13SN0114
CASE MANAGER: Robert Clay
September 18, 2012CPC
October 24, 2012 BS
STAFF’S
BSTime Remaining:
REQUEST ANALYSIS
365days
AND
RECOMMENDATION
13SN0114
Harvest Glen LandHolding, LLC
Clover HillMagisterial District
Gordon Elementary; Midlothian Middle; and Monacan High SchoolAttendance Zones
West line of Courthouse Road
REQUEST:Amendment of conditional use planned development (Case 04SN0225) relative to
density,in aResidential Multifamily (R-MF) District.
PROPOSED LAND USE:
A multifamily condominium and cluster residential development containing a
maximum of four (4) units per acre and yielding approximately 158 dwelling
units is currently being developed on the property. The proposed amendment
would add four (4) additional units to thisdevelopment.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES2AND 3.
STAFF RECOMMENDATION
Recommends approvalfor the following reasons:
A.Staff does consider this request to be a minor modification; however, the request
for minor modifications 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 proposal will add only another four (4) units to the existing development
while retaining the existing design standards.
C.The land uses conform to the Northern Courthouse RoadCommunity Plan, which
suggests the property is appropriate for office/residential mixed and
conservation/recreation uses.
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D.The proffered conditions adequately address the impacts of these additional units
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 areidentified in the Public Facilities Plan, the Thoroughfare Plan
and the Capital Improvement Program, and the impact of this development is
discussed herein. The proffered conditions mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting
the health, safety and welfare of County citizens.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S)MAY
PROFFER CONDITIONS. CONDITIONS NOTED “STAFF/CPC” WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC)1.Density. Density shall not exceed four point seven one (4.71)
dwelling units per acre. (P)
(NOTE: This condition supersedes Proffered Condition B.1. of
Case 04SN0225.)
(STAFF/CPC)2.Impact on Capital Facilities. The applicant, sub-divider, or
assignee(s) shall pay the following,for all units in excess of 154,
for infrastructure improvements within the service district for the
property to the County of Chesterfield prior to the issuance of
building permit per dwelling unit; provided, however, that for the
period from July 1, 2011, to June 30, 2017, the applicant, sub-
divider, or assignee(s) shall pay the following to the county of
Chesterfield immediately after completion of the final inspection:
a.$18,966.00 per dwelling unit, if paid prior to July 1, 2013.
At the time of payment, the $18,966.00 will be allocated
pro-ratedamong the facility costs as follows: $878.00 for
parks and recreation, $247.00 for library facilities;
$10,133.00 for roads, $7,142.00 for schools, and $566.00
for fire stations; or
b.The amount approved by the Board of Supervisors not to
exceed $18,966.00 per dwelling unit pro-rated as set forth
above and adjusted upward by any increase in the Marshall
and Swift building cost index between July 1, 2012, and
July 1 of the fiscal year in which the payment is made if
paid after June 30, 2013.
c.In the event the cash payment is not used for which
proffered within 15 years of receipt the cash shall be
returned in full to the payer.
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d.Should any impact fees be imposed by Chesterfield County
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 amanner determined by the County.
(B&M)
(NOTE:This condition is in addition to Proffered Condition 20 of
Case 04SN0225.)
GENERALINFORMATION
Location:
The request property is locatedon the west line of Courthouse Road, across from
Kewbridge Court. Tax IDs 744-698-1472 and 4194; and 744-699-1834, 2505, 3310 and
6727.
Existing Zoning:
R-MF with conditional use planned development
Size:
33.6acres
Existing Land Use:
Multifamily residential
Adjacent Zoning and Land Use:
Northand South –A; Single-family residential, public/semi public (church) or vacant
East–R-15, R-MF with conditional use planned development, and A; Single-family
residential
West–R-9; Single-family residential
UTILITIES
Public Water System:
The site is located within the Pocono water pressure zoneandis served by eight (8) inch
water linesin Lantern Way and Kernel Court.Connection to the public water system is
required by county code.
