ADDENDUM 07SN0358. Chris and Gladys Kalentzos

Transcription

1 September 16, 2008 P DDENDU 07SN0358 hris and Gladys Kalentzos atoaca agisterial District Grange Hall Elementary; Tomahawk reek iddle; and osby High Schools ttendance Zones West line of Weatherbury Place REQUEST: Rezoning from Residential (R-40) to Residential (R-15). PROPOSED LND USE: single-family residential subdivision with a minimum lot size of 15,000 square feet is planned. The applicant has agreed to limit development to a maximum of six (6) lots, yielding a density of approximately 0.7 lots per acre. (Proffered ondition 2) The staff report notes issues staff has with proffered conditions relative to water quality and development standards for property adjacent to Weatherbury Place. However, these issues were inadvertently left out of the REOENDTION section of the report and have been included in this addendum. In addition, since publication of the Request nalysis staff has been notified of a new middle school attendance zone for this property. The site is no longer located in the Swift reek iddle School ttendance Zone. With the recent opening of Tomahawk reek iddle School, this school will now serve the request property. Tomahawk reek iddle School has a capacity of 1,200 and enrollment of 1,086, as of September 15, REOENDTION B. The proposal fails to address water quality concerns with respect to the existing pond as noted herein.. The proffered condition relative to development of property immediately adjacent to Weatherbury Place is unclear and should be clarified should the ommission and Board wish to approve this request. Providing a FIRST HOIE community through excellence in public service

2 The ONLUSION should also include language indicating the proposal fails to address Environmental Engineering s water quality concerns relative to the existing pond being utilized to help protect water quality and noting the lack of clarity of the proffered condition relative to property adjacent to Weatherbury Place. Staff continues to recommend denial of this request for the reasons noted in the Request nalysis and in this addendum. 2 07SN0358-SEP16-P-DD

3 July 15, 2008 P September 16, 2008 P STFF S REQUEST NLYSIS ND REOENDTION 07SN0358 hris and Gladys Kalentzos atoaca agisterial District Grange Hall Elementary; Swift reek iddle; and osby High Schools ttendance Zones West line of Weatherbury Place REQUEST: Rezoning from Residential (R-40) to Residential (R-15). PROPOSED LND USE: single-family residential subdivision with a minimum lot size of 15,000 square feet is planned. The applicant has agreed to limit development to a maximum of six (6) lots, yielding a density of approximately 0.7 lots per acre. (Proffered ondition 2) Recommend denial for the following reason: REOENDTION While the proposed zoning and land uses conform to the Upper Swift reek Plan, which suggests the property is appropriate for residential use of 2.0 units per acre or less and proffered conditions address the impact of the development on school, library, fire and park facilities, the proposal fails to adequately address the impact of the development on area roads, as discussed herein. (NOTE: THE ONLY ONDITION THT Y BE IPOSED IS BUFFER ONDITION. THE PROPERTY OWNER(S) Y PROFFER OTHER ONDITIONS.) PROFFERED ONDITIONS 1. In addition to the Transportation ontribution in Proffered ondition 9, the applicant, subdivider, or assignee(s) shall pay the following, for infrastructure Providing a FIRST HOIE community through excellence in public service

4 improvements within the service district for the property, to the county of hesterfield prior to the issuance of building permit:. If paid prior to July 1, 2009, $7, per dwelling unit. t time of payment $7, will be allocated pro-rata among the facility costs as follows: $6, for schools, $ for parks and recreation, $ for library facilities, and $ for fire stations; or B. The amount approved by the Board of Supervisors not to exceed $7, per dwelling unit adjusted upward by any increase in the arshall and Swift building cost index between July 1, 2008, and July 1 of the fiscal year in which the payment is made.. ash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. D. Should any impact fees be imposed by the ounty of hesterfield 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 ounty. (B&) 2. The maximum density of this development shall not exceed six (6) lots. (P) 3. Storm water anagement: The developer acknowledges that, if the water quality of the Swift reek Reservoir has reached a median level that exceeds.035 mg/l in-lake phosphorus or otherwise degrades to an unacceptable level, the ounty may adopt phosphorus loading standards that are more restrictive than the standards applicable on the date on which the Board of Supervisors approves this rezoning request. To mitigate the impact of this development on the water quality of the Swift reek Reservoir and the Upper Swift reek Watershed, and consistent with the ounty s duty to exercise its police powers to protect the ounty s water supply, the Developer and his assignees agree that the phosphorous loading standards of the Zoning Ordinance, any water quality or storm water management standards adopted by the ounty to mitigate the impact of development on the water quality of the Reservoir, and any water quality standards required by the state or federal governments that are applicable to any undeveloped portion of the Property shall be those standards that are in effect at the time of subdivision plan approval. ll substantially approvable construction plans in the department of Environmental Engineering that have complied with the submittal criteria for review shall not be affected. (EE) 4. Except as noted in Proffered ondition #6, the minimum gross floor area for dwelling units shall be 2000 square feet. (BI & P) 5. ll exposed portions of the foundation and exposed piers supporting front porches of each dwelling unit shall be faced with brick, decorative masonry or stone veneer or exterior insulation and finishing systems (EIFS) materials. (BI & P) 2 07SN0358-JUL15-P-RPT

