Loading...
97SN0138.pdfREQUEST ANALYSIS AND RECOMMENDATION January 28, 1998 BS 97SN0138 Sam McEwen 1II Co-Executor of Frances W. Tucker Estate Clover Hill Magisterial District North line of West Providence Road REQUEST: Rezoning from Agricultural (A) to Residemial 0~-12). PROPOSED LAND USE: A single family residential subdivision having a minimum lot size of 12,000 square feet and an overall average lot size of 15,~ square feet is planned. The applicant has agreed to limit development to a maXimum of twenty-six (26) lots, yielding a density of approximately 2.1 units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 4. STAFF RECOMMENDATION Recommend approval for the following reasons: Ao Although the N0rthem Area l~and Use and Transportation Plan suggests the request property is appropriate for residential use of 1.5 units per acre or less, area subdivisions north and west of the request ProPerty have developed with densities of approximately 2.2 to 2.3 units per acre using public water and sewer. As proposed, the current request would yield a density of 2.1 units per acre and require the use of the public water and wastewater systems. Therefore, this request conforms to existing area residential develOpment patterns. Bo The proffered conditions address the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. (STAFF/CPC) 2. A maximum of twenty-six (26) lots shall be pemfitted. The overall average lot size shall be a minimum of 15,000 square feet. (STAFF/CPC) 3. There shall be no public road access to Bark Trail in Arrowhead Subdivision. A twenty (20) foot easement for emergency access may be provided. (STAFF/CPC) 4. The exposed surfaces of all foundations for dwelling units shall be faced with brick. (STAFF/CPC) 5. The minimum gross square footage for homes shall be as follows: 1-story 1 1/2-story 2-or more stories 1,400 gross square feet 1,600 gross square feet 1,800 gross square feet; or 1,600 gross square feet with at least a one (1) car attached garage. (STAFF/CPC) 6. (STAFF/CPC) 7. The public water and wasteWater systems shall be used. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield at the time of building permit application for infrastructure improvements within the service district for the property: a. $6000 per lot, if paid prior to July 1, 1998; or bo The _amount approved by the Board of Supervisors not to exceed $6819 per lOt, if paid between July 1, 1998 and June 30, 1999; or 2 97SN0138/WP/JAN28H (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) o 10. 11. 12. Co The mount 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 conjunction with recordation of the fa:st subdivision plat, forty- five (45) feet of right-of-way on the north side of West Providence Road, measured from the centerline of that part of West Providence Road immediately adjacent to the request property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access to West Providence Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. To provide an adequate roadway system at the time of complete developmem, the owner/developer shall be responsible for the following: Bo Construction of additional pavement along West Providence Road at the approved access to provide a right mtn lane; Relocation of the ditch to provide an adequate shoulder along the north side of West Providence Road for the entire property frontage; and Co Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. Prior to any road and drainage plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 10, shall be submitted to and approved by the Transportation Department. Drainage from the impervious surfaces of roofs and driveways on lots abutting properties identified as Tax Map 20-7 (10) Lots 1, 2, 3, and 4 and Tax Map 20-7(12) Lots 7 and 8 shall be directed away from these properties and shall outfall into a swale provided for this purpose on the northeastern boundary of the request property. 97SN0138/WP/JAN28H (STAFF/CPC) 13. Driveways shall be paved. The exact pavement type shall be approved by the Planning Department. (STAFF/CPC) 14. Concrete curb and gutter shall be installed along all public roads. (STAFF/CPC) 15. The exposed surfaces of fireplace chimneys for dwelling units shall be faced with brick. (STAFF/CPC) 16. To the extent permitted by law, no modular homes shall be permitted. (STAFF/CPC) 17. A maximum of eight (8) 1-story dwelling units shall be permitted. (STAFF/CPC) 18. