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12SN0134CASE MANAGER: Darla Orr .:: i3 i'f~L_ t,.. ~ .-r:.r ~3 BS Time Remaining: 337 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0134 Ironbridge Corner LC i`~T-v`P2i~2r~~, 2z~r r c~ c ~21~~2~2~~~ T,,,,o 2'7 ~ni~ uc ~zmcz i ~. vzzac7 July 25, 2012 BS Bermuda Magisterial District Northeast corner of Ironbridge Parkway and Iron Bridge Road Ecoff Elementary, Salem Middle and Bird High Schools Attendance Zones REQUEST: Amendment of conditional use (Case 07SN0375) relative to age restriction in a Community Business (C-3 District). Specifically, the applicant proposes to delete Proffered Condition 5 which limits occupancy to older persons. PROPOSED LAND USE: Multi-family residential and commercial uses are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Recommend denial for the following reason: The proffered conditions do not adequately address the proposed development's impacts on capital facilities. Consequently, the County's ability to provide adequate facilities to its citizens will be adversely impacted. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS.) Providing a FIRST CHOICE community through excellence in public service CONDITION With the approval of this request, Proffered Condition 5 of Case 07SN0375 shall be deleted. All other conditions of Case 07SN0375 shall remain in force and effect. PROFFERED CONDITIONS (STAFF NOTE: THE PROFFERED CONDITIONS WERE RECEIVED AFTER THE COMMISSION'S CONSIDERATION OF THIS REQUEST.) 1. No dwelling units shall have more than two (2) bedrooms. Unit types shall be designated on building permits. (BI) 2. Design Criteria. A. Not less than forty (40) percent of the exposed portions of the exterior of the front of each building constructed on the Property shall be constructed of brick or stone veneer. B. Roofs shall be of asphalt shingles or other materials with a minimum life of twenty (20) years. C. A clubhouse and pool facility shall be provided. This area shall serve as a focal point and shall be designed to accommodate and facilitate gatherings. This shall be developed and concurrent with the first phase of development. D. Recreational amenities shall not include playground equipment, playfields or other facilities primarily associated with children's play. E. Dwelling foundations shall be brick or stone veneer. F. All private driveways shall be hardscaped with asphalt, concrete or aggregate. G. Sidewalks shall be provided on both sides of all rights-of--way for public roads. To the extent allowed by VDOT, such sidewalks may be located within the rights-of--way for the public roads. H. Street trees shall be installed along each side of the public roads within the Property. If existing trees are maintained, they may be counted toward this requirement. The exact location, spacing, size and species of plantings shall be approved by the Planning Department prior to final site plan approval. The maximum 2 12SN0134 JUL25-BOS-RPT required for street trees shall be as set forth in Sec 19-518(h) Street trees. I. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance Sections 19-516 through 19-518(f). Landscaping shall be designed to (i) minimize the predominance of building mass and paved areas, (ii) define private spaces and (iii) enhance the residential character of the development. The Planning Department, at the time of site plan review, shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement and species of plantings. (P, BI) 3. The applicant, sub-divider, or assignee(s) shall pay $3,009.00 per dwelling unit for school improvements within the service district for the property. 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 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. Should Chesterfield County reduce or eliminate cash proffers, the cash proffer for any dwelling unit on the Property that meets the criteria for reduced or eliminated, cash proffers shall be adjusted to be consistent with such policies. (BM) GENERAL INFORMATION Location: The request property is located in the northeast corner of the intersection of Ironbridge Parkway and Iron Bridge Road. Tax ID 774-656-6268. Existing Zorun~: C-3 Size: 19.8 acres 3 12SN0134 JUL25-BOS-RPT Existing Land Use: Vacant/wooded Adjacent Zoning and Land Use: North - C-2 with CUPD; Commercial or vacant South - C-2 with CUPD; Commercial, public/semi-public, multi-family residential or vacant East - R-TH; Vacant West - C-3, R-7 and I-2; Commercial or office UTILITIES AND 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 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 100 dwelling units, this request will generate approximately twenty-eight (28) calls for Fire and EMS each year. The applicant has not fully addressed the impacts of this development on Fire and EMS. The Chester Fire Station, Company 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. Schools: Based on the cash proffer methodology, approximately 49 (Elementary: 21, Middle: 12, High: 16) new students will be generated by this development. Currently, this site lies in the Ecoff Elementary School attendance zone: capacity - 838, enrollment - 763; Salem Middle School zone: capacity - 1,112, enrollment - 826; and Bird High School zone: capacity - 1,947, enrollment = 1,803. The enrollment is based on September 30, 2011 and the capacity is as of 2011-2012. 