STAFF S REQUEST ANALYSIS AND RECOMMENDATION 13SN0520. Fountain Square Condominiums LLC

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1 ASE MANAGER: Ryan Ramsey June 18, 2013 P July 17, 2013 BS August 28, 2013 BS BS Time Remaining: 365 days STAFF S REQUEST ANALYSIS AND REOMMENDATION 13SN0520 Fountain Square ondominiums LL Bermuda Magisterial District Ecoff Elementary, arver Middle and Thomas Dale High Schools Attendance Zones Southwest corner of Fountain Square Plaza and hester illage Drive REQUEST: Amendment of zoning (ase 95SN0309) relative to the modification of cash proffers in a ommunity Business (-3) District. PROPOSED LAND USE: A mixed-use building, with ground floor retail and over-shop housing, is planned. PLANNING OMMISSION REOMMENDATION REOMMEND APPROAL AND AEPTANE OF THE PROFFERED ONDITIONS ON PAGES 2 AND 3. Recommend approval for the following reasons: (NOTES: STAFF REOMMENDATION While the applicant has not fully addressed the impacts on capital facilities in a monetary amount consistent with the Board of Supervisors ash Proffer Policy, the applicant s proposal includes a proffer for parking improvements to serve the hester illage Library and proposed arts center. Further, proffered conditions would require the use of high-quality residential building materials and design elements above those currently required that should contribute to a durable and sustainable housing product. A. THE ONLY ONDITION THAT MAY BE IMPOSED IS A BUFFER ONDITION. THE PROPERTY OWNER(S) MAY PROFFER ONDITIONS. ONDITION(S) NOTED STAFF/P WERE AGREED UPON BY BOTH STAFF AND THE OMMISSION. Providing a FIRST HOIE community through excellence in public service

2 B. SINE THE OMMISSION S ONSIDERATION OF THIS ASE, PROFFERED ONDITIONS D AND 1 HAE BEEN AMENDED. FOR THE BOARD OF SUPERISORS REFERENE, BOTH THE ORIGINAL PROFFER ONSIDERED BY THE OMMISSION (NOTED AS STAFF/P ) AND THE AMENDED PROFFER (NOTED AS STAFF ) ARE INLUDED HEREIN.) PROFFERED ONDITIONS The Applicant hereby amends Proffered ondition D of ase No. 95SN0309 to read as follows. (STAFF/P) D. ash Proffer. The applicant, sub-divider, or assignee(s) shall pay the following to the ounty of hesterfield, prior to the issuance of a certificate of occupancy for each dwelling unit for infrastructure improvements within the service district for the property: a. $7,200 per dwelling unit. At the time of payment, the $7,200 will be allocated for roads. ash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Should hesterfield ounty 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 towards, but not in addition to, any impact fees, in a manner as determined by the ounty. If upon the mutual agreement of hesterfield ounty and the Applicant, the Applicant provides parking lot improvements to serve the hester Library (the Improvements ), then the cash proffer amount in this Proffered ondition shall be reduced by an amount not to exceed the cost to construct the Improvements so long as the cost is equal or greater value than that which would have been collected through the payment(s) of the cash proffer as determined by hesterfield ounty. Once the sum total amount of the cash proffer credit exceeds the cost of the Improvements, as determined by hesterfield ounty, thereafter the Applicant shall commence paying the cash proffer as set forth in this Proffered ondition as adjusted for the credit. For the purposes of this proffer, the costs shall include, but not be limited to, the cost of engineering, relocating utilities, construction (including labor, materials, and overhead) ( Work ). Before any Work is performed, the Applicant shall receive prior written approval by hesterfield ounty for the Improvements and any credit amount. (B & M) 2 13SN0520-AUG28-BOS-RPT

