance (Proffered Condition 10). There are no known
on- or off-site drainage or erosion problems.
Water Quality:
There is a Resource Protection Area (RPA) on the southernmost portion of the property
adjacent to Gregory's Pond.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the FY 2001-2005 Capital Improvement Program. This
development will have an impact on these facilities.
5 00SN0243/WP/OCT24J
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended for
construction by 2015 in the Public Facilities Plan. Based on sixty-five (65) homes, this
request will generate approximately ten (10) emergency calls for fire and rescue services
each year. The impact on fire service has been adequately addressed. (Proffered Condition
4)
This property is currently served by the Wagstaff Circle Fire/Rescue Station, Company
Number 10 and Manchester Rescue Squad.
When the property is developed, the number of hydrants and quantity of water needed for
fire protection will be evaluated during the plans review process. The Subdivision Ordinance
requires that when the cumulative number of lots within the development exceeds fifty (50)
and/or when the number of lots in any section or phase exceeds fifty (50), a second public
road access to all dwellings must be prOvided. This requirement is necessary to provide
emergency vehicles a second access to the homes should one (1) access become blocked.
Schools:
Approximately thirty-seven (37) students will be generated by the proposed development.
This site lies in the Providence Elementary School attendance zone: capacity -750,
enrollment- 627; Providence Middle School attendance zone: capacity -1,070, enrollment-
1,154; and Monacan High School attendance zone: capacity - 1,750, enrollment -'1,524.
Providence Middle School currently has seven (7) trailers.
This development will have an impact on area schools. The applicant has agreed to
participate in the cost of providing for area school needs. -(Proffered Condition 4)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed on a County-wide basis. Based on projected population growth, the
Public Facilities Plan identifies a need for additional library space-throughout the County.
Taking into account the additional space provided by the two (2) currently funded projects,
the new La Prade and Chester Libraries, there is still a projected need for 55,000'additiOnal
square feet of library space County-wide by 2015.
The proposed development would most likely have a direct effect on the existing La Prade
and Clover Hill Libraries. The Public Facilities Plan identifies aneed for additional library
space in the Clover Hill service area and for a new branch in the vicinity of Lucks Lane. The
impact on library needs has been adequately addressed. (Proffered Condition 4)
6 00SN0243/WP/OCT24J
Parks and Recreation:
The Public Facilities Plan identifies the need for two (2) new regional parks. In addition,
there is currently a shortage of community park acreage in the northern area. The Plan
identifies a need for 120 acres of community park space.by 2015. The impact on Parks and
Recreation-facilities has been adequately addressed. (Proffered Condition 4)
Transportation:
The applicant has proffered a maximum density of sixty-five (65) lots (Proffered Condition
1). Based on single family trip rates, development could generate approximately 700
average dally trips. These vehicles will be distributed along West Providence Road which
had a 2000 traffic count of 6,800 vehicles per day.
The Thoroughfare Plan identifies West Providence 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, measured from the centerline of West Providence Road,
in accordance with that Plan. (Proffered Condition 5)
Access to major arterials, such as West Providence Road, should be controlled. The
applicant has proffered that no direct access will be provided from the property to West
Providence Road (Proffered Condition 8). Access to West Providence Road is.anticipated
to be provided via Grey Oak Drive that currently serves the adjacent subdivision to the west.
(Oak Hill)
In conjunction with recordation of the adjacent subdivision to the east (Loch Braemar), two
(2) stub road rights of way (Buteshire Road and Loch Banif Road) were recorded to the
subject property. The Planning Commission's Stub Road Policy suggests that subdivision
streets projected to carry 1,500 vehicles per day or more should be designed and constructed
as "no-lot frontage" roads. At time of tentative subdivision review, staff will evaluate the
appropriateness of allowing additional lots to access the adjacent subdivision streets and
make recommendations in accordance with the Stub Road Policy.
