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99SN0112 REQUEST ANALYSIS AND RECOMMENDATION 99SN0112 Bay Hill Development Matoaca Magisterial District West line of Second Branch Road T ....... I ~ I I~'~"t ~"~T~''~ February 24, 1999 BS REQUEST: Rezoning from Agricultural (A) to Residential (R-25). PROPOSED LAND USE: A single family residential subdivision with a minimum lot size of one (1) acre is planned (Proffered Condition 9). The applicant has agreed to limit development to a maximum of sixty-five (65) lots, yielding a density of approximately 0.49 dwelling units per acre. (Proffered Condition 1) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 4. AYES: MESSRS. MILLER, GULLEY AND MARSH. NAYS: MESSRS. CUNNINGHAM AND SHEWMAKE. STAFF RECOMMENDATION Recommend denial for the following reasons: Ao The proposed zoning and land use do not conform with the Southern and Western Area Plan which suggests the property is appropriate for rural conservation use (Green Area). The Plan suggests planned development in this area should be deferred until such time that provisions are made for adequate public facilities, to ensure orderly area development and cost effective extensions of utilities. One of the goals of the Plan is to promote an orderly, efficient development pattern instead of a scattered, leapfrog pattern. Until that time, subdivision development in this area is premature. One of the purposes of the Comprehensive Plan is to provide predictability for developers and citizens as to future growth and development patterns. Approval of this request could adversely affect the public's reliance on the Plan to make future decisions. The Plan has been used by both the development community as well as individual citizens to make decisions. There is a tremendous amount of land area within the boundaries of the Southern ired Western Area Plan suggested as appropriate for residential development. Generally, these areas have existing, or planned public facilities to serve this planned growth area as development occurs. Approval of this request could set a precedent for approval of additional planned residential development in the rural conservation area (Green Area). (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 SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) pROFFERED CONDITIONS (CPC) 1. Development shall be limited to a maximum of sixty-five (65) lots. (CPC) 2. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the time of building permit application, for infrastructure improvement within the service district for the property, for each dwelling: $6200 per lot, if paid prior to July 1, 1999; or The amount approved by the Board of Supervisors not to exceed $6819 per lot adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1998 and July 1 of the fiscal year in which the payment is made if paid after June 30, 1999. In the event the cash payment is not used for the purpose for which proffered within 15 year of receipt, the cash shall be returned in full to the payer. 99SN0112/WP/FEB24H (CPC) o In conjunction with recordation of the fkst subdivision plat, the following rights of way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: ao Forty-five (45) feet of right of way on the west side of Second Branch Road, measured from the centerline of that part of Second Branch Road immediately adjacent to the property; and A ninety (90) foot wide right of way for an east/west major arterial (Carters Valley Road Extended) from Second Branch Road to the western property line. The exact location of this right of way shall be approved by the Transportation Department. (CPC) Direct access to Second Branch Road shall be limited to Carters Valley Road Extended. (CPC) o To provide an adequate roadway system, the developer shall be responsible for the following: ao Construction of two (2) lanes of Carters Valley Road Extended to VDOT urban minor arterial standards (50 mph) with modifications approved by the Transportation Department from Second Branch Road to the western property line; Construction of additional pavement along Second Branch Road at the Carters Valley Road Extended intersection to provide left and right turn lanes, based on Transportation Department standards; Construction of additional pavement along Carters Valley Road Extended at its intersection with Second Branch Road to provide a three (3) lane typical section (i.e., one (1) westbound lane and two (2) eastbound lanes); do Relocation of the ditch to provide an adequate shoulder along the west side of Second Branch Road for the entire property frontage; Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the road improvements as identified above. (CPC) o Prior to any road and drainage plan approval, a phasing plan for the required road improvements as identified in Proffered Condition 5, shall be submitted to and approved by the Transportation Department. 