Loading...
01SN0201-Oct24h.pdf~ ..... ,~, ~nn, CPC September 26, 200! _.nS October 24, 2001 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 01SN0201 DuVal Investments, Inc. Matoaca Magisterial District Off the west line of Elko Road REQUEST: Rezoning from Agricultural (A) to Residential (R-25). PROPOSED LAND USE: A single family residential subdivision is planned. The applicant has agreed to limit development to a maximum density of 0.5 dWelling units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 4. STAFF RECOMMENDATION Recommend denial for the following reasons: A. Although the proposed zoning and land use conform to the Southern and 'Western Area Plan which suggests the property is appropriate for residential use of 1 to 5 acre lots, the application falls to address the Thoroughfare Plan with respect to the construction of a proposed North/South Arterial that bisects the Subject property. B. The proposed land dedication addressed in Proffered Condition 9 exceeds that which~ is necessary and beneficial to Parks and Recreation Department for the construction' Providing a FIRST CHOICE Community Through Excellence in Public Service. of a linear trail along Swift Creek, consistent with the recommendations of the Southern and Western Area Plan. The proffered conditions do not adequately address the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the transportation, schools, parks, libraries and fire stations as identified in the Public Facilities Plan, the Thoroughfare Plan and FY 2002-2007 Capital Improvements Program and the impact of this development are discussed herein. The proffered conditions do not adequately mitigate the impact of this development on parks and schools facilities and thereby ensure that adequate service levels are maintained as necessary~to protect the health, safety and welfare of County citizens. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER 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 (cPc) 1. 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 with in the service district for the property: A. $6,995.00 per dwelling unit, if paid prior to July 1, 2002; or. B. The amount approved by the Board of Supervisors not to exceed $6,995.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift building cost index between July 1, 2001, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2002. In the event the cash payment is not used for which proffered within 15 year of receipt, the cash shall be returned.in full to the payor ($7,800.00 less $805.00 parks). (B&M) (cPc) 2. (CPC) 3. 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) Development shall not exceed a density of 0.5 dwelling units per acre. (P) 2 01sN0201/WP/OCT~H (CPC) 4. The minimum lot size shall be one (1) acre. (P) (CPC) 5. Dwelling units shall have a minimum gross floor area of 1600 square feet except for two (2) story unitS which shall have a minimum gross floor area of 2100 square feet. (P) (CPC) 6. All exposed portions of the foundation of each dwelling shall be covered with brick or stone veneer or drivit type materials. (P) (CPC) 7. The fifty (50) foot buffers required in accordance with the SubdiVision Ordinance along both sides of the North/SoUth Arterial shall be located within recorded open space. (P) (CPC) 8. A pedestrian connection shall be provided from the Property to the school property. The exact location and treatment shall be approved by the Parks and Recreation Department. This pedestrian connection shall be in addition to those sidewalks provided in accordance with the Commission's Residential Sidewalk policy. (P&R) (CPC) 9. In conjUnction with the recordation of the first subdivision plat, approximately seven and eighty-one hUndredths (7.8) acres, adjacent to Swift Creek as shown on the "Exhibit A', shall be dedicated, free and unrestricted, except as qualified herein, to and for the benefit of Chesterfield CoUnty. The exact boundary and acreage will be determined at the time of tentative subdivision review and approval. (P&R) (NOTE: PROFFERED CONDITION 10 IIAS BEEN MODIFIED SUBSEQUENT TO TI-IE COMMISSION'S CONSIDERATION OF TI-IIS REQUEST. SHOULD THE BOARD WISH TO APPROVE THIS REQUEST, IT WOULD BE APPROPRIATE TO ACCEPT PROFFERED CONDITION 10, AS MODIFIED.) (CPC) 10. In conjunction with recordation of the initial subdivision plat, a ninety (90) foot wide right-of-way and any additional right-of-way to cross Swift Creek for the north/south arterial ("North/South Arterial") through the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location and width of this right-of-way shall be approved by the Transportation Department. (T) 10. Prior to the dedication required by Proffered Condition #9, a ninety (90) foot wide right-of-way and any additional right-of-way to cross Swift Creek for the north/south arterial ('~lorth/South Arterial") through the property, shall 3 01SN0201/WP/OCT24H be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location and width of this right-of-way shall be approved by the Transportation Department. (T) (CPC) 11. Direct access from the property