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14SN0508 CASE MANAGER: Robert Clay August 27, 2014 BS ADDENDUM 14SN0508 Centralia Station LLC Bermuda Magisterial District Ecoff Elementary, Salem Church Middle and Bird High School Attendance Zones South line of Centralia Road, west of Chester Road Within the vicinity of 4421 Centralia Road REQUEST: Amendment of zoning (Case 93SN0147) relative to density and access in Agricultural (A) and Residential (R-7, R-9 and R-12) Districts, plus proffered conditions on adjacent property zoned Residential (R-7). PROPOSED LAND USE: A single-family residential subdivision with a maximum of twenty-one (21) lots, yielding a density of approximately 0.3 dwelling units per acre is planned. recommendation for this case. PLANNING COMMISSION RECOMMENDATION ON AUGUST 19, 2014, THE COMMISSION DEFERRED CONSIDERATION OF THIS REQUEST TO THEIR MAY 19, 2015 MEETING. THEREFORE, IT WOULD BE APPROPRIATE FOR THE BOARD TO DEFER THIS REQUEST TO THEIR REGULARLY SCHEDULED MEETING IN MAY, 2015. ______________________________________________________________________________ CASE HISTORY ______________________________________________________________________________ Applicant (9/17/13): A new proffered condition was submitted, in an effort to address concerns expressed by the Fire Department. ______________________________________________________________________________ Planning Commission Meeting (9/17/13): Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ ­»®ª·½» Mr. Patton recused himself from the meeting due to a potential conflict of interest. The applicant did not accept the recommendation. There was support present. Dr. Wallin noted the proposal is closer to compliance with the Comprehensive Plan; enhances the community; and reduces the impact on public facilities. Mr. Waller expressed concerns relative to deletion of an emergency access; impacts on fire protection due to planned use of individual wells; and the impact on capital facilities not being addressed. Dr. Wallin made a motion to recommend approval, which failed due to lack of a second. On motion of Dr. Wallin, seconded by Mr. Waller, the Commission voted to forward the case to the Board of Supervisors without a recommendation. AYES: Messrs. Brown, Wallin and Waller. ABSENT: Messrs. Gulley and Patton. ______________________________________________________________________________ Staff (9/20/13): The County Attorney's Office advised that State law requires that a recommendation be made by the Commission when it forwards a zoning case to the Board after public hearing. Accordingly, the Commission's vote was ineffectual and the case, by law, returns to the Commission's agenda for a recommendation. ______________________________________________________________________________ Staff (9/25/13): To date, no new information has been received. Planning Commission Meeting (10/15/13): to their December 17, 2013 public hearing. Staff (10/15/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 21, 2013 for consideration at the . 13): î ïìÍÒðëðèóîðïìßËÙîéóÞÑÍóßÜÜ their regularly scheduled meeting in January 2014. Staff (10/24/13): scheduled January 2014 public hearing. Staff (11/15/13): To date, no new information has been received. Planning Commission Meeting (12/17/13): to their January 21, 2014 public hearing. Staff (12/17/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 23, 2013 for consideration at the Staff (12/23/13): To date, no new information has been received. Staff (12/23/13): If the Planning Commission acts on this request on January 21, 2014, the case will be considered by the Board of Supervisors on January 22, 2014. Planning Commission Meeting (1/21/14): Due to inclement weather, the Planning Commission meeting was postponed to January 23, 2014. Board of Supervisors Meeting (1/22/14): í ïìÍÒðëðèóîðïìßËÙîéóÞÑÍóßÜÜ their April 23, 2014 public hearing. Planning Commission Meeting (1/23/14): At the request of the applicant, the Commission deferred this case to April 15, 2014. Staff (1/24/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 3 April 15, 2014 public hearing. The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Staff (3/6/14): To date, no new information has been received. Applicant (3/12/14): The deferral fee was paid. Staff (3/26/14): If the Planning Commission acts on this request on April 15, 2014, the case will be considered by the Board of Supervisors on April 23, 2014. Planning Commission Meeting (4/15/14): At the request of the applicant, the Commission deferred this case to August 19, 2014. Staff (4/16/14): The applicant was advised in writing that any significant, new or revised information August 19, 2014 public hearing. The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the ì ïìÍÒðëðèóîðïìßËÙîéóÞÑÍóßÜÜ Applicant (8/19/14): The deferral fee was paid. Planning Commission Meeting (8/19/14): At the request of the applicant, the Commission deferred this case to May 19, 2015. Staff (8/20/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 9, 2015 May 19, 2015 public hearing. The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the The Board of Supervisors, on Wednesday, August 27, 2014, beginning at 6:30 p.m., will take under consideration this request. ë ïìÍÒðëðèóîðïìßËÙîéóÞÑÍóßÜÜ CASE MANAGER: Robert Clay September 17, 2013 CPC October 15, 2013 CPC October 23, 2013 BS December 17, 2013 CPC January 21, 2014 CPC January 22, 2014 BS BS Time Remaining: January 23, 2014 CPC 239 days April 15, 2014 CPC April 23, 2014 BS August 19, 2014 CPC August 27, 2014 BS STAFF’S REQUEST ANALYSIS AND RECOMMENDATION 14SN0508 Centralia Station LLC Bermuda Magisterial District Ecoff Elementary, Salem Church Middle and Bird High SchoolAttendance Zones South line of Centralia Road, west of Chester Road Within the vicinity of 4421 Centralia Road REQUEST:Amendment of zoning (Case 93SN0147) relative to density and accessin Agricultural (A) and Residential (R-7, R-9 and R-12) Districts, plus proffered conditions on adjacent property zoned Residential (R-7). PROPOSED LAND USE: A single-family residential subdivision with a maximum of twenty-one (21) lots, yielding a density of approximately 0.3 dwelling units per acreis planned. (NOTE: IN ORDER FOR THE PLANNING COMMISSION AND BOARD OF SUPERVISORS TO CONSIDER THIS REQUEST AT THEIR AUGUST 19 AND 27, 2014 MEETINGS, RESPECTIVELY, A $1,000.00 DEFERRAL FEE MUST BE PAID PRIOR TO THE PUBLIC MEETING.) PLANNING COMMISSION RECOMMENDATION THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR MEETING ON TUESDAY, AUGUST 19, 2014. STAFF WILL ADVISE THE BOARD OF THE COMMISSION’S ACTION AFTER THEIR MEETING. Providing a FIRST CHOICE community through excellence in public service STAFF RECOMMENDATION Recommend denial for the following reasons: A.While the proposalconforms to The Chester Plan, which suggests the property is appropriate for Residential use (1 and 1.5 dwelling per acre or less), the application doesnot mitigatethe impacts of this development on necessary capital facilities, thereby not insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. B.The Transportation concerns relative to safe access and road improvements for increased traffic have not been adequately addressed. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS.) PROFFERED CONDITIONS 1. Lots. A maximum of 21 lots shall be permitted. (P) 2. Access.There shall be no direct vehicular accessto Wellington Farms Subdivision. (P) 3. Open Space. Any portion of the subject Property that abuts Wellington Farms shall be maintained by the Centralia Station Homeowners Association as a sixty foot (60') wide open space area and shall be kept in a natural state, except as may be necessary for the location of utilities and landscape screening. (P) 4. Minimum dwelling size. All dwelling units shall have a minimum gross floor area of 2,000 square feet. (P) 5. Foundations. Foundations of homes shall be constructed of brick, stone, stucco or other finished materials. Unfinished cinder block or concrete foundations shall not be permitted. (P) 6. Fire Protection.All homes shall be provided with residential fire sprinklers installed in accordance with NFPA 13D or IPC P2904 requirements unless alternative fire protection water supplies meeting the fire code are provided. (F) (Note: With the approval of this case Proffered Conditions 23, 25, 26 and 27 of Case 93SN0147 would be deleted. All other conditions of approval of Case 93SN0147 would remain in effect.) 2 14SN0508-2014AUG27-BOS-RPT GENERAL INFORMATION Location: The request property is locatedon the south line of Centralia Road, the east line of Centralia Station, west of Chester Road. Tax ID 786-660-5178. Existing Zoning: A, R-7, R-9 and R-12 Size: 73.3 acres Existing Land Use: Single-family residential or vacant Adjacent Zoning and Land Use: North – R-7 and A; Single-family residential and vacant South – R-12 and R-9; Single-family residential and vacant East – A with conditional use and C-2; Single-family residential, commercial and vacant West – R-25, R-7 and A; Single-family residential and vacant UTILITIES Public Water System: There is a sixteen (16) inch water line located along the north side of Centralia Road, approximately fifty (50) feet from the request site. In March, 2014, the Board of Supervisors adopted amendments to the County Code relative to use of public water for new developments. The use of the public water systemnowis required by County Code. Public Wastewater System: There is a thirty (30) inch trunk sewer located along the south/southeastern boundary of the request site. In March, 2014, the Board of Supervisors adopted amendments to the County Code relative to use of public wastewater for new developments. The use of the public wastewater system is now required by County Code. ENVIRONMENTAL This land area was thoroughly vetted from an environmental standpoint by virtue of the previous tentative Case 08TS0264. The major reduction in proposed density should have a positive impact environmentally. 