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered to: 1) construct additional pavement along West
Providence Road at the Grey Oak Drive intersection to provide left and right mm lanes,
based on Transportation Department standards; and 2) relocate the ditch to provide an
adequate shoulder along the south side of West Providence Road for the entire property
frontage (Proffered Condition 6). In constructing the required mm lanes, the developer may
need to acquire "off-site" right of way.
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads need to be improved to address safety and
7 00SN0243/WP/OCT24J
accommodate the increase in traffic generated by this development. The applicant has
proffered to contribute cash towards mitigating this traffic impact. (Proffered Condition 4)
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New DWelling Units 65' 1.00
Population Increase 178.75 2.75
Number of New Students
Elementary 16.90 0.26
Middle 8.45 0.13
High 10.40 0.16
TOTAL 35.75 0.55
Net Cost for Schools 233'545 3,593
Net Cost for Parks . . ' 52,585 809
Net Cost for Libraries 16,510 254
Net Cost for Fire Stations 16,575 255
Average Net Cost for Roads 21.1,380 3;252
TOTAL NET COST I 530'5951 8,163
*Based on a proffered maximum number of dwelling units. (Proffered Condition 1)
As noted, this proposed developed 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,
$8,163 per unit. The applicant has been advised that a maximum proffer of $7,800 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 4)
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.
8 00SN0243/WP/OCT24J
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Land Use Plan which suggests the property
is appropriate for residential use of 1.5 to 4.0 dwelling units per acre.
Area Development Trends:
Area properties are zoned agriculturally and residentially and are characterized by single
family residences on acreage parcels and within subdivisions, a public Park and vacant land.
It is anticipated that residential zoning and land use patterns will continue in the area.
Site Design:
The request property abuts Loch Braemar and Loch Haven Subdivisions to the east which are
zoned Residential (R-15) and must comply with (R-15) development standards. The request
property abuts Oak Hill Subdivision to the west which is zoned Residential (R-12) and must
comply with (R-12) development standards. Proffered Condition 9 would prohibit direct
access from the property to West Providence Road. Access to the property could be
provided from Grey Oak Drive as well as through the Loch Braemar and Loch Haven
Subdivisions. The applicant has proposed a maximum of sixty-five (65) lots, yielding an
overall maximum densitY of 2.1 lots per acre. (Proffered Conditions 1 and 13)
Further, the use of concrete curb and gutter is proposed for all public roads constructed to
serve the development (Proffered Condition 9). The adjacent roads within Loch Braemar
and Loch Haven Subdivisions are constructed with roadside ditches. To maintain
consistency, this proffered condition woUld not apply to the extension of Buteshire and Loch
Banif Roads from these adjacent developments. It should be noted, however, that the
Subdivision Ordinance currently requires installation of curb and gutter where any lot, except
those on the bulb ora cul-de-sac has less than 100 feet of public road frontage or where the
average frontage for all lots is less than 100 feet, unless an excePtion is granted through the
tentative process. Proffered Condition 9 would not relieve the requirement to provide curb
and gutter along Buteshire or Loch Banif Roads if the above requirements are not met.
Dwelling Size and Architectural Treatment:
In an effort to address concerns ofadjacent property owners, the applicant has proffered that
all dwellings will contain a minimum gross floor area of 1,900 square feet and have a surface
treatment of brick veneer for exposed foundations. (Proffered Conditions 2 and 14)
9 00SN0243/WP/OCT2~J
Comparison of Area Lot Sizes and Densities:
In an effort to address compatibility with adjacent subdivision developments, the applicant
has proffered conditions relative to lot sizes and densities. All lots will have an average lot
size of not less than 20,000 square feet. Further all lots having sole access to Loch Braemar
Subdivision will have a minimum lot area of 15,000 square feet, an average lot area of not
less than 20,000 square feet and a density not to exceed 1.9 lots per acre. In comparison, lots
within Sections A and C of Loch Breaemar Subdivision, through which access to Buteshire
Road is provided, have an average lot size of 19,200 square feet and a density of 1.9 lots per
acre. Further, all lots having sole access to Loch Haven Subdivision will have an average lot
area of not less than 24,500, square feet and will not exceed a density of 1.6 lots per acre. In
comparison, lots within Loch Haven Subdivision, through which access to Loch BanifRoad
is provided, have an average lot size of 24,412 square feet and a density of 1.6 lots per acre.
