94SN0202REQUEST ANALYSIS
AND
REC0~ATION
94SN0202
(Amended)
O.H. Harriss
Dale Magisterial District
4912 Newbys Bridge Road
REOUEST:
(Amended) Rezoning from Agricultural (A) to Residential (R-9) with certain
proffers. It should be noted that the applicant has indicated that should the
Commission or Board wish to approve R-12, he would accept R-12 zoning and
offer certain other proffered conditions. A comparison of the R-9 and R-12
proposals is shown on the attached chart.
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 9,000 square
feet is planned if zoned R-9; however, if zoned R-12, a minimum lot size of
12,000 square feet would be required.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend approval of either R-9 or R-12, subject to the applicant addressing the impact on
capital facilities and the transportation network, consistent with the Board's policy. This
recommendation is made for the following reasons:
mo
Either R-9 or R-12 zoning and land use conform with the Northern Area Land
Use and Transportation Plan, which designates the property for residential use of
1.51 to 4.0 units per acre. Specifically, based upon the proffered conditions of
both scenarios, development would yield an approximate density of 2.7 to 3.2
dwelling units per acre.
Bo
The proposed zoning and land use conforms to existing and anticipated area
development.
Proffered conditions under either scenario fail to adequately address concerns
relative to impacts on the transportation network and capital facilities.
(NOTES:
to
THE ONLY CONDrrloN THAT MAY BE IMPOSED IS A BUFFER
CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER
CONDITIONS.
Bo
THE COUNTY WILL NOT BE RF_~PONSIBLE FOR ENFORCING
THE RESTRICTIVE COVENANTS IN PROFFERED CONDITION 11
FOR R-12 ZONING, ONLY THAT THEY BE RECORDED. ONCE
THE COVENANTS ARE RECORDED, THEY MAY BE AMENDED
AS PROVIDED FOR IN THE COVENANTS.
THE CONDrI'IONS 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
COMIVIISSION.)
PROFFERED CONDITIONS - R-9
Prior to final check plat approval, a revised centerline, based on VDOT's Minor
Arterial Standards (50 MPI-I) for Newbys Bridge Road, shall be submitted to and
approved by the Transportation Department. At time of recordation of the f'rrst
subdivision plat, forty-five (45) feet of right of way on the west side of Newbys
Bridge Road measured from the approved revised centerline of that part of
Newbys Bridge Road immediately adjacent to the property shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield County.
Access to Newbys Bridge Road shall be limited to one (1) public road. The exact
location of the access shall be approved by the Transportation Department.
To provide for an adequate roadway system at time of complete development, the
developer shall be responsible for the following:
2
94SN0202/WP/NOV22I
Ao
Construction of additional pavement along Newbys Bridge Road at the
approved access to provide left and right turn lanes if warranted at the
time of tentative approval.
'B.
Relocation of the ditch to provide an adequate shoulder along the west
side of Newbys Bridge Road for the entire property frontage.
Dedication to and for the benefit of Chesterfield County, free and
unrestricted, any additional right of way (or easements) required for the
improvements identified above.
Prior to road and drainage plan approval, a phasing plan for the required road
improvements identified in Proffered Condition 3, shall be submitted to and
approved by the Transportation Department.
o
With the exception of the front width (i.e., lots may have a 75' front width), any
lot having sole access to Jacobs Glenn or Cabin Creek West subdivisions and any
lot adjacent to Tax Parcel # 50-11 (1) 1 and 50-12 (1) 3 shall conform to
Residential (R-12) requirements.
e
The applicant, subdivider, or assignee(s) shall pay the following to the County of
Chesterfield prior to the time of building permit application for infrastructure
improvements within the service district for the property:
a. $4,250 per lot, if paid on or prior to lune 30, 1994; or
The amount approved by the Board of Supervisors not to exceed $4,250
per lot adjusted upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 1993, and luly 1 of the fiscal year
in which the payment is made if paid after June 30, 1994.
7. Public water and sewer shall be used.
With the exception of timbering to remove dead or diseased trees which has been
approved by the Virginia State Department of Forestry, there shall be no
timbering until a land disturbance permit has been obtained from the
Environmental Engineering Department.
o
A twenty-five (25) foot tree preservation strip shall be provided adjacent to Tax
Parcel # 50-11 (1) 1 and 50-12 (1) 3 and along the Newbys Bridge Road frontage.