to North/South Arterial shall be limited to three (3) public roads, as generally shown on Exhibit A. The exact location of these accesses shall be approved by the Transportation Department. (T) (CPC) 12. To provide an adequate roadway system, the developer shall be responsible for the following: a. Construction of two (2) lanes of North/SoUth Arterial, to VDOT Urban Minor Arterial Standards (50 mph) with modifications approved by the Transportation Department, from the southern property line northward for a distance of approximately 2000 linear feet, as generally shown on Exhibit A. The exact length of this road shall be approved by the Transportation Department. In addition, a cash payment of $200.00 per linear feet shall be provided to Chesterfield County towards construction of the section of the North/South Arterial from the northern terminus of the developer's construction of the North/South Arterial to the northern property line of the required site. b. Construction of additional pavement along North/South Arterial at each approved access to provide left and right turn lanes, if warranted based on Transportation Department standards; and c. Dedication to Chesterfield .County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. (T) (CPC) 13. Prior to any construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 12, shall be submitted to and approved by the Transportation Department. (T) GENERAL'INFORMATION Location: Offthe westline of Elko Road, north of Vinewood Drive. Tax ID 784-629-7820 (Sheet 41). Existing Zoning: A 4 01SN0201/WP/OCT24H Size: 135 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North - A; Single family residential or vacant South - A; Public School (new Matoaca High School) East - R-88 and A; Single family residential or vacant West - A; Vacant UTILITIES Public Water System: There is a twelve (12) inch water line now under construction in conjunction with the new Matoaca High School, approximately 2,300 feet south ofthis site. This twelve (12) inch water line extends along the Matoaca High School access road. The request site is within the Southem and Westem Area Land Use Plan area which requires use of the public water system. Use of the public water system is required by County Code. The applicant is committed by recorded sales agreement (D.B: 3289, Pg. 611) to pay their proportionate share of the cost of extending an off-site sixteen (16) inch water line along Woodpecker Road .from- Bixby Lane to the access road at the new Matoaea High School. This sixteen (16) inch water line was deSigned to serve the new Matoaea High School as well as the applicants' site. The developer's share of the water line cost is to be made to the County at such time as the applicant sells any portion of the request site, or a request is made for eouneetion to public water. Public Wastewater System: The public wastewater system is not available to serve the request site. The request site is within that portion of the Southern and Western Area Land Use Plan area that permits the use of private septic systems. Use of private septic systems is intended. 5 01SN0201/WP/OCT24H Private Septic System: To date, the Health Department has not received any soils analysis for the property. Prior to recordation of the subdivision plat, the developer must submit soils analysis for each lot to the Health Department for review and approval. ENVIRONMENTAL Drainage and Erosion: There are currently no on- or off-site erosion problems. The property is heavily wooded and, as such, should not be timbered until the issuance of a land disturbance permit. This will ensure that proper erosion control measures are in place prior to any farnbering. (Proffered Condition 2) Water Quality: The property is bounded by Swirl Creek to the north and by an unnamed perennial stream to the east. The property drains into Swift Creek or the adjacent perennial stream. It should be noted that these perennial streams are sUbject to 100 foot conservation areas. 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 2002-2007 Capital improvement Program. This development will have an impact on these facilities. Fire Service: Based on a maximum of sixty-seven (67) dwelling units, this request will generate approximately twenty-four (24) calls for fire and rescue service each year.. The impact on these facilities has been addressed; (Proffered Condition 1) This property is Currently served by Fire Station 12 in Ettriek. Emergency medical service is provided by Fire/Rescue Station 8.and Ettriek-Matoaea Volunteer Rescue squad in Matoaea. 