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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0143
February 25, 2009 BS
AERC River Forest, LLC
and
AERC Virginia Development Company, LLC
Bermuda Magisterial District
Ecoff Elementary; Carver Middle; and Bird High Schools Attendance Zones
South line of Branders Creek Drive
RE VEST: Amendment to Conditional Use Planned Development (Cases 89SN0110 and
07SN0299) relative to density in Residential Townhouse (R-TH) and Multifamily
Residential (R-MF) Districts.
PROPOSED LAND USE:
Conditions of Case 89SN0110 currently limit the density within the R-MF portion of
the request to the existing 240 dwelling units. Conditions of Case 07SN0299
currently limit the density within the R-TH portion of the request to fifty-nine (59)
proposed dwelling units. The applicant is requesting the ability to "float" an
aggregate density of 300 dwelling units between these two (2) tracts, representing an
increase of one (1) additional dwelling unit above current zoning conditions.
(Proffered Condition 1)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
The density condition was negotiated with area property owners. After consideration of public
input, should the Board wish to approve this amendment, acceptance of the proffered conditions
would be appropriate.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS MAY
PROFFER CONDITIONS.) THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
The applicants in this amendment to the conditions of zoning Case 89SN0110 and Case
07SN0299, pursuant to Section 15.2-2298 of the Code of Virginia (1950) (as amended) and the
Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns (the
"applicant"), proffer that the property under consideration (the "property") will be developed
according to the following proffers if, and only if, the rezoning 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 applicant, the proffers shall immediately be null
and void and of no further force or effect:
(STAFF/CPC) 1. Maximum Number of Units. The maximum number of dwelling
units permitted on the Property shall not exceed 300. (P)
(Note: This condition supersedes Proffered Condition 7 of Case
89SN0110 relative to limitation on number of dwelling units
affecting Tax ID 777-652-6715, and Textual Statement Item 2 of
Case 07SN0299 relative to adherence to Residential Multifamily
(R-MF) densities under the Zoning Ordinance affecting Tax ID
777-651-0396.)
(STAFF/CPC) 2. Transportation Improvements. Prior to the earlier of (a) issuance
of a building permit for any dwelling unit on the Property beyond a
cumulative total of 240 units or (b) recordation of the initial
subdivision plat establishing lots within the Townhouse Property
subject to Case 07SN0299, the developer shall pay $170,000 to
Chesterfield County to be applied to the cost to construct an
extension of or improvements to Carver Heights Drive, or for other
road improvements within the Property's traffic shed as defined in
the County's cash proffer policy. (T)
(Note: This condition supersedes Proffered Condition 4 of Case
89SN0110, Proffered Condition 3 of Case 07SN0299, and
Proffered Condition 3 of Case 06SN0196, as they relate to
transportation improvements required in connection with
development of the Property.)
(STAFF/CPC) 3. Cash Proffer. In addition to the transportation payment specified
in Proffered Condition 2, the applicant, subdivider, or assignee(s)
2 09SN0143-FEB25-BOS-RPT
shall pay the following to the County of Chesterfield for
infrastructure improvements within the service district for the
Property:
a. Prior to the issuance of a building permit for each dwelling
unit, the applicant, subdivider, or assignee(s) shall pay to
the County of Chesterfield the following amounts for
infrastructure improvements within the service district for
the Property:
i) If payment is made prior to July 1, 2009 $18,080.00
per dwelling unit; or
ii) If payment is made after June 30, 2009 the amount
approved by the Board of Supervisors not to exceed
$18,080 per dwelling unit and adjusted upward by
any increase in the Marshall and Swift Building
Cost Index between July 1, 2008, and July 1 of the
fiscal year in which the payment is made.
b. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
c. Should Chesterfield County impose impact fees or other
fees for infrastructure improvements at any time during the
life of the development of the property, the amount paid in
cash proffers shall be in lieu of or credited toward, but not
be in addition to, any such impact or other infrastructure
fees, in a manner determined by the County. (B&M)
(Note: This condition supersedes Proffered Condition 9 of Case
06SN0196, which was incorporated by Proffered Condition 2 of
Case 07SN0299).