10.
Stub roads will be provided as approved by the Chesterfield County
Transportation Department.
3 94SN0202/WP/NOV22I
11. The maximum number of lots shall be ninety-five (95).
12.
All dwelling units on any lot having sole access to Jacobs Glenn or Cabin Creek
West subdivisions and any lot adjacent to Tax Parcel # 50-12 (1) 3, #50-11 (1)
1 shall have a minimum area of 1,600 gross square feet.
PROFFERED CONDITIONS - R-12
Prior to final check plat approval, a revised centerline, based on VDOT's Minor
Arterial Standards (50 MPI-t) for Newbys Bridge Road, shall be submitted to and
approved by the Transportation Department. At time of recordation of the first
subdivision plat, forty-five (45) feet of right of way on the west side of Newbys
BiSdge Road measured from the approved revised centerline of that part of
Newbys Bridge Road immediately adjacent to the property shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield County.
Access to Newbys Bridge Road shall be limited to one (1) public road. The exact
location of the access shall be approved by the Transportation Department.
o
To provide for an adequate roadway system at time of complete development, the
developer shall be responsible for the following:
Construction of additional pavement along Newbys Bridge Road at the
approved access to provide left and right turn lanes if warranted at the
time of tentative approval.
Bo
Relocation of the ditch to provide an adequate shoulder along the west
side of Newbys Bridge Road for the entire property frontage.
Dedication to and for the benefit of Chesterfield County, free and
unrestricted, any additional right of way (or easements) required for the
improvements identified above.
Prior to road and drainage plan approval, a phasing plan for the required road
improvements identified in Proffered Condition 3, shall be submitted to and
approved by the Transportation Department.
5. Public water and sewer shall be used.
With the exception of timbering to remove dead or diseased trees which has been
approved by the Virginia State Department of Forestry, there shall be no
timbering until a land disturbance permit has been obtained from the
Environmental Engineering Department.
4
94SIq0202/WP/NOV22I
o
11.
A twenty-five (25) foot tree preservation strip shall be provided adjacent to Tax
Parcel # 50-11 (1) 1 and 50-12 (1) 3 and along the Newbys Bridge Road frontage.
Stub roads will be provided as approved by the Chesterfield County
Transportation Department.
The maximum number of lots shall be eighty-one (81).
All dwelling units on any lot within the subdivision shall have a minimum area
of 1,600 gross square feet.
The following Declaration of Restrictions shall be recorded in conjunction with
the recordation of any subdivision plat:
The Owners do hereby declare that said property is to be held, owned, conveyed,
used and occupied subject to the following restrictive covenants, which covenants
may be added to by the Owners but not reduced in requirements by the Owners:
No nuisance shall be permitted to exist or operate upon any of the
Properties so as to jeopardize property values.
No lot shall be further subdivided or separated into smaller Lots by any
Owner, and no portion less than all of any such Lot, nor any easement or
other interest therein, shall be conveyed or transferred by an Owner,
provided that this shall not prohibit deeds of correction, deeds to resolve
boundary line disputes and similar corrective instruments, easements to
public agencies or authorities, or for utilities.
An Architectural Review Board comprised of three (3) individuals shall
be appointed by the Developer, his successors or assigns, which names
will be recorded with these covenants. The Architectural Review Board
shall coordinate each residence and lot and shall establish reasonable rules
and regulations relating to the procedure for architectural approvals and
general guidelines for architectural plans according to specifications to be
determined by such Board after its appointment. The guidelines and so
forth shall be called ~Architectural Review" and attached to these
restrictive covenants. Under no circumstances shall the Architectural
Review Board approve any dwelling having a minimum area of less than
1,600 gross square feet.
No improvements, alterations, repairs, excavations, changes in grade, or
other work which in any way alters the exterior of any Lot or the
improvements located thereon from its natural or improved state, existing
5 94SN0202/WP/NOV22I
Location:
on the date such property was first subject to this Declaration, shall be
made or done without the prior approval of the Architectural Review
Board. No buildings, residence, or other structure, fence, wall, or
landscaping in lieu thereof shall be commenced, erected, maintained,
improved, altered, made or done on such property without the prior
written approval of the Architectural Review Board.
