94SN0219
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June 21, 1994 CPC
.A.Lllgust 16, 1994 CPC
September 28, 1994 BS
Oetober 26, 1994 BS
No~.'ember 22, 1994 BS
December 14, 1994 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
94SN0219
Douglas Sowers
Matoaca Magisterial District
South line of Lucks Lane
REOUEST: Rezoning from Agricultural (A) to Residential (R-9).
PROPOSED LAND USE:
A single family residential subdivision, with a minimum lot size of 9,000 square
feet, is planned. The applicant has proffered that a maximum of 165 lots would
be developed on the property.
(NOTE: IN ORDER FOR THE BOARD TO CONSIDER THIS REQUEST AT THEIR
DECEMBER PUBLIC HEARING, A $50 DEFERRAL FEE MUST BE PAID PRIOR TO
THE PUBliC HEARING.)
PLANNING COMMISSION RECOMMENDATION
MR. GULLEY EXPRESSED CONCERNS RELATIVE TO OVERALL AREA GROWTH AND
THE RESULTANT IMPACT ON ROADS AND SCHOOLS. HE INDICATED THAT HE
PREFERRED R-12 ZONING.
MR. MARSH INDICATED THAT THE PROFFERED CONDITIONS WERE SUBMITTED
AS A RESULT OF SEVERAL MEETINGS WITH AREA RESIDENTS. HE INDICATED
THAT WITH THE PROFFERED CONDmONS, THE IMPACTS AND COMPATIBILITY
ISSUES HAD BEEN ADDRESSED.
THE COMMISSION RECOMMENDED APPROV AL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 11.
AYES: MESSRS. MARSH, CUNNINGHAM, EASTER AND MILLER.
ABSTAIN: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land use conform to the Powhite/Route 288
Development Area Land Use and Transportation Plan, which designates the
request property for residential use of 1.51 to 4.0 units per acre. Specifically,
the applicant's proffered eondition, to restrict the maximum number of lots that
can be developed on the property to 165, would generate an overall density of
approximately 3.0 units per acre.
B. The proposed zoning and land use conform to existing and anticipated area
residential development patterns.
C. The proffered conditions address impacts on capital facilities, transportation and
land clearing, as outlined herein.
(NOTES :
A.
THE ONLY CONDmON THAT MAY BE IMPOSED IS A BUFFER
CONDmON. THE PROPERTY OWNER MAY PROFFER OTHER
CONDmONS.
B. THE COUNTY WILL NOT BE RESPONSIBLE FOR ENFORCING
RESTRICTIVE COVENANTS, ONLY THAT THE COVENANTS BE
RECORDED. ONCE THE COVENANTS ARE RECORDED, THEY
MAY BE AMENDED AS PROVIDED IN THE COVENANTS.
C. THE CONDmONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDmONS
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)
1.
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:
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(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
2.
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a.
$5,043 per lot, if paid on or prior to June 30, 1994;
or
b.
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.
3.
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 Environmental Engineering and the
approved devices installed.
4.
Access to Lucks Lane shall be limited to one (1) public road. At
time of tentative subdivision review, a second public road access
located towards the eastern part of the property may be approved
by the Transportation Department. If the second access is
approved, the developer shall construet additional pavement along
the eastbound lanes of Lucks Lane to provide a right-turn lane.
The exact location of these accesses shall be approved by the
Transportation Department.
5.
To provide for an adequate roadway system at the time of
complete development, the developer shall be responsible for the
following:
A. Construetion of a new crossover on Lucks Lane. The
exact location of this crossover shall be approved by the
Transportation Department. Construction of this new
crossover shall include additional pavement along the
eastbound and westbound lanes of Lucks Lane to provide
a left-turn lane for both approached.
B. Construction of additional pavement along the eastbound
lanes of Lucks Lane at the approved access to provide a
right-turn lane.
C. Construetion of a residential collector (Le., "no lot
frontage" road) from Lucks Lane aligning the new
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(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
crossover to the southern property line. The exact location
of this collector shall be approved by the Transportation
Department.
D. Construction of a three-lane typical section (i.e., one (1)
southbound lane and two (2) northbound lanes) for the
residential collector at its intersection with Lucks Lane.
E. Dedication, free and unrestricted, to and for the benefit of
Chesterfield County, any right of way for easements)
required for the improvements identified above.
