STAFF S REQUEST ANALYSIS AND RECOMMENDATION 07SN0341. Acquisitions Plus LLC

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1 September 18, 2007 CPC November 20, 2007 CPC December 18, 2007 CPC January 15, 2008 CPC February 19, 2008 CPC arch 18, 2008 CPC April 23, 2008 BS June 25, 2008 BS September 24, 2008 BS January 28, 2009 BS October 28, 2009 BS April 28, 2010 BS STAFF S REQUEST ANALYSIS AND RECOENDATION 07SN0341 Acquisitions Plus LLC Bermuda agisterial District Bellwood Elementary; Falling Creek iddle; and eadowbrook High Schools Attendance Zones North and South lines of Gayland Avenue REQUEST: Rezoning from Light Industrial (I-1) and Residential (R-7) to Residential Townhouse (R-TH). PROPOSED LAND USE: Residential townhouse uses are planned. The applicant has agreed to limit the number of lots to 131, yielding a density of approximately 7.8 dwelling units per acre. (Proffered Condition 3) PLANNING COISSION RECOENDATION RECOEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. STAFF RECOENDATION (NOTES: A. SINCE THE COISSION S CONSIDERATION OF THIS CASE, STAFF S RECOENDATION HAS CHANGED BASED UPON THE Providing a FIRST CHOICE community through excellence in public service

2 CASE NOW BEING SUBJECT TO INCREASED IPACTS ON CAPITAL FACILITIES, AS DISCUSSED HEREIN. B. IN ORDER FOR THE BOARD TO CONSIDER THIS REQUEST AT THEIR APRIL 28, 2010 PUBLIC HEARING, A $1, DEFERRAL FEE UST BE PAID.) Recommend approval subject to the applicant fully addressing the impact of the proposed development on capital facilities. This recommendation is made for the following reasons: A. The proposed zoning and land uses conform to the Jefferson Davis Corridor Plan which suggests the property is appropriate for residential use of units per acre, with higher residential densities permitted under certain circumstances. B. The proffered conditions do not mitigate the impact on capital facilities,thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: CONDITIONS AY BE IPOSED OR THE PROPERTY OWNER(S) AY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COISSION. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOENDED BY THE PLANNING COISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. Public water and wastewater shall be used. (U) (CPC) 2. The applicant, subdivider, or assignee(s) shall pay the following, for infrastructure improvements within the service district for the property, to the county of Chesterfield prior to the issuance of building permit: A. $15, per dwelling unit, if paid prior to July 1, 2007; or B. If payment is made after June 30, 2007, the amount approved by the Board of Supervisors not to exceed $15, per dwelling unit adjusted upward by any increase in the arshall and Swift building cost index between July 1, 2006, and July 1 of the fiscal year in which the payment is made. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. 2

3 D. 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&) (STAFF/CPC) 3. The maximum density of this development shall not exceed one hundred thirty-one (131) lots. (P) (STAFF/CPC) 4. 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) (STAFF/CPC) 5. No drainage from impervious areas shall drain to the northern property line. (EE) (STAFF/CPC) 6. All exposed portions of the foundation of each new dwelling unit shall be faced with brick or stone veneer. Exposed piers supporting front porches shall be faced with brick or stone veneer. (BI & P) (STAFF/CPC) 7. Prior to any traffic generated by this development accessing through the adjacent property to the south (Bellwood Apartments), Noel Street (from Jefferson Davis Highway to aris Road) and aris Road shall be improved to VDOT standards and taken into the State System. (T) (STAFF/CPC) 8. A six (6) foot solid fence shall be installed within the required buffer along the northern property line. The exact design and treatment shall be approved at time of site plan or subdivision review. (P) (STAFF/CPC) 9. All roads that accommodate general traffic circulation through the development (the Public Roads ), as determined by the Transportation Department, shall be designed and constructed to VDOT standards and taken into the State System. (T) Location: GENERAL INFORATION North and south lines of Gayland Avenue, east of Jefferson Davis Highway. Tax IDs , 2312, 2756, 3614, 3859, 4762, 5018, 5765, 6322, 6667, 7626, 7770, 8673 and 9532; and

