13SN0511CASE MANAGER: Jane Peterson
BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SNOS ll
Riverstone Properties LLC
1
April 24, 2013 BS
Clover Hill Magisterial District
Evergreen Elementary, Tomahawk Creels Middle, and
Midlothian High Schools Attendance Zones
Off the northern terminus of Brandermill
Parkway, north of Old Hundred Road
REQUEST: Rezoning from Corporate Office (O-2) to Residential Multifamily (R-MF).
PROPOSED LAND USE:
Incorporation of the request property into an adjacent residential multifamily
project to the west (commonly known as Centerpointe) is proposed to
accommodate access to Brandermill Parkway Extended. This request would allow
dwelling units currently permitted in Centerpointe to spread over the request
property; however, no additional dwelling units would result from the inclusion of
the request property into the adjacent Centerpointe development. (Proffered
Condition 2)
PLANNING COMMISSION RECOMMENDATION
THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR
MEETING ON APRIL 16, 2013. STAFF WILL ADVISE THE BOARD OF THE
COMMISSION'S ACTION AFTER THEIR MEETING.
RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Comprehensive Plan, which
suggests the property is appropriate for Regional Mixed use.
B. The proposed zoning and land uses are representative of and compatible with
existing and anticipated area development.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
C. The applicant has not addressed the impacts on capital facilities for the dwelling
units that could potentially be "spread" onto the request property. While the
Board of Supervisors' Cash Proffer Policy does not provide credit for transfer of
allowable units from other properties, proffered conditions limit density such that
no additional dwelling units will result from this rezoning.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS.)
PROFFERED CONDITIONS
The Owners and Developer (the "Owners") in this zoning case, pursuant to § 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 development of
the Property known as Chesterfield County Tax Identification Number part of 724-693-
7453 (previously known as a 3.74 acre part of 725-693-4240 and now merged with
Chesterfield County Tax Identification Number 724-693-7453) (the "Property") under
consideration will be developed according to the following conditions if, and only if, the
rezoning request for R-MF and the Conditional Use Planned Development ("CUPD") is
granted. In the event the request is denied or approved with conditions not agreed to by
the Owners, the proffers shall immediately be null and void and of no further force or
effect.
L Multifamily Residential Units. The request property (Parcel A) shall only be
developed for multifamily uses if incorporated into an overall multifamily
development plan with Tax ID's 724-693-Part of 7453 and/or 724-694-Part of
6373 (Parcels B and C), as shown on the attached plat, titled "Riverstone
Properties LLC, Rezoning of 3.7 Acres to R-MF," dated April 4, 2013, and
prepared by Adena M. Patterson, McGuire Woods LLP (Exhibit A). (P)
2. Density. The Property shall not be used for the purpose of increasing the
development density beyond that permitted on Parcels B and C by conditions of
Case 88SN0059. (P)
3. Road Improvements. Prior to the issuance of an occupancy permit for the
Property, the Owner shall constrict atwo-lane road for the extension of
Brandermill Parkway based on VDOT Urban Minor Arterial standards (50 mph),
with modifications approved by the Transportation Department, from the northern
terminus of Brandermill Parkway to the northern boundary of the Property. The
Owner shall dedicate to Chesterfield County, free and unrestricted, any additional
right-of--way (or easements) required for the improvement. (T)
4. Timbering Management. For the purpose of enhancing the health and viability of
the forest, under the supervision of a qualified forester, timbering management
will only be allowed upon the submission and approval of the appropriate forest
management plan to include, but not limited tq erosion control, Chesapeake Bay
2 13SNO ~ 11-_~PR24-B( )S-RPT
Act/wetland restrictions, and the issuance of a land disturbance permit by the
Environmental Engineering Department. Any other timbering shall be
incorporated into the site development erosion and sediment control
plan/narrative as the initial phase of infrastnicture constriction and will not
commence until the issuance of the actual site development land disturbance
permit. (EE)
GENERAL INFORMATION
T ncati nn
The request property is located off the northern terminus of Brandernull Parkway, north of
Old Hundred Road. Tax ID 724-693-Part of 7453 (previously known as Tax ID 725-693-
Part of 4240).
Existing Zoning:
O-2 with conditional use planned development
Size
3.7 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North and West - R-7 with conditional use planned development; Vacant
South and East - O-2 with conditional use planned development; Office or vacant
UTILITIES
Public Water System:
The request site is located within the Clover Hill water pressure zone. There is a twelve
(12) inch water line extending along Brandermill Parkway approximately 230 feet south
of the request site. Connection to the public water system is required by County code. It
is recommended that this site be incorporated into the overall water and wastewater plan
for the Centerpointe development.