GENERAL INFORMATION
Fronts the west line of Newbys Bridge Road, south of Valencia Road, and is known as
4912 NeWbys Bridge Road. Tax Map 50-11 (1) Parcel 2. (Sheet 14)
Existing Zoning:
A
Size.:
30.0 acres
Existing Land Use:
Single family residential
Adjacent Zoning & Land Use:
North - A; Single family residential
South - A; Vacant
East
West
Utilities:
- A and R-9; Single family residential
- A and R-12; Vacant
PUBLIC FACILITIES
Public Water System
There is an existing sixteen (16) inch water line located along the east line of Newbys
Bridge Road. The applicant has proffered to use the public water system (Proffered
Condition 7 - R-9; Proffered Condition 5 - R-12). The results of a computer-simulated
6
94SN0202/W-P/NOV22I
fire flow test indicate that sufficient flow and pressure should be available to meet the
domestic and fire flow needs of the proposed use. Fire flow requirements are established
and coordinated through Fire Administration.
Public Wastewater System
There is an existing eight (8) inch wastewater line located approximately seventy (70)
feet north of the northeast corner of the request site along Newbys Bridge Road. The
applicant has proffered to use the public wastewater system (Proffered Condition 7 - R-9;
Proffered Condition 5 - R-12). Results of a hydraulic analysis indicate that sufficient
capacity should be available to accommodate the domestic flows for the proposed use.
Environmental:
Drainage and Erosion
The majority of the property appears to drain to the north through some undeveloped
land and then through a subdivision before entering Falling Creek. A small portion
drains to the south. There are no existing or anticipated drainage or erosion problems.
However, the culvert under Newbys Bridge Road to the south appears to be inadequate.
It may be necessary to obtain off-site easements to control run-off.
The Department of Forestry has advised the applicant of a large infestation of pine bore
beatles. In light of this, the applicant has indicated that he may be timbering the site in
the near future. The applicant has proffered that, with the exception of timbering to
remove dead or diseased trees which has been approved by the Department of Forestry,
there will be no timbering until a land disturbance permit has been obtained from the
Environmental Engineering Department. (Proffered Condition 8 - R-9; Proffered
Condition 6 - R-12). This will insure that proper erosion control measures are in place
prior to any timbering and related land disturbance.
Fire Service:
Manchester Fire Station, Company Number 2. Provide County water and fire hydrant
placement for fire protection purposes in compliance with nationally recognized standards
(i.e. National Fire Protection Association and Insurance Services Office).
The proposed zoning and land uses will generate additional need for fire protection
services. While a proffer has been received in an attempt to address the impact if the
R-9 zoning is granted, it is not consistent with the Board's policy (Proffered Condition
6 - R-9). A proffer has not been submitted to address the impact if the property is zoned
R-12.
7 94SN0202/Wl:'/NOV22I
Schools:
Approximately fifty-five (55) school age children will be generated by R-9 development
and approximately forty-seven (47) school age children will be generated by an R-12
development The site lies in the Jacobs Road Elementary School attendance zone:
capacity - 775, enrollment - 846; Manchester Middle School zone: capacity 1,350,
enrollment- 1,064; and Manchester Itigh School zone: capacity- 2,000, enrollment -
2,092. The major impact of this development will occur at the elementary level where
a new school is needed to relieve Jacobs Road Elementary. The Capital Improvements
Program (CIP) has scheduled a new elementary school in this area for 1998. Neither the
site nor funding have been obtained.
This development will have an impact on area schools. While the applicant has agreed
to participate in the cost of providing for area school needs if the R-9 zoning is granted,
the proffered condition is not consistent with the Board of Supervisors' policy (l~'offered
Condition 6-R-9). The applicant has not agreed to participate in the cost of providing
for area school needs if the property is zoned R-12.
