13SN0520CASE MANAGER: Ryan Ramsey
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
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August 28, 2013 BS
13 SN0520
Fountain Square Condominiums LLC
Bermuda Magisterial District
Ecoff Elementary, Carver Middle and Thomas Dale High Schools Attendance Zones
Southwest corner of Fountain Square Plaza and Chester Village Drive
REQUEST: Amendment of zoning (Case 95SN0309) relative to the modification of cash
proffers in a Community Business (C-3) District.
PROPOSED LAND USE:
A mixed-use building, with ground floor retail and over-shop housing, is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
While the applicant has not fully addressed the impacts on capital facilities in a
monetary amount consistent with the Board of Supervisors' Cash Proffer Policy, the
applicant's proposal includes a proffer for parking improvements to serve the Chester
Village Library and proposed arts center. Further, proffered conditions would require
the use of high-quality residential building materials and design elements above those
currently required that should contribute to a durable and sustainable housing product.
(NOTES:
A. THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITION(S)
NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
B. SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE, PROFFERED
CONDITIONS D AND 1 HAVE BEEN AMENDED. FOR THE BOARD OF
SUPERVISORS' REFERENCE, BOTH THE ORIGINAL PROFFER CONSIDERED
BY THE COMMISSION (NOTED AS "STAFF/CPC") AND THE AMENDED
PROFFER (NOTED AS "STAFF") ARE INCLUDED HEREIN.)
PROFFERED CONDITIONS
The Applicant hereby amends Proffered Condition D of Case No. 95SN0309 to
read as follows.
(STAFF/CPC) D. Cash Proffer. The applicant, sub-divider, or assignee(s) shall pay
the following to the County of Chesterfield, prior to the issuance of
a certificate of occupancy for each dwelling unit for infrastnicture
improvements within the service district for the property:
a. $7,200 per dwelling unit. At the time of payment, the
$7,200 will be allocated for roads.
Cash proffer payments shall be spent for the purposes proffered or
as otherwise permitted by law.
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 towards,
but not in addition tq any impact fees, in a manner as determined
by the County.
If upon the mutual agreement of Chesterfield County and the
Applicant, the Applicant provides parking lot improvements to
serve the Chester Library (the "Improvements"), then the cash
proffer amount in this Proffered Condition shall be reduced by an
amount not to exceed the cost to constrict the Improvements so
long as the cost is equal or greater value than that which would
have been collected through the payment(s) of the cash proffer as
determined by Chesterfield County. Once the sum total amount of
the cash proffer credit exceeds the cost of the Improvements, as
determined by Chesterfield County, thereafter the Applicant shall
commence paying the cash proffer as set forth in this Proffered
Condition as adjusted for the credit. For the purposes of this
proffer, the costs shall include, but not be limited tq the cost of
engineering, relocating utilities, constriction (including labor,
materials, and overhead) ("Work"). Before any Work is performed,
the Applicant shall receive prior written approval by Chesterfield
County for the Improvements and any credit amount. (B & M)
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(STAFF) Instead of proffering cash to meet this development's impacts on
the county's infrastnicture, the applicant hereby proffers the
following constriction of improvements to benefit the county's
library system and traffic movement needs:
D. In-Kind-Improvements. The Applicant shall provide parking lot
improvements, acceptable to the County, to serve the Chester
Library (the "Improvements"). For the purposes of this proffer, the
Improvements shall include all work necessary to complete at a
minimum 40 parking spaces of the 70 space parking lot shown on
Exhibit A, dated July 26, 2013, attached hereto. The
improvements shall include, but not be limited tq engineering,
relocating utilities and constriction (including labor, materials, and
overhead). The costs of the Improvement shall not exceed
$201,600.00 (amount that would otherwise have been collected by
the County under the current cash proffer policy). Should the cost
of the initial 40 spaces be less than $201,600, the developer shall
continue to constrict additional parking spaces up to an amount
not to exceed $201,600. The Improvements shall be completed
prior to the issuance of a certificate of occupancy for any dwelling
unit on the subject property.