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. Currently, the Subdivision Ordinance requires that When the cumulative total of homes served by a local street exceeds fifty (50), a second public road access to all dwellings be provided or that a no lot frontage collector road be constructed through the development. This requirement is necessary to provide emergency vehicles a second access to homes should one (1) access become blocked. The proffered conditions relative to the construction 6 01SN0201/WP/OCT24H of the North/South Arterial fails to satisfy the requirements of the Subdivision Ordinance for a no lot frontage road through the development since the construction terminates south of the northern property line. (Proffered Condition 12.a.) Schools: Approximately thirty-seven (37) school age children will be generated by this development. The site lies in the Ettrick Elementary School attendance zone: capacity - 650, enrolhiaent - 536; Matoaca Middle School zone: capacity - 720, enrollment - 544; and Matoaca High School zone: capacity - 820, enrollment -,672. This develOpment will have an impact on area schools. The applicant has not agreed to fully address the cost of providing for area school needs. (Proffered Condition 1) Libraries: Consistent with 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. 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 impact on library needs has been adequately addressed. (Proffered Condition 1) Parks and Recreation: The Public Facilities Plan identifies the need for two (2) new regional parks. The Plan identifies the need for 116 acres of community park.space by 2015. The Southern and Western Area Plan recommends the preservation of linear parks along Swift Creek and other tributaries of the Swift Creek Reservoir. These stream corridors provide long natural open spaces that can easily accommodate hiking trails while supplying needed park acreage in the area. Therefore, to preserve these natural waterways, protect :water quality and provide for greenways, consideration should be given to provision of a thirty 00) foot easement to accommodate construction of a trail along Swift Creek through the northern limits of the property for the purpose of developing this linear park system. The exact location would be determined at .the time of subdivision review to insure that topographic conditions and other natural land features would accommodate this proposed pedestrian trail within the limits of dedication. The applicant has proffered to dedicate a 7.8 acre tract adjacent to Swift Creek, as shown on the attached plan (Proffered Condition 9). This area exceeds what has been determined to be usable by the County for the.establishment of the linear trail system. Further, the property's 7 01SN0201/WP/OCT2AH predominately encompaSsed by floodplain/wetlands, thereby hindering Parks and Recreation's ability to use the excess property. The Parks and Recreation Department recommends that this proffer not be accepted. Therefore, the impact on Parks and Recreations facilities haS not been adequately addressed (Proffered Condition 1). As an alternative, staff would entertain a proposal to dedicated land or grant an eaSement which would be of sufficient width, and at an acceptable location, to accommodate a linear trail. The applicant haS proffered the provision of a pedestrian connection from this development to the new Matoaca High School to facilitate access to future areaS of activity (Proffered Condition 8). This sidewalk would be in addition to those provided in accordance with the Commission's Residential Sidewalk Policy. Transportation: The applicant haS proffered a maximum density of 0.5 units Per acre (Proffered Condition 3). This proffer would permit development of sixty-seven (67) residential units on the property. Based on single family trip rates, this development could generate approximately 720 average daily trips. These vehicles will be distributed through the adjacent propertyto the' south(site of the new Matoaca High School) to Woodpecker Road. which had a 2000 traffic count of 3,937 vehicles per day. The Thoroughfare Plan identifies'a north-south major arterial ("the North/South Arterial"), with a recommended right of way width of ninety (90) feet, extending through the property. Staff does not support this zoning request, because the applicant is unwilling to commit to providing the entire North/South Arterial through the subject property. The North/South Arterial is a proposed major north-south roadway for this area of the County. 'The road is planned to extend from River Road, north to Branders Bridge Road. The site of the new MatoacaHigh School is located south/south-east of the subject property. As part of Substantial Accord approval for the new school, conditions were imposed that required the dedication of a ninety (90) foot wide fight of way, and construction of two (2) lanes for the North/South Arterial through the school property. The ninety (90) foot wide right of way has been dedicated across the eastern end of that property, .and school administration is committed to its construction. This right of way stubs into the southern boundary of the subject property. The centerline of Swift Creek forms the northern boundary · of the subject property. The applicant/has proffered to dedicate a ninety (90) foot wide right of way and any additional right of way to cross Swift Creek for ~the North/South Arterial (Proffered Condition 10). The applicant haS also proffered to dedicate 7.8 acres adjacent to Swift Creek, aS shown on Exhibit A (Proffered Condition 