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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
05 SN0310
Hill Development Associates, LTD
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April 23, 2008 BS
Dale Magisterial District
Beulah Elementary, Salem Middle and Bird High School Attendance Zones
South line of Kingsland Road
RE VEST: Rezoning from Agricultural (A) to Residential (R-12) of 73.8 acres with
Conditional Use Planned Development to allow a residential stock farm and
private kennel on 13.7 acres of the overall property.
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 12,000 square
feet is planned. A proffered condition limits development to a maximum of 115
dwelling units, yielding a density of approximately 1.56 dwelling units per acre
(Proffered Condition 7). In addition, a residential stock farm and a private kennel
are planned on 13.7 acres.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 6.
AYES: MESSRS. GULLEY, BROWN, HASSEN AND WALLER.
NAY: MR. BASS.
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Central Area Plan which
suggests the property is appropriate for residential use of 1.0 - 2.5 dwelling units
per acre.
B. 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.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS MAY BE 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 Developer (the "Developer") in this zoning case, pursuant to § 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for himself and
his successors or assigns, proffers that the development of the property known as Chesterfield
County Tax Identification Numbers 780-670-6772, 780-671-8852, 780-671-2751, and 780-671-
1301 (the "Property") under consideration will be developed according to the following
conditions if, and only if, the rezoning request for R-12 with Conditional Use Planned
Development is granted. In the event the request is denied or approved with conditions not
agreed to by the Developer, the proffers and conditions shall immediately be null and void and of
no further force or effect.
(STAFF/CPC) 1. Master Plan. The Textual Statement, dated February 1, 2006 and
revised through February 12, 2008, and Exhibit A, titled "Plat of
Two Parcels of Land Containing 73.8 Acres Situated on Kingsland
Road" prepared by Townes Site Engineering dated October 15,
2004 and revised April 25, 2005, shall be considered the Master
Plan. (P)
(STAFF/CPC) 2. Utilities. The public water and wastewater systems shall be used,
except for model homes/sales offices not in permanent dwellings
and/or construction offices. (U)
(STAFF/CPC) 3. Cash Proffers. The Developer, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield prior to the issuance of
a building permit for infrastructure improvements within the
service district for the Property:
2 05SN0310-APR23-BOS-RPT
A. $15,600 per dwelling unit, if paid prior to July 1, 2007. At
the time of payment, the $15,600 will be allocated pro-rata
among the facility costs as follows: $5,331 for schools,
$602 for parks and recreation, $348 for library facilities,
$8,915 for roads, and $404 for fire stations.
B. Thereafter, such payment shall be the amount approved by
the Board of Supervisors not to exceed $15,600 per
dwelling unit adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July 1,
2006, and July 1 of the fiscal year in which the payment is
made if paid after June 3 0, 2007.
Cash proffer payments shall be spent for the purposes proffered or
as otherwise permitted by law. Should Chesterfield County impose
impact fees at any time during the life of the 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 manner as determined by the County. (B&M)
(STAFF/CPC) 4. Timberin .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)
(STAFF/CPC) 5. Lot Area. A minimum of 12,000 square feet of each lot shall be
exclusive of easements in excess of fifty (50) feet in width. Such
required lot area shall be contiguous to and inclusive of the
building envelope and located adjacent to the required street
frontage. (P)
(STAFF/CPC) 6. Dwelling Units. The minimum gross floor area for one story
dwelling units shall be 1,700 square feet and dwelling units with
more than one story shall have a minimum gross floor area of
1,800 square feet. (BI)
(STAFF/CPC) 7. Density. The maximum number of dwelling units developed on the
Property shall be one-hundred fifteen (115).(P)
(STAFF/CPC) 8. Foundations. All exposed portions of the foundation and piers
supporting front porches of each dwelling unit shall be faced with
poured in place concrete patterned and painted to simulate a veneer
of brick or stone, Exterior Finish Insulation System (EFIS), stucco,
or ric or stone veneer. (BI)
3 05SN0310-APR23-BOS-RPT
(STAFF/CPC) 9. Dedication of Ri ht-of Way. In conjunction with the recordation
of the initial subdivision plat, or within sixty (60) days from a
written request by the Transportation Department, whichever
occurs first, the following right-of way shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County:
A. Forty-five (45) feet of right-of way on the south side of
Kingsland Road immediately adjacent to the Property
measured from a revised centerline of Kingsland Road
based on VDOT Urban Minor Arterial (50 MPH) standards
with modifications approved by the Transportation
Department. (T)
(STAFF/CPC) 10. Vehicular Access. No direct vehicular access shall be provided
from the Property to Kingsland Road, except for:
A. One (1) driveway to serve one (1) residence on Parcel 1, as
identified on Exhibit A.