Constriction bids for the Improvements shall be reviewed and
accepted by the county prior to the issuance a Land Disturbance
Permit for said Improvements. (B & M)
The Applicant hereby adds the following additional proffers for this case:
(STAFF/CPC) 1. There shall be a maximum of thirty seven (37) dwelling units. (P)
(STAFF) 1. There shall be a maximum of thirty seven (37) dwelling units. A
maximum of one (1) dwelling unit shall be permitted to contain
more than two (2) bedrooms. No dwelling units shall have more
than three (3) bedrooms. Unit types shall be designated on
building permits. (P)
(STAFF/CPC) 2. The buildings shall have an architectural design generally as
shown on the elevations by Poole and Poole Architecture, LLC,
and dated Apri126, 2013. (P)
(STAFF/CPC) 3. Eighty percent (80%) of the building facade, excluding windows
and doors, shall be brick or stone materials. (P)
(STAFF/CPC) 4. Varied roof designs and materials shall be used on building
sections across the north and south facades to emphasize the visual
3 13SN0~20-_~li(728-BC1S-RPT
distinction between each building section and to provide the
appearance of no flat roofs for those sections. (P)
(STAFF/CPC) 5. Balconies shall be provided on the second and third floors for at
least four (4) of the dwellings on the north elevation of the
building, oriented towards Fountain Square Plaza. These balconies
shall be covered and architecturally compatible to the attached
elevations and shall be a minimum of six (6) feet in depth and sixty
(60) square feet in area. A minimum of fifty percent (50%) of
remaining dwellings on the north facing elevation shall have
balconies that are uncovered and that project from the building
depths of two (2) to three (3) feet to provide an outdoor living
space. (P)
GENERAL INFORMATION
Location:
The request property is located in the southwest corner of Fountain Square Plaza and
Chester Village Drive. Tax IDs 788-655-8553, 8854 and 9964.
Existing Zoning:
C-3 with conditional use planned development
Size
0.6 acre
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, South, East and West - C-3 with CUPD; Commercial, public/semi-public and
multifanuly residential
UTILITIES
Public Water and Wastewater Systems:
This request will not impact the public utility systems.
4 13SN0~20-_~li(728-BC1S-RPT
ENVIRONMENTAL
Drainage and Erosion:
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, part of the Comprehensive Plan, indicates that fire and
emergency medical service (EMS) calls increased by forty-four (44) percent from 2001 to
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.
Based on thirty-seven (37) dwelling units, this request will generate approximately ten
(10) calls for fire and emergency medical service (EMS) each year. The applicant has not
addressed the impact on Fire and EMS due to the deletion of cash proffers attributed to
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.
13SN0~20-_~li(728-BC1S-RPT
Schools:
IMPACT OF DEVELOPMENT ANALYSIS:
Residential
Yield: 37
Student Yield
F Functional % of
School Name Re
dential Membershi
p
Capacity Trailers
Capacity
Development ,~,~
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Elementary: Ecoff 8 760 838 91% 2
Middle: Carver 4 1,059 1,275 83%
High: Thomas Dale 6 2,259 2,750 82%
Total 18
NOTE: The Student Yield is based on the 2012 Cash Proffer Methodol og~T as provided b~T the
Chesterfield Count~T Finance Department.
NOTE: * * If a school is less than 90% of capacit~T and has trailers, those trailers are not identified in the
staff report.
Student Membership is based on membership as of 10-1-12.
School Capacit~T is based on the 2012-13 Space Utilization Stud~T.
After review of this request, the proposed amended rezoning case will have a minimal
impact on the aforementioned schools involved. However, over time this case, combined
with other tentative residential developments, infill developments and other zoning cases
in the area, will continue to push these schools to capacity. Therefore, the aforementioned
units should continue to be subject to full cash proffers, to mitigate the impact that this
proposed development would 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 Public
Facilities Plan identifies a need for additional library space throughout the County. The
development noted in this case would most likely affect the Chester Library. The Plan
identifies a need for additional library space in the Chester area, including the
constriction of a new 20,000 square foot facility in the vicinity of Kingsdale and Hopkins
Ei 13SN0~20-_~liG28-BC)S-RPT
Roads as well as the Chester Arts Center. These facilities would address current and
future demand issues on the existing Chester Library.
