CASE NUMBER: 15SN0626 APPLICANT: Vernon McClure

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STAFF S ANALYSIS AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: JULY 22, 2015 BOS Time Remaining: 337 DAYS Applicant s Agent: ANDREW SCHERZER (804-794-0571) Applicant s Contact:

District: CLOVER HILL 6601 TEMIE LEE PARKWAY Amendment of zoning (Case 06SN0174) to reduce cash proffers in a Residential (R-12) District.

1 STAFF S ANALYSIS AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: JULY 22, 2015 BOS Time Remaining: 337 DAYS Applicant s Agent: ANDREW SCHERZER ( ) Applicant s Contact: VERNON MCCLURE ( ) Planning Department Case Manager: DARLA ORR ( ) CASE NUMBER: 15SN0626 APPLICANT: Vernon McClure APPLICANT S REQUEST CHESTERFIELD COUNTY, VIRGINIA Magisterial District: CLOVER HILL 6601 TEMIE LEE PARKWAY Amendment of zoning (Case 06SN0174) to reduce cash proffers in a Residential (R-12) District. Specifically, the applicant requests to amend Proffered Condition 2 of Case 06SN0174 to reduce the cash proffer to the Board s maximum acceptable cash proffer and to delay the escalator as outlined in the Cash Proffer Policy. Single family residential dwellings are being developed as Lee s Forest subdivision. (NOTES: A. The only condition that may be imposed is a buffer condition. The property owner may proffer conditions. B. A proffered condition is located in Attachment 1 C. Approved conditions of Case 06SN0174 are located in Attachment 2 PLANNING COMMISSION (5/19/15) STAFF RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION IN ATTACHMENT 1 RECOMMEND APPROVAL* Addresses developments impacts *It is important to note the change in staff s recommendation based on the applicant s modification of the Proffered Condition. (Attachment 1) Providing a FIRST CHOICE community through excellence in public service

2 Department SUMMARY OF IDENTIFIED ISSUES Issue PLANNING BUDGET AND MANAGEMENT FIRE PARKS AND RECREATION LIBRARIES SCHOOLS CDOT VDOT UTILITIES ENVIRONMENTAL ENGINEERING 2 15SN JUL22-BOS-RPT

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0 dwellings per acre Map 3: Surrounding Land Uses & Development Swift Creek Reservoir Single family

4 Map 2: Comprehensive Plan Classification: SUBURBAN RESIDENTIAL I This designation suggests the property is appropriate for single family residential use of a maximum of 2.0 dwellings per acre Map 3: Surrounding Land Uses & Development Swift Creek Reservoir Single family residential St. Clair, Southshore & Lands End Career & Technical Center Temie Lee Parkway Commercial use Hull Street Rd 4 15SN JUL22-BOS-RPT

5 ZONING HISTORY PLANNING Staff Contact: Darla Orr ( ) Case Number BOS Action Request 06SN0174 APPROVED 5/24/2006 Rezone A to R-12; Single family development with maximum of 25 lots Approved conditions: -Address minimum lot size, foundation treatment, tree preservation and sidewalks - Require minimum house size (gross floor area) 2,200 and 2,500 square feet - Cash proffer of $15,600 per dwelling unit Attachment SN JUL22-BOS-RPT

6 FINANCIAL IMPACT ON CAPITAL FACILITIES Budget and Management Staff Contact: Natalie Spillman ( ) 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 $21,261 per unit. The original zoning case (06SN0174) was approved in May 2006 with a density of 25 units and with the maximum cash proffer at the time of $15,600 per dwelling units (currently escalated by the Marshall and Swift Building Cost Index to $22,245 per unit). The applicant has requested to reduce the previously approved cash proffers of $15,600 (currently escalated to $22,245) to the current maximum of $18,966 per unit. These cash proffers would defray the cost of the capital facilities necessitated by this proposed development. 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. If accepted, the amended cash proffer would remain at $18,966 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. While appropriate to maintain the cash proffer of $15,600 (currently escalated to $22,245) approved with case 06SN0106, the Board of Supervisors has set the current maximum cash proffer at $18,966, an amount lower than the escalated cash proffer amount as approved with the original case. 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 of $18,966 for each dwelling unit. 6 15SN JUL22-BOS-RPT

7 Per Dwelling Unit Impact on Capital Facilities 25 (1) Potential Units Facility Categories FY15 Calculated Impact Cash Proffer on Existing Zoning Applicant's Proposal (Current BOS Maximum) Total $21,261 $22,245 $18,966 Overall Impact on Capital Facilities Schools $234,400 $249,675 $209,100 Parks $33,175 $33,800 $29,600 Libraries $8,500 $10,000 $7,575 Fire Stations $19,650 $16,350 $17,525 Roads $235,800 $255,350 $210,350 Total $531,525 $565,175 $474,150 (1) Based on a proffered maximum of 25 lots per zoning case 06SN0174. The actual number of lots and corresponding impact may vary. 7 15SN JUL22-BOS-RPT

