01SN0135-NOV21.pdfNovember 21, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0134
and
01SN0135
Chesterfield County Board of Supervisors
and
Chesterfield Planning Commission
Matoaca Magisterial District
West line of Moseley Road
REOUEST: Conditional Use Planned Development to permit exceptions to the Zoning and
Subdivision Ordinance requirements.
PROPOSED LAND USE:
The consolidation of ten (10) illegal parcels into six (6) legal parcels, each
maintaining an existing single family dwelling, is proposed.
PLANNING COMMISSION RECOMMENDATION
THE COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON NOVEMBER 16,
2000. STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S RECOMMENDATION
AT, OR PRIOR TO, THE BOARD'S PUBLIC HEARING.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The Southern and Western Area Plan suggests the property is appropriate for rural
conservation area consisting of primarily agricultural and forestal uses, with
isolated single family residential development on parcels larger than five (5) acres
in area. With one exception, this proposal results in parcels five (5) acres or
greater in area. The proposed zoning is for the purpose of legalizing the existing
residential uses and parcels that do not currently comply with the Zoning and
Subdivision Ordinances.
B. The proposed zoning and land use are representative of existing area development.
The parcels comply with the criteria established to warrant exemption from the
requirements of the Subdivision Ordinance.
Through the Conditional Use Planned Development process and the imposition of
the recommended conditions, land use compatibility with area residential
development can be further ensured.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS.)
CONDITIONS
The parcels identified as A through D and F through G on the plat prepared by
Balzer and Associates, revised September 12, 2000 and entitled "Compiled Plat of
Several Parcels Lying North of Moseley Road", shall be recorded in conformance
with this plat.
Building permits shall not be issued on any individual parcel until such time as all
Tax IDs comprising such parcel have been combined and recorded as a single
parcel. Provided, however, that all parcels shall be reconfigured and recorded with
in six (6) months of the approval of this request. Parcels may, however, be
reconfigured from that shown on the plat provided such reconfiguration conforms
to the Zoning and Subdivision Ordinances. (P)
With approval of this request, a five (5) foot exception to the forty (40) foot
required side yard setback and a fifty-eight (58) foot exception to the required 150
foot front yard setback for the principal building located on Tax ID 689-679-6485
(Parcel A) shall be granted. Further, a seventy-one (71) foot exception to the
required 150 foot front yard setback for the principal building located on Tax ID
690-680-5496 (Parcel F) shall be granted. (P)
2 01SN0134&01SN0135/WP/NOV21J
GENERAL INFORMATION
Location:
West line of Moseley Road, north of Skinquarmr Road. Tax IDs 688-680-5190; 689-679-
3986 and 6485; 689-680-3654 and 8497; 689-681-2037; 689-682-3510; 690-680-5496 and
5980; and 690-681-0614 (Sheets 8 and 14).
Existing Zoning:
A
119.5 acres
Existing Land Use:
Single family residential or vacant
Adjacent Zoning and Land Use:
North - A; Single family residential
South - A; Single family residential
East - A; Single family residential or vacant
West - A; Vacant
UTILITIES
Public Water and Wastewater Systems:
The public water and wastewater systems are not available to serve the request parcels.
Private Wells and Septic Systems:
The Health Department must approve any new well or septic systems, or expanded usage
of any existing well or septic system.
The existing dwellings are served by individual wells and septic systems. The continued
use of these systems is acceptable to the Health Department. Should the reconfiguration
of any lot result in the location of any private system off-site of the property it serves, off-
site easements encompassing such well or septic system must be recorded.
3 01SN0134&01SN0135/WP/NOV21J
ENVIRONMENTAL
This proposal will have no impact on drainage, erosion or water quality.
PUBLI F
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the FY 2001-2005 Capital Improvement Program.
The impact of this development on these facilities is discussed herein.
Financial Impact on Capital Facilities:
The proposed request will result in no change in the number of existing dwelling units.
