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13SN0132CASE MANAGER: Robert Clay 174 5) BS Time Remaining: 365 daysJaattafy 21, STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 13SNO132 (AMENDED) Chesterfield Business Partners LLC and Kingsland Towncenter LLC Dale Magisterial District Hopkins Road Elementary; Falling Creek Middle; and Bird High School Attendance Zones West line of Iron Bridge Road at Kingsland Glen Drive At and within the vicinity of 7000 Iron Bridge Road REQUEST: (AMENDED) Amendment of conditional use (Cases 06SNO237 and 07SN0226) relative to reduction of cash proffers in a Community Business (C-3) District. PROPOSED LAND USE: A mix of residential housing types, commonly known as the Watermark development, is planned. The applicant requests amendments to Proffered Conditions 11 of Cases 06SNO237 and 07SNO226 to reduce the cash proffer. Specifically, these amendments address the following: • For non -age restricted dwellings, reduce the cash proffer to the Board's maximum acceptable cash proffer; Providing a FIRST CHOICE community through excellence in public senTice • For age -restricted dwellings, reduce the cash proffer to the Board's maximum acceptable cash proffer minus the schools' component; and • Delay the escalator, as outlined in the Cash Proffer Policy. (NOTE: IN ORDER FOR THE BOARD OF SUPERVISORS TO CONSIDER THIS REQUEST AT THEIR SEPTEMBER 16, 2015 MEETING, A $2,000.00 DEFERRAL FEE MUST BE PAID PRIOR TO THE PUBLIC MEETING.) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGES 1 AND 2. AYES: UNANIMOUS STAFF RECOMMENDATION Recommend denial for the following reason: The proffered condition does not adequately address the proposed development's impacts on capital facilities for age -restricted dwellings. Consequently, the County's ability to provide adequate facilities to its citizens will be adversely impacted. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITION NOTED "CPC" IS A CONDITION RECOMMENDED BY THE COMMISSION.) PROFFERED CONDITION (CPC) 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 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. Provided, however, that if any building permits issued on the Property are for senior housing, as defined in the proffer on age restriction, the applicant, sub -divider, or assignee(s) shall pay $10,602.00 per dwelling unit, allocated on a pro -rata basis among the categories for parks, libraries, fire and roads, for the period beginning July 1 preceding the Board of Supervisors' approval of the case through July 1 four years later, at which 2 13SNO132-2015SEP16-BOS-RPT point the amount will be adjusted for the cumulative change to the Marshall and Swift Building Cost Index during that time period. 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. (B&M) (Staff Note: This proffered condition supersedes Proffered Condition 11 of Cases 06SNO237 and 07SNO226 (Cash Proffer). All other conditions of approval for Cases 06SNO237 and 07SNO226 would remain in effect.) GENERAL INFORMATION Location: The request property is located fronting the west line of Iron Bridge Road and the north and south lines of Kingland Glen Drive. Tax IDs 770-677-6585; 771-676-6355; 771-678-2064; 772-676-1473; and 772-677-3568. Existing Zonin C-3 Size: 101 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North, South and West — R-7 and C-3 with conditional use and conditional use planned development approval; Single-family residential, multifamily residential or vacant East — R-15, A, A with conditional use approval and C-3 with conditional use and conditional use planned development approval; Single-family residential, multifamily residential, office or vacant 3 13SNO132-2015SEP16-BOS-RPT UTILITIES Public Water and Wastewater Systems: Connection to the public water and wastewater systems is required per proffered conditions of Cases 06SNO237 and 07SN0226. 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 as part of the Comprehensive Plan indicates that fire and emergency medical service (EMS) calls increased by 44% from 2001 to 2011, significantly faster than the county's population increase of 17%. Of the total incidents in 2011, nearly 76% were medical emergencies and 24% 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 construction by 2022 in the Plan. In addition to the five new stations, the Plan also recommends the replacement/revitalization of four (4) existing stations. Based on (440) dwelling units, this request will generate approximately (87) calls for fire and emergency medical service each year. Reference the Budget and Management Department's comments on the financial impact of this request as it relates to fire and EMS. The Dale Fire Station, Company Number 11, currently provides fire protection and emergency medical service. 