Transportation:
The proffered conditions outline two (2) development scenarios, R-9 or R-12. The
applicant has proffered that if the property is developed R-9, the maximum density will
be ninety-five (95) lots (Proffered Condition 11 - R-9) and if developed R-12, the
maximum density will be eighty-one (81) lots (Proffered Conditions 9 - R-12). Based
upon the proffered maximum density of ninety-five (95) lots, development is anticipated
to generate approximately 980 average daily trips.
Based upon the proffered maximum density of eighty-one (81) lots, development is
anticipated to generate approximately 850 average daily trips. These vehicles will be
distributed along Newbys Bridge Road which had a 1992 traffic count of 4,904 vehicles
per day. Traffic generated from development of the subject property could also access
through the Jacobs Glenn and Fernbrook Subdivisions.
The Thoroughfare Plan identifies Newbys Bridge Road as a major arterial with a
recommended right-of-way width of ninety (90) feet. The section of existing Newbys
Bridge Road towards the northern part of the subject property has a very sharp
substandard curve. The applicant has proffered to dedicate forty-five (45) feet of right -
of-way measured from an approved revised centerline for Newbys Bridge Road in
accordance with the Plan. (Proffered Conditions 1 - R-9 and R-12)
Access to major arterials such as Newbys Bridge Road should be controlled. The
applicant has proffered to limit access to Newbys Bridge Road to one (1) public road
94SN0202/WP/NOV22I
(Proffered Condition 2 - R-9 and R-12). Due to the existing alignment of Newbys
Bridge Road, sight distance is limited. Newbys Bridge Road may need to be
reconstructed in order to provide adequate sight distance.
Mitigating road improvements must be provided. The applicant has proffered to
construct additional pavement along Newbys Bridge Road at the approved access to
provide left and right turn lanes and relocate the ditch to provide an adequate shoulder
along the west side of Newbys Bridge Road for the entire property frontage. (Proffered
Conditions 3 and 4 - R-9 and R-12)
The tentative plan for Jacobs Glenn subdivision provides a stub road right-of-way (Jacobs
Bend Drive) to the subject property. Developing the subject property with access via
this stub road will increase the traffic volume not only along Jacobs Bend Drive, but also
along Jacobs Glenn Drive in the Iambs Glenn Subdivision, and along South Boone's
Trail Road in the Fernbrook Subdivision. Traffic generated from development of the
subject property must not increase traffic volumes along these subdivision streets in
excess of the acceptable level (1,500 vehicles per day) established by the Planning
Commissions stub road policy. Extension of the stub road through the subject property
to Newbys Bridge Road would provide a potential "cut through" route from Newbys
Bridge Road to Fordham Road. Traffic generated from development of the subject
property plus anticipated cut through traffic would increase traffic volumes on the
adjacent subdivision streets beyond the acceptable level. Therefore, this stub road
should not extend to Newbys Bridge Road. In an effort to address citizens' concerns,
the applicant has proffered that stub roads will be provided as approved by the
Transportation Department (Proffered Condition 10 - R-9; Proffered Condition 8 - R-12).
It should be noted that this requirement is covered in the Subdivision Ordinance and is
typically addressed during review of tentative subdivision submittal.
Area roads need to be improved to address safety and accommodate an increase in traffic
generated by this development. The applicant has not proffered to contribute the total
cash amount towards "off-site" road improvements in accordance with the Board's policy
(Proffered Condition 6 - R-9; No cash proffer for R-12). Without this commitment, the
Transportation Department cannot support this request.
Fiscal Impact~:
Financial Impact on Capital Facilities
PER UNIT
Potential # of New Dwelling Units * 95 1.00
Population Increase 266 2.8
9 94SN0202/WP/NOV22I
Number New Students
Elementary 27.84 0.29
Middle 12.64 0.13
I-tigh 14.63 0.15
Total 55.1 0.58
Net Cost for Schools 212,895 2,241
Net Cost for Parks 40,090 422
Net Cost for Libraries 13,680 144
Net Cost for Fire Stations 19,570 206
Average Net Cost Roads 203,585 2,143
Total Net Cost 489,820 I 5,156
*Based on proffered density under R-9 zoning. Under R-12 zoning, a maximum of 81 lots could
be developed for a total net cost of $417,636.
Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks,
libraries, and fire stations at $5,156 per unit. Under the Board's adopted cash proffer policy,
applicants are advised that a proffer of $5,083 per unit would defray the cost of the capital
facilities necessitated by their development. The applicant has presented two zoning scenarios:
R-9 and R-12.
Under the R-9 zoning scenario, the applicant has offered $4,250 per lot to assist in defraying
the cost of capital facilities necessitated by the development (Proffered Condition 6 - R-9). This
offer is not consistent with the cash proffer policy or proffers accepted from other applicants.
The difference between the requested proffer of $5,083 per unit (total proffer of $482,885) and
the proffer received of $4,250 (total proffer of $403,750) over the life of this development is
$79,135. Ultimately, an additional revenue source will have to be identified to address this
deficit. Otherwise, the County's ability to provide capital facilities to its citizens will be
adversely impacted.
Under the R-12 zoning scenario, the applicant has offered nothing to assist in defraying the cost
of capital facilities necessitated by the development. This offer is not consistent with the cash
proffer policy or proffers accepted from other applicants. Ultimately, under the scenario, an
additional revenue source of $411,723 will have to be identified to address this deficit.
Otherwise, the County's ability to provide capital facilities to its citizens will be adversely
impacted.
10
94SN0202/WP/NOV22I
LAND USE
General Plan:
Lies within the boundaries of the N0rthem Area Land Use and TransPortation Plan,
which designates the area for residential use of 1.51 to 4.0 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 family residential uses or remains vacant.
Site Design:
The request property abuts Jacobs Glenn and Cabin Creek West Subdivisions to the west.
These subdivisions are zoned Residential (R-12) and must comply with the R-12
development standards. The applicant proposes to develop a portion of the site with
access through Jacobs Glenn and Cabin Creek West Subdivisions. The applicant has
proffered that if the property is zoned R-9, a maximum of ninety-five (95) lots would be
permitted (Proffered Condition 11 - R-9) and that any lots which have sole access via
Jacobs Glenn or Cabin Creek West and any lots that are adjacent to the northern property
boundary will conform to R- 12 requirements with the exception of lot width requirements
(Proffered Condition 5 - R-9). The applicant has proffered that if the property is zoned
R-12, a maximum of eighty-one (81) lots would be permitted (Proffered Condition 9 -
R-12). These proPosals yield a density range of approximately 2.7 to 3.2 lots per acre
which is within the range recommended by the Northern Area Land Use and
Transportation Plan,
House Size:
For the R-9 proposal, the applicant has proffered that all dwellings located on any lot
having sole access to Jacobs Glenn or Cabin Creek West Subdivisions or on any lot
adjacent to the northem boundary will have a minimum area of 1,600 gross square feet
(Proffered Condition 12 - R-9). For the R-12 proposal, the applicant has agreed that all
dwellings will have a minimum area of 1,600 gross square feet. (Proffered Condition
10 - R-12)
Restrictive Covenants:
For the R- 12 proposal, the applicant has agreed to record particular restrictive covenants
(Proffered Condition 11 - R-12). It should be noted that the County will not be
responsible for enforcing the restrictive covenants, only that they be recorded. Once
recorded, the restrictive covenants may be changed.
11 94SN0202/WP/NOV22I
Buffers and Screening:
In an effort to address concerns of adjacent property owners, the applicant has proffered
a twenty-five (25) foot preservation strip along the northern property boundary and along
Newbys Bridge Road (Proffered Condition 9 - R-9; Proffered Condition 7 - R-12). It
should be noted that through the subdivision process, staff will recommend that a fifty
(50) foot buffer be provided along Newbys Bridge Road and that the buffer be exclusive
of setbacks. Also, staff, at the time of tentative subdivision review, will recommend that
the twenty-five (25) foot tree preservation strip along the northern property line be
recorded as a buffer and be exclusive of setbacks.
Conclusions:
Either the R-9 or R-12 zoning and land use conform to the Northern Area Land Use and
Transportation Plan, which designates the request property for residential use of 1.51 to
4.0 units per acre. In addition, the proposed zoning and land use conforms to existing
and anticipated area residential development patterns. However, the proffered
conditions under either scenario fail to address impacts on transportation and capital
facilities.
