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04SN0120-Dec 17.pdfDecember 17, 2003 BS STAFF, S REQUEST ANALYSIS AND RECOMMENDATION 04SN0120 Victor Morfissette REQUESTS: I. II. Clover Hill Magisterial'District Crenshaw Elementary School, Bailey Bridge Middle SChool and Manchester, High SchoOl Attendance ZOnes East line of Stigall .Drive Rezoning from-Agricultural (A) to Residential (R, 12). Relief to street access requirements to allow :sixty (60) lots on-0ne (t) access. - PROPOSED. LAND USE: A single family residential subdivision-is planned: The~applicant has limit developmem to :a~maxirnum o£ twelve (12)lOts :yielding a approximately t ;7"dwelling units per acre. rof PLANNING COMIVIIS SION ,~COMMRNDATION RECOMMEND APPROVAL ~ ACCEPTANCE :OF THE PROFFERED CONDITIONs;.ON PAGES 2 AND 3. ' ' ~ AYES: MESSRS. LITTON, GULLEY AND STACK. NAYS: 'MESSRS. GECKER AND CUNNINGHAM. STAFF RECOMMENDATIONS I. Recommend approval of the rezoning for the following reasons:. ho The proposed zoning and. land use comPlies with the Cen~al Area Lanff use'P1an 'which suggests.thepropetty is appropriate for residential: developmefit6f :i~:0 .to:' 2.Sunits per acre. . . Providing a FIRST CHOICE Community Through Excellence in public Service.. II. The proffered conditions~ adequately address the :impact of this developmemon necessary capifal:faci!i.ti'es, as o~tlined in. the:Zoning o~dinance and the Comprehensive Plan! Specifically, the need for'::sch°ois, Parks, librarieS; fire stations and transpomtion facilitieSis identified.lin th~-Cou~!:s adopted!Pablic Facilities Plan~ the capital;. ImprovementProgram and :~e.Thoroughfare Plan and the impact of ~S-devel6Pment is-:disCUSSed herein; ,JThe proffered cOnditions adeqUately mitigate: th¢~i~mpact on-caPital facilities.- and-[hereby ensUre that adequate service-levels are maintained ias necessary .to. prOtect.the health~:safety and welfare of County citiZens. . Recommend denial of the request :for relief to street access mquirementsfor more than fifty (50) lots for the folloWingreasons: The request fails to meet the ·criteria estabfished in the .subdiviSion Ordinance'for the granting of such exception. B. Without the pro~ision of-a second aCcess,i the, accessibility ~to and from the 'development in an emergency situatiOn, shOuld:aC6ess b;- !bl0cked~.' ~ll/;be restricted thereby adversely affecting the health,, safetYiland welfare of ~iti~ensin the development. .. (NOTE: THE'ONLY CONDITION~T MAY BE ~OSEDIS A BUFFER CONDI~IONj: THE PROPERT~,oWNER(S)_-~Y.PROFFER oTHER~coNDiTioNS;..T~ cONDii~IONs.: NOTED WITH STAFF/CpC,:!"~!AGREED:'~ON BY BoTH STAFF i. COMMISSION, iCON_DITIONS!:~ONLY A,?Tq~F" ~;'~coMMENDEDSOLE~Y: BY STAFF: 'CONDITIONS:.:~TH~-?O~Y A :CPC' ARE.:'~ ADmTION~ C i IONS: RECOMMENDED BY THE PL~,IO COMMISSION.) '- . PROFFEI~D'CONDITIONS ~ (STAFF/CPC) 1. The public-water and wastewater-systems shall be :used. (STAFF/CPC) 2. (STAFF/CPC (STAFF/CPC) o DeVelopment shall be bruited to a m~um or,twelve (I2)-~ lots. (P) ~ the follo~gto' 2 04SN0120-DE¢ $9,000 per dwelling unit, ·if paid priOr to July 1, 2003; or the amount approved by the. Board of Supervisors not to exceed $9~0001per dweilinguni'tl adjusted upWardby any mcrease in the Marshail and SWift. Building. Cost Index between July 1, 2002 and July }~ofthe fiSCal year. in:which the payment is made, if paid ~fte~ June 30~: 2003. ' ' In the event the cash paymems not Used for-the 'purpose for Which Proffered within 15 years of receipt, the ·Cash shall be returned in full to. the payor. (B&M) ~ (STAFF/CPC) 5. The minimum gross floor area for