6.
Prior to any road and drainage plan approval, a phasing plan for
the require road improvements identified in Proffered Condition 5
shall be submitted to, and approved by, the Transportation
Department.
7.
The minimum gross square footage for homes shall be as follows:
1 story
More than 1 story
1,600 gross square feet
1,800 gross square feet
8.
A maximum of 165 lots shall be developed on the property.
9.
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 oceupied subject to the following
restrictive covenants:
1. An Architectural Review Committee, hereinafter called
" ARC", shall be comprised of Douglas R. Sowers, his
heirs, personal representatives, successors, and assigns, any
of which may act. The ARC 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 the specifications set forth in "Architectural
Review," attached hereto as Exhibit "A" and made a part
hereof.
The Arc shall not be liable to any Owner or to any other
person on account of any claim, liability, damage, or
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expense suffered or incurred by or threatened against an
Owner or such other person arising out of or in any way
relating to the subject matter of any review, acceptances,
inspections, permissions, consents, or required approvals
which must be obtained from the ARC whether given,
granted, or withheld.
2. No Improvements, either permanent or temporary,
alterations, repairs, changes in color, excavations, changes
in grade, major landscaping, or other work which in any
way alters the exterior appearance of any Lot or
improvement located thereon from its natural or improved
state existing on the date such Lot was first conveyed in fee
by Douglas R. Sowers to an owner (including clearance of
trees and vegetation, driveways, entrance ways, fences,
mailboxes, and lamp post structures), shall be made or
done until the plans, specifications, working drawings, and
proposals for the same showing the nature, kind, shape,
type, color, materials, and location of the improvements
on the Lot and a landscaping plan shall have been
submitted to and approved in writing as to harmony of
external design and location in relations to surrounding
structures, topography, and applicable governmental
requirements by the ARC.
3. All easements along road frontage and lot lines as shown
on the aforesaid subdivision plat are hereby reserved unto
the developer, his personal representatives, heirs, assigns,
or agents, for the purpose of drainage or furnishing light,
telephone or any other utility to the property.
4. Lots shall be occupied and used as follows:
a. Lots shall be used for private residential purposes
only and no building of any kind whatsoever shall
be erected or maintained thereon except for:
1. One private dwelling house with each
dwelling being designated for occupancy by
a single family.
2. Private garages for the sole use of the
respective owners of the Lots upon which
such garages are erected.
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3. A single building for the storage of non-
commercial vehicles, boats, equipment, and
tools used in maintenance of the Lot upon
which erected.
5. No building shall be located on any lot nearer to any street
or to a side line than is permitted under the applicable local
zoning ordinance in effect at the time such building is
constructed.
6. No structure of a temporary character, trailer, basement,
tent, shack, garage, barn, or other outbuilding shall be used
on any Lot at any time as a residence either temporarily or
permanently.
7. The construction of any structure on a Lot shall be
completed with a period of nine (9) months after the
beginning of construction. During construetion, the Lot
shall be maintained in a clean and uncluttered condition,
free of unnecessary accumulation of waste and building
debris.
8. It is the responsibility of each Owner to prevent the
development of any unclean, unsightly, or unkept eondition
of buildings or grounds on his Lot. All improvements on
each Lot shall be kept in good repair, and, where
necessary, painted on a regular basis. No portion of the
Property shall be used or maintained as a dumping ground
for rubbish. Outdoor burning of leaves, trash, or other
debris shall not be permitted. All trash , garbage, and
other waste shall be kept in sanitary containers which shall
be surrounded by wooden screening with such screening
being approved by the ARC, or otherwise out of sight from
the street.
9. No nuisance or offensive activity shall be permitted or
maintained upon any Lot, nor shall any poultry, hogs,
rabbits, cattle, or other livestock be kept thereon with the
exception of dogs, cats, or other normal household animals
kept as pets thereon in numbers not exceeding those
permitted by the law provided they are not kept, bred or
maintained for any commercial purposes, and must be kept
under control of their owner when outside owner's
premises, nor constitute a nuisance in the opinion of the
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ARC, his successors or assigns. No use shall be made of
any Lot which will depreciate or adversely affect the
surrounding Lots or the Property.
10. Each residence constructed on a Lot shall be connected to
a public sewer.
