13SN0106CASE MANAGER: Darla Orr
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0106
Smith Packett
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October 24, 2012 BS
Midlothian Magisterial District
East line of North Pinetta Drive
Crestwood Elementary, Robious Middle
and James River High Schools Attendance Zones
REQUEST: Amendment of conditional use (Case 03SN0202) to delete a restriction on the
location of parking in Community Business (C-3) and Residential (R-7) Districts.
Specifically, amendments to Proffered Conditions IILA.1. and IILA.3.b.i. are
requested to delete requirements that parking for uses within Tract B be located
south of any building.
PROPOSED LAND USE:
A parking expansion, with a maximum of fifty-eight (58) spaces permitted, is
planned. (Proffered Condition)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. Staff does consider this request a minor modification; however, the request for the
minor modification exceeds the Board's five (5) year time limitation to consider
such requests and deem the previously approved Cash Proffer adequate to address
the capital impacts of this modified development proposal.
B. The requirements for parking areas to be located south of buildings within Tract B
were negotiated to minimize views of parking areas from properties to the north.
Providing a FIRST CHOICE community through excellence in public service
After consideration of public input, should the Commission and Board wish to
approve this request, acceptance of the proffered condition would be appropriate.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITION NOTED "STAFF/CPC" WAS AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITION
(STAFF/CPC) Buildings and parking shall be located as required by Proffered Conditions
IILA.1 and IILA.3.b.i of Case 03SN0202 except as follows:
A maximum of fifty-eight (58) parking spaces to serve nursing,
convalescent, rest homes, group care facilities and multi-family
residential uses shall be permitted to be located generally parallel to
Tract A and north of buildings as shown on Exhibit A prepared by
Balzer and Associates, Inc., dated 7/3/12. Detailed drawings of this
parking shall be submitted to the Planning Department for approval
prior to commencing construction.
(All other conditions of Case 03 SN0202 shall remain in force and effect.)
GENERAL INFORMATION
Location:
The request property fronts the east line of North Pinetta Drive, north of Midlothian
Turnpike. Tax IDs 754-706-1128 and 3718.
Existing Zoning:
C-3 and R-7 with conditional use
Size:
11.5 acres
Existing Land Use:
Multifamily residential use
Adjacent Zoning and Land Use:
North - R-7; Single-family residential or vacant
South and East - C-3; Commercial or vacant
West - R-7 and C-3; Commercial and single-family residential or vacant
2 13SN0106-OCT24-BOS-RPT
UTILITIES AND ENVIRONMENTAL ENGINEERING
This request will not impact 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 Adopted Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
Fire Service:
The Buford Fire Station, Company Number 9, and Forest View Volunteer Rescue Squad
currently provide fire protection and emergency medical service (EMS). This request will
have a minimal impact on Fire and EMS.
Libraries:
This request will not impact library facilities.
Schools:
There is no change to the number of dwelling units because the proposed amendments
would affect the location of parking only. The existing zoning limits the development to a
maximum of 330 dwelling units. While an age restriction was approved to limit
occupancy of the units to "housing for older persons," based on the Cash Proffer
methodology this development would yield 162 students (Elementary: 69, Middle: 40,
High: 53). Currently, this site lies in the Crestwood Elementary School zone: capacity -
628, enrollment - 554; Robious Middle School zone: capacity - 1,364, enrollment -
1,326; and James River High School zone: capacity - 2,041, enrollment - 2,037. The
enrollment is based on September 30, 2011 membership and the capacity is as of the
2011-2012 school year. There are currently four (4) trailers at Crestwood Elementary,
fifteen (15) trailers at Robious Middle, and two (2) trailers at James River High.
Over time this case, combined with other tentative residential developments, infill
developments and zoning cases in the area, will continue to push elementary and
secondary schools near and/or beyond their capacity.