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (STAFF/CPC) 19. Stormwater shall be retained on-site based on the post development 2 and 10 year storm rates and released at a rate no greater than the pre-development 2 and 10 year storm rates. GENERAL INFORMATION North line of West Providence Road, across from Willtee Lane. 748-693-1215 (Sheet 14). GPIN 747-693-6572 and Existing Zoning: A 12.4 acres Existing Land Use: Single family residential or vacant 4 97SN0138/WP/JAN28H Adjacent Zoning & Land Use: North - R-7; Single family residential South - R-7; Single family residential East - A; Single family residential West - R-7; Single family residential or vacant UTILITIES Public Public Water System: There is an existing sixteen (16) inch water line along West Providence Road, adjacent to the request site. In addition, there is an existing four (4) inch water line in Bark Trail, a stub road in Arrowhead Subdivision, adjacent to the northwest side of the request site. Use of the public water system has been proffered by the applicant. (Proffered Condition 6) Wastewater System: There is an existing eight (8) inch wastewater collector along West Providence Road adjacent to the request site. There is an existing twelve (12) inch wastewater tnmk line approximately 400 feet east of the request site and is part of the Rocky Run Branch Trunk Sewer. Use of the public wastewater system is intended and has been proffered by the applicant. (Proffered Condition 6) ENVIRONMENTAL Drainage and Erosion: The property drains east to a tributary of Falling Creek. No existing on-site drainage or erosion problems. However, the off-site tribU~ ~ experienced high siltation, and West Providence Road may, with additional upstream development, become subject to flooding during moderate to severe storms. Additional upstream development could also increase siltation within the tributary unless runoff is controlled. Off-site easements and drainage improvements may be required to control increased runoff from development of the request property. The applicant has proffered to retain increased runoff on-site and has further proffered that there will be no timbering of the p~0Perty until a land disturbance permit has been issued and the approved erosion control devices have been installed. (Proffered Conditions 18 and 19) To address the concerns of adjacent residents in Arrowhead Subdivision that increased runoff from development on the request property could adversely affect their homes, the 5 97SN0138/WP/JAN28H applicant has proffered to redirect runoff from impervious areas that may alt~.ct these homes. (proffered Condition 12) Water Quality_: Development must conform to the requirements of the Chesapeake Bay Act. PUBLIC FACILITIES The need for fire, school, library, park and transportatiOn facilities is identified in the Public ~, the Thoroughfare Plan and the FY1997'2001 Capital Improvement Program. This development will have an impact on these facilities. Fire Service: This property is currently served by the Wagstaff Circle Fire/Rescue Station, Company No. 10 and Manchester Rescue Squad. County water and fh'e hydrants must be provided in compliance with nationally recognized standards (i.e., National Fire Protection Association and Insurance Services Office). The Public Facilities Plan identifies the need for a new fire/rescue station in the area within the next five (5) years. While this request is in the Wagstaff Circle Fire Station district, the Reams Road Station is needed to improve response times in this area of the County. The 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 the year 2015 in the Plan. Based on twenty-six (26) residential lots being developed, this request will generate approximately four (4) emergency calls for fire and rescue services per year. The applicant has offered measures to address this impact. 0)roffered Condition 7) Typically, the Fire Department would support the extension of Bark Trail into the proposed subdivision as a public road to facilitate emergency vehicle access. However, as an alternative, the proffer of a twenty (20) foot easement for emergency vehicle access by way of the Bark Trail right-of-way is acceptable (Proffered Condition 3). The exact treatment of this access easement will be addressed through the tentative subdivision review process. Schools: Approximately fourteen (14) school age children will be generated by this development. The site lies in the Providence Elementary School attendance zone: capacity - 775, enrollment - 759; Providence Middle School zone: capacity - 1,260, enrollment - 1,105; and Monacan High School zone: capacity - 1,750, enrollment - 1,552. 