06SN0141-MAR8
January 17, 2006 CPC
February 21, 2006 CPC
~farch 21, 2006 CPC
April 26, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SN0141
(AMENDED)
TBA Development, LLC
Clover Hill Magisterial District
Davis Elementary, Providence Middle and Monacan High Schools Attendance Zones
Northern termini of South Twilight Lane and Oxer Road
REQUESTS: I.
Rezoning from Agricultural (A) to Residential (R-12).
II.
Waiver to street connectivity requirements.
PROPOSED LAND USE:
A single-family residential subdivision with a minimum lot size of 12,000 square
feet is planned. A maximum of forty-five (45) lots, yielding a density of
approximately 1.67 units per acre is proposed. (Proffered Condition 3)
PLANNING COMMISSION RECOMMENDATION
REQUEST I: RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED
CONDITIONS ON PAGES 2 THROUGH 7.
AYES: MESSRS. WILSON, GECKER, BASS AND LITTON.
ABSENT: MR. GULLEY.
REQUEST II. RECOMMEND APPROV AL OF RELIEF TO STREET ACCESS
REQUIREMENTS.
AYES: MESSRS. WILSON, GECKER, BASS AND LITTON.
ABSENT: MR. GULLEY.
Providing a FIRST C:HOICE community through excellence in public senrice
STAFF RECOMMENDATION
Request I:
Recommend approval of the rezoning for the following reasons:
A. The proposed zoning and land use conforms to the Northern Area Plan
which suggests the property is appropriate medium density residential use
of 1.51 to 4.0 dwelling units per acre.
B. The proffered conditions 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,
schools, parks, libraries and fire stations is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Caoital Improvement
Program, and the impact of this development is discussed herein. The
proffered conditions mitigate the impact on capital facilities, thereby
insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
Request II: Recommend approval of the waiver to street connectIvIty requirements to
Twilight Lane (to the north) for the following reason:
Connection would result in traffic cut-through thereby substantially increasing the
volume traffic on connecting subdivisions which in some instances already
exceed 1,500 cars per day.
(NOTE: THE ONLY CONDITION THAT MA Y BE IMPOSED IS A BUFFER CONDITI()N.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLEL Y
BY STAFF. CONDITIONS WITH ONLY A "epe" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
1.
Public water and wastewater shall be used. CD)
2.
The applicant, subdivider, or assignee(s) shall pay the following~
for infrastructure improvements within the service district for the
property, to the county of Chesterfield prior to the issuance of
building permit:
A. $15,600.00 per dwelling unit, if paid prior to July 1 ~ 2006;
or
B. The amount approved by the Board of Supervisors not to
exceed $15,600.00 per dwelling unit adjusted upward by
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06SN0141-APR26-BOS
(STAFF/epe)
(STAFF/CPC)
(STAFF/epe)
(STAFF/epe)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/epe)
(STAFF/CPC)
3.
4.
any increase in the Marshall and Swift Building Cost Index
between July 1,2005, and July 1 of the fiscal year in which
the payment is made if paid after June 30, 2006.
C. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law (B&M)
The maximum density of this development shall not exceed forty
five (45) lots. (P)
Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees~ there
shall be no timbering on the Property until a land disturbance
permit has been obtained from the Environmental Engineering
Department and the approved devices installed. (EE)
5.
All dwelling units shall have a minimum gross floor area of 1800
square feet. (BI & P)
6.
All exposed portions of the foundation of each new dwelling U11it
shall be faced with brick or stone veneer. Exposed piers supporting
front porches shall be faced with brick or stone veneer. (BI & P)
7.
Prior to tentative subdivision approval, the developer shall submit
certification to the Planning Department that all adjacent property
owners have been notified in writing of the subn1ission of the
tentative plan to the County for review and approval. The tentative
subdivision application shall not be considered complete until such
certification has been submitted to the Planning Department. The
fifteen (15) day period for referral to the Planning Commission
shall not commence until such certification has been provided. (P)
8.
