Owner/Applicant:                                                                        Board Meeting Date:

Douglas and Sharon Darling                                                           April 21, 2003

Staff Lead:                                                                                     Department:

Robert C. Counts                                                                        Community Development        

Magisterial District:  Marshall                                                        PIN(s):

Service District: Marshall                                                                6969-47-7043-000

                                                                                        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 Main Street (Route 55/17), south of its intersection with Manor Drive in the Marshall Service District.    


The subject property is approximately eighteen (18) acres in size and is zoned Residential (R-2) and Commercial Neighborhood (C-1).

Adjacent Zoning/Land Use:

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.

Topic Description:

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 Analysis:

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.

Comprehensive Plan

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.

Zoning Considerations

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. 

Analysis 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 11-11-02 Marshall Service District Plan shows the back of the Subject Property as a preservation area.  The layout and open space as configured are in compliance with the DRAFT plan.  The location of the preservation area is shown on the Special Exception Plat.

Summary and Planning Commission Recommendation:

The Planning Commission approved the companion Preliminary Plat (PP03-M-19) on February 27, 2003 . The public hearing on SE03-M-19 was scheduled for that same evening, but was postponed until March 13, 2003 . The hearing was conducted on that date and based on public testimony and the preceding analysis, the Planning Commission concluded that SE03-M-19 meets the standards for open space reduction provided in Article 5-2701 of the Zoning Ordinance.

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.


1.      Special Exception Plat

2.      Resolution