8 PUBLIC FACILITIES FIRE SERVICE Staff Contact: Greg Smith ( ) The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the environment through a comprehensive fire and life safety program that ensures an adequate and timely response to emergencies. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: 1 With the aging of population, medical emergency incidents are expected to increase faster than the rate of population growth over time. 1 The financial impact of residential development on fire facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Information: County-wide Fire & EMS Service Information & Needs Recommendations for Fire Stations by 2022 New 5 Replacement/Revitalization Incidents as a percent of total 1 Fire 24% EMS (Emergency Medical Services) 76% Fire/EMS Increases in Call Volume from 2001 and % County Population Increase from 2001 to % Estimated Number of Calls for Service Annually Applicant s Proposal to Address Impacts 1 Fire Service - Project Impacts Offered in Accordance with Policy Information relative to nearby fire and emergency service facilities can be found in Attachment 3. 5 Proffered Condition 8 15SN JUL22-BOS-RPT

9 PARKS AND RECREATION Staff Contact: Brian Geouge ( ) The County supports a high-quality park system to provide residents and visitors with equitable access to active and passive recreation opportunities. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County-wide Parks and Recreation Needs Park Type Number of New Parks Aggregate Acreage Regional Community Neighborhood Special Purpose Urban Linear The Public Facilities Plan notes facility recommendations for water-based parks. All other facilities are acquired and developed on a site-by-site basis. 2 Facilities are recommended in urban areas where there is limited acreage available for park development. 3 Facility needs are assessed on a site-by-site basis as recommended in the Public Facilities Plan County Level of Service Target Level of Service Applicant s Proposal to Address Impacts 1 1 The financial impact of residential development on parks facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Information: Parks and Recreation Project Impacts 5.9 Acres of Regional, Community and/or Neighborhood parkland per 1,000 persons 9 Acres of Regional, Community and/or Neighborhood parkland per 1,000 persons Offered in Accordance with Policy Proffered Condition Information relative to nearby parks and recreation facilities can be found in Attachment SN JUL22-BOS-RPT

10 LIBRARIES Staff Contact: Debra Winecoff ( ) 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 informational services; community support during emergencies; economic development; and revitalization activities. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: Facility Action Expand or Replace Construction of New Facilities County-wide Library Needs County-wide Facility Needs 5 Libraries 5 Libraries 1 Community Arts Center Libraries - Project Impacts 2011 County Level of Service 0.45 square feet of library space per person Standard Level of Service 0.82 square feet of library space per person Applicant s Proposal to Offered in Accordance with Policy Address Impacts 1 Proffered Condition 1 The financial impact of residential development on library facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Library Information: Information relative to nearby library facilities can be found in Attachment SN JUL22-BOS-RPT

11 SCHOOLS Staff Contact: Dr. Cynthia O. Richardson ( ) 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, flexible designs and locations that better meet the needs of the communities in which they are located. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County-wide School Needs School Types Facilities to Revitalize/Replace New Facilities Elementary 16 3 Middle 6 2 High 2 3 Technical - 1 Average Student Yield Applicant s Proposal to Address Impacts 1 Schools - Project Impacts Elementary 5 Middle 3 High 4 Total 12 Offered in Accordance with Policy Proffered Condition 1 The financial impact of residential development on school facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Information: After review of this request, based on current school assignments and student enrollment the proposed rezoning case will have an impact on schools. It is possible that over time this case, combined with other tentative residential developments and other zoning cases in the area will continue to push these schools to their capacity and therefore impact the capacity of facilities division-wide. Information relative to schools currently serving area can be found in Attachment SN JUL22-BOS-RPT

12 COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and recommendations are detailed in the chart below: Cash Proffer Policy Recommendation Applicant s Proposal Offered in Accordance with Policy Proffered Condition VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker ( ) brian.lokker@vdot.virginia.gov To date, no comments have been received from the Virginia Department of Transportation (VDOT) SN JUL22-BOS-RPT

13 WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland ( ) The proposal s impacts on the County s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code? Serviced? Water No 8 Yes Wastewater No 8 Yes The proposed request will not impact the public water and wastewater systems. ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard ( ) pritchardd@chesterfield.gov Environmental Engineering has no comment on this request SN JUL22-BOS-RPT

