CASE NUMBER: 16SN0504 APPLICANT: Windswept Development LLC

Transcription

1 CASE NUMBER: 16SN0504 APPLICANT: Windswept Development LLC ADDENDUM CHESTERFIELD COUNTY, VIRGINIA Magisterial District: MIDLOTHIAN 2200 N Otterdale Road Board of Supervisors (BOS) Public Hearing Date: OCTOBER 28, 2015 BOS Time Remaining: 365 DAYS Applicant s Agent: ANDREW M. SCHERZER ( ) Applicant s Contact: WINDSWEPT DEVELOPMENT LLC ( ) Planning Department Case Manager: DARLA ORR ( ) APPLICANT S REQUESTS REQUEST I: Amendments to Proffered Condition 3 of Case 05SN0329 to increase density and to Proffered Condition 3 of Case 14SN0578 relative to cash proffers for the proposed additional units. REQUEST II: Exception to street access requirements to permit more than fifty (50) lots off of one (1) access to a public road. Specifically, the applicant is requesting approval to permit a maximum of sixty-two (62) lots off of one (1) access. Expansion of a single-family residential subdivision, being developed as St. Ives subdivision, is proposed. An additional 16 lots are proposed resulting in a maximum of 62 lots, yielding 1.2 dwelling units per acre. Note: Conditions may be imposed or the property owner(s) may proffer other conditions. ADDENDUM The purpose of this Addendum is to provide revised comments received from the Environmental Engineering Department. Environmental Engineering comments are provided on Page 4. Staff continues to recommend denial of this request as outlined on the following page. Providing a FIRST CHOICE community through excellence in public service

2 RECOMMENDATIONS RECOMMEND APPROVAL OF REQUESTS I (Zoning Amendments) AND II (Street Access) PLANNING COMMISSION (9/15/2015) STAFF Addresses development impacts for additional dwe4llings, with school cash proffer equal to full calculated impact Density is compatible with area development Street access exception prevents additional stream crossing Ayes: Gulley, Waller, Patton and Wallin Nays: Brown RECOMMEND DENIAL OF REQUEST I (Zoning Amendments) While the proposal addresses development impacts, it exceeds residential density recommended by the Comprehensive Plan RECOMMEND DENIAL OF REQUEST II (Street Access) Insufficient justification offered for granting exception 2 16SN OCT28-BOS-ADD

3 Department PLANNING SUMMARY OF IDENTIFIED ISSUES Issue Request I (Zoning Amendments) Exceeds maximum density recommended as appropriate by Comprehensive Plan (1.2 rather than 1 dwelling unit per acre) Request II (Street Access) Insufficient justification offered to support requested exception, as outlined in the Subdivision Ordinance BUDGET AND MANAGEMENT FIRE Cannot support exception to street access requirements to permit more than fifty (50) lots off of one (1) public road access PARKS AND RECREATION LIBRARIES SCHOOLS CDOT VDOT UTILITIES ENVIRONMENTAL ENGINEERING 3 16SN OCT28-BOS-ADD

4 ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Scott Dunn ( ) While final determination can only be made based on submittal of construction plans, the schematic conceptual plan presented with the exception request will have the least environmental impact as compared to a second road access on N Otterdale Rd. 4 16SN OCT28-BOS-ADD

5 Board of Supervisors (BOS) Public Hearing Date: OCTOBER 28, 2015 BOS Time Remaining: 365 DAYS CASE NUMBER: 16SN0504 APPLICANT: Windswept Development LLC STAFF S ANALYSIS AND RECOMMENDATION Applicant s Agent: ANDREW M. SCHERZER ( ) Applicant s Contact: WINDSWEPT DEVELOPMENT LLC ( ) Planning Department Case Manager: DARLA ORR ( ) CHESTERFIELD COUNTY, VIRGINIA Magisterial District: MIDLOTHIAN 2200 N Otterdale Road APPLICANT S REQUESTS REQUEST I: Amendments to Proffered Condition 3 of Case 05SN0329 to increase density and to Proffered Condition 3 of Case 14SN0578 relative to cash proffers for the proposed additional units. REQUEST II: Exception to street access requirements to permit more than fifty (50) lots off of one (1) access to a public road. Specifically, the applicant is requesting approval to permit a maximum of sixty-two (62) lots off of one (1) access. Expansion of a single-family residential subdivision, being developed as St. Ives subdivision, is proposed. An additional 16 lots are proposed resulting in a maximum of 62 lots, yielding 1.2 dwelling units per acre. Notes: A. Conditions may be imposed or the property owner(s) may proffer other conditions. B. Proffered conditions, conditions of Cases 05SN0329 and 14SN0578 and a conceptual subdivision layout are located in Attachments 1-4 Providing a FIRST CHOICE community through excellence in public service