5 6. The portion of the subject property that is immediately adjacent to Weatherbury Place shall be designed and constructed to Residential R-25 standards and dwelling units on this property shall have a minimum gross floor area of 3,000 square feet. (P) 7. The existing pond shall remain. (EE) 8. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 9. Transportation ontribution.. The applicant, his successor(s), or assignee(s) (the pplicant ) shall comply with the obligations of Proffered ondition 1 and, also shall pay to the ounty of hesterfield within 30 days of Tentative Plan approval $3, per approved lot. If this amount is paid after June 30, 2009, the amount paid shall be adjusted upward annually by the percentage increase in the arshall and Swift Building ost Index. B. The applicant, his successor(s), or assignee(s) (the pplicant ) shall comply with the obligations of Proffered ondition 1 and 10.., and shall pay to the ounty of hesterfield at time of recordation $6, per lot. If this amount is paid after June 30, 2009, the amount paid shall be adjusted upward annually by the percentage increase in the arshall and Swift Building ost Index.. If the pplicant provides offsite road improvements then the transportation contribution in this Proffered ondition shall be reduced by an amount equal to the cost to construct the Improvements. Thereafter, the pplicant shall pay the balance of the transportation contribution as set forth in this Proffered ondition. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of right-of-way acquisition, engineering costs, wetlands permitting and mitigation, costs of relocating utilities and actual costs of construction (including labor, materials, and overhead) ( Work ). Before any Work is performed, the pplicant shall receive prior written approval by the Transportation Department for any credit. However, under no circumstances shall the pplicant be required to expend any amount for transportation contributions and/or the cost of improvements pursuant to Proffered ondition 9 in excess of the total amount stated herein. (T) 3 07SN0358-JUL15-P-RPT

6 GENERL INFORTION Location: West line of Weatherbury Place, north of Genito Road. Tax IDs , 2247 and Existing Zoning: Size: R acres Existing Land Use: Single-family residential or vacant djacent Zoning and Land Use: North - R-40; Single-family residential South - ; Single-family residential East - R-40 and ; Single-family residential with Special Exception to operate a catering business West - ; Vacant Public Water System: UTILITIES The request site is within the lover Hill Water Pressure Zone and the public water system is available to serve the request site. There is an eight (8) inch water line extending along Weatherbury Place adjacent to this site. Use of the public water system is required by ounty ode. Public Wastewater System: The request site is within the Upper Swift reek Service rea. forty-two (42) inch wastewater trunk line extends along the north side of Swift reek approximately 5,000 feet north of this site. The hydraulic analysis prepared by E. D. Lewis and ssociates in conjunction with the Swift reek Trunk Line Plans, calls for a future trunk line along the south side of Swift reek from the existing line at its proposed crossing point west of Turkey reek, to the request site, for a total off-site extension of approximately 7,800 feet. Use of the public wastewater system is required by ounty ode. 4 07SN0358-JUL15-P-RPT