3 13SN0~11-_~PR24-BC1S-RPT
Public Wastewater System:
The request site is located within the Upper Swift Creels sewer service area. There is an
eight (8) inch wastewater line extending across Brandermill Parkway approximately
eighty-five (85) feet north of the request site. Connection to the public wastewater system
is required by County code. It is recommended that this site be incorporated into the
overall water and wastewater plan for the Centerpointe development.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains northward until intercepted by a natural swell at the
northernmost portion of the property leading to an unnamed tributary of Little Tomahawk
Creek within the Upper Swift Creek Watershed. There are currently no known on-site
drainage or erosion problems. The property is currently wooded and, as such, should not
be timbered without obtaining a land disturbance permit from the Department of
Environmental Engineering. This will ensure that proper erosion control devices are in
place prior to land disturbance activity. (Proffered Condition 4)
With the timing of this zoning case coming after July 1, 2012, unless a State general
constriction permit can be achieved prior to July 1, 2014, this property will not have the
same level of grandfathering from the new stormwater management regulations that
would be enjoyed by the property to which it is being combined.
Water Quality:
The Natural Resource Inventory (NRI), submitted in conjunction with this zoning
application, indicates that no sensitive environmental features such as jurisdictional
features, steep slopes, highly erodible soils and Resource Protection Areas (RPA) are
located within the project boundaries. The unnamed tributary directly to the north of the
subject site has been determined to contain perennial flow. While the landward limits of
the RPA as indicated in the NRI appear to be outside the request property limits, the
delineation of a 100 foot RPA, to include jurisdictional features, will need confirmation
during the site plan approval process.
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 as part of the Comprehensive Plan indicates that fire and
emergency medical service (EMS) calls increased by forty-four (44) percent from 2001 to
4 13SN0~11-_~PR24-BC1S-RPT
2011, significantly faster than the County's population increase of seventeen (17)
percent. Of the total incidents in 2011, nearly seventy-six (76) percent were medical
emergencies and twenty-four (24) percent were fire-related. It is expected with the
general aging of the population that medical emergency incidents will increase faster than
the rate of population growth over time. Five (5) new fire/rescue stations are
recommended for constriction by 2022 in the Plan. In addition to the five (5) new
stations, the Plan also recommends the replacement/revitalization of four (4) existing
stations.
Proffered conditions would allow multifamily dwelling units from Centerpointe to be
developed on the request property. Based on thirty-seven (37) dwelling units calculated at
densities of 10 units per acre, this request will generate approximately six (6) calls for fire
and emergency medical service each year.
This proposal would not permit an increase in the number of previously permitted
dwelling units; however this proposal fails to meet the Board's Cash Proffer Policy
relative to credits for transferred densities.
The Swift Creels Fire Station, Company Number 16, currently provides fire protection
and emergency medical service (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:
IMPACT OF DEVELOPMENT ANALYSIS:
Residential
Yield: 0
Student
Yield From
School Name Residential Membership
Development
:~
Functional % of No. of
Trailers
Capacity Capacity ,~,~
Elementary: Evergreen 0 1,030 1,026 100%
Middle: Tomahawk 0 1,267 1,355 94%
Creek
High: Midlothian 0 1,406 1,574 89%
Total
0
NOTE: The Student Yield is based on the 2012 Cash Proffer Methodology as provided by the
Chesterfield County Budget and Management Department.
4
0
0
13SNO ~ 11-_~PR24-B( )S-RPT
NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified in the
staff report.
Student Membership is based on membership as of 10-1-12.
School Capacity is based on the 2012-13 Space Utilization Study.
The original zoning case affecting the adjacent Centerpointe property was approved prior to the adoption
of the Cash Proffer Policy. The project, within which the request property is to be combined, permits
approximately 786 multifamily dwelling units. While the proposal does not permit an increase in the
number of previously approved dwelling units, the current Cash Proffer Policy does not allow
consideration of transferring allowable dwelling units from other properties. Based on densities permitted
by the Zoning Ordinance for the request property (thirty-seven (37) dwelling units), it is appropriate for
the applicant to address the impact of the approximately eighteen (18) students that will be generated by
this casein accordance with the Board's Cash Proffer Policy.
Libraries:
Residential development in this area of the County could impact either the existing
Clover Hill or Midlothian Library or a proposed new branch in the vicinity of Genito and
Otterdale Roads. The Public Facilities Plan identifies a need to expand or replace both the
Clover Hill and the Midlothian Libraries, and recommends adding a new facility in the
Genito-Otterdale area to address demand issues related to anticipated increases in
population in this area of the County.