3 (STAFF) Instead of proffering cash to meet this development s impacts on the county s infrastructure, the applicant hereby proffers the following construction of improvements to benefit the county s library system and traffic movement needs: D. In-Kind-Improvements. The Applicant shall provide parking lot improvements, acceptable to the ounty, to serve the hester Library (the Improvements ). For the purposes of this proffer, the Improvements shall include all work necessary to complete at a minimum 40 parking spaces of the 70 space parking lot shown on Exhibit A, dated July 26, 2013, attached hereto. The improvements shall include, but not be limited to, engineering, relocating utilities and construction (including labor, materials, and overhead). The costs of the Improvement shall not exceed $201, (amount that would otherwise have been collected by the ounty under the current cash proffer policy). Should the cost of the initial 40 spaces be less than $201,600, the developer shall continue to construct additional parking spaces up to an amount not to exceed $201,600. The Improvements shall be completed prior to the issuance of a certificate of occupancy for any dwelling unit on the subject property. onstruction bids for the Improvements shall be reviewed and accepted by the county prior to the issuance a Land Disturbance Permit for said Improvements. (B & M) The Applicant hereby adds the following additional proffers for this case: (STAFF/P) 1. There shall be a maximum of thirty seven (37) dwelling units. (P) (STAFF) 1. There shall be a maximum of thirty seven (37) dwelling units. A maximum of one (1) dwelling unit shall be permitted to contain more than two (2) bedrooms. No dwelling units shall have more than three (3) bedrooms. Unit types shall be designated on building permits. (P) (STAFF/P) 2. The buildings shall have an architectural design generally as shown on the elevations by Poole and Poole Architecture, LL, and dated April 26, (P) (STAFF/P) 3. Eighty percent (80%) of the building façade, excluding windows and doors, shall be brick or stone materials. (P) (STAFF/P) 4. aried roof designs and materials shall be used on building sections across the north and south facades to emphasize the visual 3 13SN0520-AUG28-BOS-RPT

4 distinction between each building section and to provide the appearance of no flat roofs for those sections. (P) (STAFF/P) 5. Balconies shall be provided on the second and third floors for at least four (4) of the dwellings on the north elevation of the building, oriented towards Fountain Square Plaza. These balconies shall be covered and architecturally compatible to the attached elevations and shall be a minimum of six (6) feet in depth and sixty (60) square feet in area. A minimum of fifty percent (50%) of remaining dwellings on the north facing elevation shall have balconies that are uncovered and that project from the building depths of two (2) to three (3) feet to provide an outdoor living space. (P) Location: GENERAL INFORMATION The request property is located in the southwest corner of Fountain Square Plaza and hester illage Drive. Tax IDs , 8854 and Existing Zoning: Size: -3 with conditional use planned development 0.6 acre Existing Land Use: acant Adjacent Zoning and Land Use: North, South, East and West -3 with UPD; ommercial, public/semi-public and multifamily residential UTILITIES Public Water and Wastewater Systems: This request will not impact the public utility systems. 4 13SN0520-AUG28-BOS-RPT

5 ENIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. PUBLI FAILITIES The need for schools, parks, libraries, fire stations, and transportation facilities in this area is identified in the ounty's adopted Public Facilities Plan, Thoroughfare Plan and apital Improvement Program and further detailed by specific departments in the applicable sections of this Request Analysis. Fire Service: The Public Facilities Plan, part of the omprehensive Plan, indicates that fire and emergency medical service (EMS) calls increased by forty-four (44) percent from 2001 to 2011, significantly faster than the ounty s population increase of seventeen (17) percent. Of the total incidents in 2011, nearly seventy-six (76) percent were medical emergencies and twenty-four (24) percent were fire-related. It is expected with the general aging of the population that medical emergency incidents will increase faster than the rate of population growth over time. Five (5) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the five (5) new stations, the Plan also recommends the replacement/revitalization of four (4) existing stations. Based on thirty-seven (37) dwelling units, this request will generate approximately ten (10) calls for fire and emergency medical service (EMS) each year. The applicant has not addressed the impact on Fire and EMS due to the deletion of cash proffers attributed to Fire and EMS. The hester Fire Station, ompany Number 1, currently provides fire protection and EMS. 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 13SN0520-AUG28-BOS-RPT