14 CASE HISTORY Applicant Submittals 2/9/2015 Application submitted 4/13/2015 Application & proffered condition amended 5/18/15 Revised proffered condition submitted 5/19/2015 Revision made on 5/18/2015 to proffered condition was withdrawn 6/10/2015 Revised proffered condition submitted 6/15/2015 Revised proffered condition submitted 6/25/2015 Revised proffered condition submitted Planning Commission Meeting 5/19/2015 Citizen Comments: No one spoke to this request Commission Discussion: Staff noted their inability to thoroughly review the amended proffered condition due to the lateness of the submittal Budget explained the modification in the language to prevent the escalator from exceeding the Board s maximum acceptable cash proffer at the time of payment was not addressed in the Board s policy Given staff s position, the applicant withdrew the revised proffered condition and asked the Commission to recommend approval of the request with the cash payment of $18,966 and the four year delay in the escalator without a cap in the escalated payment. Recommendation APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION IN ATTACHMENT 2 Motion: Gulley Second: Patton AYES: Gulley, Waller, Brown, Patton and Wallin Board of Supervisors Meeting 6/24/2015 Citizen Comments: Zoning amendment not necessary as Cash Proffer Policy sets the maximum acceptable cash proffer Language represents change in procedures which necessitates public input Developer should pay full cash proffer Public not informed of late proffer changes Applicant s Agent Comments: Cash proffer revised after Commission s hearing per Board s action on a different case (Case 13SN0521 Lake Margaret) 17 remaining lots will be developed prior to four (4) year escalation freeze Would consider removing language that prevents cash proffer from escalating above Board s maximum acceptable cash proffer at time of payment 14 15SN JUL22-BOS-RPT

15 Board Discussion: Unanimous agreement necessary for Board to suspend their rules to consider amended Proffered Condition Board decided not to include language to cap escalator during afternoon discussions of Cash Proffer Policy No justification offered to support changing proffer language for 17 lots Potential precedent for other residential cases Time value of money is important consideration as County will have to pay for public facilities at future costs Each case considered on its own merit Action - Suspend rules to consider Proffered Condition submitted on June 15, 2015: Motion: Jaeckle Second: Warren AYES: Elswick, Warren, Holland, Gecker, Jaeckle Mr. Warren expressed concern modification to Proffered Condition was offered based on Board s action for one (1) recent case as applicant said proposed development would be complete before escalation freeze ended. He suggested deferral was appropriate to allow applicant time to consider removing language that prevents cash proffer from escalating above Board s maximum acceptable cash proffer at time of payment Action Deferred Motion: Warren Second: Jaeckle AYES: Elswick, Warren, Holland, Gecker, Jaeckle The Board of Supervisors on Wednesday, July 22, 2015, beginning at 6:30 p.m., will consider this request SN JUL22-BOS-RPT

16 PROFFERED CONDITION ATTACHMENT 1 Note: (STAFF/CPC) Recommended by the Planning Commission and Staff With the approval of this request, Proffered Condition 2 of Case 06SN0174 shall be amended as outlined below. All other conditions of Case 06SN0174 shall remain in force and effect. (STAFF/CPC) Cash Proffer. 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 cash proffer service district for the property, unless state law prevents enforcement of that timing: A. $18, 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 cumulate 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) 16 15SN JUL22-BOS-RPT

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24 SUPPLEMENTAL PUBLIC FACILITIES STATISTICS ATTACHMENT 3 Current and Projected Figures 2 Trailers Capacity Categories Schools Currently Serving Area Membership Clover Hill Elementary School Functional Capacity % Capacity Swift Creek Middle School Membership Functional Capacity % Capacity Membership Clover Hill High School Functional Capacity Number of Trailers % Capacity 1 Trailers are not identified in the staff report for schools under 90% capacity. 2 Disclaimer: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS. They are based on the September 30 membership and Space Utilization Study Report for a given year. School boundary adjustments may be made to address over capacity levels. Nearby Public Facilities Fire Station Clover Hill Fire Station, Company Number 7 EMS Facility Clover Hill Fire Station, Company Number 7 Library Clover Hill Library Parks & Recreation Woodlake Athletic Complex and Spring Run Athletic Complex 24 15SN JUL22-BOS-RPT

CASE NUMBER:15SN0632 APPLICANT: D. K. Walters Builder Inc.

Board of Supervisors (BOS) Public Hearing Date: JULY 22, 2015 BOS Time Remaining: 337 DAYS CASE NUMBER:15SN0632 APPLICANT: D. K. Walters Builder Inc. STAFF S ANALYSIS AND RECOMMENDATION Applicant s Contact: