94SN0219X ~
~'~7TIG"~"r~'"7 T7'A
Y
October ~~, 1994 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
94S N0~ 19
Daug~as Sa~rers
Matoaca Magisterial District
South line of Lucks Lane
REQUEST: Rezoning from Agricultural (A) to Residential (R-9}.
PROPOSED LAND USES
A single family residential subdivision, Frith a ~iniur~ lot sire of 9,00 square
feet, is planned. The applicant has proffered that a maximum of 1~5 lots would
be developed an the property.
PLANNING COMMISSION RECOMMENDATION
MR. GULLEY EXPRESSED CONCERNS RELATIVE TG OVERALL AREA GROWTH AND
THE RESULTANT IMPACT ON ROADS AND SCHOOLS, HE ZNDYCATED THAT HE
PREFERRED R- l~ BONING.
MR. MARSH INDICATED THAT THE PROFFERED CONDITIONS SERE SUBMITTED
AS A RESULT OF SEVERAL MEETINGS ~UITH AREA RESIDENTS. HE INDICATED
THAT 'VTH THE PROFFERED CONDITIONS, THE IMPACTS AND COMPATIBILITY
ISS~]ES HAD BEEN ADDRESSED.
fiHE COMMISSION RECOMMENDED AFPRO~'AL AND ACCEPTANCE OF TPIE
PROFFERED CONDITION ON PAGES 2 THROUGH l ~ .
AYES: MESSRS, MARSH, CUNNINGHAM, EASTER AND MILLER.
ABSTAIN: MR. GULLEY.
STAFF RECGMMENDATIGN
Recommend approval for the following reasons:
A. The proposed zoning and land use conform to the P~whitelRoute 2$$
Development Area Land Use and Transportation Phan, which designates the
request property for residential use of l . S 1 to 4, o units per acre, Specifically,
the applicant's proffered condition, to restrict the maximum number of lots that
'can be developed on the property to 1 ~S, would generate an overall density of
approximately 3.~ 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,
~N~TES: A. THE ONLY ~~NDITI~N THAT NIAY PE IMPOSED IS A PUFFER
C~NDITIGN. THE PRGPERTY GWI~ER 11~AY PRGFFER ETHER
G~NDITIGNS,
B, THE GGUNTY WILL NGT BE RESPGNSIBLE FAR ENFGRING
RESTRICTIVE CGVENANTS, GNLY THAT THE C~vENANTS BE
RECORDED. GNGE THE CGVENANTS ARE REGGRDED, THEY
NIAY BE AMENDED AS PRGVII~ED IN THE CG~ENANTS.
~. THE G~I~DI~'IGNS NaTED WITH "STAFFICPC" WERE AGREED
UPON ~Y ~GTH STAFF AND THE CGISSIGN. CGNDITIGNS
WITH GNLY A "STAFF" ARE REGGl1~IMENDED SGLELY BY
STAFF. CGNDITIDNS WITH GNLY A "CPC" ARE ADDITIONAL
GGNDITIGNS RECOMMENDED BY THE PLANNING
C~1ViMISSION.~
PROFFERED CONDTI'IONS
(STAFFICPC} 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 xrr~provernents within the service
district for the property:
a. 5,03 per lot, if paid on or prior to dune 3~,19~4;
or
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b. The amount approved by the Board of Supervisors
not to exceed $5,~4~ per lot adjusted upward by
any increase in the ~Vlarshall and Swift Building
Cost f ndex between July 1, 1993, and July 1 of the
fiscal year in which the payment is made if paid
after June 3~, 1994,
~STAFF~CPC} 2. Public water and sewer shall be used,
(STAFFICPC} 3, with the exception of timbering to remove dead or diseased trees
which has been approved by the Virginia Mate Department of
Forestry, there shall be no timbering until a land disturbance
permit has been obtained from Environmental Engineering and the
approved devices installed.
~STAFFICPC} 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 construct 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,
~STAFFICPC} ~. Ta provide for an adequate roadway system at the time of
complete development, the developer shall be responsible for the
fallowing:
A, Construction 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, Construction of a residential collector ~i.e., 'tna lot
frontage" road} from Lucks Lane aligning the new
crossover to the southern property line. The exact location
of this collector shall be approved by the Transportation
Department.
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D, Construction of a three-lane typical section ~i.e., one ~1}
southbound lane and two ~~} northbound lanes} far the
residential collector at its intersection with Lucl~s Lane.