6 RECOMMENDATIONS RECOMMEND APPROVAL OF REQUESTS I (Zoning Amendments) AND II (Street Access) PLANNING COMMISSION (9/15/2015) STAFF Addresses development impacts for additional dwe4llings, with school cash proffer equal to full calculated impact Density is compatible with area development Street access exception prevents additional stream crossing Ayes: Gulley, Waller, Patton and Wallin Nays: Brown RECOMMEND DENIAL OF REQUEST I (Zoning Amendments) While the proposal addresses development impacts, it exceeds residential density recommended by the Comprehensive Plan RECOMMEND DENIAL OF REQUEST II (Street Access) Insufficient justification offered for granting exception 2 16SN OCT28-BOS-RPT

7 Department PLANNING SUMMARY OF IDENTIFIED ISSUES Issue Request I (Zoning Amendments) Exceeds maximum density recommended as appropriate by Comprehensive Plan (1.2 rather than 1 dwelling unit per acre) Request II (Street Access) Insufficient justification offered to support requested exception, as outlined in the Subdivision Ordinance BUDGET AND MANAGEMENT FIRE Cannot support exception to street access requirements to permit more than fifty (50) lots off of one (1) public road access PARKS AND RECREATION LIBRARIES SCHOOLS CDOT VDOT UTILITIES ENVIRONMENTAL ENGINEERING 3 16SN OCT28-BOS-RPT

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9 Map 2: Comprehensive Plan Classification: LOW DENSITY RESIDENTIAL The designation suggests the property is appropriate for low density residential use with a maximum of 1 dwelling unit per acre. Map 3: Surrounding Land Uses & Development N Otterdale Rd Single family residential Brookcreek Crossing, Rosemont and Salisbury Route 288 N Otterdale Rd Commercial and office use Watkins Center 5 16SN OCT28-BOS-RPT

10 ZONING HISTORY PLANNING Staff Contact: Darla Orr ( ) Case Number BOS Action Request Rezone 50.7 acres from A to R-12 with Conditional Use o Limited to 46 lots 05SN0329 o Transportation contribution for N. Otterdale Road APPROVED extension with initial development 3/8/2006 o Optional senior occupancy o Conditions addressed buffers; architecture and driveway treatment; open space; setbacks; and access Amendment to Case 05SN0329 to: o Modify architectural standards, reduce garage setbacks, and modify cash proffer relative to credit for road improvements 14SN0578 o Delete age restriction and upfront transportation APPROVED contribution 7/23/2014 o N Otterdale Road extension planned to be built with first phase of development Approved conditions addressed: architecture and building materials; landscaping; construction hours; setbacks for front loaded garages and impacts on capital facilities PROPOSAL Amendments to the existing zoning and relief to street access requirements are proposed to permit expansion of a single-family residential development, known as St. Ives subdivision. This development was approved in 2005 with 46 lots on 50.7 acres yielding 0.9 dwelling units per acre, in compliance with the Plan s recommended density of 1 dwelling unit per acre. REQUEST I (AMENDMENTS DENSITY AND CASH PROFFERS): With the proposed amendment to Proffered Condition 3 of Case 05SN0329, the permitted density would increase from 46 to 62 lots. This would yield a density of 1.2 dwelling units per acre, exceeding the Plan s recommended density of 1 dwelling unit per acre. Details regarding the amendment to cash proffers (Proffered Condition 3 of Case 14SN0578) may be found in the Financial Impact on Capital Facilities section. REQUEST II (RELIEF TO STREET ACCESS REQUIREMENTS): To provide emergency vehicles access should one (1) entrance into a development become blocked during an emergency situation, the Subdivision Ordinance (Section 17-76) requires a second public road access for developments with a cumulative total of more than fifty (50) lots. 6 16SN OCT28-BOS-RPT

