SOUTHAMPTON COUNTY BOARD OF SUPERVISORS Regular Session i June 27, 2016 10B. PUBLIC HEARING ZONING MAP AMENDMENT JESSICA TAYLOR, APPLICANT CONSTANCE BERARDINIS AND ROBERT F. KELLO, JR., OWNERS This public hearing is held pursuant to Section(s) 15.2-1427 and 15.2-2204 of the Code of Virginia, 1950, as amended to consider a request by Jessica Taylor, applicant, for Constance Berardinis and Robert F. Kello, Jr., owners, for a zoning map amendment from A-1, Agricultural, to CRR, Conditional Rural Residential to permit the creation of one five (5) acre parcel. The property is known as Tax Parcel 58-5, and is located on Indian Town Road (SR 651) approximately 1000 feet east of its intersection with Medicine Springs Road (SR 757). Tax Parcel 58-5 is approximately 91.69 acres in size; this request is to create a five (5) acre parcel. The property is in the Capron Voting and Magisterial Districts. The notice of public hearing was published in the Tidewater News on June 5 and June 12, 2016 and all adjacent property owners were notified as required by law. Following its public hearing on May 12, 2016, the Southampton County Planning Commission voted unanimously to recommend approval of the zoning map amendment. After conclusion of the public hearing, the Board of Supervisors will consider the comments offered this evening and will proceed to approve, deny or defer action on the request. Mrs. Beth Lewis, Secretary to the Planning Commission, will provide introductory remarks after which all interested parties are invited to come forward and express their views. MOTION REQUIRED: If the Board is so inclined, a motion is required to accept the Planning Commission recommendation and approve the zoning map amendment.
REZ 2016:02 Jessica Taylor, agent, for Constance Berardinis and Robert F. Kello, Jr., owners Application Request: Zoning map amendment (Rezoning) IDENTIFICATION AND LOCATION INFORMATION Current Comprehensive Plan designation: Current Zoning: Requested Zoning: Acreage: Proposed Use: Agriculture/Forest/Open Space/Rural Residential A-1, Agricultural District CRR, Conditional Rural Residential Approximately 5 acres of a 91.69 acre tract One (1) buildable lot for single family detached residence Tax Map No.: Portion of 58-5 Location: On Indian Town Road (SR 651) approximately 1,000 feet east of its intersection with Medicine Springs Road (SR 757) Magisterial District: Voting District: Adjacent Zoning: Adjacent Land Use: Capron Capron North: A-1, Agricultural District South: A-1 East: A-1 West: A-1 North: Agriculture/forestry South: Agriculture/forestry East: Agriculture/forestry West: Agriculture/forestry LAND USE ANALYSIS Overview The owner wishes to create one (1) buildable lot out of a tract that is located near the intersection of Indian Town Road and Medicine Springs Road. The proposed lot is in an area largely cleared but includes some forested area to the rear of the lot. Medicine
Springs Road in this area is developed with residences built on one to five acre lots. The proposed lot will be a five (5) acre lot created from a 91.69 acre parcel. Through the Rural Residential zoning regulations, one (1) lot can be created for the first 25 acres, and one (1) additional lot can be created for each additional 40 acres, which on this tract would yield one (1) more lot should the property owner wish to submit such a request. The interior of the parent tract remains in agriculture and forestry use. The requested zoning map amendment to Conditional Rural Residential conforms to the Comprehensive Plan. The property owners have included the typical proffer in their request, to be paid at the time a building permit is sought. Note that the Rural Residential zoning district permits site built residences and modular homes, but does not permit the installation of manufactured homes, as are permitted in the A-1 and A-2 zoning districts. Site Topography and Characteristics The soil types that make up the property include primarily slagle fine sandy loam (53%) and Emporia fine sandy loam (42%). In the soils survey, both are noted as prime farmland. The property is relatively flat and is not impacted by streams or floodplains. Transportation: The property is served by existing roadways. If a driveway does not exist to provide access to the property, a driveway permit from VDOT will be required in conjunction with a request for a building permit for the planned residence. Utilities The site will be served by private water and wastewater facilities and existing overhead power lines. Development Requirements Should the requested zoning map amendment be approved, the zoning ordinance provides development criteria as follows: Development will take place under the Sliding Scale provision of the zoning ordinance (Sec. 18-179). Each tract of at least 25 acres may be allowed one division. One additional division shall be permitted for each 40 acres of the tract. Each homesite is limited to five acres in size. The remainder of the property will retain its agricultural zoning designation. Community Comments The staff received no questions or comments concerning the request. CONCLUSION Strengths of application: The proposed lot meets the requirements of the Rural Residential development standards. The proposed rural residential use conforms to the Comprehensive Plan.
