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02SN0307-Sept18.pdfSeptember 18, 2002 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 02SN0307 King Properties, Inc. Bermuda Magisterial District North line of Rivers Bend Boulevard REQI IF, ST: Amendment of Conditional Use Plarmed Development (Case 95SN0109) relative to impact on capital facilities. Specifically, the applicant wishes to reduce the amount of cash previously offered to address the impact of any remaining or new units in this development on capital facilities. PROPOSED I~AND 1JRE: Multi-family residential uses are planned. PT,ANN1NG C©MMTS~ION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. AYES: MESSRS. GECKER, CUNNTNGHAM, GULLEY AND STACK. NAY: MR. LITTON. STAFF RECOMMENDATION Recommend denial tbr the following reason: The proffered conditions do not address the impacts of this development on necessary school ihcilities, as outlined in the Zoning Ordinance and the Comprehensive Plm~. Specifically, the need fbr school facilities is identified in the County's Ca?al Improvement Program and the impact of this development on these facilities is discussed herein. The proffered conditions do not adequately mitigate the impact on school Providing a FIRST CHOICE Community Through Excellence in Public Service. facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: THE PROPERTY oWNER 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.) PR OFFRR F.D CON DITIONS The property owners and applicant in this rezoning case, 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, proffer that the property under consideration 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 owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffers shall immediately be null and void and of no further force or effect. (CPC) (~a~h Pr{nfl'er. The applicant, subdivider, or his assignee(s) shall pay' $4,000.00 per dwelling unit, adjusted upward by any Board of Supervisor approved increase in the Marshall and Swift Building Cost Index between July 1, 2001, and July 1 of the fiscal year in which the payment is made, to the County of Chesterfield, prior to the time of issuance of a building permit for infrastructure improvements within the service district for the Property'. At the time of payment, the $4,000.00, as adjusted, will be allocated pro-rata among the facility costs as calculated annually by the County Budget Department in accordance with the fbllowing proportions: $731 for schools, $2,403 tbr roads, $473 for parks, $162 for library facilities, and $231 tbr fire stations. If any of the cash proffers are not expended tbr the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. 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 be in addition to, any impact fees in a manner as determined by the County. (B & M) (Staff Note: The first 250 dwelling units that have already been constructed on the request property are subject to Proltbred Condition C. of Case 95SN0109 and are counted toward the overall total of 659 dwelling units allowed without paying a cash proffer in accordance with Case 95SN0109. Units constructed on this request property in excess of 250 units are subject to the proffered condition above and will not be included toward the 659 units allowed without paying a cash proffer.) 2 02SN0307-SEPT18-BOS (CPC) 2. For any dwelling units in excess of 250, a minimum of fifty-eight (58) percent of the units shall have a maximum of two (2) bedrooms and one (1) bath with a ma×imam square footage of 970 square feet. (P) GENERAl INFORMATION l,ocation: Northeast quadrant of Pdvers Bend Boulevard and Kingston Avenue. Tax iDs 817-656-Part of 5855 and 818-657-0208 (Sheet 27). Existing Zoning: C-2 with Conditional Use Planned Development 32.0 acres Exisling T .and 11se: Multi-family residential or vacant Adjacent Zoning and l,nnd 1 lse: North - R- 15 with Conditional Use Plmmed Development; Single fmnily residential South - I-1 with Conditional Use Planned Development; Industrial East - R-15 and I-2 with Conditional Use Plaaned Development; 1-295 Right-of-Way or vacant West -R-15 and C-2 with Conditional Use Planned Development; Single family residential, commercial or vacant I JTII JTIES AND ENVIRONMENTAI, The proposed amendment will have no impact on these li~cilities. PI ~BT ,lC F A CIT ,TTIES Fire ~eWJCe: The Enon Fire Station, Company Number 6 and Bensley-Bermuda Volunteer Rescue Squad currently provide fire protection and emergency medical service to this area. Construction of the Rivers Bend Fire Station is expected to begin in September of 2003. The Rivers Bend Fire/Rescue Station, Company Number 18 is planned to provide service to this area by the end of 2004. 