Loading...
16SN0567 CASE NUMBER: 16SN0567 APPLICANT: Chesterfield County Board of Supervisors CHESTERFIELD COUNTY, VIRGINIA Magisterial District: BERMUDA ADDENDUM 4301 Fountain Square Plaza Board of Supervisors (BOS) Public Hearing Date: DECEMBER 16, 2015 BOS Time Remaining: 365 DAYS Applicant’s Agent: KIRKLAND A. TURNER (804-748-1049) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANT’S REQUEST Amendment of zoning (Case 13SN0520) relative to the modification of in-kind improvements to permit a cash proffer paymentin a Community Business (C-3) District. A thirty-seven (37) dwelling unit multi-family apartment building is planned. To mitigate the building’s impact on capital facilities, the developer committed to construct in-kind improvements (between forty (40) and seventy (70) parking spaces) at the Chester Library, prior to the issuance of a certificate of occupancy for any dwelling unit. The applicant now requests the option to provide a lump-sum payment of $201,600 to the county prior to the issuance of a certificate of occupancy for any dwelling unit rather than constructing the in-kind improvements. The lump-sum payment of $201,600 would be used for parking lot improvements to serve the Chester Library. Note: Conditions may be imposed or the property owner may proffer conditions. ADDENDUM The purpose of this Addendum is to advise the Board of the Commission’s action for this case. The Planning Commission held a public hearing on this case at their meeting on December 15, 2015. The Commission’s recommendation is provided on the following page. Staff continues to recommend approval of this request as outlined on the following page. Providing a FIRST CHOICE community through excellence in public service RECOMMENDATION PLANNING RECOMMEND APPROVAL COMMISSION (12/15/2015) RECOMMEND APPROVAL STAFF Minor modification to an approved cash proffer contribution Value of in-kind improvements or lump-sum payment is equal CASE HISTORY Applicant Submittals 10/28/15 Application initiated by Board of Supervisors 11/5/15 Application filed by the agent for the Board of Supervisors Planning Commission Meeting 12/15/15 Citizen Comments: No one spoke to the case. Commission Discussion: Mr. Pattonnoted he was ready to make a motion to recommend approval of the request. Action – RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION IN ATTACHMENT 1 OF THE “REQUEST ANALYSIS.” Motion: Patton Second: Wallin AYES: Gulley, Waller, Brown, Patton and Wallin The Board of Supervisors on Wednesday, December 16, 2015, beginning at 6:30 p.m., will consider this request. 216SN0567-2015DEC16-BOS-ADD CASE NUMBER: 16SN0567 APPLICANT: Chesterfield County Board of Supervisors CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: BERMUDA 4301 Fountain Square Plaza AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: DECEMBER 16, 2015 BOS Time Remaining: 365 DAYS Applicant’s Agent: KIRKLAND A. TURNER (804-748-1049) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANT’S REQUEST Amendment of zoning (Case 13SN0520) relative to the modification of in-kind improvements to permit a cash proffer paymentin a Community Business (C-3) District. A thirty-seven (37) dwelling unit multi-family apartment building is planned. To mitigate the building’s impact on capital facilities, the developer committed to construct in-kind improvements (between forty (40) and seventy (70) parking spaces) at the Chester Library, prior to the issuance of a certificate of occupancy for any dwelling unit. The applicant now requests the option to provide a lump-sum payment of $201,600 to the county prior to the issuance of a certificate of occupancy for any dwelling unit rather than constructing the in-kind improvements. The lump-sum payment of $201,600 would be used for parking lot improvements to serve the Chester Library. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Proffered conditions and Exhibit A are located in Attachments 1 and 3. RECOMMENDATION THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT PLANNING THEIR MEETING ON TUESDAY, DECEMBER 15, 2015. STAFF WILL COMMISSION ADVISE THE BOARD OF THE COMMISSION’S ACTION AFTER THEIR (12/15/2015) MEETING. RECOMMEND APPROVAL STAFF Minor modification to an approved cash proffer contribution Value of in-kind improvements or lump-sum payment is equal 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 216SN0567-2015DEC16-BOS-RPT 316SN0567-2015DEC16-BOS-RPT Map 2: Comprehensive Plan (The Chester Plan) Classification: NEIGHBORHOOD MIXED USE This designation suggests the properties are appropriate for a mix of neighborhood scale retail and service, professional and administrative offices, along with residential developments of varying densities. Map 3: Surrounding Land Uses & Development Fountain Square Plaza Chester Library & Future Chesterfield Center for the Arts Planned Parking Area Commercial & Office Uses 416SN0567-2015DEC16-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Rezoning from A and R-7 to C-3 of 83.9 acres plus Conditional Use Planned Development to permit use and bulk exceptions on this tract and an adjacent 10.3 acre Approved 95SN0309 tract (09/27/1995) Mixed use development with multi-family uses to include over-shop housing and commercial uses Amendment of Conditional Use Planned Development Denied 12SN0225 (95SN0309) relative to density, tract acreage and delete (11/28/2012) the cash proffer. Amendment of zoning (95SN0309) relative to the modification of cash proffers. Approved 13SN0520 In-kind improvements of parking spaces at the Chester (08/28/2013) Library were offered by applicant Attachment 