dWellings shall;be: ao one story - 1,300 square feet more than one story- 1,850.sqUarefeet (BI) GENERAL INFORMATION LocatiOn: East line of Stigall Drive, across from Brandenburg DriVe. Tax IDs .744-681-2542 :and 4918 (Sheet 16). Existing Zoning: A Size: 7.2 acres Existing Land Use: Single family residential Or vacant Adj acentiZoning and Land Use: North - R-12; Single: family residential or vacant .SOuth' - A and R-15; Single-family residemiai or vacant East -R-12; Single family residential or vacant West- -A and R-9; Single ~?amiiy- residential o~ vacant 3 04SN0120-DEC17~BOS UTILITIES Public Water System: There is an existing eight (8) inch water line that. extendsla!Qngthe weSt0m side Of sfigall' Drive, adjacent to this site. Use of the publiC-water!isYste~!~is' inten~ted;and haSq~eni proffered, (Proffered Condifi°n I) ~ -" ' Public Wastewater System: There is an existing eight (8):inch wastewater collector extending fr°m Moravia:Road,_ across the. request site, to serve_the Hunters Landing deYelOp~entnorth of this.Site.'Use o f the public wastewater sYstem-is intended and has been Pro'fei:ed, '(P~°ffered C6hdifioa Drainage and Erosion: ENVIRONMENTAL The subject property drains to the south through Clifton Farms Subdivision-and then-via tributaries to Swift Creek~ There are no existm:_or anticipa~edi~0n~ :Or 0ff_site:;erOSiOn; problems.: Drainage wiH: be evaluated dung ;thei tentafi~e:-i~bdiviSi0n review'~r6~ess:- The prOPerty is wooded and'ShOUld not be.~bered with0fit 0btaining:~ land dis~bance pe.,,r~i.'t from the Department'of Envi~onmen...~.~'.En~ee~g(pi~ffered ¢0ndition 2)~: 'This w~ll msure adequate erosion::Conttol measures;,are~,in place:~fio3~to!any timbering PUBLIC FACILITIES The need for fire, school, library;-park: and Facilities 'Planl .the Thorou~lffare'ipl~iand the will have an impact on these facilities: Fire Service: The Waterford Fire/Rescue Station, Company prOteeti0n and ' TI~6 emergency services (8)'~ new fire/rescue Based on Iwelve calls for-fire and emer measures to assist in addressing the impacl '(Proffered Condition 4) The applicant has requested .:an, exception aPPlicant plans to acce~ the sUbj~ct pr°i~ertY: from a C~ole Heights development 16~ate~i off' th~:a~jacent' approved, tentative 4 04SN0120-DEC17&BOS i prohibited a connection to a stub road. in the. Hunters .'Landing Subdivision, therefore eliminating the possibility of .a second iaccess to the development from Hunters Landing. This case will .bringCthe ;total number .of-lots off of a single access to an excess of fifty (50). The Fire D.epartment opposes the granting Of an. exception to street access requirements. Schools: Approximately six (6) students:will be generated by:this development. ~oa'rently, :this site lies in the Crenshaw- Elementary schOol, attendance?Zone:' ~. capacity.~ 733, enrollment - 786; Bailey Bridge Middle SchOol zone:: capacity:~-1,621,: enroIiment -~ 1,617;: and Manchester High S~0°l zone: caPacity.- i,962, enr~lime~it - 2,399.:i. This-request will have an impact on the elementary and ~high:!sChools:~involved. ~R'will also-have an-impact at-the middle school lextel because BaileY_Bridge is So ..close ~ to capacity. There are currently eight (8) trailers at CrenshaW.. Elementary; .twenty (20) trailers .at Bailey Bridge-Middle;and seventeen(17) trailerS:at ManChester High- The apPliCant-has offered measures'to assist:in :addressing ::the~: impact .of this propOsed developmem on school facilities~~ (Proffered Condition 4) It should be noted, two '(2) new 'high schools, proposed to be built by. 2006~ :.would