Until such time as the project is fully developed and all initial
occupancy permits have been granted, all exterior construction
activity shall be limited to between the hours of 6:00 am and 9:00
pm. This condition shall not preclude interior construction activity
once the structure is enclosed by walls and a roof. (P)
9.
There shall be no vehicular access to North Twilight Lane. (P &
T)
10.
The developer shall design and construct the subdivision such that
no water from impervious surfaces shall sheet flow onto Three
Pines subdivision to the west or Foxberry subdivision to the south.
(EE)
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06SN0141-APR26-BOS
(STAFF/CPC)
11.
The following shall be recorded as deed restrictions in conjunction
with the recordation of any subdivision plat:
A. No lot shall be used except for residential purposes.
B. No initial improvements including, without limitation~ a
dwelling, accessory structure~ or addition such as a carport~
driveway, porch., sidewalk, roof~ lamp post., fence~ garage~
or other outbuildings, landscaping, antenna, or similar
devic.e, or change in the exterior color or siding material
shall be made, erected., altered., or replaced unless two sets
of detailed plans and specifications, including a site plan
locating all such improvements and describing exterior
finishes (material and color, including roof) have first been
submitted to and approved by Declarant in writing.
C. Declarant reserves unto itself the right and privilege to
install gas lines, water lines, sewer lines, storm sewers,
electric lines, telephone and telegraph poles, lines and
wires, and other utilities and appurtenances in the street and
roads of the Subdivision and along the property lines of the
Lots, and to grant to other persons, companies, or
corporations any or all of such rights and privileges., but the
reservation of such rights shall not relieve any grantee form
the obligation to pay the usual and customary charges made
with respect to his Lot for the installation and/or connection
of utilities.
D. In considering requests for approval of fences and hedges,
the following general guidelines will be applied:
1. No fence shall be permitted in the front yard of any
Lot (between the building setback line and street
line) .
11. No fence or hedge shall generally be permitted
higher than 48 inches of any Lot.
111. No chain link fences or fences of other materials
similar in nature or appearance will be permitted on
any Lot.
E. Declarant may in its absolute discretion waive or modify
these guidelines and consider such other criteria as it shall
deem appropriate.
F. No sign of any kind shall be displayed to public view on
any Lot, unless first approved in writing by Declarant,
except on sign of not more than four (4) square feet
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06SN 0141- APR26- BOS
advertising the property for sale or rent, or signs used by a
the initial construction and sales period.
G. No use shall be made of any Lot, or any part thereof which
constitutes a nuisance or which would adversely affect the
value or marketability of other Lots, No stables, swine,
sheep, cows, or the like shall be permitted on any Lot. All
trash, garbage and/or rubbish shall be kept in sanitary
containers located so as not to be visible from a public
street except as necessary for limited times in connection
with pickup and removal by disposal services and except
during periods of construction.
H. No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as provided in
paragraph B.
I. No above ground swimming pools shall be permitted. No
in-ground swimming pools shall be located nearer to any
street line than the rear building line of the dwelling.
J. No structure of a temporary character or any trailer, tent,
barn, or other outbuildings shall be used on any Lot at any
time as a residence, either temporarily or permanently.
K. No trees over six (6) inches in diameter shall be removed
from any Lot without the prior written approval of
Declarant.
L. No portable air conditions units will be place in any
window of a dwelling or other building if visible from a
public street.
M. No exterior television antenna (including "dish" type) or
other antennas shall be permitted to extend over five (5)
feet above the roofline of any building, except as permitted
by law.
N. No motor vehicle will be parked on or adjacent to any Lot
which does not have a current state license, state inspection
sticker, and county license, and no commercial vehicle,
such as a school bus, delivery truck, or other large vehicle
or equipment will be parked on a street in the subdivision
or on any Lot. No recreational vehicle (mobile home,
camping trailer, and other similar vehicles) shall be parked
on a street in the Subdivision or on a Lot except in a
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06SN0141-APR26-BOS
driveway shown on plans that have been approved as
provided in Paragraph B.
o. Anyone or more of the covenants or restrictions imposed
by paragraphs A through N above may be waived or
modified, in whole or in part, as to the entire Subdivision or
and part thereof, by written instrument signed by Declarant
and recorded where these restrictions are recorded.