11. No Lot shall be further subdivided without prior written
consent of the ARC. However, the developer hereby
expressly reserves for itself, its successors, and assigns, the
right to re-subdivide any Lot or Lots shown on any
recorded plan of subdivision of the Property prior to the
delivery of a deed to said Lot or Lots without the prior
written consent of any Lot Owner.
12. Except for emergencies, which emergencies must be proven
to the satisfaction of the ARC, no trees with a diameter of
six (6) inches or more, measured two (2) feet from the
ground, flowering trees, shrubs, or evergreens may be
cleared from any Lot without prior written permission of
the ARC. In the event a Lot Owner violates this covenant,
the Lot Owner will be fined $25.00 per inch for every sueh
tree removed and it shall be assumed that each tree had a
diameter of twelve (12) inches.
13. No commereially licensed vehicles, motor vehicles,
recreational vehicles, boats, disabled vehicles, vehicles
without a current state license or state inspection sticker,
machinery, or other equipment shall be visible from the
street for a period exeeeding twenty-four (24) hours. Any
screening of such vehicles must be approved by the ARC.
This covenant shall not apply to vehicles and equipment
used in connection with eonstruction upon Lots, while such
construction is in progress, or in connection with the
development of the Property. It shall be the responsibility
of each Owner to construct and maintain suitable and
adequate parking space on his Lot and all vehicles shall be
parked thereon.
14. The operation of unlicensed motor bikes, ATV's, and
motorcycles on the lots and entranee area shall be subject
to regulation by the Owners and may be prohibited
entirely.
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15. No external illumination on any Lot shall be of such a
character or intensity or so located as to interfere with any
other Owner's use or enjoyment of his Lot. No neon or
flashing lights shall be permitted. All external lighting
must be approved as to size and intensity by the ARC.
16. Except during construction, no signs of any kind shall be
displayed to the public view on any lot except:
A. One sign not exceeding four (4) square feet
in areas used for the purpose of advertising
the Lot for sale or rent: and
B. One sign not exceeding four (4) square feet
in areas which identify the resident
occupying the Lot, the name of the Lot, or
both.
17. No temporary, portable, or above-ground swimming pools
may be erected on any Lot that will be visible from the
street.
18. No outside antennas, television or otherwise, shall be
permitted; provided, however, that until cablevision
television becomes available to the Property, exterior
television antennas shall be permitted, provided that they
do not extend more than five (5) feet past the roof line of
any dwelling. No satellite dishes shall be visible from the
street.
19. No construction shall be permitted without appropriate
erosion control so as to prevent the discharge of any soil or
other materials onto any other Lot or Common Area. The
ARC may establish reasonable rules and regulations
establishing a maximum percentage of any Lot which may
be covered by a building, driveway, or other structure.
20. No fences or walls not constituting a part of a building
shall be erected, placed or altered on any Lot nearer to any
street than the minimum exterior setback line, but in no
case shall it extend further forward than the rear of the
house except with the approval of the ARC.
21. No shrubs, trees, fences or structures of any type shall be
erected which may partially or fully block vehicular sight
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distance, as set forth in the Virginia Highway Department
regulations, on any roadway.
22. No Lot owner shall disturb or siltate shoulder, backslopes,
ditches, pavement, curb and gutter, driveway culverts, or
any other improvements within the public right-of-way.
Each Lot Owner agrees to be responsible for disturbances,
damages, and/or siltation caused by themselves, their
employees, suppliers, contractors, or others, and shall have
fourteen (14) days from the receipt of a letter from the
developer and/or the ARC to correct the damage. If a Lot
Owner fails to correct the damage in a workmanlike
manner, then the developer or its assigns shall have the
right to correct the damage and bill the Lot Owner directly
on a cost-plus-fifty-percent (50%) basis. If a Lot Owner
does not make payment within thirty (30) days of
presentation of the bill, a two percent (2 %) per month
service charge shall be applied to such bill.
23. Anyone or more of the Covenants and Restrictions
imposed in Paragraphs 1 thru 21 hereof may be waived,
modified, or rescinded, in whole or in part, as to all of the
Property or any Lot, by written instrument of the ARC.
24. Invalidation of any of these covenants and conditions. by
court adjudication or otherwise shall in no way modify,
affect, or invalidate any of the other covenants and
conditions contained herein which shall remain in full force
and effect.
