15SN0626
CASE NUMBER: 15SN0626
APPLICANT: Vernon McClure
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS
Magisterial District: CLOVER HILL
6601 TEMIE LEE PARKWAY
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
JULY 22, 2015
BOS Time Remaining:
337 DAYS
Applicant’s Agent:
ANDREW SCHERZER
(804-794-0571)
Applicant’s Contact:
VERNON MCCLURE
(804-794-3138)
Planning Department Case Manager:
DARLA ORR (804-717-6533)
APPLICANT’S REQUEST
Amendment of zoning (Case 06SN0174) to reduce cash proffers in a Residential (R-12) District.
Specifically, the applicant requests to amend Proffered Condition 2 of Case 06SN0174 to reduce
the cash proffer to the Board’s maximum acceptable cash proffer and to delay the escalator as
outlined in the Cash Proffer Policy.
Single family residential dwellings are being developed as Lee’s Forest subdivision.
(NOTES: A. The only condition that may be imposed is a buffer condition. The property owner may proffer
conditions.
B. A proffered condition is located in Attachment 1
C. Approved conditions of Case 06SN0174 are located in Attachment 2
RECOMMENDATION
PLANNING RECOMMEND APPROVALAND ACCEPTANCE OF THE PROFFERED
COMMISSION CONDITION IN ATTACHMENT 1
(5/19/15)
RECOMMEND APPROVAL*
Addresses developments impacts
STAFF
*It is important to note the change in staff’s recommendation based on the
applicant’s modification of the Proffered Condition. (Attachment 1)
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING
BUDGET AND
MANAGEMENT
FIRE
PARKS AND
RECREATION
LIBRARIES
SCHOOLS
CDOT
VDOT
UTILITIES
ENVIRONMENTAL
ENGINEERING
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Map 2: Comprehensive Plan
Classification: SUBURBAN RESIDENTIAL I
Thisdesignation suggests the property is appropriate for single family residential use of a maximum of 2.0
dwellings per acre
Map 3: Surrounding Land Uses & Development
Single family residential –
St. Clair, Southshore &
Swift Creek
Lands End
Reservoir
Career&
Technical
Center
Temie Lee Parkway
Commercial use
Hull Street Rd
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PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Rezone A to R-12; Single family development with
maximum of 25 lots
Approved conditions:
-Address minimum lot size, foundation treatment,
APPROVED
06SN0174
tree preservation and sidewalks
5/24/2006
- Require minimum house size (gross floor area) –
2,200 and 2,500 square feet
-Cash proffer of $15,600 per dwelling unit
Attachment 2
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FINANCIAL IMPACT ON CAPITAL FACILITIES
Budget and Management
Staff Contact: Natalie Spillman (717-8767) spillmann@chesterfield.gov
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.
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
$21,261 per unit.
The original zoning case (06SN0174) was approved in May 2006 with a density of 25 units and
with the maximum cash proffer at the time of $15,600 per dwelling units (currently escalated
by the Marshall and Swift Building Cost Index to $22,245 per unit).
The applicant has requested to reduce the previously approved cash proffers of $15,600
(currently escalated to $22,245) to the current maximum of $18,966 per unit.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. If accepted, the amended cash proffer would remain at $18,966 for a period of
four years after which it would be escalated by the cumulative change in the Marshall and Swift
Building Cost Index, a provision recently adopted by the Board of Supervisors.
While appropriate to maintain the cash proffer of $15,600 (currently escalated to $22,245)
approved with case 06SN0106, the Board of Supervisors has set the current maximum cash
proffer at $18,966, an amount lower than the escalated cash proffer amount as approved with
the original case.
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 of $18,966 for each dwelling unit.
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Per Dwelling Unit Impact on
(1)
25
Capital Facilities
Potential Units
Facility Cash Proffer on Existing Applicant's Proposal
FY15 Calculated Impact
Categories Zoning (Current BOS Maximum)
Total $21,261 $22,245 $18,966
Overall Impact on Capital Facilities
Schools $234,400 $249,675 $209,100
Parks $33,175 $33,800 $29,600
Libraries $8,500 $10,000 $7,575
Fire
$19,650 $16,350 $17,525
Stations
Roads $235,800 $255,350 $210,350
Total $531,525 $565,175 $474,150
(1)
Based on a proffered maximum of 25 lots per zoning case 06SN0174. The actual number of
lots and corresponding impact may vary.
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Greg Smith (804-706-2012) smithgd@chesterfield.gov
The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the
environment through a comprehensive fire and life safety program that ensures an adequate
and timely response to emergencies. The Public Facilities Plan, as part of the Comprehensive
Plan, indicates:
County-wide Fire & EMS Service Information & Needs
New 5
Recommendations for Fire Stations
by 2022
Replacement/Revitalization 4
Fire 24%
1
2011 Incidents as a percent of total
EMS (Emergency Medical Services) 76%
Fire/EMS Increases in Call Volume
44%
from 2001 and 2011
County Population Increase from
17%
2001 to 2011
1
With the aging of population, medical emergency incidents are expected to increase faster than the rate of
population growth over time.