B . One (1) temporary construction entrance/exit, if approved
by the Virginia Department of Transportation. (T)
(STAFF/CPC) 11. Sole Access. Any lot having sole access through an adjacent
subdivision shall meet the following requirements:
A. Lots having sole access through Kingsland Woods
subdivision shall have an average lot area of no less than
18,074 square feet and a maximum density of 2.41
dwelling units per acre.
B. Lots having sole access through Ashton Woods North
subdivision shall have an average lot area of no less than
13, 404 square feet and a maximum density of 3.25
dwelling units per acre.
C. Lots having sole access through Treemont subdivision shall
have an average lot area of 15,056 square feet and a
maximum density of 2.88 dwelling units per acre. (P)
(STAFF/CPC) 12. Road Improvements. To provide an adequate roadway system at
the time of complete development, the Developer shall provide the
following improvements with initial development of the Property:
A. Widening/improving the south side of Kingsland Road to an
eleven (11) foot wide travel lane, measured from the
centerline of the existing pavement, with an additional one
4 05SN0310-APR23-BOS-RPT
(1) foot wide paved shoulder plus a seven (7) foot wide
unpaved shoulder and overlaying the full width of
Kingsland Road with one and one-half (1.5) inches of
compacted bituminous asphalt concrete, with modifications
approved by the Transportation Department, for the entire
frontage of Parcel 2 as identified on Exhibit A.
B. Dedication to Chesterfield County, free and unrestricted, of
any additional right-of way (or easements) required for the
improvements identified above. (T)
(STAFF/CPC) 13. Restrictive Covenants. The following shall be recorded as
restrictive covenants in conjunction with the recordation of any
subdivision plat:
A. No sign of any kind shall be displayed to public view on
any lot, unless first approved in writing by developer,
except one sign of not more than four (4) square feet
advertising the property for sale or rent, or signs used by
the initial construction and sales period.
B. 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. 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.
C. No swimming pool shall be located nearer to any street line
than the rear building line of the dwelling.
D. 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.
E. No portable air condition units will be placed in any
window of a dwelling or other building if visible from a
public street.
F. 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 otherwise
permitted by law.
5 05SN0310-APR23-BOS-RPT
G. 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
driveway provided for on such lot.
H. These restrictions shall run with the land for a period of
twenty-five (25) years and be binding upon any and all
succeeding owners of any portion of the Property, their
personal representatives, estates, heirs, devisees, assigns, or
successors in interest or any other parties having or taking
an interest in or to the Property, or any part thereof. These
conditions and restrictions may be enforced by any owner
of any portion of the Property using any legal remedy
available to that owner. (P)
GENERAL INFORMATION
Location:
South line of Kingsland Road, west of Pine Glade Lane, Tax IDs 780-670-6772 and 780-
671-1301, 2751 and 8852.