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Public Wastewater System:
The request site is located within the Falling Creek sewer service areaandis served by eight
(8) inch wastewater lines in Lantern Way and Kernel Court.Connection to the public
wastewater system is required by county code.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
The needsfor schools, parks, libraries, fire stations and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan,Thoroughfare Planand Capital
Improvement Programand further detailed by specific departments in the applicable sections of
this request analysis.
Fire Service:
The2004Public Facilities Planindicates 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 Planalso recommends the expansion of five (5)
existing stations.
Based on four (4) new dwelling units, this request will generate approximately one (1)
call for fire and emergency medical service each year. The applicant has addressed the
impact on fire and EMS. (Proffered Condition 2)
The Courthouse Fire Station, Company Number 20, 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:
The proposed amended rezoning case would yield an additional four (4)units to the 158
units previously approved. Based on the Cash Proffer methodology, this proposed
development would yield two (2)new students (Elementary: 1, Middle: 0, High: 1).
Currently,this site lies in the Gordon Elementary School zone: capacity –740,
enrollment –686; Midlothian Middle School zone: capacity –1,257, enrollment –1,163;
and Monacan High School zone: capacity –1,674, enrollment –1,363. The enrollment is
based on September 30, 2011 membership and the capacity is as of the 2011-2012 school
year.
This is in addition to the 158 units previously approved by Case 04SN0225 which yielded
seventy-seven (77)new students (Elementary: 33, Middle: 19, High: 25). Therefore, the
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entire development would yield 162 units for a total of seventy-nine (79)new students
(Elementary: 34, Middle: 19, High: 26).
After review of this request, the proposed zoning case will have minimal impact on the
aforementioned schools involved. The elementary and secondary school students
generated by the proposal would sustain enrollment under capacity at each school. There
are currently seven (7) trailers at Midlothian Middle and one (1) trailer atMonacan 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 to their capacity. Therefore, the aforementioned units should be
subject to full Cash Proffers, to mitigate the impact that this proposed amended case
would have on schools.
The applicant has offered measures to address the full impact of the additional units.
(Proffered Condition 2)
Libraries:
This development could impact the existing LaPrade,Clover Hill, or Midlothian Library.
The Public Facilities Planidentifiesa need for additional library space in this area of the
County and a new Reams-Gordon branch library has been proposed for this vicinity.
The applicant has offered measures to assist in addressing the impact of the four (4)
additional units. (Proffered Condition 2)
Parks and Recreation:
The Public Facilities Planidentifies 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 Planidentifies a need for 354 acres of regional park space, 252 acres of
community park space and 199acres of neighborhood park space by 2020. The Planalso
identifies the need for linear parks and resource basedspecial purpose parks (historical,
cultural and environmental) and makes suggestions for their locations. The Plan
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. In addition, the Planidentifies 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.
The applicant has offered measures to address the impacts of developmentof four (4)
additional unitson parks andrecreation facilities.(Proffered Condition 2)
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County Department of Transportation:
The applicant is requesting to modify Proffered Condition 1 of Case 04SN0225 to permit
four (4) additional units to be developed on this property. The traffic impact ofthese four
(4) additional units will be minimal.
Virginia Department of Transportation(VDOT):
This request will have no impact on these facilities.
Fiscal Impacts on Capital Facilities:
Per Dwelling
Unit
Potential Number of New Dwelling Units1581.00
Population Increase413.962.62
Number of New Students
Elementary33.780.21
Middle18.050.11
High24.100.15
Total75.930.48
Net Cost For Schools$ 1,412,836 $8,942
Net Cost for Parks$ 173,800 $ 1,100
Net Cost for Libraries$ 48,822 $ 309
Net Cost For Fire Stations$ 112,022 $ 709
Average Net Cost Roads$ 2,004,546 $ 12,687
Total Net Cost$ 3,752,026 $ 23,747
*Based on an assumed maximum yield of 4.71unitsper acre (Proffered Condition 1). The actual
number of units and corresponding impact may vary.