While this lot takes property out of agriculture and forestry use, residential lots along Medicine Springs and Indian Town Roads are common in this area. The remaining agriculture/forestry use of the property is almost 90 acres in size and is one contiguous piece. The suggested proffer is included with the request, to be collected when a building permit is sought. Weaknesses of application: The proposed residential use will reduce the county s available agricultural/forestry land. The introduction of residential uses into agricultural/forestry areas has the potential to introduce conflicts when potential homeowners are unaware of all aspects of such types of operations. PLANNING COMMISSION ACTION At their May 12, 2016 meeting, the Planning Commission held a public hearing and made a unanimous recommendation of approval for the request: The third item on our agenda tonight is the public hearing that was scheduled. It is a rezoning application; number 2016:02, Request by Jessica Taylor, applicant, for Constance Berardinis and Robert F. Kello, Jr., owners, for a zoning map amendment from A-1, Agricultural, to CRR, Conditional Rural Residential to permit the creation of one five acre parcel. The property is known as Tax Parcel 58-5, and is located on Indian Town Road (SR 651) approximately 1000 feet east of its intersection with Medicine Springs Road (SR 757). Tax Parcel 58-5 is approximately 91.69 acres in size; this request is to create a five acre parcel. The property is in the Capron Voting and Magisterial Districts. Mrs. Lewis I will let you elaborate further. Mrs. Beth Lewis states this is a typical request that the rural residential zoning designation requires the property owner, should they want to create a building lot out of agricultural property, they can request to change the zoning of a piece of property no less than one acre and no greater than five acres. Rural residential permits the construction of one single family home. That came into effect in 2007 when the zoning ordinance was changed to create the rural residential zoning district. This request meets the requirements of the rural residential zoning district. You are permitted to create one lot per the first 25 acres and one lot per additional 40 acres. So, should the property owner decide to develop the rest he has one more building lot. He could go through this process again and the remainder would be left as A-1 property. The signs have been posted and the ad was in the newspaper. I received a phone call from an abutting property owner
who was trying to understand the rural residential zoning district. A representative of the property owner is here if you have any questions. Chairman Drake states okay, thank you. Are there any questions from this board before I open the public hearing? You can speak Mr. Camp. Mr. Cass Camp addressed the board. I just wanted to say I am Cass Camp and I am here representing the owner. If there are any questions, I can elaborate a little bit on the zoning. It is typical for the area. If you go down Medicine Springs Road, there are plenty of five or more acre tracts along there. So, it s not just a one spot area. In creating the lot, what we tried to do was to make sure we took about 2.7 acres of woodland and about 2.3 remaining of open area. This is kind of close to the edge of the woods and not the best production of land. We kept that in mind when we planned it. If there are any other questions, I will be glad to answer them. Chairman Drake states are there any dwellings on there? Mr. Cast Camp states no sir, it is not. Mrs. Beth Lewis states and the property owner has proffered the typical payment of $2,360 to be paid at the time a building permit is sought. Chairman Drake states are there any questions for Mr. Camp. If not, thank you Mr. Camp. Mr. Cass Camp states thank you. Commissioner Edwards states is that one or two more lots he can build? Mrs. Beth Lewis states one more. Commissioner Edwards states one more, okay. Chairman Drake states at this time I will open up the public hearing. If anyone would like to come and speak for or against this request, now is the time to come and speak. There was no response and public hearing was closed. Chairman Drake states any further discussion from this board? This is a pretty procedural application I would say. Commissioner Randall made a motion to approve the rezoning request from A-1, Agricultural, to CRR, Conditional Rural Residential to permit the creation of one five acre parcel. Commissioner Edwards seconded the motion which carried unanimously. Mrs. Beth Lewis states this will go to the Board of Supervisors at their June meeting. SUPPORT INFORMATION AND ATTACHMENTS 1) Staff Analysis 2) Application and proffered conditions statement 3) Notification of adjacent landowners 4) Site map and soils information
Constance Kello Berardinis and Robert Kello Jr. 439 Walnut Drive St. Johns, FL 32259 John Devivi 21118 Medicine Springs Road Courtland, VA 23837 John and Lynette O Berry 15030 Ivor Road Sedley, VA 23878 Jessica Taylor Windell Francis Realty 23211 Main Street Capron, VA 23829 Darrell and Elizabeth James 21138 Medicine Springs Road Courtland, VA 23837 Ross McLeod and Kesha Eppse 21304 Medicine Springs Road Courtland, VA 23837 Robert Kello and CK Berardinis c/o Constance Berardinis 3200 Sand Marsh Lane Mt. Pleasant, SC 29466 Michael and Patricia Beck 21153 Medicine Springs Road Courtland, VA 23837 Ethel Francis 1612 Walnut Drive Emporia, VA 23847 Marguerita Lowe 21170 Medicine Springs Road Courtland, VA 23837 Mattie Kello Farm LLC 505 Greentree Lane Galax, VA 24333 Shelia Gay 21178 Medicine Springs Road Courtland, VA 23837 Charles Arrington III P.O. Box 11 Capron, VA 23829 Charles and Martha Boone 21214 Medicine Springs Road Courtland, VA 23837 Benjamin Pope 21321 Medicine Springs Road Courtland, VA 23837 Daniel and Donna Kirk 21220 Medicine Springs Road Courtland, VA 23837 Gene Griggs 21345 Medicine Springs Road Courtland, VA 23837 Carleton and Kesha Evans 21262 Medicine Springs Road Courtland, VA 23837 William Donnelly and Marc Freitag 2108 Pleasant Acres Court Virginia Beach, VA 23453 Rafael Bynum 21264 Medicine Springs Road Courtland, VA 23837 James Kello etals 21517 Indian Town Road Courtland, VA 23837 David and Rachel Spruill 486 Windmill Point Hampton, VA 23664