This proposal would not permit an increase the number of previously permitted dwelling
units; however this proposal fails to meet the Board's Cash Proffer Policy relative to
credits for transferred densities.
Parks and Recreation:
The Public Facilities Plan identifies in the need for three (3) regional parks totaling 600
acres, ten (10) community parks totaling 790 acres, nine (9) neighborhood parks totaling
180 acres, and three (3) water-based special purpose parks. The Plan also identifies the
need for urban parks within mixed use developments to compliment and provide linkages
to the County's park system. The Plan identifies the need for linear parks and trails and
resource-based special purpose parks [historical, cultural and environmental] and makes
suggestions for their locations. The Plan also addresses both the need to expand existing
park sites to meet level of service (LOS) standards and identifies the need to improve
access to blueways through the acquisition of easements and properties. Co-location with
schools and other compatible public facilities is desired.
This proposal would not permit an increase in the number of previously permitted
dwelling units; however this proposal fails to meet the Board's Cash Proffer Policy
relative to credits for transferred densities.
13SNO ~ 11-_~PR24-B( )S-RPT
County Department of Transportation:
In May 1987 the Board of Supervisors approved a rezoning request (Case 87SN0056)
consisting of approximately 18.4 acres from Agricultural (A) to Office Business (O). The
request property (3.7 acres) was a part of those 18.4 acres. With that zoning approval, the
Board accepted proffered conditions relative to Transportation that, among other things,
required a ninety (90) foot wide right-of--way dedication and constriction of two (2) lanes
for anorth/south road (`Brandermill Parkway") along the entire eastern boundary of the
18.4 acres. All of the required right-of--way has been dedicated for the road. The
constriction of Brandermill Parkway was permitted to be phased. With the development
of the existing nursing home, approximately 600 feet of the road was constricted.
Approximately 1,100 feet remains to be constricted along the property's frontage. Based
on this request, development of the property should include constriction of the balance of
Brandermill Parkway from its current terminus to the northern boundary of the property
(Proffered Condition 3). This ensures completion of Brandermill Parkway as previously
committed with Case 87SN0056.
Virginia Department of Transportation (VDOT~:
VDOT notes that the existing roadway alignment is established with no changes required.
Entrance locations will be expected to conform to the access management regulations as
stipulated in 24 VAC 30 -73: "Access Management Regulations: Minor Arterials,
Collectors, and Local Streets." Proposed entrance(s) will be reviewed for compliance
with regulations at the time of site constriction plan review.
Financial Impact on Capital Facilities:
Per Dwelling
Unit
Potential Number of New Dwelling Units 37* 1.00
Population Increase 97 2.62
Number of New Students
Elementary 7.91 0.21
Middle 4.23 0.11
High 5.64 0.15
Total 17.78 0.48
Net Cost For Schools $ 330,854 $ 8,942
Net Cost for Parks $ 40,700 $ 1,100
Net Cost for Libraries $ 11,433 $ 309
Net Cost For Fire Stations $ 26,233 $ 709
Average Net Cost Roads $ 469,419 $ 12,687
Total Net Cost $ 878,639 $ 23,747
7 13SNO ~ 11-_~PR24-B( )S-RPT
*Based on an assumed yield of thirty-seven (37) units, at ordinance densities of ten (10) units per
acre permitted in R-MF Districts. The actual number of dwelling units and corresponding impact
may vary.
The original zoning case (86SN0025) affecting the adjacent Centerpointe property was approved
in April 1986 prior to the adoption of the Cash Proffer Policy. As amended in 1990 (Case
88SN0059), this case included an overall maximum density of 1,639 dwelling units as part of a
947 acre mixed-use development.
The applicant is requesting the rezoning of a 3.7 acre property to Residential Multifamily (R-
MF) and plans to incorporate that parcel into the development of an adjacent 43.7 tract, zoned as
part of Case 88SN0059. The applicant has proffered that with the incorporation of the request
property, the total number of multifamily residential units will not exceed the approximately 786
dwelling units permitted on the Centerpointe property. Some of these units could be developed
on the request property. (Proffered Condition 2)
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, parks, libraries, fire stations
and roads as $23,747 per unit.
The current Cash Proffer Policy allows the County to assess the impact of all dwelling units. It is
appropriate to accept the maximum cash proffer of $18,966 for each dwelling unit.
Per Section A.8. of the Cash Proffer Policy, staff cannot consider the transferring of allowable
units from other properties. While the applicant has proffered to adhere to the density previously
approved in Case 88SN0059 and that no new units will be created if this request is approved, the
applicant has not proffered to address the impacts of any transferred units on capital facilities.
Consequently, the County's ability to provide adequate capital facilities to its citizens will be
adversely impacted by this proposed development.