4 12SN0134 JUL25-BOS-RPT There are currently two (2) trailers at Ecoff Elementary, five (5) trailers at Bird High and fourteen (14) trailers at Salem Middle. Most of the trailers at Salem Middle are being used to accommodate the current renovation. However, it is possible that over time this case combined with other tentative residential developments, infill developments and zoning cases in the area will continue to push these schools to their capacity. The previous case was for age restricted housing; however this is proposed to change. Therefore, the 100 units are subject to full cash proffers, to mitigate the impact that this case will have on schools. Libraries: Consistent with Board of Supervisors' policy, the impact of development on library services is assessed county-wide. Based on projected population growth, the Chesterfield County Public Facilities Plan (2004) 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 2004 Public Facilities Plan identifies a need for additional library space in the Chester area. The applicant has failed to fully address the impacts of this request on library facilities. 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 2020. 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. The applicant has not offered measures to fully address the impacts of this proposed development on the infrastructure needs of Parks and Recreation. County Department of Transportation: Area roads need to be improved to address safety and accommodate the traffic increase generated by this residential development. The applicant's request for this residential development is not consistent with the Board of Supervisors' Cash Proffer 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 costs of the improvements needed to accommodate the traffic increases. Without the applicant addressing the traffic impact of the residential development, the Transportation Department cannot support this request. 5 12SN0134 JUL25-BOS-RPT Vir ing is Department of Transportation VDOT~: VDOT has no comment on this immediate request. VDOT does note that the requisite commercial entrances to be proposed for access to the site will be subject to the appropriate access management regulation and will be so reviewed at time of site plan submittal. Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 100 * 1.00 Population Increase 262.00 2.62 Number of New Students Elementary 21.00 0.21 Middle 12.00 0.11 High 16.00 0.15 TOTAL 49.00 0.48 Net Cost for Schools $ ggg 200 $8,942 Net Cost for Parks $ 116,400 $1,100 Net Cost for Libraries $ 34,100 $309 Net Cost for Fire Stations $ 68,600 $709 Average Net Cost for Roads $ 1,749,400 $12,687 TOTAL NET COST $ 2,856,700 $23,747 ` Based on a proffered maximum of 1 00 dwelling units ( Proffered Condition 7 of Ca 07SN0375). The actual number of dwelling units and corresponding impacts may vary. >e The applicant is requesting the age restriction proffer be eliminated and has offered limited measures to address the impact of this development on capital facilities in accordance with the Board of Supervisors' Cash Proffer Policy. There continue to be the following differences between the maximum cash proffer as outlined in the Board of Supervisors' Policy and the applicant's proposal. • Impact on capital facilities for 80 units. The Policy allows the County to assess the impact of all dwelling units in previously approved zoning cases that come back before the Planning Commission and Board of Supervisors using the calculated capital facility costs in effect at the time the case is reconsidered. In this case, cash proffers at the current maximum of $18,966 for all 100 proposed dwelling units would adequately address impact on capital facilities. The applicant continues to offer 6 12SN0134 JUL25-BOS-RPT cash proffers for roads, parks, libraries and fire stations for units in excess of eighty (80) (or twenty (20) units). (Proffered Condition 6 of Case 07SN0375) • Impact on capital facilities with FY2013 maximum cash proffer amount. As stated above, the Policy allows the County to assess the impact of all dwelling units in previously approved zoning cases that come back before the Planning Commission and Board of Supervisors using the calculated capital facility costs in effect at the time the case is reconsidered. The current maximum cash proffer for one dwelling unit is $18,966; under the existing Case (07SN0375) the applicant has offered $10,269 escalated by Marshall and Swift Building Cost Index to $12,800. The $12,800 excludes the Schools' portion of the cash proffer; the FY2007 cash proffer maximum escalated by Marshall and Swift is $19,446. • Impact on Schools. The applicant is requesting the age restriction proffer be eliminated and has offered limited measures to address the impact of this development on capital facilities in accordance with the Board of Supervisors' Cash Proffer Policy. The applicant has proffered $3,009 per unit of this development for school improvements within the service area; this proffer does not fully address the development's impact on school facilities. The current Policy states that each dwelling unit creates a certain impact on capital facilities and does not distinguish between units based on for example, the number of bedrooms or age restriction. To adequately address the development's impact on Schools, it would be appropriate to accept a cash proffer of $7,142 for the Schools' portion on all 100 units (based on the FY2013 calculation for the Schools portion of the maximum cash proffer). While the cash proffer calculation methodology - by policy -does not differentiate between single-family and multi-family units, staff did analyze the number of school age children that could be generated by this request in response to questions raised by the Board of Supervisors. That analysis reveals that on average, projects that predominantly have two (2) or fewer bedrooms generate 0.25 children per dwelling unit. 