Existing Zoning:
A
Size:
73.8 acres
Existing Land Use:
Single family residential and vacant
Adjacent Zoning and Land Use:
North - A; Single family residential or vacant
South - R-7 and R-9; Single family residential or vacant
East - R-7; Single family residential or vacant
West - R-9; Single family residential or vacant
6 05SN0310-APR23-BOS-RPT
T TTTT ,TTTF,C
Public Water System:
There is an existing twelve (12) inch water line extending along a portion of Kingsland
Road that terminates adjacent to Sir Lionel Place, approximately 765 feet west of the
request site. In addition, there is an existing twelve (12) inch water line extending along a
portion of Kingsland Road that terminates west of Pine Glade Lane, at a point
approximately sixty-five (65) feet east of the request site. A gap of approximately 2,025
feet exists in the public water system along Kingsland Road, between Sir Lionel Place
and Pine Glade Lane. With development of the request site, it is anticipated that a twelve
(12) inch water line will be extended along Kingsland Road with connections made to
where the existing lines terminate near Sir Lionel Place and Pine Glade Lane. Use of the
public water system has been proffered. (Proffered Condition 2)
Per Utilities Department Design Specifications (DS-21), wherever possible, two (2)
supply points shall be provided for subdivisions containing more than twenty-five (25)
lots. To ensure water quality and provide emergency feeds, additional water connections
may be required to the existing eight (8) inch water lines in Sourwood Lane (Treemont
Subdivision, Section A) and Sir Sagamore Drive (Kingsland Woods Subdivision, Section
2); and, connection made to the existing six (6) water line in Pinetag Drive (Treemont
Subdivision, Section A).
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along the northern
boundary of Route 288 adjacent to this site. In addition, an eight (8) inch wastewater
collector line extends across the southern portion of this site to Sir Sagamore Drive to
serve Kingsland Woods Subdivision, Section 2. Use of the public wastewater system is
intended and has been proffered by the applicant. (Proffered Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the south directly into Proctors Creek. There are currently
no known on- or off site drainage or erosion problems and none are anticipated after
development. In addition, the property is heavily wooded and should not be timbered
prior to the developer obtaining a land disturbance permit from the Department of
Environmental Engineering and installing the appropriate erosion control devices. This
will insure that adequate erosion control measures are in place prior to any land
disturbance. (Proffered Condition 4)
7 05SN0310-APR23-BOS-RPT
Water Quality
Proctors Creek and other perennial streams located on the property are surrounded by
100-foot Resource Protection Areas (RPAs) in which very limited uses are permitted.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations and transportation facilities is identified in the
County's adopted Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement
Pro ram and further detailed by specific departments in the applicable section of this "Request
Analysis."
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)
existing stations.
Based on 115 dwelling units, this request will generate approximately thirty-two (32)
calls for fire and emergency medical service each year. The applicant has addressed the
impact on fire and EMS. (Proffered Condition 3)
The Centralia Fire Station, Company Number 17, currently provides fire protection and
emergency 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 process.
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Approximately sixty-one (61) (Elementary: 26, Middle: 15 and High: 20) students will be
generated by this development. This site lies in Beulah Elementary School attendance zone:
capacity - 522, enrollment - 550; Salem Middle School zone: capacity -1,018, enrollment -
914; and Bird High School zone: capacity - 1,722, enrollment - 1,788. The enrollment is
based on October 1, 2007 and the capacity is as of 2006-2007.
This request will have an impact on schools. There are currently five (5) trailers at Beulah
Elementary; four (4) trailers at Salem Middle; and five (5) trailers at Bird High School.
This case combined with other residential developments and zoning cases in the area will
continue to push these schools over capacity, especially at the secondary level,
necessitating some form of relief in the future.
The applicant has offered measures to assist in addressing the impact of this development
of schools. (Proffered Condition 3)
8 05SN0310-APR23-BOS-RPT
T,ihrariP~~
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed county-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development in this area of the county would most likely affect the Meadowdale Library,
the Central Library or the Chester Library. The Public Facilities Plan identifies a need to
expand the Meadowdale and Chester Libraries. The applicant has offered measures to
assist in addressing the impacts of this development on libraries. (Proffered Condition 3)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional parks, seven (7)
community and twenty-nine (29) neighborhood parks by 2020. In addition, there is a
shortage of community and neighborhood park acreage in the county. The Public
Facilities Plan identifies the need for linear parks and resource based special purpose
parks (historical, cultural and environmental) and makes recommendations for their
locations. The Plan also addresses the need for additional recreational facilities to
include sports fields, trails, playgrounds, court games, senior centers and picnicking
areas/shelters at existing parks to compete build-out. The Plan identifies shortfalls in
trails and recreational historic sites. The applicant has offered measures to assist in
addressing the impact of this development on parks facilities. (Proffered Condition 3)
Transportation:
The property (73.8 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential (R-12). The applicant has proffered a maximum
density of 115 lots (Proffered Condition 7). Based on single-family trip rates,
development could generate approximately 1,190 average daily trips. These vehicles will
be initially distributed through adjacent subdivision streets to Kingsland Road and Salem
Church Road which had 2006 traffic counts of 3,450 and 7,056 vehicles per day (VPD),
respective y.
