Loading...
13SN0132CASE NUMBER: 13SNO132 APPLICANTS: Chesterfield Business Partners LLC and Kingsland Towncenter LLC CHESTERFIELD COUNTY, VIRGINIA Magisterial District: DALE ADDENDUM 6900 Iron Bridge Road S 1749 hRG 9 0�0 Request Property Board of Supervisors (BOS) Public Hearing Date: April 27, 2016 BOS Time Remaining: 365 DAYS sLgNa c( x Applicants' Agent W JACK R. WILSON III PLC o (804-425-9474) m Applicants' Contact: o DAVID CLOAK (804-672-4841) Planning Department Case Manager: w JANE PETERSON (804-748-1045) s S APPLICANTS' REQUEST (AMENDED) Amendment of conditional use (Cases 06SNO237 and 07SN0226) relative to reduction of cash proffers in a Community Business (C-3) District. Notes: A. Conditions maybe imposed or the property owner may proffer conditions. B. Architectural theme statement is provided in Attachment. ADDENDUM The purpose of this Addendum is to provide an attachment referenced in the report. The "Architectural Standards" section of the "Request Analysis references an architectural theme statement required by Cases 06NS0237 and 07SN0226. This attachment was inadvertently omitted from the report and is provided on the next page. Staff continues to recommend the case be remanded to the Commission for reasons noted in the "Request Analysis". Providing a FIRST CHOICE community through excellence in public service ATTACHMENT ARCHITECTURAL THEME 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. L�Y`'Tr+T7r, rvv� .. ;: � ; . Vii✓ �"��►3_.,J `I 1�4. of iol DMIM10A rwO uihu DEPT. P•= ('�� apt. ' JANUARY 24, 2013 13S N 0132-2016AP RI L27-BOS-AD D CASE MANAGER: Robert Clay April 27, 2016 BS BSTime Remaining: 365days 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: Reduce the cash proffer and allocate entirely to parks and fire;and Delay the escalator, as outlined in the Cash Proffer Policy. (NOTE: IN ORDER FOR THE BOARD OF SUPERVISORSTO CONSIDER THIS REQUEST AT THEIR APRIL 27, 2016MEETING, A $2,000.00DEFERRAL FEE MUST BE PAID PRIOR TO THE PUBLIC MEETING.) Providing a FIRST CHOICE community through excellence in public service PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGES 2AND3. AYES: UNANIMOUS STAFF RECOMMENDATION Since the Commission’s consideration of this case, the applicant has amended the proffered conditionrelative to cash proffers. The amended proffer is significantly less than that which the Commission considered. Given the change, the case is substantially different than that acted upon by the Commission. Therefore, staff recommends the case be remanded to the Commission for their reevaluation and reconsideration. However, should the Board not wish to remand the case, staff recommendsdenial for the following reason: The proffered condition does not adequately address the proposed development’s impacts on capital facilities. 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.) PROFFERED CONDITION (THE FOLLOWINGPROFFERED CONDITION HAS BEEN WITHDRAWN, BUT WAS THE CONDITION CONSIDERED BY THE COMMISSION. WITH THE EXCEPTION OF THE REDUCTION IN THE AMOUNT FOR AGE RESTRICTED UNITS, THE PROFFER WAS CONSISTENT WITH THE BOARD’S POLICY. THE COMMISSION INDICATED THAT THE PROFFER WAS CONSISTENT WITH PREVIOUS BOARD ACTION FOR AGE RESTRICTED DEVELOPMENTS.) (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 2 13SN0132-2016APR27-BOS-RPT applicant, sub-divider, or assignee(s) shall pay $10,602.00per 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 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) (THE FOLLOWING PROFFERED CONDITIONWASSUBMITTED SUBSEQUENT TO THE COMMISSION’S CONSIDERATION. THE PROFFER FAILS TO ADDRESS ANY OF THE IMPACTS ON SCHOOLS, LIBRARIES AND ROADS, AND ONLY ADDRESSES THE IMPACTS ON PARKS AND FIRE.THE PROFFER NO LONGER MAKES REFERENCE TO AGE RESTRICTED UNITS.) 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 improvementswithin the service district for the property, unless state law prevents enforcement of that timing: a.$1,788.00 per dwelling unit, allocated on a pro-rata basis among the categories for parks and fire, for the period beginning the July 1 preceding the Board of Supervisors’ approval of the case through July 1 five 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.