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 case as proffered would provide $556,900 (from 07SN0375 - $12,800 x 20 units plus from 12SN0134 - $3,009 x 100 units). The case under the current Policy would provide $1,896,600. Staff recommends the applicant fully address the impact of all units on capital facilities. 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 approval of this case without adjusting the cash payment proffered with Case 07SN0375. 7 12SN0134 JUL25-BOS-RPT LAND USE Comprehensive Plan: The subject property is located within the boundaries of the Central Area Plan, which suggests the property is appropriate for community mixed use. Area Development Trends: Surrounding properties to the north, south and west are zoned commercially and are occupied by commercial and office uses or are vacant. Property to the east is zoned Residential Townhouse (R-TH) and is currently vacant. Community-scale commercial and office use with integrated higher density residential use may continue in the area as suggested by the Plan. Zoning History: In 1979 the Board of Supervisors, granted zoning for the Ironbridge mixed use development (Case 78 S 105). A portion of the subject property was included in that zoning. Subsequently, several other zonings and amendments occurred which included portions of the subject property which permitted commercial and office uses, and up to eighty (80) dwelling units limited as "housing for older persons." On October 24, 2007 the Board of Supervisors upon a favorable recommendation from the Planning Commission, approved rezoning of the request property from Neighborhood Business (C-2) to Community Business (C-3) with conditional use approval to permit multi-family residential uses plus conditional use planned development approval to permit multi-family residential uses and exceptions to Ordinance requirements (Case 07SN0375). Conditions of approval addressed road improvements, utilities, impacts on capital facilities, limited density to a maximum of 100 dwelling units and restricted occupancy of dwellings to "housing for older persons." Current Proposal: The subject property may be developed for a maximum of 100 multi-family dwelling units on the eastern portion of request property (Case 07SN0375, Proffered Condition 7). Occupancy of these proposed dwelling units is limited to housing for older persons as defined by the Virginia Fair Housing Law (Case 07SN0375, Proffered Condition 5). The applicant proposes to delete Proffered Condition 5 of Case 07SN0375 to eliminate the occupancy limitation. Proffered Condition 1 would require development to meet specific design criteria for: exterior, roof and foundation materials; recreational amenities; hardscaped driveways; sidewalks; street trees; and landscaping. These proffered conditions are similar to proffered conditions accepted on other multi-family developments. The attached chart 8 12SN0134 JUL25-BOS-RPT provides a few examples of cases where similar proffers have been accepted, ordinance requirements and other recommended standards. CONCLUSION The applicant has not offered measures to 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 are identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. No conditions have been offered in this case to mitigate the impact on capital facilities in accordance with the Board of Supervisors' Policy, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given the foregoing, staff recommends denial of this request. CASE HISTORY Planning Commission Meeting (ll/15/ll): On their own motion and with the applicant's consent, the Commission deferred this case to their January 17, 2012 public hearing. Staff (11/16/11): The applicant was advised in writing that any significant, new or revised information should be submitted no later than November 21, 2011 for consideration at the Commission's January 17, 2012 public hearing. Staff (12/15/11): To date, no new or revised information has been received. Staff (1/12/12): On January 12, 2012 schools submitted revised comments for this case. Specifically, schools comments were modified to provide updated enrollment and capacity numbers. 