25. Each and every covenant and condition herein imposed may
be enforced by the undersigned or the owner of any lot by
appropriate proceedings at law or in equity against any
party violating or attempting or threatening to violate the
same to prevent or rectify such violation and/or recover
damages therefore. The failure of an owner or the
undersigned to bring any such proceeding shall not be
considered as a waiver of any rights at law or in equity that
any such party may have for past or future violation of any
covenant herein contained.
26. These covenants and conditions are to run with the land
and shall be binding upon subsequent owner or owners and
all parties claiming through or under such owner or owners
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for a period of thirty (30) years from the date these
covenants are recorded, after which time said covenants
shall be automatically extended for successive period of ten
(l0) years unless an instrument signed by a majority of the
owners of the Lots has been recorded, revoking said
covenants, or agreeing to change said covenants in whole
or in part.
EXHIBIT "A"
All plans to be approved prior to eommencement of
construetion on each lot. House loeation to be approved
prior to construction.
Roof
Minimum 7/12 pitch
Minimum 12" overhang
No uncolored galvanized flashing
Foundation
Brick foundations
Brick or stone on chimney chases
DweUin g
Main body of house to be a minimum of 30 feet in width
No single story homes adjacent to each other
Stoops and walks
Brick stoops or painted fir (no salt treated stoops except
when approved by ARC)
Minimum 40 sq. ft.
Concrete sidewalks
Painted lattice under front porches - painted risers on steps,
painted pickets and painted band on front porches
Siding
Panel shutters on front windows
Minimum 1 x 6 rake and facia boards
No Tl-ll siding
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Landscaping
$300 allowance for shrubs
White painted mailbox and lamp post consistent throughout
subdivision
Builder to leave as many trees as possible over 6 inehes at
the base
Colors
3 color exterior paint except for 2 colors if painted white
Satellite Dishes and swimming pool design, location and
screening to be approved prior to installation.
The Architectural Review Committee (ARC), which
consists of Douglas R. Sowers, his successors, heirs, or
assigns, reserves the right to modify the above restrictions
or any other imposed deed restrictions in all or in part
without notice. In addition, the ARC reserves the right to
make special exceptions to these conditions on an
individual basis; however, any special exception(s) shall not
be deemed as a waiver of the restriction(s) as they may
apply in the future.
The ARC reserves the right to disallow construction of
architecturally similar homes adjacent to each other.
GENERAL INFORMATION
Location:
South line of Lueks Lane, east of Exbury Drive. Tax Map 37-4 (1) Parcel 6 (Sheet 14).
Existing Zoning:
A
Size:
54.5 acres
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Existing Land Use:
Vacant
Adlacent Zoning & Land Use:
North - A; Single family residential, public/semi-public (church) or vacant
South - R-9 and A; Single family residential or vacant
East - R-12 and A; Single family residential
West - R-9; Single family residential
PUBLIC FACILITIES
Utilities:
Public Water System
There is an existing eight (8) inch water line that fronts the request site along the south
side of Lucks Lane. Also, there is an existing eight (8) inch water line that terminates
at the western property line of the request site along Exbury Terrace. The applieant has
proffered to use the public water system. (Proffered Condition 2)
Results of a computer-simulated flow test indicate that sufficient flow and pressure should
be available to meet the domestic and fire protection demands 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 that terminates at the western property
line of the request site along Exbury Terrace. Also, there are approved construction
plans to extend the St. James/Westbury wastewater line that will terminate approximately
480 feet south of the southern property line of the request site. The applicant has
proffered to use the public wastewater system. (proffered Condition 2)
The results of a computer-simulated hydraulic analysis indicate that sufficient capacity
should be available to accommodate the domestic flows of the proposed use.
Environmental:
Drainage and Erosion
The request property drains south, under Powhite Parkway, and then to Falling Creek.
No existing or anticipated on- or off-site drainage or erosion problems. Off-site
easements and drainage improvements may be required due to increased runoff generated
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by the proposed development. Development must conform to the Chesapeake Bay Act
relative to this Resource Protection Area and other matters of water quality. Due to the
volume of runoff anticipated from upstream development which includes two (2) public
schools, plus relatively flat topography throughout the request property, special
consideration must be given to the design and construction of any required BMP basin.