Accordingly, there is no new impact on fire, school, library and park facilities.
Transportation:
The Thoroughfare Plan identifies Moseley Road as a major arterial with a recommended
right of way width of ninety (90) feet. The property owners are unwilling to dedicate forty-
five (45) feet of right of way, measured f~om tl~e centerline of Moseley Road, in accordance
with that Plan.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for rural conservation uses consisting of primarily agricultural and
forestal uses, with isolated single family residential development on parcels larger than five
(5) acres in area. Specifically, new growth should be deferred until the public facility
infrastructure is available to support such development.
The subject property contains existing residential improvements on acreage parcels.
Area DevelopmentTrend~:
Adjacent properties along Moseley Road are zoned agriculturally and are developed for
residential uses or remain vacant. It is anticipated that until such time as public utilities
are available to support residential subdivision development, as suggested in the Plan,
agricultural uses and single family residences on parcels containing five (5) acres or greater
will continue in this area.
4 01SN0134&01 SN0135/WP/NOV21J
History_:
Originally part of a 131 acre tract, the original property owner made several legal parcel
divisions from the parent tract through a series of transactions beginning in the 1970's.
Once these lots were legally divided, building permits were obtained. Subsequent to
receiving a building permit for each parcel, the original owner illegally reconfigured or
divided the parcels. Such modifications resulted in parcels that no longer met the
requirements for residential use in an Agricultural (A) District nor the requirements of the
Subdivision Ordinance, to be exempt from the subdivision approval process. The original
owner subsequently sold each parcel, several of which were improved with dwellings, to
third parties who were unaware of the violations. Of the ten (10) parcels, nine (9) were
created by the aforementioned property owner. Of these nine (9) parcels, only two (2)
were legally created in conformance with the Zoning and Subdivision Ordinances (Tax IDs
689-682-3510 and 690-680-5980). A total of six (6) homes have been built on the ten (10)
parcels (Tax IDs 688-680-5190, 689-679-6485, 689-680-3654 and 8497, 689-682-3510 and
690-680-5496). Only two (2) of these homes are located on legal parcels (Tax IDs 689-
679-6485 and 689-682-3510).
The County recently became aware of these actions when a new owner applied for a
building permit to construct a garage and was denied because the parcel is illegal. As a
result of further research, the affected properties were identified. These subject property
owners are unable to build on their parcels or expand, replace or rebuild their existing
dwellings. Through the Conditional Use Planned Development process, exceptions to the
requirements of the Zoning Ordinance may be considered. Further, a parcel created in
violation of the Subdivision Ordinance may be exempted under certain circumstances from
the requirements of the Subdivision Ordinance as a condition of Conditional Use Planned
Development.
Zoning Ordinance Exceptions:
Several of the subject parcel owners own two (2) or more contiguous parcels. In
conjunction with this request, parcels will be combined and/or reconfigured, resulting ia
a maximum of six (6) parcels (Condition 1). Such parcels must comply with the standards
for Agricultural (A) Districts with respect to parcel area and width, public road frontage
and building setbacks, except as specified in Conditions 1 and 2. Condition 2 provides
exceptions to required building setbacks for two (2) dwellings that do not comply with
Zoning Ordinance requirements for Agricultural (A) Districts.
Subdivision Ordinance Exceptions:
To avoid obligating the subject parcels to satisfy normal Subdivision Ordinance
requirements, an exception to these standards is requested. Section 17-12 of the
5 01SN0134&01SN0135/WP/NOV21l
Subdivision Ordinance specifies the circumstances that must exist for such an exception to
be granted through the Conditional Use Planned Development process. Specifically, the
purchaser of such parcel was unaware that the parcel was created in violation of the
provisions of the Subdivision Ordinance; the property is zoned Agricultural (A); the
property is designated for rural conservation on the Comprehensive Plan; and a building
permit was issued at the time the parcel was legally configured.