6 97SN0138/WP/JAN28H This development will have impact on area schools. The applicant has agreed to participate in the cost of providing for area school needs. (Proffered Condition 7) Libraries: Residential development in this area will most likely affect use of the LaPrade Library now and the proposed Lucks Lane Library in the future. The Chesterfield County_ Public Facilities Plan (1995) identifies a current demand for library space in the LaPrade service area that is 2.5 times greater than the present facility provides. In order to meet current and projected demand, replacement of the existing 8,000 square foot LaPrade Library with a new 20,000 square foot facility is scheduled to FY 99/2000. The new Lucks Lane Library will be needed prior to 2015. The applicant has offered measures to assist in addressing the impact of this development on library facilities. (Proffered Condition 7) Parks and Recreation: The Public Facilities Plan identifies the need for two (2) new regional parks. In addition, there is currently a shortage of community level parks facilities in the northern area. The Public Facilities Plan identifies the need to acquire and develop 120 acres of community parks in the northern area of the County by the Year 2015. The applicant has offered measures to assist in addressing the impact of this development on these facilities. (Proffered Condition 7) Transportation: The applicant has proffered a maximum density of twenty-six (26) lots (Proffered Condition 1). Development is anticipated to generate approximately 300 average daily trips. These vehicles will be distributed along West Providence Road which had a 1997 traffic count of 5,928 vehicles per day. The Thoroughfare Plan identifies West Providence Road as a major arterial with a recommended right-of-way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right-of-way, measured from the centerline of West Providence Road, in accordance with that Plan. (Proffered Condition 8) Access to major arterials, such as West Providence Road, should be controlled. The applicant has proffered that direct access to West Providence Road will be limited to one (1) public road. (proffered Condition 9) Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to: 1) cOnstruct additional pavement along West Providence Road at the approved access to provide a right mm lane; and 2) relocate the 7 97SN0138/WP/JAN28H ditch to provide an adequate shoulder along West Providence Road for the entire property frontage. (Proffered Condition 10) 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 impact. (Proffered Condition 7) 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 Number of New Dwelling Units 26* 1.00 Population Increase 72.80 2.8 Number of New Students Elementary 7.20 0.28 Middle 3.48 0.13 High 4.03 0.16 TOTAL 14.72 0.57 Net Cost for Schools 80,678 3,103 Net Cost for Parks 16,458 633 Net Cost for Libraries 8,528 328 Net Cost for Fire Stations 7,436 286 Average Net Cost for Roads 64,194 2,469 TOTAL NET COST 177,294 I 6,819 * Based on a proffered number of 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 8 97SN0138/WP/JAN28H at $6,819 per unit. The applicant has been advised that a maximum proffer of $6,000 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. LAND USE Comprehensive Plan: Lies within the boundaries of the Northern Area Land Use and Transportation Plan which suggests the request property is appropriate for residential use of 1.5 units per acre or less. Area Development Trends: Area properties are zoned agriculturally and residentially and are characterized by single family residences on acreage parcels and within subdivisions and by vacant land. It is anticipated that residential zoning and land use patterns will continue in the area. Comparison of Area Density_. Lot Size and House Size with the Applicant's Proposal: Sections of Arrowhead Subdivision lying adjacent to the north and west boundaries of the request property have developed with densities ranging from approximately 2.2 to 2.3 units per acre. A section of Arrowhead Subdivision, lying adjacent to the northeast boundary of the request property, has developed with a density of 1.1 units per acre. The applicant has proffered a maximum of twenty-six (26) lots, yielding a density of approximately 2.1 units per acre. (Proffered Condition 1) In Arrowhead Subdivision, Sections 2 and 4, lots lying immediately adjacent to the north and west boundaries of the request property have developed with lot sizes ranging from approximately 11,200 square feet to approximately 17,800 square feet and an average lot size of approximately 14,500 square feet. In Arrowhead Subdivision, Section 5, lots lying immediately adjacent to the northeast boundary of the request property have developed with lot sizes ranging from approximately 10,000 square feet to 84,400 square feet and an average lot size of approximately 44,800 square feet. It should be noted that Arrowhead, Section 5, contains extensive floodplains, which account for the lower density and larger lot sizes of this section. 