15SN0632
CASE NUMBER:15SN0632
APPLICANT: D. K. Walters Builder Inc.
CHESTERFIELD COUNTY, VIRGINIA
Magisterial District: BERMUDA
STAFF’SANALYSIS
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
JULY 22, 2015
BOS Time Remaining:
337 DAYS
Applicant’s Contact:
DAN WALTERS
(804-641-7860)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
Amendment of zoning (Case 06SN0158) to reduce cash proffers in a Residential (R-12) District.
A single-family residential subdivision has been recorded and partially completed. On June 30,
2015, the applicant submitted a revised proffer requesting that the maximum cash proffer
reduction change from $15,600 per lot to $18,966 per lot (Attachment 1, Proffered Condition 1).
(NOTES: A. Conditions may be imposed or the property owner may proffer conditions.
B. A proffered condition islocated in Attachment 1.)
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.A Proffered condition islocated in Attachment 1.
RECOMMENDATION
RECOMMEND APPROVAL
Scope of cash proffer reduction is minimal, given the size of the
PLANNING applicant’s development
COMMISSION
Proffered conditions ensure quality building materials, design
(5/19/15)
and house sizes
AYES:Waller, Brown, and Patton
NAYS: Gulley and Wallin
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATION (CONTINUED)
RECOMMEND APPROVAL
Requestaddresses impacts on capital facilities
(Staff Note: Revised proffers submitted on 6/30/2015
STAFF
(Attachment 1, Proffered Condition1) have changed staff’s
recommendationas previously presented to the Planning
Commission on 5/19/15 and to the Board of Supervisors on
6/24/15.)
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SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
PLANNING-
BUDGET AND
-
MANAGEMENT
FIRE-
-
PARKS AND
RECREATION
-
LIBRARIES
-
SCHOOLS
-
CDOT
VDOT-
UTILITIES-
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan(The Chester Plan)
Classification: RESIDENTIAL
The designation suggests the property is appropriate for 2.5dwellings per acre.
Map 3: Surrounding Land Uses & Development
Chester
Osborne Road
Heights
Subdivision
Warfield Estates
Subdivision
Warfield Estates Drive
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
ZONING HISTORY
Case NumberBOS Action Request
ApprovedRezoning from A to R-12 of 2.0 acres to permit the
06SN0158
(02/22/2006) development of three (3) single-family residential lots.
PROPOSAL
Asingle-family residential subdivision, known as Holly Haven,has been recorded and partially
developed. The subdivision consists of three (3) undeveloped subdivision lots.
CHANGES TO CASH PROFFER REQUEST
The applicant originally requestedto reduce the currently escalated cash proffer of $22,245
back to the amount originally approved by the Board of Supervisors, $15,600.On May 19, 2015,
the applicant submitted revised proffers in response to concerns expressed by the Bermuda
District Commissioner relative to house size, building materials and design relative to the
original cash proffer reduction to $15,600 per lot (Attachment 2, Proffered Conditions 2-6).
On June 30, 2015, a full cash proffer payment was offered in accordance with the County’s Cash
Proffer Policy. Consequently, the applicant removed the proffers relative to house size, building
materials and design(Attachment 1, Proffered Condition 1).
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FINANCIAL IMPACT ON CAPITAL FACILITIES
Budget and Management
Staff Contact: Natalie Spillman (804-717-8767) 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 06SN0158 was previously approved for three lots with a cash proffer of
$15,600 (currently escalated to $22,245)(Attachment 4). 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 case06SN0158, 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.
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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.
Per Dwelling Unit Impact on
3
Capital Facilities
Potential Units
Applicant's Proposal
FacilityCash Proffer on Existing
FY15 Calculated Impact (Current BOS
CategoriesZoning
Maximum)
Total $21,261 $22,245 $18,966
Overall Impact on Capital Facilities
Schools $28,128 $29,961 $25,092
Parks$3,981 $4,056 $3,552
Libraries$1,020 $1,200 $909
Fire
$2,358 $1,962 $2,103
Stations
Roads$28,296 $30,642 $25,242
Total $63,783 $67,821 $56,898
*Based on the number of lots per Proffered Condition 6 of case 06SN0158. 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
New5
Recommendations for Fire Stations
by 2022
Replacement/Revitalization4
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
1
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:
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.
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 (804-318-8720) 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
1
Special Purpose3 -
2
Urban - -
3
Linear - -
1
The Public Facilities Plannotes 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 (804-751-4475)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 LibraryNeeds
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 Service 0.45 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: Atonja Allen (804-318-8740) atonja_allen@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/ReplaceNew Facilities
Elementary 163
Middle 62
High23
Technical-1
Schools -Project Impacts
Elementary1
Middle0
Average Student Yield
High0
Total1
Applicant’s Proposal to Offered in Accordance with Policy
1
Address ImpactsProffered Condition
1
The financial impact of residential development on school facilitiesis 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 animpact 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, identifiescounty-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:
RecommendationApplicant’s Proposal
Cash Proffer Policy Offered in Accordance with Policy
Proffered Condition
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
-
Traffic Impact Analysis (24VAC30-155)
-
Access Management (24VAC30-73)
-
Subdivision Street Acceptance (24VAC30-91/92)
-
Land Use Permit (24VAC30-151)
VDOT has no comment on this request.
Summary
WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439)blandj@chesterfield.gov
The proposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Sizeof Existing LineConnection Required by County Code?
Serviced?
WaterYes 8”Yes
WastewaterYes 8”Yes
Parcels 794-657-7210 and 794-657-8115 are not connected to public water and wastewater,
but are proffered to connect with Case 06SN0158. Parcel 794-657-8920 is currently connected
to public water and wastewater.