3 99SN0112/WP/FEB24H (CPC) 7. (CPC) 8. (CPC) 9. Location: 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. The minimum gross floor area for homes shall be as follows: One story - 1750 square feet Two story - 2200 square feet The minimum lot size shall be 43,560 square feet. GENERAL INFORMATION Froms in two (2) places on the west line of Second Branch Road, south of Beach Road. Tax ID 733-649-8017 (Sheets 29 and 38). Existing Zoning: Size: A 132.5 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - A; Vacant South - R-25 and A; Single family residemial or vacant East - A; Single family residential or vacant West - R-25; Single family residemial or vacam Public Water System: There is an existing eight (8) inch water line along Carters Way Road and an existing eight (8) inch water line along Carters Valley Road. Both water lines are in Carters Mill 4 99SN0112/WP/FEB24H Subdivision and end approximately 100 feet west of the request site. In addition, there is an existing twelve (12) inch water line extending within an easement adjacent to the southwest boundary of the request site which serves both Carters Mill and Second Branch Subdivisions. There is an existing small portion of twelve (12) inch water line along Second Branch Road which is served by an existing eight (8) inch water line along Devette Drive in Second Branch Subdivision, approximately 1,800 feet south of the request site. The request site lies within the rural conservation area of the Southern and Western Land Use Plan. Use of the public water system is required by County Code. Public Wastewater System: The public wastewater system is not available to the request site. The County's adopted Water and Wastewater Facilities Plan which serves as a guide to extensions of the public systems to the year 2015 reflects a series of wastewater pump stations to provide public wastewater service into this area. The County's adopted Comprehensive Plan (which includes the Southern and Western Area Plan) and the Water and Wa~tewater Facilities Plan both recommend and project extensions of the public water and wastewater system to occur only as growth progresses outward in an orderly manner from existing service areas (i.e., those documents do not support "leapfrog" development). Connection of the proposed development to the public wastewater system would require extensive construction of new trunk lines, pumping stations and force mains through areas now only sparsely developed. Development in this area of the County would require upgrading of existing wastewater facilities to the Proctors Creek Wastewater Treatment Plant. Preliminary estimates for these improvements are in the millions of dollars. The use of the public wastewater system is required by County Code unless relief is granted through the tentative subdivision process. Under the provisions of the Code, the Planning Commission may, through tentative subdivision review, grant relief from the mandatory connection requirement if it determines that: The use of a septic system will not adversely affect the ability to extend public sewer to other area properties; The use of a septic system will not encourage future area development that is inconsistent with the adopted Comprehensive Plan; and The use of a septic system is not reasonably likely to adversely affect the public health, safety or welfare in the future. In granting such relief, the Commission may impose conditions to mitigate the impacts of the exception. At the time of first tentative subdivision review, should the applicant seek relief to the mandatory connection, staff will submit comments and recommendations 5 99SN0112/WP/FEB24H relative to the above criteria. Staff will consider, among other issues, the potential financial burden that may be borne by existing and future wastewater system customers. Private Septic Tank and Drainfield System: If the Planning Commission grants an exception to the mandatory use of the public wastewater system through the tentative subdivision process, the Health Department must approve the use of individual septic tank and drainfield systems. If an exception to the requirement that County wastewater be used is granted, a soil scientist must locate drainfield sites and reserve drainfield sites on each lot, and such sites must be approved by the Health Department. All other County and State Ordinances and regulations apply. ENVIRONMENTAL Drainage and Erosion: The site drains via tributaries to Second Branch then to Swift Creek. There are no existing or anticipated on- or off-site drainage or erosion problems. It may be necessary to obtain off-site easements and make improvements to control increased runoff from development of the subject property. The applicant has proffered that, with the exception of timbering which has been approved by the Department of Forestry to remove dead or diseased trees, there will be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department (Proffered Condition 7). This will insure that proper erosion control measures are in place prior to any timbering and related land disturbance. Water Quali .ty: The entire southern property line is adjacent to a perennial stream. As required by the Chesapeake Bay Preservation Act, a 100 foot conservation area must be provided adjacent to this stream. 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 1999-2003 Capital Improvement Program. This development will have an impact on these facilities. Fire Service: The Public Facilities Plan indicates that Emergency Services calls are expected to increase forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are 6 99SN0112/WP/FEB24H recommended for construction by the year 2015 in the Public Facilities Plan. This property is currently served by the Clover Hill Fire/Rescue Station, Company Number 7 and Manchester Rescue Squad. The property is located within the proposed service area for the new Winterpock Fire/Rescue Station planned for completion in the year 2002. Based on sixty-five (65) residential lots, this request will generate approximately thirteen (13) emergency calls for fire and rescue services per year. The applicant has offered measures to assist in addressing the impact of this development on these facilities. (Proffered Condition 2) When the property is developed, the number of hydrants and quantity of water for fire protection will be evaluated during the plans review process. Also, the need for ingress/egress for emergency equipment will be determined during the review of the aforementioned plans. Given the number of