7 ENVIRONENTL Drainage and Erosion: The subject properties drain to a pond that straddles all three parcels and then via tributaries to Swift reek and then to Swift reek Reservoir. There are no existing or anticipated on- or off-site drainage or erosion problems. The property should not be timbered without the developer obtaining a land disturbance permit from the Department of Environmental Engineering (Proffered ondition 8). This will insure adequate erosion control measures are in place prior to any land disturbance. Water Quality: Proffered ondition 3 requirements for mitigating impacts on the water quality of the Swift reek Reservoir exceed the water quality standards implemented with the Upper Swift reek Plan adopted in October of These requirements are representative of recently approved standards for cases in the Upper Swift reek area and are acceptable in this case. In addition, the existing pond on the property should remain to help protect the water quality of the Swift reek Reservoir. Proffered ondition 7 fails to address this concern and should be modified. PUBLI FILITIES The need for schools, parks, libraries, fire stations, and transportation facilities is identified in the Public Facilities Plan, Thoroughfare Plan and apital Improvement Program and further detailed by specific departments in the applicable sections of this Request nalysis. Fire Service: The Public Facilities Plan indicates that fire and emergency medical service (ES) calls are expected to increase forty-four (44) to seventy-eight (78) percent by Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the new stations, the Plan also recommends the expansion of five (5) existing stations. Based on six (6) dwelling units, this request will generate approximately one (1) call for fire and emergency medical service each year. The applicant has addressed the impact of this proposed development on fire and ES. (Proffered ondition 1) The Swift reek Fire Station ompany 16 currently provides fire protection and emergency medical service. 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. 5 07SN0358-JUL15-P-RPT

8 Schools: Libraries: pproximately three (3) students (Elementary: 1, iddle: 1, High: 1) will be generated by this development. urrently, this site lies in the Grange Hall Elementary School attendance zone: capacity - 825, enrollment 912; Swift reek iddle School zone: capacity - 1,027, enrollment - 1,523; and osby High School zone: capacity 1,750, enrollment 1,758. The enrollment is based on October 1, 2007 and the capacity is as of This request will have an impact on the elementary and middle school level. There are currently twenty (20) trailers at Swift reek iddle. Tomahawk reek iddle School has recently opened. This school provides relief for Bailey Bridge iddle, idlothian iddle and Swift reek iddle Schools. This area of the ounty continues to experience growth and this school will provide much needed space. This case combined with other tentative residential developments and zoning cases in the area will continue to push these schools to capacity. This case could necessitate some form of relief in the future. The applicant has addressed the impact of this development on school facilities. (Proffered ondition 1) onsistent with the Board of Supervisors policy, the impact of development on library services is assessed ountywide. Based on projected population growth, The Public Facilities Plan identifies a need for additional library space throughout the ounty. Development in this area of the ounty would most likely impact either the existing idlothian or lover Hill Libraries. The Public Facilities Plan indicates a need for additional library space and identifies the need for two (2) new facilities, one in the vicinity of Powhite Parkway and Genito Road and one in the vicinity of Winterpock and Beach Roads. The applicant has addressed the impact of this proposed development on library facilities. (Proffered ondition 1) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional, seven (7) community and twenty-nine (29) neighborhood parks by In addition, there is a shortage of community and neighborhood park acreage in the ounty. The Public Facilities Plan identifies a need for 354 acres of regional park space, 252 acres of community park space and 199 acres of neighborhood park space by The Plan also identifies the need for linear parks and resource-based special-purpose parks (historical, cultural and environmental) and makes suggestions for their locations. The Plan addresses the need for additional recreational facilities to include sports fields, trails, playgrounds, court games, senior centers and picnicking area/shelters at existing parks to complete build-out, and identifies the need for water access and trails along the James and ppomattox Rivers and their major tributaries, Swift and Falling reeks. o-location with middle and elementary schools is desired. The applicant has offered measures to address the impact 6 07SN0358-JUL15-P-RPT

