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86S070~me-~?-$9~6-~$ July 23, 1986 BS REQUEST ANALYSIS AND RECOMMENDATION 86S070 Paul E. and Diann P. Barr Bermuda Magisterial District South line of Centralia Road REQUEST: Rezoning from Agricultural (A) to Residential (R-12). family residential subdivision is planned. A single PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 1, 2, 3, AND 4. STAFF RECOMMENDATION Recommend approval of Residential (R-15) and denial of Residential (R-12), and acceptance of the proffered conditions for the following reasons: The recommended zoning and land use are compatible with and repre- sentative of area development trends. Be The recommended zoning and land use conform to the General Plan 2000 and the Central Planning Area Land Use and Transportation Plan. The proffered conditions are consistent with the conditions prof- fered with other area developments. (NOTE: 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) A. Minimum square footages for homes: Ranchers - 1,400 square feet finished Cape Cods - Tri-levels - 1,600 square feet with 1,000 square feet finished Two-stories - 1,800 square feet with 900 square feet finished (STAFF/CPC) B. The following shall be incorporated into the Declaration of Restrictions and recorded with the subdivision plat: (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF ~/CPC) No lot shall be used other than for residential purposes. Only one residence may be constructed on each platted lot as recorded, nor shall said platted lots be subdivided or resubdivided. Exclusive of the main dwelling, no building, structure, outbuilding, playhouse, fence or wall shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the same have been filed with and approved by the Architec- tural Control Committee as to square footage, quality of workmanship and materials, harmony of exterior design and/or color with existing structures, and as to location with respect to topography and finished grade elevation. The Architectural Control Committee is composed of the following persons: Don Farren, Jr., Glenn Perkins, Paul Barr, Ernie Taylor, and one other selected by developers and homeowners. The Architectural Control Committee will act only in the event any item in the Declaration of Restrictions is not complied with. In the event of a death or resignation of any member of this Committee, a replacement will be appointed by the side that lost the member. 0 The Committee's approval or disapproval as required in these proposed restrictions shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within 30 days after plans and speci- fications have been submitted to it, or in any event, if no suit to enjoin the construction or alteration, after notice in writing of said construction has been received by said Commit- tee, approval will not be required and the related covenants shall be deemed to have been fully complied with. No sign of any kind shall be displayed to the public view on any lot except that one sign of not more than seven square feet advertising the property for sale or rent may be displayed; two signs used by a builder to advertise the prop- erty during construction and sales period may also be displayed; also, one sign may be dis- played at the entrance of subdivision of not more than twenty-four square feet. No trailer, tent, shack, garage, barn or other outbuildings erected on any lot shall at any ~'~ 2 A6S070/BSJUN6/JULY23G (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) Ye 10. 11. 12. time be used as a residence, temporarily or permanently, nor shall any structure of a tempo- rary character be used as a residence; provided, however, this clause shall not be construed to prevent domestic held quarters being installed over a detached garage or other outbuilding. No homeowner's trailer shall be parked over 12 hours in any one week on any lot or driveway so as to be visible from the street. No live stock, cattle, hogs, or goats, any dog kennel as defined by the Chesterfield County Code in existence as of the date of the recorda- tion of these restrictions shall be allowed on any lot, nor shall any noxious or offensive trade or activity be carried on thereon, nor shall anything be done thereon which shall be or become an annoyance or nuisance to a good res- idential neighborhood. No lots shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall be kept in sanitary containers. Ail incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition in rear yards only. Trash to be picked up by public or private service shall be kept outside the bounds of any road in the subdivision and kept wholly on the individual lots. No horse or pony shall be stabled or pastured on any lot or parcel of land. No unlicensed motor vehicle shall be parked on any lot herein for more than 60 days unless it is parked in an enclosed garage. No trees measuring six inches or more in diame- ter at a point two feet above ground level may be removed without the written approval of the Architectural Control Committee. Approval for the removal of trees located within fifteen feet of the main dwelling or accessory buildings will be granted unless such removal will substan- tially increase the beauty of the property. This shall not apply to clearing of right of ways, and/or easements, for construction of roadways, drainage and utilities, or for garden or trailer space. 86S070/BSJUN6/JULY23G (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) GENERAL INFORMATION Location: Existing Zoning: Size: 13. 14. 15. 16. 17. The following are prohibited until it has been approved by the Architectural Control Committee: No fence shall be erected, placed, or altered on any lot. be No antenna other than a television antenna shall be installed. No swimming pool shall be constructed above ground. de No single-story main structure shall be of slab construction. Me No masonry other than brick or stone shall be left exposed on any structure. Restrictive covenant requiring exterior finish materials to be one of the following: me Beaded hardboard siding Woodsman siding Wood siding Brick veneer Ail utilities are to be underground. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years for the date these covenants are recorded, after which time said covenants shall be auto- matically extended for an additional period of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. Once developer sells land, he is no longer responsible for these covenants. South line of Centralia Road, approximately 100 feet east of Glen Oaks Drive. Tax Map 97-7 (1) Parcel 5 (Sheet 32). A 5.5 acres 4 86S070/BSJUN6/JULY23G Existing Land Use: Adjacent Zoning & Land Use: Utilities: Environmental Engineering: Schools: Fire Service: Single family residential and vacant North - A; Single family residential or vacant South - A & R-40; Single family residential or vacant East - A; Single family residential or vacant West - A & R-12 with proffered conditions; Single family residential or vacant A sixteen (16) inch public water line is located along Old Centralia Road. Use of public water intended. Lies in the Proctors Creek sewage drainage area. A thirty (30) inch trunk sewer line is located approximately 2,200 feet west of the property. The natural sewer drainage for this site is via the Erin Green devel- opment to the east and/or the Cheshire development to the south. Because of this natural topography, sewerage for this project should be developed in conjunction with the sewerage for one of these develop- ments. Terrain is gently sloping and when cleared, has a slight chance for erosion. Soils have severe drainage problems. Soils are fairly suited for development utilizing public sewer. Site drains to Proctors Creek via tribu- taries. There are no existing or antic- ipated on- or off-site drainage and/or erosion problems. Determination cannot be made at this time as to whether off-site drainage easements must be obtained. Estimate approximately eight (8) public school students will be generated by this development. Lies in the Curtis Elementary School attendance zone: capacity - 648, enrollment - 644; Chester Middle School zone: capacity - 800, enrollment - 651; and Thomas Dale High School zone: capacity - 1,500, enrollment - 1,284. Chester Fire Station, Company #1. At present, fire service capability is ade- quate. Fire hydrants must be installed. 86S070/BSJUN6/JULY23G General Plan: (Central Planning Area Land Use and Tramspor- tation Plan - Proposed): Low density residential (1.51 - 3.00 units/acres) Transportation: Estimate development will generate approxi- mately 110 average daily trips. Tentative approval for the adjacent subdivisions to the east and west, Erin Green and Glen Oaks, have roads which stub into the re- quest parcel. Extension of these stub roads will provide the ability to travel between Old Centralia Road and Chester Road in the future. Right of way must be ded- icated along Centralia Road in accordance with the proposed Central Planning Area Land Use and Transportation Plan. DISCUSSION The applicant has requested rezoning from Agricultural (A) to Residential (R-12) with proffered conditions. Staff has recommended approval of Residential (R-15) and denial of Residential (R-12) and acceptance of the proffers as submitted, This proposed development lies between Glen Oaks Subdivision on the west and the proposed Erin Green Subdivision on the east. Glen Oaks Subdivi- sion is zoned R-12 with proffered conditions and has an average lot size of 14,390 square feet. Lots in Glen Oaks range in size from 12,000 square feet to 22,000 square feet. Erin Green Subdivision is proposed to have an average lot size of 18,640 square feet. The recommended R-15 zoning would provide the proper transition of zoning from the R-12 in Glen Oaks to the recommended R-25 of Erin Green. The applicant and Staff have had several discussions relative to develop- ment trends in this general area. Area developments such as Hilltop Farms, Glen Oaks and the planned subdivision of the agricultural property east of this site are all occurring with proffers that include minimum house sizes and an extensive list of restrictive covenants. These prof- fers were offered by the developers to address concerns of residents in the area between Kendale Acres and Chester. Staff feels that specific development standards have been established for this area in response to community concerns, and this project should be developed according to the same standards. The conditions proffered with this request are consis- tent with other area developments. Several of the conditions proffered are virtually impossible for County Staff to verify and enforce and are more appropriately handled as restrictive covenants. It should be noted, however, that the applicant has called the Planning Department and in- dicated he would be willing to proffer the same conditions as Glen Oaks. If such were to be done, Staff's concerns would be minimized and R-12 zoning and acceptance of the revised proffers would be recommended. ~'~6S070/BSJUN6/JULY23G CASE HISTORY Planning Commission Meeting (5/20/86): The applicant verbally agreed to amend his proffered conditions to be compatible with those in Glen Oaks Subdivision noted above. On motion of Mr. Thomas, seconded by Mr. Belcher, the Commission recom- mended approval of this request, subject to the conditions on pages 1 through 4. AYES: Unanimous. Staff (6/19/86): Staff has attempted, on several occasions, to contact the applicant concerning the proffers. To date, Staff has been unable to contact him; and has not received the appropriate proffers in writing. Board of Supervisors Meeting (6/25/86): The Board deferred this case for thirty (30) days to allow the developer to submit written proffers agreed upon at the Planning Commission meeting. Applicant (7/7/86): The applicant submitted the amended written proffers, on pages 1 through 4, dealing with house sizes. The Board of Supervisors on Wednesday, July 23, 1986, beginning at 2:00 p.m., will take under consideration this request. 86S070/BSJUN6/JULY23G ZC lllllllllllllllr -9 HILLTOP FARMS GLEN OAKS ZC R-40 bl1111111Ll'rlll~lllllillllllll_ CHESHIRE :A TO SH. 32 R-12 SOIL SUITABILITY GOOD FAIR POOR ~¢ 50'70-/