3 14SN0508-2014AUG27-BOS-RPT PUBLIC FACILITIES The need for schools, parks, libraries, fire stations, and transportation facilities in this area is identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement Programand further detailed by specific departments in the applicable sections of this request analysis. Fire Service: ThePublic Facilities Plan as part of the Comprehensive Planindicates that fire and emergency medical service (EMS) calls increased by forty-four (44) percentfrom 2001 to 2011, significantly faster than the county’s population increase of seventeen (17)percent. Of the total incidents in 2011, nearly seventy-six (76) percent were medical emergencies and twenty-four (24)percentwere fire-related. It is expected with the general aging of the population that medical emergency incidents will increase faster than the rate of population growth over time. Five (5) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the five(5)new stations, the Plan also recommends the replacement/revitalization of four (4) existing stations. Based on twenty-one (21) dwelling units, this request will generate approximately six (6) calls for fire and emergency medical service each year. The applicant has not addressed the impact on fire and EMS due to the absence of cash proffers. The Centralia Fire Station, Company Number 17, currently provides fire protection and emergency medical service.There is no mechanism for providing timely fire protection water supplies in the absence of public water in this fire district. Due to changes to the County Code, this project now requires connection to public water. Fire and EMS would not support a request for exception to this requirement. If this applicant decides to seek exception to this requirement, Proffered Condition 6 requiring the use of private fire sprinkler systems in each dwelling, should remain. Whenthe property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. 4 14SN0508-2014AUG27-BOS-RPT Schools: 21 Residential Yield: Student Yield From Functional % of Membership, No. of SchoolNameResidential Capacity, Capacity, 9-30-13Trailers ** Development 2013-142013-14 * Elementary:Ecoff472686184% Middle:Salem Church28531,08978% High:Bird31,8432,02091%5 Total9 Projected Membership and Capacity Trends Over Time *** Projected % of Projected % of Projected % of SchoolNameMembership, Capacity, Membership, Capacity, Membership, Capacity, 9-30-14 2013-149-30-15 2013-149-30-20 2013-14 Elementary:Ecoff 73485% 73185% 72985% Middle:Salem Church 85478% 84978% 86579% High:Bird 1,88393%1,89094% 1,84891% NOTE: * The Student Yield is based on the FY2014 Cash Proffer Methodology as provided by the Chesterfield County Finance Department. NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified in the staff report. Student Membership is based on membership as of 09-30-13. School Capacity is based on the 2013-14 Space Utilization Study. *** DISCLAIMER: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS and are based on the September 30 membership for a given year and the Space Utilization Study Report which is conducted every year. The Space Utilization Study is a report that is conducted annually whereby Planning staff conducts a site visit of every school in the county and the Principal reviews his or her floor plan and identifies the use of every classroom. From that information a report is prepared that calculates the Functional Capacity of that school. The school system needs to know how each of their facilities is utilized for funding and space allocation purposes. Again, it is important to note that these numbers change every year. After review of this request, the proposed rezoning case will have a minimal impact on the aforementioned schools involved. The projected student membership and capacity trends at this time indicate a slight increase in membership at the elementary and secondary levels by 2020.However, over time this case, combined with other tentative residential developments,infill developments and other zoning cases in the area, will 5 14SN0508-2014AUG27-BOS-RPT continue to push these schools to capacity. Therefore, the aforementioned units should be subject to full cash proffers, to mitigate the impact that this proposed development would have on schools. Libraries: Development in this area of the County would likely impact either the Chester Library or a proposed new library in the vicinity of Kingsdale,Chester and Hopkins Roads. The Public Facilities Plan identifies a need for this new facility torelieve current and future demand on the existing Chester Library. The applicant has not offered measures to address the impacts of this development on library facilities. Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional parks totaling 600 acres, ten (10)community parks totaling 790 acres, nine (9) neighborhood parks totaling 180 acres, and three (3)water-based special purpose parks. The Plan also identifies the need for urban parks within mixed use developments to compliment and provide linkages to the County’s park system. The Planidentifies the need for linear parks & trails and resource-based special purpose parks [historical, cultural and environmental] and makes suggestions for their locations. The Planalso addresses the need to expand existing park sites to meet level of service standards. The Planalso identifies the need to improve access to blueways through the acquisition of easements and properties. Co-location with schools and other compatible public facilities is desired. The applicant has not offered measures to address the impacts of this development on parks and recreation facilities. County Department of Transportation: The applicant is requesting deletion of several proffered conditions for development of the property that the Transportation Department cannot support. In 1989, the Board of Supervisors adopted a Countywide Thoroughfare Plan. Included in the Plan was a proposed major arterial (“Hopkins Road Extended”) extending from Old Lane, across Centralia Road, through part of the property and continuing south of Iron Bridge Road (Route 10). In February 1994, the Board of Supervisors approved rezoning of the property (Case 93SN0147). With that zoning approval, the Board accepted proffered conditions that, among other things: 1) established a maximum density of 135 dwelling units; 2) required construction of Hopkins Road Extended from Centralia Road through part of the property; and 3) required construction of left and right turn lanes along Centralia Road at its intersection with Hopkins Road Extended. The specific alignment of Hopkins Road Extended and its intersection with Centralia Road was also proffered with that zoning case. 6 14SN0508-2014AUG27-BOS-RPT In July 2005 with the adoption of The Chester Plan, the extension of Hopkins Road was completely removed from the Thoroughfare Plan. In April 2009, the Planning Commission approved a tentative subdivision plat (Centralia Station Subdivision - Case 08TS0264) for the property and several residentially zoned parcels along the south side of Centralia Road. The approved tentative plat consists of ninety-nine (99) lots, and as required by zoning shows a new public road along the same alignment as the previously planned Hopkins Road Extended from Centralia Road to serve the development. The applicant is now requesting deletion of several proffered conditions, and has proffered a maximum density of twenty-one (21)lots (Proffered Condition 1). Based on single-family trip rates, development of the property could generate approximately 250 average daily trips. These vehicles will be initially distributed along Centralia Road, which had a 2009 traffic count of 10,732 vehicles per day. This section of Centralia Road is at capacity (Level of Service E) for the volume of traffic it carries. The applicant has requested to delete proffered conditions relative to the construction of the new public road (previously named “Hopkins Road Extended”) and all turn lanes along Centralia Road. The applicant plans to access the proposed development onto Centralia Road via Centralia Station. Without the construction of the new public road, approximately nineteen (19) acres of undeveloped property [about six (6) acres currently zoned Agricultural (A) and 13 acres zoned Residential (R-7)] could also potentially be developed and access Centralia Station. Assuming 2.0 units per acre for the undeveloped property would result in an additional thirty-eight (38)units accessing Centralia Station. Considering the requested twenty-one (21)units on the property, it could total a potential of fifty-nine (59) units accessing Centralia Station. Based on single-family trip rates, development of fifty-nine (59)units could generate approximately 650 average daily trips. Eastbound traffic during peak periods along Centralia Road routinely stores beyond the CSX railroad tracks because of the high volume of traffic traveling through the signalized intersection of Centralia Road and Chester Road. The intersection of Centralia Station onto Centralia Road is located approximately 350 feet from the railroad tracks. This distance does not provide adequate separation to serve as access for the undeveloped property in the area south of Centralia Road, which includes the proposed development. Vehicles waiting to turn left from Centralia Road onto Centralia Station, especially when turn lanes are not provided, could cause vehicles to back-up across the railroad tracks and possibly into the Centralia Road/Chester Road intersection. The current proffered conditions would require the new public road to be constructed approximately 700 feet from the CSX railroad tracks, with left and right turn lanes along Centralia Road. These required improvements would provide a much safer access for development of the property. The proposed Southeast High