E. Dedication, free and unrestricted, to and for the benefit of
Chesterfield County, any right of way for easements}
required far the improvements identified above.
(STAFFICPC} ~. 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.
(STAFF/CPC)
7. The minimum gross square footage for homes shall be as follows:
l story ~ 1, G00 gross square feet
N~are than 1 start' - l , 800 gross square feet
(STAFF/CPC)
(STAFF/CPC)
8. A maximum of 1 ~5 lots shall be developed an the property.
9. The fallowing Declaration of Restrictions shall be recorded in
conjunction with the recordation of any subdivision plat;
T~3E ~w~1ER5 da hereby declare that said property is to be held,
owned, conveyed, used and occupied 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 snail hat be liable tv any owner ar to any other
person an account of any claim, liability, damage, ar
expense suffered ar incurred by ar threatened against an
owner ar 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
4 94NDZl~IwPI~CT~GG
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which must be obtained from the ARC whether given,
granted, ar withheld.
~, Na 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 Lat was first conveyed in fee
by Douglas R. 5awers 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, specifzcatians, 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
subrr~itted to and approved in writing as to harmony of
external design and location in relations to surrounding
structures, topography, and applicabze governmental
requirerr~ents by the ARC.
~, All easements along road frontage and lot lines as shown
an the aforesaid subdivision plat axe hereby reserved unto
the developer, his personal representatives, heirs? assigns,
or agents, for the purpose of drainage or furnishing light,
telephone ar 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 exc~t .for:
1. one private dwelling hawse with each
dwelling being designated for occupancy by
a single family,
2, Private garages far the sole use of the
respective owners of the Lots upon which
such garages are erected.
3. A single building for the storage of non
commercial vehicles, boats, equipment, and
tools used in maintenance of the Lot upon
which erected.
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5, No building shall be located an 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.
G. No structure of a temporary character, trader, basement,
tent, shack, garage, barn, or other outbuilding shad be used
an any I.,ot at any time as a residence either temporarily or
permanently .
7, The construction of any structure an a Lot shad be
completed with a period of nine ~9} months after the
beginning of construction. During construction, the Lat
shall be maintained in a clean and uncluttered condition,
free of unnecessary accumulation of waste and building
debris.
$. It is the responsibility of each owner to prevent the
development of any unclean, unsightly, ar unkept condition
of buildings or grounds an his Lat. All improvements an
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
far rubbish. outdoor burning of leaves, trash, ar other
debris shah not be permitted. All trash ,garbage, and
other waste shall be Dept 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 ar
rnainta1ned upon any Lot, nor shall any poultry, hogs,
rabbits, cattle, or other livestock be kept thereon with the
exception of lags, 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 ar
maintained for any commercial purposes, and must be kept
under antral of their owner when outside owner's
premises, nor constitute a nuisance in the opinion of the
ARC, his successors ar assigns. Nv use shall be made of
any Lot which gill depreciate or adversely affect the
surrounding Lots ar the Property,
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l~. Each residence constructed an a~ Lot shall be connected to
a public sewer.
~ 1. No Lot shall be further subdivided without prior written
consent of the ABC. However, the developer hereby
expressly reserves far itself, its successors, and assigns, the
right to re-subdivide any Lot ar Lots shown on any
recorded plan of subdivision of the Property pear to the
delivery of a deed to said Lot or Lats without the prior
written consent of any Lot Owner.
1~. Except for emergencies, which emergencies must be proven
to the satisfaction of the ARC, no trees with a diarr~eter of
six ~~~ inches or more, measured two ~2} feet from the
ground, flowering trees, shrubs, ar evergreens may be
cleared from any Lot without prior written pern~issian of
the ARC. In the event a Lot Owner violates this covenant,
the Lot Owner wi11 be fined $~5.~~ per inch for every such
tree removed and it shall be assumed that each tree had a
diameter of twelve ~ l ~} inches.
1. No commercially licensed vehicles, motor vehicles,
recreational vehicles, boats, disabled vehicles, vehicles
without a current state Iicense or state inspection sticker,
machinery, ar other equipment shall be visible from the
street for a period e~cceeding twenty-four (24~ hours. Any
screening of such vehicles must be approved by the ARC.
This covenant shall not apply to vehicles and equipment
used in connection ~vith construction upon Lacs, while such
construction is in progress, ar in connection with the
development of the Property, It shall be the responsibility
of each Owner to construct and maintain suitable and
adequate parking space on his Lot and ail vehicles shall be
parked thereon.
