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98SN0268.PDFSeptember 23, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0268 (Amended) The Chesterfield County Planning Commission Bermuda Magisterial District South line of Happy Hill Road REOUEST: (Amended) Delete Proffered Conditions 6 and 7 of Case 88SN0165 relative to a buffer and a security fence. PROPOSED LAND USE: A single family residential subdivision is planned on the adjacent Residential (R-12) property. Deletion of a required buffer and security fencing is proposed by the developer. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL. STAFF RECOMMENDATION Recommend approval for the following reason: The proffered conditions were negotiated with the adjacent property owner who now agrees with their deletion. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS.) GENERAL INFORMATION Location: Fronts the south line of Happy Hill Road, east of Branders Bridge Road. Tax ID 786-645- Part of 2464 (Sheet 41). Existing Zoning: R-12 Size~ 1.4 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - R-15 and A; Single family residential South - R-12; Vacant East - R-12: Vacant West - A; Single family residential or vacant UTILITIES Use of the public water and wastewater systems is required as a condition of zoning (Proffered Condition 5, Case 88SN0165). The deletion of Proffered Conditions 6 and 7 will not adversely impact the public water and wastewater systems. Drainage and Erosion: ENVIRONMENTAL The requested amendment will have no impact on these facilities. PUBLIC FACILITIES Fire Service and Transportation: The requested amendment will have no impact on these facilities. 2 98SN0268/WP/SEPT23J LAND USE Comprehensive Plan: Lies within the boundaries of the Southern and Western Area Plan which suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. The Plan anticipates residential use to continue in this area for the foreseeable future. Area Development Trends: Area properties to the north and west are zoned Residential (R-15) and Agricultural (A) and are developed for single family residential uses on acreage parcels or remain vacant. Properties to the south and east are zoned Residential (R-12) and are currently vacant. Nairn Subdivision is developing on the vacant property to the south and east. Zoning History: On December 14, 1988, the Board of Supervisors approved rezoning to Residential (R-12) of the subject property and adjacent property tothe south and east (Case 88SN0165). With the approval of Case 88SN0165 the Board of Supervisors accepted proffered conditions which included a thirty (30) foot landscaped buffer and a security fence adjacent to property currently identified as Tax ID 786-646-8544 and 787-646-0243 and 0262 (Proffered Conditions 6 and 7 of Case 88SN0165). Specifically, those proffers are as follows: A thirty (30) foot buffer shall be maintained adjacent to the property presently owned by Vernon Cousins, Sr. This property is presently described as Tax Map 132-6 (1) Parcels 3, 4 and 31. In addition, evergreen trees shall be planted within the limits of the buffer to adequately visually screen the Cousins property. Initial trees shall he a minimum of five (5) feet in height and planted in a staggered formation of two (2) rows with the trees eight (8) toot on centers in each row. In addition to the buffer and plantings outlined in proffer #6, the applicant shall install a wire security fence 30 feet off the property line of tax map 132-6-(1) parcels 3, 4 and 31 being the property of Vernon Cousins, Sr. at the time of developing and recording lots adjacent to this property. Deletion of these proffered conditions is proposed. 3 98SN0268/WP/SEPT23J The adjacent property owner to the west (Vernon Cousins, Sr.) and the owner of the subject property are in agreement with the deletion of Proffered Conditions 6 and 7 previously agreed to. The agreement is referenced in a letter dated March 30, 1998 (see attached). Since the proffered conditions were negotiated with this adjacent property owner, who now agrees with their deletion, approval of this portion of the request may be appropriate. CASE HISTORY Applicant and Adjacent Property Owner (7/27/98): The owner of the adjacent property to the west, Mr. Vernon Cousins, Sr., submitted a letter indicating he is no longer interested in operating a stock farm on a portion of the request property. As the application was initiated by the Planning Commission, the Commission must withdraw this portion of the request. Since the adjoining property owner no longer wants the stock farm use on the property, staff feels it would be appropriate to withdraw this portion of the request. Planning Commission Meeting (8/18/98): The Commission withdrew the request for a stock farm. The property owner accepted the recommendation. There was no opposition present. On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission reconm~ended approval of this request. AYES: Unanimous. The Board of Supervisors, on Wednesday, September 23, 1998, beginning at 7:00 p.m., will take under consideration this request. 4 98SN0268/WP/SEPT23J THE S LANDING CORtORATION PLANNERS. DEVELOPERS 3260 GREYWALLS COURT · POWHATAN, VIRGINIA 23139 · TEL (804)598-5959 ', FAX (804)598-4900 March 30, 1998 Mr. David A. Hainley Chesterfield County Planning Department P.O. Box 40 Chesterfield, Virginia 23832-00¢0 Dear Mr. Hainley: Re: Cousins Property This letter is to confirm our agreement to gift a parcel of land to Mr. Vernon Cousins in exchange for the release of the originial zoning proffers requiring a 30-foot buffer, security fence, and evergreen plantings across the back and east side of Mr. Cousins' property. The property to be transferred to Mr. Cousins is outlined in red on the attached drawing. An exact plot showing this property will be prepared and recorded at the actual time of transfer. It is our understanding that the only expense in this agreement, born by the Reed's Landing Corporation, shall be the deed and plot preparation to enable the transfer. And furthermore, all necessary effort to revoke the proffers mentioned earlier shall be handled'through you and that no other effort or fees will be expected on the part of the Reed's Landing Corporation. Sin,~flrety, Executive Vice President ECA:ack Attachment Concurred in by Mr. Vernbn Cousins A HILL 18SN0268 ( ZONING -SH. 41 \ \ "z , I ' ! i ~ /' 'I 98SN0268 (Amended) In Bermuda Magisterial District, THE CHESTERFIELD COUNTY PLAiglgING COMMISSION requests amendment to a rezoning (Case 88SN0165) and amendment of zoning district map to delete conditions relative to a buffer and security fence. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies in a Residential (R 12) District on 1.4 acres fronting approximately 100 feet on the south line of Happy Hill Road, approximately 1,800 feet east of Branders Bridge Road. Tax ID 786 645 Part of 2464 (Sheet 41). Mr. Jacobson presented a summary of Case 98SN0268 and stated that Planning Commission and staff recommend approval. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 98SN0268. Ayes: Humphrey, Warren, Barber, McHale, and Daniel. Nays: None. 9/23/98 98 689