07SN0359 ADDENDUM
October 22, 2008 BS
ADDENDUM
07SN0359
(AMENDED)
M&K Developers
Matoaca Magisterial District
Grange Hall Elementary; Tomahawk Middle; and Cosby High Schools Attendance Zones
Northeast quadrant of Genito Road and Weatherbury Place
REQUESTS: I. Rezoning from Agricultural (A) and Residential (R-40) to Residential (R-
15) of 26.8 acres.
II. Conditional Use to permit a business (special events) incidental to a
dwelling unit on 3.4 acres of this 26.8-acre tract.
PROPOSED LAND USE:
A single-family residential subdivision with a minimum lot size of 15,000 square
feet is planned. The applicant has agreed to limit development to no more than
thirty-seven (37) lots, yielding a density of approximately 1.4 lots per acre
(Proffered Condition 2). In addition, temporary continuation of a special events
business which has been in operation since 1997 is intended.
To address staff’s concerns that Proffered Condition 14. A. would illegally tie development of
the subject property to properties not included in this request, on September 29, 2008, the
applicant amended the proffer to omit references to parcels not included in this request. The
amended proffer ties development of the request property to the completion of road
improvements, as an option to address a portion of the impact of this development on area roads.
The proffer still offers a cash contribution in addition to these road improvements to fully
address the impact of this development on the transportation network. As outlined in the
“Request Analysis,” staff continues to suggest that the applicant should commit to making road
improvements in lieu of offering cash to address the impact on area roads.
In addition, due to the recent opening of Tomahawk Creek Middle School, the middle school
attendance zone for the proposed development has changed. The property is no longer in the
Swift Creek Middle School Zone, but is now in the Tomahawk Creek Middle School Attendance
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Zone which has a capacity of 1,200 students and an enrollment of 1,086, as of September 15,
2008. Staff mistakenly left this change out of the report.
Staff continues to recommend denial of the rezoning (Request I) because the proposal fails to
adequately address the impact of this development on area roads, as outlined in the “Request
Analysis”. Staff’s recommendation as to the Special Events Business (Request II) is unaffected
by this amended proffer.
PROFFERED CONDITION
14. Transportation Contribution.
A. The paving and ditch improvements as shown on Exhibit A shall be
completed, as determined by the Transportation Department, prior to the
recordation of any lots on the Property.
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