CASE NUMBER: 12SN0154 (Amended) APPLICANT: Charles Edward Townes, Managing Partner, Dominion Investment Partners, LLC

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1 CASE NUMBER: 12SN0154 (Amended) APPLICANT: Charles Edward Townes, Managing Partner, Dominion Investment Partners, LLC STAFF S ANALYSIS AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: SEPTEMBER 16, 2015 BOS Time Remaining: 365 DAYS Applicant s Agent: CARRIE COYNER ( ) Applicant s Contact: CHARLES TOWNES ( ) Planning Department Case Manager: DARLA ORR ( ) APPLICANT S REQUEST CHESTERFIELD COUNTY, VIRGINIA Magisterial District: DALE GENITO ROAD (AMENDED) Amendment of zoning (Case 06SN0121) to reduce cash proffers in a Residential Townhouse (R-TH) District. Specifically, the applicant requests to amend Proffered Condition 4 of Case 06SN0121 to reduce the cash proffer and to delay the escalator. A townhome development with a maximum of 216 units is planned. With this request the applicant has added the option for occupancy of units to be age restricted. (Proffered Condition 2) Notes: A. The only condition that may be imposed is a buffer condition. The property owner may proffer other conditions. B. Proffered conditions, approved conditions of Case 06SN0121 and supplemental information are located in Attachments 1-3. PLANNING COMMISSION (8/18/2015) STAFF RECOMMENDATION RECOMMEND APPROVAL Appropriate to eliminate school portion of cash proffer for age restricted units RECOMMEND DENIAL Fails to address development impacts for age restricted units Providing a FIRST CHOICE community through excellence in public service

2 Department SUMMARY OF IDENTIFIED ISSUES Issue PLANNING BUDGET AND MANAGEMENT Fails to address development impacts for age restricted units FIRE PARKS AND RECREATION LIBRARIES SCHOOLS Fails to address development impacts for age restricted units CDOT VDOT UTILITIES ENVIRONMENTAL ENGINEERING 2 12SN SEPT16-BOS-RPT

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4 Map 2: Comprehensive Plan Classification: HIGH DENSITY RESIDENTIAL This designation suggests the property is appropriate for residential use of 8 to 12 dwellings per acre. Map 3: Surrounding Land Uses & Development Price Club Blvd Multi-family residential and commercial use Single family on acreage parcels Single family residential Hunters Landing & Great Oaks Genito Rd 4 12SN SEPT16-BOS-RPT

5 ZONING HISTORY PLANNING Staff Contact: Darla Orr ( ) Case Number BOS Action Request 06SN0121 APPROVED 6/28/2006 Rezone A to R-TH; Townhome development with maximum of 216 units Approved conditions: -Address minimum dwelling size, building elevations and materials, sidewalks, buffers, focal point and road improvements - Require minimum house size (gross floor area) 2,200 and 2,500 square feet - Cash proffer of $15,600 per dwelling unit Attachment 2 AGE RESTRICTED OPTION A townhome development with a maximum of 216 units is planned. With this request the applicant is proffering an option to restrict occupancy for all or a portion of the units as housing for older persons where no one under the age of 19 would reside therein. The developer will be required to identify which units, if any, are subject to this occupancy limitation on all record plats. (Proffered Condition 2) 5 12SN SEPT16-BOS-RPT

6 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 (06SN0121) was approved in June 2006 with a density of 216 units and with the maximum cash proffer at the time of $15,600 per dwelling unit (currently escalated by the Marshall and Swift Building Cost Index to $22,734). The applicant has requested amend the previously approved case relative to cash proffers, as well as incorporating an age restricted option. To address the impact of this development on capital facilities, the applicant has requested to reduce the previously approved cash proffer of $15,600 (currently escalated to $22,734) to the current maximum of $18,966 per each dwelling for non-age restricted units. Additionally, the applicant has requested to include an option for age restricted units, which includes a cash proffer amount of $11,152. The amount of $11,152 would be allocated among the categories of parks and recreation, fire, libraries and roads, while omitting the schools component. While appropriate to maintain the cash proffer approved with case 06SN0121, the Board of Supervisors has set the current cash proffer at $18,966, an amount lower than what was approved with the original case. Staff supports the request to reduce the cash proffer to $18,966 for non-age restricted housing units. However, the applicant s cash proffer of $11,152 for age restricted housing units falls short of addressing its impact on capital facilities. If accepted, the amended cash proffers for either housing type would remain fixed for a period of four years after which it would be escalated by the cumulative change in the Marshall and Swift Building Cost Index. The Planning Commission 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. 6 12SN SEPT16-BOS-RPT