CASE I-IISTORY
Applicant (5/11/94)'
Additional proffered conditions were submitted.
Planning Commission Meeting (5/17/94):
At the request of the applicant, the Commission deferred this case for sixty (60) days
to allow the applicant to meet with concerned area citizens.
Staff (5/18/94):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than May 23, 1994, for consideration at the June public
hearing. The applicant was also advised that a $50 deferral fee was due.
12
94SN0202/WP/NOV22I
Applicant, Area Residents, Staff and Dale District Commissioner (5/25/94):
A meeting was held to discuss the proposed development. Concerns were expressed
relative to lot size, house size, density and traffic impacts. The $50 deferral fee was
paid.
Applicant (6/6/94):
Revised proffered conditions were submitted in an attempt to address concerns which
were expressed at the May 25 meeting.
Planning Commission Meeting (6/21/94):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Miller, seconded by Mr. Cunningham, the Commission recommended
approval of R-9 zoning and acceptance of the following proffered conditions:
PROFFERED CONDITIONS
Prior to final check plat approval, a revised centerline, based on VDOT's Minor
Arterial Standards (50 MPFI) for Newbys Bridge Road, shall be submitted to and
approved by the Transportation Department. At time of recordation of the first
subdivision plat, forty-five (45) feet of right of way on the west side of Newbys
Bridge Road measured from the approved revised centerline of that part of
Newbys Bridge Road immediately adjacent to the property shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield County.
Access to Newbys Bridge Road shall be limited to one (1) public road. The exact
location of the access shall be approved by the Transportation Department.
To provide for an adequate roadway system at time of complete development, the
developer shall be responsible for the following:
Construction of additional pavement along Newbys Bridge Road at the
approved access to provide left and right turn lanes if warranted at the
time of tentative approval.
Relocation of the ditch to provide an adequate shoulder along the west
side of Newbys Bridge Road for the entire property frontage.
C. Dedication to and for the benefit of Chesterfield County, free and
13 94SNO202/WP /N O V22I
o
10.
11.
12.
unrestricted, any additional right of way (or easements) required for the
improvements identified above.
Prior to road and drainage plan approval, a phasing plan for the required road
improvements identified in Proffered Condition 3, shall be submitted to and
approved by the Transportation Department.
With the exception of the front width (i.e., lots may have a 75' front width), any
lot having sole access to Jacobs Glenn or Cabin Creek West subdivisions and any
lot adjacent to Tax Parcel # 50-11 (1) 1 and 50-12 (1) 3 shall conform to
Residential (R-12) requirements.
The applicant, subdivider, or assignee(s) shall pay the following to the County of
Chesterfield prior to the time of building permit application for infrastructure
improvements within the service district for the property:
a. $5,043 per lot, if paid on or prior to June 30, 1994; or
The amount approved by the Board of Supervisors not to exceed $5,043
per lot adjusted upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 1993, and July 1 of the fiscal year
in which the payment is made if paid after June 30, 1994.
Public water and sewer shall be used.
With the exception of timbering to remove dead or diseased trees which has been
approved by the Virginia State Department of Forestry, there shall be no
timbering until a land disturbance permit has been obtained from the
Environmental Engineering Department.
Deed restrictions shall be recorded which include the following provision: a
twenty-five (25) foot tree preservation strip shall be provided adjacent to Tax
Parcel # 50-11 (1) 1 and 50-12 (1) 3 and along the Newbys Bridge Road frontage.
Stub roads will be provided as approved by the Chesterfield County
Transportation Department.
The maximum number of lots shall be ninety-five (95).
Deed restrictions shall be recorded which include the following provision: all
dwelling units on any lot having sole access to Jacobs Glenn or Cabin Creek West
subdivisions and any lot adjacent to Tax Parcel # 50-12 (1) 3, g50-11 (1) 1 shall
have a minimum area of 1,600 gross square feet.
14
94SN0202/WP/NOV22I
Board of Supervisors Meeting (7/27/94):
A concerned citizen from the Ashley Grove Subdivision was present and requested that
the case be deferred to allow them to study the proposal further.
