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14SN0570CASE MANAGER: Darla Orr ~, ~ ~~~1 I ~ ~ ~~ ~,,~ ~~ ,-,,, \ t)kcl~t~ ;i BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION ~?~ ~ n i~~ June 25, 2014 BS 14SN0570 Branchs Bluff Development Company Dale Magisterial District Beulah Elementary, Salem Church Middle and Bird High Schools Attendance Zones Off the southern terminus of Branchs Wood Lane 3621 Evelake Road REQUEST: Amendment of zoning (Case 09SNOll 1) relative to cash proffers in a Residential (R-12) District. Specifically, Proffered Condition 2 of Case 98SNOll 1 would be modified to reduce the cash proffer to the Board's current maximum acceptable cash proffer and to delay the escalator as outlined in the Cash Proffer Policy. PROPOSED LAND USE: The request property is being developed as part of the Branch's Bluff Subdivision. According to the tentative subdivision plan, the 10.8 acre property could be developed for approximately sixteen (16) lots yielding a density of approximately 1.48 dwelling units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. AYES: MESSRS. WALLIN, PATTON, BROWN AND WALLER. ABSENT: MR. GULLEY. STAFF RECOMMENDATION Recommend approval for the following reasons: The proffered condition adequately addresses the impacts of this development on necessary capital facilities, in accordance with the Board of Supervisors' Cash Proffer Policy, thereby ensuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE CONDITION NOTED "STAFF/CPC" WAS AGREED UPON BY BOTH STAFF AND THE COMMISSION.) PROFFERED CONDITION With the approval of this request, Proffered Condition 2 of Case 98SNOll 1 would be amended as provided below. All other conditions of Case 98SNOll 1 would remain in force and effect. (STAFF/CPC) Cash Proffer A. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior the issuance of a building permit for infrastnicture improvements within the service district for the property; provided, however, that the period through 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: $18,966.00 per dwelling unit, if paid prior to July 1, 2017; or ii. If paid after June 30, 2017, and before July 1, 2018, $18,966.00 per dwelling unit, adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the fiscal year in which the case was approved and July 1 four years later. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. iii. 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. iv. 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 to be in addition to any impact fees in a manner determined by the County. B. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M) 2 14SN0~70-20141L`~N2~-BOS-RPT GENERAL INFORMATION T ncatinn• The request property is located off the southern ternunus of Branchs Wood Lane, ninety (90) feet south of Birchs Bluff Road. Tax IDs 785-670-Part of 7367; 786-669-0085; 786- 670-4173 and 4249. Existing Zonin R-12 Size: 10.8 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North, East and West - R-7, R-12 and A; Single-family residential, railroad or vacant South - R-12 and A; Single-family residential or vacant UTILITIES Public Water and Wastewater Systems: There is an eight (8) inch water line and an eight (8) inch wastewater line extending along Birch's Bluff Road. Connection to the public water and wastewater systems is required by County Code and was proffered with Case 09SNOll 1. ENVIRONMENTAL 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 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) 3 14SN0~70-20141L`~N2~-BOS-RPT 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 sixteen (16) dwelling units, this request will generate approximately four (4) calls for fire and emergency medical service (EMS) each year. The applicant has offered measures to address the impact on fire and EMS. (Proffered Condition) The Centralia Fire Station, Company Number 17, 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. 4 14SN0~70-20141L`~N2~-BOS-RPT Schools: l6 Residential Yield: Student Yield FY-om Ftimctional Membership, No. of School Name Residential 9-30-13 Capacity, I ' Trailers'~'~ De~relopment 2013-14 ~ ~~ ~ -•ll-~ Elementan': Beulah 3 574 548 Il(Y:~°o Middle: Salem Church 2 853 1,089 "'If;°o [high: Bud 2 1,843 2,020 911°a Total 7 Projected Membership and Capacity Trends O~~er Time '~'~'~ Pr7~ w ctc d Pn~ w ctc d School Name Memhershih, Memher~shih, 9-311-14 ~ 9-311-IS Elementan': Beulah 580 573 I ' Middle: Salem Church 854 849 [high: Bud 1,883 1,890 7 5 Pn~wctcd Mcmhcrshih, 9-311-211 591 865 r,yra 1,848 a) ll ° <~ NOTE: * The Student Yield is based on the FY2014 Cash Proffer Methodology as provided bv_ the Chesterfield CountL~ Finance I)epai~nent. NOTE: '~'~ If a school is less than 90% of capacity and has hailers, those tl-ailers are not identified in the staffreport Student Membership is based onmembership as of 09-30-13. School Capacit<• is based. on the 2013-14 Space Utilization Stud '~'~'~ DISCLAIlVIER: Please mote that Pt°ojeeted ~Ienzbership A~'D Fzrrrctiorral Capaciij~ at°e zrpdated on m~ All~:~"L'AL BASIS acrd at°e based orr the September 30 nzenzbership f'or a given year acrd the Space t,~tilizatiorr Stzrdy Repot°t which is corrdzrcted every year°. The Space titilizatiorr Stzrdy is a r°epor°t that is corrdzrcted