07SN0161
p
.
Noyember 16,2006 CPC
Decem.ber 11,2006 CPC
January 24, 2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SNO 161
Stylecraft Homes of Virginia
Midlothian Magisterial District
Watkins Elementary, Midlothian Middle, and Midlothian High School Attendance Zones
West line of Coalfield Road
REQUEST: Amendment to Conditional Use Planned Development (Case 94SN0138) to delete
age restriction for occupancy. Specifically, an amendment to Proffered Condition
3 relative to the cash proffer for non-age restricted units and deletion of Proffered
Condition 8 and Textual Statement Item 4 for Tract 2 relative to the number of
non-age restricted units permitted is proposed.
PROPOSED LAND USE:
A residential townhouse development, recorded as Abbey Village, IS under
construction.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION.
STAFF RECOMMENDATION
Recommend denial for the following reason:
The proposal fails to address the impacts of this development on capital facilities, as
outlined in the Zoning Ordinance and Comprehensive Plan consistent with the Board of
Supervisors' policy. Specifically, the needs for roads, schools, parks, libraries and fire
stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital
Improvement Program, and the impact of this development is discussed herein. The
proffered condition addresses the impact on school facilities, but fails to adequately
address the impacts on roads, parks. libraries and fire stations. Consequently the county's
Prul."lding a rTRST CHOICE community through excellence in public sClyice
ability to provide adequate roads, parks, libraries and fire stations will be adversely
affected.
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/epc" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION. )
PROFFERED CONDITION
For each dwelling unit in excess of the existing 11 units. 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 he
property:
a. $6,005 per dwelling unit. ifpaid prior to July 1,2007; or
b. The amount approved by the Board of Supervisors not to exceed $6.005
per dwelling unit adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July L 2006 and July 1 of the fiscal
year in which the payment is made if paid after June 30. 2007. At the time
of payment, $5.331 will be allocated to schools to address the
development's impact on school facilities and $674 will be allocated to
transportation to address the developments impact on roads. Payments in
excess of $6,005 shall be prorated as set forth above.
c. Cash proffer payments shall be spent for the purposes proffered or as
otherwise permitted by law. (B & M)
(Staff Note: With the approval of this request, Proffered Conditions 3 and 8 and Item 4
for Tract 2 of the Textual Statement for Case 94SN0138 are deleted for the request
property only.)
GENERAL INFORMA nON
Location:
West line of Coalfield Road and the southwest line of Manders Drive. Tax IDs 726-701-
7469.7577.7672,8659.8754,8865,8960.9173.9368. 9479. 9574. 9887 & 9982; 726-
702-6940.7035. 7146. 7342, 7453. 7548, 7919. 8125, 8215, 8332. 8420, 8438. 8528.
8700,8733.8745,8841. 8908.8995,9103,9116,9146,9257,9322,9353,9363.941 J,
9559. 9618. 9630, 9668. 9764, 9837, 9876 & 9925; 727-701-0093. 0288 & 0597; and
72 7 - 702-0072, 0081, 0132. 0145, 0277, 040 I, 0440. 0451 . 0488, 0584, 0647. 0705. 0760.
0793,0866.0989,1054,1117, i221. 1261. 1373. 1423. 1427,1568.1580,1636.1731,
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07SN0161-);\ N24-BOS
1842, 1875, 1888,2037.2050,2083,2290,2345,2357,2652,2665.2860, 2871,3166.
3179,3474,3487,3594.3681 & 3989 (Sheet 5).
Existing Zoning:
R-9 with Conditional Use Planned Development
Size:
9.4 acres
Existinl! Land Use:
Residential townhouse and vacant
Adiacent Zoning and Land Use:
North, South, East and West - R-9; Residential or vacant (Charter Colony)
UTILITIES AND ENVIRONMENTAL
This request will not impact these facilities
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This request will
have an impact on these facilities.
Fire Service:
The Midlothian Fire Station. Company Number 5 and Forest View Volunteer Rescue
Squad, currently provide fire protection and emergency medical service. The applicant
has not addressed the impact of this request on fire and emergency medical services.
Schools:
Approximately tifty.two (52) (Elementary: 22, Middle: 13, High: 17) students will be
generated by this development. Currently, this site lies in the Watkins Elementary
School attendance zone: capacity - 752, enrollment - 743; Midlothian Middle School:
capacity ~ 1,301, emoUmcnt - 1,424; and Midlothian High School: capacity - 1.589,
emollment - 1.520. The enrollment is based on September 29, 2006, and the capacity is
as of 2005-2006.