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. Schools: 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, 4 13SNO132-2015SEP16-BOS-RPT flexible designs and locations that better meet the needs of the communities which they serve. The Public Facilities Plan, an element of the Comprehensive Plan, identifies countywide school facility needs. Specifically, the Plan identifies the need: to revitalize or replace sixteen (16) elementary schools and construct three (3) new elementary schools; to revitalize or replace six (6) middle schools and construct two (2) new middle schools; to revitalize or replace two (2) high schools and construct three (3) new high schools; and to construct one (1) additional technical center. More locally, the proposed rezoning case will continue to have a significant impact on the aforementioned schools involved. The existing zoning limits development to a maximum of 740 dwelling units. To date, building permits have been issued for 300 units and 440 units remain to be constructed. The elementary and secondary school students generated by the proposal would continue to push enrollment to capacity and beyond capacity at each school. The five (5) trailers at Hopkins Road Elementary are used for instruction and the fourteen (14) trailers at Falling Creek Middle and the five (5) trailers at Bird High are used for instruction and storage. 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 beyond their capacity. Additionally, the financial impact of residential development on school facilities is addressed in the "Financial Impact on Capital Facilities" section below. The aforementioned units should continue to be subject to full cash proffers, to assist in mitigating the impact that this development would have on schools. Reference the Budget and Management Department's comments on the financial impact of this request as it relates to schools. The chart on the next page offers information on schools' memberships and capacities. The projected student membership and capacity trends at this time indicate that there will be an overall increase in membership at the elementary and secondary levels by 2021. Staff continues to monitor student membership on a regular basis in these areas and membership projections are analyzed and updated annually. 5 13SNO132-2015SEP16-BOS-RPT Residential Yield: 440 Elementary: Hopkins Road 568 tDd% 574 tDtia�% 590 08% Middle: Falling Creek 1,186 97% 1,207 99% 1,384 1 ] :VX/ High: Bud 1,778 88% 1,799 89% 1,832 9ll x% NOTE: * The Student Yield is based on the FY2015 Cash Proffer Methodology as provided by the Chesterfield County Finance Department. NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified in the staff report. Student Membership is based on membership as of 09-30-14. School Capacity is based on the 2014-15 Space Utilization Study. —DISCLAIMER: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS and are based on the September 30 membership for a given year and the Space Utilization Study Report which is conducted every year. The Space Utilization Study is a report that is conducted annually whereby Planning staff conducts a site visit of every school in the county and the Principal reviews his or her floor plan and identifies the use of every classroom. From that information a report is prepared that calculates the Functional Capacity of that school. The school system needs to know how each of their facilities is utilized for funding and space allocation purposes. Again, it is important to note that these numbers change every year. Libraries The Public Facilities Plan, an element of the Comprehensive Plan, recognizes that 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 information services; community support during emergency events; economic development; and revitalization activities. The Plan identifies 6 13SNO132-2015SEP16-BOS-RPT Student Yield From Functional % of Membership, No. of School Name Residential Capacity, Ca pa f:iit;y, 9-30-14 Trailers Development 2014-15 2014-f5 Elementary: Hopkins Road 92 554 544 02% 5 Middle: Falling Creek 49 1,186 1,222 97/0 14 High: Bird 67 1,799 2,020 89/0 5 Total 208 Projected Membership and Capacity Trends Over Time *** Elementary: Hopkins Road 568 tDd% 574 tDtia�% 590 08% Middle: Falling Creek 1,186 97% 1,207 99% 1,384 1 ] :VX/ High: Bud 1,778 88% 1,799 89% 1,832 9ll x% NOTE: * The Student Yield is based on the FY2015 Cash Proffer Methodology as provided by the Chesterfield County Finance Department. NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified in the staff report. Student Membership is based on membership as of 09-30-14. School Capacity is based on the 2014-15 Space Utilization Study. —DISCLAIMER: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS and are based on the September 30 membership for a given year and the Space Utilization Study Report which is conducted every year. The Space Utilization Study is a report that is conducted annually whereby Planning staff conducts a site visit of every school in the county and the Principal reviews his or her floor plan and identifies the use of every classroom. From that information a report is prepared that calculates the Functional Capacity of that school. The school system needs to know how each of their facilities is utilized for funding and space allocation purposes. Again, it is important to note that these numbers change every year. Libraries The Public Facilities Plan, an element of the Comprehensive Plan, recognizes that 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 information services; community support during emergency events; economic development; and revitalization activities. The Plan identifies 6 13SNO132-2015SEP16-BOS-RPT countywide library facility needs. Specifically, the Plan identifies the need to: expand or replace five (5) existing libraries; construct five (5) new libraries; and construct a community arts center. More locally, the proposed development would impact the Central Library or the Meadowdale Library. The Public Facilities Plan identifies the need to expand the Central Library by 6,000 square feet by finishing a shell space within the existing facility. Reference the Budget and Management Department's comments on the financial impact of this request as it relates to libraries. 