12SN0154
CASE NUMBER: 12SN0154 (Amended)
APPLICANT: Charles Edward Townes, Managing Partner, Dominion
Investment Partners, LLC
CHESTERFIELD COUNTY, VIRGINIA
Magisterial District: DALE
STAFF’S ANALYSIS
10636 GENITO ROAD
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
SEPTEMBER 16, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Agent:
CARRIE COYNER
(804-748-4671)
Applicant’s Contact:
CHARLES TOWNES
(804-731-7173)
Planning Department Case Manager:
DARLA ORR (804-717-6533)
APPLICANT’S REQUEST
(AMENDED) Amendment of zoning (Case 06SN0121) to reduce cash proffers in a Residential
Townhouse (R-TH) District. Specifically, the applicant requests to amend Proffered Condition 4 of
Case 06SN0121 to reduce the cash proffer and to delay the escalator.
A townhome development with a maximum of 216 units is planned. With this request the
applicant has added the option for occupancy of units to be age restricted. (Proffered Condition 2)
Notes:
A.The only condition that may be imposed is a buffer condition. The property owner may proffer other
conditions.
B.Proffered conditions, approved conditions of Case 06SN0121 and supplemental information are located in
Attachments 1 - 3.
RECOMMENDATION
RECOMMEND APPROVAL
PLANNING
COMMISSION Appropriate to eliminate school portion of cash proffer for age
(8/18/2015) restricted units
RECOMMEND DENIAL
STAFF
Fails to address development impacts for age restricted units
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING
BUDGET AND
Fails to address development impacts for age restricted units
MANAGEMENT
FIRE
PARKS AND
RECREATION
LIBRARIES
SCHOOLS Fails to address development impacts for age restricted units
CDOT
VDOT
UTILITIES
ENVIRONMENTAL
ENGINEERING
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Map 2: Comprehensive Plan
Classification: HIGH DENSITY RESIDENTIAL
This designation suggests the property is appropriate for residential use of 8 to 12 dwellings per acre.
Map 3: Surrounding Land Uses & Development
Multi-family
Price Club Blvd
residential and
commercial use
Single
family on
acreage
parcels
Single family residential –
Hunters Landing & Great
Oaks
Genito 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-TH; Townhome development with
maximum of 216 units
Approved conditions:
-Address minimum dwelling size, building
APPROVED
elevations and materials, sidewalks, buffers,
06SN0121
6/28/2006
focal point and road improvements
- Require minimum house size (gross floor area) –
2,200 and 2,500 square feet
- Cash proffer of $15,600 per dwelling unit
Attachment 2
AGE RESTRICTED OPTION
A townhome development with a maximum of 216 units is planned. With this request the
applicant is proffering an option to restrict occupancy for all or a portion of the units as “housing
for older persons” where no one under the age of 19 would reside therein. The developer will be
required to identify which units, if any, are subject to this occupancy limitation on all record plats.
(Proffered Condition 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
$23,418 per unit.
The original zoning case (06SN0121) was approved in June 2006 with a density of 216 units and
with the maximum cash proffer at the time of $15,600 per dwelling unit (currently escalated by
the Marshall and Swift Building Cost Index to $22,734). The applicant has requested amend the
previously approved case relative to cash proffers, as well as incorporating an age restricted
option.
To address the impact of this development on capital facilities, the applicant has requested to
reduce the previously approved cash proffer of $15,600 (currently escalated to $22,734) to the
current maximum of $18,966 per each dwelling for non-age restricted units. Additionally, the
applicant has requested to include an option for age restricted units, which includes a cash
proffer amount of $11,152. The amount of $11,152 would be allocated among thecategories of
parks and recreation, fire, libraries and roads, while omitting the schools component.
