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75S207CASE NUMBER: 75S207 APPLICANT: Douglas R. Sowers December 10, 1975 (B.S.) REQUEST AND PROPOSED USE: The rezoning from Agricultural (A) to Resi- dential (R-7). It is intended that the parcel be developed for single family residential use. A proposed Tentative Plan (Shadybrook) will be reviewed by the Planning Commission at their Dec. 16, 1975 meeting. GENERAL LOCATION AND TAX MAP IDENTIFICATION: The parcel in question fronts the north line of Reams Road, northeast of Reams Elementary School and south of Pocoshock Creek. ACREAGE, EXISTING ZONING, EXISTING LAND USE (SUBJECT PARCEL): The parcel contains 52.5 acres. It is presently zoned Agricultural (A) and remains vacant and wooded. ADJACENT AREA, ZONING AND LAND USE: The majority of adjacent property is zoned Agricultural (A). However, property to the north and east is zoned Residential (R-7) and this area is typified by emerging single family development. Although the property to the north and east has been subdivided under the R-7 classification, lot sizes within these subdivisions are greater than the minimum lot sizes permitted under that zone. The subdivision of Shenandoah, Scotting- ham and Archway were developed with lot sizes approximating ½ acre or better. UTILITIES, SOIL PROFILE, DRAINAGE AND EROSION, REQUIRED OFF-SITE EASEMENTS: Public water and sewer is available and is feasible for use in this project. The Engineering Department indicates that this parcel may partially drain into sewer lines parallel to the south side of Reams Road; however, the depth of this line is questionable and it is recommended that the applicant contact the Engineering Department for specific information. It is indicated that soils on high elevations are well drained and gravelly with a clay sub-soil. Soils on steep side slopes have developed from weathered granite and are well suited for foundations and roadways. The parcel drains towards Pocoshock-Falling Creek and erosion control measures includ- ing silt basins will probably be necessary in order to protect the creek. If it is indicated that the parcel will drain entirely toward the creek, no off-site drainage easements will be required; however, an off-site sewer seasemen~ will be required. PUBLIC FACILITIES: Increasing single family deVelopment in this area will necessitate providing expanded public service facilities such as schools and libraries. TRANSPORTATION AND TRAFFIC: Primary access for development of this parcel will be from Reams Road. Generally speaking, reasonable sight distance exists along Reams at the southeastern portion Of the parcel; however, a severe curve to the west on Reams will necessitate special treatment. Upon subdivision approval right- of-way dedication will be required in order to provide for improve- ments along the road. (over) GENERAL PLAN: Single family residential develOpment of the area encompassing the parcel. STAFF ANALYSIS AND RECOMMENDATION: Planning Staff understands that past residential development in this area occurred primarily without the availability of public utilities; however, since a large per- centage of this development utilized lot sizes greater than the minimum required in the R-7'classification, Staff is of the opinion that to depart greatly from typical even lot sizes would not be in keeping with the overall single family development along Reams Road. EVEN WITH THE USE OF PUBLIC UTILITIES REZONING TO R-9 OR R-12 WOULD PERMIT REASONABLE DEVELOPMENT OF THE PARCEL WHILE AT THE SAME TIME PRESERVING THE MANNER OF DEVELOPMENT DESIRABLE FOR THIS AREA. CASE HISTORY AND PAST COMMISSION AND BOARD ACTION FOR THIS REQUEST C.P.C. 11-18-75: Commission resolved to recommend approval of the requested R-7 rezoning with the condition that minimum lot size not be less than 9,000 sq. ft. -2- ROAD ELEM. SCHOOl ,7' 75S207 /B-! A to R-7 Sheet 8 10833 Midlothian Pike Richmond, Virginia 23235 December 19, 1975 Board of Supervisors County of Chesterfield Chesterfield, Virginia 23832 Re: Rezoning - Parcel of L~nd Case No. 75S207 Gentlemen: On December 10, 1975, the Chesterfield County Board of Sapervisors met to discuss case number 75S207 concerning the rezoning of a parcel of land from Agricultural (A) to Residential (R-7). Verbal assurances were given at both the Board of Supervisors as well as the Planning Co~ission meeting that