7 Per Dwelling Unit Impact on Capital Facilities 216 Potential Units Facility Categories FY16 Calculated Impact Cash Proffer on Existing Zoning Current BOS Maximum Applicant Proposal* Variance from Maximum Schools $9,648 $7,771 $7,814 $0 ($7,814) Parks $1,347 $877 $1,091 $1,091 $0 Libraries $318 $507 $258 $258 $0 Fire Stations $861 $589 $697 $697 $0 Roads $11,244 $12,990 $9,106 $9,106 $0 Total $23,418 $22,734 $18,966 $11,152 ($7,814) Overall Impact on Capital Facilities Schools $2,083,968 $1,678,536 $1,687,824 $0 ($1,687,824) Parks $290,952 $189,432 $235,656 $235,656 $0 Libraries $68,688 $109,512 $55,728 $55,728 $0 Fire Stations $185,976 $127,224 $150,552 $150,552 $0 Roads $2,428,704 $2,805,840 $1,966,896 $1,966,896 $0 Total $5,058,288 $4,910,544 $4,096,656 $2,408,832 ($1,687,824) 7 12SN SEPT16-BOS-RPT

8 PUBLIC FACILITIES FIRE SERVICE Staff Contact: Greg Smith ( ) 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 Applicant s Proposal to Address Impacts 1 Information relative to nearby fire and emergency service facilities can be found in Attachment Offered in Accordance with Policy for Fire Proffered Condition SN SEPT16-BOS-RPT

9 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 for Parks Proffered Condition 1 Information relative to nearby parks and recreation facilities can be found in Attachment SN SEPT16-BOS-RPT

10 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 2011 County Level of Service 0.45 square feet of library space per person Standard Level of Service 0.82 square feet of library space per person Applicant s Proposal to Address Impacts 1 Offered in Accordance with Policy for Libraries Proffered Condition 1 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 SEPT16-BOS-RPT

11 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 46 Middle 24 High 33 Total 103 Not Fully Offered in Accordance with Policy for age restricted units Proffered Condition 1 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 SEPT16-BOS-RPT

12 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 regarding transportation Proffered Condition 1 NOTE: In conjunction with development of the property, a sidewalk will need to be constructed along Genito Road for the property frontage, in accordance with the Planning Commission Residential Sidewalk Policy (Section of the Subdivision Ordinance). No comment. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker ( ) brian.lokker@vdot.virginia.gov 12 12SN SEPT16-BOS-RPT

13 WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland ( ) The request will not impact the public water and wastewater systems. The development s impacts on the County s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code? Serviced? Water No 8 Yes Wastewater No 8 Yes ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard ( ) pritchardd@chesterfield.gov Environmental Engineering has no comment on this request SN SEPT16-BOS-RPT

