11SN0154CASE MANAGER: Jane Peterson
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0154
BB Hunt LLC
Tlonoml,ar 1 2 ~n~ n~C
January 26, 2011 BS
Midlothian Magisterial District
Watkins Elementary; Midlothian Middle and Midlothian High Schools Attendance Zones
Off the west line of Charter Park Drive at Charter Landing Drive
RE VEST: Amendment of conditional use planned development (Case 94SN0138) to delete
age restriction for occupancy. Specifically, deletion of Proffered Condition 8 to
permit relief to the age restriction requirements for eighty (80) residential units
within the Westwood Village condominium development of Charter Colony is
proposed.
PROPOSED LAND USE:
A residential condominium development known as Westwood Village is under
construction.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2.
AYES: Messrs. Hassen, Bass, Gulley and Waller.
ABSENT: Dr. Brown.
STAFF RECOMMENDATION
Recommend denial for the following reason:
The requested amendment does not fully mitigate project impacts on capital facilities
and, thereby would not insure adequate service levels are maintained to protect the
health, safety and welfare of County citizens.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITION NOTED WITH "CPC" IS
RECOMMENDED BY THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
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(CPC) The total number of multi-family and townhouse units occupied by persons other
than those meeting the occupancy requirements for retirement housing as defined
by the Code of Virginia, Sec. 36-86 ET SEQ (Virginia Fair Housing Law) shall
not exceed 600 units. (P)
(Staff Note: This condition amends Proffered Condition 8 of Case 94SN0138 with
the intent of providing relief to the age-restriction requirements for eighty (80)
dwelling units on the request property only.)
GENERAL INFORMATION
Location:
The request property is located off the west line of Charter Park Drive, at Charter Landing
Drive. Tax IDs 723-703-2495, 3484, 5091, 6181 and 7089; and 723-704-5901.
Existin Z.~g:
R-9 with conditional use planned development
Size:
1.2 acres
Existing Land Use:
Residential
Adjacent Zoning and Land Use:
North, South, East and West - R-9 with conditional use planned development;
Residential multi-family condominiums or common areas (Westwood Village)
T TTTT .TTTF C
Public Water S,, sue:
The site is located within the Robious water pressure zone. There is an eight (8) inch
water line that surrounding the site. Connection to the public water system is required by
County Code.
2 11SN0154 JAN26-BOS-RPT
Public Wastewater S,, sue:
The site is located within the Upper Swift Creek sewer service area. There are two (2)
eight (8) inch wastewater lines directly adjacent to the site. Connection to the public
wastewater system is required by County Code.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
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 Capital
Improvement Pro ream and further detailed by specific departments in the applicable sections of
this request analysis.
Fire ~erviee~
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 (80) dwelling units, this request will generate approximately
(14) calls for fire and Emergency Medical Service each year. The applicant has not
addressed the impact to Fire and EMS.
The Midlothian Fire Station, Company Number 5, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service. When the
property is developed, the number of hydrants, quantity of water needed for fire
protection, an access requirements will be evaluated during the plans review process.
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Approximately thirty-nine (3 9) (Elementary: seventeen (17), Middle: nine (9), High:
thirteen (13)) students will be generated by this request. Currently this site lies in the
Watkins Elementary School attendance zone: capacity - 739, enrollment - 987;
Midlothian Middle School zone: capacity - 1,246, enrollment- 1,177; and Midlothian
High School zone: capacity - 1,598, enrollment - 1,414. The enrollment is based on
September 30, 2010 and the capacity is as of 2010-2011. This proposal will have an
impact on school facilities. There are currently ten (10) trailers at Watkins Elementary
and seven (7) at Midlothian Middle.
This case represents an impact of an additional eighty (80) residential units upon the
school system that were not anticipated with the original 1994 zoning case. This case
combined with other residential developments and zoning cases in the area, will continue
3 11SN0154 JAN26-BOS-RPT
to push these schools over capacity, necessitating some form of relief in the future. The
applicant has not addressed the impact of this development on school facilities.
Libraries:
The Public Facilities Plan identifies a need for additional library space in this area of the
county. This development would impact the Midlothian Library. The current Capital
Improvement Program includes proposed new libraries in the Reams-Gordon and
Robious Road areas to help in alleviating demand on the Midlothian library. The
applicant has not offered measures to address the impact of this development on library
facilities.
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; linear parks and resource based-special
purpose parks (historical, cultural and environmental); recreational facilities; water
access; and trails. The applicant has not offered measures to address the proposed
development's impact on these parks and recreation facilities.
County Department of Transportation:
In August 1994 the Board of Supervisors approved the rezoning of approximately 775
acres (Case 94SN0138), commonly known as Charter Colony, which included the subject
property. Prior to the applicant filing that rezoning request, the County Administrator
entered into an agreement with the owner of Charter Colony (J. Louis Reynolds Trust)
and the State Board of Community Colleges. Under the terms of that agreement, the
owner agreed to conditionally dedicate, among other things, approximately 116 acres for
John Tyler Community College and approximately eighty (80) acres of right-of way for
Route 288. That agreement states "the County agrees that it will not require that the Trust
provide improvements to Route 60, RCR/CCP (Relocated Coalfield Road/Charter Colony
Parkway) Woolridge Parkway Extended, Route 288 or other existing roads in connection
with the full development of Charter Colony; provided, however, the Trust shall provide
customary internal development roads as required in accordance with County subdivision
and zoning ordinances." Based on that agreement, the Transportation Department has not
recommended any road improvements to be provided with the development of Charter
Colony.