11 The applicant is seeking relief to this street access requirement to permit sixty-two (62) lots to be recorded off of the one (1) public road access to North Otterdale Road. Through the zoning process, the Planning Commission may grant relief for a maximum of sixtytwo (62) lots off of one (1) access if a preliminary tentative plat is submitted with sufficient documentation that clearly demonstrates: A. Existing severe topographic, physical or extenuating circumstances exist so that there is no other practical means of providing another access; and B. Financial hardship is not the principal reason for the waiver; or C. Without granting relief to these requirements traffic on an existing local street will exceed the Planning Commission s Stub Road Policy as determined by the Director of Transportation. The applicant has provided a conceptual subdivision layout and statement that an RPA through the property would make it impractical to build a second access to North Otterdale Road. The conceptual plan and justification do not demonstrate sufficient documentation to demonstrate relief is appropriate. (Attachment 4) Staff cannot support this request for relief: Approval of this request would allow development of additional lots contrary to the recommended density of the Plan The request fails to meet the Ordinance criteria under which relief should be granted 7 16SN OCT28-BOS-RPT

12 FINANCIAL IMPACT ON CAPITAL FACILITIES Budget and Management Staff Contact: Natalie Spillman ( ) The need for schools, parks, libraries, fire stations and transportation facilities in this area is identified in the County s adopted Public Facilities Plan, Thoroughfare Plan and Adopted Capital Improvement Program and further detailed by specific departments in the applicable sections of this request analysis. 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 $23,418 per unit. The original zoning Case (05SN0329) was approved in March 2008 with a density of forty-six (46) units and with cash proffers based on age and non-age restricted options and a lump sum payment to address transportation improvements. This case was amended in July 2014 (14SN0578), which deleted the age restricted proffer as well as amended the cash proffer to the amount of $11,262, to be allocated $1,198 for parks and recreation, $310 for libraries, $681 for fire and $9,073 for schools and proffered road improvements in lieu of the transportation cash proffer. The applicant has requested to amend the previously approved cases by modifying conditions in Case 05SN0329 relative to density and Case 14SN0578 relative to cash proffers. The applicant has requested to increase the density by sixteen (16) units, for a maximum density of sixty-two (62) units. To address the impact of this development on capital facilities, the applicant has requested to modify the existing cash proffer condition which maintains the current amount of $11,262 for the first forty-six (46) units and adds language for the remaining sixteen (16) lots to pay the current maximum of $18,966. All other applicable conditions of the previously approved cases would still apply, including the proffered transportation improvements in Case 14SN0578. In this case for the additional sixteen (16) lots the applicant has proffered the full calculated amount of $9,648 for schools (in lieu of $7,814), while allocating the remaining balance of the $18,966 pro-rated among the other facility costs as follows: $911 for parks, $215 for libraries, $583 for fire stations and $7,609 for roads. While this deviates from the Board s pro-rated category allocations, staff is supportive of this proffer as a means to better address the impact of this proposal on school 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 maintain the current cash proffer of $11,262 on the first forty-six (46) units and accept the maximum cash proffer of $18,966 for the remaining sixteen (16) units. 8 16SN OCT28-BOS-RPT

13 Per Dwelling Unit Impact on Capital Facilities 16 (Potential Units) Facility Categories FY16 Calculated Impact Cash Proffer on Existing Zoning 46* Applicant's Proposal (Current BOS Maximum) Schools $9,648 $9,073 $9,648 Parks $1,347 $1,198 $911 Libraries $318 $310 $215 Fire Stations $861 $681 $583 Roads $11,244 $0 $7,609 Total $23,418 $11,262 $18,966 Overall Impact on Capital Facilities Schools $154,368 $417,358 $154,368 Parks $21,552 $55,108 $14,576 Libraries $5,088 $14,260 $3,440 Fire Stations $13,776 $31,326 $9,328 Roads $179,904 $0 $121,744 Total $374,688 $518,052* $303,456 *The total overall impact on capital facilities for the cash proffer on existing number of units is calculated against the proffered maximum number of units (46) per Case 05SN0329. Actual number of units and corresponding impact may vary. 9 16SN OCT28-BOS-RPT

14 PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten ( ) The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the environment through a comprehensive fire and life safety program that ensures an adequate and timely response to emergencies. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: 1 With the aging of population, medical emergency incidents are expected to increase faster than the rate of population growth over time. 1 The financial impact of residential development on fire facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Information: County-wide Fire & EMS Service Information & Needs Recommendations for Fire Stations by 2022 New 5 Replacement/Revitalization Incidents as a percent of total 1 Fire 24% EMS (Emergency Medical Services) 76% Fire/EMS Increases in Call Volume from 2001 and % County Population Increase from 2001 to % Fire Service - Project Impacts Estimated Number of Calls for Service Annually (For 16 additional units) Applicant s Proposal to Address Impacts 1 Offered in accordance with Policy Fire and EMS does not support the request to allow sixty-two (62) lots off of one (1) point of access. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Information relative to nearby fire and emergency service facilities can be found in Attachment 5. 3 Proffered Condition SN OCT28-BOS-RPT