4 Existing Zoning: Size: I acres Existing Land Use: Single family residential or vacant Adjacent Zoning and Land Use: North - R-7; Single family residential South and East- I-1; Two-family residential or vacant West- R-7; Single family residential Public Water System: UTILITIES There is an existing sixteen (16) inch water line extending along the east side of Jefferson Davis Highway approximately 500 feet west of the request site. In addition, a twelve (12) inch water line extends within an easement along the eastern boundary of this site. Use of the public water system is intended. (Proffered Condition 1) Per Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply points shall be provided for subdivisions containing more than twenty-five (25) lots. To provide two (2) supply points for the 120 units proposed with this development, connection will be required to the sixteen (16) inch water line along Jefferson Davis Highway and the twelve (12) inch water line adjacent to the eastern boundary of the site. Public Wastewater System: The public wastewater system is available to serve this site. There is an existing ten (10) inch wastewater collector line extending along Gayland Avenue adjacent to this site. This line is made of terracotta (clay) and precautions should be taken when working around this line. This ten (10) inch line connects to an existing eighteen (18) inch wastewater trunk line that extends within an easement along the eastern boundary of the request site. There also extends along Gayland Avenue a twelve (12) inch wastewater line carrying effluent from DSCR (Defense Supply Center Richmond) and Rayon Park Subdivision to an existing metering station located on the northeast boundary of the request site prior to discharging into the existing eighteen (18) inch trunk line. Use of the public wastewater system is intended. (Proffered Condition 1) 4

5 A hydraulic analysis must be made to determine the available capacity in the existing wastewater lines. Staff anticipates that this site will be served from the existing twelve (12) inch wastewater line providing adequate capacity and depth of the line is available. Drainage and Erosion: ENVIRONENTAL The subject property drains to the east under the CSX Railroad and Interstate 95 directly into the James River. The majority of the property is wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering. This will ensure that adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 4) There are currently no on- or off-site erosion problems, however a portion of the property has been used by all-terrain vehicles. There are no on-site drainage problems; however, Patterson Park, adjacent and north of the proposed zoning, has experienced drainage problems over the years. The drainage problems that the houses on the eastern end of Troycott Place have experienced over the years have been neutralized by some minor improvements. It is anticipated that if this development has any drainage from impervious areas draining to the north, it will cause the drainage problems to reoccur in Patterson Park. Staff recommends that drainage from any impervious areas not drain to the north. (Proffered Condition 5) Water Quality: No Name Creek drains through a portion of the site and is a perennial stream. As such, a 100 foot conservation area will be required on both sides of any associated wetlands inside of which uses are very limited. Any portions of the property that are within the Resource Protection Area (RPA) and are not naturally vegetated are required by ordinance to be re-established with woody vegetation. PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development will have an impact on these facilities. 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 six new stations, the Plan also recommends the expansion of five (5) existing stations. Based on 131 dwelling units, this request will generate approximately sixty-six (66) calls for fire and emergency medical service each year. The applicant has 5

6 Schools: Libraries: not offered measures to fully address the impact on fire and ES. (Proffered Condition 2) The Bensley Fire Station, Company Number 3, 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. Approximately sixty-six (66) (Elementary: 30, iddle: 15, and High: 21) students will be generated by this development. Currently, this site lies in the Bellwood Elementary School attendance zone: capacity 377, enrollment 451; Falling Creek iddle School zone: capacity 1,054, enrollment 1,087; and eadowbrook High School zone: capacity - 1,550, enrollment - 1,798. The enrollment is based on September 30, 2009 and the capacity is as of This request will have an impact at the elementary, middle and high school level. There are currently nine (9) trailers at Bellwood Elementary; seventeen (17) at Falling Creek iddle and four (4) at eadowbrook High Schools. This case combined with other residential developments and zoning cases in the area, will continue to push these schools over capacity, necessitating some form of relief in the future. The applicant has not fully offered measures to address the impact of this development on schools facilities. (Proffered Condition 2) Consistent with the Board of Supervisors policy, the impact of development on library services is assessed County-wide. Based on projected population growth, the Public Facilities Plan identifies a need for additional library space throughout the County. This development would most likely affect the Chester Library or the eadowdale Library. The Plan identifies a need for additional library space in the Chester area. The applicant has not offered measures to fully address the impact of this development on library services. (Proffered Condition 2) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7) community parks, twenty-nine (29) neighborhood parks and five (5) community centers by In addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special purpose parks to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan identifies shortfalls in trails and recreational historic sites. 6