14 CASE HISTORY Applicant Submittals 9/22/2011 Application submitted Rezone to R-MF and C-2 with CUPD 2/6/2013 Application & proffered conditions amended Rezone to R-MF with CUPD; request for C-2 zoning withdrawn 2/7/2014 Application & proffered conditions amended Rezone to R-MF; CUPD withdrawn 7/8, 7/30, 8/7 Revised proffered conditions and exhibits were submitted & 8/11/14 6/12/2015 Application & proffered conditions amended Amendment to Previous Zoning re: reduction in cash proffers; rezoning request withdrawn 8/3/2015 Revised proffered conditions were submitted Community Meetings 2/10/2014 Issues Discussed Architecture and quality of units Traffic and maintenance of existing rights of way Crime and Litter 8/13/2014 No citizens were present to discuss amended application to reduce cash proffers Planning Commission Meetings 6/18/2013 Action DEFERRED TO SEPTEMBER 17, 2013 WITH APPLICANT S CONSENT 9/17/2013 Action DEFERRED TO NOVEMBER 19, 2013 WITH APPLICANT S CONSENT 11/19/2013 Action DEFERRED TO MARCH 18, 2014 WITH APPLICANT S CONSENT 3/18/2014 Action DEFERRED TO MAY 22, 2014 WITH APPLICANT S CONSENT 5/22/2014 Action DEFERRED TO AUGUST 19, 2014 AT APPLICANT S REQUEST 8/19/2014 Action DEFERRED TO NOVEMBER 18, 2014 AT APPLICANT S REQUEST 11/18/2014 Action DEFERRED TO FEBRUARY 17, 2015 AT APPLICANT S REQUEST 2/17/2015 Action DEFERRED TO AUGUST 18, 2015 AT APPLICANT S REQUEST 8/18/2015 Citizen Discussion No one spoke to support or oppose the case Commission Discussion Dr. Brown stated support for reduced cash proffer for age restricted units. He noted that the Board of Supervisors has consistently approved age restricted developments without the school component of the cash proffer being offered. He added that additional residential use would benefit area. Recommendation: APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Brown Second: Waller AYES: Gulley, Waller, Brown And Wallin ABSENT: Patton The Board of Supervisors on Wednesday, September 16, 2015, beginning at 6:30 p.m., will consider this request SN SEPT16-BOS-RPT

15 PROFFERED CONDITIONS ATTACHMENT 1 Note: (CPC) Recommended by the Planning Commission The Applicant in this case, pursuant to Section of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property known as Chesterfield County Tax Identification Numbers ; and 8276; and ( the Property ) under consideration will be developed according to the following amended proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the owner and Applicant, the proffer shall immediately be null and void and of no further force or effect. With the approval of this request, Proffered Condition 4 of Case 06SN0121 shall be amended as follows. All other conditions of Case 06SN0121 shall remain in force and effect. (CPC) 1. Cash Proffers. For each dwelling unit, 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 service district for the property unless state law prevents enforcement of that timing: a) $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. b) $11, per dwelling unit, for age restricted dwelling units, 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 $11, will be allocated pro-rata among the categories for parks and recreation, fire, libraries and roads. c) 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. d) Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. e) Should Chesterfield County impose impact fees 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 in addition to, any impact fees, in a manner as determined by the County. If Chesterfield should adopt a workforce or affordable housing program which eliminates or 15 12SN SEPT16-BOS-RPT

16 permits a reduced cash proffer, the cash proffer for any dwelling unit on the Property that is designated as workforce or affordable housing, that meets all the requirements of the adopted workforce or affordable housing program, and for which a cash proffer has not yet been paid shall be adjusted to be consistent with the approved workforce or affordable housing program. (B& M) The applicant offers the following additional proffered condition: (CPC) 2. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal requirements, dwelling units shall be permitted to be restricted to housing for older persons as defined in the Virginia Fair Housing Law and no persons under 19 years of age shall reside therein. Any units subject this occupancy restriction shall be identified on all record plats. (P) 16 12SN SEPT16-BOS-RPT

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22 SUPPLEMENTAL PUBLIC FACILITIES STATISTICS ATTACHMENT 3 Current and Projected Figures 2 Trailers Capacity Categories Schools Currently Serving Area Membership Crenshaw Elementary School Functional Capacity % Capacity Bailey Bridge Middle School Membership Functional Capacity % Capacity Membership Clover Hill 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. Fire Station EMS Facility Library Parks & Recreation Nearby Public Facilities Manchester Volunteer Rescue Squad Fire Station, Company Number 24 Manchester Volunteer Rescue Squad LaPrade, Clover Hill and new North Courthouse Road libraries Rockwood Park 22 12SN SEPT16-BOS-RPT