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. Reference the Budget and Management Department's comments on the financial impact of this request as it relates to parks and recreation. County Department of Transportation: The traffic impact of this development must be addressed. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant is requesting to amend the previously approved cash proffer. Reference the Budget and Management Department's comments on the financial impact of this request as it relates to transportation. Virginia Department of Transportation (VDOT): VDOT staff has no comments concerning this case. Airport: A portion of this site is located within the Airport Operational Area. Plan policies discourage residential uses in this area. However, the residential uses allowed through the previous zoning cases were approved prior to the adoption of the Plan. 7 13SNO132-2015SEP16-BOS-RPT Financial Impact on Capital Facilities: *Based on the number of dwelling units approved (Cases 06SNO237 and 07SN0226) and remaining to be built dwelling units. The actual number of dwelling units and corresponding impact may vary. The original zoning cases (06SN0237 and 07SN0226) were approved in August 2006 and April 2007 respectively. In 06SN0237, Condition 4 proffered a density of 650 units with cash proffers on units in excess of 150 (Condition 11) in the amount of $15,600 (currently escalated by the Marshall and Swift Building Cost Index to $22,245). The approved cash proffer for senior units was $10,269 (currently escalated to $14,641). In 07SN0226, Condition 4 proffered a density of 90 units with cash proffers (Condition 11) on all units in the amount of $15,600 (currently escalated to $20,730). The approved cash proffer for senior units was $10,269 (currently escalated to $13,646). 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 $21,261 per unit. To address the impact of this development on capital facilities, the applicant has requested to amend the previously approved cash proffers to $18,966 per each dwelling for non -age restricted units and $10,602 per dwelling for age restricted units. While appropriate to maintain the cash proffers approved with cases 06SNO237 and 07SN0226, the Board of Supervisors has set the current cash proffer at $18,966, an amount lower than what was approved, in some instances, with the original cases. 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 $10,602 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 13SNO132-2015SEP16-BOS-RPT Per Dwelling Unit Potential Number of New Dwelling Units 440* 1.00 Population Increase 1,223.20 2.78 Number of New Students Elementary 92.21 0.21 Middle 49.39 0.11 High 66.83 0.15 TOTAL 208.43 0.47 Net Cost For Schools $ 4,125,440 $ 9,376 Net Cost for Parks $ 583,880 $ 1,327 Net Cost for Libraries $ 149,600 $ 340 Net Cost For Fire Stations $ 345,840 $ 786 Average Net Cost Roads $ 4,150,080 $ 9,432 TOTAL NET COST $ 9,354,840 $ 21,261 *Based on the number of dwelling units approved (Cases 06SNO237 and 07SN0226) and remaining to be built dwelling units. The actual number of dwelling units and corresponding impact may vary. The original zoning cases (06SN0237 and 07SN0226) were approved in August 2006 and April 2007 respectively. In 06SN0237, Condition 4 proffered a density of 650 units with cash proffers on units in excess of 150 (Condition 11) in the amount of $15,600 (currently escalated by the Marshall and Swift Building Cost Index to $22,245). The approved cash proffer for senior units was $10,269 (currently escalated to $14,641). In 07SN0226, Condition 4 proffered a density of 90 units with cash proffers (Condition 11) on all units in the amount of $15,600 (currently escalated to $20,730). The approved cash proffer for senior units was $10,269 (currently escalated to $13,646). 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 $21,261 per unit. To address the impact of this development on capital facilities, the applicant has requested to amend the previously approved cash proffers to $18,966 per each dwelling for non -age restricted units and $10,602 per dwelling for age restricted units. While appropriate to maintain the cash proffers approved with cases 06SNO237 and 07SN0226, the Board of Supervisors has set the current cash proffer at $18,966, an amount lower than what was approved, in some instances, with the original cases. 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 $10,602 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 13SNO132-2015SEP16-BOS-RPT 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. 