7 The applicant has not offered measures to assist in fully addressing the impact of this proposed development on these parks and recreational facilities. (Proffered Condition 2) Transportation: The property (16.9 acres) is currently zoned Light Industrial (I-1, 15.9 acres) and Residential (R-7, 1 acre). The applicant is requesting rezoning to Residential Townhouse (R-TH). The applicant has proffered that the maximum density will not exceed 131 lots (Proffered Condition 3). Based on townhouse trip rates, development could generate approximately 800 average daily trips (ADT). These vehicles will be distributed, via Gayland Avenue, to Jefferson Davis Highway (Route 1) which had a 2009 a VDOT traffic count of 24,153 vehicles per day. The capacity of Route 1 is acceptable (Level-of- Service B) for the volume of traffic it currently carries. No roadways adjacent to, or within, the development are on the Thoroughfare Plan. The Transportation Department cannot support this request because the applicant has not addressed the traffic impact of the development per the Board of Supervisors Cash Proffer Policy. The Zoning Ordinance allows streets within townhouse developments to be privately maintained. Staff recommends that all of the main streets within this project be accepted into the State Highway System. Having these streets accepted into the State Highway System will ensure their long-term maintenance. The applicant has proffered that all streets which accommodate general traffic circulation will be designed and constructed to State (i.e., the Virginia Department of Transportation) standards and taken into the State system. (Proffered Condition 9) Gayland Avenue is a State maintained roadway for approximately 500 feet east of the Route 1 intersection. Gayland Avenue right-of-way continues through the area to be rezoned. If the property is approved for townhomes without state-maintained roadways, prior to site plan approval, the applicant will need to submit a right-of-way vacation package to the county for Staff review and Board of Supervisors approval. To address Fire Department requirements for a secondary access and address general traffic circulation, the applicant has proffered to improve streets through the existing Bellwood Apartments to the south. Previously, fifty (50) foot rights-of-way had been dedicated to the county through the Bellwood Terrace apartments; however, the streets are privately maintained by the Bellwood Terrace apartment property owner(s). Prior to any traffic generated by this development accessing through the south, Noel Street (from Jefferson Davis Highway to aris Road) and aris Road will be improved to VDOT standards and taken into the State System. (Proffered Condition 7) Area roads need to be improved to address safety and accommodate the increase in traffic generated by this proposed residential development. The applicant has proffered to contribute some money towards mitigating the traffic impact of the proposed residential development (Proffered Condition 2); however, it is not consistent with the Board of Supervisors Policy. As development continues in this part of the county, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the cost of the 7

8 improvements needed to accommodate the traffic increases. No public road improvements in this part of the county are currently included in the Six-Year Improvement Plan. VDOT s Chapter 527 regulations, dealing with development Traffic Impact Study requirements, have recently been enacted. Staff has been meeting with VDOT to attempt to understand the process and the impact of the regulations. At this time, it is uncertain what impact VDOT s regulations will have on the development process or upon zonings approved by the county. VDOT s Subdivision Street Acceptance Requirements (SSAR) were enacted on arch 9, 2009 and will apply to new subdivision streets. The applicant has proffered that all streets which accommodate general traffic circulation will be designed and constructed to VDOT standards and taken into the State system. At this time it is unclear what impact these regulations will have on development of the property. As stated earlier, without the applicant addressing the traffic impact of the residential development per the Board of Supervisors Cash Proffer Policy, the Transportation Department cannot support this request. Financial Impact on Capital Facilities: PER DWELLING UNIT Potential Number of New Dwelling Units 131* 1.00 Population Increase Number of New Students Elementary iddle High TOTAL Net Cost for Schools $1,197,733 $9,143 Net Cost for Parks 160,737 1,227 Net Cost for Libraries 38, Net Cost for Fire Stations 80, Average Net Cost for Roads 1,864,392 14,232 TOTAL NET COST $3,341,941 $25,511 * Based on a proffered maximum of 131 lots (Proffered Condition 3). The actual number of lots and corresponding impact may vary. 8

