99SN0131 REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0131
Samuel E. Smelley
and
Virginia W. Smelley
Bermuda Magisterial District
West line of Bermuda Orchard Lane
April 14, 1999 BS
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 12,000 square
feet is planned. The applicant has agreed to limit development to a maximum of
forty-five (45) lots, yielding a density of approximately 1.9 units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land use conform with the Eastern Area Plan Amendment
which suggests the property is appropriate for residential use of 1.51 to 4.0 units
per acre.
B. The proposed zoning and land use conform with existing and anticipated area
residential development.
C. The proffered conditions address the impact of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan.
Specifically, the need for schools, parks, libraries, fire stations and transportation
improvements is identified in the County's adopted Public Facilities Plan and FY
1999-2003 Capital Improvement Program and Thoroughfare Plan 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 OWNERS 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
(STAFF/CPC)
1. Development shall be limited to a maximum of forty-five (45) lots.
(STAFF/CPC) 2.
At time of recordation of the first subdivision plat, thirty-five (35)
feet of right of way on the west side of Bermuda Orchard Lane,
measured from the centerline of that part of Bermuda Orchard Lane
immediately adjacent to the property, shall be dedicated, free and
unrestricted to, and for the benefit of Chesterfield County.
(STAFF/CPC) 3.
Direct access from the property to Bermuda Orchard Lane shall be
limited to one (1) public road, located approximately midway of the
Bermuda Orchard Lane property frontage. The exact location of
this access shall be approved by the Transportation Department.
(STAFF/CPC) 4.
To provide an adequate roadway system, the developer shall be
responsible for the following:
Construction of additional pavement along Bermuda Orchard
Lane at the approved access to provide a right turn lane, if
warranted, based on Transportation Department standards;
and
Dedication to Chesterfield County, free and unrestricted any
additional right of way (or easements) required for the road
improvement identified above.
99SN0131/WP/APR14J
(STAFF/CPC)
Prior to any road and drainage plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition 4,
shall be submitted to and approved by the Transportation
Department.
(STAFF/CPC)
6. The public water and wastewater systems shall be used.
(STAFF/CPC)
The applicant, subdivider, or assignee(s) shall pay the following to
County of Chesterfield at the time of building permit application for
infrastructure improvements within the service district for the
property.
a. $6,200 per dwelling unit, if paid prior to July 1, 1999, or
The amount approved by the Board of Supervisors not to
exceed $6,200 per dwelling unit adjusted upward by any
increase in the Marshall and Swift Building Cost Index if
paid after July 1, 1999.
(STAFF/CPC)
Minimum gross floor area of dwelling units shall be no less than
1800 square feet.
(STAFF/CPC)
9. Exposed surface of dwelling unit foundations shall be brick veneer.
GENERAL INFORMATION
Location:
Fronts the west line of Bermuda Orchard Lane, north of Thornhill Drive. Tax ID 814-
649-9831 and 815-6494009 (Sheet 42).
Existing Zoning:
A
Size:
23.0 acres
Existing Lalld Use:
Single family residential and vacant
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Adjacent Zoning & Land Use:
North - A; Vacant
South - R-12; Single family residential
East - A and R; Single family residential or vacant
West - A; Single family residential or vacant
Public Water System:
Poblic
There is an existing twelve (12) inch water line extending along the east side of Bermuda
Orchard Lane, adjacent to the request site. Use of the public water system is intended and
has been proffered. (Proffered Condition 6)
Wastewater System:
There is an existing eight (8) inch wastewater collector serving the Thornhill Subdivision
approximately 450 feet south of the request site. Use of the public wastewater system is
intended and has been proffered. (Proffered Condition 6)
Drainage and Erosion:
ENVIRONMENTAL
The site drains in several directions and eventually into Johnson Creek. There are no
existing or anticipated on- or off-site drainage or erosion problems. It may be necessary
to obtain off-site easements to control increased runoff from development of the property.
PUBLIC FACILITI]~S
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the FY1999-2003 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
recommended for construction by t2ne year 2015 in the Public Facilities Plan. This
property is currently served by the Enon Fire/Rescue Station, Company Number 6 and
Bensley-Bermuda Rescue Squad.