if an R-7 zoning were granted, we, the developers, would not take advantage of the minimum square footage allowances permitt- ed under that zoning. As requested by the Board of Supervisors, we do hereby agree in a letter form that none of the lots in the proposed development will be less than nine thousand square feet (9,000 sq. ft.) in area. Thank you very much for your flexibility and open-mindedness exhibited by your decision. DRS/nm G~or,e B. SO~e~., Sr., or his assign/s (~u'ohaser), second pa~ty. ,?,N E,s S.,,E Sellers hereby agree to give one hundred eighty three thousand severn hundred fifty dollors ($183,750.O0) based on the property con+~ining a minimun of 52.5 acres as described in section (B). The exact net usable acreage shall be determLued by a certified survey made b,v a certified surveyor selected ~r purchaser, whose principal place of busLness shall be in the Richmond, VLrgLuia metropolitau area and in the event ~h. contain, less than 52.5 acres (based on $3,500.00 per acre) the pmrchaa. price shall be reduced accordingly. The cost of the aforesaid .ux~ey .hall be borne by Purchaser. A. The purchase price shall be payable as follows: (2) 20% of the p~chase price in cash or certified ment, less earnest m~ey paid to Purchasers' agem%. The ~alance in five (5) con~ecmtive equal annual ir~tallme~ta of principal plus interest accrued on the unpaid principal balaue~ at the rate of eight per cent (8~) per o~ ',!.Lc~ fnst~,:l.lm, ents of principal ~nd interest shall be ~".', ~ ~ .~mdred an(i sixty-five (365) days aft~~ t. be date of settlement hereunder with each sub.se~luent installment being due and payable three husdred mixty-five (365) da~ after the immediately orecedtng payment. The aforementioned balance shall -2- be e~ic~*~c~u ~y F~'cnaser's negotiable promissory note and be secured by a ~,~rchase mc~ey deed of trust on all of the properS. B. ~_ro~9..rty: £he proper~y which i~ ~he subject of this cc~t~act consists of all tho~e cea~ain lots, pieces, or parcels of land, wit~; improvements tnere~n and aPpua'tenances thereunto belonEin~, located l~'~O plus feet or, R~ams Road, located bet~ee~ Courthouse Road and Providence Road. Attached map of approximately 52.2 acres of land situated in .W~idlothian District, Chesterfield County, ~irginia, surveyed at the request of A. H. Grove, June L~, 1945 by W. W. Laprade and Brothers Civil ~ineers, Richmond, VirEinia. ~fhe plat~ attac~ed hereto and made a part of this contract, sad outlL~ed in red ink show boundriea of the property being ~u~hased. C. D_~ed of Trust.._ The aforementioned deed of t~ust shall ~e to and/or conta~, among other provisioas, the foll~ing~ (1) Right of anticipation shall be reserwed ~.n whole or ~ at amy time and from time to time without penalty after the oaleudar year in which settlement is made he~. (2) Sellers agree, upon request of purchaser, in consid~rati~ of the do~n payment, to release from the lte~ of t~e money deed of trust ten a~d one half (10.5) acres ~ of the property. Lu addi$ion~ Purchaser shall be entitled $o desi~ate and have released from the lie~ of the 4ced of ~% one (i) acre sq%ua~e for each $3,500.00 pa/d ~ ~he of said note, and upon, the Purchaser s~bdiwiding all or portion of the proper'Qy into lots and recording ~ plat approved by the Count~ o£ Chesterfield O~mtys ¥i~u~a Purchaser shall, at its election fro~. time to tim~, ~ %o designates and have released from the 1/~ of t~e c~ ~ ~.~-~! cue ~tn~le-f~ami~v' residential sub4~v~iem lot fo~ ceeb $i,Z~.,~O p,~id ~ ~a~ prhu~ipa~ of s~;id note. ~I1 SlAch acreage anc~/or lots to ~e ~l~a~ed hereunder shall not~ until the release, preclude ~Llers from having access to a~ fro~ the proper%~ nc~ so rele~d to ~eams Road. The acrea~e shall ~e -3- released in accordamce with the aforemeatl~ed schmdmle regaz~- less of whether monies are paid by w,~ of aaticipat<m7 ps,meat or regular curtails, and all release instrmma~tm are to be prepaid and recorded by Purchaler at it~ axpem~e. _The ~.ot.e.holder and T~.