Item Coversheet

Spotsylvania County
Board of Supervisors Agenda
Executive Summary




Meeting Date:
JuneĀ 15, 2017
Title:
Vote - R16-0004 Catherine T. Neale and Rebecca T. Acors (Thorburn Estates), RO16-0004 (Chancellor District)

Type:
Action, Resolution, Ordinance, Power Point Presentation
Agenda Title:
Vote - R16-0004 Catherine T. Neale and Rebecca T. Acors (Thorburn Estates), RO16-0004 (Chancellor District)
Recommendation:

The Planning Commission held a public hearing on January 4, 2017 and on a motion made by Mr. Newhouse, seconded by Mr. Smith voted 7-0 to recommend approval of the amended proffer statement dated December 8, 2016.

 
Staff recommends the Board approve RO16-0004 with the proffered conditions dated May 24, 2017.
Summary:

The applicant requests a proffer amendment to an approved rezoning R14-0008 Catherine T. Neale and Rebecca T. Acors (Thorburn Estates) which rezoned approximately 171 acres from Rural (RU) to Residential 2 (R-2) with proffers for a maximum of a 59-lot subdivision of single-family, detached units with a minimum of 2800 finished square feet. The first requested amendment would extend the deadline to either complete the proffered off-site transportation improvements at the intersection of Chancellor Road and Old Plank Road or provide a cash contribution to the County in the amount of $971,664.00. The second requested amendment removes all trails from the development.

 

At the Board’s May 23rd meeting, the applicant presented revisions to the proffers which addressed staff’s concerns related to the construction timeline and the lack of cash payment guarantees should the construction not be completed.  the case was continued to the Board's June 15, 2017 meeting. The case was continued to the Board's June 15, 2017 meeting as required by Code to allow time for the County Attorney's office to review the proposed revisions and approved them as to form.

Committee/Commission Summary:
Planning Commission
Review Date:
1/4/2017
Status:Approved
Financial Impact:
N/A
Staff Contacts:
Kimberly Pomatto, Planner II
Legal Counsel:
Alexandra Spaulding, Esq., Senior Assistant County Attorney
Additional Background/Other Considerations:

At the Board’s meeting on May 23rd, staff was asked to confirm if additional landscaping adjacent to the development had been addressed with the proffers and/or GDP.  It is staff’s understanding the adjacent property owner agreed to install plantings within a landscape easement to be provided within the development to accommodate the plantings. A proposed 20’ landscape easement adjacent to TM #21-A-96D is identified on the approved preliminary plat for Thorburn Estates.  Since the easement is identified on the preliminary plat, the County will not approve a site plan or record plat without the recordation of said easement. 

Consequence of Denial/Inaction:
The property may develop as permitted by the approved rezoning R14-0008.
ATTACHMENTS:
File NameDescriptionType
BOS_6-15-2017_Staff_Report_-_R16-0004_Thorburn_Proffer_Amendment.pdfStaff ReportStaff Report
BOS_Presentation_6-15-17_-_Thorburn_Proffer_Amendment.pdfPresentationPresentation
Executed_Proffers_Dated_5-24-17.pdfApplicant's ProffersAgreement
Applicant_s_Narrative.pdfApplicant's NarrativeBackup Material
GDP_4-3-17.pdfGeneralized Development PlanGDP
Planning_Commission_Minutes_1-4-17.pdfPlanning Commission MinutesMinutes
Draft_Ordinance_RO16-0004.docxApproval OrdinanceOrdinance
Denial_Resolution_R16-0004.docDenial ResolutionResolution