Specifically, any such basin may have to occupy a greater land area than would be
required under more typical circumstances.
In order to insure that proper erosion control devices are in place, the applicant has
proffered that there will be no timbering of the property until a land disturbance permit
has been issued. (proffered Condition 3)
Fire Service:
Wagstaff Fire Station, Company #10. County water flows and fire hydrants must be
provided for fire protection purposes in compliance with nationally recognized standards
(i.e., National Fire Protection Association and Insurance Services Office). The proposed
development will generate additional need for fire protection services. A proffered
condition has been received to address this need. (proffered Condition 1)
The proposed roadway network for this project should connect to available access from
adjacent developments via stub roads in order to enhance emergency vehicle access and
meet current Ordinance requirements. At the time of tentative subdivision review,
specific recommendations to address these concerns will be provided.
Fiscal Impacts:
Financial Impact on Capital- Facilities:
PER UNIT
Potential # of New Dwelling Units 165.00 1.00
Population Increase 462 2.8
Number New Students
Elementary 47.85 0.29
Middle 21.45 0.13
High 24.75 0.15
Total 94.05 0.58
Net Cost for Schools 369,765 2,241
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Net Cost for Parks 69,630 422
Net Cost for Libraries 23,760 144
Net Cost for Fire Stations 33,990 206
Average Net Cost for Roads 353,595 2,143
Total Net Cost 850,740 5,156
The proposed zoning and land use will have a fiscal impact on capital facilities.
Consistent with the Board of Supervisors' policy, the applicant has offered cash proffers
to address the impact of this proposed zoning on such capital facilities. (proffered
Condition 1)
Schools:
Approximately ninety-four (94) sehool aged children will be generated by this request.
The site lies in the Gordon Elementary School attendance zone: capacity - 761,
enrollment - 771; Midlothian Middle School zone: capacity - 1,350, enrollment -1,212;
and Monacan High School zone: capacity - 1,750, enrollment - 1,782.
This development will have an impact on area schools. However, school zone
configurations would be affected by new building plans due to the rapid area growth.
A new high school is scheduled to open in September 1994. This school will provide
relief for Monacan High School, where projected enrollment will decrease to
approximately l,59l students. No additional facilities to serve this area are currently
planned through 1994. The applicant has agreed to participate in the cost of providing
for area school needs. (proffered Condition 1)
Transportation:
Development is antieipated to generate approximately 1,640 average daily trips. These
vehicles will be distributed along Lucks Lane, which had a 1994 traffic count of 12,072
vehicles per day.
The Thoroughfare Plan identifies Lucks Lane as a major arterial. Access to major
arterials such as Lueks Lane should be eontrolled. The applicant has proffered that
access to Lucks Lane will be limited to one (1) public road (proffered Condition 4). The
proffer would also allow, at time of tentative subdivision review, the Transportation
Department to approve a second public road access to Lucks Lane located towards the
eastern part of the subject property. This access will be limited to right -turns in and
right-turns-out. If this second access is approved, the applicant has proffered to construct
a right turn lane along Lucks Lane.
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Several undeveloped parcels of land, totalling approximately ninety-eight (98) acres, are
located south of the subject property. The Powhite/Route 288 Development Area Land
Use and Transportation Plan recommends medium density residential use (1.51 to 4.0
units per acres) for those ninety-eight (98) acres. In developing the subject property,
access should be provided to those adjacent parcels. The Planning Commission stub road
policy requires that subdivision streets projected to carry 1,500 vehicles per day or more
should be designed and constructed as "no-lot frontage" roads. In accordance with that
policy, a residential collector (i.e., "no-lot frontage" road) should be provided through
the subject property. The applicant has proffered to construct a residential collector from
Lucks Lane to the southern property line (Proffered Conditions 5 and 6). In order to
reduce the traffic volume along some of the residential streets in the adjoining Exbury
Subdivision, the two (2) stub roads (Sanbury Lane and Exbury Terrace) should be
extended through the subject property to the proposed residential collector.
Area roads need to be improved to accommodate the increase in traffic generated by this
development. The applicant has proffered to contribute cash towards "off-site" road
improvements in accordance with the Board's policy. (Proffered Condition 1)
Mitigating road improvements must be provided for the requested density. The applicant
has proffered to construct a right turn lane and a new crossover with adequate left turn
lanes along Lucks Lane to serve the proposed residential eollector (proffered Conditions
4 and 5). At time of tentative subdivision review, specific recommendations will be
provided regarding access and internal road network to include providing stub road(s) to
adjacent properties.
