06SN0189-MAR8
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Fcbruat)r 21, 2006 CPC
March 8, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SNO 189
Hunt Investments, L.L.C.
Bermuda Magisterial District
Bensley Elementary; Falling Creek Middle; and
Meadowbrook High School Attendance Zones
Southwest quadrant of the intersection of Chippenham Parkway and Strathmore Road
REQUEST: Rezoning from Agricultural (A) and Residential (R~7) to Multifamily Residential
(R-MF) with Conditional Use Planned Development to permit exceptions to
Ordinance requirements.
PROPOSED LAND USE:
A mu~tifamily residential development is planned. The applicant has agreed the
development would not exceed fifteen (15) dwelling units per acre, which would
yield approximately 78 units on this approximately 5.2 acre site.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS4 WILSON, GECKER, GULLEY AND LITTON.
ABSENT: MR. BASS. .
STAFF RECOMMENDATION
Recommend approval, subject to the applicant addressing the impact on capital facilities. This
recommendation is made for the following reasons:
A. .The proposed zoning and land use complies with the Jefferson Davis Highway
Corridor Plan on that portion of the property (3.0 acres) suggested as appropriate
for residential use. of 7.01 or more units per acre. While the proposal on the
Providing a FIRST CHOICE community through excellence in public service
remaining property ( 1.2 acres) does not comply with the Plan, which suggests it is
appropriate for residential use of 2.51 to 4 units per acre, this request provides an
opportunity to revitalize a portion of the Jefferson Davis Highway corridor.
B. The proffered conditions do not adequately addr'ess the impacts. of this
development on necessary capital facilities, as outlined in the Zoning Ordinance
. and Comprehensive Plan. Sp~cifically, the needs for roads, schools, parks,
libraries and fire stations is identified in the Public Facilities Plan, the
Thoroughfare Plan and the Capital Improvement Program, and the impact of this
development is discussed herein. The proffered conditions do not mitigate the
impact on capital facilities, thereby insuring adequate service levels are
maintained and protecting the health, safety and welfare of County citizens.
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. 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
The applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950) (as amended) and the Zoning Ordinance of Ch~sterfield County, for itself
and its successors or assigns (the "Applicant"), proffers that .the property under
consideration (the "Property") will be developed according to the following proffers. if,
and only if, the rezoning request submitted herewith is granted with only those conditions
agreed to by the owner and Applicant. . In the event this request is denied or approved
with conditions not agreed to by the Applicant, the proffers shall immediately be null and
void and of no further force or effect:
(STAFF)
1.
Master Plan. The textual statement dated November 10; 2005,
shall be considered the Master Plan. (P)
(STAFF)
2.
Cash Proffer. Prior to issuance of a building permit for each
dwelling unit after a cumulative total of 44 dwelling units, the
Applicant shall pay the'following to the County of Chesterfield for
infrastructure improvements within the service district for the
Property:
a. $15,600.00 per dwelling unit, if paid prior to July 1, 20.06;
or
b. The amount approved by the Board of Supervisors not to
exceed $15,600.00 per dwelling unit adjusted upward by
any increa~e in the Marshall and Swift Building Cost Index
2
06SN0189-MAR8-BOS
._-~~~..........._~---...............~~""""~~_........-
(STAFF)
(S T AFF)
(STAFF)
(STAFF)
(STAFF)
between July 1,2005, and July 1 of the fiscal year in which
the payment is made, if paid after June 30, 2006.
c. Should Chesterfield County impose impact fees at any time
during the life of this development that are applicable to the
Property, the amount paid in cash proffers shall be in lieu
of, or credited toward, but not in addition to, any impact
fees, in a mann~r determined by the County
d. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B & M)
3.
Timbering. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or
diseased trees, there shall be no timber~ng on the Property until a
land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been
installed. (EE)
4.