The Thoroughfare Plan identifies Kingsland Road as a major arterial with a
recommended right of way width of ninety (90) feet. The applicant has proffered to
dedicate forty-five (45) feet of right of way, measured from a revised centerline of
Kingsland Road, in accordance with that Plan. (Proffered Condition 9)
Vehicular access to major arterials, such as Kingsland Road, should be controlled. The
property has limited frontage along Kingsland Road. The applicant has proffered that no
direct vehicular access, except for one (1) private driveway and one (1) temporary
construction entrance/exit, will be provided from the property to Kingsland Road.
(Proffered Condition 10)
The property has potential access through four (4) stub road rights of way; Pinetag Drive,
Sourwood Lane, Sir Sagamore Drive and an unnamed stub road right of way connecting
9 05SN0310-APR23-BOS-RPT
Pleasant Ridge Road. The Subdivision Ordinance includes 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. Traffic generated
by this proposed development is anticipated to travel along streets in the adjacent
subdivisions (Treemont, Kingsland Woods and Ashton Woods North Subdivisions).
Those streets were developed prior to the adoption of the Stub Road Policy. Pine Glade
Lane (2006 traffic count of 290 VPD), Sir Lionel Place (2005 traffic count of 436 VPD),
Sir Sagamore Drive (765 VPD) and Ashton Woods Drive (2005 traffic count of 1,463
VPD) are some of the subdivision streets that are anticipated to be used in traveling to
and from this proposed development. The section of Ashton Woods Drive that connects
Salem Church Road would be considered a residential collector road. At time of tentative
subdivision plan review, staff will evaluate the proposed road network and provide
specific recommendations per the Stub Road Policy.
Traffic noise from Route 288 will impact development on the property. The Subdivision
Ordinance requires a 200-foot setback, exclusive of required yards, from the Route 288
right-of way, unless a noise study demonstrates that a lesser distance is acceptable. Natural
vegetation must be retained within the setback area, unless the Planning Commission
approves its remova .
The traffic impact of this development must be addressed. The applicant has proffered the
customary widening and shoulder improvements along Kingsland Road for most of the
property frontage (i.e., along the frontage of parcel 2 as shown on Exhibit A). (Proffered
Condition 12)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Salem Church Road and Kingsland Road will be directly
impacted by development of this property. Sections of Salem Church Road have
approximately twenty-four (24) foot wide pavement with six (6) foot wide shoulders. The
capacity of Salem Church Road is acceptable (Level of Service D) for the volume of
traffic it carries (7,056 VPD). Sections of Kingsland Road have approximately nineteen
(19) to twenty (20) foot wide pavement with minimal shoulders. The capacity of
Kingsland Road is acceptable (Level of Service C) for the volume of traffic it carries
(3,450 VPD).
The applicant has proffered to provide cash contributions, in an amount consistent with
the Board of Supervisors' Cash Proffer Policy, towards mitigating the traffic impact of
this development (Proffered Condition 3). 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.
The Virginia Department of Transportation's (VDOT) "Chapter 527" regulations, dealing
with development Traffic Impact Study requirements, have recently been enacted. Staff has
been meeting with VDOT to attempt to understand the process and the impact of the
10 05SN0310-APR23-BOS-RPT
regulations. At this time, it is uncertain what impact VDOT's regulations will have on the
development process or upon zonings approved by the county.