proposed dwelling units, a second means of ingress/egress must be provided as required by the Subdivision Ordinance unless relief is granted through the tentative subdivision process. This second entrance will allow access by emergency personnel to the subdivision should the main entrance become blocked. Schools: Approximately thirty-six (36) school age children will be generated by this development. The site lies in the Grange Hall Elementary School attendance zone: capacity - 641, enrollment - 706; Bailey Bridge Middle School zone: capacity - 1,200, enrollment -1,396; and Manchester High School zone: capacity - 2,000, enrollment - 2,258. This development will have impact on area schools. Currently there are three (3) trailers at Grange Hall Elementary School; five (5) trailers at Bailey Bridge Middle School; and seventeen (17) trailers at Manchester High School. Additions to Grange Hall Elementary School are scheduled for completion in the Fall of 1999 and a new elementary school is planned at Spring Run Road. These improvements however, are intended to relieve existing overcrowding and to accommodate new growth as anticipated by the adopted land use plan. The applicant has agreed to participate in the cost of providing for area school needs (Proffered Condition 2). The Public Facilities Plall does not recommend any new schools or school additions for this area to accommodate unplanned residential development in the rural conservation area. Approval of this request and other residential subdivisions in the Rural Conservation Area (Green Area) may require construction of additional school facilities in this area. There are no funds available or programmed for construction of new schools in this area. Libraries: The proposed development is likely to affect either the Central Library or the Clover Hill Library. The Public Facilities Plan, projects a need for additional library space in b6th 7 99SN0112/WP/FEB24H the Clover Hill and Central Library service areas as well as a need to plan for a new branch in the Beach Road/Qualla Road area between the years 2000 and 2015. The applicant has offered measures to assist in addressing the impact of this development on these facilities. (Proffered Condition 2) Parks and Recreation: The Public Facilities Plan identifies the need for two (2) new regional parks in Chesterfield County by 2015. The Public Facilities Plan further identifies a current need for 224 acres of regional park space in northwestern Chesterfield County. There are no new parks planned for this area. The applicant has offered measures to assist in addressing the impact of this proposed development on these facilities. (Proffered Condition 2) Transportation: The applicant has proffered to limit development to a maximum of sixty-five (65) lots (Proffered Condition 1). Based on single family trip rates, development could generate approximately 700 average daily trips. These vehicles will be distributed along Second Branch Road which had a 1996 traffic count of 1,121 vehicles, per day. The Thoroughfare Plan identifies Second Branch Road as a major arterial with a recommended right of way width of ninety (90) feet. The Plan also identifies an east/west major arterial (Carters Valley Road Extended) with a recommended right of way width of ninety (90) feet, extending from Second Branch Road west, to the western property line. The applicant has proffered to dedicate: 1) forty-five (45) feet of right of way, measured from the centerline of Second Branch Road; and 2) a ninety (90) foot wide right of way for Carters Valley Road Extended through the property, in accordance with that Plan. (Proffered Condition 3) Access to major arterials, such as Second Branch Road and Carters Valley Road Extended, should be controlled. The applicant has proffered that direct access to Second Branch Road will be limited to Carters Valley Road Extended (Proffered Condition 4). Minimum access spacing along Carters Valley Road Extended should be approximately 500 feet. At time of tentative subdivision review, staff will provide specific recommendations regarding direct access to Carters Valley Road Extended. Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to: 1) construct two (2) lanes of Carters Valley Road Extended from Second Branch Road to the western property line; 2) construct additional pavement along Second Branch Road at the Carters Valley Road Extended intersection to provide left and right turn lanes, based on Transportation Department standards; 3) construct additional pavement along Carters Valley Road Extended at its intersection with Second Branch Road to provide a three (3) lane typical section (i.e. one 8 99SN0112/WP/FEB24H (1) westbound lane and two (2) eastbound lanes); and 4) relocate the ditch to provide an adequate shoulder along the west side of Second Branch Road for the entire property frontage. (Proffered Condition 5) 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 addressing this traffic impact. (Proffered Condition 2) At time of tentative subdivision review, specific recommendations will be provided regarding access and providing stub road rights of way to adjacent properties. Financial Impact on Capital Facilities: PER DWELLING UNIT Potential # New Dwelling Units [ 65* 1.00 Population Increase I 181.351 2.79 Number New Students Elementary 17.68 0.27 Middle 8.64 0.13 High 9.88 0.15 Total 36.20 0.56 Net Cost for Schools 210,600 3,240 Net Cost for Parks 47,450 730 Net Cost for Libraries 20,605 317 Net Cost for Fire Stations 18,330 282 Average Net Cost Roads 131,755 2,027 Total Net Cost 428,740 6,596 * Based on a proffered maximum of sixty-five (65) lots. 9 99SN0112/WP/FEB24H 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 $6,596 per unit. The applicant has been advised that a maximum proffer of $6200 per unit would defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities. Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and it has been determined that it is appropriate to accept the maximum cash proffer in this case. Comprehensive Plan: Lies within the boundaries of the Southern and Western Area Plan which suggests the property is appropriate for rural conservation use. The Plan suggests planned development in this area should be deferred for twenty (20) years unless provisions are made earlier for supporting public facilities to include public utilities. One of the goals of the Plan is to provide adequate public services and facilities concurrent with development. Further, the Plan suggest that orderly development will minimize the cost of providing public services to new development. On November 4, 1998, the Commission considered whether to direct staff to prepare proposed amendments to plans. The Commission decided not to direct staff to immediately prepare proposed amendments to the Southern and Western Area Plan. The Commission's decision was forwarded to the Board of Supervisors by letter. The Board has taken no action on the letter. Area Development Tren0$: Adjacent property to the north and east and a portion of adjacent property to the south is zoned Agricultural (A) and consists of single family residences on road-stripped lots along Second Branch Road or remains vacant. The remainder of adjacent property to the south as well as adjacent property to the west is zoned Residential (R-25) and consists of single family residences or vacant lots in Second Branch and Carters Mill Subdivisions respectively. The zoning of Second Branch and Carters Mill Subdivisions predates adoption of the Plan. The Plan (see attached) suggests that development in the rural conservation area should be deferred until adequate public facilities are available. 10 99SN0112/WP/FEB24H Cornparison of Area Density.: The adjacent property to the west is Carters Mill Subdivision, with a density of 0.63 lots per acre. A portion of adjacent property to the south is Second Branch Subdivision, with a density of 0.68 lots per acre. The applicant has agreed to limit development to a maximum of sixty-five (65) lots, yielding a density of approximately 0.49 lots per acre. (Proffered Condition 1) Comparison of Area Lot Sizes: The average lot size in Carters Mill is 61,130 square feet and in Second Branch is 58,865 square feet. The applicant has not proffered an overall average lot size, but has proffered a minimum lot sizes of 43,560 square feet. (Proffered Condition 9) House Sizes: The applicant has proffered a minimum gross floor area for homes of 1,750 square feet for one story units and 2,200 square feet for two story units (Proffered Condition 8). By comparison, house sizes on adjacent lots in Carters Mill and Second Branch range from 1,790 to 2,647 gross square feet. CONCLUSIONS The proposed zoning and land use do not conform with the Southern and Western Area Plan which suggests the property is appropriate for rural conservation use. The Plan suggests planned development in this area should be deferred for twenty (20) years until provisions are made for adequate public facilities. The Plan notes that the request property and surrounding area would be appropriate for residential use of 1.01 to 2.5 units per acre only if provision is made for adequate public facilities to include the public wastewater system. In this manner, orderly development of the area is achieved in an efficient way which discourages "leapfrog" development and minimizes the cost of providing public facilities in the future. There are approximately 26,000 acres or approximately forty (40) square miles of "available" land in the area of the Southern and Western Area Plan designated for one to five acre lots. (see attached map). Public facilities exist or are planned to serve these areas. Development within these areas, rather than in the rural conservation area would be more orderly, efficient and would discourage scattered leapfrog development patterns. The applicant intends to use septic tank and drainfield systems. The adopted Plan recommends orderly growth with the extension of public wastewater. At present, public wastewater is not available to the request property. As noted in the "Utilities" section of this report, provision of 11 99SN0112/WP/FEB24H public wastewater to this area will require construction of a series of wastewater pump stations and extensive construction of new trunk lines and force mains to the Proctors Creek Wastewater Treatment Plant. If development is allowed to occur in a "leapfrog" fashion, these improvements will be difficult to achieve especially in an orderly, cost effective manner. Further, continued growth in the rural conservation area prematurely could adversely affect the ability to extend public wastewater into the area and serve future employment and commercial areas. The "build out" plan of the Southern and Western Area Plan, suggests areas appropriate for long range economic development sites. A regional mixed use site (employment, retail, etc.) is located to the south and southeast of the subject site. Approval of premature residential development without regard for the orderly, efficient extension of public wastewater could adversely affect the ability to develop this regional site for employment and commercial services. With respect to other public facilities, except for a special purpose park on Lake Chesdin, the Public Facilities Plan does not recommend any additional schools or community or regional-level parks to serve the area. If growth is allowed to occur