9 of this proposed development on the infrastructure needs of Parks and Recreation. (Proffered ondition 1) Transportation: The applicant is requesting rezoning from Residential (R-40) to Residential (R-15) on approximately eight (8) acres in the Upper Swift reek Plan area. Based on trip generation rates for single-family housing and the maximum density of six (6) lots identified in Proffered ondition 2, development of the property could generate approximately eighty (80) average daily trips. Genito and Otterdale Roads will be directly impacted by this traffic. Genito Road had a 2008 traffic count of 3,703 vehicles per day and was functioning at an acceptable Level of Service D. Otterdale Road had a 2008 traffic count of 1,157 vehicles per day and was functioning at an acceptable Level of Service. Otterdale Road in the vicinity of the property has extremely poor vertical and horizontal alignments, narrow pavement widths, no shoulders and fixed objects adjacent to the edge of pavement. Genito Road also has narrow pavement widths, no shoulders and fixed objects adjacent to the edge of pavement. Significant improvements to both of these roads should be committed before any additional traffic is added to them. Because the applicants have not committed to provide sufficient improvements to area roads, including Genito and Otterdale Roads, the Transportation Department cannot support this request. rea roads need to be improved to address safety issues and accommodate the increase in traffic. The applicants have proffered to contribute cash (Proffered ondition 9), in an amount consistent with the Board of Supervisors Policy, towards mitigating the traffic impact of this request; however, the Transportation Department recommends that the applicants provide improvements to area roads in lieu of cash. Because the applicants have not proffered to provide sufficient improvements to area roads, the Transportation Department cannot support this request. ash proffers alone will not be sufficient to fund the road improvements necessary in this area. There are only two (2) public projects planned in the area: reconstruction of a bridge on Otterdale Road and improvements to the intersection of Otterdale Road and Genito Road. t this time, the intersection project does not have adequate funding for construction. VDOT s hapter 527 regulations, dealing with development Traffic Impact nalysis (TI) requirements, have recently been enacted. t this time, it is uncertain what impact VDOT s regulations will have on the development process or upon zonings approved by the county. The applicant has indicated that a hapter 527 TI is not required for this rezoning request. VDOT s ccess anagement Regulations were enacted on July 1, 2008 but only apply to roads that are classified by VDOT as Principal rterials. The regulations are scheduled to apply to roads such as Otterdale Road, which is classified as an Urban 7 07SN0358-JUL15-P-RPT

10 ollector, on October 1, Because these regulations have not been finalized, it is unclear what impact they will have on development of the property. To summarize, the Transportation Department cannot support this request because the applicants have not committed to provide sufficient improvements to area roads. Financial Impact on apital Facilities: PER UNIT Potential Number of New Dwelling Units 6* 1.00 Population Increase Number of New Students Elementary iddle High TOTL Net ost for Schools $48,888 $8,148 Net ost for Parks 6,780 1,130 Net ost for Libraries 1, Net ost for Fire Stations 3, verage Net ost for Roads $83,226 13,871 TOTL NET OST $143,754 $23,959 * Based on a proffered maximum of six (6) dwelling units (Proffered ondition 2). The actual number of dwelling units and corresponding impact may vary s noted, this proposed development would have an impact on capital facilities. t the time that this rezoning application was submitted, the calculated fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations was $15,648 per unit. Effective July 1, 2008 the maximum per-dwelling-unit cash proffer was increased to $18,080. The applicant has been advised that a maximum cash proffer of $18,080 per unit would defray the cost of the capital facilities necessitated by this proposed development. onsistent with the Board of Supervisors policy, and proffers accepted from other applicants, the applicant has offered $18,080, $7,613 in cash and $10,467 in transportation contributions, per dwelling unit to assist in defraying the cost of this proposed zoning on such capital facilities (Proffered onditions 1 and 9). While the cash proffered to mitigate the development s impact on school, library, fire and park facilities is adequate, the Transportation Department has 8 07SN0358-JUL15-P-RPT

11 requested improvements in lieu of cash to mitigate the development s impact on roads. The applicant has not proffered conditions that adequately address this impact, as referenced in the Transportation Department s section of this Request nalysis. 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. Staff recommends the applicant adequately address the Transportation Department s concerns as they pertain to mitigating the development s impact on roads. The Planning ommission and Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this request that may justify acceptance of proffers as offered for this case. omprehensive Plan: LND USE On June 25, 2008, the Board of Supervisors adopted amendments to the Upper Swift reek Plan. These amendments addressed levels of service standards for schools, fire and emergency services; road infrastructure needs; water quality; and a growth management boundary. This application was filed prior to the Board s adoption of the amended Plan. s such, staff s evaluation of this request is based upon the previous Upper Swift reek Plan in effect prior to these amendments. This previous Plan suggests the property is appropriate for residential use of 2.0 units per acre or less. rea Development Trends: djacent properties are characterized by single-family residential uses in Weatherbury subdivision and on acreage parcels, a bed and breakfast and catering business operated from a home and by vacant properties. Single-family residential uses are expected to continue in this area, as suggested by the Plan. It should be noted, as reflected on the attached map, there are several other pending zoning cases surrounding the intersection of Genito and Otterdale Roads. Zoning History: On arch 27, 1985, the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved rezoning to Residential (R-40) with onditional Use to permit stock farm use on this property as well as the surrounding R-40 property. The intent was to develop an equestrian subdivision allowing the keeping of horses on lots having a minimum of three (3) acres. (ase 85SN0024) On January 25, 1989, the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved an amendment to ase 85SN0024 relative to the 9 07SN0358-JUL15-P-RPT