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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
3/2/15Application submitted
4/20/15Proffered conditions weresubmitted
5/19/15Revised proffered conditions were submitted
6/30/15Revised proffered conditions were submitted
Full cash proffer offered in accordance with Cash Proffer Policy
Planning Commission Meeting
5/19/15 Citizen Comments
Citizens spoke in support and opposition of the applicant’s request:
Proffer reductions are beneficial for infill development
Marshall and Swift Building Code Index is not an appropriate inflation
mechanism for the cash proffer escalation
Reduction of cash proffer below the Board’s maximum cash proffer
should not be approved,
Need to apply the Cash Proffer Policy equally to all applicants
Commission Discussion
The Commission noted their support for this case:
The exception to the Board’s maximum cash proffer is relatively small
scale considering the size applicant’s subdivision (3 lots)
Continues to offer the original cash proffer amount as proffered in 2006
Proffered conditions improve the original case and require that a quality
house is constructed on the lots
In addition, the Commission noted opposition for this case, including:
Property is not located in a revitalization area
Difficult to prove that a hardship exists
Cash Proffer Policy does not provide the flexibilityfor reducing cash
proffers for the applicant’s request
Recommendation – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 2
Motion: Patton; Seconded: Waller
AYES:Waller, Brown, and Patton
NAYS: Gulley and Wallin
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CASE HISTORY(CONTINUED)
Board of Supervisors Meeting
6/24/15 Citizen Comments
Citizens spoke in opposition of the applicant’s request:
Do not support a reduction of cash proffer below the Board’s maximum
cash proffer amount
Application ofCash Proffer Policy should be equal for all applicants
BoardDiscussion
The Boardnoted their desire to defer this case to allow time for the
applicant to modify the cash proffer request to be in accordance with the
current maximum cash proffer payment.
Action -DEFERRED TO JULY 22, 2015
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
Notes:
A.“STAFF” – Recommended by Staff only
B.On June 30, 2015, the applicant withdrew theproffered conditions in Attachment 2 and
submitted the proffered condition in Attachment 1. The proffered conditions considered
by the Planning Commission on May 19, 2015 are located in Attachment 2.
With the approval of this case, Proffered Condition 5 of Case 06SN0158 shall be amended as
follows:
(STAFF)1. Cash Proffers: 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.$18,966per 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&M)
(STAFF NOTE: Except as amended herein, all previous conditions of zoning
approved in Case 06SN0158 shall remain in full force and effect.)
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ATTACHMENT 2
PLANNING COMMISSION PROFFERED CONDITIONS
(WITHDRAWN)
Notes:
A.“CPC” – Recommended by the Planning Commission only
B.On June 30, 2015, the applicant withdrew these proffered conditions and submitted the
proffered condition in Attachment 1.
With the approval of this case, Proffered Condition 5 of Case 06SN0158 shall be amended as
follows:
(CPC)1.Cash Proffers: 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:
d.$15,600 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.
e.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.
f.Cash proffer payments shall be spent for the purposes proffered or as
otherwise permitted by law. (B&M)
(STAFF NOTE: Except as amended herein, all previous conditions of zoning
approved in Case 06SN0158 shall remain in full force and effect.)
(CPC)2.Foundations: The exposed portion of any foundation shall be brick or stone. (P)
(CPC)3.Exterior Facades: Acceptable siding materials include brick, stone, masonry,
stucco, synthetic stucco (E.I.F.S), and lap siding. Lap siding may be permitted to
be manufactured from natural wood or cement fiber board or may be premium
quality vinyl siding. Plywood and metal siding are not permitted. Additional
siding requirements:
a.Premium quality vinyl is defined as vinyl siding with a minimum wall
thickness of .040”.
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b.Synthetic Stucco (E.I.F.S.) siding shall be finished in smooth, sand or level
texture. Rough textures are not permitted. (P)
(CPC)4.Roof Material: Roofing material shall be dimensional architectural shingles or
better with a minimum thirty (30) year warranty. (P)
(CPC)5.Porches, Stoops and Decks
a.Front Porches: All front entry stoops and front porches shall be
constructed with continuous masonry foundation wall or on 12”x12”
masonry piers. Extended front porches shall be a minimum of five (5)’
deep. Space between piers under porches shall be enclosed with framed
lattice panels. Handrails and railings shall be finished painted wood or
metal railing with vertical pickets or sawn balusters. Pickets shall be
supported on top and bottom rails that span between columns.
b.Front Porch Flooring: Porch flooring shall be permitted to be concrete,
exposed aggregate concrete, or a finished paving material such as stone,
tile or brick, finished (stained dark) wood, or properly trimmed composite
decking boards. All front steps shall be masonry to match the foundation
or finished wood with painted risers. (P)
(CPC)6.Minimum House Size. The minimum gross floor area shall be 1,600 square feet
for a one-story dwelling unit or 1,800 square feet for a dwelling unit greater than
one-story. (P)
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ATTACHMENT 3
SUPPLEMENTAL PUBLIC FACILITIES STATISTICS
Schools Currently Serving Area
Curtis
Elizabeth DavisThomas Dale
Elementary
Middle SchoolHigh School
School
Capacity
Categories
Current
and
Projected
2014727 881 831243 128497 2239282479
2
Figures
2015735 -831289 - 100 2213-78
2016750 -851343 - 105 2189-78
2021797 -901339 - 104 2342-83
TrailersNumber of
0 2 -
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 The Dutch Gap Fire Station, Company Number 14
EMS Facility The Bensley-Bermuda Volunteer Rescue Squad
Library Chester Library
Parks & RecreationChester Linear Park, Goyne Park, Dutch Gap Conservation Area
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ATTACHMENT 4
APPROVED CONDITIONS FOR CASE 06SN0158
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