9 As noted, this proposed development would have an impact on capital facilities. At 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, 2009 the maximum per dwelling unit cash proffer was increased to $18,966. Per policy, this development s proposal becomes subject to the maximum cash proffer in place at the time the case is heard before the Board if it is not approved within two (2) years of its application date. This revision to the cash proffer policy has been applied to the development s proposal, as the application is still pending. The applicant has been advised that a maximum cash proffer of $18,966 per unit at this time would defray the cost of the capital facilities necessitated by this proposed development. The applicant has offered $15,600 per dwelling unit to address the impact of the development on capital facilities. The proffered conditions do not adequately address the proposed development s impact on capital facilities. Consequently, the county s ability to provide adequate facilities to its citizens will be adversely impacted. (Proffered Condition 2) 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. The 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. Comprehensive Plan: LAND USE Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the property is appropriate for residential use of units per acre. The Plan also suggests that as part of a Flexible Redevelopment Area, this property may be appropriate for high density residential uses provided it is of a sufficient size to accommodate this more intense development and has adequate access to major arterial or collector roads. Area Development Trends: Site Design: Properties to the north and west are zoned Residential (R-7) and are occupied by single family dwellings within Patterson Park Subdivision or on acreage property, or are currently vacant. Properties to the south and east are zoned Light Industrial (I-1) and are occupied by Bellwood Terrace Apartments or remain vacant. Development must conform to the requirements of the Ordinance for Residential Townhouse (R-TH) Districts. 9

10 Density: A maximum of 131 lots have been proffered, yielding an overall density of 1.2 dwelling units per acre. (Proffered Condition 3) Building aterials: Proffered Condition 6 addresses foundation treatment for dwellings. Buffers and Fencing: The Zoning Ordinance requires the provision of fifty (50) foot buffers along the northern and western property boundaries adjacent to residentially-zoned properties. The Ordinance does not allow these required buffers to be modified through plans review. The applicant has proffered to incorporate fencing within the northern buffer. (Proffered Condition 8) CONCLUSIONS The proposed zoning and land uses conform to the Jefferson Davis Corridor Plan which suggests the property is appropriate for residential use of units per acre, with higher residential densities permitted under certain circumstances. The proffered conditions do not adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. The proffered conditions do not mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these considerations, approval subject to the applicant fully addressing the impact of this request on capital facilities is recommended. CASE HISTORY Planning Commission eeting (9/18/07): At the request of the applicant, the Commission deferred this case to their November 20, 2007, meeting. 10

11 Staff (9/19/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than September 24, 2007 for consideration at the Commission s November 20, 2007 hearing. In addition, the applicant was advised that a $ deferral fee must be paid prior to the Commission s public hearing. Applicant (10/3/07): The deferral fee was paid. Staff (10/26/07): To date, no new information has been submitted. Applicant (11/5/07): A new proffered condition was submitted. Planning Commission eeting (11/20/07): On their own motion, the Commission deferred this case to their December 18, 2007, meeting. Staff (11/21/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than November 26, 2007 for consideration at the Commission s December 18, 2007 meeting. Staff (11/27/07): To date, no new information has been submitted. Planning Commission eeting (12/18/07): On their own motion, the Commission deferred this case to their January 15, 2008 public hearing. 11

12 Staff (12/19/07): The applicant was advised in writing that any new or revised information should be submitted no later than December 26, 2007 for consideration at the Commission s January public hearing. Staff (12/27/07): To date, no new information has been received. Planning Commission eeting (1/15/08): At the request of the applicant, the Commission deferred this case to their February 19, 2008 meeting. Staff (1/16/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 21, 2008 for consideration at the Commission s February 19, 2008 hearing. In addition, the applicant was advised that a $ deferral fee must be paid prior to the Commission s public hearing. Staff (1/22/08): To date, no new information has been submitted nor has the deferral fee been paid. Applicant (2/18/08): The deferral fee was paid. Planning Commission eeting (2/19/08): On their own motion, the Commission deferred this case to their arch 18, 2008 public hearing. 12