in this area, it can be anticipated that demand will occur for provision of these facilities which currently are not a part of the Public Facilities Plan. As previously noted, Carters Mill and Second Branch Subdivisions lie in proximity to the request site. These subdivisions predate adoption of the Plan. The boundaries of the rural conservation area were determined through an analysis based on future demand for residential development and planned locations of public facilities based upon the adopted Public Facilities Plan. The proposed zoning and land use is premature and could lead to similar requests on other properties currently designated on the Southern and Western Area Plan for rural conservation use. At the time of the Commission's consideration of this case, there were two (2) other zoning cases pending in the rural conservation area. The applicants had requested that the eases not be scheduled for public hearing until further notice. These proposals include a total of approximately 382 acres and 241 lots. Subsequent to the Commission's consideration of this request, the applicant for Case 98SN0286 withdrew that request (See attached map). The applicant for Case 98SN0282 has verbally indicated an intent to withdraw all, or at least part of that case at some point. Approval of this request would have the effect of perpetuating past land use patterns that have led to scattered leapfrog development, with large tracts of land remaining vacant or underdeveloped between developments. One of the stated goals of the adopted Plan is to promote orderly development as a means of establishing an efficient and desirable growth pattern. Such planned and orderly development would also have the effect of minimizing the costs of extending public facilities and maximizing the use of existing facilities. Approval of the current request would defeat the stated purpose of the adopted Plan. Another consideration is the public's reliance when making decisions based upon the adopted Plan. Unlike the 1960's and 1970's, the public has begun to rely upon the County's actions and 12 99SN0112/WP/FEB24H visions relative to future growth and development. Those persons choosing to reside in the "green area" desire, and anticipate, a rural atmosphere and not one of planned, suburban residential development. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (10/20/98): At the request of the applicant, the Commission deferred this case to their December 15, 1998, meeting. Staff (10/22/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than October 26, 1998, for consideration at the Commission's December public hearing. Also, the applicant was advised that a $150.00 deferral fee was due. Applicant (10/29/98): The $150.00 deferral fee was paid. Applicant (12/7/98): Proffered Condition 9 was submitted. Planning Commission Meeting (12/15/98): Mr. Marsh made a motion for approval. His motion was seconded by Mr. Miller. vote on the motion was as follows: AYES: Messrs. Marsh and Miller. NAYS: Messrs. Shewmake and Cunningham. ABSTENTION: Mr. Gulley. The 13 99SN0112/WP/FEB24H Mr. Shewmake then made a motion for denial. His motion was seconded by Mr. Cunningham. A vote was taken on the motion and it was as follows: AYES: Messrs. Shewmake and Cunningham. NAYS: Messrs. Marsh and Miller. ABSTENTION: Mr. Gulley. Due to the failure to arrive at a recommendation, the case was carried over to the Commission's January public hearing. Planning Commission Meeting (1/19/99): The applicant amended Proffered Condition 1 to reduce the number of lots from eighty (80) to sixty-five (65). The applicant accepted the Planning Commission's recommendation. There was opposition present. Concern was expressed that approval of the request would violate the adopted Plan and represent encroachment of residential development into a rural area; relative to the impact on public facilities such as schools and roads; and the lack of public wastewater. A petition signed by approximately fifty (50) persons in opposition to the case was submitted. Messrs. Shewmake and Cunningham indicated that they felt the Plan should be followed. Mr. Cunningham indicated that he was of the opinion that the Plan should be reviewed. Mr. Shewmake made a motion for denial. His motion was seconded by Mr. Cunningham. A vote on the motion was as follows: AYES: Messrs. Cunningham and Shewmake. NAYS: Messrs. Miller, Gulley and Marsh. The motion, therefore, failed. Mr. Gulley indicated that he had desired to meet with the Utilities Department prior to making a decision on the request. He indicated his surprise to the revised proffer reducing the number of lots. He indicated that he could support this request, but would not be supportive of other proposals in the area without a review and amendment of the Plan. He indicated that he had received numerous calls in support of area development on five (5) acre lots on septic systems. He indicated that a five (5) acre lot affords the opportunity to locate other septic fields should there be a septic tank failure. 14 99SN0112/WP/FEB24H Mr. Marsh indicated that his discussions with citizens had indicated their preference for the area to develop for two (2) acre lots on septic tank and drainfield systems as opposed to higher density on public wastewater. On motion of Mr. Marsh, seconded by Mr. Miller, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 4. AYES: Messrs. Miller, Gulley and Marsh. NAYS: Messrs. Curmingham and Shewmake. The Board of Supervisors, on Wednesday, February 24, 1999, beginning at 7:00 p.m., will take under consideration this request. 15 99SN0112/WP/FEB24H ;ARTERS N SECOND BRANCH HAZARD 99SN0112 A TO R-25 SH. 29 E~ .58 I I THOROUGHFARE PLAN z+ qct sNol lz-4 Z ~°°