C-22-16(c), HOl H. NGAI AND LYNDA M. PUUNG-NGAI

Transcription

1 Major C-22-16(c), HOl H. NGAI AND LYNDA M. PUUNG-NGAI cco Residential Rezoning Report Henry Magisterial District Board Meeting Date: March 22, 2017 Or%d1 c 4 IPG\ Of SIJ? Overview Current Zoning A-i, Agricultural District Requested Zoning AR-6(c), Agricultural Residential District with conditions Requested Density One dwelling unit per 6.8 acres Acreage 34.0 acres Location On the north line of Pole Green Road (State Route 627) at its intersection with Knight Drive (private road) GPfN General Land Use Plan Agricultural Major Thoroughfare Plan Pole Green Road Collector (100 ultimate right-of-way) Suburban Service Area Outside Case Planner Gretchen W. Biemot Executive Summary This is a request to rezone to AR-6(c), Agricultural Residential District with conditions, to permit the creation of five (5) lots. As part of this development, Knight Drive, which provides access to the proposed subdivision, must be upgraded to the County s private road standards. Recommendations Staff APPROVAL subject to the submitted proffers, dated February 1, Planning Commission APPROVAL subject to the submitted proffers, dated February 1, 2017.

2 Planning Analysis The applicant has submitted a conceptual plan showing the 34.0 acre subject parcel to be divided into five lots, which range in size from 5.03 acres to 8.24 acres. Staff would note that this is the maximum number of lots that could be created on the parcel under the AR-6 zoning district. Lot 4 contains an existing dwelling and accessory structures. The conceptual plan demonstrates that all existing structures meet setback requirements from the proposed property lines. Access to each lot is shown to be provided by Knight Drive, an existing private road. Private roads that provide access to 5-31 lots must be upgraded to the County s private road standards through the subdivision process. Should this rezoning application be approved, the applicant must submit a subdivision construction plan and plat application for review and approval that is in substantial conformity with the proffered conceptual plan. This application for AR-6 zoning for five lots is consistent with the Agricultural land use designation in the Comprehensive Plan and should have little impact to the existing rural residential character of the area. Population Increase General Population 5 units x 2.69 (avg. persons per household) = 13 persons School Children 13 persons x 20% (avg. % of children per pop.) = 3 children School Enrollment and Forecasts* Schools Affected Capacity 2016 Enrollment Pole Green Elementary Oak Knoll Middle 1, Hanover High 1,765 1,330 1,354 1,375 * Data provided by the Hanover County School Board Agency Analysis The Fire Marshall s Office is recommending a 20 minimum road surface width to accommodate emergency vehicles during an emergency. There were no substantive comments from any of the other reviewing agencies. Proffers The applicant submitted the following proffers on February 1, 2017: 1. Conceptual Plan. Accept. The applicant has proffered to divide the property in substantial conformity with the conceptual plan. 2. Tree Preservation. Accept. The applicant has submitted standard tree preservation language, which will limit the clearing of large trees on the property. 3. Dedication of Right-of-way. Accept. Right-of-way will be dedicated along Pole Green Road in accordance with the Major Thoroughfare Plan. 2

3 Exec. Exec. full Full 4. Foundations. Accept. The applicant has proffered materials to be used in house foundations within the subdivision. 5. Road Width. Accept. In accordance with the Fire Marshall s Office recommendations as noted above, the applicant has agreed to upgrade the road to a 20 minimum travel surface width on Knight Drive to accommodate emergency vehicles. A proffer is necessary because the Subdivision Ordinance requires oniy an 18 wide travel surface. Planning staff is working with the Fire Marshall s Office to prepare an ordinance amendment to eliminate the discrepancy between the State Fire Code and Subdivision Ordinance requirements. 6. Access. Accept. Access will be provided by Knight Drive only, and direct access to Pole Green Road will not be permitted. Planning Commission Recommendation At their meeting of January 19, 2017, the Hanover County Planning Commission, on a motion by Mr. Bailey, seconded by Mr. Hadra, voted to recommend DENIAL as submitted but APPROVAL of the request to rezone to AR-6(c), Agricultural Residential District with conditions, on GPLN , consisting of approximately 34.0 acres, subject to revisions to the proffers. The Commission recommended the following changes: 1. Eliminate split-face block as a foundation material in Proffer #4. 2. Revise a proffer regarding fire protection to reflect the minor changes to the language recommended by staff. 3. Submit an additional proffer to increase the travel surface width along Knight Drive to 20, as recommended by the Fire Marshall s Office. 4. Submit an additional proffer to ensure access to Lot 1 will be limited to Knight Drive. Revised proffers were submitted on February 1, 2017, which reflect the Commission s recommended changes. GJWB/HTE Attachments Available Upon Request E Maps (land use, vicinity, zoning, aerial) E Agency Review Comments E Historical Commission Recommendation LI County Traffic Study Copy LI County Traffic Study Summary LI Application Copy E Application Materials LI 527 Traffic Study Full Copy LI 527 Traffic Study Summary LI Citizen Correspondence LI Photographs E Proffers/Elevations/Conceptual Plan E Ordinance

