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

Residential Rezoning ReportHenry Magisterial DistrictBoard Meeting Date: March 22, 2017 Or%d1 c’

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Of SIJ?’Overview

Current Zoning A-i, Agricultural DistrictRequested Zoning AR-6(c), Agricultural Residential District with conditionsRequested Density One dwelling unit per 6.8 acresAcreage 34.0 acresLocation On the north line of Pole Green Road (State Route 627) at its

intersection with Knight Drive (private road)GPfN 8745-09-4726General Land Use Plan AgriculturalMajor Thoroughfare Plan Pole Green Road — Major Collector (100’ ultimate right-of-way)Suburban Service Area OutsideCase Planner Gretchen W. Biemot

Executive Summary

This is a request to rezone to AR-6(c), Agricultural Residential District with conditions, to permit thecreation of five (5) lots. As part of this development, Knight Drive, which provides access to theproposed subdivision, must be upgraded to the County’s private road standards.

Recommendations

Staff

APPROVAL subject to the submitted proffers, dated February 1, 2017.

Planning Commission

APPROVAL subject to the submitted proffers, dated February 1, 2017.

Planning Analysis

The applicant has submitted a conceptual plan showing the 34.0 acre subject parcel to be divided intofive lots, which range in size from 5.03 acres to 8.24 acres. Staff would note that this is the maximumnumber of lots that could be created on the parcel under the AR-6 zoning district. Lot 4 contains anexisting dwelling and accessory structures. The conceptual plan demonstrates that all existingstructures meet setback requirements from the proposed property lines. Access to each lot is shown tobe provided by Knight Drive, an existing private road. Private roads that provide access to 5-31 lotsmust be upgraded to the County’s private road standards through the subdivision process. Should thisrezoning application be approved, the applicant must submit a subdivision construction plan and platapplication for review and approval that is in substantial conformity with the proffered conceptualplan.

This application for AR-6 zoning for five lots is consistent with the Agricultural land use designationin the Comprehensive Plan and should have little impact to the existing rural residential character ofthe area.

Population IncreaseGeneral Population 5 units x 2.69 (avg. persons per household) = 13 personsSchool Children 13 persons x 20% (avg. % of children per pop.) = 3 children

School Enrollment and Forecasts*

Schools Affected Capacity 2016 Enrollment 2017 2018Pole Green Elementary 896 616 608 620Oak Knoll Middle 1,184 931 920 910Hanover 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 accommodateemergency 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 substantialconformity 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 inaccordance with the Major Thoroughfare Plan.

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4. Foundations. Accept. The applicant has proffered materials to be used in house foundationswithin the subdivision.

5. Road Width. Accept. In accordance with the Fire Marshall’s Office recommendations as notedabove, the applicant has agreed to upgrade the road to a 20’ minimum travel surface width onKnight Drive to accommodate emergency vehicles. A proffer is necessary because theSubdivision Ordinance requires oniy an 18’ wide travel surface. Planning staff is working withthe Fire Marshall’s Office to prepare an ordinance amendment to eliminate the discrepancybetween the State Fire Code and Subdivision Ordinance requirements.

6. Access. Accept. Access will be provided by Knight Drive only, and direct access to Pole GreenRoad will not be permitted.

Planning Commission Recommendation

At their meeting of January 19, 2017, the Hanover County Planning Commission, on a motion byMr. Bailey, seconded by Mr. Hadra, voted to recommend DENIAL as submitted but APPROVAL ofthe request to rezone to AR-6(c), Agricultural Residential District with conditions, onGPLN 8745-09-4726, consisting of approximately 34.0 acres, subject to revisions to the proffers. TheCommission 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 recommendedchanges.

GJWB/HTE

Attachments Available Upon RequestE Maps (land use, vicinity, zoning, aerial) E Agency Review CommentsE Historical Commission Recommendation LI County Traffic Study — Full CopyLI County Traffic Study — Exec. Summary LI Application — full CopyE Application Materials LI 527 Traffic Study — Full CopyLI 527 Traffic Study — Exec. SummaryLI Citizen CorrespondenceLI PhotographsE Proffers/Elevations/Conceptual PlanE Ordinance

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 6Lynda M. & Hoi H. Ngai

Agricultural Land Use

GPIN: 8745-09-4726

Henry Magisterial District

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1 inch = 800 feetNovember08, 2016

Hanover County,Virginia

General Parcel Map

Legend

Roads

Water

Trees

Private Road

Structures

Parcels

C-22-1 6

Lynda M. & Hoi H. Ngai

Rezone A-I to AR-6

GPIN: 8745-09-4726

Henry Magisterial District

1 inch = 800 feetNovember08, 2016

Hanover County,Virginia

Zoning Map

Legend

Roads

Water

Private

Parcels

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C-22-J 6

Lynda M. & Hal H.

GPIN: 8745-09-4726

Henry Magisterial District

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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 15.2-2204; 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 HanoverCounty that the Zoning Ordinance and the Zoning District Map of this County areamended (with conditions) by the rezoning of the property described asGPIN 8745-09-4726, consisting of 34.0± acres, located on the north line of Pole GreenRoad (State Route 627) at its intersection with Knight Drive (private road), (a detaileddescription 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 conditionswhich 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 theconceptual plan titled, “Zoning Amendment for Windsor Estates,” datedNovember 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 beremoved with the exception of dead or diseased trees or parts thereof This shall notprevent 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-of-way from the centerline of Pole Green Road (State Route 627) to the property for thefuture road widening, free of cost to the County, upon request of the County or VDOT.

4. Foundations. Exterior of all foundations shall be of brick or stone unless the residence isconstructed 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 bepermitted for the finished exterior of any structure.

5. Road Width. In addition to the private road standards outlined in Section 25-57 of theSubdivision Ordinance, Knight Drive shall be constructed to a minimum travel surfacewidth of twenty (20) feet from Pole Green Road to the northern line of the property, inaccordance with the Statewide Fire Prevention Code.

6. Access. Access to Lot 1 shall be provided by Knight Drive (private road). No directaccess 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:

Vote:

Angela Kelly-WiecekSean M. DavisWayne I. HazzardW. Canova Peterson, IVFaye 0. PrichardAubrey M. StanleyScott A. Wyatt

Public Hearings:

Planning Commission January 19, 2017

Board of Supervisors March 22, 2017

Adopted March 22, 2017

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 / ClerkHanover County Board of Supervisors

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