3 02SN0307-SEPT18-BOS While the applicant proposes to reduce the amount of cash offered to offset the impact on capital facilities, the amendment continues to fully address the impact on fire and emergency services facilities consistent with the approval of Case 95 SN0109. Sc~h~mls: This site lies in the M. Christian Elementary School attendance zone: capacity - 775, enrollment - 868; Carver Middle School zone: capacity - 1,200, enrollment - 1,277; and Thomas Dale High School zone: capacity - 1,650, enrollment - 1,791. There are currently seven (7) trailers at M. Cttristian Elementary School. This request will have an impact on area schools. While the applicant proposes to reduce the amom~t of cash offered to offset the impact on capital facilities, the amendment does not fully address the impact on school facilities consistent with the approval of Case 95 SN0109. l,ihraries: The P~hlic Far:ilities Plan identifies a need for additional library space in this part of the County. Development would most likely affect the Enon Library. While the applicant proposes to reduce the amount of cash offered to offset the impact on capital t~tcilities, the amendment continues to fully address the impact on library services consistent with the approval of Case 95 SN0109. Parks and Recreation: The Public Facilities Plan identifies the need lbr lbur (4) new regional parks. In addition, there is currently a shortage of community park acreage in the County. The Pnblic Facilities Plan identifies a need for 625 acres of regional park space and 116 acres of community park space by 2015. The Plan also identifies the need for neighborhood parks and special purpose parks and makes suggestions for their locations. While the applicant proposes to reduce the amount of cash offered to offset the impact on capital facilities, the amendment continues to fully address the impact on parks and recreational facilities consistent with the approval of Case 95 SN0109. Transportation In 1988, the Board of Supervisors approved rezoning on 973 acres, generally located in the northwest quadrant of the East Hundred Road (Route 10)/Interstate 295 interchange, for development ora mixed use project, Rivers Bend (Case 87S039). In 1997~ the Board approved another rezoning on the majority of the original Rivers Bend Project (838 acres) relative to uses, land use mix and development standards (Case 95SN0109). With the approval of Case 95SN0t 09, the Board accepted transportation related proffers, including conditions that establish a maximum density of development, and provide for fight of 4 02SN0307-SEPT18-BOS way dedications, access controls and road improvements. The subject property, consisting of approximately thirty-two (32) acres, was included in Case 95SN0109. Based on the approved density, the 838 acres could generate approximately 26,200 average daily trips. Primary- access to the Rivers Bend project is provided via Kingston Avenue, Rivers Bend Boulevard, Meadowville Road and Route 10. In conjunction with development of the Rivers Bend project, Kingston Avenue and Rivers Bend Boulevard were constructed to handle the anticipated traffic volumes. Both Meadowville Road and Route 10 need to be improved. Meado~wille Road, from Route 10 to Rivers Bend Boulevard, has approximately twenty-one (21) foot wide pavement with no shoulders. The 2001 traffic volumes along the section of Route 10 from Interstate 95 to Interstate 295 range from 44,000 to 54,000 vehicles per day. This volume exceeds the capacity of the road, and drivers typically experience congestion, especially during peak periods. Route 10 from Interstate 95 to the Meadowville Road/Old Bermuda Hundred Road intersection is identified as a priority on the Board of Supervisors' list of highway needs. Construction plans have been approved for widening this section of Route 10. The approved construction plans include reconstruction of Meadowville Road from Route 10 to Rivers Bend Boulevard to a two (2) and four (4) lane typical section. No funds are included in the Virginia Departmenl r~f Transp~rtation .qix-Year Improvement Program for right of way acquisition or construction of this project. As noted, the Board accepted proffered conditions to assist in mitigating the traffic impact of the Rivers Bend project. In addition to the construction of specific road improvements, a proffered condition requires the developer to contribute cash towards infrastructure improvements for each dwelling unit constructed in excess of 659 units (Condition C. of Case 95SN0109). Development of the 838 acres is anticipated to exceed 659 units. Part of the subject property has been developed