13SN0132
CASE MANAGER: Robert Clay
November 15, 2012 CPC
February 19, 2013 CPC
May 21, 2013 CPC
July 16, 2013 CPC
September 17, 2013 CPC
November 19, 2013 CPC
BS Time Remaining:
January 21, 2014 CPC
365 days
January 23, 2014 CPC
March 18, 2014 CPC
July 22, 2014 CPC
October 21, 2014 CPC
January 20, 2015 CPC
March 17, 2015 CPC
June 16, 2015 CPC
July 22, 2015 BS
September 16 2015 BS
February 24, 2016 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
13SN0132
(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 06SN0237 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
06SN0237 and 07SN0226 to reduce the cash proffer. Specifically, these
amendments address the following:
Providing a FIRST CHOICE community through excellence in public service
For non-age restricted dwellings, reduce the cash proffer to the Board’s
maximum acceptable cash proffer;
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.
RECOMMENDATION
The applicants haverequested a deferral of this case to the Board’s April 27, 2016public hearing
to allow time for themto update the zoning application to remove parcels that are no longer
under their ownership.Staff supports a deferral to provide time for the applicants to make any
necessary changes to the applicationand for staff to respond to these modifications.
A deferral to the April 27, 2016 public hearing would require the submittal of any new or revised
information no later than March 7, 2016. If this deadline cannot be met, a longer deferral may be
appropriate.
______________________________________________________________________________
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 toclarify 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.
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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.
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.
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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.
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.
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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.
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.
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Also, the applicant wasadvised 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.
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.
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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 August11, 2014 for consideration at the Commission’s
October 21, 2014 public hearing.
Staff (9/18/14):
To date, no new information has been received.
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.
7 13SN0132-2016FEB14-BOS-DEF
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.
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.
8 13SN0132-2016FEB14-BOS-DEF
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, 5/29/15,6/9/15and6/11/15):
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 reducedcash 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.
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.
9 13SN0132-2016FEB14-BOS-DEF
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.
Applicant (9/2/15)
All deferral fees were paid.
Staff (9/2/15):
To date, no new information has been received.
Board of Supervisors Meeting (9/16/15):
At the request of the applicant, the Board deferred this case to their February 24, 2016
public hearing.
Staff (9/16/15):
The applicantswereadvised in writing that any significant, new or revised information
should be submitted no later than December 7, 2015 for consideration at the Board’s
February24, 2016public hearing.
The applicantswerealso advised that a $2,000.00 deferral fee must be paid prior to the
Board’s public hearing.
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Applicant (11/20/15, 1/28/16, 2/10/16and2/11/16):
A revised proffered condition was submittedon 1/28/16, 2/10/16 and 2/11/16.
All deferral fees were paid on November 20, 2015.
The Board of Supervisors, on Wednesday, February 24, 2016 beginning at 6:30 p.m., will take
under consideration this request.
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