While appropriate to maintain the cash proffer approved with case 06SN0121, the Board of
Supervisors has set the current cash proffer at $18,966, an amount lower than what was
approved with the original case. Staff supports the request to reduce the cash proffer to
$18,966 for non-age restricted housing units. However, the applicant’s cash proffer of $11,152
for age restricted housing units falls short of addressing its impact on capital facilities. If
accepted, the amended cash proffers for either housing type would remain fixed for a period of
four years after which it would be escalated by the cumulative change in the Marshall and Swift
Building Cost Index.
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.
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216
Per Dwelling Unit Impact on Capital Facilities
Potential
Units
FY16 Cash Proffer
FacilityCurrent BOS ApplicantVariance from
Calculated on Existing
CategoriesMaximum Proposal* Maximum
Impact Zoning
Schools $9,648 $7,771 $7,814 $0 ($7,814)
Parks $1,347$877 $1,091 $1,091 $0
Libraries $318 $507 $258 $258 $0
Fire
$861 $589 $697 $697 $0
Stations
Roads $11,244 $12,990 $9,106 $9,106 $0
Total $23,418 $22,734 $18,966 $11,152 ($7,814)
Overall Impact on Capital Facilities
Schools $2,083,968 $1,678,536 $1,687,824 $0 ($1,687,824)
Parks $290,952 $189,432 $235,656 $235,656 $0
Libraries $68,688 $109,512 $55,728 $55,728 $0
Fire
$185,976 $127,224 $150,552 $150,552 $0
Stations
Roads $2,428,704 $2,805,840 $1,966,896 $1,966,896 $0
Total $5,058,288 $4,910,544 $4,096,656 $2,408,832 ($1,687,824)
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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
77
Service Annually
Offered in Accordance with Policy for Fire
Applicant’s Proposal to Address
1
Proffered Condition 1
Impacts
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 for Parks
1
Impacts
Proffered Condition 1
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 for Libraries
1
Address Impacts
Proffered Condition 1
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 tonearby library facilities can be found in Attachment 3.
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SCHOOLS
Staff Contact: Atonja Allen (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/Replace New Facilities
Elementary 16 3
Middle 62
High 23
Technical - 1
Schools -Project Impacts
Elementary 46
Middle 24
Average Student Yield
High 33
Total 103
Applicant’s Proposal to Not Fully Offered in Accordance with Policy for age restricted
1
Address Impacts units
Proffered Condition 1
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
regarding transportation
Proffered Condition1
NOTE: In conjunction with development of the property, a sidewalk will need to be constructed
along Genito Road for the property frontage, in accordance with the Planning Commission
Residential Sidewalk Policy (Section 17-82 of the Subdivision Ordinance).
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
No comment.
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Therequest will not impact the public water and wastewater systems. The development’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
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
9/22/2011 Application submitted– Rezone to R-MF and C-2 with CUPD
2/6/2013 Application & proffered conditions amended – Rezone to R-MF with CUPD;
request for C-2 zoning withdrawn
2/7/2014 Application & proffered conditions amended – Rezone to R-MF; CUPD withdrawn
7/8, 7/30, 8/7 Revised proffered conditions and exhibits were submitted
& 8/11/14
6/12/2015 Application & proffered conditions amended – Amendment to Previous Zoning re:
reduction in cash proffers; rezoning request withdrawn
8/3/2015 Revised proffered conditions were submitted
Community Meetings
2/10/2014 Issues Discussed
Architecture and quality of units
Traffic and maintenance of existing rights of way
Crime and Litter
8/13/2014 No citizens were present to discuss amended application to reduce cash proffers
Planning Commission Meetings
6/18/2013 Action –DEFERRED TO SEPTEMBER 17, 2013 WITH APPLICANT’S CONSENT
9/17/2013 Action –DEFERRED TO NOVEMBER 19, 2013 WITH APPLICANT’S CONSENT
11/19/2013 Action –DEFERRED TO MARCH 18, 2014 WITH APPLICANT’S CONSENT
3/18/2014 Action –DEFERRED TO MAY 22, 2014 WITH APPLICANT’S CONSENT
5/22/2014 Action –DEFERRED TO AUGUST 19, 2014 AT APPLICANT’S REQUEST
8/19/2014 Action –DEFERRED TO NOVEMBER 18, 2014 AT APPLICANT’S REQUEST
11/18/2014 Action –DEFERRED TO FEBRUARY 17, 2015 AT APPLICANT’S REQUEST
2/17/2015 Action –DEFERRED TO AUGUST 18, 2015 AT APPLICANT’S REQUEST
8/18/2015 Citizen Discussion
No one spoke to support or oppose the case
Commission Discussion
Dr. Brown stated support for reduced cash proffer for age restricted units. He
noted that the Board of Supervisors has consistently approved age restricted
developments without the school component of the cash proffer being offered.