Vir ing is Department of Transportation (VDOT):
VDOT has no comments on this request.
4 11SN0154 JAN26-BOS-RPT
Financial Impact on Capital Facilities:
PER DWELLING UNIT
Potential Number of New Dwelling Units 80~ 1.00
Population Increase 213.60 2.67
Number of New Students
Elementary 17.60 0.22
Middle 8.80 0.11
High 12.80 0.16
TOTAL 39.20 0.49
Net Cost for Schools $750,400 $9,3 80
Net Cost for Parks 99,040 1,238
Net Cost for Libraries 24,800 310
Net Cost for Fire Stations 55,920 699
Average Net Cost for Roads 1,141,920 14,274
TOTAL NET COST $2,072,080 $25,901
Based on the applicant's request.
This applicant is seeking an amendment of zoning Case 94SN0138 to delete age-restriction for
occupancy for eighty (80) dwelling units.
As noted, this proposed development would have an impact on capital facilities. Staff has
calculated the fiscal impact of eighty (80) dwelling units on schools, roads, parks, libraries, and
fire stations at $25,901 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 applicant has not offered cash proffer conditions with this request because they feel the
proffered conditions from the 94SN0138 zoning case are still appropriate. Proffered Condition 3
of Case 94SN0138 provides a cash proffer for any residential unit in excess of 2,088. Based on
information provided by the applicant, the anticipated build-out of this development totals 1,957
units. As such, under current conditions, it is not anticipated that a cash proffer will be collected
for this development. Proffered Condition 8 of Case 94SN0138 limits the total number of non-
age restricted multi-family and townhouse units to 520 units. The current request would permit
conversion of an additional eighty (80) units from age-restricted to non-age restricted occupancy
for a total of 600 non-age restricted units with associated impacts. 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 this development on capital facilities.
5 11SN0154 JAN26-BOS-RPT
The Planning Commission and 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.
T .ANTI T TCF.
Comprehensive Plan:
The subject property is located within the boundaries of the Midlothian Area Community
Plan which suggests the property is appropriate for residential use of 1.01 to 2.0 dwelling
units per acre.
Area Development Trends:
The request property is part of Tract 1 of the Charter Colony Development. Surrounding
properties are zoned Residential (R-9) with conditional use planned development and are
occupied by residential use of varying densities. It is anticipated that residential
development will continue in the area in accordance with the approved zoning and master
plan for the Charter Colony community.
Zonin H.~ istory:
On August 24, 1994 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning from Residential (R-15) and Residential
Townhouse (R-TH) to Residential (R-9) and Community Business (C-3) with conditional
use planned development to permit use and bulk exceptions on an 822 acre tract (Case
94SN0138). A mixed use development, commonly known as Charter Colony, to include
residential, office, commercial and public/semi-public uses was proposed. This case
incorporated the request site as part of Tract 1. Tract 1 permits residential multi-family,
townhouse and private school uses.
Current Proposal:
Proffered Condition 8 of Case 94SN0138 restricts occupancy for multi-family and
townhouse dwelling units within the overall Charter Colony development. Specifically, a
maximum of 520 multi-family and townhouse units may be occupied by persons other
than those meeting the occupancy requirements for older persons as defined by the Code
of Virginia. To date, 508 of these 520 non-age restricted dwelling units have been
developed. These include Bristol Village Condominiums (174 units); Bristol Village
Apartments (126 units); and Westwood Village Condominiums (208 units). Currently, an
additional ninety-two (92) condominium units are proposed on the request property as
part of an existing multi-family condominium proj ect known as Westwood Village within
the Charter Colony development. Given that only twelve (12) of these proposed units
may be non-age restricted based upon the proffered maximum of 520, the remaining
eighty (80) units would be restricted to occupancy of persons meeting the occupancy
6 11SN0154 JAN26-BOS-RPT
requirements for older persons as defined in the Code of Virginia. The applicant desires
to delete this occupancy requirement for these eighty (80) units.
CONCLUSIONS
The proposed amendment does not address the impact of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and the 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 Pro .gram. This request does not
mitigate the impact of this development on capital facilities and, thereby would not insure
adequate service levels are maintained to protect the health, safety and welfare of County
citizens.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (12/13/l0):
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation. There was support present noting that age restrictions on
occupancy could be problematic relative to the Federal Fair Housing Act.
Mr. Waller noted the proffered maximum of 2088 dwelling units for the overall Charter
Colony development was not exceeded with this amendment and, as such, should not
trigger the need to address capital facility impacts.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval with the imposition of the Condition on page 2.
AYES :Messrs. Hassen, Bass, Gulley and Waller.
ABSENT: Dr. Brown.
The Board of Supervisors, on Wednesday, January 26, 2011, beginning at 6:30 p.m., will take
under consideration this request.
7 11SN0154 JAN26-BOS-RPT
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