9 97SN0138/WP/JAN28H The applicant has not proffered minimum lot sizes in excess of Zoning Ordinance requirements; therefore, with the approval of R-12 zoning, the minimum lot size could be 12,000 square feet. However, the applicant has proffered an overall average lot size of 15,000 square feet. (Proffered Condition 2) Residences on lots in Arrowhead Subdivision lying immediately adjacent to the request property have gross floor areas that range between approximately 1,152 square feet and 2,912 square feet and an average gross floor area of approximately 1,600 square feet. The applicant has proffered that residences on the request property would have a minimum gross square footage of between 1,400 and 1,800 square feet. (proffered Condition 5) As noted herein, the request property lies adjacent to Arrowhead Subdivision to the north, northeast and west. Primary access into the subject property is planned via a proposed road from West Providence Road (Proffered Condition 9). A stub road recorded within Arrowhead Subdivision, Sections 2 and 4, could be used for emergency vehicle access only. (Proffered Condition 3) In an attempt to address the concerns of residents in Arrowhead Subdivision, the applicant has proffered that concrete curb and gutter will be ~talled along public roads within any planned subdivision (Proffered Condition 14). In addition, the applicant has proffered that driveways will be paved (Proffered Condition 13), At the time of tentative subdivision review, the exact treatment of the driveways will be addressed. Architectural Treatment: In an attempt to address the concerns of area residents, the applicant has proffered conditions designed to address, in part, the architectural treatment of houses built within any proposed subdivision. Specifically, the applicant has proffered that the exposed surfaces of all foundations, as well as the exposed exterior surfaces of chimneys, for dwelling units, will be faced with brick (Proffered Conditions 4 and 15). In addition, the applicant has proffered that no modular homes will be permitted and that a maximum of eight (8) 1-story dwelling units will be permitted. (Proffered Conditions 16 and 17) ;Enforcement of Proffered Conditions Typically, conditions designed to address issues sUch as the finished materials used on houses, the requirement that driveways be paved, the prohibition on modular houses, and the limitation on the number of 1-story homes, are incorporated into restrictive covenants. However, as styled, the enforcement of these conditions would be the responsibility of the County. The enforcement of these conditions by County personnel will involve substantial 10 97SN0138/WP/JAN28H investments in time and effort at public expense. Currently, there is insufficient staffing to ensure compliance with these conditions in a timely manner and, until adequate staffing is provided, the time period for the review of subdivision plats and building permits would be affected. Further, ensuring continued compliance with these conditions once a subdivision is approved and built will involve additional staffing to address potential complaints of non-compliance as a consequence of homeowners improving or modifying their driveways and homes. Violations could-involve costly measures to homeowners, such as the removal or replacement of improvements, or the additional costs to homeowners and the County involved in the filing of zoning applications to amend violated conditions. CONCLUSIONS The request property lies within the boundaries of the Northern Area Land Use and Transportation Plan which suggests the property is appropriate for residential use of 1.5 units per acre or less. However, area subdivisions, north and west of the request property, have developed with densities of approximately 2.2 to 2.3 units per acre using public water and sewer. As proposed, the current request would yield a density of 2.1 units per acre and require the use of the public water and wastewater systems. Therefore, this request conforms to existing area residential development patterns. In addition, the proffered conditions address the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (10/21/97): On their own motion, the Commission deferred this case to December 16, 1997, to allow further discussions regarding the proposed zoning with area residents. Staff (10/23/97): The applicant was advised in writing that any significant new or revised information should be submitted no later than October 27, 1997, for consideration at the Commission's December 16, 1997, public hearing. 11 97SN0138/WP/JAN28H Applicant, Staff, Area Property Owners and the Clover Hill District Commissioner (11/5/97): A meeting was held to discuss the proposed zoning. Applicant (11/26/97): The applicant submitted revisions to Proffered Condition 16, relative to a prohibition on modular homes to prohibit such homes "to the extent permitted by law." This change was made at the request of the County Attorney's office. Planning Commission Meeting (12/16/97): The applicant accepted the recommendation. An area property owner expressed concern relative to the proposed access to West Providence Road and the possibility that headlights from the access would shine into her home. The Commission requested that the Transportation Department work with her at the time of tentative subdivision review to address her concerns. On motion of Mr. Gulley, seconded by Mr. Marsh, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 4. AYES: Unanimous. The Board of Supervisors, on Wednesday, January 28, 1998, beg~ning at 7:00 p.m., will take under consideration this request. 