The applicant's amendment to the cash proffer condition contains a provision which
would require the applicant to constrict a surface parking lot on a portion of the
adjoining Chester Library and Arts Center parcel. Since the proposed parking lot is
located on County-owned property, the County would control future access and use of the
parking lot improvements constricted by the applicant. The applicant would be
responsible for financing, designing and constricting the surface parking lot for the
County's benefit. The applicant's proposal to constrict a surface parking lot will address
the impacts of this request on library facilities.
Parks and Recreation:
The Public Facilities Plan identifies 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 the need to expand existing park
sites to meet level of service standards. The Plan also 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. The applicant has not addressed
the impact on Parks and Recreation facilities with the removal of the cash proffers, as
outlined in the Board's Cash Proffer Policy.
County Department of Transportation:
The applicant is requesting to amend Proffered Condition D of Zoning Case 95SN0309
regarding cash proffers and provide proffered conditions relating to maximum number of
dwelling units and architecture quality standards. This request will have a similar traffic
impact as the previously approved zoning case.
In 1995, the Board of Supervisors approved the rezoning of the property to allow a
mixed-use development. It was anticipated the development as a whole could generate
approximately 20,400 average daily trips with impacts to West Hundred Road (Route
10), Centre Street, Lee Street, and DeLavial Street. Since the major goal of the Chester
Village Plan was to create a "small town" with primary focus on pedestrian oriented
activities, rather than the accommodation of automobiles, staff reviewed Case 95SN0309
from the same perspective as cases along Jefferson Davis Corridor (i.e., to aid in
redevelopment of the area, the developers have not been requested to provide the
customary infrastnicture improvements or limit the density to address the impacts of this
development).
7 13SN0~20-_~li(728-BC1S-RPT
Virginia Department of Transportation (VDOT~:
VDOT has no comment on this request.
Financial Imbact on Cabital Facilities:
PER UNIT
Potential Number of New Dwelling
Units
37*
1.00
Population Increase 96.94 2.62
Number of New Students
Elementary 7.91 0.21
Middle 4.23 0.11
High 5.66 0.15
Total 17.68 0.48
Net Cost For Schools $ 349,465 $ 9,445
Net Cost for Parks $ 46,139 $ 1,247
Net Cost for Libraries $ 11,951 $ 323
Net Cost For Fire Stations $ 26,233 $ 709
Average Net Cost Roads $ 296,703 $ 8,019
Total Net Cost $ 730,491 $ 19,743
*B d th b f d ll' 't t b b 'lt T h t 1 b f d ll'
ase on e num er o we mg um s remammg o e ui e ac ua num er o we mg
units and corresponding impact may vary. The applicant previously paid cash proffers for nine
(9) of the thirty-seven (37) dwelling units in 2007.
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 $19,743 per unit. The applicant has been advised that a maximum proffer of $18,966
per unit would defray the cost of the capital facilities necessitated by this proposed development.
The original case (95SN0309) was approved in 1995 with cash proffers in the amount of $5,175
(adjusted upward by the Marshall and Swift Building Cost Index, amount is currently $9,327) for
the impact of the development on schools, libraries, parks, fire stations and roads. For
elderly/retirement housing, the schools portion was not proffered; these dwelling units have an
approved cash proffer of $3,089 (adjusted upward by the Marshall and Swift Building Cost
Index, amount is currently $5,566). The applicant previously paid cash proffers for nine (9)
13SN0 X20-_~li (728-BC1S-RPT
dwelling units in 2007 that subsequently were destroyed; those payments will be applied to
building permits for the first nine (9) dwelling units moving forward.
The applicant has requested to amend Condition D of 95SN0309 to substitute the provision of in-
lcind-improvements to serve the Chester Library and traffic movement needs in lieu of a cash
proffer. The applicant has proffered to provide a minimum of forty (40) spaces, and up to
seventy (70) spaces, provided the cost does not exceed $201,600. Staff has determined that the
cost of in-kind-improvements (seventy (70) spaces minimum) proffered in the case may be
approximately $200,000 based on industry standards. Accordingly, at $200,000, the value of the
improvements corresponds to an approximate per dwelling unit cash proffer of $7,140. The
applicant has also proffered quality standards to increase the durability and sustainability of the
housing product.
The applicant has not fully addressed the impacts of this development on fire stations, parks,
roads and schools.