He added that additional residential use would benefit area.
Recommendation: APPROVAL AND ACCEPTANCE OF THE PROFFERED
CONDITIONS IN ATTACHMENT 1
Motion: Brown Second: Waller
AYES: Gulley, Waller, Brown And Wallin
ABSENT: Patton
The Board of Supervisors on Wednesday, September 16, 2015, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
(CPC) – Recommended by the Planning Commission
The Applicant in this case, pursuant to Section 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 property known as Chesterfield County Tax Identification
Numbers 747-681-7089; 747-682-7022 and 8276; and 748-681-0499 (“the Property”) under
consideration will be developed according to the following amended proffers if, and only if, the
request submitted herewith is granted with only those conditions agreed to by the Applicant. In
the event this request is denied or approved with conditions not agreed to by the owner and
Applicant, the proffer shall immediately be null and void and of no further force or effect.
With the approval of this request, Proffered Condition 4 of Case 06SN0121 shall be amended as
follows. All other conditions of Case 06SN0121 shall remain in force and effect.
(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 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 cumulative change in the
Marshall and Swift Building Cost Index during that time period.
b)$11,152.00 per dwelling unit, for age restricted dwelling units, 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 cumulative change in the Marshall and Swift Building Cost Index
during that time period. The $11,152.00 will be allocated pro-rata among
the categories for parks and recreation, fire, libraries and roads.
c)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.
d)Cash proffer payments shall be spent for the purposes proffered or as
otherwise permitted by law.
e)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 toward, but not in addition to, any
impact fees, in a manner as determined by the County. If Chesterfield should
adopt a “workforce” or “affordable” housing program which eliminates or
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permits a reduced cash proffer, the cash proffer for any dwelling unit on the
Property that is designated as “workforce” or “affordable” housing, that
meets all the requirements of the adopted “workforce” or “affordable”
housing program, and for which a cash proffer has not yet been paid shall be
adjusted to be consistent with the approved “workforce” or “affordable”
housing program. (B& M)
The applicant offers the following additional proffered condition:
(CPC) 2. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law,
the Federal Fair Housing Act, and such other applicable federal, state or local
legal requirements, dwelling units shall be permitted to be restricted to “housing
for older persons” as defined in the Virginia Fair Housing Law and no persons
under 19 years of age shall reside therein. Any units subject this occupancy
restriction shall be identified on all record plats. (P)
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ATTACHMENT 2
CASE 06SN0121
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ATTACHMENT 3
SUPPLEMENTAL PUBLIC FACILITIES STATISTICS
Schools Currently Serving Area
Crenshaw
Bailey BridgeClover Hill
Elementary
Middle School High School
School
Capacity
Functional Functional Functional
hip
MembershipMembership
% Capacity% Capacity% Capacity
CapacityCapacityCapacity
Categories
Members
Current
and
Projected
2014 712 72398 1379 1529 90 18611750 106
2
Figures
2015 693 -96 1342 - 88 1871- 107
2016 698 -97 1355 - 89 1899- 109
2021 682 -94 1370 - 90 1925- 110
Trailers Number of
5 0 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 Manchester Volunteer Rescue Squad Fire Station, Company
Number 24
EMS Facility Manchester Volunteer Rescue Squad
Library LaPrade, Clover Hill and new North Courthouse Road libraries
Parks & Recreation Rockwood Park
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