6 Schools: IMPAT OF DEELOPMENT ANALYSIS: Residential Yield: 37 School Name Student Yield From Residential Development * Membership Functional apacity % of apacity No. of Trailers ** Elementary: Ecoff % 2 Middle: arver 4 1,059 1,275 83% High: Thomas Dale 6 2,259 2,750 82% Total 18 NOTE: * The Student Yield is based on the 2012 ash Proffer Methodology as provided by the hesterfield ounty Finance Department. NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified in the staff report. Student Membership is based on membership as of School apacity is based on the Space Utilization Study. Libraries: After review of this request, the proposed amended rezoning case will have a minimal impact on the aforementioned schools involved. However, over time this case, combined with other tentative residential developments, infill developments and other zoning cases in the area, will continue to push these schools to capacity. Therefore, the aforementioned units should continue to be subject to full cash proffers, to mitigate the impact that this proposed development would have on schools. onsistent with 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 ounty. The development noted in this case would most likely affect the hester Library. The Plan identifies a need for additional library space in the hester area, including the construction of a new 20,000 square foot facility in the vicinity of Kingsdale and Hopkins 6 13SN0520-AUG28-BOS-RPT

7 Roads as well as the hester Arts enter. These facilities would address current and future demand issues on the existing hester Library. The applicant s amendment to the cash proffer condition contains a provision which would require the applicant to construct a surface parking lot on a portion of the adjoining hester Library and Arts enter parcel. Since the proposed parking lot is located on ounty-owned property, the ounty would control future access and use of the parking lot improvements constructed by the applicant. The applicant would be responsible for financing, designing and constructing the surface parking lot for the ounty s benefit. The applicant s proposal to construct a surface parking lot will address the impacts of this request on library facilities. Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional parks totaling 600 acres, ten (10) community parks totaling 790 acres, nine (9) neighborhood parks totaling 180 acres, and three (3) water-based special purpose parks. The Plan also identifies the need for urban parks within mixed use developments to compliment and provide linkages to the ounty s park system. The Plan identifies the need for linear parks and trails and resource-based special purpose parks [historical, cultural and environmental] and makes suggestions for their locations. The Plan also addresses the need to expand existing park sites to meet level of service standards. The Plan also identifies the need to improve access to blueways through the acquisition of easements and properties. o-location with schools and other compatible public facilities is desired. The applicant has not addressed the impact on Parks and Recreation facilities with the removal of the cash proffers, as outlined in the Board s ash Proffer Policy. ounty Department of Transportation: The applicant is requesting to amend Proffered ondition D of Zoning ase 95SN0309 regarding cash proffers and provide proffered conditions relating to maximum number of dwelling units and architecture quality standards. This request will have a similar traffic impact as the previously approved zoning case. In 1995, the Board of Supervisors approved the rezoning of the property to allow a mixed-use development. It was anticipated the development as a whole could generate approximately 20,400 average daily trips with impacts to West Hundred Road (Route 10), entre Street, Lee Street, and DeLavial Street. Since the major goal of the hester illage Plan was to create a small town with primary focus on pedestrian oriented activities, rather than the accommodation of automobiles, staff reviewed ase 95SN0309 from the same perspective as cases along Jefferson Davis orridor (i.e., to aid in redevelopment of the area, the developers have not been requested to provide the customary infrastructure improvements or limit the density to address the impacts of this development). 7 13SN0520-AUG28-BOS-RPT