m~rrzral3~~ wher°eby Plnrrrrbrg staff corrdzrcts a site visit of every school br the cozrrrt~~ acrd the Pr°brcipal r°eviews his or her floor plan acrd identifies the zrse of every classy°oonz. Fr°onz that brfornzation a r°epor°t is pr°epar°ed that calczrlates the Fzrnctional Capaciij~ of that school. The school system needs to know how each of their facilities is zrtihzed f'or f'zrndbrg and space allocation pzaposes. Agabr, it is important to note that these nzmzbers change every year. After review of this request, the proposed amended rezoning case will continue to have an impact on the aforementioned schools, especially at the elementary level. The projected student membership and capacity trends at this time indicate an overall increase in membership at the elementary and secondary levels by 2020. Over time this case, combined with other tentative residential developments, infill developments and other 14SN0~70-20141L`~N2~-BOS-RPT zoning cases in the area, will continue to push these schools over capacity. Therefore, the aforementioned units should be subject to full cash proffers, to mitigate the impact that this development would have on schools. The applicant has offered measures to address the impact of the development on school facilities. (Proffered Condition) Staff continues to monitor student membership on a regular basis in these areas and membership projections are analyzed and updated annually. The school system's Capital Improvement Plan (CIP) includes the replacement of Beulah Elementary School. Libraries: Development in this area of the County would impact the Meadowdale, Chester or Central Library or a proposed new facility in the vicinity of Kingsdale, Chester and Hopkins Roads. The Public Facilities Plan recommends constriction of a new library to address demand issues on the existing Chester Library. The Plan also includes a recommendation to complete 6,000 square feet of unfinished space within the Central Library. The applicant has offered measures to address the impact of this development on libraries. (Proffered Condition) 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 & 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 offered measures to address the impact of this development on Parks and Recreation facilities. (Proffered Condition) County Department of Transportation: In November 2008, the Board of Supervisors approved the rezoning of the property (Case 09SNOll 1) to Residential (R-12), and accepted a cash proffer to assist in addressing the traffic impact of the proposed development (Proffered Condition 2 of Case 09SNOll 1). The applicant is now requesting to amend that proffer, and has proffered to contribute cash, in an amount consistent with the current Board of Supervisors' Policy (Proffered Condition). As development continues in this part of the county, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases. Virginia Department of Transportation (VDOT~: The Department has no comment on the request to amend case proffers for Case 09SNOll 1 as those changes will not impact State acceptance of the subdivision roads. Ei 14SN0~70-20141liN2~-BOS-RPT Financial Impact on Capital Facilities: Per Dwelling Unit Potential Number of New Dwelling Units 16* 1.00 Population Increase 42.76 2.67 Number of New Students Elementar 3.37 0.21 Middle 1.83 0.11 High 2.45 0.15 Total 7.64 0.48 Net Cost For Schools $ 151,120 $ 9,445 Net Cost for Parks $ 19,952 $ 1,247 Net Cost for Libraries $ 5,168 $ 323 Net Cost For Fire Stations $ 11,344 $ 709 Average Net Cost Roads $ 128,304 $ 8,019 Total Net Cost $ 315,888 $ 19,743 *Based on the tentative plan for Branch's Bluff Section 4. The actual number of dwelling units and their 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, parks, libraries, fire stations and roads as $19,743 per unit. The applicant has requested to amend Case 09SNOll 1, Condition 2, relating to cash proffers. The cash proffer approved with Case 09SNOll1 was $18,080 per dwelling unit, currently escalated to $20,231, an amount higher than the Cash Proffer Policy's current maximum. To address the impact of this development on capital facilities, the applicant has requested to reduce the cash proffers to the current maximum of $18,966 per unit. The proffer also includes language that would freeze the $18,966 contribution for a period of four (4) years, beginning on July 1 of the fiscal year in which the case is approved, after which it would be escalated by the cumulative change in the Marshall and Swift Building Code Index. These cash proffers would defray the cost of the capital facilities necessitated by this proposed development. 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. While appropriate to maintain the cash proffer of $20,231 approved in Case 09SNOll 1, the Board of Supervisors has set the current maximum cash proffer at $18,966, an amount lower than the escalated proffer approved with the original case. The Planning Commission and 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. Staff finds the proffer of $18,966 acceptable. 