(STAFF/CPC) 4. Timberin . 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 have been
installed. (EE)
3 09SN0143-FEB25-BOS-RPT
GENERAL INFORMATION
Location:
South line of Branders Creek Drive, south of Iron Bridge Road. Tax IDs 777-651-0396
and 777-652-6715.
Existing Zoning:
R-MF and R-TH, both with Conditional Use Planned Development
Size:
33.3 acres
Existing Land Use:
Residential multifamily and vacant
Adjacent Zoning and Land Use:
North - C-3 and C-5; Commercial or vacant
South - A; Single family residential
East - R-MF; Multifamily residential
West - R-TH; Vacant
TITTT,TTTF,~
Public Water System:
The request site is within the Courthouse Tank Water Pressure Zone. There is an existing
eight (8) inch water line extending along Quiet Pine Circle and Quiet Pine Drive to serve
the River Forest Apartments. Use of the public water system is required by existing
conditions of zoning.
Public Wastewater System:
The request site is within the service area of the Piney Branch Wastewater Pump Station
in the Proctors Creek Sewer Service Area. There is an existing twelve (12) inch
wastewater trunk line extending from the Piney Branch Pump Station across the request
site to Rivington Drive. Eight (8) inch wastewater collector lines have been installed
along portions of Quiet Pine Drive and Quiet Pine Circle from the twelve (12) inch trunk
line to serve the River Forest Apartments. Use of the public wastewater system is
required by existing conditions of zoning.
4 09SN0143-FEB25-BOS-RPT
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the south and then via the tributary to Swift Creek. There
are currently no on- or off site drainage or erosion problems and none are anticipated
after development. 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 devices are installed prior to timbering.
(Proffered Condition 4)
Water ualit
Approximately sixty (60) percent of the property is encumbered by Resource Protection
Area (RPA) within which uses are limited, or by wetlands.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities in this area is identified in the
County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement Program
and further detailed by specific departments in the applicable sections of this request analysis.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on the sixty (60) dwelling units not yet developed, this request
will generate approximately seventeen (17) calls for fire and emergency medical service
each year. The applicant has addressed the impact on fire and EMS. (Proffered
Condition 3)
The Chester Fire Station Number 1 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
p ans review process.
Sch~~l~:
Based upon the sixty (60) dwelling units not yet developed, approximately twenty-nine
(29) (Elementary: 13, Middle: 7, High: 9) students will be generated by this request.
This site lies in the Ecoff Elementary School attendance zone: capacity - 782, enrollment
- 754; Carver Middle School zone: capacity - 1,287, enrollment - 831; and Bird High
School zone: capacity -1,660, enrollment -1,753. The enrollment is based on September
30, 2008 and the capacity is as of 2008-2009.
5 09SN0143-FEB25-BOS-RPT
This request will have an impact at the elementary and high school levels. There are
currently four (4) trailers at Ecoff Elementary; three (3) at Carver Middle and five (5) at
Bird High. This case, combined with other residential developments and zoning cases in
the area, will continue to push these schools to capacity, necessitating some form of relief
in the future. The applicant has addressed the impact of the development on schools.
(Proffered Condition 3)
T,ihrarie~~
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. The
development noted in this case would most likely affect the Chester Library or the
Central Library. The Plan identifies a need for additional library space in the Chester
area. The applicant has addressed the impact of the development on libraries. (Proffered
Condition 3)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the county. The 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 2020. The Plan also identifies the need for linear
parks and resource based-special purpose parks [historical, cultural and environmental];
recreational facilities to include sports fields, trails, playgrounds, court games, senior
centers and picnicking area/shelters at existing parks; and water access and trails along
the James and Appomattox Rivers and their major tributaries and Swift and Falling
Creeks. The applicant has addressed the impact of the development on parks. (Proffered
Condition 3)
Transportation:
This request will have the same traffic impact as what was previously approved in Cases
89SN0110 and 07SN0299.