8 irginia Department of Transportation (DOT): DOT has no comment on this request. Financial Impact on apital Facilities: PER UNIT Potential Number of New Dwelling Units 37* 1.00 Population Increase Number of New Students Elementary Middle High Total Net ost For Schools $ 349,465 $ 9,445 Net ost for Parks $ 46,139 $ 1,247 Net ost for Libraries $ 11,951 $ 323 Net ost For Fire Stations $ 26,233 $ 709 Average Net ost Roads $ 296,703 $ 8,019 Total Net ost $ 730,491 $ 19,743 *Based on the number of dwelling units remaining to be built. The actual number of dwelling units and corresponding impact may vary. The applicant previously paid cash proffers for nine (9) of the thirty-seven (37) dwelling units in As noted, this proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $19,743 per unit. The applicant has been advised that a maximum proffer of $18,966 per unit would defray the cost of the capital facilities necessitated by this proposed development. The original case (95SN0309) was approved in 1995 with cash proffers in the amount of $5,175 (adjusted upward by the Marshall and Swift Building ost Index, amount is currently $9,327) for the impact of the development on schools, libraries, parks, fire stations and roads. For elderly/retirement housing, the schools portion was not proffered; these dwelling units have an approved cash proffer of $3,089 (adjusted upward by the Marshall and Swift Building ost Index, amount is currently $5,566). The applicant previously paid cash proffers for nine (9) 8 13SN0520-AUG28-BOS-RPT

9 dwelling units in 2007 that subsequently were destroyed; those payments will be applied to building permits for the first nine (9) dwelling units moving forward. The applicant has requested to amend ondition D of 95SN0309 to substitute the provision of inkind-improvements to serve the hester Library and traffic movement needs in lieu of a cash proffer. The applicant has proffered to provide a minimum of forty (40) spaces, and up to seventy (70) spaces, provided the cost does not exceed $201,600. Staff has determined that the cost of in-kind-improvements (seventy (70) spaces minimum) proffered in the case may be approximately $200,000 based on industry standards. Accordingly, at $200,000, the value of the improvements corresponds to an approximate per dwelling unit cash proffer of $7,140. The applicant has also proffered quality standards to increase the durability and sustainability of the housing product. The applicant has not fully addressed the impacts of this development on fire stations, parks, roads and schools. The current ash Proffer Policy allows the ounty to assess the impact of all dwelling units in previously approved zoning cases that come back before the Planning ommission and Board of Supervisors using the calculated capital facility costs in effect at the time the case is reconsidered. It is appropriate to accept the maximum cash proffer of $18,966 for each dwelling unit, including senior housing units. The Board can evaluate this case by measuring the proffered conditions against this case s current cash proffer of $9,327; under this approach, staff believes the applicant has proffered a fair proposal. The Board should also note that while the applicant has proffered items that partially mitigate the impact of the development on capital facilities, the proffer is inadequate when measured against the Board s maximum cash proffer of $18,966. 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 fully address the impact of all units on capital facilities. 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 the proffers as presented. omprehensive Plan: LAND USE The subject property is located within the boundaries of The hester Plan which suggests the property is appropriate for neighborhood mixed-use. This designation suggests a mix of neighborhood scale retail and service, professional and administrative offices, along with residential developments of varying densities. 9 13SN0520-AUG28-BOS-RPT