P. In addition to the foregoing conditions and restrictions, the
Lots shall be subject to easements for drainage and utilities,
including power and telephone lines, as shown on the plat,
and any other easements of record at the time of
conveyance of any Lot.
Q. Invalidation of anyone of the prOVISIons of these
restrictions by judgement, court order, or otherwise shall in
no way affect any of the other provisions which shall
remain in full force and effect.
R. Declarant reserves the right to assign and transfer to any
person, persons, or entity some or all of its rights provided
herein and in such event such transferee shall have and may
exercise all such rights to the same extent as if he'l they, or
it were the Declarant.
S. Declarant shall have the full right and privilege to enforce
all restrictions and conditions contained herein by
appropriate proceeding at law for damages and/or in equity
for appropriate injunctive relief and restraining orders to
prevent violations, or to require violations to be corrected~
together with damages sustained including, without
limitation, attorneys' fees and costs. In addition, any Owner
shall have, after seventy-five percent (750/0) or more of the
Lots have been conveyed to purchasers other than builders~
the right to enforce compliance with these restrictions as
provided in this paragraph.
T. These restrictions shall run with the land and be binding
upon any and all succeeding owners, their personal
representatives, estates'l heirs'l devisees'l assigns, or
successors in interest or any other partied having or taking
an interest in or to the Property, or any part thereof., and
shall automatically be extended for successive periods of
ten (10) years unless otherwise provided in a written
instrument executed by the owners of a majority of the Lots
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06SN0141-APR26-BOS
in the Subdivision unless a release, waiver, or breach of any
one or more of the restrictions contained herein or any part
thereof is required or agreed to by a court or governmental
authority having jurisdiction over the Property.
u. The Declarant hereby reserves the right, at Declarant's sole
discretion, to add the Additional Land to the property
subject to the Declaration of Protective Covenants. (P)
GENERAL INFORMATION
Location:
Northern termini of South Twilight Lane and Oxer Road. Tax IDs 757-696-Part of 7441
and 8070; and 758-696-Part of 0254 and Part of2884 (Sheet 11).
Existing Zoning:
A
Size:
26.9 acres
Existing Land Use:
Single-family residential and vacant
Adiacent Zoning and Land Use:
North - R-7 & R-12; Single family residential or vacant
South - A, R-12 & R-15; Single family residential or vacant
East - R-7; Single family residential or vacant
West - R-9; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line along South Twilight Lane adjacent to this site.
There is an existing eight (8) inch water line connected to a six (6) inch water line along
Oxer Road that terminates adjacent to the southern boundary of this site and a twelve (12)
inch water line along a portion of Twilight Lane that terminates approximately 200 feet
north of this site. Use of the pu.blic water system is intended. (Proffered Condition 1)
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06SN0141-APR26-BOS
Public Wastewater System:
There is an existing twenty-seven (27) inch wastewater trunk line extending along
Pocoshock Creek adjacent to the northern boundary of this site. Use of the public
wastewater system is intended. (Proffered Condition 1)
ENVIRONMENT AL
Drainage and Erosion:
The majority of the property is open fields with a small portion between two (2) existing
subdivisions that is wooded. That portion of the request that is wooded should not be
timbered without obtaining a land disturbance permit from the Department of
Environmental Engineering (Proffered Condition 4). There are no on- or off-site
drainage problems and none are anticipated after development. There are no known off
site erosion problems; however, on site in the vicinity of Twilight Lane there are some
severe erosion problems to the natural creek channel. This area will be evaluated at the
time of tentative review to determine if measures are necessary to address these
problems. .
To address concerns of area residents relative to run-off within adjacent developments,
Proffered Condition 10 requires the subdivision to be designed and constructed so as to
divert run-off into these subdivisions.
Water Qualitv:
The property is adjacent to Pocoshock Creek which is a perelU1ial stream and is therefore
subject to a 100 foot conservation area inside of which uses are limited. The Chesapeake
Bay Preservation Ordinance requires that the 100 foot conservation area be re-established
if not present. Construction plans must show how the conservation area will be re-
established in the open fields that are adjacent to Pocoshock Creek. In addition, a
perennial determination will need to be approved by Environmental Engineering prior to
submitting a tentative subdivision layout.