12 maximum allowable density (ase 88SN0258). Specifically, this amendment increased the permitted number of lots in the Weatherbury Subdivision from twenty-five (25) to fifty (50), yielding a permitted density of approximately 0.6 dwelling units per acre. Density and Lot Sizes: Proffered ondition 2 would limit development to a maximum of six (6) lots, yielding a density of approximately 0.7 lots per acre. Residential (R-15) Zoning District standards would permit lots to have a minimum area of 15,000 square feet and a minimum lot width of 100 feet. In addition, the portion of the property adjacent to Weatherbury Place is to be developed to Residential (R-25) standards, with a minimum lot size of 25,000 square feet and a minimum lot width of 120 feet. (Proffered ondition 6) This condition will also require compliance with R-25 setbacks. It is unclear as to the property for which this requirement applies. With the potential resubdivision of this and surrounding property, it is not known whether Weatherbury Place will exist in its present configuration. Dwelling Sizes and Foundation Treatments: Proffered onditions 4, 5 and 6 establish minimum house sizes and foundation treatments for dwelling units developed on the property. ONLUSIONS While the proposed zoning and land uses conform to the Upper Swift reek Plan which suggests the property is appropriate for residential use of 2.0 units per acre or less and the proffered conditions address the impact of the development on schools, parks, libraries and fires stations in accordance with the Board of Supervisors Policy, the proposal fails to address the impact on area roads, as discussed herein, so as to mitigate the impact on the transportation network. The proposal further fails to address the Environmental Engineering s water quality concerns relative to the existing pond remaining to help protect the water quality of Swift reek Reservoir. Given these considerations, denial of this request is recommended. SE HISTORY Planning ommission eeting (7/15/08): On their own motion, the ommission deferred this case to their September 16, 2008 public hearing SN0358-JUL15-P-RPT

13 Staff (7/16/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 21, 2008 for consideration at the ommission s September 16, 2008 public hearing. pplicant (9/3/08): Revised proffers were submitted SN0358-JUL15-P-RPT

14 Z Z R-12 Z Z Z Z Z Legend ZONING O-2 R-15 R-12 gricultural ommercial Z Industrial Office ase 07SN0361 Z R-9 ase 07SN0360 Residential Z RP Streams Z Z TE RBU ase 07SN0359 Z R-9 S R-40 Z ED R D TE RS HUNTERS RIDGE R ID GE LN U V PL ER R-15 OTTERBURN BEKENH T T IR E PL DS DS EE L Y P TW NW U IR EE TW RD IR T U JE N E Z DS DE LE U ST R J Y SU DR EE E PL U RY E RB V R-40 DE E T OV E NE K DR PL ER Y J L K 1,200 Feet BLKE WY DR R-12 SUER LKE Z Z GE NITO R-15 Z Z HERON POINTE T H R-7 WE RD DR GE ER NT HU BRI OVE BU R N BL O B H SR ID V HUNTERS RIDGE Y EW SU 0 K E 600 ase 07SN0360 OTTE R OTHER RE PENDING SES 1,200 R-9 SH BL Z EB / Z K L P NOTES: ST RLEE DR LOO P Z Z JE NNW Y 07SN0358 REQUEST Rez: R-40 TO R-15 V erial photos taken in 2007 Z Z P DR WH ITE TE R R-15 ER N NT HU Z SR IDG NIT OR HU Z R-9 OT Z Z GE Z RD RY P WETHERBURY WE TH E Z Z L L ER D R-40 SHOR EWOO D P L RD

15 ¹ PLNNEDUL-DE-SPER UPPER SWIFT REEK PLN POWHITE PKWY EXTENDED PLNNED UL-DE-S PER UPPER SWIFT REEK PLN PLNNED BRIDGE SIONSBTH D RIVE PLNNED INTERHNGE 07SN SN0359 GENITO RD OTTERDLE RD 07SN SN ,000'+/- TO OLD HUNDRED ROD 4,500'+/- TO SIONSBTH DRIVE WOOLRIDGE RD WTERI LL P KWY 1900'+/- TO WETHERBURY ases 07SN SN SN SN SN0361 RE ROD NETWORK - 07SN0358, 07SN359, 07SN0360, 07SN /02/2008