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 $23,747per 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 (04SN0225) was approved in 2004 with Cash Proffers in the amount of $6,199
per dwelling unit (adjusted upward by the Marshall and Swift Building Cost Index, amount is
currently $9,589), which was below the approved maximum for fiscal year 2005 of $11,500.The
original case included an area of 39.6 acres and was approved with a maximum density of four
(4) units per acre, which would have yielded a total of 158 dwelling units. The current case
includesa 33.57acre subsection of the original area. The applicant is requesting to increase the
density in this subsection from four (4) to 4.71 dwelling units per acre, which could result in four
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(4) additional dwelling units, bringing the expected yield of the subsection to 158 and the
potential yield of the entire area (Cases04SN0225 and 13SN0114) to 182.
The applicant has proffered the maximum of $18,966 for the additional four(4)units that would
be generated by the increased density in the subsection; this proffer sufficiently addresses the
impact of the additional four(4)dwelling units on capital facilities. However, 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 the Board of Supervisors using the
calculated capital facility costs in effect at the time the case is reconsidered. It is appropriate to
accept the maximum Cash Proffer of $18,966 for each of the previously approved dwelling units
within the subsection as well as the four (4) new units.
Should the Board of Supervisors find that the conditions of the application outweigh the Policy
issues;the Board’s Cash Proffer Policy does allow the Board to accept a Cash Proffer less than
the current maximum. 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 acceptance of proffers as offered for this case.
LANDUSE
Comprehensive Plan:
The subject property is located within the boundaries of the Northern Courthouse Road
Community Plan, which suggests the property is appropriate for office/residential mixed
and conservation/recreation uses.
Area Development Trends:
Properties to the north and south are currently zoned Agricultural (A) and are developed
for residential, public/semi-public (church) uses or are vacant. Properties to the east are
zoned Residential (R-15), Multifamily Residential (R-MF) and Agricultural (A) and are
developed as part of the Heatheridge and Lake Crystal Farms subdivision developments,
or are occupied by single-family residences on acreage parcels. Property to the west has
been developed for single-family residential uses in the Monacan Hills subdivision. It is
anticipated a mix of office and residential uses will continue along this portion of the
Courthouse Road corridor, as suggested by the Plan.
Zoning History:
On August 25, 2004 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning to Multifamily Residential (R-MF) with
conditional use planned development on the subject property (Case 04SN0225). With the
approval of Case 04SN0225 a maximum of 158 dwelling units were approved, based
upon a proffered density of four (4)dwelling units per acre.Since approval of Case
04SN0225 a portion of the acreage (and some dwellings) has been removed from the
development, reducing the number of dwellings allowable on the remaining property to
154. The applicant is proposing an additional four (4) dwelling units on this acreage.
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Site Design:
The Zoning Plan and development standards approved with Case 04SN0225 would
remain in effect with the approval of this case and would still apply to any additional
development on the property.
CONCLUSIONS
Staff does consider this request a minor modification; however, the request for minor
modifications 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.
However, the proposal will add only another four (4) units to the existing development while
retaining the existing design standards. In addition, the land uses conform to the Northern
Courthouse Road Community Plan, which suggests the property is appropriate for
office/residential mixed and conservation/recreation uses.
The proffered conditions adequately address the impacts of these additional units on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the
needs for roads, schools, parks, libraries and fire stations areidentified in the Public Facilities
Plan, the Thoroughfare Planand the Capital Improvement Program, and the impact of this
development is discussed herein. The proffered conditions mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
Given these considerations, approvalof this request is recommended.
______________________________________________________________________________
CASE HISTORY
______________________________________________________________________________
PlanningCommission Meeting (9/18/12):
The applicant’s representative accepted the recommendation. There was no opposition
present.
On motion of Mr. Gulley, seconded by Dr. Wallin, the Commission recommended
approval and acceptance of the proffered conditions onpages 2 and 3.
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.
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