HEARING AGENDA REQUEST
Board Meeting Date:
Douglas and Sharon Darling
Robert C. Counts Community Development
6969-47-3414-000 (portion of)
A Resolution to Approve SE03-M-19: A Category 27 Special Exception to Allow a Reduction in Required Common Open Space in the Cannon Ridge Subdivision, Douglas and Sharon Darling, Applicants
The property is on the
southeast side of
The subject property is approximately
eighteen (18) acres in size and is zoned Residential (R-2) and Commercial
Adjacent properties to the east and
west are Residential (R-4), and to the north Commercial Neighborhood
(C-1). Interstate 66 borders
the property to the south.
The applicant is also seeking preliminary plat approval to subdivide approximately 17.7 acres into thirty (30) single-family residential lots ranging in size from 10,010 to 35,013 square feet, plus a residue parcel of 8.05 acres, representing approximately forty-four (44) percent of the site as common open space. Approval of the Subdivision is dependent on the approval of this companion application (SE03-M-19) filed under Section 5-2700 of the Zoning Ordinance to obtain a reduction in required open space [refer to the Consent Agenda].
Action Requested Of
The Board Of Supervisors:
The Board of Supervisors is requested to conduct a public
hearing and take action on SE03-M-19. An approval resolution is included (Attachment
2) for consideration.
This request is a companion to PP03-M-19, the Cannon Ridge
Preliminary Plat previously approved by the Planning Commission and is
included on the Board of Supervisors Consent Agenda. Since the Preliminary
Plat is dependent upon this Special Exception, approval of SE03-M-19 will
finalize the approval process for both the Preliminary Plat. Conversely,
if the Board chooses to deny SE03-M-19, such action will negate the
approval of the referenced Preliminary Plat.
Staff and appropriate referral agencies have reviewed this
request for conformance with the Comprehensive Plan, the Zoning Ordinance,
and other relevant policies and regulations. Staff and referral agency
findings, comments, and recommendations are summarized below.
The subject property is located in the Marshall Service
District in an area designated for medium and high-density residential
growth. A small portion of the
property lies within a Commercial Main Street Neighborhood area.
The proposed division reflects development that is in accordance
with the Comprehensive Plan and is consistent with the density and
character of surrounding properties.
A small portion of the property is
zoned Commercial Neighborhood (C-1), generally a town center district
designation that allows neighborhood commercial activities and some
residential uses. The greater
part of the property is zoned Residential (R-2), which is intended to
promote and maintain single family residential communities, planned unit
development at similar densities, and non-residential uses consistent with
the density, size and character of the residential district.
The proposed division of approximately eighteen (18) acres into
thirty-one (31) single-family residential lots of ± 1.0 and 1.56 acres as
a Residential (R-2) cluster with a companion Special Exception application
for a reduction in the required fifty (50) percent open space, conforms to
those uses appropriate to Village zoning.
of the Special Exception Request
In the R-2 zoning
district, when a lot is proposed for subdivision using the cluster
provisions of Article 3, a minimum of fifty (50) percent of the gross site
area shall be placed in open space, unless a special exception satisfying
the standards of Section 5-2701 is approved.
As shown on the
attached Special Exception Plat (Attachment 1), the subject
property consists of approximately18 acres. Under the cited requirement,
the proposed subdivision would require 9.0 acres of common open space. The
applicant is requesting a reduction in the open space requirement from 50%
to not less than 44%. This reduction would provide the development with a
minimum of 7.92 acres of common open space.
Article 5-2701 of
the Zoning Ordinance provides the Standards for Reduction of Common Open
Space. With respect to the
requested Special Exception, the applicable provision stipulates that in
any zone, the percentage of the gross site area required as common open
space may be reduced by the Board upon a determination that: “The
required amount is not necessary in order to establish neighborhood open
space for useable recreation space, accessibility, visibility and linkage
with other established or planned subdivisions, adjacent open space,
parks, schools or similar land uses.”
The lots in the proposed subdivision were clustered towards
the front 2/3 of the property for the purpose of leaving the back portion
of the property wooded and open. There
is an existing house, garage and shed on the property that has been placed
on its own lot. The community
has expressed the desire to retain the existing house.
In order to accomplish this objective the lot has been configured
so that the existing parking area, house and outbuildings can remain
intact with a buffer between the new lots.
The proposed open space reduction will still establish ample
open space areas for recreation. The
plan proposes two open areas (one behind lots 11 & 12, the other below
lots 25 thru 29) that could be used for recreation.
In addition, the plan shows a trail connecting these areas.
The remainder of the open space area is to remain wooded and will
provide a substantial buffer between the subdivision and Route 66.
The open space, as proposed, has the potential for
connecting with the Carter’s Crossing Subdivision.
The entire property line shared with Carter’s Crossing is to
remain in open space to facilitate connection if there is an open space
component in the Carter’s Crossing development.
Finally, The DRAFT
and Planning Commission Recommendation:
The Planning Commission approved the companion Preliminary
Plat (PP03-M-19) on
The proposed reduction of open space to 44% will not
preclude the provision of ample areas for active recreation; it provides for a connection of
open space with the adjacent Carter’s Crossing, should such a connection
be appropriate; it will retain the existing house as the community
requested, and preserve the area as indicated in the DRAFT 11-11-02
Marshall Service District Plan; and will present no conflict with the
other adjoining properties that were developed conventionally and do not
have common open space.
For these reasons, the Planning
Commission voted to forward SE03-M-19 to the Board of Supervisors with a
recommendation of approval.