LAND USE
General Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Land Use and
Transportation Plan, which designates the property for residential use (1.51 to 4.0 units
per acre).
Area Development Trends:
Area development is characterized by a mix of residential and agricultural zoning and
land uses. Area subdivisions (Exbury and Saint James Woods) have developed with
densities ranging from approximately 2.35 to 2.95 units per acre.
Conclusions:
The proposed zoning and land use conform to the Powhite/Route 288 Development Area
Land Use and Transportation Plan, which designates the request property for residential
use of 1.51 to 4.00 units per acre and to existing and anticipated area residential
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development patterns. In addition, the proffered conditions address impacts on capital
facilities, transportation, and land clearing activities. Therefore, approval of this request
is recommended.
CASE mSTORY
Planning Commission Meeting (6/21/94):
At the request of the applicant, the Commission deferred this case for sixty (60) days.
Staff (6/22/94):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than June 27, 1994, for consideration at the Commission's
August 16, 1994, public hearing. Also, the applicant was advised that a $50.00 deferral
fee must be paid prior to the Commission's August 16, 1994, public hearing.
Applicant (7/1/94):
The applicant paid the $50.00 deferral fee.
Applieant, Matoaca District Commissioner, Area Residents and Staff (7/25/94):
A meeting was held to discuss the proposal. Concerns were raised by area residents
relative to area traffic, house sizes, garages, lot sizes, densities and restrictive covenants.
The applicant agreed to submit additional proffered eonditions to address some of these
concerns.
Applieant (7/29/94):
The applicant submitted additional proffered conditions relative to house sizes, the
maximum number of lots that could be developed on the property and the recordation of
restrictive covenants.
It should be noted that the County will not be responsible for enforcing restrictive
covenants, only that the covenants be recorded (proffered Condition 9). Once the
covenants are recorded, they may be amended as provided in the covenants.
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Planning Commission Meeting (8/16/94):
The applicant accepted the recommendation.
There was one (1) person present in opposition. Concerns were expressed relative to
overall area growth; the ratio used by the County to estimate the number of sehool
children; and that the proposal did not conform to neighborhood trends.
Mr. Gulley expressed concerns relative to overall area growth and the resultant impact
on roads and schools. He indicated that he preferred R-12 zoning.
Mr. Marsh indicated that numerous meetings had been held with area residents. He
stated that with the proffered conditions, concerns had been addressed and that the zoning
was compatible with that which exists in the area.
On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through
11.
A YES: Messrs. Marsh, Cunningham, Easter and Miller.
ABSTAIN: Mr. Gulley.
Board of Supervisors Meeting (9/28/94):
At the request of the applicant, the Board deferred this case for thirty (30) days.
Staff (9/29/94):
The applicant was advised in writing that any new information should be submitted no
later than October 7, 1994, for consideration at the Board's October public hearing. The
applicant was also advised that a $50 deferral fee was due.
Staff (10/13/94):
To date, no new information has been submitted. The $50 deferral fee was paid.
Board of Supervisors' Meeting (10/26/94):
At the request of the applicant, the Board deferred this case for thirty (30) days.
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Staff (10/27/94):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than November 7, 1994, for consideration at the Board's
November 22, 1994, public hearing. Also, the applicant was advised that a $50.00
deferral fee must be paid prior to the Board's November public hearing.
Applicant (11/3/94):
The applicant paid the $50.00 deferral fee.
Staff (11/16/94):
To date, no new information has been received.
Board of Supervisors' Meeting (11/22/94):
At the request of the applicant, the Board deferred this case for thirty (30) days.
Staff (11/23/94):
The applicant was advised in writing any new information should be submitted no later
than November 28, 1994, for consideration at the Board's December public hearing.
The applicant was also advised that a $50 deferral fee was due.
Staff (12/5/94):
To date, no new information has been submitted nor has the $50 deferral fee been paid.
The Board of Supervisors on Wednesday, December 14, 1994, beginning at 7:00 p. m., will
take under consideration this request.
18
94SN0219/WP /DEC 14G
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