This request will have an impact on the elementary and secondary schools. There are
currently eight (8) trailers at Watkins Elementary and ten (J 0) trailers at Midlothian
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07SN 0 1 (j I-JAN 24- BOS
Middle. The current Capital Improvements Program (CIP) and Public Facilities Plan
contain no new facilities in this area. Increased capacity for this area will be provided by
additions to these schools by 2012. This case combined with other residential
developments and zoning cases in the zones, will continue to push these schools over
capacity. necessitating some form of additional relief in the future.
The applicant has addressed the impact of the development on schools. (Proffered
Condition)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed countywide. Based on projected population growth, The Chesterfield
County Public Facilities Plan (2004) identifies a need for additional library space
throughout the County.
Development of this property will impact the existing Midlothian Library which is in the
northwestern part of the County. There are three new libraries identified in the Public
Facilities Plan to help meet the demand for service in this northwestern area of the
County. These proposed new libraries are in the Reams/Gordon area, the Genito/Powhite
area and the Robious/Huguenot area. The impact on library facilities has not be
addressed.
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks. twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or
expanded special purpose parks to provide water access or preserve and interpret unique
recreational. cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites.
The applicant has not offered measures to assist in addressing the impact of this proposed
development on these parks and recreational facilities.
Transportation:
In September 1993. the Board of Supervisors approved an agreement between the county.
the owner of Charter Colony (J. Louis Reynolds Trust) and the State Board of
Community Colleges. Under the terms of the agreement, the county agreed that it would
not require the Trust to provide improvements to Route 60. Charter eolony Parkway,
Coalfield Road, Woolridge Road, Route 288 or other existing roads in connection with
full development of Charter Colony. In August 1994, the Board approved a rezoning
request (Case 94SN0138) on approximately 822 acres for Charter Colony. The property
(9.44 acres) is part of Charter Colony.
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07 SN 0 161-J AN 24- BOS
The property is being developed for residential townhouse units. Vehicles generated by
this development will be initially distributed along Charter Colony Parkway and
Coalfield Road, which had 2005 traffic counts of 10.390 and 2,000 vehicles per day.
respectively. Based on the current volume of traffic, Charter Colony Parkway between
North Woolridge Road and Center Painte Parkway is at capacity (Level of Service E).
The capacity of Coalfield Road between North Woolridge Road and Queensgate Road is
acceptable (Level of Service C) for the volume of traffic it carries. No road improvement
projects in this part of the county are included in the Six- Year Improvement Plan. As part
of the approved bond referendum. a project to widen North Woolridge Road to four (4)
lanes between Charter Colony Parkway and Coalfield Road is scheduled for construction
in 2007.
The applicant is requesting an amendment to several zoning conditions (Case 94SN0138)
that would delete the age restriction requirement on all of the residential units. The
applicant has offered to contribute cash that would be applied primarily to the school
impact of this residential development (Proffered Condition). In addition. the proffer only
addresses a part of the impact on transportation. This proffer is not consistent with the
Board of Supervisors' Policy. Without the applicant addressing the traffic impact, the
Transportation Department cannot support this request.
Financial ImDact on Caoital Facilities:
PER UNIT
Potential Number of New Dwelling 87* 1.00
Units
Population Increase 236.64 2.72
Number of New Students
Elementary 20.27 0.23
Middle 11.31 0.13
High 14.70 0.17
TOTAL 46.28 0.53
Net Cost for Schools $465,276 $5,348
Net Cost for Parks 52.548 604
Net Cost for Libraries 30.363 349
Net Cost for Fire Stations 35.235 405
Average Net Cost for Roads 777,954 8,942
TOTAL NET COST $1.361,376 $15,648
* Based on the record plat. exclusive of the eleven (11) existing units. The actual number of
dwelling units and corresponding impact may vary.
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07SN0161-]1\N24-BOS
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, roads. parks, libraries. and
fire stations at $15,648 per unit. The applicant has been advised that a maximum proffer of
$15,600 per unit would defray the cost of the capital facilities necessitated by this proposed
devel opment.
The applicant has offered $5,331 per dwelling unit for all units in excess of the 11 constructed
units to mitigate the impact created by development of the subject property (Proffered
Condition). While the amount proffered adequately addresses the impact on school facilities, it
does not address the impact of this development on the other four categories of capital facilities.
Per Board policy, a development proposal's fiscal impact on capital facilities shall be established
under the Board of Supervisors' cash proffer policy that is in effect at the time the application is
submitted. Fiscal impact under existing policy is evaluated at $15,600 per dwelling unit. The
proffers as offered in this case do not adequately address the impact of development of this
property on roads. libraries, parks, or fire stations.