7 14SN0~70-20141L`~N2~-BOS-RPT LAND USE Comprehensive Plan: The subject property is located within the boundaries of the Comprehensive Plan, which suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Area Development Trends: Properties to the north and west are zoned residentially and are being developed as part of the Branch's Bluff Subdivision. Properties to the east and south are zoned R-12 and Agricultural (A) and are occupied by a railroad, single-family residential use (within Squarefield Park Subdivision and on acreage parcels) or are vacant. It is anticipated that a portion of the request property will be developed with trails and interpretive signs as a special purpose park. Area properties are anticipated to develop for single-family residential use. Zoning History: On November 19, 2008 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning (Case 09SNOll1) on the request property to Residential (R-12) to permit single-family residential use. Conditions of approval required use of public utilities, limited timbering until a land disturbance permit was issued, addressed stormwater nln-off and offered a cash proffer to address the impacts of the development on capital facilities. On August 28, 2013 the Board of Supervisors, upheld the Planning Commission's determination that a public park on a 2.5 acre portion of the request property is in substantial accord with the Comprehensive Plan (Case 13PD0229). A special purpose park is planned with trails and interpretive signage to facilitate accessibility and showcase a portion of the County's preserved Civil War earthworks. CONCLUSIONS While appropriate to maintain the cash proffer of $20,231 approved in Case 09SNOll1, the Board of Supervisors has set the current maximum cash proffer at $18,966, an amount lower than the escalated proffer approved with the original case. Staff finds the proffer of $18,966 acceptable. The proffered conditions adequately address the impacts of this development on necessary capital facilities, in accordance with the Board of Supervisors' Cash Proffer Policy, thereby ensuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these considerations, approval of this request is recommended. 8 14SN0~70-20141L`~N2~-BOS-RPT CASE HISTORY Planning Commission Meeting (5/22/14): The applicant's representative accepted the recommendation. There was no opposition present. On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended approval and acceptance of the proffered condition on page 2. AYES: Messrs. Wallin, Patton, Brown and Waller. ABSENT: Mr. Gulley. The Board of Supervisors, on Wednesday, June 25, 2014 beginning at 6:30 p.m., will take under consideration this request. 9 14SN0~70-20141L`~N2~-BOS-RPT 0~ W~ ~W Q~ ~Q ~' a Q Q CSX RAILROXaIp .~ d ,,, Ili U I ..~, .,- .~~ ~ I 1 ~~~ ~ s / '' ~~ !~ ~~~'' LL1 ~ +, ` z ~(n ~ / > ~ ~" ~ " ~ ~ '~ ', ~ , ., Z t ~ ~, ~ .. ~. Z ''' N .. ~ '~ .. ..., ~~ o ~ o , . ~ ~ ~ ~ Z o .I .~~ ~ I~ _ ~ ~ ~ ~ ~ ~~ ~i z ~ ~ ~~ ~~ a ::: ... o ~~, ~ ~ v 09SN0111 In Dale Magisterial District, BRANCH'S BLUFF DEVELOPMENT COMPANY, LLC requests rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51-4.0 dwelling units per acre. This request lies on 12.1 acres lying approximately 950 feet off the south line of Evelake Road measured from a point approximately 1760 feet east of Hopkins Road. Tar IDs 785- 671-Part of 7222; 786-669-Part of 0085; and 786-670-4173 and 4249. Mr. Turner presented a summary of Case 09SN0111 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Jeff Collins, the applicant's representative, stated he is in agreement with the recommendation. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 09SN0111 and accepted the following proffered conditions: The owner and developer in this rezoning request, Branch's Bluff Development Company, LLC (the "Developer") pursuant to ~ 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, Virginia (the "County") for itself and its successors and assigns, hereby proffers that the development of the unimproved real property (the "Property") under consideration in this rezoning request shall be developed in accordance with the following conditions if, and only if, the request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. The public water and wastewater systems shall be used. (U) 2. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the property: a. $18,080 per dwelling unit, if paid prior to July 1, 2009; or b. If paid after June 30, 2009, $18,080 adjusted annually in accordance with the cash proffer policy. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M) 3. Timbering Except for timbering approved by the Virginia Department of Forestry for removing dead or diseased 08-798 11/19/08 trees, there shall be no timbering on the property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 4. Stormwater runoff from any impervious area that drains to Thurston Road shall be conveyed with a system that shall be: 1) designed and constructed to convey the ten (10) year storm event to the south side of Thurston Road; or 2) designed and constructed with on-site detention to retain the discharges for a two (2) and ten (10) year post developed storm event to a two (2) and ten (10) year pre-developed storm event condition, respectively, and which discharges runoff into wetlands that are located on the eastern side of Tax. ID 786-669- OOII5. (EE) Ayes: Warren, Decker, Jaeckle, Holland, and Durfee. Nays: None. 08-799 11/19/08