12 97SN0138/WP/JAN28H EAGLEWOOD ARROWHEAD 'CHESTNUT ;H. N0138 :A TO R-12 14. 97SN0138 In Clover Hill Magisterial District, SAM MCEWEN III, CO- EXECUTOR OF FP~ANCES W. TUCKER ESTATE requested rezoning and amendment to zoning district map from Agricultural (A) to Residential (R-12) . A single family residential subdivision having a minimum lot size of 12,000 square feet is planned. The applicant has agreed to limit development to a maximum of twenty-six (26) lots, yielding a density of approximately 2.1 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.5 units per acre or less. This request lies on 12.4 acres fronting in two (2) places on the north line of West Providence Road for a total of approximately 55 feet, across from Willtee Lane, also lying at the eastern terminus of Bark Trail. GPIN 747- 693-6572 and 748-693-1215 (Sheet 14). Mr. Jacobson presented a summary of Case 98SN0138 and stated that staff and the Planning Commission recommend approval and acceptance of the proffered conditions. Mr. Andrew Scherzer, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mr. Barber, the Board approved Case 97SN0138 and accepted the following proffered conditions: 1. A maximum of twenty-six (26) lots shall be permitted. The overall average lot size shall be a minimum of 15,000 square feet. There shall be no public road access to Bark Trail in Arrowhead Subdivision. A twenty (20) foot easement for emergency access may be provided. 4. The exposed surfaces of all foundations for dwelling 1/28/98 98-58 10. units shall be faced with brick. The minimum gross square footage for homes shall be as follows: 1-story 1,400 gross square feet 1 M-story 1,600 gross square feet 2-or more stories 1,800 gross square feet; or 1,600 gross square feet with at least a one (1) car attached garage. The public water and wastewater systems shall be used. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield at the time of building permit application for infrastructure improvements within the service district for the property: $6000 per lot, if paid prior to July 1, 1998; or The amount approved by the Board of Supervisors not to exceed $6819 per lot, if paid between July 1, 1998 and June 30, 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 conjunction with recordation of the first subdivision plat, forty-five (45) feet of right-of-way on the north side of West Providence Road, measured from the centerline of that part of West Providence Road immediately adjacent to the request property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Direct access to West Providence Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. To provide an adequate roadway system at the time of complete development, the owner/developer shall be responsible for the following: Construction of additional pavement along West Providence Road at the approved access to provide a right turn lane; Relocation of the ditch to provide an adequate shoulder along the north side of West Providence Road for the entire property frontage; and Dedication to Chesterfield unrestricted, any additional easements) required for County, free and right-of-way (or the improvements 1/~8/98 98-59 11. 12. 13 14 15 16 17 18 identified above. Prior to any road and drainage plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 10, shall be submitted to and approved by the Transportation Department. Drainage from the impervious surfaces of roofs and driveways on lots abutting properties identified as Tax Map 20-7 (10) Lots 1, 2, 3, and 4 and Tax Map 20-7 (12) Lots 7 and 8 shall be directed away from these properties and shall outfall into a swale provided for this purpose on the northeastern boundary of the request property. Driveways shall be paved. The exact pavement type shall be approved by the Planning Department. Concrete curb and gutter shall be installed along all public roads. The exposed surfaces of fireplace chimneys for dwelling units shall be faced with brick. To the extent permitted by law, no modular homes shall be permitted. A maximum of eight (8) 1-story dwelling units shall be permitted. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. 19. Ayes: Nays: Stormwater shall be retained on-site based on the post development 2 and 10 year storm rates and released at a rate no greater than the pre-development 2 and 10 year storm rates. Humphrey, Warren, Barber, Daniel, and McHale. None. 1/28/98 98-60