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. 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 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
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06SN 0141- APR26- BOS
existing stations. Based on forty-five (45) dwelling units, this request will generate
approximately fifteen (15) calls for fire and emergency medical service (EMS) each year.
The applicant has addressed the impact on fire and EMS. (Proffered Condition 2)
The Wagstaff Fire Station, Company Number 10, provides fire protection and the Forest
View Volunteer Rescue Squad provides EMS. 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 process.
Schools:
Approximately twenty-four (24) students will be generated by this development. This
site lies in Davis Elementary School attendance zone: capacity - 674, enrollment - 686;
Providence Middle School zone: capacity - 1,089, enrollment - 993; and Monacan High
School zone: capacity - 1,692, enrollment - 1,642. The enrollment is based on September
30, 2005 and the capacity is as of 2005-2006. This development will have an impact.
There are currently two (2) trailers at Davis Elementary and eight (8) trailers at
Providence Middle that are used for various programs.
The applicant has addressed the impact of this development on schools. (Proffered
Condition 2)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed countywide. Based on projected population growth, The Public
Facilities Plan identifies a need for additional library space throughout the County.
Developmet:lt of the property noted in this case would most likely affect the existing La
Prade Library or a proposed new library in the Reams/Gordon area. The applicant has
addressed the impact of this proposed 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 special 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 addressed the impact of this proposed development on parks and
recreation facilities. (Proffered Condition 2)
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06SN0141-APR26-BOS
Transportation:
The property (26.9 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential (R-12). The applicant has proffered a maximum
density of forty-five (45) lots (Proffered Condition 3). Based on single-family trip rates,
development could generate approximately 500 average daily trips. These vehicles could
be distributed through streets in Providence Pines, Three Pines and Foxberry
Subdivisions to Providence Road and Hicks Road. Providence Road had a 2003 traffic
count of 10,729 vehicles per day (VPD), and Hicks Road had a 2005 traffic count of
10,911.
The property has potential access through three (3) stub road rights of way: Twilight
Lane South, Twilight Lane and Oxer Road. Pocoshock Creek borders the northern part of
the property. It is anticipated that access from the property will not cross Pocoschock
Creek to Twilight Lane. Accessing Twilight Lane, in addition to the other available stubs,
may create a "cut-through" route between Providence Road and Hicks Road, and cause
an increase in traffic at the Twilight Lane/Elkhardt Road/Providence Road intersection,
which is not designed to handle this additional traffic. Included in the Subdivision
Ordinance is the Planning Commission's Stub Road Policy. The Policy suggests that
subdivision ,streets anticipated to carry 1,500 VPD or more should be designed as '-no-lot
frontage" collector roads. As previously stated, traffic generated by this development
could travel along streets in Providence Pines, Three Pines and Foxberry Subdivisions.
Those streets were developed prior to the adoption of the Stub Road Policy. Shadymist
Drive (2005 traffic count of 1,552 VPD), Mountain Pine Boulevard (2005 traffic count of
1,464 VPD) and Foxberry Drive (2005 traffic count of 1,834 VPD) are some of the
subdivision streets that are anticipated to be used in traveling to and from t11is proposed
development. Traffic volumes on Shadymist Drive and on Foxberry Drive currently
exceed the acceptable subdivision street volume as defined by the Stub Road Policy.
However, there is no means of accessing this proposed development that would eliminate
accessibility to those streets.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Providence Road and Hicks Road will be directly
impacted. Sections of Providence Road have twenty (20) foot wide pavement with one
(1) foot wide shoulders. Based on the volume of traffic it carries (10,729 VPD), this road
operates at capacity (Level of Service E). Sections of Hicks Road have twenty (20) foot
wide pavement with two (2) foot wide shoulders. Based on the volume of traffic it
currently carries (10,911 VPD), this road also operates at capacity (Level of Service E).