14. The operation of unlicensed motor bikes, AT~''s, and
motorcycles an the lots and entrance area shall be subject
to regulation by the Owners and may be prohibited
entirely,
15. No external illumination on any Lat shall be of such a
character ar intensity or so located as to interfere with any
other owner's use or enjoyrner~t of his Lot, loo neon or
7 94S1~~~191PlO"T26G
flashing lights shall be permitted. All external lighting
must be approved as to sire and intensity by the ARC,
1G. Except during construction, no signs of any kind shall be
displayed to the public view on any Iat except:
A. one sign not exceeding faun ~~~ square feet
in areas used for the purpose of advertising
the Lot far sale ar rent: and
B. one sign not exceeding four ~4} square feet
in areas which identify the resident
occupying the Lot, the name of the Lat, ar
bath,
17. No temporary, portable, or above-ground swimming pails
may be erected on any Lat that will be visible from the
street.
l$. Na outside antennas, television ar otherwise, shall be
permitted; provided, however, that until cablevisian
television becomes available to the Property, exterior
television antennas shall be permitted, provided that they
da not extend mare than five ~5} feet past the roof Iine of
any dwelling, Na satellite dishes shall be visible from the
street.
19. Na canstructian shall be perrraitted without appropriate
erasion control so as to prevent the discharge of any soli or
other rr~aterials auto any other Lot or Common Area. 'phe
ARC nay establish reasonable rules and regulations
establishing a maximum percentage of any Lat which may
be covered by a building, driveway, ar other structure.
2a. No fences or walls not constituting a part of a building
sha11 be erected, placed oz altered an any Lat nearer to any
street than the minimum exterior setback line, but in no
case sha11 it extend further forward than the rear of the
hawse except with the approval of the ARC.
21, Na shrubs, trees, fences ar structures of any type shall be
erected which may partially or fully black vehicular sight
distance, as set Earth in the Virginia Highway Department
regulations, an any roadway.
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~2. No Lot owner shall disturb ar siltate shoulder, backslapes,
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, andlar siltation caused by themselves, their
employees, suppliers, contractors, ar others, and shall have
fourteen X14} days from the receipt of a letter from the
developer andlar the ABC to correct the damage. ~f a Lot
Owner falls 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 (5~ %} basis. If a Lot Owner
does not make payment within thirty ~3~} days of
presentation of the bill, a two percent ~2~0} per month
service charge shall be applied to such bill.
~3. Any one ar more of the Covenants and Restrictions
. imposed in Paragraphs l thru ~ ~ hereof may be waived,
modified, or rescinded, in whale or in part, as to all of the
Property ar 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.
2~. 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 ar attempting ar threatening to violate the
same to prevent or rectify such violation andlor 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 ar in equity that
any such party may have for pastor future violation ofany
covenant herein contained.
2b. 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
for a period of thirty ~3~) years from the date these
covenants are recorded, after which time said covenants
shall be automatically extended for successive period of ten
9 9~SN~~ l9IwPlOCT~~O
X10} years unless an instrument signed by a ~najarity of the
owners of the Fats has been retarded, revoking said
covenants, ar agreeing to change said covenants in whale
or in part.
SIT ~~ A ~~
All plans to be approved prior to commencement of
construction on each lot. Mouse location tv be approved
prior to canstruuction.
Raaf
Minimum 711 pitch
Mi.nin~un~ ~~." overhang
N`o uncolored g~.vani~ed Bashing
Foundation
Buck faundati~ons
Back ar stone on chimney chases
I3wellin
Main body of house to be a munimu~n of 30 feet in width
No single story homes adjacent to each other
~toa s and walks
Brick stoups ar painted fir Ana salt treated stoops except
when approved by ARC}
Minimum ~4D sq. ft.
Concrete sidewalks
Painted lattice under front parches - painted risers an steps,
painted pickets and painted band an front parches
~idin
Panel shutters on franc windows
Minimum ~ x 6 rake and facia boards
Igo T~-l ~ siding
1a 94,~I~T~219IwP1~C'T2~C~
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Landscape ~ .
~3~~ a~owallCe f0I shrubs
white painted mailbag and lamp past consistent throughout
subdivision
Builder to leave a~ many trees as passible over ~ inches at
the base
Colors
3 color exterior paint except far ~ colors if painted white
Satellite Dishes and swimming pool design, location and
screening to be approved prior to installation.