replace Clover Hill High,:and relieve Manchester High. Libraries: Consistent with the Board of Supervisors' Policy, the impactof development on library services is assessed Countyrwid~. Based'on Projectea'p0P~ati°n:'~)wth; the/publi~~ .Fadlifies Plan identifies'a neeOi:f6r additionalilibrary space:thrOu~oUt~the coUnty:- EVen - if the facility improvements that,:have been made since the :Pibxt'Was PUbliShed are taken into iaccount, there is still an '~et need for. additionaI:iibtarY spree throughOUt-the County. DevelOpment of this property could impact the existing Clov~r Hill Library, the LaPrade Library o~ a proposed' ne~, faeili~, near Lucks Lane. ~qne...'Publie Facili~es plan identifies a need fo~ additional libr~ .sPae-~ in this. area ~ofthe cotmty;~i The applicant has.°~ered measures"to assist in'; addressing the impact of this. development oni.: library facilities: (Proffered Condition 4) ' ~ Parks andRecreation: The Public Facilities Plan identifies the need for fou~ (4)new regiOnal-ParkS. -In addition, there is durremly a Sh6ftage':h'f~ community ~park acreage. h-the :~ounty,: 'The~Pla~:: identifiesa need for 625 acres 0fregional park space and:"l 1~6 acres: ~f Comm~ty park space'by 2015. The:Plan alsO.identifies the-need f0r'.neighborhood~:iparks, and! ~P~eia1 p~oSe parks and mal<r~sSuggeStions for their locations. ' ' -' ~ ~ ~ '- 04SN0120-DEC 1-7¢BOS The applicant has offered:meaSures to assist in addressing the impact-of thiS proposed deVelopment on parkSandrecreation facilities. (prOffered c°nditio~ 4). ' Transportation: The property (7.2 acres)is' currently zoned Agricul~al (A), and.the applicant' is requesting rezoning to; :Residential (R-12);: Based: on i:?ingle~fami!y trip.: :':rateS; developn~ent could generateappmXimately.130~ average dai~Y~itri~;s:. TheSe veh~qe~ Will be distribUted along stig~i:-Dfi~e to Genii0 Road whieh liad a'200;i traffic,¢6unt,°f 9;'369 vehicles Per day, and:t° ~Bailey Bridge R0ad which had ~a 2O02 trafac Countof 11,000 vehicles per day..~ ' . ' The traffic impact of this ~dev. eloPment must be addresSed. Area:roads need to be imProVed to address safety ::andaCcommodate: the inCm~e .in :traffic generated'.':by2his development. The apPlicant has'~:pmffered; to contribute :cash~ inTan amount conSiStent. with the Board of Supe~is°r~'i~i-POlicy, towards mifigating:~thel tr~c impact;-:~fithis development. (Proffered COndifi0n 4) At time of tentative, subdi~isi0n'-review; speeffic reeommendafionsmill be provided regarding ~the proposedintemal Street network. Impact Capital Faeilitie Financial: on s: Population Increase· ' , 0:54 Net COst f0r:?~lcs . '- ' .8,3 Iff -: 693`: Net Cost:for rotaries · .'' :' 4~3'001- - -':. ' '. 375· Net CoSt f°r:Fkestations Average-mt ~ost for Roads *Basedon:a prOffered maximum .demity (Proffered Condition:3): ':Actual number ofl'ots and corresponding imPact may v~: · .:' - · . ' . 6 · 04SN0120.DEC!7~BOS 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~, roads, parks, libraries and fire stations at $10,425 per unit. The. applicant has been advi-sed thatamaximum:~proffer: of:$9,000 per unit would defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' PoliCy, and proffers accepted from other-applicants, the applicant has offered cash to assist'in defraying the cost of this~proposed zoning on .Such capital facilities. (Proffered Condition'4)~ Note that circumstances relevant to this case, as presented by the applicant, have been reViewed and it has been determined that it is appropriate to accept the maximum cash proffer in this case. LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area .Land Use Plan which. :suggests that :the property is appropriate for residential use of 1.0 to 2.5 units per acre. Area Development TrendS: Property to the north and east is zoned Residemial (R, I2) andis .being developed as Carole Heights Subdivision..' Property to the south is:zoned Agricultural. (A)and Residential (R-15) and is occupied by single family residential development-on an acreage parcel and in-Clifton'Farms Subdivision. Properties to the west., are zoned Agricultural (A) and ReSidential. 0~-9)and are occupied~by single family residential development on an acreage parcel and in Frederick Farms SubdiVision. ReSidential development at densities ConSiStent with the Plan' is expected to continue in this area~ House Sizes: The applicant has proffered house sizes consistent with. those approved for the Carole Heights Subdivision to the, nOrth;and east. (Proffered Condition 5) CONCLUSIONS The proposed zoning and land Use complies with the Central Area Land. Use Plan which suggests the property is apPropriate for residentialidevelopment:ofl.0 to 2.5 ufiits per acre. The proffered conditions adequately ad&ess the impact of this deVelopment:on necessary capital facilities, as outlined in the .ZOning Ordinance and the ComprehenSive :Plan. Specifically, .the' need for schools, parks, librarieSi fire:Stations and ~anSPort~tti°n facilities is identified ~ the. County's adopted ubhc Facllmes Plan, the Capital Improvement Program and the Thoroughfare Plan and the impact of this deVelOpment is disCUssed herein:. 'The PrOffered conditions adequately mitigate the impact on capital facilities and thereby ensure that: adequate::Se~ice. levels are maintained as necessary to Pr6tect the health, Safety and wel.fare of Count3~ citizenSi 7 04 SN0120 -DEC 1.7-BO S The requested relief to street access requirements for more than fifty! (5.0) lots fails to meet the criteria established in the Subdivision Ordinance for the granting: ..°fSUCh· excePtion.., Specifically,. staff finds no existing severe topographic, physiCal:Or extenuating; c~cumstances -within- the pr.o!ect b?undaries that woUld not~Permlt~ a practical meam for a S~c°nd~ acdess: Importantly~ without the provision of a second-accesS, the accessibility to and-fr0m:~the develoPment in an emergency situation, should access be blocked, will be. restricted :therebyadversely ~c-feeting the health, safety and welfare of citizens in the development.: Given these considerations, approval :of Request I: (rezoning)..and. denial of Request II (relief.to street access requirements) is recommended. CASE HISTORY Planning Commission Meeting (11/1:8/03): The applicant did not accept staff's recommendati0n,, but?:did accept the :Planning' Commission's recommendation;.' There was no ~oppositiOn ~i~reSent. Mr. Gulley indicated that the access which.wOuld have. :prOvided a Second means of ingress and egress was precluded'from being extended through aprevi0us zoning action. He noted that the extensi°n-was eliminated because of.neighb~h°od opPosition, i On motion of Mr. Gulley, :sec.0nded by Mr~ Litton, the Commission recommended apprOval of this request, and acceptance of the proffered condifi°ns on Pages 2 and 3. AYES: Messrs. Litton,'GUlleyand Stack. NAYS: 'Messrs. Gecker mid-~unningham. The Board of Supervisors, on Wednesday, December 17, 2003, beg~g at 7i00 p.m.s-will,take under consideration this request: 8 04SN0120-DEC17-BOS CAROLE HEIGHTS PHASE I (UNRECORDED) CAROLE HEI'GHTS COMPILED 'PLAN SUBJECT PROPER~ 4 './ j 4~X ~ 8 2 /i o4.$NOiZ o -i