Fire Service -Project Impacts
Estimated Number of Calls for
5
Service Annually
Applicant’s Proposal to Address
Offered in Accordance with Policy
1
Impacts
Proffered Condition
1
The financial impact of residential development on fire facilities is addressed in the “Financial Impact on Capital
Facilities” section of the report.
Additional Information:
Information relative to nearby fire and emergency service facilities can be found in Attachment
3.
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PARKS AND RECREATION
Staff Contact: Brian Geouge (318-8720) geougeb@chesterfield.gov
The County supports a high-quality park system to provide residents and visitors with equitable
access to active and passive recreation opportunities. The Public Facilities Plan, as part of the
Comprehensive Plan,indicates:
County-wide Parks and Recreation Needs
Park TypeNumber of New Parks Aggregate Acreage
Regional 3600
Community10 790
Neighborhood 9180
Special Purpose 3 1 -
Urban 2 - -
Linear 3 - -
1
The Public Facilities Plan notes facility recommendations for water-based parks. All other facilities are acquired
and developed on a site-by-site basis.
2
Facilities are recommended in urban areas where there is limited acreage available for park development.
3
Facility needs are assessed on a site-by-site basis as recommended in the Public Facilities Plan.
Parks and Recreation – Project Impacts
5.9 Acres of Regional, Community and/or Neighborhood
2012 County Level of Service
parkland per 1,000 persons
9 Acres of Regional, Community and/or Neighborhood
Target Level of Service
parkland per 1,000 persons
Applicant’s Proposal to Address
Offered in Accordance with Policy
1
Impacts
Proffered Condition
1
The financial impact of residential development on parks facilities is addressed in the “Financial Impact on Capital
Facilities” section of the report.
Additional Information:
Information relative to nearby parks and recreation facilities can be found in Attachment 3.
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LIBRARIES
Staff Contact: Debra Winecoff (751-4475)winecoffd@chesterfield.gov
The public library system’s role in the county has expanded beyond its traditional function as a
resource for information and materials, and now serves as a community gathering place for
educational, cultural and informational services; community support during emergencies;
economic development; and revitalization activities. The Public Facilities Plan, as part of the
Comprehensive Plan,indicates:
County-wide Library Needs
Facility ActionCounty-wide Facility Needs
Expand or Replace 5 Libraries
Construction of New 5 Libraries
Facilities
1 Community Arts Center
Libraries -Project Impacts
2011 County Level of Service0.45 square feet of library space per person
Standard Level of Service 0.82 square feet of library space per person
Applicant’s Proposal to
Offered in Accordance with Policy
1
Address Impacts
Proffered Condition
1
The financial impact of residential development on library facilities is addressed in the “Financial Impact on
Capital Facilities” section of the report.
Additional Library Information:
Information relative to nearby library facilities can be found in Attachment 3.
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SCHOOLS
Staff Contact: Dr. Cynthia O. Richardson (318-8740) cynthia_o_richardson@ccpsnet.net
High performing, high quality public schools contribute to the quality of life and economic
vitality of the County. The Comprehensive Plan suggests a greater focus should be placed on
linking schools with communities by providing greater access, flexible designs and locations that
better meet the needs of the communities in which they are located. The Public Facilities Plan,
as part of the Comprehensive Plan, indicates:
County-wide School Needs
School Types Facilities to Revitalize/Replace New Facilities
Elementary 16 3
Middle 62
High 23
Technical - 1
Schools -Project Impacts
Elementary 5
Middle 3
Average Student Yield
High 4
Total 12
Applicant’s Proposal to
Offered in Accordance with Policy
1
Address Impacts
Proffered Condition
1
The financial impact of residential development on school facilities is addressed in the “Financial Impact on
Capital Facilities” section of the report.
Additional Information:
After review of this request, based on current school assignments and student enrollment the
proposed rezoning case will have an impact on schools. It is possible that over time this case,
combined with other tentative residential developments and other zoning cases in the area will
continue to push these schools to their capacity and therefore impact the capacity of facilities
division-wide.
Information relative to schools currently serving area can be found in Attachment 3.
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COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and recommendations are
detailed in the chart below:
Recommendation Applicant’s Proposal
Cash Proffer PolicyOffered in Accordance with Policy
Proffered Condition
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
To date, no comments have been received from the Virginia Department of Transportation
(VDOT).
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Theproposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water No 8”Yes
Wastewater No 8”Yes
The proposed request will not impact the public water and wastewater systems.
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (804-748-1028) pritchardd@chesterfield.gov
Environmental Engineering has no comment on this request.