Sidewalks. Sidewalks shall be provided to facilitate pedestrian
. access within the development. Sidewalks shall be provided
generally along each side of interior roads. (P)
5.
Street Trees. Street trees in accordance with the requirements of
the Zoning Ordinance shall be installed along each side of the
interior roads and common driveways. If existing trees are
maintained, they may be counted toward this requirement. '(P)
6.
Landscaping. Landscaping shall be provided around the perimeter
of all buildings, between buildings and driveways, within medians,
and within common areas not occupied by recreational facilities or
other structures. Landscaping shall comply with the requirements
of the Zoning Ordinance Sections 19-516 through 19-518.
Landscaping shall be designed to: minimize the predominance of
building mass and paved areas; define private, spaces; and enhance
the residential character of the development. The Planning
Department, at t~me of site plan approval, shall approve the
landscaping plan. with respect to the exact numbers, spacing,
arrangement, and species of plantings. (P)
7.
Open Space/Recreation Area. A minimum of 0.75 acres of open
space/recreation shall be provided to provide a focal point. Part of
this area shall be "hardscaped" and have benches ot other
amenities that accommodate and facilitate gatherings. (P)
3
06SN0189-MAR8-BOS
(STAFF)
8. Construction of New Units. No additional units shall be
constructed until such time as the existing units on the site have
been removed. (P)
(STAFF)
9. Sound Attenuation. In conjunction with initial development of the
property, the developer shall install noise attenuation measures
and/or design the site to minimize the' noise impact from traffic
traveling along Chippenham Parkway, as determin~d by ~he
Transportation Department. (T)
(STAFF)
10. Prior to any site plan approval, the owner or its successor shall
. either: (a) enter into a contract with the County providing for the
permanent presence of a Chesterfield County police officer on the
premises for a minimum of ten (10) hours per week for 52 weeks
per year; or (b) submit an alternative 'plan, for review and approval
by the Chesterfield County Police Department, for providing
security at the property, and shall thereafter comply with such plan.
(PD)
(STAFF)
11. A maximum of twelve (12) dwelling units may be initially
constructed with three (3) bedrooms. No dwelling units shall have
more than three (3) bedrooms. (P)
(STAFF)
12. Any building located within 200. feet from the ultimate right of
way at the intersection of Strathmore Road and Strathmore Road in
the southeast comer of the property shall not e,xceed two (2) sto~ies
in height. (P)
GENERAL WFORMA TION
Location:
Located in the southwest quadrant of the intersection of Chippenham Parkway and
Strathmore Road. . Tax IDs 787-685-1792, 6487 and 6794; and 787-686-6406 (Sheet 12).
ExistinQ Zoning:
A and R-7
Size:
5.2 acres
Existing Land Use:
Residential/duplex
4
06SN0189-1v1AR8-BOS
Adjacent Zoning and Land Use:
North - A; Government (Military Reserves Center) or vacant
South - R-7 and A; Single-family residential or vacant
East - R-7; Single-family residential or vacant
West - R-7; Multifamily residential
UTILITIES
Public Water System:
An eight (8) inch water line extends along Salem Street and continues north as a twelve (12)
inch water line at Strathmore Road, across Chippenham ParkwaY4 In addition, there is an
existing six (6) inch water line along a portion of Strathmore Road that terminates adjac~nt
to Stanwix Lane approximately 800 feet south of this site: The public water system is only
adjacent to the northeastern comer of this site. Use of the public water system to serve this
site is required by County Code. Depending upon required fire flows, extension of an
adequately sized water line from Salem Street to Stanwix Lane may be necessary. At a
minimum, extending the public water system along the request site's frontage with
Strathmore Road will be required.
Per Utilities Departm~nt Design Specifications (DS-21), wherever possible, two (2) supply
points shall be provided for subdivisions containing more than twenty-five (25) lots.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along Strathmore
Road, adjacent to this site. Use if the public wastewater system is required by ~ounty Code.