Therefore, lots having sole access through Loch Braemar, Sections A and C, and Loch Haven
Subdivisions will meet or exceed the average lot area and have a density equal to or less than
these adjacent developments.
Oakhill Subdivision, located west of, and adjacent to, the subject property contains an
average lot size of 27,212 square feet and a density of 1.4 lots. per acre. Although Grey Oak
Drive will serve both communities, access to the subject property is not through that portion
of Oakhill Subdivision developed as lots. Therefore, no proposed lots will have their sole
access through that portion of the development. (Proffered Conditions 11, 12, and 13)
CONCLUSIONS
The proposed zoning and land use conform to the Northem Area Land Use and Transportation Plan
which suggests the property is appropriate for residential use of 1.5 to 4.0 dwelling units per acre. As
proposed, the current request would yield an overall density of 2.1 lots per acre 'consistent with
densities established in the Plan. Further, lots developed with their sole access through Loch
Braemar and Loch Haven Subdivisions would yield densities of 1.9 and 1.6 lots per acre,
respectively, conforming to existing residential development patterns within these adjoining
subdivisions.
The proffered conditions address the impact of this development on necessary capital facilities, as
outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for schools, parks,
libraries and fire stations is identified in the County's adopted Public Facilities Plan, the
Thoroughfare Plan and FY 2001-2005 Capital I-mprovement Program and the impact of this
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.
Given these considerations, approval of this request is recommended.
10 00SN0243/WP/OCT24J
CASE HISTORY
Planning Commission Meeting (11/16/00):
Although the applicant requested a deferral to the Commission's January 16, 2001, public
heating, the Commission held a public hearing. There was opposition present. Concerns
were expressed relative to density, lot and dwelling sizes, road connections and increased
traffic along West Providence Road and existing area subdivision roads.
Mr. Gulley indicated that the applicant has previously received a written list of concerns
from neighborhood representatives, but had elected to proceed with the current proposal and,
therefore, he had decided to proceed with the public hearing; that the proposal needed further
modification to address neighborhood concerns; and that a deferral to the Commission's
February 20, 2001, public hearing wOuld provide time for the applicant to continue
discussions with the neighborhood and modify the proposal to address concerns.
TherefOre, at the request of the applicant, the Commission deferred this case to February 20,
2001.
Staff (11/17/00):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than November 27, 2000, for consideration at the Commission's
February public heating. Also, the applicant was advised that a $150.00 deferral fee must be
paid Prior to the Commission's February public hearing.
Applicant (12/13/00):
The $150.00 deferral fee was paid.
Staff, Applicant, Area Residents and Clover Hill District Commissioner (1/18/01):
A meeting was held to discuss' area residents' concerns. It was generally agreed that the
applicant would revise the proffered conditions to address several of these concerns.
11
00SN0243/WP/OCT24J
Applicant (1/18/01, 1/22/01 and 1/24/01):
The applicant requested a deferral to the Commission April 17, 2001, public hearing to allow
additional time to respond to area residents' concerns. The application was amended to
request Residential (R-15) zoning and revised proffered conditions were submitted.
A meeting is scheduled for February'8, 2001 with area residents to discuss the amended
application and proffered conditions.
Staff, Applicant, Area Residents and Clover Hill Planning Commissioner (2/8/01):
A meeting was held to discuss the applicant's revised proffered conditions and amended
application. It was generally agreed that a follow up meeting would be necessary subsequent
to the applicant providing additional information to the area residents.
Planning Commission Meeting (2/20/01):
At the'request of the applicant, the Commission deferred this case to May 15, 2001..
Staff (2/21/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than March 12, 2001, for consideration at the Commission's May
public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior
to the Commission's May public hearing.