The applicant has proffered to contribute cash, in an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of this development (Proffered
Condition 2). As development continues in this part of the county, traffic volumes on area
roads will substantially increase. Cash proffers alone will not cover the cost of the
improvements needed to accommodate the traffic increases. No road improvement
projects in this part of the county are included in the Six- Year Improvement Plan~ except
for a safety improvement project to construct turn lanes along Reams Road at various
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06SN 0141- APR26- BOS
intersections between Adkins Road and Wadsworth Drive. Phase I of this project will be
the Reams Road/Adkins Road intersection.
Financial Impact on CalJital Facilities:
PER UNIT
Potential Number of New Dwelling Units 45* 1.00
Population Increase 122.40 2.72
Number of New Students
Elementary 10.49 0.23
Middle 5.85 0.13
High 7.61 0.17
TOTAL 23.94 0.53
Net Cost for Schools 240,660 5~348
Net Cost for Parks 27,180 604
Net Cost for Libraries 15,705 349
Net Cost for Fire Stations 18~225 405 i
-------~-~
Average Net Cost for Roads 402,390 8,942 '
TOT AL NET COST 704,160 15,648
*Based on a proffered maximum of forty-five (45) lots (Proffered Condition 3). Actual number
of lots and corresponding impact may vary.
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 been advised that a maximum proffer of $15,600
per unit would defray the cost of the capital facilities necessitated by necessitated by this
proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted
from other applicants, the applicant has offered cash to assist in defraying the cost of this
proposed zoning on such capital facilities. (Proffered Condition 2)
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.
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06SN0141- APR26- BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests the property is
appropriate for medium density residential use of 1.51 to 4.0 dwelling units per acre.
The Northern Area Plan is currently being evaluated for revision and update.
Area Development Trends:
Adjacent properties are zoned Residential (R-12, R-9 and R-7) and Agricultural (A) and
have been developed for single-family residential uses on acreage parcels and in
Foxberry, Stonemill Creek, Surreywood and Three Pines Subdivisions or remain vacant.
Density:
Proffered Condition 3 limits development to a maximum of forty- five (45) lots, yielding a
density of approximately 1.67 dwelling units per acre.
House Sizes and Foundation Treatment:
To address concerns of the Clover Hill District Commissioner and area citizens,
Proffered Conditions 5 and 6 address minimum house sizes as well as foundation
treatments.
Comoarison of Lot Sizes and Densities:
Access to the subject property may be provided through Three Pines and Foxberry
Subdivisions. To address compatibility with adjacent developments through which is
property may have sole access, staff compared the average lot sizes and densities within
such adjacent developments to the average lot sizes and densities proposed with this
requesta
The Ordinance requires a minimum lot size of 12,000 square feet in Residential (R-12)
District. In addition, a maximum density of approximately 1.63 units per acres is
proposed. In comparison, Three Pines and Foxberry Subdivisions are developed with
average lot sizes of less than 12,000 square feet (between 11,284 and 11,669 square feet)
and densities exceeding those proposed with this request. Therefore, lot sizes and
densities of the proposed development are comparable with those of adjacent
developme~ts.
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06SN0141-APR26-BOS
Street Connectivity:
The property has potential access through three (3) stub road rights of way. A waiver to
the "Residential Subdivision Connectivity Policy" to preclude access to North Twilight
Lane has been requested. (Proffered Condition 9)
The purpose of the "Connectivity Policy" is to require street interconnectivity which will
improve public safety response times, provide alternative travel paths between
neighborhoods, prevent excessive through traffic on local streets and will assist in
maintaining capacities of arterial and collector streets. Specific standards of the Policy
address interconnectivity of new streets, the layout of a development's overall street
network, street extensions and pedestrian pathways and stub roads.
