02SN0306-Sept18.pdfREQUEST:
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0306
Atack Properties, Inc.
Midlothian Magisterial District
West line of Winterfield Road
Rezoning from Residential (R-15) to Agricultural (A).
PROPOSED LAND USE:
Agricultural uses are plarmed.
PLANNiNG COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reason:
):ag',:at 20, 2002 CPC
September 18, 2002 BS
The proposed zoning and land use do not conform with the Midlothian Area Community
Plan which suggests the property is appropriate for residential use of 1.01 to 2.5 dwelling
units per acre.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED 1S A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS.)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
GENERAL INFORMATION
Location:
Fronts the west line of Winterfield Road, south of Elmstead Road. Tax ID 725-711-1557
(Sheet 5).
Existing Zoning:
R-15
Size:
39.2 acres
Existing LandUse:
Vacant
Adiacent Zoning and Land Use:
North - R-15; Single family residential or vacant
South - A; Single family residential or vacant
East - A; Single family residential or vacant
West - R-40 and R-25; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along a portion of Winterfield
Road that terminates adjacent to the Northeast corner of this site. Use of the public water
system is required by County Code.
Public Wastewater System:
There is an existing fifteen (15) inch wastewater trunk line extending along Michaux Creek,
approximately 140 feet southwest of the request site. Use of the public wastewater system is
required by County Code.
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ENVIRONMENTAL
Drainage and Erosion:
The property drains south-southeast via n'ibutaries to Michaux Creek. There are no existing
or anticipated drainage or erosion problems.
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company Nmnber 5 and Forest View Volunteer Rescue Squad
currently provide fire protection and emergency medical service to this area. This request
will have minimal impact on fire and emergency service.
Transportation:
The proposed amendment will have minimal impact on the transportation network.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan which suggests the
property is appropriate for residential use of 1.01 to 2.5 units per acre.
Area Development Trends:
The surrounding properties are characterized by single family residential uses and vacant
parcels zoned Agricultural (A) and Residential (R- 15, R-25 and R-40). It is anticipated that
residential zoning and land use patterns will continue in the area.
Zoning History:
On June 24, 1998, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved the rezoning of the property from Agricultural (A) to
Residential (R-15) and accepted several proffered conditions negotiated with County staff
and area properly owners (Case 98SN0142). Conditions of approval of Case 98SN0142
include road improvements, paved driveways, treatment of foundations and chimneys, lot
sizes, house sizes, garage orientation, tree preservation and prohibition of access to Treport
Road. It should be noted, if this request is approved, the previously agreed to conditions
would not carry forth with this case.
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CONCLUSIONS
The Midlothian Area CommuniW Plan suggests the property is appropriate for residential use of 1.01
to 2.5 dwelling units per acre. The proposed zoning and land use do not conform to the use
suggested by the Plan.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/20/02):
The applicant did not accept the recommendation. He indicated that Agricultural (A) zoning
would allow a more fair and equitable tax assessment; that the assessment had not been
appealed; and the only way to get the assessment reduced is through rezoning. He further
stated that the Agricultural (A) zoning would have no impact on capital facilities.
There was opposition present. There was discussion about the current zoning, relative to
extended discussions and the time it took to negotiate conditions that were acceptable to
everyone. Concerns were expressed that the agreed upon proffers would go away; citizens
do not want to renegotiate them aga'm in the future; do not want to have the Treport stub
opened for access; and there are alternatives to solve the assessment problems.
Mr. Gecker suggested tax relief should be addressed tl~rough the appropriate channels, not
through zoning. He stated the proposal does not comply with the Plan.
Messrs. Gulley and Litton indicated that Agricultural (A) zoning is not in the best interest of
the area and that agricultural uses would be incompatible with area residential uses.
On motion of Mr. Gecker, seconded by Mr. Gulley, the Cornmission recommended denial of
this request.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, September 18, 2002, beginning at 7:00 p.m., will take
under consideration this request.
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