9). The intent of this dedication is for that property to serve aS part ofthe Parks and Recreation Department's Greenway system. If this land dedication becomes a park/greenway, it may be very difficult to construct the North/South Arterial across Swift Creek. Subsequent to the Planning Commission's public 8 01SN0201/WP/OCT24H hearing, the applicant amended Proffered Condition 10 to ensure that the dedication of right of way for the North/South Arterial occurs prior to the park dedication. The applicant is not willing to provide for the construction of the North/South Arterial through the entire length of the subject property. The applicant has proffered to construct two (2) lanes of North/South Arterial from the southern property line, north for a distance of approximately 2,000 feet, as generally shown on Exhibit A (Proffered Condition 12.a.). This proffer does not provide for the construction of approximately 250 feet of the North/South Arterial at the northern boundary of the subject property and across part of Swirl Creek. Constructing the North/South Arterial across Swift Creek will require a substantial structure, probably a bridge. As an alternative to constructing this section ofthe North/South Arterial, the applicant could provide funds to the County for the total cost of the construction including the cost for a section of the bridge that is within the boundary of the subject property. These funds could later be applied towards constructing the entire bridge stmcture for the North/South Arterial across Swirl Creek. The applicant has proffered to contribute $200.00 per linear foot for the section of the North/South Arterial that will not be constructed by the developer. These funds are not sufficient to cover the cost of the'future bridge section. Access to major arterials, such as the North/South Arterial, should be controlled. The applicant has proffered that direct access to this road will be limited to three (3) public roads, as generally shown on Exhibit A (Proffered Condition 11). The applicant has also proffered to construct left and right turn lanes along the North/South Arterial at each approved access, if warranted based on Transportation Department standards. (Proffered Condition 12.b.) 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 accommodate the increase in traffic generated by this development. The applicant has proffered to contribute cash towards mitigating this traffic impact. (Proffered Condition 1) Since adoption of the Thoroughfare Plan in 1989 by the Board of Supervisors, staff has consistently recommended that roads identified on the Plan be constructed through the entire boundary of each proposed development. Without a commitment to provide for the entire construction of the North/South Arterial through the subject property, the Transportation Department cannot support this request. 9 01SN0201/WP/OCT24H Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 67 * 1.00 Population Increase 182.91 2.73 Number of'New Students Elementary 16.35 0.24 Middle 8.71 0.13 High 10.72 0.16 TOTAL 35.78 0.53 Net Cost for Schools 240,932 3,596 Net Cost for Parks 54,404 812 Net Cost for Libraries 18,894 282 Net Cost for Fire Stations 21,105 315 Average Net Cost for Roads 191,821 2,863 *Based on a proffered density of 0.5 dwelling units per acre. (Proffered Condition 3) 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 $7,868 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. The applicant has offered $6,995.00 per unit and the dedication of a approximately 7.8 acres to assist in defraying the cost of this proposed development on the school, road, park, library and fire station facilities (Proffered Conditions 1 and 9). The applicant has proffered the dedication of more land than what is useable as described in the Parks and Recreation section of this report. The applicant has also placed a value on the land in excess of its fair market assessed value and what has been calculated in accordance with the Board's policy. These proffers are insufficient to address the impacts resulting from the proposed development as further described by specific departments in the applicable sections of this request analysis. Accordingly, the County's ability to provide capital facilities to its citizens will be adversely impacted. 10 01SN0201/WP/OCT24H The Planning Commission and the Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this ease that may justify acceptance of proffers as offered. 