15 PARKS AND RECREATION Staff Contact: Brian Geouge ( ) The County supports a high-quality park system to provide residents and visitors with equitable access to active and passive recreation opportunities. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County-wide Parks and Recreation Needs Park Type Number of New Parks Aggregate Acreage Regional Community Neighborhood Special Purpose Urban Linear The Public Facilities Plan notes facility recommendations for water-based parks. All other facilities are acquired and developed on a site-by-site basis. 2 Facilities are recommended in urban areas where there is limited acreage available for park development. 3 Facility needs are assessed on a site-by-site basis as recommended in the Public Facilities Plan County Level of Service Target Level of Service Applicant s Proposal to Address Impacts 1 1 The financial impact of residential development on parks facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Information: Parks and Recreation Project Impacts 5.9 Acres of Regional, Community and/or Neighborhood parkland per 1,000 persons 9 Acres of Regional, Community and/or Neighborhood parkland per 1,000 persons Offered in Accordance with Policy Proffered Condition 2 Information relative to nearby parks and recreation facilities can be found in Attachment SN OCT28-BOS-RPT

16 LIBRARIES Staff Contact: Debra Winecoff ( ) The public library system s role in the county has expanded beyond its traditional function as a resource for information and materials, and now serves as a community gathering place for educational, cultural and informational services; community support during emergencies; economic development; and revitalization activities. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: Facility Action Expand or Replace Construction of New Facilities County-wide Library Needs County-wide Facility Needs 5 Libraries 5 Libraries 1 Community Arts Center Libraries - Project Impacts Applicant s Proposal to Offered in accordance with Policy Address Impacts 1 Proffered Condition 2 1 The financial impact of residential development on library facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Library Information: Information relative to nearby library facilities can be found in Attachment SN OCT28-BOS-RPT

17 SCHOOLS Staff Contact: Atonja Allen ( ) High performing, high quality public schools contribute to the quality of life and economic vitality of the County. The Comprehensive Plan suggests a greater focus should be placed on linking schools with communities by providing greater access, flexible designs and locations that better meet the needs of the communities in which they are located. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County-wide School Needs School Types Facilities to Revitalize/Replace New Facilities Elementary 16 3 Middle 6 2 High 2 3 Technical - 1 Average Student Yield Applicant s Proposal to Address Impacts 1 Schools - Project Impacts Elementary 3 Middle 2 High 2 Total 7 Offered in Accordance with Policy Proffered Condition 2 1 The financial impact of residential development on school facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Information: After review of this request, based on current school assignments and student enrollment the proposed rezoning case will have an impact on schools. It is possible that over time this case, combined with other tentative residential developments and other zoning cases in the area will continue to push these schools to their capacity and therefore impact the capacity of facilities division-wide. Information relative to schools currently serving area can be found in Attachment SN OCT28-BOS-RPT

18 COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and recommendations are detailed in the chart below: Cash Proffer Policy Recommendation Applicant s Proposal Offered in Accordance with Policy Proffered Condition 2 No comment VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker ( ) brian.lokker@vdot.virginia.gov 14 16SN OCT28-BOS-RPT

19 WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland ( ) The request will have a minimal impact on the public utility systems. The proposal s specific impacts are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code? Serviced? Water No 16 Yes Wastewater No 15 & 21 Yes Map 5: Existing Water & Wastewater Systems 15 16SN OCT28-BOS-RPT

20 ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard ( ) Environmental Engineering has no comment on this request SN OCT28-BOS-RPT