The current 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. It is appropriate to accept the maximum cash proffer of $18,966 for each dwelling
unit, including senior housing units.
The Board can evaluate this case by measuring the proffered conditions against this case's
current cash proffer of $9,327; under this approach, staff believes the applicant has proffered a
fair proposal.
The Board should also note that while the applicant has proffered items that partially mitigate the
impact of the development on capital facilities, the proffer is inadequate when measured against
the Board's maximum cash proffer of $18,966.
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.
Staff recommends the applicant fully address the impact of all units on capital facilities.
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 the proffers as
presented.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of The Chester Plan which suggests
the property is appropriate for neighborhood mixed-use. This designation suggests a mix
of neighborhood scale retail and service, professional and administrative offices, along
with residential developments of varying densities.
USNO X20-_~li (728-B( )S-RPT
Area Development Trends:
Surrounding properties to the north, south, east and west are zoned commercially and are
occupied by commercial, office, multi-residential and public/semi-public uses. The
subject property is located adjacent to the Chester Library and south of Chester Village
Green. A mix of neighborhood scale retail, offices and residential uses should continue in
the area as suggested by the Plan.
Zoning History:
On September 27, 1995 the Board of Supervisors, upon a favorable recommendation
from the Planning Commission, approved rezoning of the request property from
Agricultural (A) and Residential (R-7) to Community Business (C-3) plus conditional use
planned development to permit use and bulls exceptions on this tract plus adjacent
property (Case 95SN0309). Conditions of approval addressed road improvements,
utilities, impacts on capital facilities, and density restrictions for dwelling units within the
Village Green tract, where the subject property is located.
On November 28, 2012 the Board of Supervisors, upon an unfavorable recommendation
by the Planning Commission, denied an amendment of conditional use planned
development (Case 95SN0309) relative to density, tract acreage and deletion of the cash
proffer on the request property (Case 12SN0225). Specifically, a multifamily building
consisting of forty-four (44) dwelling units with no commercial, retail or office uses on
the first floor was proposed. Proffered conditions limited the maximum number of
bedrooms in a dwelling unit to no more than two (2); provided architectural and design
standards for the proposed building; and offered no cash proffer to assist in addressing
the impact of these dwelling units on capital facility costs.
Proposed Uses and Density Restrictions:
The applicant proposes amulti-use building containing approximately 14,000 square feet
of commercial and retail space on the ground floor with over-shop housing on the second
and third floors. The Village Green tract has a density restriction of 200 dwelling units on
five (5) acres, with the stipulation that there is no limit on the acreage or number of over-
shop dwelling units (Case 95SN0309, ILC2.J. of the Textual Statement). The applicant
has proffered a condition that limits the number of proposed dwelling units to thirty-
seven (37) as well as a limitation on the number of bedrooms per dwelling unit (Proffered
Condition 1). Dwellings would be limited to two (2) or less bedrooms, with one (1)
dwelling that may contain up to three (3) bedrooms.
Current Architecture and Design Requirements:
The request property lies within the Chester Village Core. Where not addressed by
conditions of Case 95SN0309 or proffered conditions contained herein, new constriction
must conform to the development standards of the Zoning Ordinance which address
10 13SN0~20-_~liG28-BOS-RPT
access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities,
screening of dumpsters and loading areas. Within the Chester Village Core Area, the
ordinance requires architectural treatment and design that:
• avoids exterior materials inferior in quality, appearance or detail to any other
exterior of the same building;
• imparts harmonious proportions,
existing strictures, and enhance
reflected in existing strictures; and
architectural variety and compatibility with
s the overall cohesive village character as
• achieves building character through design elements such as:
o materials, balconies and/or terraces
o articulation of doors and windows, sculptural or textural relief of facades;
architectural ornamentation; and appurtenances
o varied roof lines
o appurtenances such as lighting fixtures and/or plantings.
