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99SN0269.pdfJuly 28, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 99SN0269 Sidney B. Johnson and Sara L. Johnson Matoaca Magisterial District South line of Whitehouse Road REQUEST: Amendment to a previously granted zoning (Case 89SN0267) to delete a requirement to use public wastewater. PROPOSED LAND USE: The request property is zoned to permit a single family residential subdivision. The applicant is seeking to delete a requirement to use public wastewater and has agreed to limit development to a maximum of thirteen (13) lots yielding a density of approximately 0.5 units per acres and that the minimum lot size will be one (1) acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. AYES: MESSRS. MILLER, CUNNINGHAM, MARSH AND SHEWMAKE. ABSENT: MR. GULLEY. Providing a FIRST CHOICE Community Through Excellence in Public Service. STAFF RECOMMENDATION Recommend approval for the following reason: The proposed amendment, coupled with the proffered conditions, conforms with the Southern and Western Ama Plan, which suggests the property is appropriate for residential use of 1-5 acre lots with use of public water and septic system. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" 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 RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) (STAFF/CPC) Location: ADDITIONAL CONDITIONS 1. Development shall be limited to a maximum of thirteen (13) lots. 2. The minimum lot size shall be one (1) acre. (Staff Note: All other conditions and proffered condkions of zoning Case 89SN0267 remain in effect except as modified herein.) GENERAL INFORMATION Fronts the south line of Whkehouse Road, east of Beechwood Avenue. Tax ID 796-629- 1935 (Sheet 41). Existing Zoning: Residential (R- 15) Size: 26.2 acres Existing Land Use: Vacant 2 99SN0269/WP/JULY28L Adjacent Zoning & Land Use: North - A; Single family, residential or vacant South - City of Colonial Heights East - A; Single family, residential or vacant West - A and R-15; Single family, residential or vacant UTILITIES Public Water System: There is an existing eight (8) inch water line extending along Whitehouse Road adjacent to the request site. Use of the public water system is required by County Code. Public Wastewater System: The public wastewater system is not available to serve the request site. The nearest existing wastewater line is the Harrowgate Place Subdivision off-site wastewater line, approximately 1,200 feet northwest of the request site. This wastewater collector serves a different drainage basin than the request site and, without the construction ofa wastewater pump station and force main, cannot be extended to serve this site. The drainage basin which serves the request site naturally drains toward the City of Colonial Heights, which has a wastewater collector serving the adjacent subdivision to the southern boundary of the request site. The City of Colonial Heights has been contacted for permission to connect to the city's wastewater system, but the effort has been unsuccessful. The request site lies within the boundaries of the Southern and Western Area Plan and is generally anticipated for R-88 zoning with lots of 1-5 acres in size and use of public water and septic. Soils in this area are generally favorable to the use of private septic systems, and the use of a private septic system in this area is permitted under County Code. The Utilities Deparunent, therefore, supports deletion of the requirement to utilize public wastewater. ENVIRONMENTAL AND PUBLIC FACILITIES The amendment to delete the proffered condition requir'mg use of the public wastewater system will have no impact on these facilities. 3 99SN0269/WP/JULY28L 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 1-5 acre lots with use of public water and septic systems. Area Development Trends: The surrounding properties are characterized by single family residential uses and vacant parcels zoned Agricultural (A) and Residential (R-15) with property to the south located in the City of Colonial Heights. Adjacent property to the west is zoned Residential (R-15) and is occupied by single family residences or is vacant. Adjacent properties to the north and east are zoned Agricultural (A) and are occupied by single family residences or are vacant. It is anticipated that existing area residential development patterns will continue. Zoning History: On January 10, 1990, the Board of Supervisors approved the rezoning from Agricultural (A) to Residential (R-15) of 26.2 acres, (the subject parcel) along with a 14.8 acre parcel that was zoned Residential (R-12). The rezoning was subject to a condition and acceptance of proffered conditions, including a proffer to use the public wastewater system. CONCLUSIONS The rezoning took place prior to the adoption of the Southern and Western Area Plan and the mandatory wastewater connection ordinances. Subsequently, the Southern and Western Area Plan and supporting ordinances were adopted which specify the areas where mandatory wastewater connections are required. The subject properties located in an area that does not require mandatory wastewater connection. The Utilities Depamnent has indicated that soils in the area are generally favorable for use of a private septic system and they have no objection to deletion of the proffered condition. The proposed amendment, coupled with the proffered condition, conforms with the Southern and Western Area Plan which suggests the property is appropriate for residential use of 1-5 acre lots. The proffered condition which limits this development to one (1) unit per 0.5 acre and a minimum lot size of one (1) acre complies with the Plan. Given these considerations, approval of this request is recommended. 4 99SN0269/WP/JULY28L CASE HISTORY Planning Commission Meeting (6/15/99): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended approval of this request and acceptance of the proffered conditions on page 2. AYES: Messrs. Miller, Cunningham, Marsh and Shewmake. ABSENT: Mr. Gulley. The Board of Supervisors, on Wednesday, July 28, 1999, beginning at 7:00 p.m., will take under consideration this request. 5 99SN0269/WP/JULY28L 99SN0269 AMEND REZONING SH. 41 6 99SN0269/WP/JULY28L