10 Area Development Trends: Surrounding properties to the north, south, east and west are zoned commercially and are occupied by commercial, office, multi-residential and public/semi-public uses. The subject property is located adjacent to the hester Library and south of hester illage Green. A mix of neighborhood scale retail, offices and residential uses should continue in the area as suggested by the Plan. Zoning History: On September 27, 1995 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved rezoning of the request property from Agricultural (A) and Residential (R-7) to ommunity Business (-3) plus conditional use planned development to permit use and bulk exceptions on this tract plus adjacent property (ase 95SN0309). onditions of approval addressed road improvements, utilities, impacts on capital facilities, and density restrictions for dwelling units within the illage Green tract, where the subject property is located. On November 28, 2012 the Board of Supervisors, upon an unfavorable recommendation by the Planning ommission, denied an amendment of conditional use planned development (ase 95SN0309) relative to density, tract acreage and deletion of the cash proffer on the request property (ase 12SN0225). Specifically, a multifamily building consisting of forty-four (44) dwelling units with no commercial, retail or office uses on the first floor was proposed. Proffered conditions limited the maximum number of bedrooms in a dwelling unit to no more than two (2); provided architectural and design standards for the proposed building; and offered no cash proffer to assist in addressing the impact of these dwelling units on capital facility costs. Proposed Uses and Density Restrictions: The applicant proposes a multi-use building containing approximately 14,000 square feet of commercial and retail space on the ground floor with over-shop housing on the second and third floors. The illage Green tract has a density restriction of 200 dwelling units on five (5) acres, with the stipulation that there is no limit on the acreage or number of overshop dwelling units (ase 95SN0309, II..2.J. of the Textual Statement). The applicant has proffered a condition that limits the number of proposed dwelling units to thirtyseven (37) as well as a limitation on the number of bedrooms per dwelling unit (Proffered ondition 1). Dwellings would be limited to two (2) or less bedrooms, with one (1) dwelling that may contain up to three (3) bedrooms. urrent Architecture and Design Requirements: The request property lies within the hester illage ore. Where not addressed by conditions of ase 95SN0309 or proffered conditions contained herein, new construction must conform to the development standards of the Zoning Ordinance which address 10 13SN0520-AUG28-BOS-RPT

11 access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, screening of dumpsters and loading areas. Within the hester illage ore Area, the ordinance requires architectural treatment and design that: avoids exterior materials inferior in quality, appearance or detail to any other exterior of the same building; imparts harmonious proportions, architectural variety and compatibility with existing structures, and enhances the overall cohesive village character as reflected in existing structures; and achieves building character through design elements such as: o o o o materials, balconies and/or terraces articulation of doors and windows, sculptural or textural relief of facades; architectural ornamentation; and appurtenances varied roof lines appurtenances such as lighting fixtures and/or plantings. onditions of ase 95SN0309 would also continue to regulate architectural and design standards for the request property. These conditions require an overall design theme for the illage Green which provides continuity, identity and cohesiveness to include building design and materials and a Design Review Board tasked with developing and reviewing these design guidelines based on a community pattern book. These guidelines include: building design and materials public spaces and gateways to include open spaces and community recreation pedestrian circulation and connections streetscape and street lights Architectural Treatment - Proffered onditions: The applicant has proffered several conditions that address specific architectural and design standards for the proposed building. These proffers establish an architectural treatment consistent with the building elevation attached to the staff report (Attachment 1); require building materials of brick or stone for eighty (80) percent of the building facade, minus window and door openings; and incorporate a visible and varied roof design for the north and south building elevations. (Proffered onditions 2, 3 and 4) 11 13SN0520-AUG28-BOS-RPT

12 Proffered ondition 5 requires balconies on the north elevation of the proposed building. To ensure that properly sized balconies are incorporated into the residential portion of the project, the applicant has proffered that at least four (4) covered balconies located on the north elevation of the building be a minimum of six (6) feet in depth and sixty (60) feet in area. Fifty (50) percent of the remaining dwelling units on the north elevation of the building will contain balconies that project a minimum of two (2) to three (3) feet from the facade. The current conditions of zoning do not specify the percentage of brick or stone to be used in the exterior facade, the varied roof design and materials nor the size and quantity of balconies. As such, the proffered conditions offered in this case elevate the project s architectural standards above current conditions of zoning. Subject Property Parking Requirements: The proposed multifamily building will contain a maximum of thirty-seven (37) dwelling units requiring seventy-four (74) parking spaces. ommercial space on the ground floor will require approximately sixteen (16) parking spaces, for an aggregate parking requirement of ninety (90) spaces. The applicant has the ability to use a combination of on-street, on-site and off-site parking areas to address this parking requirement. urrently, twenty-four (24) on-street spaces are available within hester illage Green. Approximately seven (7) additional parking spaces could be developed on the subject property. The adjacent parking area located at entre Street (Tax ID ) has thirty-five (35) parking spaces that could be leased for this development. With these sixty-six (66) parking spaces that could serve the proposed multifamily building, there remains a potential deficit of approximately twenty-four (24) parking spaces for the developer to address prior to site plan approval. Any parking spaces constructed to and for the benefit of hester Library and the Arts enter, as outlined in the amended proffered condition, cannot be allocated as parking provided for the applicant s proposal. The developer may request a reduction in the number of required parking spaces either through a waiver by the Planning ommission and/or Director of Planning at the time of site plan review, as outlined in ase 95SN0309, or through a variance granted by the Board of Zoning Appeals. Ultimately, the developer is responsible for providing required parking, reducing the number of proposed dwelling units, or obtaining an exception or variance to parking requirements prior to site plan approval. ONLUSION While the applicant s proposal does not fully address the impacts on capital facilities in a monetary amount consistent with the Board of Supervisors ash Proffer Policy, proffered conditions provide for parking improvements to serve the hester Library and Arts enter and improve traffic movement needs of the surrounding neighborhood SN0520-AUG28-BOS-RPT

