98SN0271.PDFAugus; 18, 1998 CPC
September 23, 1998 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
98SN0271
Chesterfield County Plarming Commission
Matoaca Magisterial District
East line of Bailey Bridge Road
REOUEST:
Amendment of a previously granted rezoning (Case 89SN0287) to delete a
requirement for the dedication of land. In lieu of the dedication, the property
owners have offered cash payment to the County to address the impact on school
and park facilities.
PROPOSED LAND USE:
A single family residential subdivision is planned pursuant to previous conditions
of zoning approval for Case 89SN0287.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reason:
Prior to the development of Bayhill Pointe Subdivision, the County acquired land and
developed elementary, middle and high schools and associated sports facilities adjacent to
and in the vicinity of the request site. While the property owners are prepared to dedicate
the school/park site per the proffer, the site is not currently needed. In lieu of the
dedication, the developer has agreed to make a cash payment to the County to address the
impact on school and park facilities consistent with the original agreement.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITION
(STAFF/CPC)
The developer, subdivider, or assignee(s) shall pay $130,000 to the County
of Chesterfield. Payment shall be made in two installments, the first being
in the amount of $65,000 to be paid prior to January 1, 1999. A maximum
of 180 lots shall be permitted to be recorded prior to January 1, 1999,
unless the fu:st payment described herein in made. The second installment
shall be in the amount of $65,000 to be paid prior to January 1, 2000. A
maximum of 250 lots shall be permitted to be recorded prior to January 1,
2000, unless the full payment described herein is made. The payments will
be prorated such that $106,095 will be used for school capital
improvements and $23,905 will be used for park capital improvements.
GENERAL INFORMATION
Location:
Fronts in two (2) places on the east line of Bailey Bridge Road, the north and south lines
of Battlecreek Drive and is located at the intersection of these roads. Also located at the
northern terminus of Hillcreek Drive and the eastern terminus of Battlecreek Drive. Tax
ID 736-670-6899; 739-671-2213; 739-699-0111; and 740-668-0249 (Sheet 20).
Existing Zoning:
R-12
Size:
286.2 acres
Existing Land Use:
Vacant
Adjacent Zoning & Land Use:
North - R-9; Public/semi-public (Manchester High and Bailey Bridge Middle Schools)
South - R-15 and A; Single family residential or vacant
East - A; Single family residential or vacant
West - A; Single family residential or vacant
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98SN0271/WP/SEPT23K
UTILITIES
Use of the public water and wastewater systems is required by Proffered Condition 2 of Case
89SN0287. The proposed deletion of Condition 4 requiring that twenty-one (21) acres be
dedicated to Chesterfield County for a School or Park will not impact the required use of the
public water and wastewater systems.
Drainage and Erosion:
ENV~
The requested amendment will have no impact on these facilities.
PUBL~
Fire Service:
Considering the nature of this request, it will not affect the number of emergency calls lbr
fire and rescue services.
Schools:
This development will have impact on area schools. The applicant has agreed to
participate in the cost of providing for area school needs. (Proffered Condition)
Parks and Recreation:
The Public Facilities Plan identifies the need for two (2) new regional parks. In addition,
there is currently a shortage of community park acreage in the northern area. The Public
Facilities Plan identifies a need for 120 acres of community park space by 2015. The
property owner has offered measures to assist in addressing the impact of this proposed
development on these facilities. (Proffered Condition)
Transportation:
The requested amendment will have no impact on the existing transportation network.
Financial Impact on Capital Facilities:
The proposed amendment has no greater impact on capital facilities than what was identified
at the time of the original zoning since there is no increase in allo~vable dwelling units. At
the time of approval of Case 89SN0287, staff identified an impact on capital facilities
resulting from that request. At that time, the County did not have the authority to receive
3 98SN0271/WP/SEPT23K
cash proffers to address the impact on schools and parks, a proffer was accepted which
required the dedication of twenty-one (21) acres to be used for schools or parks, exclusively.
Given that the original zoning was not subject to cash proffers at the time of its
submission, the full impact of this development on capital facilities cannot legally be
addressed.
The amended proffer essentially converts the value of the land which was to be dedicated for
school and park use, exclusively, into cash payments for use by the Schools and Parks and
Recreation Departments for capital improvements. The payment can only be used by schools
and parks because of the original proffer. The cash value of the land dedication represents
a fair value and was arrived at through a negotiated effort. Two (2) key considerations in the
negotiations were: (l) the current assessed value; and (2) the amount of developable acreage
being less than the 21 acre total. The amended proffer addresses the impact that was
calculated at the time of the original zoning and is at least equal to or less than the current
impact that the development will have on schools and parks. The language as proffered is
acceptable. (Proffered Condition)
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential development of 1 to 5 acre lots, suited for R-88
zoning.
Area Development Trends:
The subject property was zoned and is being developed as part of Bayhill Pointe
Subdivision. Adjacent property to the north is occupied by Manchester High School.
Property to the south is zoned Residential (R-15) and has been developed as Reedy Mill
Subdivision. Adjacent properties to the east and west are currently zoned Agricultural (A)
and are either vacant or occupied by single-family residences on large, acreage parcels.