~e~ agree that at the Pmrchaser, s rec~, and without the requirement of any additional pay~__ent, to Jot~ any subdivision plats, dedications, easements, utility agreems~tl, restrictive covenants, or other agreememts amd release from lien of the deed of trust all reqmirl~ streets, wide~ alleys, easements, dedications aud com~ a~eal inclm~e~ the foregoing a~ ma~ be required for the p~oper davelosmma% of property for residential purposes. (1) All prepaymants made umder the deed of trmlt Ihall a~pl~ the next installment or installments due thereunder. (2) In event of default, advertisement of a public fereclo~l~ sale shall be required three (3) times in ~ newspaper or having general circulation in the city or county in said property lies, and a private sale in lieu thereof expressly prohibited. Con, tie.ns: ~ettlement here~ader, at the Iole option of the ~urchaser, is subject to the following terms amd cc~diti~: Purchaser being able to obtain all required approvals for subdividing all of the property into Single-fatality resi~aatial subdivision lots and recording appropriate sub-division plat~ in accordance with all applicable req~irel~nts of t~e Oo~y of Chesterfield, Virginia, and all other applicable govern- mental authorities. ~ ~. property ~ being zoned R7 or anAch o~th. er sLugle-fa~w ~l~ll~ '~ ~"~ ~.~.~g c!assiflcatic~ ~ ~Arehlsar may select. ~'c~er shall bear the cost of rezoning the proper+~y se aforesaid and Sellers hereby consent to roach removing and agrle to Join in the signing of such documents as ma~ be aecestary or desirable to effect the zoning of or vacate any existing plats and streets on the propert~ and will in good faith cooperate with and assist the Purchaser in every respect to obtain such rezonlng, plat dedicati~n a~d street vacati~ i. it being understood that Sellers shall bear no part of the ~ cost thereof. ~ (3) Public water, sewer, stor~ drainage in s~fficient quanti~ ~ and capacity to serve Purchaser's proposed usage of the propert~ being available at we of the property liaes wit,s% the construction of any off-site t~provememts, pmmp cr lif~ i statices. 1 (h) The availability at one of the boundary .11~es of the prope~ without cost to Purchaser, of electrical power adequate t~ serve the property as developed. (5) This contract is contingent upon, Purchasers obtalatng ad~qma%e acquist_tion and development financing from a lem~diag ~ institution prior to settlement. Settlement shall be made at the offices of Smart and ~ c~ Ambassador Realty Company, within fort~-five ds~s after all coatingencies are satisfied and title cs~ be examined and papers prepared and emecuted, allo~ing a readable time to correct any title object£o~s, (2) Tames shall be prorated and possession given Purchaser as 0f~ the date of settlement, and Sellers agree that titl~ shALl he marketable and free and clear of all valid objections and that conveyance shall be made by general warranty deed with full ;~ii~}~ covenar, tm of title. All risk .of loss o~.~:,d~ ~t~hm~,.,~f~i~ ~..:-.,~.'~ty s~l! be u~ Sellers unt&! settl~.~ ~s mmAe ~ Access and ~gineering StUdies~ After the em~cution of this agree- ment, .~Archaser shall have full right of access to the p~opert~ and may, through its agents, inspect the property, cause boundary and toi~graphical surveys to be prepared, tmke soil samples, cc~duct Settlemen. t~:.~ -5- procuring cause of this agreement, and Sellers agree to ~pay /uubassador Realty Company and Alfred J. Dicktmson, Inc. in the event the contract is e~ercised and settler~mt is made:' hereunder~ an aggregate real estate co~mission for all services rendered of ten (10%) per cent of the purchase price. ~ Purchaser reserves the right to assign this Witness the follow~g signatures ..... ,%.. AlfrSd J. Dic~Pin~on~, Inc. / boring tests and conduct such other engineering investigations as the Purchaser may require. Brokerage:__ ~,~ The p~rties to this agreement acknowledge and agree that no agent, broker or finder has acted in Behalf of either of them im 'br:h~ging about this transaction other than Ambassador Realty' Company and Alfred J. Dickinson, Inc. Thes~ companies are the sole to any person, firm, partaership, or corporation prowidmd remains fully liable for the obligations undertaken by it herein. Execution This agreement has, been executed by Purchase~:o~ executed copies thereof to Purchaser on or before _ '~is agreement shall become null and void ~nd be of ,~. , _ ... Two Thousand Five this contract which is to be applied on the PUrChase p~ice or refunded if the title is~et contingenciep' ............ (seal) Reference ~o Paragraph E- Conditions. Sections (1), (2), (3), (q), (5). Purchasers are ~o execute this paragmaph and 5 sections listed within 6 months from date of this con~ract.