01SN0201-Sept26o.pdf~,~,~,~,~+ '~1 "~fl/'~1 ~D~'~
September 26, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01 SN0201
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 fails 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 FIP~T CHOICE Community Through Excellence in Public Service.
of a linear trail along Swirl 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 mount 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/SEP~60
(CPC)
4. The minimum lot size shall be one (1) ac. re. (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 HAS BEEN MODIFIED SUBSEQUENT TO THE
COMMISSION'S CONSIDERATION OF THIS REQUEST. SHOULD THE BOARD WISH
TO APPROVE THIS REQUEST, IT WOULD BE APPROPRIATE TO ACCEPT
PROFFERED CONDITION 10, AS MODIFIED.)
(CPC) 10.
In cbnjunction 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 fight-of-way and any additional right,of-way to cross Swift Creek for
the north/south arterial ("North/South Arterial") through the property, shall
3 01SN0201/WP/SEPT260
(CPC) 11.
(CPC) 12.
(CPC) 13.
be dedicated, free and unrestricted, to and for the benefit of Chesterfield
Couhty. The exact location and width of this right-of-way shall be approved
by the Transportation Department. (T)
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)
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 mm 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)
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 west line of Elko Road, north of Vinewood Drive. Tax ID 784-629-7820 (Sheet 41).
Existing Zoning:
A
4 01SN0201/WP/SEPT260
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 of this site: This twelve (12) inch
water line extends along the Matoaca High School access road.
The request site is Within the Southem and Western 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 Matoaca High School.
This sixteen (16) inch water line was designed to Serve the new Matoaca 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 requestis made
for connection 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/SEFI'260
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 timbering. (Proffered
Condition 2)
Water Quality:
The property is bounded by Swift 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 Ettrick. Emergency medical service is
provided by Fire/Rescue Station 8 and Ettrick-Matoaca Volunteer Rescue squad in Matoaca.
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/SEPT260
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 ofthe
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, enrollment -
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 projectedpopulation 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 acco ,mmodate 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 ora 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 trailsyStem.' Further, the property's
7 01SN0201/WP/SEPT260
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 ora 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 property to the
south (site of the new Matoaca High School) to Woodpecker Road whichhad a 200Otraffic
count of 3,937 vehicles per day.
The Thoroughfare Plan identifies a north-south major arterial ("the North/South Arterial"),
with a recommended fight 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 Matoaca High 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 right of way~ and construction of tWo (2)
lanes for the North/South Arterial through the school property. The ninety (90) foot wide
fight 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 centefline 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 of the 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/SEPT260
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 Southem 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 Swig
Creek. Constructing the North/South Arterial across Swift Creek will require a substantial
structure, probably a bridge. As an alternative to constructing this section of the 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 structure
for the North/South Arterial across Swift Creek. The applicant has proffered to contribute
$200.00 per linear foot for the section of the North/South Arterialthat will not be constructed
by the developer. These funds are not sufficient to cover the cOst of the furore 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 willbe 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 mm 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 beimproved 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 p~oposed 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/SEPT260
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 0.1'6
TOTAL 35.78 · 0~53
Net Cost for School.s 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 Ro~ds 191,821 2,863
TOTAL NET COST I 527'156 1 7,868
*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. Staffhas 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 acresto 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 at' 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
10 01SN0201/WP/SEPT260. doc
applicable sections of this request analysis. Accordingly, the County's ability to provide capital
facilities to its citizens will be adversely impacted.
The Planning Commission and the Board of Supervisors, through their consideration of this request,
may determine-that there are unique circumstances relative to this case 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 Matoaca 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.
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 of2,100 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
11 01SN0201/WP/SEPT260
integrity of these buffers, the applicant has proffered that these areas be provided in open
space, thereby becoming the responsibility of the homeowners' association. (Proffered
Condition 7)
CONCLUSIONS
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 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 Department 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, s~hools, 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. There 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/SouthArterial; the County's policy with
respect to developers building portions of Thor0ughfare 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/SEPT260
Mr. Gecker express, ed 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 developmem should be one of quality, would blend well
with the neighborhood and was comfortable moving forward with the application.
Mr2 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 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 with proffered conditions limiting density and lot
sizes in lieu of the "R-88" zoning classification, as suggested by the Plan.
The Board of Supervisors, on Wednesday, September 26, 2001, beginning at 7:00 p.m., will take
under consideration o,f this request.
13 01SN0201/WP/SEPT260
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
,/
/ /
/
/-
\
/
Matoaca
.High SchoOl
N
1000
1000'Feet
A
01SN0201
Rez: A TO R-25
SH.
0
CD
CD
0
CD
!1
OISAIOZO I-I
-I
!
.COUNTY
THOROUGHFARE PLAN
J(
01SN0201 - 2~
/
/
!
!
!
!
!
!
!
!
!
*~FT C~EK
I
I
NEW MATOACA
HIGH SCHOOL
zl
-1-I
!
!
COUNTY
THOROUGHFARE PLAN
o15N0~o1-3,