The "Policy" allows the Board, through the Commission's recommendation, to waive the
requirement for streets in new subdivisions to connect to adjacent public streets that are
designed as local streets, residential collectors and thoroughfare streets. Staff must
evaluate this waiver based upon three (3) criteria: (1) there must be a sufficient number
of other stub streets to adequately disperse traffic and not cause a concentrated use of any
one (1) stub street; or (2) the connection to a particular stub will cause concentrated
traffic at that location; (3) the projected traffic volume on anyone (1) local street within
an existing subdivision exceeds 1,500 vehicle trips per day. As previously noted, streets
within the adjacent Foxberry, Three Pines and Providence Pines Subdivisions were
developed prior to the adoption of the 1,500 vehicles per day (VPD) limitation and~ as
such, several currently exceed this limitation. Providing the connection to Twilight Lane
to the north will likely create a "cut-through" route between Providence and Hicl(s Roads~
therefore further exacerbating the traffic impact on the streets within these existing
subdivisions. In addition, this connection would cause an increase in traffic at the
Twilight Lane/Elkhardt Road/Providence Road intersection, which is not designed to
handle this additional traffic. Therefore, staff supports the exception to connectivity to
North Twilight Lane.
Construction Traffic:
Proffered Condition 8 limits the time construction activity may occur. This proffered
condition is difficult, if not impossible, to enforce. Staff recommends this proffered
condition not be accepted.
Restrictive Covenants:
Proffered Condition 11 requires restrictiv"e covenants to be recorded in conjunction with
the recordation of any subdivision plat. It is important to note that the County will only
ensure the recordation of the covenants and will not be responsible for their enforcement.
Once the covenants are recorded, they can be changed.
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06SN0141-APR26-BOS
CONCLUSIONS
The proposed zoning and land use conforms to the Northern Area Plan which suggests the
property is appropriate for medium density residential use of 1.51 to 4.0 dwelling units per acre
and is representative of existing area development ·
Proffered Condition 8, which limits timing of construction activities IS difficult, if not
impossible, to enforce and therefore should not be accepted.
The proffered conditions 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, 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 mitigate the impact on capital
facilities, thereby ensuring that adequate service levels are maintained as necessary to protect the
health, safety and welfare of County citizens.
With respect to the waiver to connectivity requirements to North Twilight Lane, staff
recommends approval because such connection would create a "cut-through" thereby
significantly increasing the volume of traffic on roads in Foxberry, Three Pines and Providence
Pines Subdivisions, some of which already carry in excess of 1,500 vehicles per day.
Given these considerations, approval of these requests is recommended.
CASE HISTORY
Applicant (12/22/05):
Revised and additional proffered conditions were submitted and the application was
amended to request a waiver to the street connectivity requirements.
Planning Commission Meeting (1/17/06):
At the request of the applicant, the Commission deferred this case to February 21, 2006.
Staff (1/18/06):
The applicant was advised in writing that any significant, new or revised information
should be. submitted no later than January 25, 2006, for consideration at the
Commission's February 21,2006, public hearing.
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06SN0141-APR26-BOS
Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (1/9/06, 1/20/06 and 1/23/06):
Revised and additional proffered conditions were submitted.
Applicant (2/2/06):
The deferral fee was paid.
Applicant (2/16/06):
An additional proffered condition was submitted.
Planning Commission Meeting (2/21/06):
On their own motion, the Commission deferred this request to their March 21, 2006,
meeting.
Staff (2/22/06):
The applicant was advised in writing that any new or revised information should be
submitted no later than February 27, 2006, for consideration at the Commission's March
21, 2006, public hearing.
Applicant (2/23/06):
The application was amended to withdraw 0.8 acre and add 0.1 acre to the request.
Planning Commission Meeting (3/21/06):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gecker, seconded by Mr. Litton, the Commission recommended
approval of the rezoning and acceptance of the proffered conditions on pages 2 through 7.
AYES: Messrs. Wilson., Gecker, Bass and Litton.
ABSENT: Mr. Gulley.
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06SN0141-APR26-BOS
On motion of Mr. Gecker, seconded by Mr. Litton, the Commission recommended
approval of a waiver to street connectivity requirements.
AYES: Messrs. Wilson, Gecker, Bass and Litton.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, April 26, 2006, beginning at 7:00 p.m.~ \vill take
under consideration this request.
16
06SN 0 141- -L~PR26- BOS
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