At time of tentative subdivision review, specific recommendations will be provided
regarding the internal street network.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling
Units 115 ~ 1.00
Population Increase 312.80 2.72
Number of New Students
Elementary 26.80 0.23
Middle 14.95 0.13
High 19.44 0.17
TOTAL 61.18 0.53
Net Cost for Schools 615,020 5,348
Net Cost for Parks 69,460 604
Net Cost for Libraries 40,13 5 349
Net Cost for Fire Stations 46,575 405
Average Net Cost for Roads 1,028,330 8,942
TOTAL NET COST $1,799,520 $15,648
~ Based on a proffered maximum yield of 115 lots (Proffered Condition 7). The 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 this proposed
development. Consistent with the Board of Supervisors' policy, and proffers accepted from other
applicants, the applicant has offered cash and road improvements to assist in defraying the cost
of this proposed zoning on such capital facilities. (Proffered Condition 3)
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.
11 05SN0310-APR23-BOS-RPT
Comprehensive Plan:
T , ANTI T TCF,
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for residential use of 1.0 - 2.5 dwelling units per acre.
Area Development Trends:
Area properties are zoned for and occupied by single family residential uses on larger
acreage parcels, within Ashton Woods North, Kingsland Woods and Treemont
Subdivisions or are vacant. It is anticipated that residential development will continue in
the area as suggested by the Plan.
Site Design and Permitted Uses:
In addition to a residential stock farm (permitting the keeping of horses) and a private
kennel which would be permitted in conjunction with the existing single family dwelling
on Parcel 1 as shown on the Master Plan (Attachment), a single family residential
subdivision is proposed, as described in the Textual Statement (Attachment) and
proffered conditions. Typical standards designed to minimize the impact of the
residential stock farm are required. (Textual Statement)
Density and Lot Areas:
A maximum of 115 dwelling units would be permitted yielding an overall density of 1.56
dwelling units per acre. (Proffered Condition 7)
As previously noted, Proffered Condition 10 would preclude access from the property to
Kingsland Road, therefore, access for the development would be provided solely through
adjacent developments: Ashton Wood North, Kingsland Woods and Treemont
Subdivisions. Typically, new lots developed with sole access through an existing
subdivision share an identity with the adjacent subdivision and should have comparable
lot sizes and densities to ensure compatibility between the two (2) developments.
Since sole access for this development may occur through either one or more of the
adjacent developments (Kingsland Woods, Ashton Woods North and Treemont
Subdivisions), average densities and lot sizes for each of these developments were
analyzed. Proffered Condition 11 requires any lots having sole access through these
adjacent subdivisions to be compatible with them by requiring the lots to meet the
average lot areas and densities of these developments. Specifically, Proffered Condition
11 requires lots having sole access through Kingsland Woods Subdivision to have an
average lot area of no less than 18,074 square feet and a maximum density of 2.41
dwelling units per acre; lots having sole access through Ashton Woods North Subdivision
to have an average lot area of no less than 13,074 square feet and a maximum density of
3.25 dwelling units per acre; and, lots having sole access through Treemont Subdivision
12 05SN0310-APR23-BOS-RPT
to have an average lot area of 15,056 square feet and a maximum density of 2.88
dwelling units per acre.
In addition to these lot area requirements above designed to assure compatibility with
adjacent developments, to address concerns of the Dale District Commissioner relative to
assuring adequate building sites which are not compromised or separated from public
street frontage by large easements on individual lots, Proffered Condition 5 requires that
a minimum of 12,000 square feet of each lot be exclusive of easements in excess of fifty
(50) feet in width and that such area be contiguous to and inclusive of the building
envelope and be located adjacent to the required street frontage.
Foundation Treatments and Dwellin 5.~ izes:
Proffered conditions require minimum house sizes and foundation treatments. (Proffered
Conditions 6 and 8)
Restrictive Covenants:
Proffered Condition 13 requires restrictive covenants to be recorded with the recordation
of any subdivision plat for the request property. It is important to note that the County
only ensures that the covenants are recorded and is not responsible for enforcement of
covenants. Once the covenants are recorded, they maybe changed.
CONCLUSIONS
The proposed zoning and land uses conform to the Central Area Plan which suggests the
property is appropriate for residential use of 1.0 - 2.5 dwelling units per acre.