Conditions of Case 95SN0309 would also continue to regulate architectural and design
standards for the request property. These conditions require an overall design theme for
the Village Green which provides continuity, identity and cohesiveness to include
building design and materials and a Design Review Board tasked with developing and
reviewing these design guidelines based on a community pattern book. These guidelines
include:
• building design and materials
• public spaces and gateways to include open spaces and community recreation
• pedestrian circulation and connections
• streetscape and street lights
Architectural Treatment -Proffered Conditions:
The applicant has proffered several conditions that address specific architectural and
design standards for the proposed building. These proffers establish an architectural
treatment consistent with the building elevation attached to the staff report (Attachment
1); require building materials of brick or stone for eighty (80) percent of the building
facade, minus window and door openings; and incorporate a visible and varied roof
design for the north and south building elevations. (Proffered Conditions 2, 3 and 4)
11 13SN0~20-_~liG28-BOS-RPT
Proffered Condition 5 requires balconies on the north elevation of the proposed building.
To ensure that properly sized balconies are incorporated into the residential portion of the
project, the applicant has proffered that at least four (4) covered balconies located on the
north elevation of the building be a minimum of six (6) feet in depth and sixty (60) feet in
area. Fifty (50) percent of the remaining dwelling units on the north elevation of the
building will contain balconies that project a minimum of two (2) to three (3) feet from
the facade.
The current conditions of zoning do not specify the percentage of brick or stone to be
used in the exterior facade, the varied roof design and materials nor the size and quantity
of balconies. As such, the proffered conditions offered in this case elevate the project's
architectural standards above current conditions of zoning.
Subject Property Parlcin~ Requirements:
The proposed multifamily building will contain a maximum of thirty-seven (37) dwelling
units requiring seventy-four (74) parking spaces. Commercial space on the ground floor
will require approximately sixteen (16) parking spaces, for an aggregate parking
requirement of ninety (90) spaces. The applicant has the ability to use a combination of
on-street, on-site and off-site parking areas to address this parking requirement.
Currently, twenty-four (24) on-street spaces are available within Chester Village Green.
Approximately seven (7) additional parking spaces could be developed on the subject
property. The adjacent parking area located at 11923 Centre Street (Tax ID 789-655-
0456) has thirty-five (35) parking spaces that could be leased for this development. With
these sixty-six (66) parking spaces that could serve the proposed multifamily building,
there remains a potential deficit of approximately twenty-four (24) parking spaces for the
developer to address prior to site plan approval. Any parking spaces constricted to and
for the benefit of Chester Library and the Arts Center, as outlined in the amended
proffered condition, cannot be allocated as parking provided for the applicant's proposal.
The developer may request a reduction in the number of required parking spaces either
through a waiver by the Planning Commission and/or Director of Planning at the time of
site plan review, as outlined in Case 95SN0309, or through a variance granted by the
Board of Zoning Appeals. Ultimately, the developer is responsible for providing required
parking, reducing the number of proposed dwelling units, or obtaining an exception or
variance to parking requirements prior to site plan approval.
CONCLUSION
While the applicant's proposal does not fully address the impacts on capital facilities in a
monetary amount consistent with the Board of Supervisors' Cash Proffer Policy, proffered
conditions provide for parking improvements to serve the Chester Library and Arts Center and
improve traffic movement needs of the surrounding neighborhood.
12 13SN0~20-_~liG28-BOS-RPT
The request property is subject to ordinance and conditions of zoning that regulate design
features of the proposed building, including site design, architecture and building materials.
Conditions have been proffered to elevate the quality of building design and materials so as to
contribute to a durable and sustainable housing product. The Planning Commission and the
Board of Supervisors, through their consideration of this request, may determine that there are
unique circumstances that justify the acceptance of the proffered conditions contained herein.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (6/18/13):
The applicant's representative accepted the recommendation. There was no opposition
present.
Mr. Patton noted that applicant's proposal offers a reduced number of residential
dwellings, a resolution to addressing required parking, enhanced architectural features for
infill development in a village area and an adequate cash proffer contribution.
On motion of Mr. Patton, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
Board of Supervisors Meeting (7/17/13):
On their own motion, and with the applicant's consent, the Board deferred this case to
their August 28, 2013 public hearing.
Staff (7/17/13):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than July 22, 2013 for consideration at the Board's August
28, 2013 public hearing.
Staff (8/6/13):
Revisions to proffered conditions were received.
13 13SN0~20-_~li(728-BC1S-RPT
The Board of Supervisors, on Wednesday, August 28, 2013 beginning at 6:30 p.m., will take
under consideration this request.
14 13SN0~20-_~li(728-BC1S-RPT
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