Speed Rail (SEHSR) Corridor project between Richmond, VA to Charlotte, NC, will utilize the CSX tracks adjacent to the property. The Draft Tier 7 14SN0508-2014AUG27-BOS-RPT II Environmental Impact Statement included preliminary designs for grade-separated crossings along the railroad corridor. The preliminary design for this project proposes construction of a bridge structure for Centralia Road that would span over the CSX railroad and over Chester Road. A copy of the Centralia Road Subdivision tentative plat was submitted as information for the SEHSR preliminary design, and it was determined that the intersection of the new public road and Centralia Road could be accommodated with that project. Staff has not forwarded information on this rezoning request to the SEHSR group to evaluate the impact of the Centralia Road grade-separated design on the Centralia Station intersection. Construction of the SEHSR project is dependent on funding, and therefore a definite schedule has not been established. The traffic impact of this development must be addressed. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has not proffered to contribute cash, in accordance with the Board of Supervisors’ Policy, towards mitigating the traffic impact of the development. As previously stated, the Transportation Department cannot support the request. Virginia Department of Transportation(VDOT): VDOT notes that the Department approved a ninety-nine (99)lot tentative subdivision plan/street layout submitted under Case 08TS0264 in March 2009. That approval noted State acceptance of the subdivision roadways under the 2005 Subdivision Street Requirements, SSR’s. A reduction in lots to 21 (as proffered) necessitates the need for a revised tentative submittal, which triggers acceptance of the subdivision roadways for maintenance to comply with the provisions of the current acceptance regulations- Subdivision Street Acceptance Requirements (SSAR’s) (24VAC30-92) and associated Road Design Manual Appendices.Included in those provisions are meeting connectivity (two external connections to a publically maintained street or one connection and the provision for a stub out to an adjacent developable parcel) and pedestrian accommodations (street ADT dependent). The street layout/public roads shall be designed pursuant to those regulations/standards. Access to the site via the existing state route of Centralia Station Road (Route 2005) requires the issuance of a land use permit for construction of that connection. Permit issuance is further contingent on construction plan approval of the connection designed in accordance with Department standards. Any offsite improvements beyond that connection, such as to existing Centralia Station Road or at the connection to Centralia Road(Route 145), including turn lanes, are outside the authority of the Department and are at the discretion of Chesterfield County. Should access to the site be through a new public road/public connection to Centralia Road, as originally proffered, then that connection is subject to compliance with Department standards, including compliance with Access Management Regulation (24VAC30-73) spacing between existing intersections and compliance withthe construction of turn lanes as warranted. The public road is further subject to compliance with the aforementioned SSAR’s and Road Design Manual. 8 14SN0508-2014AUG27-BOS-RPT Financial Impact on Capital Facilities: Per Dwelling Unit Potential Number of New Dwelling Units21* 1.00 Population Increase56.12 2.67 Number of New Students Elementary4.42 0.21 Middle2.40 0.11 High3.21 0.15 Total 10.03 0.48 Net Cost For Schools$ 198,345 $ 9,445 Net Cost for Parks$ 26,187 $ 1,247 Net Cost for Libraries$ 6,783 $ 323 Net Cost For Fire Stations $ 14,889 $ 709 Average Net Cost Roads$ 168,399 $ 8,019 Total Net Cost $ 414,603 $ 19,743 *Based on Proffered Condition 1 of case 14SN0508. The actual number of dwelling units and corresponding impact may vary. The original Zoning Case 93SN0147 was approved in February 1994. Condition 23 of 93SN0147 proffered a residential density of 135 dwelling units. The original case did not include cash proffers. In this rezoning request, the applicant has requested to delete this condition and to proffer a maximum density of twenty-one (21) units. The applicant has not offeredcash to address the impacts of these units on capital facilities. As noted, this proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, parks, libraries, fire stations and roads as $19,743 per unit. The current Cash Proffer Policy allows the County to assess the impact of all dwelling units in previously approved zoning cases that come back before the Planning Commission and Board of Supervisors using the calculated capital facility costs in effect at the time the case is reconsidered. The applicant has not addressed the development’s impact on capital facilities, and consequently the County’s ability to provide adequate facilities to its citizens will be adversely impacted. The Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this request that may justify acceptance of the proffers as presented. 