4 Hanover County, Virginia Land Use Map Legend Agricultural Rural Village Suburban Transitional Suburban General Suburban High Multi-Family Corn mercial Multi-Use Business-Industrial Industrial Limited Industrial Planned Business Destination Commerce Mechanicsville Small Area Plan Flood Plain C-22-J 6 Lynda M. & Hoi H. Ngai Agricultural Land Use GPIN: Henry Magisterial District -t 1 inch = 800 feet November08, 2016

5 Hanover County, Virginia General Parcel Map Legend Roads Water Trees Private Road Structures Parcels C Lynda M. & Hoi H. Ngai Rezone A-I to AR-6 GPIN: Henry Magisterial District 1 inch = 800 feet November08, 2016

6 Hanover County, Virginia Zoning Map Roads Water Private Legend Parcels CUP A-I PUD RRC RR-1 R0-1 PsC P08 PMH 222 HE AR-I AR-2 AR-6 C-22-J 6 Lynda M. & Hal H. El LEEI El GPIN: Henry Magisterial District w L 1 inch = 800 feet November08, 2016

7 C22J6LYfldaM.&H0i H. Ngai 2013 Aerial C rl JL r Feet

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9 ORDINANCE C-22-16(c) OWNER Of RECORD: LYNDA M. PHUNG NGAI AND 1101 H. NGAI WHEREAS the Planning Commission of Hanover County has held an advertised public hearing and forwarded this case to the Board of Supervisors with a recommendation of APPROVAL of the adoption of the following amendment to the Zoning Ordinance and Zoning District Map of Hanover County; and WHEREAS the Board of Supervisors has held public hearings on the 22nd day of March, 2017, and advertised in the Hanover Herald-Progress once a week for two successive weeks as required by Virginia Code Section ; and WHEREAS the Board of Supervisors has determined that the public necessity, convenience, general welfare, and good zoning practices require this amendment. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Hanover County that the Zoning Ordinance and the Zoning District Map of this County are amended (with conditions) by the rezoning of the property described as GPIN , consisting of 34.0± acres, located on the north line of Pole Green Road (State Route 627) at its intersection with Knight Drive (private road), (a detailed description is filed with the Board s papers) from A-l, Agricultural District, to AR-6(c), Agricultural Residential District with conditions, subject to the following conditions which were proffered by the Applicant on February 1, 2017, and accepted by the Board: 1. Conceptual Plan. The property shall be divided in substantial conformity with the conceptual plan titled, Zoning Amendment for Windsor Estates, dated November 7, 2016, revised January 31, 2017, and prepared by Resource International, Ltd. 2. Tree Preservation. Existing trees of 5 inch caliper or greater on the Property shall not be removed with the exception of dead or diseased trees or parts thereof This shall not prevent the removal of trees necessary for the construction of improvements, driveways, drainfields, or drainage facilities. 3. Dedication of Right-of-Way. The Owner agrees to dedicate fifty (50 ) feet of right-ofway from the centerline of Pole Green Road (State Route 627) to the property for the future road widening, free of cost to the County, upon request of the County or VDOT.

10 4. Foundations. Exterior of all foundations shall be of brick or stone unless the residence is constructed with synthetic stucco, in which case the foundation may be synthetic stucco. No smooth-faced cinder block, cement block, solite block, or asbestos shingle shall be permitted for the finished exterior of any structure. 5. Road Width. In addition to the private road standards outlined in Section of the Subdivision Ordinance, Knight Drive shall be constructed to a minimum travel surface width of twenty (20) feet from Pole Green Road to the northern line of the property, in accordance with the Statewide Fire Prevention Code. 6. Access. Access to Lot 1 shall be provided by Knight Drive (private road). No direct access to Pole Green Road (State Route 627) shall be permitted. BE IT FURTHER ORDAINED that this Ordinance is effective on the date of adoption and the Planning Director is hereby directed to designate the boundaries of the foregoing area as rezoned, subject to conditions, on the Zoning District Map of Hanover County. On motion of Mr. Davis, seconded by the members of the Board of Supervisors voted to approve Ordinance C-22-16(c), Lynda M. Phung Ngai and Hoi H. Ngai, as follows: Angela Kelly-Wiecek Sean M. Davis Wayne I. Hazzard W. Canova Peterson, IV Faye 0. Prichard Aubrey M. Stanley Scott A. Wyatt Vote: Public Hearings: Planning Commission January 19, 2017 Board of Supervisors March 22, 2017 Adopted March 22, 2017

11 This is to certify that the above is a true copy of C-22-l6(c), Lynda M. Phung Ngai and Hoi H. Ngai, adopted by the Hanover County Board of Supervisors on Dated: Cecil R. Harris, Jr. County Administrator / Clerk Hanover County Board of Supervisors GJWB/sm/hte