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. T ANT) TN -F Comprehensive Plan: The Comprehensive Plan designates the request property as Community Business and Industrial, where C-3 uses that serve community -wide trade areas, and I-2 and limited I-3 uses such as moderate to intense manufacturing and uses which normally have outside storage areas are appropriate. The Plan does not encourage residential development under these two (2) land use designations. It should be noted, however, that the allowable land uses were approved prior to the recent adoption of the Plan. Area Development Trends: Adjacent property to the north, south and west is zoned Residential (R-7) and has been developed or planned for development for residential uses in the Ampthill Gardens, Kings Forest and Watermark Subdivisions. Property to the east, across Route 10, is zoned residential and agricultural and is occupied by single-family residential or office uses or is vacant. In addition, the subject property surrounds the Meridian Watermark Apartments, a multifamily development zoned as part of the original case (06SN0237). The Plan anticipates commercial and industrial uses in this area for the foreseeable future. Zoning History: On August 23, 2006 and April 25, 2007 the Board of Supervisors, upon favorable recommendations from the Planning Commission, approved C-3 zoning with conditional use and conditional use planned development on properties which included the subject property (Cases 06SNO237 and 07SN0226). With the approval of Cases 06SNO237 and 07SNO226 the applicant offered and the Board of Supervisors accepted a cash proffer, intended to address the impact of the residential development on necessary capital facilities. Architectural Standards: The Textual Statements of Cases 06SNO237 and 07SNO226 require the architectural treatment of buildings, including materials, color and style, to be compatible within the Tracts established at the time of approval of those zoning cases. Compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features. In addition, in conjunction with Tentative Subdivision/Site Plan approval, a written and/or graphic description of the planned overall architectural treatment of all buildings is to be submitted to the Planning Department for review and 9 13SNO132-2015SEP16-BOS-RPT approval. These requirements would not be changed as a result of approval of the current request. This required architectural theme statement was submitted (see Attachment 2) and approved on February 13, 2013. CONCLUSION The proffered condition does not adequately address the proposed development's impacts on capital facilities for age -restricted dwellings. Consequently, the County's ability to provide adequate facilities to its citizens will be adversely impacted. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (11/15/12): On their own motion and without the applicant's consent, the Commission deferred this case to their February 19, 2013 public hearing. Staff (11/16/12): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 10, 2012 for consideration at the Commission's February 19, 2013 public hearing. Applicant (1/23/13): The application was amended to clarify the request as an amendment of conditional use instead of an amendment of zoning. Planning Commission Meeting (2/19/13): On their own motion and with the applicant's consent, the Commission deferred this case to their May 21, 2013 public hearing. Staff (2/20/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 11, 2013 for consideration at the Commission's May 21, 2013 public hearing. 10 13SNO132-2015SEP16-BOS-RPT Staff (4/25/13): To date, no new information has been received. Planning Commission Meeting (5/21/13): On their own motion and with the applicant's consent, the Commission deferred this case to their July 16, 2013 public hearing. Staff (5/22/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than May 28, 2013 for consideration at the Commission's July 16, 2013 public hearing. Staff (6/14/13): To date, no new information has been received. Applicant (7/8/13): A proffered condition and a pattern book of development standards were submitted. Planning Commission Meeting (7/16/13): On their own motion and with the applicant's consent, the Commission deferred this case to their September 17, 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 Commission's September 17, 2013 public hearing. Staff (8/29/13): To date, no new information has been received. 11 13SNO132-2015SEP16-BOS-RPT Planning Commission Meeting (9/17/13): On their own motion and with the applicant's consent, the Commission deferred this case to their November 19, 2013 public hearing. Staff (9/17/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than September 23, 2013 for consideration at the Commission's November 19, 2013 public hearing. Applicant (9/26/13): Revised proffered conditions were submitted. Applicant (10/2, 10/15, 10/23 and 11/8/13): Revised proffered conditions and a revised design guidelines manual were submitted. Planning Commission Meeting (11/19/13): At the request of the applicant, the Commission deferred this case to their January 21, 2014 public hearing. Staff (11/21/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than November 25, 2013 for consideration at the Commission's January 21, 2014 public hearing. Also, the applicant was advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. Staff (12/19/13): To date, no new information has been received, nor has the $1,000.00 deferral fee been paid. Planning Commission Meeting (1/21/14): Due to inclement weather, the Planning Commission meeting was postponed to January 23, 2014. 