It is anticipated that single-fhnfily residential development trends will continue in the area.
_Zoning History:
On November 22, 1989, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved the rezoning of the subject property (Case
89SN0287). With the approval of Case 89SN0287 proffered conditions were accepted,
including one which required the dedication of twenty-one (21) acres of land to
Chesterfield County for school or park use.
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98SN0271/WP/SEPT23K
C..Q_O_~NCLUSIONS
The original rezoning request was filed prior to the County's ability to accept cash proffers.
However, the applicants proffered the land dedication as a means of addressing the impact of the
proposed development on school and park facilities. Prior to the development of Bayt~ll Pointe
Subdivision, the County acquired land and developed elementary, middle and high schools, and
associated sports facilities adjacent to, and in the vicinity of, the request site. While the property
owners are prepared to dedicate the school/park site per the proffer, the site is not currently
needed. In lieu of the dedication, they have agreed to make a cash payment to the County.
(Proffered Condition)
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Conm~ission Meeting (8/18/98):
The property owner accepted the recommendation. There was one (1) person present who
expressed concern that the proffered condition failed to address the impact on capital
facilities.
On motion of Mr. Marsh, seconded by Mr. Cunningham, the Conmfission recommended
approval of this request and acceptance of the proffered condition on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, September 23, 1998, beginning at 7:00 p.m., will take
under consideration this request.
5 98SN0271/WP/SEPT23K
98SN0271
2O
?
ZONING
98SN0271
In Matoaca Magisterial District, THE CHESTERFIELD COUIgTY
PLAiglgING CO~ISSION requests amendment to a previously
granted rezoning (Case 89SN0287) to delete a requirement for
the dedication of land. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for residential use of 1 to 5 acres lots, suited to R 88
zoning. This request lies in a Residential (R 12) District
on 286.2 acres fronting in two (2) places for a total of
approximately 600 feet on the east line of Bailey Bridge
Road, also fronting the north and south lines of Battlecreek
Drive and located at the intersection of these roads, the
northern terminus of Hillcreek Drive, and the eastern
terminus of Battlecreek Drive. Tax ID 736 670 6899; 739
671 2213; 739 699 0111; and 740 668 0249 (Sheet 20).
Mr. Jacobson presented a summary of Case 98SN0271 and stated
that the Planning Commission and staff recommend approval
and acceptance of one proffered condition.
Due to someone being present to speak to the request, the
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98 689
request was placed in its normal sequence on the Agenda.
9/23/98
98 690
98SN0271
In Matoaca Magisterial District, THE CHESTERFIELD COUNTY
PLAiFNING CO~ISSION requests amendment to a previously
granted rezoning (Case 89SN0287) to delete a requirement for
the dedication of land. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for residential use of 1 to 5 acres lots, suited to R 88
zoning. This request lies in a Residential (R 12) District
on 286.2 acres fronting in two (2) places for a total of
approximately 600 feet on the east line of Bailey Bridge
Road, also fronting the north and south lines of Battlecreek
Drive and located at the intersection of these roads, the
northern terminus of Hillcreek Drive, and the eastern
terminus of Battlecreek Drive. Tax ID 736 670 6899; 739
671 2213; 739 699 0111; and 740 668 0249 (Sheet 20).
Mr. William Poole, Assistant Director of Planning, presented
an overview of Case 98SN0271 and stated that the Planning
Commission and staff recommends approval and acceptance of
the proffered condition.
Mr. George Beadles expressed concerns relative to the large
number of subdivisions being built and the need for
appropriate locations for communications tower sites. He
stated that he feels if the subject property was an
acceptable tower site, it would be financially irresponsible
for the County to sell the property for only $130,000 rather
than retaining the property and gaining steady income from
having a tower located on the property.
Mr. Poole stated that this request was filed prior to the
County having the ability to accept cash proffers, but the
County did have the ability to accept a proffer requiring
dedication of land. He further stated that subsequent to
the property being zoned, and prior to it being subdivided,
the County had an opportunity and a need to build a school
elsewhere in the community and, therefore, there is no need
today for school or park use of the subject property. He
explained that for this reason staff has recommended that
the property not be used for school or park purposes, but
rather accept a cash proffer in lieu of the dedication. He
stated that the County will still receive cash that can be
used for school or park purposes. He noted that there is a
Virginia Power transmission line which transverses the
property and that the line would be a good site for a
communications tower.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the
Board approved Case 98SN0271 and accepted the following
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98 702
proffered condition:
The developer, subdivider, or assignee(s) shall pay $130,000
to the County of Chesterfield. Payment shall be made in two
installments, the first being in the amount of $65,000 to be
paid prior to January 1, 1999. A maximum of 180 lots shall
be permitted to be recorded prior to January 1, 1999, unless
the first payment described herein in made. The second
installment shall be in the amount of $65,000 to be paid
prior to January 1, 2000. A maximum of 250 lots shall be
permitted to be recorded prior to January 1, 2000, unless
the full payment described herein is made. The payments
will be prorated such that $106,095 will be used for school
capital improvements and $23,905 will be used for park
capital improvements.
Ayes: Humphrey, Warren, Barber, Daniel, and McHale.
Nays: None.
9/23/98
98 703