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 Public
Facilities 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
3 13SN0106-OCT24-BOS-RPT
identifies the need for linear parks and resource based special purpose parks [historical,
cultural and environmental] and makes suggestions for their locations. The Plan also
addresses the need for addition of recreational facilities to include sport fields, trails,
playgrounds, court games, senior centers and picnicking area/shelters at existing parks to
complete build-out. The Plan identifies the need for water access and trails along the
James and Appomattox Rivers and their major tributaries, Swift and Falling Creeks. Co-
location with middle and elementary schools is desired. This request will have a minimal
impact on Parks facilities.
Impact on Capital Facilities:
Per Dwelling Unit
Potential Number of New Dwelling Units 330 1.00
Population Increase 864.60 2.62
Number of New Students
Elementary 70.56 0.21
Middle 37.69 0.11
High 50.34 0.15
Total 158.59 0.48
Net Cost For Schools $ 2,950,860 $ 8,942
Net Cost for Parks $ 363,000 $ 1,100
Net Cost for Libraries $ 101,970 $ 309
Net Cost For Fire Stations $ 233,970 $ 709
Average Net Cost Roads $ 4,186,710 $ 12,687
Total Net Cost $ 7,836,510 $ 23,747
*Based on proffered density of a maximum of 330 units (Proffered Condition HLA.3.c.i. of Case
03 SN0202).
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 $23,747 per unit. The applicant has been advised that a maximum Cash Proffer of
$18,966 per unit would defray the cost of the capital facilities necessitated by this proposed
development.
The original case was approved in May 2003 with Cash Proffers in the amount of $2,168 per unit
for roads, parks, libraries and fire stations (adjusted upward by the Marshall and Swift Building
Cost Index, amount is currently $3,438). The case did not include the schools portion of the
proffer. The dwelling units were proffered to be age restricted. To date, Cash Proffers have been
paid on 139 of the 330 approved dwelling units.
The Cash Proffer 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
4 13SN0106-OCT24-BOS-RPT
(Section A.9. of the Cash Proffer Policy). It is appropriate to accept the maximum Cash Proffer
of $18,966 on all remaining dwelling units (currently 191) regardless of age restriction.
The Cash Proffer Policy also allows a rezoning application within five (5) years of the original
case's approval to be evaluated to determine if the application constitutes a minor modification.
If so, the Board of Supervisors may determine that the previously accepted Cash Proffer amount
adequately addresses the capital impacts of the modified development proposal (Section B.6.).
The original case was approved in 2003.
Should the Board of Supervisors find that the conditions of the application outweigh the Policy
issue relative to minor modifications being limited to a five (5) year time frame; the Board's
Cash Proffer Policy does allow the Board to accept a Cash Proffer less than the current
maximum. The amended proffered conditions do improve the overall manner in which this
property must be developed. Accordingly, the Board of Supervisors, through their consideration
of this request, may determine that there are unique circumstances relative to this request that
may justify the acceptance of a lesser Cash Proffer than today's maximum.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Northern Area Plan, which
suggests the property is appropriate for general commercial use and medium density
residential use of 1.51 to 4.0 units/acre.
Area Development Trends:
Area properties are zoned residentially and commercially are occupied by single and
multifamily residential use, commercial use or are vacant. It is anticipated that a mix of
commercial, office and residential use will continue in the area, as suggested by the Plan.
Zoning History:
On April 24, 1974 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning on a 13.2 acre northern portion of the request
property from Residential (R-7) to Community Business (B-2) (Case 74-26). This
approval was subject to a condition requiring a 100 foot buffer between the lots that front
on Brucewood and North Pinetta Drives and the north side of the request property.
On May 29, 2003 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, granted conditional use approval to permit a mixed use project
including a maximum of 330 multifamily residential dwellings and office and
commercial uses in a Community Business (C-3) District (Case 03 SN0202) plus
proffered conditions on an adjacent tract zoned Residential (R-7). Approval was granted
subject to a variety of conditions that allowed a mix of uses located according to a zoning
plan (Exhibit B), limited uses, provided for buffers and screening, and addressed building
5 13SN0106-OCT24-BOS-RPT
and parking placement south of buildings to reduce visibility of parking from residential
uses to the north. With this request the applicant is seeking relief to the requirement that
parking must be located south of the buildings.