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains in two (2) directions. The portion that is wooded drains to
the southeast under Strathmore Road and then north to Falling Creek. The developed
portion of the property drains to the east under Strathmore Road and under Salem Street.
There are no existing or anticipated on- or off-site drainage or erosion problems. The
wooded portion of the property, due to its location adjacent to Chippenham Parkway,
should' not be timbered without obtaining a land disturbance permit from the Department
of Environmental Engineering (Proffered Condition 3). This will insure that adequate
erosion control measures are in place prior to any land disturbance.
5 06SN0189-MAR8-BOS
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PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. The residential
portion of this development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 202,2. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to tn.e six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on seventy-eight (78) dwelling units, this request will generate
approximately thirty-nine (39) calls for fire and emergency medical service each year.
The applicant has not adequately addressed the impact on fire and EMS. (Proffered
Condition 2)
The Bensley Fire Station, Company Number 3, currently provides fire pr,otection and
emergepcy medical service. When the property is developed, the number, of hydrants,
quantity of water needed for fire protection and access requirements will be evaluated
during the plans review pr9cess.
Schools:
Approximately forty-one (41) students will be generated by this development. Currently
this site lies in the Bensley Elementary School attendance zone: capacity - 600,
enrollment - 512; Falling Creek Middle School zone: capacity - 1,036, enrollment _
1,190; and Meadowbrook High School zone: capacity - 1,520, enrollment - 1,815. The
enrollment is based on September 30, 2005, and the capacity is as of 2005-2006.
, ,
This request will have an impact at the secondary level. There are currently six (6)
trailers at Bensley Elementary and seventeen (17) at Falling Creek Middle.
This case, combined with other residential developments and zoning cases in the area,
will continue to push these schools to capacity, especially at the secondary level,
necessitating some form of relief in the future. .
The applica~t has not adequately addressed the impact of his development on schools
(Proffered Condition 2). In an attempt to minimize the impact on schools, the n~mber of
three (3) bedroom units has been limited; this" however, does not guarantee a reduction in
the number of school children generated. (Proffered Condition 11)
Libraries:
Consistent with Board of Supervisors' policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the
6
06SN0189-:MJ\R8-BOS
Chesterfield County Public Facilities Plan (2004) identifies a need for additional library
space throughout the County.
Development of the property noted in this case would most likely affect the Meadowdale
LibrarY4 The 2004 Public Facilities Plan identifies a need to expand the Meadowdale
Library. The applicant has not adequately addressed the impact of his development on
library facilities. (Proffered Condition 2)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the' Public Facilities Plan identifies the need for ten (10) new or
expanded spe,cial purpose parks to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites.
The applicant has not adequately addressed the impact of this proposed development on
these parks and recreation facilities. (Proffered Condition 2) ·
Police:
Proffers address on-site security. (Proffered Condition 10)
Transportation:
The property (5.2' acres) is currently zoned Agricultural (A) and Residential (R-7). The
applicant is requesting rezoning to Multifamily Residential (R-MF) with Conditional Use
Planned De~elopment. Forty-four (44) apartment units have been developed on the
property. The applicant has proffered a maximum density of 15 units per acr~, which
yields 78 ,units (Textual Statement Condi,tion 1). Based on apartment trip rates,
development could generate approximately 530 average daily trips. These vehicles will
be initially distributed along Strathmore Road, to Chippenham Parkway and to Dundas
Road, which' had 2003 traffic counts of 56,210 and 6,832 vehicles per day (VPD),
respectively. The capacity of the six-lane section of Chippenham Parkway between
Jefferson Davis Highway and Hopkins Road is acceptable (Level of Service C) for the
volume of traffic it currently carries. Dundas Road is at capacity (Level of Service E) for
the volume of traffic it currently carries. No road improvemen~s in this part of the county
are included in the Six-Year Improvement Plan.