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
Staff recommends the applicant address the impact of this development on all categories of
capital facilities.
The Board of Supervisors. through its 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.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Route 288 Corridor Plan which suggests the property is
appropriate for officelresidential mixed use.
Area Development Trends:
The request property is part of Tract 2 of the Charter Colony Development. Surrounding
properties are zoned Residential (R-9) with Conditional Use Planned Development and are
occupied by residential use of varying densities. It is anticipated that residential
development will continue in the area in accordance with the approved zoning and master
plan for the Charter Colony community.
Zoning History:
On August 24. 1994, the Board of Supervisors. upon a favorable recommendation from
the Planning Commission, approved rezoning from Residential (R-lS) and Residential
Townhouse (R-TH) to Residential (R-9) and Community Business (C-3) with
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07SN0161-].AN2-1--BOS
Conditional Use Planned Development to permit use and bulk exceptions on an 822 acre
tract (Case 94SN0138). A mixed use development to include residential, office.
commercial and public/semi-public uses was proposed. This case incorporated the
request site, which was approved as part of Tract 2. Tract 2 permits multifamily.
to\Vllhouse, office and limited commercial uses.
Current Prooosal:
As previously noted. a residential townhouse development recorded as Abbey Village.
within the Charter Colony Development, is under construction. This development is
currently restricted to occupancy of persons meeting the occupancy requirements for older
persons as defined in the Code of Virginia. The developers desire to delete this occupancy
requirement for this development. Therefore, deletion of Proffered Condition 8 and Item 4
for Tract 2 of the Textual Statement of Case 94S N 0138 for the request property is requested.
If deleted, the overall nwnber of multi-family and townhouse units within the development
not subject to this occupancy limitation will not be affected. Should this request be
approved, Proffered Condition 8 and Item 4 for Tract 2 of the Textual Statement would be
deleted for the request property only.
In addition, the applicant seeks to amend Proffered Condition 3 of the existing zoning (Case
94SN0138) to address the impact of the change in occupancy on school facilities. This
amendment is discussed herein under the section .'Financial Impacts on Capital Facilities."
CONCLUSION
As discussed in the "Financial Impacts on Capital Facilities" section this request fails to address the
impacts of this development on capital facilities, as outlined in the Zoning Ordinance and
Comprehensive Plan consistent with the Board of Supervisors' policy. Specifically, the needs
for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the
Thoroughfare Plan and the Capital Improvement Program and the impact of this development is
discussed herein. The protfered conditions address the impact on school facilities, but fails to
adequately address the impacts on roads, parks, libraries and fire stations. Consequently, the
County's ability to provide adequate roads, parks. libraries and fire stations will be adversely
affected. Therefore, the proffered condition does not insure adequate service levels are
maintained and does not protect the health, safety and welfare of County citizens.
Given this consideration, denial of this request is recommended. If the impacts were addressed, staff
could support the requested amendments. The age restrictions were offered as a part of the original
case. If there is no opposition to the lifting of the restrictions and if the impacts are adequately
addressed, approval of the amendment would be appropriate.
7
07SN 0161-) AN 24- BOS
CASE HISTORY
Planning Commission Meeti ng ( 11/16/06):
At the request of the applicant, the Conunission deferred this case to their December 14.
2006, public hearing.
Staff (1 1/17/06):
The applicant was advised in vvriting that any significant, new or revised information should
be submitted no later than November 22. 2006, for consideration at the Commission's
December, public hearing.
In addition, the applicant was advised that a $500.00 deferral fee must be paid prior to the
December hearing.
Applicant (11/27/06):
The deferral fee was paid.
Applicant (12/1106):
Revisions were submitted.
Planning Commission Meeting (12114/06):
There was no opposition present. The applicant agreed to amend the proffered condition to
offer some cash to address impacts on transportation facilities.
Mr. Gecker indicated that there will be no increase in the nwnber of units permitted and
noted that the original zoning addressed in-kind improvements and land dedications:
therefore. there are unique circwnstances that should be considered consistent with the
Board's policy regarding impacts on capitol facilities.
On motion of Mr. Gecker, seconded by Mr. Bass, the Commission reconunended approval
and acceptance of the proffered condition.
AYES: Messrs. Wilson. Gecker. Bass, Gulley and Litton.
8
mSNO 161-./ .-\1\::2..J.-BOS
The Board of Supervisors, on Wednesday, January 24, 2007. beginning at 6:30 p.m., will take
under consideration this request.
9
07SN0161-JAN24-BOS
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