12 13SNO132-2015SEP16-BOS-RPT Staff (1/21/14): Schools submitted revised comments to reflect current school functional capacities based on the 2013-14 Space Utilization Study as well as current school trailer data. Applicant (1/23/14): The deferral fee was paid. Planning Commission Meeting (1/23/14): At the request of the applicant, the Commission deferred this case to their March 18, 2014 public hearing. Staff (1/24/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 27, 2014 for consideration at the Commission's March 18, 2014 public hearing. Also, the applicant was advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. Staff (2/14/14): To date, no new information has been received, nor has the deferral fee been paid. Applicant (3/18/14): The deferral fee was paid. Planning Commission Meeting (3/18/14): At the request of the applicant, the Commission deferred this case to their July 15, 2014 public hearing. 13 13SN0132-2015SEP16-BOS-RPT Staff (3/19/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than May 5, 2014 for consideration at the Commission's July 22, 2014 public hearing. Also, the applicant was advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. Planning Commission (5/22/14): Due to the planned renovations to the public meeting room, the Commission rescheduled their July 15, 2014 public hearing to July 22, 2014. Staff (6/19/14): Revised comments were received from School Board Administration expanding on their previous comments by providing school membership and capacity projections for future years. To date, no new or revised information has been received from the applicants, nor has the deferral fee been paid. Planning Commission Meeting (7/22/14): On their own motion and with the applicant's consent, the Commission deferred this case to their October 21, 2014 public hearing. Staff (7/23/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than August 11, 2014 for consideration at the Commission's October 21, 2014 public hearing. Staff (9/18/14): To date, no new information has been received. 14 13SNO132-2015SEP16-BOS-RPT Planning Commission Meeting (10/21/14): At the request of the applicant, the Commission deferred this case to their January 20, 2015 public hearing. Staff (10/22/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than November 10, 2014 for consideration at the Commission's January 20, 2015 public hearing. The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. Staff (12/23/14): To date, no new information has been received, nor has the deferral fee been paid. Planning Commission Meeting (1/20/15): At the request of the applicant, the Commission deferred this case to their March 17, 2015 public hearing. Staff (1/23/15): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 28, 2015 for consideration at the Commission's March 17, 2015 public hearing. The applicant was also advised that a $2,000.00 deferral fee must be paid prior to the Commission's public hearing. NOTE: ALSO IT HAS BEEN FOUND THAT THE APPLICANTS OWE 2 PAST FEES OF $1,000 EACH. Applicant (2/9/15) All deferral fees were paid. 15 13SNO132-2015SEP16-BOS-RPT Staff (3/2/15): To date, no new information has been received. Planning Commission Meeting (3/17/15): At the request of the applicant, the Commission deferred this case to their June 16, 2015 public hearing. Staff (3/18/15): The applicant was advised in writing that any significant, new or revised information should be submitted no later than April 6, 2015 for consideration at the Commission's June 16, 2015 public hearing. The applicant was also advised that a $2,000.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (5/13/15, 5/29/15, 6/9/15 and 6/11/15): A revised proffered condition was submitted. The $2,000.00 deferral fee has not been paid. Planning Commission Meeting (6/16/15): The applicant did not accept staff's recommendation, but did accept the Planning Commission's recommendation. The applicant noted that the original cases allowed for a reduced cash proffer for age - restricted dwellings, and that this proposal represents a recalibration of those figures. There were no citizens to speak for or against this case. There was discussion among the Commission about the Board historically accepting a reduced cash proffer for age -restricted dwellings. It was noted the Board would be reviewing the Policy and any Policy changes should be at the Board level. On motion of Dr. Brown, seconded by Mr. Gulley, the Commission recommended approval and acceptance of the proffered condition on page 2 and 3. AYES: Messrs. Brown, Gulley, Patton, Waller, and Wallin. 