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) 3 13SN0132-2016APR27-BOS-RPT GENERAL INFORMATION Location: The request property is locatedfronting the west line of Iron Bridge Road and the north and south lines of Kingland Glen Drive. Tax IDs 770-677-2778, 4773 and 9777; 770-678-8131; 771-676-9014; 771-677-1194, 1299, 1474, 1896, 2275, 2368, 2674 and 2766; 771-678-1303 and 1900; 772-676-2999; and 772-677-3568. Existing Zoning: C-3 Size: 93acres 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 UTILITIES Public Water and Wastewater Systems: Connection to the public water and wastewater systems is required per proffered conditions of Cases 06SN0237 and 07SN0226. ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. 4 13SN0132-2016APR27-BOS-RPT 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 Planand Capital Improvement Programand further detailed by specific departments in the applicable sections of this request analysis. Fire Service: ThePublic Facilities Plan as part of the Comprehensive Planindicates 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 Planalso recommends the replacement/revitalization of four (4) existing stations. Based on (413) dwelling units, this request will generate approximately (79) 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 Plansuggests 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 which they serve. The Public Facilities Plan, an element of the Comprehensive Plan, identifies countywide school facility needs. Specifically, the Planidentifies 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, 413units remain to be constructed.The elementary and secondary school students generated by the proposal wouldcontinue 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 5 13SN0132-2016APR27-BOS-RPT 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 mitigatingthe 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 following page offers information on schools’ memberships and capacities. The projectedstudent 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. 6 13SN0132-2016APR27-BOS-RPT IMPACT OF DEVELOPMENT ANALYSIS: Residential Yield: 413 Student Yield Functional % of From Membership, No. of SchoolNameCapacity, Capacity, Residential 9-30-15Trailers 2015-162015-16 Development * Elementary: 88104% Hopkins Road5875645 Middle: 4695% Falling Creek1,1891,25514 High: 6391% Bird1,8292,0205 Total 197 Projected Membership and Capacity Trends Over Time *** Projected % of Projected % of Projected % of SchoolNameMembership, 9-Capacity, Membership, Capacity, Membership, Capacity, 30-16 2016-179-30-17 2017-189-30-22 2022-23 Elementary: 600106%582103%590105% Hopkins Road Middle: 1,19795%1,23899%1,377110% Falling Creek High: 1,84491%1,84091%1,90694% Bird NOTE: * The Student Yield is based on the FY2016 Cash Proffer Methodology as provided by the Chesterfield County Budget & Finance Department. Student Membership is based on membership as of 09-30-15. School Capacity is based on the 2015-16 Space Utilization Study. ANDANNUAL *** DISCLAIMER: Please note that Projected Membership Functional Capacity are updated on an 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. 7 13SN0132-2016APR27-BOS-RPT 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 Planidentifies countywidelibraryfacility needs. Specifically, the Planidentifies 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 Planidentifies 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 Planidentifies 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 Planalso identifies the need for urban parks within mixed use developments to compliment and provide linkages to the County’s park system. The Planidentifies the need for linear parks & trails and resource-based special purpose parks \[historical, cultural and environmental\] and makes suggestions for their locations. The Planalso addresses the need to expand existing park sites to meet level of service standards. The Planalso 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. 8 13SN0132-2016APR27-BOS-RPT Airport: A portion of this site is located within the Airport Operational Area. Planpolicies 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. Financial Impact on Capital 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 Adopted Capital Improvement Program and further detailed by specific departments in the applicable sections of this request analysis. 