13 The request property is subject to ordinance and conditions of zoning that regulate design features of the proposed building, including site design, architecture and building materials. onditions have been proffered to elevate the quality of building design and materials so as to contribute to a durable and sustainable housing product. The Planning ommission and the Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances that justify the acceptance of the proffered conditions contained herein. Given these considerations, approval of this request is recommended. ASE HISTORY Planning ommission Meeting (6/18/13): The applicant s representative accepted the recommendation. There was no opposition present. Mr. Patton noted that applicant s proposal offers a reduced number of residential dwellings, a resolution to addressing required parking, enhanced architectural features for infill development in a village area and an adequate cash proffer contribution. On motion of Mr. Patton, seconded by Mr. Gulley, the ommission recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller. Board of Supervisors Meeting (7/17/13): On their own motion, and with the applicant s consent, the Board deferred this case to their August 28, 2013 public hearing. Staff (7/17/13): The applicant was advised in writing that any significant new or revised information should be submitted no later than July 22, 2013 for consideration at the Board s August 28, 2013 public hearing. Staff (8/6/13): Revisions to proffered conditions were received SN0520-AUG28-BOS-RPT

14 The Board of Supervisors, on Wednesday, August 28, 2013 beginning at 6:30 p.m., will take under consideration this request SN0520-AUG28-BOS-RPT

15 Z LL AG RA E D EA O M H EA DE ST H M ST DO WG HAR RO R-7 H ND R MLEAN TRAT O TRUEHEART W ED Z -2 Z HM AG RI L IL D U FO A LZ R TE ES -5 U SQ N I A NT P RE H Feet T D OA 300 DH ILR 0 OL ST 150 S DR UN R ED S D L IA R -3 HS RT WE 300 X S N HU DR R ED PE / W -2 Z DR M GE ST 13SN0520 AMEND ZONING -2 Z ST RD S LA RE NE E LE R-7 L I W TO ER ST NT E H T E EN RD ILLAGE SHOPPING ENTER R GA -3-3 TE GE R-7 HESTER OURT APTS ES LA IL HESTER TOWNHOUSE APTS Ac NUNNALLYS ADDITION FESTIAL PARK APTS H U FO HESTER LIBRARY AIN NT Z PL DO E AR U SQ D A -2 T DEN IR HESTER ILLAGE APARTMENTS D GA R ILLA AG E D TE R R HES ILL A GE G ARDE HESTER ILLAGE ONDOS DR N DR E R-7 RE S G DR I LA IL EK Z ER ST HESTER ILLAGE GREEN RE E -3 E H -3 ENT A DO E RK A G E PA ATE R ILLA L IA T S FE DR Aerial photos taken in 2009

16 Attachment 1 13SN0520-1

17 Location of Proposed Parking Area Improvements on Tax ID: (70 Surface Parking Lot Spaces) 13SN Exhibit A - July 26, 2013