The Board deferred this case for thirty (30) days to allow staff and the applicant to meet
with concerned citizens
Applicant, Staff and Area Citizens (8/11/94):
A meeting was held to discuss the proposed project. Concerns were expressed relative
to lot size, house size, traffic and the impact on schools.
Applicant (8/18/94):
Revised proffered conditions were submitted for the R-9 proposal to require enforcement
of a tree preservation strip and house sizes along the northern property line and with
access solely to Jacobs Glenn and Cabin Creek West Subdivisions by the County versus
through the restrictive covenants.
Applicant, Staff and Area Citizens (8/23/94):
A meeting was held to discuss area citizens' concerns. Concerns were expressed relative
to density, lot size, house size, traffic and impacts on schools.
Board of Supervisors' Meeting (8/24/94):
Mr. Daniel requested that staff, the applicant and an area representative meet to discuss
a compromise agreement for a trade of either part of the cash proffer or some proffer to
make a legitimate step towards R-12 zoning with minimum 1,600 square foot houses.
Mr. Daniel also suggested that the Cross Creek zoning case on Lucks: Lane be used as
a basis to formulate a revised proposal.
The Board deferred this request for thirty (30) days to allow the applicant, staff and area
residents an opportunity to discuss a revised proposal.
15 94SN0202/WP/NOV22I
Area Citizens, Staff and Applicant (9/7/94):
A meeting was held to discuss the proposal.
size, density, traffic impact and house size.
Concerns were expressed relative to lot
Applicant (9/19/94):
The applicant amended the request to seek R-12 zoning and submitted revised proffered
conditions, which included a $1,000 cash proffer, a maximum of eighty-one (81) lots and
restrictive covenants requiring minimum 1,600 square foot homes.
Applicant (9/22/94):
Revised proffered conditions for the R~12 proposal were submitted.
Applicant (9/23/94):
Revised proffered conditions for the R-12 proposal were submitted. The revision
removed the house size requirement from the restrictive covenants and made it a separate
proffer to be enforced by the County.
Board of Supervisors' Meeting (9/28/94):
The Board of Supervisors remanded this case to the Planning Commission for additional
consideration. The case, as presented, to the Board was different from that presented to
the Planning Commission in that it was for R-12 zoning.
Staff (9/29/94):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than October 17, 1994, for consideration at the November
Planning Cornmission meeting.
Applicant (10/17/94 and 10/18/94):
The applicant amended the application as discussed herein.
16
94SN0202/WP/NOV22I
Planning Commission Meeting (11/15/94):
The applicant did not accept the recommendation. There were numerous persons present
opposed to rezoning citing concerns relative to impacts on traffic; drainage; schools; fire
and rescue service; the rural character of the area; and the quality of life in the area.
Mr. Miller indicated that issues had been raised by citizens which had not been discussed
at the previous public hearings before the Planning Commission. Mr. Miller indicated
that the two (2) proposals failed to address health, safety and welfare issues. He stated
that the purpose of the cash proffer system is to address the protection of citizens' health,
safety and welfare by providing adequate or improved facilities. He stated that the
proposals failed to address improvements to or provisions for public facilities which
would insure that the health, safety and welfare of area citizens is protected.
Mr. Gulley agreed with Mr. Miller and further noted that the Commission had visited
the site since the previous public hearings and noted that Newbys Bridge Road is
dangerous due to the substantial curves and lack of adequate shoulders. He stated that
the safety of those children attending Jacobs Elementary School had to be considered and
expressed concern that increased traffic in the area as a result of this development could
affect the children's health, safety and welfare.
Messrs Easter and Marsh concurred with Messrs. Miller's and Gulley's statements.
On motion of Mr. Miller, seconded by Mr. Gulley, the Commission recommended denial
of this request.
AYES: Unanimous.
The Board of Supervisors on Tuesday, November 22, 1994, beginning at 7:00 p. m., will take
under consideration this request.
17 94SN0202/WP/NOV22I
fi'-9
FERNBR(
CREEl
R-t2 .o
JACOBS ROAD
ELEM. 'SCHOOL
LJACOBS ROAD
ASHLEY GROVE
A
:NCIA
WOO0-
(AMENbEJ~
A TO R-9
14