Proffered Condition 1 of this request limits the density on the property, which includes
part of the property included in case 89SN0110 and all of the property included in case
07SN0299, to a total of 300 dwelling units. The overall density, when compared to what
was previously permitted by both cases, remains essentially the same.
Proffered Condition 3 of Case 07SN0299 required that with development of any R-TH or
R-MF unit, a cash contribution be made towards either the cost to construct an extension
of Carver Heights Drive or other road improvements within this traffic shed. The
applicant has restated this proffered condition to ensure that this cash contribution will be
made in accordance with the previously approved condition.
6 09SN0143-FEB25-BOS-RPT
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. The applicant has proffered to contribute cash, in an
amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic
impact of this request. (Proffered Condition 3)
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 60~ 1.00
Population Increase 161.40 2.69
Number of New Students
Elementary 13.20 .22
Middle 6.60 .l 1
High 9.60 .16
TOTAL 29.40 .49
Net Cost for Schools $488,880 $8,148
Net Cost for Parks 67,800 1,130
Net Cost for Libraries 15,240 254
Net Cost for Fire Stations 33,360 556
Average Net Cost for Roads 832,260 13,871
TOTAL NET COST $1,437,540 $23,959
~ Based on a proffered maximum of 300 dwelling units. There are currently 240 dwelling units
constructed, thereby resulting in an additional sixty (60) units. The actual number of units and
the corresponding impact may vary. (Proffered Condition 1)
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 $23,959 per unit. The applicant has been advised that a maximum proffer of
$18,080 per unit would defray the cost of the capital facilities necessitated by this proposed
development. Consistent with the Board of Supervisors' policy, and proffers accepted from other
applicants, the applicant has offered $18,080 per dwelling unit to assist in defraying the cost of
this proposed zoning on such capital facilities. (Proffered Condition 3)
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.
7 09SN0143-FEB25-BOS-RPT
T , ANn T IMF,
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for mixed use corridor and community mixed uses, to include a mix of office,
commercial and residential uses of various densities.
Area Development Trends:
The subject properties are currently zoned for multifamily development as part of a
mixed use project surrounding the intersections of South Chalkey Road and Branders
Creek Drive with Iron Bridge Road.
Zonin H.~ istory:
On July 26, 1989, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved the rezoning of a 113-acre tract to Multifamily
Residential (R-MF), General Business (B-3), Light Industrial (M-1) and Office Business
(0) for a mixed use development located on the south line of Iron Bridge Road across
from Chalkley Road (89SN0110). Conditions of zoning limited the multifamily portion
of this project to 240 dwelling units. This property was subsequently developed as the
River Forest Apartments project.
On July 26, 2006, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved the rezoning of a 47.6 acre tract for a mix of residential,
office and commercial uses located on the south line of Iron Bridge Road, east of
Branders Creek Drive and west of Edenshire Road (Case 06SN0196).
On July 25, 2007, the Board of Supervisors, upon favorable recommendation by the
Planning Commission, approved an amendment to Case 06SN0196 to permit a portion of
the R-TH component of the tract to be developed for multifamily residential uses to
accommodate the expansion of the adjacent River Forest Apartment project. Conditions
of this amendment limited the density of this tract to the R-MF requirements of ten (10)
dwelling units per acre.
Site Design:
The applicant proposes an expansion of the River Forest Apartment project. Conditions
of zoning limit the number of dwelling units on the R-MF tract to the existing 240.
Conditions limit the number of multifamily dwellings on the R-TH tract to fifty-nine (59)
units, which have not been developed. Approval of this amendment would permit the
ability to "float" an aggregate density of 300 dwelling units between these two (2) tracts,
representing an increase of one (1) additional dwelling unit above current zoning
limitations. (Proffered Condition 1)
8 09SN0143-FEB25-BOS-RPT
CONCLUSIONS
The density condition was negotiated with area property owners. After consideration of public
input, should the Board wish to approve this amendment, acceptance of the proffered conditions
would be appropriate.
CASE HISTORY
Planning Commission Meeting (Ol/20/09):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, February 25, 2009, beginning at 6:30 p.m., will take
under consideration this request.
9 09SN0143-FEB25-BOS-RPT
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