9 12SN0134 JUL25-BOS-RPT Planning Commission Meeting (1/17/12): The applicant did not accept the recommendation. There was no opposition present. In response to questions from the Commission, School's staff clarified that reported school capacity is functional capacity; that the cumulative impact reported considers other zoned and planned developments in a school district; and, that functional capacity reported for Salem Middle School includes the current renovation. The applicant's representative stated that the proposed amendment is minor and should be reviewed on its own merit to determine impact on school facilities. She added that the schools impacted by this request are not over capacity, and that the County should view a case's impact based on building capacity (not functional capacity) since functional capacity changes based on school programs. The Commissioners agreed that it would be helpful if the "Staffs Request Analysis" included data to clarify cumulative impacts of developments within a given area on schools; that it would be beneficial if the Cash Proffer Policy included definitions of minor and major revisions; that they would like schools to clarify the difference between building and functional capacities; and, that using countywide averages to determine capital facility impacts make modifications to approved cases, as with this case, more complicated. The Commissioners stated that they believed this request is a major modification to the original request, not minor. Mr. Patton and Dr. Brown stated they may have supported the case if the full cash proffer had been offered on the twenty (20) units approved in 2007. On motion of Mr. Patton, seconded by Dr. Brown, the Commission recommended denial of this request. Their motion included a request that staff inform the Board of Supervisors that the Commission would like to review the Cash Proffer Policy in its entirety and make recommendations to the Board for Policy updates and revisions. AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin. Applicant (2/22/12): Additional proffered conditions were submitted. Board of Supervisors' Meeting (2/22/12): The applicant did not accept the Commission's or staff's recommendation. There was opposition present that expressed concerns that no measures had been offered to fully address the impact of the development on capital facilities in accordance with the Board's Policy. 10 12SN0134 JUL25-BOS-RPT The applicant's representative offered that the request should be considered on its own merit; that the case is a minor revision to the previously approved case; and that the schools impacted by this request were not over capacity. She also explained that the recently submitted proffered conditions would limit the number of units with more than two (2) bedrooms and offered cash on those units since studies have revealed that multi- family units with more than two (2) bedrooms are more likely to produce school age children. Since the Board is required to unanimously agree to suspend its rules to consider proffered conditions received after public advertisement of the case, Mrs. Jaeckle motioned for the Board to suspend their rules to consider the proffered conditions. Mr. Elswick seconded the motion. The Board's vote on the motion was not unanimous; therefore, the case was deferred to the Board's March 28, 2012 meeting. AYES: Mrs. Jaeckle and Messrs. Warren, Holland and Elswick. NAYS: Mr. Gecker. Staff (2/23/12): The applicant was advised in writing that any new or revised information should be received no later than February 27, 2012 for consideration at the Board's March 28, 2012° meeting. Staff (3/1/12): To date, no new or revised information has been received. Applicant (3/28/12): The applicant submitted revisions to the proffered conditions. Board of Supervisors' Meeting (3/28/12): On motion of Mrs. Jaeckle, seconded by Mr. Elswick, the Board unanimously agreed to suspend its rules to consider the revised proffered conditions received after public advertisement of the case. The applicant did not accept the Commission's or staff's recommendation. There was opposition present who expressed concerns that the impacts on schools was not being addressed in accordance with the cash proffer policy; that the policy is based on sound county-wide analysis and is fair when uniformly followed; that apartments will likely have more children given the increased interest in apartment living; that funds are needed 11 12SN0134 JUL25-BOS-RPT to expand and build new facilities for the growing school system; and that allowing development without mitigating the impact on public facilities is not good public policy. The applicant's representative stated that the revised proffered conditions would only permit one (1) and two (2) bedroom units and that the Schools portion of the cash proffer offered for units with more than two (2) bedrooms was eliminated. She provided data relative to school attendance from local apartment complexes; offered data to suggest that schools within the attendance boundary for this development would remain below capacity; stated that students are more likely generated from units with more than two (2) bedrooms; and offered two (2) approved cases as examples where reduced cash proffer payments have been accepted. Mrs. Jaeckle stated that apartments with one (1) and two (2) bedrooms are sustainable, especially when part of a mixed use project and that one (1) and two (2) bedroom apartments do not have a negative impact on schools. Mrs. Jaeckle moved to approve the case and accept the revised proffered conditions. The motion was seconded by Mr. Elswick. Mr. Gecker, Mr. Holland and Mr. Warren stated they would not support the proposal Mr. Gecker