9 14SN0508-2014AUG27-BOS-RPT LAND USE Comprehensive Plan: The subject property is located within the boundaries of The Chester Plan, which suggests the property is appropriate for Residential use (1 and 1.5 dwelling per acre or less). Area Development Trends: Area properties to the north are zoned Residential (R-7) and Agricultural (A) and are occupied by single-family residential uses on acreage parcels or are vacant. Properties to the south and west are zoned Residential (R-25, R-12, R-9 and R-7) and Agricultural (A) and are occupied by single-family residential uses in the Dense Wood Hill and Wellington Farms Subdivisions and on acreage parcels or remain vacant. Property to the east is zoned Agricultural (A) with conditional use planned development approval and Neighborhood Business (C-2) and is occupied by Seaboard Coastline Railroad right-of- wayor is vacant. It is anticipated single-family residential development will continue in this area, as suggested by the Plan. Zoning History: On January 26, 1983, the Board of Supervisors approved Residential (R-12 and R-9) zoning on property which included most of the subject property (Case 81SN0097). A single-family residential subdivision was planned to be developed on the property. On February 23, 1994the Board of Supervisors, upon a favorable recommendation from the Planning Commission, granted conditional use approval to permit outdoor recreational facilities on a portion of the subject property and on adjacent property east of the railroad right-of-way (Case 93SN0147). A commercial outdoor recreational complex, to include a golf course, clubhouse, driving range, miniature golf, batting cages, pro shop and accessory facilities were planned. However, a single-family residential subdivision of up to 135 lots could also be developed on the subject portion of that request, as was allowed by the underlying zoning and Proffered Condition 23 of Case 93SN0147. Density and House Sizes: The applicant has agreed to limit development to a maximum of twenty-one (21) lots (Proffered Condition 1), yielding a density of approximately 0.3 dwelling unitsper acre. This represents a 114 lot reduction from what is currently allowed. Access: To address concerns from property owners in the Wellington Farms development the applicant has agreed to prohibit direct vehicular access from the subject property to Wellington Farms (Proffered Condition 2). It should be notedthatan emergency access easement has been recorded over what was previously known as Fox Chappel Road in Wellington Farms Subdivision, which stubbed into the subject property. Fox Chappel 10 14SN0508-2014AUG27-BOS-RPT Road was vacated by the Board of Supervisors on April 14, 2011 and recorded as open space and dedicated as drainage, utility and emergency access easementsto the County. Open Space: To address concerns of residents of Wellington Farms Subdivision relative to visual separation between developments, the applicant has agreedto provide a minimum sixty (60) feet of open space along any portion of the subject property that abuts Wellington Farms (Proffered Condition 3). The provisions of the proffer require the open space to be kept in a “…natural state, except as may be necessary for the location of utilities and landscape screening.” This is not specific as to the treatment of the open space and leaves it open for interpretation. This proffer should specify treatment of the open space specific to vegetation to be retained and/or planted. Architectural Treatment: The minimum house size offered is 2,000 square feet (Proffered Condition 4), where there previously was no minimum. In response to concerns expressed by area property owners about the possibility of the appearance of unfinished cinder block or concrete foundations, the applicant has offered a proffer that foundations of home would be constructed of brick, stone, stucco or other finished materials (Proffered Condition 5). The applicant should clarify what is meant by “other finished materials”, so as to avoid any confusion during the plans and permit review processes. CONCLUSIONS While the proposal conforms to The Chester Plan, which suggests the property is appropriate for Residential use (1 and 1.5 dwelling per acre or less), the application does not mitigate the impacts of this development on necessary capital facilities, thereby not insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. In addition,Transportation concerns have not been adequately addressed relative to safe access and road improvements for increased traffic. Given these considerations, denialof this request is recommended. ______________________________________________________________________________ CASE HISTORY ______________________________________________________________________________ Applicant (9/17/13): A new proffered condition was submitted, in an effort to address concerns expressed by the Fire Department. ______________________________________________________________________________ 11 14SN0508-2014AUG27-BOS-RPT Planning Commission Meeting (9/17/13): Mr. Patton recused himself from the meeting due to a potential conflictof interest. The applicant did not accept the recommendation. There was support present. Dr. Wallin noted the proposal is closer to compliance with the Comprehensive Plan; enhances the community; and reduces the impact on public facilities. Mr. Waller expressed concerns relative to deletion ofan emergency access; impacts onfire protection due to planned use of individual wells; and the impact on capital facilities not being addressed. Dr. Wallin made a motion to recommend approval, which failed due tolack of a second. On motion of Dr. Wallin, seconded by Mr. Waller, the Commission voted to forward the case to the Board of Supervisors without a recommendation. AYES: Messrs. Brown, Wallin and Waller. ABSENT: Messrs. Gulley and Patton. Staff (9/20/13): The County Attorney's Office advisedthat State law requires that a recommendation be made by the Commission when it forwards a zoning case to the Board after public hearing. Accordingly, the Commission's vote was ineffectual and the case, by law, returns to the Commission's agenda for a recommendation. Staff (9/25/13): To date, no new information has been received. Planning Commission Meeting (10/15/13): On their own motion and with the applicant’s consent, the Commission deferred this case to their December 17, 2013 public hearing. Staff (10/15/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 21, 2013 for consideration at the Commission’s December 17, 2013 public hearing. 12 14SN0508-2014AUG27-BOS-RPT Board of Supervisor’s Meeting (10/23/13): On their own motion and with the applicant’s consent, the Board deferred this case to their regularly scheduled meeting in January 2014. Staff (10/24/13): The applicant was advised in writing that the case was deferred to the Board’s regularly scheduled January 2014 public hearing. Staff (11/15/13): To date, no new information has been received. Planning Commission Meeting (12/17/13): On their own motion and with the applicant’s consent, the Commission deferred this case to their January 21, 2014 public hearing. Staff (12/17/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 23, 2013 for consideration at the Commission’s January 21, 2014 public hearing. Staff (12/23/13): To date, no new information has been received. Staff (12/23/13): If the Planning Commission acts on this request on January 21, 2014, the case will be considered by the Board of Supervisors on January 22, 2014. Planning Commission Meeting (1/21/14): Due to inclement weather, the Planning Commission meeting was postponed to January 23, 2014. 13 14SN0508-2014AUG27-BOS-RPT Board of Supervisors Meeting (1/22/14): On their own motion and with the applicant’s consent, the Board deferred this case to their April 23, 2014 public hearing. Planning Commission Meeting (1/23/14): At the request of the applicant, the Commission deferred this case to April 15, 2014. Staff (1/24/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 3, 2014 for consideration at the Commission’s April15, 2014 public hearing. The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Commission’s public hearing. Staff (3/6/14): To date, no new information has been received. Staff (3/26/14): If the Planning Commission acts on this request on April 15, 2014, the case will be considered by the Board of Supervisors on April 23, 2014. Applicant (4/15/14): The deferral fee was paid. Planning Commission Meeting (4/15/14): At the request of the applicant, the Commission deferred this case to August 19, 2014. Staff (4/16/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 9, 2014 for consideration at the Commission’s August 19, 2014 public hearing. 14 14SN0508-2014AUG27-BOS-RPT The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Commission’s public hearing. Board of Supervisor’s Meeting (4/23/14): This case was double-advertised, and was deferred by the Planning Commission at their April 15, 2014 public hearing to their August 19 meeting. On their own motion, the Board deferred this case to August 27, 2014, in order to receive a recommendation from the Commission. Staff (4/23/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 9, 2014 for consideration at the Board’s August 27, 2014 public hearing. Staff (7/23/14): To date, no new information has been receivednor has the deferral fee been paid. Staff (7/26/14): If the Planning Commission acts on this request on August 19, 2014, the case will be considered by the Board of Supervisors on August 27, 2014. The Board of Supervisors, on Wednesday, August 27, 2014 beginning at 6:30 p.m., will take under consideration this request. 15 14SN0508-2014AUG27-BOS-RPT éî   ùéäêûóðêíûø éèûèóíî ù÷îèêûðóû éî