13 Staff (2/21/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 25, 2008 for consideration at the Commission s arch public hearing. Staff (2/26/08): To date, no new information has been submitted. Planning Commission eeting (3/18/08): The applicant accepted the recommendation. There was no opposition present. On motion of r. Hassen, seconded by r. Bass, the Commission recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES: essrs. Gulley, Bass, Brown, Hassen and Waller. Board of Supervisors eeting (4/23/08): On their own motion, the Board deferred this case to their June 25, 2008 public hearing. Staff (4/24/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than April 28, 2008 for consideration at the Board s June 25, 2008 hearing. Staff (5/23/08): To date, no new information has been submitted. Board of Supervisors eeting (6/25/08): At the request of the applicant, the Board deferred this case to their September 24, 2008 meeting. 13

14 Staff (6/27/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 9, 2008 for consideration at the Board s September 24, 2008 meeting. The applicant was also advised that a $ deferral fee must be paid. Staff (8/21/08): To date, no new information has been submitted nor has the deferral fee been paid. Board of Supervisors eeting (9/24/08): On their own motion, the Board deferred this case to their January 28, 2009 public hearing. Staff (9/26/08): The applicant was advised in writing that any significant new or revised information should be submitted no later that November 10, 2008 for consideration at the Board s January public hearing. Staff (12/19/08): To date, no new information has been submitted. Board of Supervisors eeting (1/28/09): At the request of the applicant, the Board deferred this case to their October 28, 2009 public hearing. Staff (1/29/09): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 6, 2009 for consideration at the Board s October public hearing. The applicant was also advised that a $1, deferral fee just be paid prior to the Board s public hearing. 14

15 Staff (9/28/09): To date, no new information has been submitted, nor has the deferral fee been paid. Applicant (10/5/09): Proffered conditions were amended. Applicant (10/28/09): The deferral fee was paid. Board of Supervisors eeting (10/28/09): At the request of the applicant, the Board deferred this case to their April 28, 2010 public hearing. Staff (10/29/09): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 4, 2010 for consideration at the Board s April, 2010 public hearing. The applicant was also advised that a $1, deferral fee must be paid prior to the Board s public hearing. Staff (3/17/10): To date, no new information has been submitted nor has the deferral fee been paid. The Board of Supervisors, on Wednesday, April 28, 2010 beginning at 6:30 p.m., will take under consideration this request. 15

16 C-5 V RD C-3 C R-7 E GWYNN AV D FF R R-7 C-5 C-3 ZC C-3 C-3 R-7 S EL LIHA AV C-3 RD OTT AL C S HW DAVI RSON ST TAW V R PA K C C-5 ZC C S S V I-1 D LAN GAY R-7 NOE L ST I-1 YR VE ON A R-7 D C-3 BELLWOOD ADDITION C-5 DW E T AV IGH PL LL R V TT YCO TRO E SH CT / 07SN0341 Rez: I-1 & R-7 TO R-TH C C I-3 BELLWOOD TERR. APTS NOE L A ST E AV A I-3 RD C-3 ST OCK ST ST GE PA FOND A AVE I-3 ARIS V DR HANN URY TEL B L TT P Y ST TAW T ER S A JU BR C-5 ZC CART D AVE A TA P P R-7 OO LIBW PL RAYON PARK Y CO TRO C-5 RD E V OA D V D C-3 ZC ZC N I -9 5 R-F TT R E JEFF C I-2 Y CO TRO ZC ZC NE TO BO I-3 CSX RAIL R R-12 VE IFF A RY CL A PATTERSON PARK S C AV KE Y E C-5 C AL COTT V I-2 C-5 G AN AY L D AV E CSX RAIL ROAD TIO N L ANTA B LU RY S DREW D LR 600 Feet H T GE TIN LN GS Aerial photos taken in 2007

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