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 to 5 acre lots. Area Development Trends: Properties to the north, south and west are zoned Agricultural (A) and are occupied by a single family dwelling, public/semi public uses (new Matoaea High School) or are vacant. PrOperty to the east is zoned Agricultural (A) and Residential (R-88) zoning and has been developed for single family residential uses or remains vacant. It is anticipated that residential development will continue in this immediate area, consistent with the Plan. Density: The applicant has proffered a maximum density of 0.5 units per acre (Proffered Condition 3). This results in a maximum of sixty-seven (67) lots that can be developed on the subject 134 acres. Further, each lot will contain a minimum of one (1) acre. (Proffered Condition 4) Dwelling Size and Architectural Treatment: The applicant has proffered a minimum gross floor area of 1,600 square feet for all dwelling units except.two (2) story units which will have a minimum of 2,100 square feet. (Proffered Condition 5) The applicant has proffered conditions to address the treatment of exposed portions of the dwelling foundations. (Proffered Condition 6) Buffers: The Subdivision Ordinance requires that a fifty (50) foot buffer be maintained along each side of the prOposed North/South Arterial. This buffer may be included within the boundaries of individual lots. It has been staff's experience that individual homeowners tend to clear these areas resulting in a zoning violation on that individual lot. To preserve the integrity of these buffers, the applicant has proffered that these areas be provided in open 11 01SN0201/WP/OCT24H space, thereby becoming the responsibility of the homeowners' association. (Proffered Condition 7) CONCLUSIONS Although the proposed zoning ad land use conform to the Southern and Western Area Plan which suggests the property is appropriate for residential use of 1 to 5 acre lotS, the application fails to address the Thoroughfare Plan with respect to the entire construction of a proposed North/South Arterial that bisects the subject property. The proposed 7.8 acre land dedication addressed in Proffered Condition 9 exceeds that which is necessary and beneficial to Parks and Recreation Deparmaent for the construction of a linear trail along Swift Creek consistent with.the recommendations of the Southern and Western Area Plan. The proffered conditions do not adequately address the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need for transportation, schools, parks, libraries and fire stations as identified in the County's adopted Public Facilities Plan and FY 2002-2007 Capital Improvements Program and the impact of this development is discussed herein. The proffered conditions do. not adequately mitigate the impact of this development on schools and parks' facilities and thereby ensure that adequate service levels are maintained as necessary to protect the health, safety and welfare of County citizens Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (8/21/01): The applicant accepted the Planning Commission's recommendation. The~e was opposition present. The individual in opposition expressed concerns relative to increased traffic on Woodpecker Road; the need to address improvements on this road; lack of notification of non-adjacent property owners of meetings on this case; lack of time to reView modifications to proffered conditions. There was discussion relative to the proposed North/South Arterial; the County's policy with respect to developers building portions of Thoroughfare roads located within their property; the construction costs associated with the North/South Arterial through the subject property, including the creek crossing; and the alternative of providing funds to the County to cover the cost of this construction at a future time. 12 01SN0201/WP/OCT24H Mr. Gecker expressed reservations in acting on this case due to neighborhood concerns. Messrs. Gulley and Cunningham expressed concern relative to the transportation network. Mr. Marsh indicated the proposed development should be one of quality, would blend well with the neighborhood and was comfortable moving forward with the application. Mr. Litton indicated that he was also comfortable acting on this request. On motion of Mr. Marsh, seconded by Mr. Litton, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 4. AYES: Messrs. Marsh, Litton and Cunningham ABSTENTIONS: Messrs. Gecker and Gulley Matoaca District Supervisor, Area Citizens, Applicant and Staff (9/17/01): A meeting was held to disCUss the proposed rezoning. Concerns were expressed relative to the requested "R-25" zoning classification withproffered conditions limiting density and lot sizes in lieu of the "R-88" zoning classification, as suggeste .d by the Plan. Board of Supervisors' Meeting (9/26/01): On their own motion, the Board deferred this case to their October 24; 2001, meeting to allow time for further discussions with concerned citizens. Matoaca District Supervisor, Concerned Citizens, Staff and Applicant ( 10/15/01): A meeting was held to discuss the proposal. There were discussions concerning the possible amendment of the application and therefore a possible request to remand the. case to the Commission. The Board of Supervisors, on Wednesday, October 24, 2001, beginning at 7:00 p.m., will'take under consideration of this request. 13 01SN0201/WP/OCT24H A / / / / / / / / / / / / / / / / Matoaca .High School / / t / / .A 1000 0 1000'Feet ~ ,_ 01SN0201 Rez: A TO R-25 SH. o Ii O15NO2Ol-/ NORTH .COUNTY- THOROUGHFARE. PLAN '3' -2, / / NEW MATOACA HIGH SCHOOL zl OI -il I I I % % % % COUNTY THOROUGHFARE PLAN OlSNO[oI-~