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.
LAND USE
Comprehensive Plan:
The Comprehensive Plan designates the request property as a Regional Mixed Use area,
being appropriate for an integrated mixture of highly concentrated corporate office,
commercial, light industrial/research and development and higher density residential uses
with public spaces, located on large tracts of land with a regional customer draw.
Area Development Trends:
Properties to the north and west are zoned Residential (R-7) with conditional use planned
development as part of the overall Centerpointe development. These properties, which
USNO ~ 11-_~PR24-B( )S-RPT
are currently vacant, permit Regional Business (C-4) uses to include residential
multifamily development. Incorporation of the request property into these adjacent
properties for multifamily development is proposed. Property to the south is zoned
Corporate Office (O-2) and is occupied by the Brandermill Woods retirement
community. Property to the east across Brandermill Parkway is vacant, zoned Corporate
Office (O-2) and permits office, light industrial and limited commercial uses.
It is anticipated that development surrounding the Powhite Parkway/Route 288
interchange will continue for a highly concentrated mixture of commercial, corporate
office, light industrial and residential uses on large tracts of land, as suggested by the
Plan.
Zoning History:
Request Property
On May 27, 1987 the Board of Supervisors, upon a favorable recommendation of the
Planning Commission, approved a rezoning of an 18.4 acre property to Office Business
(now designated as Corporate Office - O-2) with conditional use planned development
(Case 87SN0056). A nursing home and medical office complex was planned. The
retirement community of Brandermill Woods is currently located on the southern portion
of this tract. The request property, representing the northern portion of this tract, is
limited by conditions of zoning to medical office use.
Adjacent Property -Centerpointe Development
On July 25, 1990 the Board of Supervisors, upon a favorable recommendation of the
Planning Commission, approved an amendment to conditional use planned development
(Case 86SN0025, Centerpointe) to permit a mixed use development on 948 acres, to
include residential, office, commercial, industrial and public/semi-public uses (Case
88SN0059). Within Parcel 6 of the approved master plan, residential uses to include
multifamily, zero lot line homes, duplexes and/or triplexes are permitted. Parcel 6 is
located adjacent tq and west of, the request property. (Reference Attachment 1)
osed Use and Densities:
As previously noted in the "Zoning History" Section, the request property is located east
of, and adjacent tq the Centerpointe development. Parcel 6 of this master planned
property permits C-4 uses as outlined in the Zoning Ordinance. The Ordinance specifies
that properties zoned C-4 between April 1989 and May 2006 would permit multifamily
and townhouse development with restrictions. One such restriction indicates the density
of multifamily development is limited to eighteen (18) dwelling units per acre without
deck or underground parking provisions, and up to twenty-five (25) units if served by
deck or underground parking.
The applicant proposes rezoning of a 3.7 acre parcel to R-MF for the purpose of
incorporating this property into the Centerpointe development, thereby gaining access for
9 13SNO ~ 11-_~PR24-B( )S-RPT
this project to Brandermill Parkway. Proffered Condition 1 would permit development of
the request property only in conjunction with this adjacent Centerpointe project.
Referencing Attachment 2, no additional density may be attributed to the inclusion of
request property (Parcel A) (Proffered Condition 2); as such, the density currently
permitted on Parcels B and C (43.7 acres) may only be "spread" onto the request
property. Therefore, this multifamily project at eighteen (18) dwelling units per acre
could yield a maximum of approximately 786 dwelling units. Ordinance density
requirements for the R-MF District would permit a maximum of thirty-seven (37)
dwelling units to be "spread" onto Parcel A.
CONCLUSION
The proposed zoning and land uses conform to the Comprehensive Plan and are compatible with
existing and anticipated area development. The incorporation of the request property into a
proposed adjacent multifamily development will accommodate project access. While no
additional dwelling units would result from this request, permitted density from the adjacent
property could be spread over this expanded acreage. The Board of Supervisors' Cash Proffer
Policy does not provide for transfer of allowable units from other properties.
The Planning Commission and Board of Supervisors, through their consideration of this request,
may determine that limitations on development of this 3.7 acre tract provide for a unique
circumstance that may justify acceptance of proffers as offered for this case.
CASE HISTORY
Staff (3/26/13):
If the Planning Commission acts on this request on April 16, 2013, the case will be
considered by the Board of Supervisors on April 24, 2013.
The Board of Supervisors on Wednesday, April 24, 2013 beginning at 6:30 p.m. will take under
consideration this request.
10 13SNO ~ 11-_~PR24-B( )S-RPT
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CenterPointe
APPROVED MASTER PLAN
CASE 88SN0059
Attachment 1
13SN0511-1
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