As discussed herein, the subject parcels conform to this criteria.
The proposed zoning is for the purpose of legalizing the existing residential uses and parcels that
do not currently comply with the Zoning Ordinance. Further, the parcels comply with the criteria
established in the Subdivision Ordinance to warrant an exception to these standards. Through the
Conditional Use Planned Development process, ten (10) parcels will be consolidated into six (6)
parcels, resulting in no additional residential development on this propen'y. As such, this request
is consistent with the Southern and Western Area Plan which suggests deferred residential growth
in this area.
CASE HISTORY
Staff (10/30/00):
If the Planrfing Commission acts on this case on November 16, 2000, it will be considered
by the Board of Supervisors on November 21, 2000.
The Board of Supervisors, on Wednesday, November 21, 2000, beginning at 7:00 p.m., will take
under consideration this request.
6 01SN0134&01SN0135/WP/NOV21J
R-9
A
'N
500 0 500 1000 1500 2000 Feet
Cases #: ~i 01SN0134 &
~ 01SN0135
C.U.P.D.
Sheet #: 8 & 14
o15NOl2~4-1
01SN0134 AND 01SN0135
In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD
OF SUPERVISORS AND CHESTERFIELD PLAiTNING COMMISSION request
Conditional Use Planned Development and amendment of zoning
district map to permit exceptions to Zoning and Subdivision
Ordinance requirements. The density of such amendment will
DRAFT
11/21/00
00 775
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for rural conservation area use. This request lies in an
Agricultural (A) District on 119.5 acres fronting in four
(4) places for a total of approximately 1,150 feet on the
west line of Moseley Road, approximately 8,450 feet north of
Sklnquarter Road. Tax IDs 688 680 5190; 689 679 3986 and
6485; 689 680 3654 and 8497; 689 681 2037; 689 682 3510;
690 680 5496 and 5980; and 690 681 0614 (Sheets 8 and 14).
Mr. Jacobson presented a summary of Cases 01SN0134 and
01SN0135 and stated that the Planning Commission and staff
recommend approval subject to conditions.
Mr. Miller stated that he owns stock in two companies that
hold either mortgages or deeds of trust for two of the
properties involved in the subject case. He further stated
that Mr. Micas has informed him that his ownership interest
does not represent a conflict of interest and he is legally
permitted to vote on this case.
Mr. Kirk Turner, representing the applicants, stated that
the recommendation is acceptable. He noted that Mr. Oliver
'~Skitch" Rudy is present at the meeting, representing the
affected property owners.
When asked, Mr. Rudy stated that the property owners agree
with the Planning Commission's recommendation.
There was no opposition present.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the
Board approved Cases 01SN0134 and 01SN0135 subject to the
following conditions:
1. The parcels identified as A through D and F through G
on the plat prepared by Balzer and Associates, revised
September 12, 2000 and entitled '~Compiled Plat of
Several Parcels Lying North of Moseley Road", shall be
recorded in conformance with this plat.
Building permits shall not be issued on any individual
parcel until such time as all Tax IDs comprising such
parcel have been combined and recorded as a single
parcel. Provided, however, that all parcels shall be
reconflgured and recorded with in six (6) months of the
approval of this request. Parcels may, however, be
reconfigured from that shown on the plat provided such
reconfiguration conforms to the Zoning and Subdivision
Ordinances. (P)
2. With approval of this request, a five (5) foot
exception to the forty (40) foot required side yard
setback and a fifty eight (58) foot exception to the
required 150 foot front yard setback for the principal
building located on Tax ID 689 679 6485 (Parcel A)
shall be granted. Further, a seventy one (71) foot
exception to the required 150 foot front yard setback
for the principal building located on Tax ID 690 680
5496 (Parcel F) shall be granted. (P)
DRAFT
11/21/00
O0 776
Ayes: Warren, Humphrey, Barber, McHale and Miller.
Nays: None.
DRAFT
11/21/00
00 777