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01SN0112.PDFOctober 11, 2000 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 01SN0112 Richard A. and Pamela J. Champigny Clover Hill Magisterial District East line of Sussex Drive REOUEST: Rezoning from Agricultural (A) to Residential (R-25). PROPOSED LAND USE: The applicants propose to construct a single family dwelling for Mr. Champigny's parents. Rezoning and subsequently subdivision approval are needed because the existing parcel was created illegally. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval subject to the impact on capital facilities being addressed. This recommendation is made for the following reasons: A. The proposed zoning and land use conforms to the Central Area Plan which suggests the property is appropriate for residential development of 1.0 to 2.5 dwelling units per acre. Providing a FIRST CHOICE Community Through Excellence in Public Service. The proposed zoning and land use is representative of, and comparable with, existing and anticipated area development. The request fails to address the impact of this developmem on necessary capital facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need for schools, parks, libraries, fire stations and transportation facilities is identified in the County's adopted Public Facilities Plan, FY 2001-2005 Capital Improvement Program and Thoroughfare Plan and the impact of this development is discussed herein. The proffered conditions do not address the impact on these capital facilities and thereby fail to ensure that adequate service levels are maintained as necessary to protect the health, safety and welfare of County citizens. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNERS 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 ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. Development shall be limited to a maximum of one dwelling unit. (P) (STAFF/CPC) 2. All impervious areas shall drain towards Sussex Drive. (EE) GENERAL INFORMATION Location: Fronts the east line of Sussex Drive, across from Kempwood Drive. Tax ID 761-687-6998 (Sheet 11). Existi~: A Size: 1.9 acres 2 01SN0112/WP/OCT11G Exist: Vacant Adjacent Zoning and Land Use: North - A; Single family residential South - A; Single family residential East - R-7; Single family residential West - R-9; Single family residential Public Water System: UTILITIES There is an existing eight (8) inch water line extending along the west side of Sussex Drive, adjacent to the request site. Use of the public water system is required by County Code. Public Wastewater System: There is an existing eight (8) inch wastewater collector extending along Sussex Drive, adjacent to the request site. Use of the public wastewater system is required by County Code. Drainage and Erosion: The property drains in two (2) directions, with the rear one-third portion draining to adjacent Creekwood Subdivision. The front two-thirds of the property drains toward Sussex Drive, into a roadside ditch, and then via manmade improvements to Falling Creek. There are no known, on- or oft-site drainage or erosion problems. However, if any impervious area from development of the property drains to the rear through Creekwood, Section F, this drainage may cause problems for homes on some lots in Creekwood, Section F. To address this concern, the applicants have proffered that impervious areas will drain toward Sussex Drive, away from the homes in Creekwood, Section F. (Proffered Condition 2) 3 01 SN0112/WP/OCT11G PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the FY 2001-2005 Capital Improvement Program. This development will have an impact on these facilities. Fire Service: This property is currently served by the Manchester Fire/Rescue Station, Company Number 2 and Manchester Rescue Squad. This request will have a minimal impact on fire/rescue services. Schools: Approximately one (1) school age child will be generated by this development. The site lies in the Jacobs Elementary School attendance zone: capacity - 750, enrollment - 720; Manchester Middle School zone: capacity - 1,250, enrollment - 1,329; and Manchester High School zone: capacity ~ 2,000, enrollment - 2,241. Currently, there are five (5) trailers at Manchester Middle School and seventeen (17) trailers at Manchester High School. Libraries: Consistent with the Board of Supervisors' policy, the impact of development on library services is assessed Countywide. Based on projected population growth, the Public Facilities Plan identifies a need for additional library space throughout the County. Taking into account the additional space provided by the two (2) currently funded projects, the new La Prade and Chester Libraries, there is still a projected need for 55,000 additional square feet of library space Countywide by 2015. The development of the property for a single dwelling would likely have a minimal impact on library services in the La Prade service area. The new La Prade Library was identified as a need in the Public Facilities Plan based on projected cumulative growth. Parks and Recreation: The Public Facilities Plat! identifies the need for two (2) new regional parks. In addition, there is currently a shortage of community park acreage in the central area. The Public Facilities Plan identifies a need for seventy (70) acres of community park space by 2015. This proposal will have a minimal impact on these facilities. 4 01SN0112/WP/OCTllG Transportation: The Thoroughfare Plan identifies the need to improve existing roads, as well as construct new roads to acconunodate growth. Area roads, such as Newbys Bridge Road, need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has not addressed this traffic impact; therefore, staff cannot support this request. Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 1 * 1.00 Population Increase 2.75 2.75 Number of New Students Elementary 0.26 0.26 Middle 0.13 0.13 High 0.16 0.16 TOTAL 0.55 0.55 Net Cost for Schools 3,593 3,593 Net Cost for Parks 809 809 Net Cost for Libraries 254 254 Net Cost for Fire Stations 255 255 Average Net Cost for Roads 3,252 3,252 TOTAL NET COST 8,163 8,163 * Based on a proffered maximum of one (1) dwelling unit. (Proffered Condition 1) As noted, this proposal 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 $8,163 per unit. The applicants have been advised that a maximum proffer of $7,800 per unit would defray the cost of the capital facilities necessitated by this proposed development. The applicants have not offered to assist in defraying the cost of this proposed development on such capital facilities. 