The property is located adjacent to Chippenham Parkway. In conjunction with the
widening of, Chippenham Parkway, the Virginia Department of Transportation (VDOT)
installed a noise wall to assist in protecting the residents of the existing one-story
apartment buildings, which are located on the eastern part of the property. The noise wall
extends along Chippenham Parkway for part of the property frontage. The applicant
intends to remove. the existing buildings and develop three~story apartment buildings on
7
06SN0189-JV1AR8-BOS
the enti~e property. The applicant has prepared a preliminary sketch for redevelopment of
the property. Traffic noise from Chippenham will impact redevelopment ofthe property.
In order to . assist with addressing the noise impact, the applicant has proffered to install
noise attenuation measures and/or design the site to minimize the noise impact from
traffic traveling along Chippenham Parkway (Proffered Condition 8). The developer
should extend the noise wall along Chippenham for most of the property frontage and not
construct any residential unit, above the first floor, with balconies facing or siding
Chippenham Parkway.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. As previously stated, forty-four (44) apartment units have
been d.eveloped on the property. The applicant has proffered to contribute cash towards
mitigating the traffic impact of this dev~lopment, in an amount per unit consistent with
the Board of Supervisors' Policy, but only for any unit developed beyond forty-four (44)
(Proffered Condition. 2). The proffer is not consistent with the Board of Supervisors'
Policy. Therefore, the Transportation Department cannot support this request.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 76* 1.00
Population Increase 206.72 2.72
Number of New Students
Elementary 17.71 0.23
Middle 9.88 0.13
High 12.84 0.17
TOTAL 40.43 0.53
Net Cost for School~ 406,448 5,348
Net Cost for Parks 45,904 604
Net Cost for Libraries 26,524 349
Net Cost for Fire Stations 30,780 405
Average Net Cost fo! Roads 679,592 8,942
TOT AL NET COST 1,189,248 15,648
* Based on fifteen (15) dwelling imits per gross acre offered in the applicant"s textual statement.
The actual number of units and corresponding impact may vary.
8
06SN0189-MAR8-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 $15,648 per unit. The applicant has ~een advised that a maximum proffer of $15,600
per unit would defray the cost of the capital faciFties necessitated by this proposed development.
The applicant has offered to pay $15,600 per dwelling unit for each unit in excess of the forty-
four (44) dwelling units that currently exist on the property. This would be equivalent to paying
$6,500 per dwelling unit on the seventy-six (76) units. The applicant plans to demolish and
replace the existing units. The applicant has been advised that, per the cash proffer policy,
credits are not given for .those dwelling units permitted under existing conditions of zoning or
agricultural lots. In instances where a development proposal includes substantial upgrades to
current design/development standards and ordinance requirements, the Board may consider
accepting reduced cash proffer payments.
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.
Staff recommends the applicant fully address their impact on all categories of capital facilities.
The Planning Commission and the Board of Supervisors, thr9ugh their consideration of this
request, may determine that there are unique circumstances relative to this request that may
justify acceptance of proffers as offered for this case.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Jefferson Davis Highwav Corridor Plan which suggests
the property is appropriate for Residential use of2.51 - 4 units per acre and 7.01 or more
units per acre.
Area Development Trends:
The area is characterized by Chippenham Parkway right-of-way and an Armed Forces
Reserves Center to the north and single-family residences and vacant property to the
south and east. Property to the west is occupied by a multifamily complex (Meadowdale
Lake). The Plan anticipates residential development continuing in the area.
Development Standards:
A portion of the property has been developed with a multifamily residential complex
consisting of 44 quadplex units. The applicant plans to demolish tht:?se existing units ~d
construct new ones. The existing units are to be removed from the site prior to the
construction of any additional units (Proffered Condition 8).
