04SN0107-May26.pdfMay 26, 2004 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
04SN0107
Jacobs Glenn LC
Dale Magisterial District
West line Newbys Bridge Road
REQUEST: Amendment to zoning (Case 00SN0266) to delete a requirement to provide an
emergency access.
PROPOSED LAND USE:
A single family residential subdivision is planned. Conditions of zoning approval for
Case 00SN0266 require the provision of an emergency access from the property.
Relief from this requirement is requested.
PLANNING COMMISSION RECOMMRNDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
AYES: MESSRS~ LITTON, GULLEY AND sTAcK.
NAYS: MESSRS. GECKER AND CUNNINGHAM.
STAFF RECOMMENDATION
Recommend denial for the following reason:
The adjacent Jacobs Glenn Subdivision has more than fifty (50) homes that have only one
(1) point of access. The intent of the emergency access fromthe subject property to Jacobs
Glenn Subdivision is to provide a second means of access for emergency vehicles. Since the
current zoning prohibits, a public road connection to the stub mad, the emergency access road
should still be required.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) ~MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMlVHSSION. CONDITIONS WITH ONLY A "STAFF, ARE RECOMMENDED SOLELY BY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.')
PROFFERED CONDITION
(CPC)
No public road connection' shall be provided to jaCobs Bend Drive in the JaCobs
Glenn SubdiviSion. (P&T)
GENERAL INFORMATION.
Location:
West line of Newbys Bridge Road, south of Valencia Road. Tax ID 759-684-2733 (Sheet
ll).
Existing Zoning:
R-12
Size:
30.0 acres
Existing Land Use:
Single. family residential
Adjacent Zoning and Land Use:
North - A; Single family residential or vacant
South - R-12; Vacant
East - A and R-9; Single family residential
WeSt - R,12; single family residential or vacant
UTILITIES AND ENVIRONMENTAl;
The requested amendment will have no impact these facilities.
2
04SN0107-MAY26-BOS'
PUBLIC FACILITIES
Fire Service:
This property is currently served by the Manchester Fire/Rescue Station, Company Number 2
and Manchester Rescue Squad.
At the time Jacobs Glenn, Section C was subdivided, a stub road, Jacobs Bend Drive, was
provided to the subject property. The intent of this stub road was-to ultimately prOvide a
second means of access for emergency vehicles to Jacobs Glenn Subdivision. In lieu Of
public road access to this stub road, the approved proffered condition requires an emergency
access to Jacobs Bend Drive. (Proffered Condition 15, case 008N0266)
· The applicant is requesting to remove the requirement for the emergency access road. Jacobs
Glenn currently has more thanfifty(50) homes that have Only one (1) point of access. Since
the ZOning prohibits a public road connection to the existing stub road, the emergency access
road shOuld still be required. Therefore, staff does not support-deletion of the requirement to
provide this emergency access.
Transportation:
The requested amendment will have no impact on these facilities.
LAND USE
Comprehensive .Plan:
Lies within the boundaries of: the Central Area Plan which 'sUggests the property :is
appropriate for residential USe of 1.0 to 2.5 dwelling units per acre.
Area Development Trends:
The area is characterized bY Agricultural (A) and Residential (R'9 and R- 12) zoning and has
been developed for single familyresidential uses or remains vacant. Based upon the adopted
Plan, further residential development is anticipated'in th~ area~
Zoning History:
On January 24, 2001, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning of the request property (Case 00SN0266). With
approval of Case 00SN0266, theapplieant agreed to-provideanemergency access from the
eastern terminUS of Jacobs Bend Drive through the subject property (Proffered Condition 15,
Case 00SN0266). The intent of the emergency accessis to provide a second means of access
for.emergency vehicles to Jacobs Glenn Subdivision.' The emergency access is intended to
accommodate pedestrian and bicycle traffic, as well Primary access is proposed to NeWbys
3 04SN0107-MAY26-BOS
Bridge Road. The applicant noTM wishes to be relieved of the requirement to provide 'the
emergency access.
Site Design:
Conditions of zoning approval. for Case 00SN0266 require that there be no public road
connection to Jacobs Glenn subdiVisiOn. This requirement is-Part of' the c(~ndition the
applicant is currently seeking relief from. The applicant has again proffered no public road
connection to Jacobs Glenn Subdivision. (Proffered COndition)
Connecfivit~t:
The Planning Commission recently considered a Connectivity'Policy, which;among other
things, is intended to set forth specific requirements for making connections to or providing
stub road streets. Following the public hearing on the proposal: the CommiSsion
recommended the Board of SuperviSors adopt the policy. The recommended policy requires
streetS in new subdivisiOns to connect to all adjacent stubs :UnlesS the resultant local Street
pattern would create a traffic eonnt that exceeds the Planning:CommisSion's Stub Road
Policy. Connection to the stub road would be recommended by thepoliey: Thepolicy Would
also allow cOnnections tO'be waived in certain circumstances. The policy is pending before
the:Board of Supervisors. . .
CONCLUSIONS
Jacobs Glen Subdivision has more than fifty (50) homes that have only one ( 1 ). point of access:-. The
intent of this .emergency access'is to prOVide a second means of aCceSs: for emergency vehicles.to
Jacobs Glenn Subdivision, Since.the current;zoning prohibitS a public road connection tothe stub
road, the emergency access road should Still :be required.
Given these considerations, denial of this requestis recommended.
CASE HISTORY
Planning Commission Meeting (11/18/03):
The applicant did not accept'staff's recommendation,.'bUt.' did'accept the Planning
Commission's recommendation; Several persons were present in. support, of this proposal~
Mr. Litton indicated that it would be unfair forthis development tobear the maintenance cost
for an emergency access 'to-serve an adjacent development..
On motion of Mr. Litton, secondedby Mr. Gulley, the COmmission recommendedapproval
of this request and acceptance of the proffered condition onpage 2.
,..~ 04SN010%MAY26-BOS
AYES:. Messrs. Litton, Gulley and Stack.
NAYS: Messrs. Gecker and Cunningham.
Board of Supervisors Meeting (12/17/03):
Mr. Miller' noted that a deferral Was appropriate to provide the Board an opportunity to
consider the subdivision Connectivity policy and its relevancy to this case.
On their own motiOn, the Board deferred this case to the March 10, 2004, meeting.
Staff (12/18/03):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than January 12, 2004, for consideration at the Board's March 10,
2004, public hearing.'
Board of Supervisors Meeting (2/25/04):
The Boarddeferred consideration of the Connectivity Policy to the March 24, 2004, meeting.
Staff (3/3/04):
To date, no new information has been submitted.
Board of Supervisors Meeting. (3/10/04):
At the request of the applicant, the Board deferred this case to the May 26, 2004, meeting.
Staff (3/11/04):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than March 15, 2004, for consideratiOn at the Board's May 26, 2004,
public hearing. Also, the applicant was advised that a $250.00 deferral fee must be paid prior
to the Board's public heafing~.
5 04SN0107-MAY26-BOS
Applicant (4/19/04):
The $250.00 deferral fee was paid.
Staff(5/14/04):
To date, no new or additional information has been received.
The Board of Supervisors, on Wednesday, May 26, 2004, beginning at 7:00 .p.m., will take under
consideration this 'request.
6 04SN0107-MAY26-BOS