Location:
The Architectural review Committee ARC}, which
consists of Douglas R. dowers, his successors, heirs, or
a,SSigns, reserves the right to modify the above restrictions
or any other imposed deed restrictions in all or in part
without notice. In addition, the ABC reserves the right to
name special exceptions ~ to these conditions ~ an ~ ~ an ~ j
individual basis; however, any special exceptions} shall not
be deemed as a waiver of the restnction~s} as they may
apply in the future.
The ARC reserves the right to disallow construction of
architecturally similar homes ad jaGent to each other.
~IV~RAL INF~RMATI~N
South line of Lucks Lane, east of Exbury Drive. Tax Neap 37-4 ~~} Parcel ~ Sheet 14}.
Exxs~.n ~onxn~g:
A
Size:
54.5 acres
11 ~4SNo~19lwP1~CT~~G
Exi,~ting Land Llse;
Vacant
Ad' scent Bonin & Land use:
North - ~; Single family residential, publiclsemi-public ~church~ ar vacant
South - R-9 and A; Single family residential ar vacant
East - R-1 ~ and A; Bangle family residential
west - ~-9; Single family residen~al
PUBLIC FACILITIES
Utilities:
Public water S stem
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 Tine that terminates
at the western property nine of the request site along Exbury Terrace. The applicant has
proffered to use the public water system. Proffered Condition 2~
Results of acomputer-simulated flow test indicate that sufficient flow and pressure should
be available to meet the darnes~c and frre protection demands of the proposed use. Fire
flow requirements are established and coordinated through Fire Administration.
Public wastewater S stem
There is an existing eight ~$} inch wastewater line that terminates at the western property
Tine of the request site slang Exbury Terrace, Also, there are approved construction
plans to extend the St. ,lan~eslwestbury wastewater line that will terminate approximately
8~ feet south of the southern property xine of the request site. The applicant has
proffered to use the public wastewater system, Proffered Condi~an 2}
The results of acomputer-simulated hydraulic analysis indicate that sufficient capacity
should be available to accommodate the domestic flows of the proposed use.
Environmental.
Drama e 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. Develpment must conform to ~e Chesapeake Bay Act
relative to this Resource Protection Area and other nutters of water quality. Due to the
volume of runoff anticipated from upstream development which includes two ~~~ public
schools, plus relatively flat topography throughout the request property, special
cansideratian 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 pert
has been issued. Proffered Condition 3}
Fire Service:
Wagstaff Fire Station, Company #1~. County water flows and fire hydrants must be
provided for fie protection purposes incompliance with nationally recognized standards
~i,e., National Fire Protection Association and Insurance Services ~ff~ce}, The proposed
development will generate additional need for fire protection services. A proffered
condition has been received to address this need. ~'roffered 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 recammenda~ans to address these concerns will be provided.
Fiscal impacts:
Financial Im act on Ca ital Facilities;
PER UNIT
Potential # of New D~relling Units 165 . o0 1, o0
Population Increase ~ 462 ~, S
Number New Students
Eiementmy 47'.85 0.29
Middle 21, 45 0.13
High X4.75 0.15
Total 94.05 O.Sg
Net Cost for Schools 369,65 ~,~4~
13 94SN~~ 19lwPl~CT~G~
Net Cast far Parks ~~, 630 422
Net Cast far Libraries ~~,76~ 144
Net Cast for Fire Stations 33,99 206
Average Net Cast for ~aads 353,595 Z,143
Total Net Cost 550,740 5,156
The proposed zoning and land use will have a fiscal impact on capital facilities.
Consistent with the ~aard of Supervisors' policy, the applicant has offered cash proffers
to address the impact of this proposed zoning an such capital facili~es. ~Prvffered
Condition 1}
Schools:
Approximately ninety-four X94} school aged children gill be generated by this request.
The site lies in the Gordan 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 grawth~
A new high school is scheduled to open in September 1994. This school will provide
relief far Monacan High Schaal, where projected enrollment will decrease to
approximately 1,591 students. Na additional facilities tv sure this area are currently
planned through 1994. The applicant has agreed to participate in the cost of providing
far area school needs. Proffered Condition 1}
Tran,s~ortatio~;
Development is anticipated to generate approximately 1,64o average daily trips, These
vehicles will be distributed along Lucks Lane, which had a 1994 traffic count of 12,72
vehicles per day.