stated he did not agree that this case was the same as the two (2) cases cited; that there was no mechanism to gain meaningful construction quality controls through enforcement of covenants; and that the cash proffer policy should be followed but that consideration should be given to phasing out the current approach once alternative funding sources are identified for capital facilities. Mr. Warren expressed concerns that both the Commission and staff are recommending denial and that the request seemed to conflict with the statistics Schools staff has provided in regards to impacts on schools. He suggested additional information be provided relative to the impact of apartments on schools. After consulting with her client, the applicant's representative requested a thirty (30) day deferral. On motion of Mr. Warren, seconded by Mrs. Jaeckle, the Board deferred this case to their Apri125, 2012 public hearing. Staff (4/16/12): The applicant was advised in writing that the Board of Supervisors would have to unanimously agree to suspend its rules to consider any new or revised proffered conditions received after April 10, 2012. In addition, the applicant was advised that a $1,000.00 deferral fee must be paid prior to the Board's April 25, 2012 public hearing. 12 12SN0134 JUL25-BOS-RPT Staff (4/16/12): To date, no new or revised information has been received, nor has the deferral fee been paid. Applicant (4/24/12): The applicant submitted revisions to the proffered conditions. Applicant (4/25/12): The deferral fee was paid. Board of Supervisors' Meeting (4/25/12): On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board unanimously agreed to suspend its rules to consider the revised proffered conditions received after public advertisement of the case. AYES: Jaeckle, Elswick, Holland and Warren. ABSENT: Mr. Gecker. The applicant did not accept the Commission's or staff's recommendations. There was opposition present who expressed concerns that the impacts on schools were not being addressed; that the impact of the decision could affect schools countywide; that tax payers will have to pick up the costs for overcrowded schools; that apartments will have children, given the increased interest in apartment living; and that the housing market is improving and should not be considered as justification for this case. In addition, opposition suggested that the case be deferred or remanded to the Commission for consideration of the additional proffers. The applicant's representative stated that the revised proffered conditions would provide quality development standard above those required in the ordinance; that the design standards offered would provide a higher quality development at the entrance to the neighborhood; that this additional investment would result in a sustainable development with along-term benefit of increased revenue from property taxes; that data shows one (1) and two (2) bedroom units generate fewer students; that cash proffer payments alone will not fund schools; and that cash proffers were not meant to fund school maintenance. Ms. Jaeckle stated that she is concerned with the long-term impact of poor quality housing stock; that apartments are in high demand in the market; and that one (1) and two (2) bedroom apartments do not have a negative impact on schools. 13 12SN0134 JUL25-BOS-RPT Mr. Warren stated he was concerned that citizens had not had adequate time to review the revised proffered conditions and would support deferring or remanding the case. Mr. Holland stated he would support remanding the case to the Commission and that he was concerned that there was no quantitative value associated with the design standards offered. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board deferred this case to their May 23, 2012 public hearing. AYES: Jaeckle, Elswick, Holland and Warren. ABSENT: Gecker. Staff (4/26/12): The applicant was advised in writing that any new or revised information should be received no later than April 30, 2012 for consideration at the Board's May 23, 2012 meeting. Staff (5/4/12): To date, no new or revised information has been received. Board of Supervisors' Meeting (5/23/12): On their own motion and with the applicant's consent, the Board deferred this case to their June 27, 2012 public hearing. Staff (5/24/12): The applicant was advised in writing that any new or revised information should be received no later than May 29, 2012 for consideration at the Board's June 27, 2012 meeting. Staff (5/30/12): To date, no new or revised information has been received. 14 12SN0134 JUL25-BOS-RPT Staff (6/21/12): In response to questions from the Board of Supervisors, staff offered additional comments and examples of similar proffered conditions. Board of Supervisors' Meeting (6/27/12): The applicant indicated plans to submit an additional proffer to offer cash towards the impact of the development on schools. On their own motion and with the applicant's consent, the Board deferred this case to their July 25, 2012 public hearing. Staff (6/28/12): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 2, 2012 for consideration at the Board's July 25, 2012 public hearing. Applicant (7/6/12): An additional proffer, Proffered Condition 3, was submitted. 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