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99SN0131/WP/APR14J
Based on forty-five (45) residential lots, this request will generate approximately eight (8)
emergency calls for fire and rescue services per year. The applicant has offered measures
which adequately address the impact of this proposed development on these facilities.
(Proffered Condition 7)
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. Considering the number of dwelling units in this development, a
second means of ingress/egress shall be provided as required by the Zoning Ordinance.
This second entrance will allow emergency personnel access to the subdivision should the
main entrance become blocked.
Schools:
Approximately twenty-six (26) school age children will be generated by this development.
The site lies in the Enon Elementary School attendance zone: capacity - 601, enrollment -
550; Chester Middle School zone: capacity - 720, enrollment - 683; and Thomas Dale
High School zone: capacity - 1,325, enrollment - 1,758.
This request will have an impact on area schools. Renovations are planned for Chester
Middle School in the fall of 2000 and for Thomas Dale High School in the fall of 1999.
The applicant has adequately addressed the impact of this proposed development on these
facilities. (Proffered Condition 7)
Libraries:
The proposed development is located such that it would likely affect use of the Enon
Library. The Public Facilities Plan identifies a need to expand the Enon Library by 2015.
The applicant has adequately addressed the impact of this proposed development on these
facilities. (Proffered Condition 7)
Parks and Recreation:
The Public Facilities Plan identifies the need for two (2) new regional parks in Chesterfield
County by 2015. In addition, there is currently a shortage of community park acreage in
the eastern part of Chesterfield. The Public Facilities Plan identifies a need for 116 acres
of community park space by 2015. The applicant has adequately addressed the impact of
this proposed development on these facilities. (Proffered Condition 7)
5 99SN0131/WP/APR14J
Transportation:
The applicant has proffered a maximum density of forty-five (45) lots (Proffered Condition
1). Based on single family trip rates, development could generate approximately 500
average daily trips. These vehicles will be distributed along Bermuda Orchard Lane which
had a 1998 traffic count of 3,400 vehicles per day.
The Thoroughfare Plan identifies Bermuda Orchard Lane as a collector with a
recommended right of way width of seventy (70) feet. The applicant has proffered to
dedicate thirty-five (35) feet of right of way, measured from the centerline of Bermuda
Orchard Lane, in accordance with that Plan. (Proffered Condition 2)
Access to collectors, such as Bermuda Orchard Lane, should be controlled. The applicant
has proffered to limit direct access to Bermuda Orchard Lane to one (1) public road,
located approximately midway of the Bermuda Orchard Lane property frontage.
(Proffered Condition 3)
Mitigating road improvements must be provided to address the traffic impact of this
development. The applicant has proffered to construct additional pavement along Bermuda
Orchard Lane at the approved access to provide a right turn lane, based on Transportation
Department standards. (Proffered Condition 4)
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 towards mitigating this impact. (Proffered Condition 7)
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99SN0131/WP/APR 14J
Financial Impact on Capital Facilities:
PER UNIT
Potential # New Dwelling Units I 45* 1.00
Population Increase I 125.55 2.79 I
Number New Students
Elementary 12.24 0.27
Middle 5.99 0.13
High 6.84 0.15
Total 25.07 0.56
Net Cost for Schools 145,800 3,240
Net Cost for Parks 32,850 730
Net Cost for Libraries 14,265 317
Net Cost for Fire Stations 12,690 282
Average Net Cost Roads 91,215 2,027
Total Net Cost 296,820 6,596
*Based on a proffered maximum of forty-five (45) dwelling units.
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 $6,200 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 7)
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.
7 99SN0131/WP/APR14J
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Eastern Area Plan Amendment which suggests the
property is appropriate for residential use of 1.51 to 4.0 units per acre. The Plarl
anticipates residential development to continue in this area.
Area Development Trends:
The surrounding properties are characterized by single family residential uses and vacant
parcels zoned Agricultural (A), Residential (R-7) and Residential (R-12). Adjacent
properties to the north, east and west are zoned Agricultural (A) and are occupied by
single family residences or are vacant. Adjacent property to the south is zoned and
developed for single family residential land uses (Thomhill Subdivision). It is anticipated
that exiting area residential development patterns will continue.