The current proposal is to develop the property for multifamily residential uses. Except
as noted in the Text~al Statement, development is to comply with the requirements of
residential development in the Multifamily Residential (R-MF) District. Specifically, in
9
06SN0189-MAR8-BOS
the Textual Statement the applicant is requesting exceptions to parcel area and density;
and open space/recreation area requirements. The Ordinance requires a minimum parcel
area and density of twenty (20) acres and ten (10) dwelling units per gross acre for
multifamily residential development. This request is on 5.2 acres with a maximum
density of fifteen (15) units per acre. The Ordinance also requires a minimum of 1.5
acres of open space/recreation area. The applicant has requested an exception to this
requirement and has offered a minimum of 0.75 acre for the recreation area. (Proffered
Condition 7 and Textual Statement, 2.)
Building Height:
In an attempt to address concerns of area residents, the proffered conditions would limit
building height nearest area single family development to two (2) stories. Other
buildings could be constructed to a height of five (5) stories.
Sidewalks:
To facilitate pedestrian circulation within the development, the applicant has agreed to
provide sidewalks along each side of all interior streets. (Proffered Condition 4)
Landscaping:
The applicant has agreed to provide landscaping to enhance the residential appeal of the
development, define private spaces and minimize the predominance of building mass and
paved areas. The proposal is to install landscaping around the perimeter of all buildings,
between buildings and driveways, within medians and within common areas not occupied
by recreational facilities or other structures. (Proffered Condition 6)
In addition to meeting Ordinance requirements for the .installation of street trees along
public streets, the applicant has agreed to provide street trees along each side of interior
roads and common driveways. (Proffered Condition 5)
CONCLUSIONS
The proposed zoning and land uses comply with to the Jefferson Davis Highwav Corridor Plan
on that portion of the prope~y (3.0 acres) suggested as appropriate for residential use 7.01 or
more units per acre. While the proposal on the remaining property (1.2 acres) does not comply
with the Plan, which suggest it is appropriate for residential use of 2.51 to 4 units per acres, this
request provides an oppor:tunity to revitalize a portion of the Jefferspn Davis Highway corridor.
The proffered conditions do not adequately address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the
needs for roads, s~hools, parks, libraries and fire stations is identified in the Public Facilities
Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this
development is discussed herein. The proffered conditions mitigate the impact on capital
10
06SN0189-1\1AR8-BOS
facilities, thereby insuring adequate servIce levels are maintained and protecting the health,
safety and welfare of County citizens
Given these considerations, approval of this request is recommended, subject to the applicant
addressing the' impact on the capital facilities. ' .
CASE HISTORY
Applicant (2/21/06):
Proffered Conditions 10, 11 and 12 were submitted.
Planning Commission Meeting (2/21/06):
The applicant accepted staffs recommendation, but did not accept the Commission's
recommendation. There was opposition present. Suggestion was made to defer the
request to allow time to further discuss site design and other issues. Concerns were
expressed relative to building height; density; three (3) bedroom units; the high number
of area rental units; and traffic and school impacts.
Mr. Wilson indicated that while this is ~ opportunity to revitalize the property, there had
been insufficient time to address area resjdents' concerns.
On motion of Mr. Wilson, seconded by Mr. Gecker, the Commission recommended
denial.
AYES: Messrs. Wilson, Gecker, Gulley and Litton.
ABSENT: Mr4 Bass.
The Board of Supervisors, on Wednesday, March S, 2006, beginning at 7:00 p.m., will take
under consideration this request.
11
06SN0189-:MAR8- BOS
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. .:~ovember 10, 2005
Hunt Investments, L.L.C.
Textual Statement
The property shall be zoned Residential Multi-Family (R-MF) with conditional use
planned development to permit the following bulk exceptions to the requirements of the Zoning
Ordinance:
1. Parcel Area and Densitv. The minimum parcel area shall be 5.1 acres. The
development's density shall not exceed fifteen dwelling units per gross acre.
2. ODen SDace/Recreation Area. A minimum of 0.75 acres of open space/recreation area
shall be provided. The function of, and improvements to, such area shall be in
accordance with proffered conditions.
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