5 01SN0112/WP/OCT11G Note that circumstances relevant to this case, as presented by the applicants, have been reviewed and it has been determined that it would be appropriate to accept the maximum cash proffer in this case. The Planning Commission and the Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this case that may justify acceptance of proffers below the value of the maximum acceptable amount. LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the request site and surrounding area are appropriate for residential development of 1.0 to 2.5 dwelling units per acre. Area Development Trends: Adjacent properties to the north and south are zoned Agricultural (A) and developed for single family residential uses. Adjacent properties to the east and west are zoned Residential (R-7 and R-9) and are occupied by Creekwood and Sussex Estates Subdivisions, respectively. Residential development is expected to continue in the area, consistent with the Plan. Parcel History_: The applicants, who also own the adjacent parcel to the south (Tax ID 761-687-5756), have purchased the subject parcel and had planned to construct a dwelling for Mr. Champigny's parents. Subsequent to the purchase, they found that the parcel was not legally created and therefore could not be built on without rezoning and subdivision approval. The parcel was created from the adjacent parcel to the north (Tax ID 761-688- 5817) in 1996. At the time it was created, the Zoning Ordinance required a parcel to be a nfinimum of five (5) acres and have a minimum of 300 feet of road frontage or 250 fbet of road frontage with shared access to be exempted from the Subdivision Ordinance. Since the parcel is only approximately 1.9 acres and has approximately 115 feet of road frontage, it is not exempted from the Subdivision Ordinance and therefore must be rezoned prior to obtaining subdivision approval. It should be noted that approval of this case will not result in the adjacent parcel from which the subject property was created becoming legal. At such time that the owners of the adjacent parcel to the north wish to expand the existing dwelling or replace the existing dwelling, it will be necessary for those owners to also obtain zoning and subdivision approval, 6 01SN0112/WP/OCT 11G Comparison of Area Density and Lot Size with the Applicants' Proposal: Creekwood, Section F-2 and Sussex Estates Subdivisions, lying adjacent to the east and west boundaries of the request property, have developed with densities of approximately 1.18 and 1.83 units per acre, respectively. The average lot size in Creekwood, Section F-2 is approximately 33,945 square feet, while Sussex Estates has developed with an average lot size of approximately 19,910 square feet. The proffered conditions would limit development to a maximum of one (1) lot yielding a density of approximately 0.53 units per acre and a lot size of approximately 82,765 square feet. CONCLUSIONS The proposed zoning and land use conforms to the Central Area Plan which suggests the property is appropriate for residential development of 1.0 to 2.5 dwelling units per acre and is representative of, and comparable with, existing and anticipated area development. Specifically, this proposal is for 0.53 dwelling units per acre. However, the request fails to address the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for schools, parks, libraries, fire stations and transportation facilities is identified in the County's adopted Public Facilities Plan, FY 2001-2005 Capital Improvement Program and Thoroughfare Plan, and the impact of this development is discussed herein. The proffered conditions do not mitigate the impact on these capital facilities and thereby fail to ensure that adequate service levels are maintained as necessary to protect the health, safety and welfare of County citizens. The Planning Commission and Board of Supervisors, in their consideration of this proposal, may determine that there are unique circumstances that may justify deviation from the maximum cash proffer amount. Given these considerations, approval of this request is reconm~ended subject to the applicants addressing the impact on capital facilities. CASE HISTORY Planning Cormnission Meeting (9/19/00): The applicants did not accept staff's recommendation but did accept the Planning Commission's recommendation. The applicants indicated that the proposed dwelling is for their parents and, therefore, would have a minimal impact on capital facilities. 7 01SN0112/WP/OCT 11G There was opposition present. Concerns were expressed that a precedent would be set for future development in the area; increased traffic; the location of access in relationship to the intersection of Sussex and Kempwood Drives; and the fact that area development has only one (1) access to Newbys Bridge Road Mr. Gulley indicated that future proposals would be evaluated on their merits and he felt the potential impact on capital facilities is minimal. On motion of Mr. Gulley, seconded by Mr. Marsh, the Commission recommended approval of this request and acceptance of the proffered conditions on page 2. AYES: Unanimous. The Board of Supervisors, on Wednesday, October 11, 2000, beginning at 7:00 p.m., will take under consideration this request. 8 01SN0112/WP/OCTllG A C ! ! C A A 0 600 Feet 01SN0112 Rezoning: A TO R-25 Sheet #: t 1 OiSNOll2 lO/ll/O0 O0 674 In Clover Hill Magisterial District, RICHARD A. Ai~D PAPILLA J. CHA~PIGNY request rezoning and amendment of zoning district map from Agricultural (A) to Residential (R 25). Residential use of up to 1.74 units per acre is permitted in a Residential (R 25) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 to 2.5 units per acre. This request lies on 1.9 acres fronting approximately 120 feet on the east line of Sussex Drive, across from Kempwood Drive. Tax ID 761 687 6998 (Sheet 11). Ms. Beverly Rogers presented a summary of Case 01SN0112 and stated that staff recommends approval subject to the applicant addressing the impact on capital facilities consistent with the Board's policy. She further stated that the Planning Commission recommends approval and acceptance of two proffered conditions, indicating that there is a unique family situation and the request conforms to the Central Area Plan. There was brief discussion relative to the amount of acreage owned by the applicant and size comparison of area parcels. Mr. Richard Champigny and Mrs. Pamela Champigny stated that the Planning Commission's recommendation is acceptable. There was no opposition present. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved Case 01SN0112 and accepted the following proffered conditions: 1. Development shall be limited to a maximum of one dwelling unit. (P) 2. Ail impervious areas shall drain towards Sussex Drive. (EE) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. lO/ll/O0 O0 675