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CASE HISTORY
Applicant Submittals
2/9/2015 Application submitted
4/13/2015 Application & proffered condition amended
5/18/15 Revised proffered condition submitted
5/19/2015 Revision made on 5/18/2015 to proffered condition was withdrawn
6/10/2015 Revised proffered condition submitted
6/15/2015 Revised proffered condition submitted
6/25/2015 Revised proffered condition submitted
Planning Commission Meeting
5/19/2015 Citizen Comments:
No one spoke to this request
Commission Discussion:
Staff noted their inability to thoroughlyreview the amended proffered
condition due to the lateness of the submittal
Budget explained the modification in the language to prevent the
escalator from exceeding the Board’s maximum acceptable cash proffer
at the time of payment was not addressed in the Board’s policy
Given staff’s position, the applicant withdrew the revised proffered
condition and asked the Commission to recommend approval of the
request with the cash payment of $18,966 and the four year delay in
the escalator without a cap in the escalated payment.
Recommendation –APPROVAL AND ACCEPTANCE OF THE PROFFERED
CONDITION IN ATTACHMENT 2
Motion: Gulley Second: Patton
AYES: Gulley, Waller, Brown, Patton and Wallin
Board of Supervisors Meeting
6/24/2015 Citizen Comments:
Zoning amendment not necessary as Cash Proffer Policy sets the
maximum acceptable cash proffer
Language representschange in procedures which necessitates public
input
Developer should pay full cash proffer
Public not informed of late proffer changes
Applicant’s Agent Comments:
Cash proffer revised after Commission’s hearing per Board’s action on a
different case (Case 13SN0521 –Lake Margaret)
17 remaining lots will be developed prior to four (4) year escalation
freeze
Would consider removing language that prevents cash proffer from
escalating above Board’s maximum acceptable cash proffer at time of
payment
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Board Discussion:
Unanimous agreement necessary for Board to suspend their rules to
consider amended Proffered Condition
Board decided not to include language to cap escalator during afternoon
discussions of Cash Proffer Policy
No justification offered to support changing proffer language for 17 lots
Potential precedent for other residential cases
Time value of money is important consideration as County will have to
pay for public facilities at future costs
Each case considered on its own merit
Action - Suspend rules to consider Proffered Condition submitted on June 15,
2015:
Motion: Jaeckle Second: Warren
AYES: Elswick, Warren, Holland, Gecker, Jaeckle
Mr. Warren expressed concern modification to Proffered Condition was offered
based on Board’s action for one (1) recent case as applicant said proposed
development would be complete before escalation freeze ended. He suggested
deferral was appropriate to allow applicant time to consider removing language
that prevents cash proffer from escalating above Board’s maximum acceptable
cash proffer at time of payment
Action – Deferred
Motion: Warren Second: Jaeckle
AYES: Elswick, Warren, Holland, Gecker, Jaeckle
The Board of Supervisors on Wednesday, July 22, 2015, beginning at 6:30 p.m., will consider
this request.
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ATTACHMENT 1
PROFFERED CONDITION
Note:
(STAFF/CPC) – Recommended by the Planning Commission and Staff
With the approval of this request, Proffered Condition 2 of Case 06SN0174 shall be amended as
outlined below. All other conditions of Case 06SN0174 shall remain in force and effect.
(STAFF/CPC) Cash Proffer. For each dwelling unit, the applicant, sub-divider, 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 cash proffer service district for the property, unless state law
prevents enforcement of that timing:
A.$18,966.00 per dwelling unit for the period beginning the July 1
preceding the Board of Supervisors’ approval of the case through
July 1 four years later, at which point the amount will be adjusted
for the cumulate change in the Marshall and Swift Building Cost
Index during that time period.
B.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.
C. Cash proffer payments shall be spent for the purposes proffered
or as otherwise permitted by law. (B)
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ATTACHMENT 2
CASE 06SN0174
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ATTACHMENT 3
SUPPLEMENTAL PUBLIC FACILITIES STATISTICS
Schools Currently Serving Area
Clover Hill
Swift Creek Clover Hill
Elementary
Middle School High School
School
Capacity
Functional Functional Functional
MembershipMembershipMembership
% Capacity% Capacity
Capacity
CapacityCapacityCapacity
Categories
Current
%
and
Projected
2014 795 7231101015 1021 99 18611750 106
2
Figures
2015 805 -111993 - 97 1871- 107
2016 821 -114962 - 94 1899- 109
2021 838 -116877 - 86 1925- 110
Trailers Number of
8 3 0
1
Trailers
1
Trailers are not identified in the staff report for schools under 90% capacity.
2
Disclaimer: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS.
They are based on the September 30 membership and Space Utilization Study Report for a given year. School
boundary adjustments may be made to address over capacity levels.
Nearby Public Facilities
Fire Station Clover Hill Fire Station, Company Number 7
EMS Facility Clover Hill Fire Station, Company Number 7
Library Clover Hill Library
Parks & Recreation Woodlake Athletic Complex and Spring Run Athletic Complex
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