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 Pro .gram, and the impact
development is discussed herein. The proffered conditions mitigate the impact on
facilities, thereby insuring adequate service levels are maintained and protecting the
safety and welfare of County citizens.
Given these considerations, approval of this request is recommended.
of this
capital
health,
CASE HISTORY
Planning Commission Meeting (3/21/06):
At the request of the applicant, the Commission deferred this request to their May 16,
2006 public hearing.
13 05SN0310-APR23-BOS-RPT
Staff (3/22/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 27, 2006 for consideration at the Commission's
May 16, 2006 public hearing. Also, the applicant was advised that a $250.00 deferral fee
must be paid prior to the Commission's public hearing.
Applicant (3/22/06 and 4/27/06):
Draft revisions to the proffered conditions and Textual Statement were submitted.
Applicant (4/4/06):
The deferral fee was paid.
Planning Commission Meeting (5/16/06):
At the request of the applicant, the Commission deferred this case to July 18, 2006.
Staff (5/17/06):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than May 22, 2006 for consideration at the Commission's July 18,
2006 public hearing. Also, the applicant was advised that a $250.00 deferral fee must be
paid prior to the Commission's public hearing.
Applicant (5/30/06):
The deferral fee was paid.
Planning Commission Meeting (7/18/06):
At the request of the applicant, the Commission deferred this case to September 19, 2006.
14 05SN0310-APR23-BOS-RPT
Staff (7/19/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 24, 2006 for consideration at the Commission's
September 19, 2006 public hearing. Also, the applicant was advised that a $250.00
deferral fee must be paid prior to the Commission's public hearing.
Applicant (7/28/06):
The deferral fee was paid.
Planning Commission Meeting (9/19/06):
At the request of the applicant, the Commission deferred this case to December 14, 2006.
Staff (9/20/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 16, 2006 for consideration at the
Commission's December 14, 2006 public hearing. Also, the applicant was advised that a
$250.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (10/26/06):
The deferral fee was paid.
Planning Commission Meeting (12/14/06):
At the request of the applicant, the Commission deferred this case to March 20, 2007.
Staff (12/15/06):
The applicant was advised in writing that any new significant, new or revised information
should be submitted no later than January 1 1, 2007 for consideration at the Commission's
March 20, 2007 public hearing. Also, the applicant was advised that a $250.00 deferral
fee must be paid prior to the Commission's public hearing.
15 05SN0310-APR23-BOS-RPT
Applicant (1 / 10/07)
The deferral fee was paid.
Applicant (2/28/07):
A thirty (30) day deferral was requested to allow time to finalize the proposal.
Planning Commission Meeting (3/20/07):
At the request of the applicant, the Commission deferred this case to the June 19, 2007
public hearing.
Staff (3/21/07):
The applicant was advised in writing that any new or revised information should be
submitted no later than April 16, 2007 for consideration at the June 19, 2007 public
hearing. In addition, the applicant was advised that a $250.00 deferral fee must be paid
prior to the June meeting.
Applicant (4/20/07):
The deferral fee was paid.
Applicant, Staff, Area Citizens and the Dale District Planning Commissioner (4/24/07):
A meeting was held to discuss the request. Concerns were expressed relative to increased
traffic within adjacent subdivisions through which access is proposed.
Planning Commission Meeting (6/19/07):
At the request of the applicant, the Commission deferred this case to their August 21,
2007 public hearing.
Staff (6/20/07):
The applicant was advised in writing that any new or revised information should be
submitted no later than June 25, 2007, for consideration at the August 21, 2007, public
16 05SN0310-APR23-BOS-RPT
hearing. In addition, the applicant was advised that at $250.00 deferral fee must be paid
prior to the August meeting.
Applicant (7/2/07):
The deferral fee was paid.
Planning Commission Meeting (8/21/07):
At the request of the applicant, the Commission deferred this case to their October 16,
2007 public hearing.
Staff (8/22/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 27, 2007 for consideration at the Commission's
October 16, 2007 public hearing. Also, the applicant was advised that a $250.00 deferral
fee must be paid prior to the Commission's public hearing.