The Th~arau~h~,Plan identifies Lucks Lane as a major arterial. Access to major
arterials such as Lucks Lane should be controlled. The applicant has proffered that
access to Lucks Lane will be limited to one ~ l ~ public road {Proffered Condition 4) . The
proffer would also allow, at Mme of tentative subdivision xeview, the Transportation
Department to approve a second public road access to Lucks Dane located towards the
eastern part of the subject property. This access will be limited to right-turns in and
right-turns-out. if tYiis second access is approved, the applicant has proffered to construct
a right turn lane along Lucks Lane.
14 94SN~2191wP10CT26C
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Several undeveloped parcels of sand, totalling approximately ninety-eight ~9$} acres, are
located south of the subject property. The Powhztel~oute ASS ~eveloom.ent Area Land
Use and Transportation Plan recommends medium density residenrial use X1.51 to 4.0
units per acres} far those ninety-eight ~9~} acres, In developing the subject property,
access should be provided to those ad jacent parcels. The Planning Commission stub road
policy requires that subdivision streets projected to carry 1, 50~ vehicles per day ar 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
Lucl~s Lane to the southern property line Proffered Conditions ~ and ~}. In order to
reduce the traffic volume along some of the residential streets in the ad j oining ~~bury
Subdivision, the two {~} stub roads ~Sanbury Lane and Exbury Terrace} should be
extended trough 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 Zane and a new crossover with adequate left turn
Zones along Lucks Lane to serve the proposed residential collector 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 PowhitelRoute ASS Develo rnent Area Land Use and
Trans ortation Plan, which designates the property for residential use X1.51 to 4.0 units
per acres .
Area ~evelo meet 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 x.35 to 2.95 units per acre.
Conclusions:
The proposed zoning and land use conform to the Pawhitel~oute 2S ~evelo merit Area
Land Use and Trap nation Plan, which designates the_ request proper~r for residential.
use of 1.51 to 4.04 units per acre and to existing and anticipated area residential
l5 945~0~19lwPlGC'I'~~G
development patterns. In addition, the proffered conditions address impacts on capital
facili~.es, transportation, and land ctean.ng activities. Therefore, approval of this request
is recommended.
CASE ~IST~R~
Planning Commission Meeting ~G1 ~ 1194;
At the request of the applicant, the C~rnmission deferred this case for sixty ~~~~ days,
Staff (6/22/94):
The applicant was advised in venting that any significant new or revised infarmatzon
should be submitted no later than June Z7, 1994, far consideration at the Commission's
August l~, 1994, public hearing. Also, the applicant was advised that a $5~.~v defen~al
fee must be paid prior to the Carramissian's August l b, 1994, public hearing.
Applicant I'll 1194y ;
The applicant paid the 50. deferral fee.
Applicant,lV~atvaca District Comrni.ssioner, Area Residents and Staff ~71~5194~;
A meeting was held to discuss the proposal, Concerns were raised by area residents
rela~ve to area traffic, house sizes, garages, lot sizes, densities and restrictive covenants.
The applicant agreed to submit additional proffered candirians to address same of these
concerns,
Applicant ~71~9~94~:
'The applicant submitted additional proffered conditions relative tv house sizes, the
rna~imum 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 far enforcing restrcctive
covenants, only that the covenants be recorded ~raffered Condition 9~. once the
covenants are recorded, they may be amended as provided in the covenants.
~ 6 945N~~ 191wP1~CT~GG
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planning Commission Meeting (SI~G194):
The applicant accepted the recommendation,
There was one ~l~ person present in opposition. Concerns were expressed relative to
overall area growth; the ratio used by the County to estimate the number of school
children; and that the proposal did not conform to neighborhood trends.
Mr. Gulley expressed concerns rela~ve to overall area growth and the resultant impact
on roads and schools. He indicated that he preferred R- ~~ 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.
Gn motion of Mr, Marsh, seconded by Mr. Cunningham, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages ~ through
11.
AYFS: Messrs. Marsh, Cunningham, Faster and Miller.
ABSTAIN: Mr. Gulley.
Board of Supervisors Meeting (9l~S194~:
At the request of the applicant, the Board deferred this case for thirty ~3D} days.
Staff ~~129~94}:
The app~.cant was advised in writing that any new inforrnatxon should be submitted no
cater than Goober 7',1994, far consideration at the Board's October public hearing. The
applicant was also advised that a X50 deferral fee was due.
Staff ~ I ~l ~ 3194
To date, no new information has been submitted. 'the 5~ deferral fee was paid.
The Board of Supervisors on 'Wednesday, October ~G, 1994, beginning at '~: ~ p, m., will take
under cons~dera~on this request.
17 94SN~2i91wP1OCT2GG
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