21 7/6/2015 Application submitted 8/17, 8/20 & 9/2/2015 CASE HISTORY Applicant Submittals Applicant submitted amendments to proffered conditions and the conceptual subdivision layout Community Meeting 8/19/2015 Issues Discussed: Sidewalks should be provided on both sides of roads All requirements of St. Ives should be maintained Over-crowding and relief plans for Watkins Elementary Planning Commission Meeting 9/15/2015 Citizen Discussion No one spoke to support or oppose the case Applicant Discussion Proposal offers full cash proffer for additional lots Minimal increase in density over Plan recommendation Exception to second access will avoid impact on creek and RPA Commission Discussion Mr. Waller stated expansion would meet conditions approved in original case; full cash proffer is offered for additional units with Schools receiving an amount equal to full calculated impact; and density is compatible with area development School analysis of capacities and district boundaries Dr. Brown expressed safety was his concern and he could not support approving more than 50 lots off of 1 access Dr. Wallin indicated additional lots were better use for neighborhood than large BMP originally planned. Recommendation: APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Waller Second: Patton AYES: Gulley, Waller, Patton and Wallin NAYS: Brown The Board of Supervisors on Wednesday, October 28, 2015, beginning at 6:30 p.m., will consider this request SN OCT28-BOS-RPT

22 PROFFERED CONDITIONS ATTACHMENT 1 Note: (CPC) Recommended by the Planning Commission With the approval of this request, Proffered Condition 3 of Case 05SN0329 and Proffered Condition 3 of Case 14SN0578 shall be amended as outlined below. All other conditions of Cases 05SN0329 and 14SN0578 shall remain in force and effect. Proffered Condition 3 of Case 05SN0329 shall be amended to read as follows: (CPC) 1. The maximum density of this development shall not exceed sixty-two (62) lots. A maximum of forty-five (45) lots shall be permitted on GPIN and a maximum of seventeen (17) lots shall be permitted on GPIN and (P) Proffered Condition 3 of Case 14SN0578 shall be amended to read as follows: (CPC) 2. Cash Proffer: The applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, for infrastructure improvements within the service district for the property: A. For the first 46 dwelling units, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a certificate of occupancy for infrastructure improvements within the service district for the property, unless state law prevents enforcement of that timing: i. $11, per dwelling unit, for the period beginning the July 1 preceding the Board of Supervisor s approval of the case through July 1 four years later, as which point the amount will be adjusted for the cumulate change in the Marshall and Swift Building Cost Index during that time period. At the time of payment $11, will be allocated pro-rata among the facility costs as follows: $1, for parks and recreation, $ for library facilities, $9, for schools and $ for fire stations. ii. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year; iii. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. iv. Should any impact fees be imposed by the County of Chesterfield at any time during the life of the development that are applicable to the property, the 18 16SN OCT28-BOS-RPT

23 amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B & M) B. For each dwelling unit in excess of 46, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the cash proffer service district for the property, unless state law prevents enforcement of that timing: i. $18, per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors approval of the case through July 1 four years later, at which point the amount will be adjusted for the cumulative change in the Marshall and Swift Building Cost Index during that time period. The $18,966 will be allocated pro-rata among the facility costs as follows: $9, for schools, $ for parks and recreation, $ for library facilities, $7, for roads, and $ for fire stations. ii. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. iii. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. iv. Should any impact fees be imposed by the County of Chesterfield at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B & M) 19 16SN OCT28-BOS-RPT

24 CASE 05SN0329 CONDITIONS OF APPROVAL ATTACHMENT SN OCT28-BOS-RPT

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31 CASE 14SN0578 CONDITIONS OF APPROVAL ATTACHMENT SN OCT28-BOS-RPT

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40 ATTACHMENT 4 CONCEPTUAL SUBDIVISION LAYOUT and JUSTIFICATION REQUEST II August 19, SN OCT28-BOS-RPT

41 SUPPLEMENTAL PUBLIC FACILITIES STATISTICS ATTACHMENT 5 Current and Projected Figures 2 Trailers Capacity Categories SUPPLEMENTAL PUBLIC FACILITIES STATISTICS Schools Currently Serving Area Membership Watkins Elementary School Functional Capacity % Capacity Midlothian Middle School Membership Functional Capacity % Capacity Membership Midlothian High School Functional Capacity Number of Trailers % Capacity 1 Trailers are not identified in the staff report for schools under 90% capacity. 2 Disclaimer: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS. They are based on the September 30 membership and Space Utilization Study Report for a given year. School boundary adjustments may be made to address over capacity levels. Nearby Public Facilities Fire Station Midlothian Fire Station, Company Number 5 EMS Facility Forest View Volunteer Rescue Squad Library Midlothian Library Parks & Recreation Watkins Annex and Mid-Lothian Mines Parks 37 16SN OCT28-BOS-RPT