16 13SNO132-2015SEP16-BOS-RPT Staff (6/18/15): To date, no new or revised information has been received, nor has the $2,000.00 deferral fee been paid. Board of Supervisors Meeting (7/22/15): At the request of the applicant, the Board deferred this case to their September 16, 2015 public hearing. Staff (7/22/15): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 28, 2015 for consideration at the Commission's September 16, 2015 public hearing. The applicant was also advised that a $2,000.00 deferral fee must be paid prior to the Commission's public hearing. The Board of Supervisors, on Wednesday, September 16, 2015 beginning at 6:30 p.m., will take under consideration this request. 17 13SN0132-2015SEP16-BOS-RPT Condition to be amended from Case 06SNO237 with approval of Case 13SNO132 11. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of any residential building permit for infrastructure improvements within the service district for the Property in excess of 150 dwelling units: A. $15,600.00 per dwelling unit if paid prior to July 1, 2006. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $15,600.00 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2005 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2006. B. Provided, however, that if any residential building permits issued on the Property are for senior housing, as defined in the proffer on age -restriction, the applicant, sub -divider, or assignee(s) shall pay $10,269.00 per unit to the County of Chesterfield, prior to the time of issuance of a residential building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2006. The $10,269.00 for any units developed shall be allocated pro -rata among the facility costs as follows: $602 for parks, $348 for library facilities, $404 for fire stations, and $8,915 for roads. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $10,269 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2005 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2006. C. 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 toward, but not in addition to, any impact fees, in a manner as determined by the county. 13SN0132 —Attachment 1 Condition to be amended from Case 07SNO226 with approval of Case 13SNO132 11. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of any residential building permit for infrastructure improvements within the service district for the Property: A. $15,600.00 per dwelling unit if paid prior to July 1, 2007. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $15,600.00 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. B. Provided, however, that if any residential building permits issued on the Property are for senior housing, as defined in the proffer on age -restriction, the applicant, sub -divider, or assignee(s) shall pay $10,269.00 per unit to the County of Chesterfield, prior to the time of issuance of a residential building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2007. The $10,269.00 for any units developed shall be allocated pro -rata among the facility costs as follows: $602 for parks, $348 for library facilities, $404 for fire stations, and $8,915 for roads. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $10,269 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. C. 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 toward, but not in addition to, any impact fees, in a manner as determined by the county. 13SN0132 —Attachment 1 ♦' al WATERMARK TOWNHOMES ARCHITECTURAL THEME NARRATIVE The townhouse and small detached units shall be traditional or transitional with traditional detailing which may include a variety of architectural features, materials and color palettes to provide architectural variety throughout the community. Highly stylized houses with overstated eclectic design elements, houses with overly mixed styles shall not be permitted. Exterior facades which face a public street shall have a formal arrangement and organization of all elements provided in the elevation, which elements shall include doors, and windows, and a varied application of porches, stoops, columns, cornices, trim details such as shutters, quoins, jack arches and the like. Houses shall utilize simple rectangular massing with traditional gable, hip and/or shed roofs as appropriate to the size and shape of the house. Single family detached homes and attached townhouse rows with the same elevations may not be located adjacent to, or facing directly across from each other on the same street. This requirement does not apply to homes on different streets backing up to each other or houses or townhomes which are diagonal from each other across streets. The same color schemes may not be used on adjacent houses or townhouse rows or on houses or townhouse rows directly across from each other. Single family detached houses with garages that face a public street shall incorporate architectural features to mitigate the visual impact of the garage door. These features shall include decorative lintels or shed roof overhangs above the doors and garage door treatments such as raised panel or carriage house styles. Flat front garage doors will not be permitted. r -1 1 � ,w � ,fie • ��� y � "` � ,,ti � � ¢..� JANUARY 24, 2013 �U DIRE,C'iuA rjha iiwNu DEPT.