Architecture and Development Standards:
The request property is planned for development as part of a mixed use project including
multifamily residential and Corporate Office (O-2) uses. The Zoning Plan (Exhibit B)
approved with Case 03SN0202 divides the property into three (3) tracts of development. A
maximum of 330 multifamily dwelling units could be developed on Tracts B or C. Tract A
was included to use to calculate density for residential multifamily residential uses on Tracts
B and C. Within Tract A, the requirement fora 100 foot buffer along the northern property
boundary adjacent to the established single-family would remain and landscaped in
accordance with ordinance requirements for 100 foot buffers. Tract B would also permit
nursing, convalescent and rest home use and group care facilities. Limited Corporate Office
(O-2) uses are permitted with Tracts B and C.
The request property lies within a Post Development Area. Except as approved with Case
03SN0202, development of these uses must conform to the requirements of the ordinance
which address access, parking landscaping architectural treatment, setbacks, signs, buffers,
utilities and screening of dumpsters and loading areas.
The architectural treatment of buildings, including materials, color and style, must be
compatible with buildings located within the same project. Compatibility may be achieved
through the use of similar building massing, materials, scale, colors and other architectural
features. Based upon current ordinance standards, within Post Development Areas, no
building exterior that would be visible to public rights-of--way can be constructed of
unadorned concrete, block or corrugated and/or sheet metal.
Further, any multifamily structure must comply with standards within the Zoning
Ordinance that require buildings within Residential Multifamily (R-MF) Districts to be
designed to impart harmonious proportions and to avoid monotonous facades or large
bulky masses. In addition, buildings should possess architectural variety but enhance an
overall cohesive residential character, with character achieved through the creative use of
design elements such as balconies and/or terraces, articulation of doors and windows,
sculptural or textural relief of facades, architectural ornamentation, varied roof lines or
other appurtenances such as lighting fixtures and/or planting. Staff approves building
designs during plans review. The applicant has not proffered additional architectural
standards with this request.
Current Proposal:
In an effort to minimize views of parking areas serving any multifamily buildings containing
more than four (4) units, proffered conditions of Case 03SN0202 restrict buildings with
more than four (4) units to a maximum of two (2), to be located generally parallel to Tract A
(Exhibit B) with parking areas located south of buildings. This building/parking orientation
6 13SN0106-OCT24-BOS-RPT
does not apply to such uses if they are located within 400 feet of Midlothian Turnpike
(Proffered Condition IILA.3.b.i. of Case 03SN0202). Similar restrictions are applicable for
any nursing, convalescent, rest homes and group care facilities.
With this request, the applicants seek approval to permit a maximum of fifty-eight (58)
parking spaces to serve nursing, convalescent, rest homes, group care facilities and
multifamily residential uses to be located generally parallel to and south of Tract A, as
shown on Exhibit A prepared by Balzer and Associates, Inc. dated July 3, 2012. The
Proffered Condition offered with this case would require detailed drawings of this parking to
be submitted to the Planning Department for approval prior to commencing construction.
CONCLUSION
The proposed modifications would relieve restrictions that parking must be south of buildings for
a maximum of fifty-eight (58) parking spaces within Tract B. These limitations were negotiated
with area property owners during consideration of Case 03 SN0202 to minimize views of parking
areas. After consideration of public input, should the Commission and Board wish to approve
this request, acceptance of the proffered condition would be appropriate.
Should the Commission and Board find that the 2003 approved conditions outweigh the Policy
issue relative to minor modifications being limited to a five (5) year time frame; the Board's
Cash Proffer Policy does allow the Commission and Board to accept a Cash Proffer less than the
current maximum. Accordingly, the Commission and Board, through their consideration of this
request, may justify the acceptance of a lesser Cash Proffer than today's maximum.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/18/12):
The applicant's representative accepted the recommendation. There was no opposition
present.
On motion of Mr. Waller, seconded by Mr. Patton, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, October 24, 2012 beginning at 6:30 p.m., will take
under consideration this request.
7 13SN0106-OCT24-BOS-RPT
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