C-24-16, RICHARD KENNETH JOHNSON

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1 C-24-16, RICHARD KENNETH JOHNSON Residential Rezoning Report 2017 Overview Of SU? Current Zoning A-i, Agricultural District Requested Zoning AR-6(c), Agricultural District with conditions Requested Density One (1) dwelling unit per 5.0 acres Acreage 10.0 Location South line of Pine Springs Lane (private road) approximately 900 feet east of its intersection with Coatesville Road (State Route 671) GPLNs General Land Use Plan Agricultural Major Thoroughfare Plan Not on a thoroughfare road Suburban Service Area Outside Case Planner Claudia Cheely Executive Summary The applicant is proposing to rezone from A-i, Agricultural District, to AR-6(c), Agricultural Residential District with conditions, to permit the creation of one additional lot for a family member. Recommendations Planning Staff APPROVAL subject to the proffers submitted on February 6, 2017, and the conceptual plan, dated December 2, Planning Commission APPROVAL subject to the proffers submitted on February 6, 2017, and the conceptual plan, dated December 2, 2016.

2 CDC/sm/HTE existing residence on Lot 1, from which Lot 2, consisting of 3.0 acres, will be created. Lot 2 will be designation in the Comprehensive Plan and should not impact the existing rural residential character of been submitted to limit the clearing of large trees on the property. for a family member. The plan indicates that each lot will have separate driveways from Pine Springs This application for AR-6 zoning for one additional lot is consistent with the Agricultural land use the area. The proposed lots are similar in size to others in the area, and a tree preservation proffer has Approval of this request could result in one additional dwelling unit. Schools affected are listed Liberty MS School Enrollment Forecast BeaverdamE.S Schools Affected Capacity 2016 Actual The applicant has submitted a conceptual plan showing the 10.0 acre parcel with the applicant s below: There were no substantive comments from any of the reviewing agencies. The Historical Commission tree preservation, wetlands certification, a perenniality study and family division. Staff recommends approval of the executed proffers submitted on February 6, reviewed this request and determined that the rezoning will not impact the nearby historic resource known as Springfield. Agency Analysis Lane. The applicant has submitted proffers that provide for substantial conformity to the conceptual plan, , consisting of approximately 10.0 acres, subject to the submitted proffers and conceptual plan. At their meeting of February 16, 2017, the Hanover County Planning Commission, on a motion by from A-i, Agricultural District, to AR-6(c), Agricultural Residential District with conditions, on GPN Mrs. Iverson, seconded by Mr. McGhee, voted to recommend APPROVAL of the request to rezone Planning Analysis PatrickHenryHS Proffers Planning Commission Recommendation 2

3 Exec. Exec. full full full Attachments Maps (land use, vicinity, zoning, aerial) E Historical Commission Recommendation El County Traffic Study Summary E Application Materials El 527 Traffic Study Summary El Citizen Correspondence El Photographs E Proffers/Conceptual Plan I1 Ordinance Available Upon Request E Agency Review Comments El County Traffic Study Copy E Application Copy El 527 Traffic Study Copy 3

4 Hanover County, Virginia Land Use Map Agricultural Legend Rural Village Suburban Transitional Suburban General Suburban High Multi-Family Commercial Multi-Use Business-Industrial Industrial Limited Industrial Planned Business Destination Commerce Mechanicsville Small Area Plan Flood Plain C-24-J 6 Rezone A-I toar-6 (family) Agricultural Land Use GPIN: Beaverdam Magisterial District 1 inch = 1,400 feet December 05, 2016 I

5 Hanover County, Virginia General Parcel Map Legend Roads Water Trees Private Road Structures Parcels C Richard K. Johnson Rezone A-f to AR-6 (family) GPIN: Beaverdam Magisterial District I inch=i,400feet December05, 2016

6 Hanover County, Virginia Zoning Map Legend Roads El Water Private El Parcels cup ElA-1 PUD RRC RR-1 RO-1 El Psc POB El PMH HE El AR-i El AR-2 El AR-6 El RC C Rezone A-I to AR-6 (family) ) GPIN: Beaverdam Magisterial District I inch=1,400feet December 05, 2076

7 C Richard K. Johnson 2013 Aerial 7 W4J&E Feet

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9 ORDINANCE C-24-16(c) OWNER OF RECORD: CONTRACT PURCHASER: RICHARD KENNETH JOHNSON JESSICA CHRISTINE JOHNSON 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 Hanover County; and the following amendment to the Zoning Ordinance and Zoning District Map of WHEREAS the Board of Supervisors has held public hearings on the 22 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 10.0± acres located on the south line of Pine Springs Lane (private road) approximately 900 feet east of its intersection with Coatsville Road (State Route 671), (a detailed description is filed with the Board s papers) from A-i, Agricultural District, to AR-6(c), Agricultural Residential District with conditions, subject to the following conditions which were proffered by the Applicant on February 6, 2017, and accepted by the Board: 1. Conceptual Plan. The property shall be divided in substantial conformity with the conceptual plan attached, titled AR-6 Johnson Rezoning, prepared by Richard Johnson. dated December 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. Wetlands Certification. The Owner agrees to submit a wetlands certification for the property to the Hanover County Department of Public Works for its review and approval prior to or concurrent with the submission of an application for a Family Division. The Family Division shall not be approved unless the Department of Public Works approves the wetlands certification.

10 concurrent with the submission of an application for a Family Division. The Family Division shall not be approved unless the Department of Public Works approves the perenniality study., Adopted March Board of Supervisors March 22, 2017 Planning Commission February 16, 2017 Public Hearings: Sean M. Davis Wayne T. Hazzard Faye 0. Prichard Scott A. Wyatt Angela Kelly-Wiecek Aubrey M. Stanley W. Canova Peterson, IV Vote: members of the Board of Supervisors voted to approve Ordinance C-24-16(c), Richard Kenneth Johnson, as follows: On motion of seconded by 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. BE IT FURTHER ORDAINED that this Ordinance is effective on the date of adoption and the lot for at least three (3) years following the issuance of a Certificate of Occupancy, unless the lot is the subject of an involuntary transfer caused by foreclosure, death, judicial sale, Chapter 25, Article II, Division 5 of the Hanover County Code. The family member to whom the property was sold or given shall hold title to and reside on the newly created condemnation, or bankruptcy. 5. Family Division. The property shall only be divided for family, in accordance with the Hanover County Department of Public Works for its review and approval prior to or 4. Perenniality Study. The Owner agrees to submit a perenniality study for the property to

11 This is to certify that the above is a true copy of C (c), Richard Kenneth Johnson, adopted by the Hanover County Board of Supervisors on Dated: Cecil R. Harris, Jr. County Administrator / Clerk Hanover County Board of Supervisors CDC/sm/hte