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 $22,743). The case was approved with a cash proffer of $10,269 for senior units (currently escalated to $14,963). 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 escalatedto $21,186). The case was approved with a cash proffer of $10,269 for senior units (currently escalated to $13,946). 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 $23,418 per unit. On June 16, 2016, the Planning Commission recommended approval of this case based the applicant’s request to amend the previously approved cash proffers to $18,966 for each non-age restricted units and $11,152 for each age restricted units. However, since that meeting, the applicant has revised the cash proffer amount. Currently, the applicant is requesting to further reduce the previously approved cash proffer to $1,778 per dwelling unit, which would be allocated entirely to parks and fire. This current request would allow for the payment amount to remain at $1,788 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. As proposed in this current request, the applicant would be relieved of approximately $8.5 million that was previously proffered by the applicant, and approved by the Board, to address this development’s impact on capital facilities. Please reference the chart below for additional financial information regarding the applicant’s request. Furthermore, since originally filing this application, Watermark Townhomes Section 1 has been recorded. Therefore, the potential number of units has been updated to reflect the parcels/lots actually included with this request. Nine of the 36 newly recorded lots in this application would be subject to the conditions of this request. The remaining 27lots are not included in this application and would be subject to the previously approved zoning case 06SN0237. As identified on the recorded subdivision plat for Watermark Townhomes Section 1, lots 5-8 and 27-31 would be subject to the conditions of thisCase (13SN0132); whereas, lots 1-4, 9-26, and 32-36 would remain subject to Case 06SN0237. 9 13SN0132-2016APR27-BOS-RPT The applicant has not proffered any other measures to mitigate the impacts of this request on capital facilities. Consequently, the County’s ability to provide adequate facilities to its citizens will be adversely impacted. 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. It is appropriate to retain the cash proffer amount as previously approved or even to reduce the previously approved amount to the current Board maximum of $18,966; thereby helping to defray the cost of the capital facilities necessitated by this proposed development. 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. 413* Per Dwelling Unit Impact on Capital Facilities Potential Units Cash Proffer Cash Proffer FY16 Current Variance Facilityon Existing on Existing Applicant Calculated BOS from Proposal CategoriesZoning Zoning ImpactMaximum Maximum (1)(2) (06SN0237)(07SN0226) Schools$9,648$7,771$7,240$7,814$0($7,814) Parks$1,347$877$818$1,091$1,091$0 Libraries$318$507$472$258($258) Fire Stations$861$589$549$697$697$0 Roads$11,244$12,990$12,107$9,106($9,106) Total$23,418$22,734$21,186$18,966$1,788($17,178) Overall Impact on Capital Facilities Schools$3,984,624$3,162,797$43,440$3,227,182$0($3,227,182) Parks$556,311$356,939$4,908$450,583$450,583$0 Libraries$131,334$206,349$2,832$106,554$0($106,554) Fire Stations$355,593$239,723$3,294$287,861$287,861$0 Roads$4,643,772$5,286,930$72,642$3,760,778$0($3,760,778) Total$9,671,634$9,252,738$127,116$7,832,958$738,444($7,094,514) *Based on the number of approved (06SN0237 and 07SN0226) and remaining to be built dwelling units. The actual number of dwelling units and corresponding impact mayvary. (1) Case 06SN0237 has 407 remaining units to be built. Overall impact on capital facilities is calculated based on this number. (2) Case 07SN0226 has six remaining units to be built. Overall impact on capital facilities is calculated based on this number. 10 13SN0132-2016APR27-BOS-RPT LAND USE Comprehensive Plan: The Comprehensive Plandesignates 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 areasare appropriate. The Plandoes 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 Plananticipates 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 06SN0237 and 07SN0226). With the approval of Cases 06SN0237 and 07SN0226 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 06SN0237 and 07SN0226 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 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. 