2 PROPOSAL A thirty-seven (37) unit multi-family apartment building is proposed for the request properties. On September 25, 2015, a site plan for the apartment building was approved. Proffered conditions from Case 13SN0520 will continue to regulate the architecture, building materials, and the maximum number of bedrooms for each dwelling unit. 516SN0567-2015DEC16-BOS-RPT FINANCIAL IMPACT ON CAPITAL FACILITIES Budget and Management Staff Contact: Meghan Coates(804-717-6220) coatesm@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 applicant has requested to amend Condition D of 13SN0520. The proffer still includes the option to provide in-kind improvements to serve the parking needs of the Chester Library and future Chesterfield Center for the Arts. The applicant is still proffering to provide a minimum of 40 spaces, and up to 70 spaces, provided the cost does not exceed $201,600. Should the cost of 40 spaces be less than $201,600, the applicant would continue to provide additional spaces until that dollar threshold has been reached. The update to condition D includes the option to provide a lump-sum payment of $201,600 to the county prior to the issuance of a certificate of occupancy for any dwelling unit rather than constructing the improvements themselves. The Cash Proffer Policy also allows a rezoning application within five years of the original case’s approval to be evaluated to determine if the application constitutes a minor modification. If so, the Board of Supervisors may determine that the previously accepted cash proffer amount, if offered, adequately addresses the capital impacts of the modified development proposal (Section B.6.). The Board previously approved this case with the proffers as written and there is no change in density requested. This proposal doesn’t materially affect the proffers as approved in 13SN0520 and falls within the five year window for minor modifications. Note that circumstances relevant to this case, as presented by the applicant, have been reviewed, and it has been determined that, due to this change being considered a minor modification, it is appropriate to accept the proposed modified condition D as offered in this case. 616SN0567-2015DEC16-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov PARKS AND RECREATION Staff Contact: Brian Geouge (804-318-8720) geougeb@chesterfield.gov LIBRARIES Staff Contact: Jennifer Stevens(804-751-4475) stevensj@chesterfield.gov SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net The applicant’s request is a minor modification of an approved proffer condition for in-kind improvements at the Chester Library and future Chesterfield Center for the Arts. With this request providing the developer an option to provide in-kind improvements for parking spaces adjoining the Chester Library or equivalent cash proffer payment, no objection to the applicant’s revision of Proffered Condition D (Attachment 1) is noted. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov County Department of Transportationhas no comment on this request. 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 716SN0567-2015DEC16-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The request will not impact the public water and wastewater systems. ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Environmental Engineering has no comment on this request. 816SN0567-2015DEC16-BOS-RPT CASE HISTORY Applicant Submittals 10/28/15 Application initiated by Board of Supervisors 11/5/15 Application filed by the agent for the Board of Supervisors Planning Commission Meeting 12/15/15 This case is double advertised. If the Planning Commission acts on this case at their December 15, 2015 public hearing, the case will be heard by the Board of Supervisors on Wednesday, December 16, 2015. The Board of Supervisors on Wednesday, December 16, 2015, beginning at 6:30 p.m., will consider this request. 916SN0567-2015DEC16-BOS-RPT ATTACHMENT 1 PROFFERED CONDITION The Applicant hereby amends Condition D of Case 13SN0520 to read as follows: At the County’s option, the Applicant, sub-divider, or assignee(s) shall provide one of either A. or B. as described below: A.Cash Proffers. The applicant, sub-divider, or assignee(s) shall pay $201,600 to the County of Chesterfield, upon issuance of a certificate of occupancy for any dwelling unit on the subject property. The payment shall be used for parking lot improvements to serve the Chester Library. Or, B.In-Kind-Improvements.The Applicant shall provide parking lot improvements, acceptable to the County, to serve the Chester Library (the “Improvements”). For the purposes of this proffer, the improvements shall include all work necessary to complete at least 40 parking spaces of the 70 space parking lot shown on Exhibit A, dated July 26, 2013, attached hereto. The Improvements shall include, but not be limited to, engineering, relocating utilities and construction (including labor, materials, and overhead). Should the cost of the initial 40 spaces be less than $201,600, the developer shall continue to construct additional parking spaces until funds expended total $201,600. The Improvements shall be completed upon issuance of a certificate of occupancy for any dwelling unit on the subject property. Construction bids for the Improvements shall be reviewed and accepted by the County prior to the issuance of a Land Disturbance Permit for said Improvements. (B & M) 1016SN0567-2015DEC16-BOS-RPT ATTACHMENT 2 APPROVED PROFFERED CONDITION D (13SN0520) 1116SN0567-2015DEC16-BOS-RPT 1216SN0567-2015DEC16-BOS-RPT ATTACHMENT 3 EXHIBIT A 1316SN0567-2015DEC16-BOS-RPT