Staff (9/28/07):
To date, no new or revised information has been submitted, nor has the deferral fee been
pai .
Planning Commission Meeting (10/16/07):
At the request of the applicant, the Commission deferred this case to their December 18,
2007 public hearing.
Staff (10/17/07)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 22, 2007 for consideration at the
Commission's December 18, 2007 public hearing. Also, the applicant was advised that a
$250.00 deferral fee must be paid prior to the Commission's public hearing.
17 05SN0310-APR23-BOS-RPT
Staff (11/27/07):
To date, no new or revised information has been submitted, nor has the deferral fee been
pai .
Applicant (12/5/07):
The deferral fee was paid.
Planning Commission Meeting (12/18/07):
The applicant requested deferral to January 15, 2008.
Mr. Wilson stated Mr. Litton, who was absent, had indicated that a thirty (30) day
deferral would not be sufficient to address remaining concerns and asked that the
Commission defer the case an additional sixty (60) days, for a total of ninety (90) days.
The Commission deferred this case for ninety (90) days, thirty (30) days at the
applicant's request and sixty (60) days on the Commission's motion.
Staff (12/19/07)
The applicant was advised in writing that any significant, new or revised information
must be received no later than January 7, 2008 for consideration at the Commission's
regularly scheduled meeting in March 2008. Also, the applicant was advised that a
$500.00 deferral fee must be paid prior to the March 2008 public hearing.
Applicant (1/28/08):
The deferral fee was paid.
Applicant (2/18/08, 2/20/08, and 2/28/08):
Revisions to the proffered conditions and Textual Statement were submitted.
Planning Commission Meeting (3/18/08):
The applicant accepted the recommendation. There was opposition present expressing
concern relative to the traffic impact on Kingsland Road and within adjacent
18 05SN0310-APR23-BOS-RPT
subdivisions. One person spoke in favor of the request noting that the request would
allow infill development.
Dr. Brown stated that with the numerous stub road connections, traffic for the
development would be balanced between the adjacent neighborhoods.
Mr. Bass expressed concerns about additional traffic on Kingsland Road.
On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 6.
AYES: Messrs. Gulley, Brown, Hassen and Waller.
NAY: Mr. Bass.
The Board of Supervisors, on Wednesday, April 23, 2008, beginning at 6:30 p.m., will take
under consideration this request.
19 05SN0310-APR23-BOS-RPT
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TEXTUAL STATEMENT
HILL DEVELOPMENT ASSOCIATES, LTD
February 1, 2006
March 22, 2006
April 14, 2006
November 1, 2006
February 5, 2008
February 12, 2008
The application contains one (1) exhibit described as follows: Exhibit A: Plan titled "Plat of
Two Parcels of Land Containing 73.8 Acres Situated on Kingsland Road" prepared by Townes
Site Engineering dated October 15, 2004, revised April 25, 2005.
I. REQUIREMENTS AND EXCEPTIONS:
A. Uses. Uses within Parcels 1 and 2 shall be limited to those uses permitted by
right or with restrictions in the Residential (R-12) District, except that the
following uses shall also be permitted on Parcel 1, so long as the uses are
accessory to a single family dwelling and Parcel 1 is not subdivided or otherwise
reduced in area from the 13.7 acres as shown on Exhibit A:
1. Residential stock farm limited to the keeping of a maximum of two (2)
horses.
2. Private kennel limited to no more than five (5) dogs over four (4) months
of age.
B. Requirements. Except as specified below for residential stock farm use,
development shall conform to the requirements of the Residential (R-12) District.
1. Residential Stock Farm.
a. All facilities and areas associated with the keeping of horses
(stables, pastures, etc) shall be cleaned and made free of waste on a
regular basis. In addition, the property owner shall employ a
means of eliminating any odor problems and propagation of
insects.
b. Facilities and areas (stables, pastures, horse rings, etc.) associated
with the keeping of horses shall be located a minimum of fifty (50)
feet from any adj acent properties to the development and from any
existing or proposed public roads.
DEVELOPER
By:
Attorney-in-Fact for Developer
13026530.9
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