11 13SN0132-2016APR27-BOS-RPT CONCLUSION The proffered condition does not adequately address the proposed development’s impacts on capital facilities. Consequently, the County’s ability to provide adequate facilities to its citizens will be adversely impacted. Given these considerations, denialof thisrequest is recommended. CASE HISTORY Applicant Submittals 8/31/2012 Application submitted 1/23/2013 Application amended 2/18/2016 Application amended 7/8/2013 Revised proffered condition and pattern book of development standards were submitted 9/26/2013 Revised proffered condition were submitted 10/2, Revised proffered conditions and a revised design guidelines manual were 10/15, submitted 10/23 and 11/8/2013 1/28, 2/10 Revised proffered conditions were submitted and 2/11/2016 3/23/2016 Revised proffered condition submitted Planning Commission Meetings 11/15/2012 On their own motion and without the applicant’s consent, the Commission deferred this case to their February 19, 2013 public hearing. 2/19/2013 On their own motion and with the applicant’s consent, the Commission deferred this case to their May 21, 2013 public hearing. 5/21/2013 On their own motion and with the applicant’s consent, the Commission deferred this case to their July 16, 2013 public hearing. 7/16/2013 On their own motion and with the applicant’s consent, the Commission deferred this case to their September 17, 2013 public hearing. 9/17/2013 On their own motion and with the applicant’s consent, the Commission deferred this case to their November 19, 2013 public hearing. 12 13SN0132-2016APR27-BOS-RPT 11/19/2013 At the request of the applicant, the Commission deferred this case to their January 21, 2014 public hearing. 1/23/2014 Due to inclement weather, the Planning Commission meeting scheduled for January 21, 2014 was postponed to January 23, 2014. At the request of the applicant, the Commission deferred this case to their March 18, 2014 public hearing. 3/18/2014 At the request of the applicant, the Commission deferred this case to their July 15, 2014 public hearing. 7/22/2014 Due to planned renovations to the public meeting room, the Commission rescheduled their July 15, 2014 public hearing to July 22, 2014. On their own motion and with the applicant’s consent, the Commission deferred this case to their October 21, 2014 public hearing. 10/21/2014 At the request of the applicant, the Commission deferred this case to their January 20, 2015 public hearing. 1/20/2015 At the request of the applicant, the Commission deferred this case to their March 17, 2015 public hearing. 3/17/2015 At the request of the applicant, the Commission deferred this case to their June 16, 2015 public hearing. 6/16/2015 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. 13 13SN0132-2016APR27-BOS-RPT Board of Supervisors Meetings 7/22/2015 At the request of the applicant, the Board deferred this case to their September 16, 2015 public hearing. 9/16/2015 At the request of the applicant, the Board deferred this case to their February 24, 2016 public hearing. 2/24/2016 At the request of the applicant, the Board deferred this case to their April 27, 2016 public hearing. The Board of Supervisors on Wednesday, April 27, 2016, beginning at 6:30 p.m., will consider this request Deferral Fees 1/23/2014 Fee from 11/19/2013 deferral paid 3/18/2014 Fee from 1/23/2014 deferral paid 2/9/2015 Fees from 3/18/2014, 10/21/2014 and 1/20/2015 deferrals paid 9/2/2015 Fees from 3/17/2015 and 7/22/2015 deferrals paid 11/20/2015 Fee from 9/16/2015 deferral paid 3/31/2016 To date, fee from 2/24/2016 deferral has not been paid 14 13SN0132-2016APR27-BOS-RPT 15 13SN0132-2016APR27-BOS-RPT Condition to be amended from Case 06SN0237 with approval of Case 13SN0132 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 . 16 13SN0132-2016APR27-BOS-RPT Condition to be amended from Case 07SN0226 with approval of Case 13SN0132 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. Cash proffer payments shall be spent for the purposes proffered or as otherwise C. 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. 17 13SN0132-2016APR27-BOS-RPT