for apartments. While the applicant proposes to reduce the amount of cash offered to offset the impact on capital facilities, the amendment continues to fully address the impact on transportation i:acilities consistent with the approval of Case 95SN0109. Fiscal lrnpact~: With approval of Case 95 SN0109 the Board of Supervisors accepted a cash proffer that is currently $5,782 per dwelling unit for those units built in excess of 659. This application does not change the number of allowable dwelling units from that currently allowed under Case 95SN0t09. Additionally, ';his request does not result in any change in the overall impact of capital facilities ikom that determined in Case 95 SN0109. Specifically, this case does not result in a decrease in the impact of the development on transportation facilities as discussed herein. The applicant is requesting an amendment to the cash proffer to eliminate the schools component. The requested amended amount of $4,000 per dwelling unit is consistent with the proffer accepted with the approval of Case 95SN0109 with the exception of the schools component (Proffered Condition 1). Accordingly, the County's ability to provide 5 02SN0307-SEPT18-BOS adequate school facilities to its citizens will be adversely impacted. Staff is not supportive of the request. The Planning Commission and the Board of Supervisors, through their consideration of this request, may deternfine that there are unique circumstances relative to this case that may justifiy acceptance of proffers below' the value of the maximum acceptable amount. ,AND Comprehensive Plan: Lies within the boundaries of the Eagtern Are,q 1,and II~e and Tran?ortation Plan, which suggests the property is appropriate for medium/meditun high-density residential use of 1.51 to 7.0 units per acre. In addition, the Plan suggests the request property and surrounding area is appropriate for large-scale plan of development. Zoning History: On September 28, 1988, the Board of Snpervisors, upon a favorable recommendation by the Planning Commission, approved rezoning with a Conditional Use Planned Developmem to permit a mixed-use development on 972.5 acres, which included the request property. (Case 87S039, Rivers Bend) On August 23, 1989, the Board of Supervisors approved an amendment to Case 87S039 relative to use of public water and sewer on the request property and other property in the Rivers Bend mixed use project. (Case 89SN0264) On February 28, 1990, the Board of Supervisors, upon a favorable recormnendation from the Planning Commission, approved an amendment to Cases 87S039 and 89SN0264 relative to signage. (Case 90SN0128) On October 26, 1994, the Board of Supervisors, upon a favorable recorarnendation from the Planning Commission, approved a rezoning with Conditional Use Planned Development on the request property and adjacent property in the Rivers Bend mixed use development (Case 95SN0109). In conjunction with that case, the Board accepted proffered conditions which addressed the impact of residential dwelling units on capital facilities. CONCI J JSION.q The proffered conditions do not adequately address the impacts of this development on necessary school facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need for school facilities is identified in the County's Capital lmprovemen~ Program and the impact of this development on these facilities is discussed herein. The proffered conditions do not adequately mitigate the impact on school facilities, thereby insuring adequate service levels are maintained and protecting the health, safety m~d welfare of County citizens. 6 02SN0307 -SEPT 18-BOS Given these considerations, denial of this request is recommended. CASE HISTORY Applicant (8/19/02): Revised Proffered Condition 1 was submitted. Planning Cormnission Meeting (8/20/02): The applicant did not accept staff's recommendation, but did accept the recommendation of thc Planning Commission. There was no opposition present. The applicant presented statistics of the average number of school children generated per dwelling milt at the existing project. After discussion, the applicant submitted an additional proffered condition to limit the number of dwelling units having more than one (1) bedroom and hence further limiting the potential number of school children. On motion of Mr. Cunningham, seconded by Mr. Litton, the Cmmnission recommended approval of this request and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Gecker, Cunningham, Gulley and Stack. NAY: Mr. Litton. The Board of' Supervisors, on Wednesday, September 18, 2002, begimling at 7:00 p.m., will take under consideration this request. 7 02SN0307-SEPT18-BOS