Applicant (3/7/01):
The $150.00 deferral fee was paid.
Applicant (4/25/01):
The applicant requested a deferral to the Commission's June 19, 2001, public hearing to
allow additional time to respond to area residents' concerns. Further, the applicant requested
that the proffered conditions submitted January 22, 2001, not be processed in anticipation of
modifications.
12 00SN0243/WP/OCT24J
A meeting is scheduled'for May 8, 2001, with area residents to discuss the proffered
conditions.
Staff, Applicant, Area Residents and Clover Hill Planning Commissioner (5/8/01):
A meeting was held to discuss the applicant's proffered conditions submitted January 22,
2001. It was generally agreed that a follow up meeting would be necessary subsequent to the
applicant modifying the proposed proffered conditions.
Planning Commission Meeting (5/15/01):
At the request of the applicant, the Commission deferred this case to June 19, 2001.
Staff (5/17/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than May 23, 2001, for consideration at the Commission's June public
hearing. Also, the applicant was advised that a $250.00 deferral.fee must be paid prior to the
Commission's June public hearing.
Staff (5/24/01):
The applicant continues to work on revisions to the proffered Conditions.
Applicant (5/30/01):
The $250.00 deferral fee was paid.
Planning Commission Meeting (6/19/01):
On their own motion, the Commission deferred this case to August 21, 2001. This deferral
was to permit the applicant time to respond to area residents' concerns.
13 00SN0243/WP/OCT24J
Staff (6/20/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than June 25, 2001, for consideration at the Commission's August
public hearing.
Staff (7/27/01):
The applicant continues to work with area residents on revisions to the proffered conditions.
Staff, Applicant and Area Residents (8/8/01):
A meeting was held to discuss the applicant's proposed revisions to the proffered conditions
submitted January 22, 2001. Area residents continued to express concerns relative to the
applicant's proposed lot sizes, dwelling sizes and individual lot access to Grey Oak Drive.
Planning Commission Meeting (8/21/01):
The applicant requested a deferral to the Commission's September 18, 2001, public hearing
to allow time to submit revised proffered conditions.
Staff (8/22/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than August 24, 2001, for consideration at the Commission's
September public hearing. Also, the applicant was advised that a $250.00 deferral fee must
be paid prior to the Commission's September public hearing.
Applicant (8/21/01 and 8/31/01):
Revised and additional proffered conditions were submitted.
Applicant (9/15/01):
The $250.00 deferral fee was paid.
14 00SN0243/WP/OCT24J
Planning Commission Meeting (9/18/01):
The applicant accepted Staff?s recommendation, but did not accept the Planning
Commission's recOmmendation.
There was opposition present. Concems were expressed relative to density; house size; and
possible road connections between Grey Oak Drive through the property to Loch Braemar
and Loch Haven Subdivisions.
Mr. Gulley stated that in his opinion the proposal was not compatible witth existing area
development with respect to density and lot size. He further expressed concern relative to
fire and safety due to limited access to the property. He also noted that the alignment of
Providence Road in this area caused him some safety concerns.
Messrs. Marsh, Litton, Cunningham.and Gecker expressed concern.that the applicant and
area'residents had been unable to reach a compromise. It was their general agreement that
they felt there should be Some solution to the concerns.
On motion of Mr. Gulley, seconded by Mr. Marsh, the Commission. recommended denial of
this request.
AYES: Messrs. Marsh and Gulley
ABSTENTIONS: Messrs. Litton, Cunningham and Gecker
Applicant (10/8/01):
The applicant submitted a request for deferral of this case to the Board's November 26, 2001,
public hearing.
The Board of Supervisors, on Wednesday, October 24, 2001, beginning at 7:00 p.m., will take under
consideration of this request.
15 00SN0243/WP/OCT24J
A
;A
A
C
R-7
ROCKWOOD
PARK
GREGORY'S POND
A
1'4
600 0 600 Feet
00SN0243 (AMENDED)
Rezoning: A TO R-15
Sheet #: 10