Area Densities and Lot Sizes:
Thomhill Subdivision which is adjacent to the subject property to the south has developed
at a density of 1.37 lots per acre. The average lot size in Thomhill is 28,470 square feet.
Rock_haven Subdivision which lies to the south of Thornhill Subdivision has a density of
1.6 lots per acre and an average lot size of 18,695 square feet. Chesterfield Downs which
lies to the north has a density of 1.58 units per acre and an average lot size of 24,472
square feet.
Bermuda Orchard which lies to the northeast has a density of 2.22 lots per acre and an
average lot size of 16,438 square feet.
New Rochelle Subdivision which lies to the southeast has a density of 1.27 units per acre
and an average lot size of 29,235 square feet.
In comparison, the applicant is proposing a total of forty-five (45) lot yielding a density
of 1.9 units per acre. The applicant has not proffered an overall average lot size.
Comparison of House Sizes:
Residences on lots in Thornhill Subdivision, lying immediately adjacent to the request
property, have gross floor areas that range between approximately 1,704 square feet to
1,900 square feet. The applicant has proffered that residences on the request property
would have a minimum gross floor area of 1,800 square feet. (Proffered Condition 8)
99SN0131/WP/APR14J
The term "gross floor area" does not include outside storage areas, attached garages or
carports, enclosed porches or roof top enclosures housing mechanical equipment.
Architectural Treatment:
The applicant has proffered that the exposed surfaces of all foundation of dwellings will
be faced with brick veneer. (Proffered Condition 9)
CONCLUSIONS
The proposed zoning and land use conform with the Eastern Area Plan Amendment which
suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. The
proffered conditions address the impact of this development on necessary capital facilities, as
outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need for schools,
parks, libraries, fire stations and transportation improvements is identified in the County's
adopted Public Facilities Plan, FY 1999-2003 Capital Improvement Progr.am and Thoroughfare
Plan 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. Further, the applicant has
addressed concerns relative to compatibility.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/20/98):
On their own motion, the Commission deferred this case to December 15, 1998.
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 15, 1998, public hearing.
9 99SN0131/WP/APR14J
Applicant, Bermuda District Planning Commissioner, Area Residents and Staff (11/5/98):
A meeting was held to discuss the proposal. Concerns were expressed by area residents
about the proposed minimum lot size; minimum house size; and the use of brick veneer
on dwelling unit foundations.
Applicant (12/4/98):
The applicant submitted proffered conditions relative to minimum house size and the use
of brick veneer on dwelling unit foundations.
Applicant (12/9/98):
The applicant submitted a revised proffered condition relative to minimum house size, as
discussed herein.
Planning Commission Meeting (12/15/98):
At the request of the applicant, the Commission deferred this case to February 16, 1999.
Staff (12/16/98):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than December 30, 1998, for consideration at the
Commission's February 16, 1999, public hearing. Also, the applicant was advised that
a $150.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (1/27/99):
To date, the applicant has not paid the $150.00 deferral fee nor has any new information
been received.
Applicant (2/4/99):
The deferral fee was paid.
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99SN0131/WP/APR14J
Applicant (2/12/99):
The applicant revised Proffered Condition 7 to address the impact on capital facilities.
Applicant (2/16/99):
The applicant submitted revisions to Proffered Condition 8 relative to the minimum square
footage of homes and the maximum number of one (1) story dwelling units.
Planning Commission Meeting (2/16/99):
The applicant accepted the recommendation. There was opposition present. Concerns
were expressed relative to the proposed home sizes of one (1) story units.
In response to those concerns, the applicant agreed to amend Proffered Condition 8 to
require that all dwelling units have a minimum gross floor area of 1,800 square feet.
On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, April 14, 1999, beginning at 7:00 p.m., will take
under consideration this request.
11 99SN0131/WP/APR 14J
CHESTERFIELD
S'
A
HAZARD
iDA ORCHARD
ROCHELLE
'ROCKHAVEN
" REZ: A TO R-!
SH. 42