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16SN0570 CASE NUMBER: 16SN0570 APPLICANT: Douglas R. Sowers CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: MIDLOTHIAN 1500 County Line Road AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: MARCH 9, 2016 BOS Time Remaining: 365 DAYS Applicant’s Contact: DOUGLAS R. SOWERS (804-794-0837) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANT’S REQUEST Rezoning from Residential (R-12) to Agricultural (A). The applicant proposes to divide the property to create two (2) buildable parcels that would each accommodate a single-family dwelling. An existing and proposed dwelling would be located on individual parcels. A recorded conservation easement would continue to limit development potential on the property. Notes: A.The only condition that may be imposed is a buffer condition. The property owner may proffer conditions. B.A proffered condition is located in Attachment 1. RECOMMENDATION PLANNING RECOMMEND APPROVAL COMMISSION (2/16/2016) RECOMMEND APPROVAL Complies with Comprehensive Plan Conservation easement precludes Residential (R-12) single- family subdivision development STAFF Prior to Planning Department approval of any subdivision, conservation easement “Holder” must submit acknowledgement and approval of subdivision Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue PLANNING - BUDGET AND - MANAGEMENT FIRE - PARKS AND - RECREATION LIBRARIES - SCHOOLS - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING REVITALIZATION - 216SN0570-2016MAR9-BOS-RPT 316SN0570-2016MAR9-BOS-RPT Map 2: Comprehensive Plan Classification: CONSERVATION/RECREATION The designation suggests the property is appropriate forproperty to be preserved or promoted for its natural function, character or historical significance. This designation includes federal, state and county parklands, and privately owned land held in voluntary or private trust. Map 3: Surrounding Land Uses & Development County Line Road Single-family residential Railroad Vacant Mt. Hermon Road Light Industrial 416SN0570-2016MAR9-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Rezoning from Ato R-12 of 89.2 acres to permit single- family residential uses Approved Density limited to a maximum of 2 dwellings per o 05SN0235 (10/24/2007) acre Requirement to connect to public water and o wastewater PROPOSAL A parcel division to permit two (2) single-family dwellings is proposed. The parcel would be divided into two (2) parcels; one would contain an existing dwelling while the other would permit a new single-family dwelling. CONSERVATION EASEMENT The property is subject to a conservation easement held by North American Land Trust (“Holder”), which was recorded on November 10, 2011. Restrictive covenants for the conservation easement precludethe development of a traditional Residential (R-12) single-family subdivision. Therefore, the applicant requests to rezone the property to Agricultural (A) to remove previous conditions of zoning associated with a Residential (R-12) single-family subdivisionand permit the division of the property per the bulk requirements of the Agricultural (A) District. The conservation easement’s restrictive covenants establish a number of “reserved rights”for the property owner. One of these “reserved rights” is the ability to add a second “Building Area”, which would accommodate a single-family dwelling. A maximum of two (2) “Building Areas” are permitted on the request property. To ensure that the conservation easement “Holder” approves any future parcel division, the applicant has proffered a condition which requires documentation be submitted to the Planning Department prior to the County’s approval and recordation of any subdivision plat on the property. The following chart provides an overview of the applicant’s proffered condition: General Overview Requirement Details Prior to any subdivision plat approval, documentation would be required from the conservation easement Approval from “Holder” of “Holder” that acknowledges their approval of the Easement Agreement subdivision and any additional building area for a dwelling Proffered Condition 516SN0570-2016MAR9-BOS-RPT FINANCIAL IMPACT ON CAPITAL FACILITIES Budget and Management Staff Contact: Natalie Spillman (804-717-8767) spillmann@chesterfield.gov On October 24, 2007, the Board of Supervisors approved zoning case 05SN0235 to rezone the requested property from Agricultural (A) to Residential (R-12), with a density of approximately 178 dwelling units. At the time the maximum cash proffer in place was $15,600 per dwelling unit; the case was approved with a cash proffer of $15,600 per unit. The current amount for that cash proffer has escalated to $21,186 per unit. If approved as requested, case 16SN0570 would relieve the applicant of $3,771,108 in cash proffers. In November 2011, the applicant recorded documents to dedicate the land in a conservation easement. Per the conservation easement, the property is limited to a maximum of two (2) dwelling units. In addition, the applicant has proffered to provide an approval letter from the conservation easement holder to acknowledge and approve the creation of any new parcels. The circumstances relevant to this case, as presented by the applicant/owner, have been reviewed, and it has been determined that the proposed zoning will result in minimal impact on capital facilities. 616SN0570-2016MAR9-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov This request will have minimal impact on fire and EMS. Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Midlothian Fire Station, Company Number 5 EMS Facility The Forest View Volunteer Rescue Squad PARKS AND RECREATION Staff Contact: Brian Geouge (804-318-8720) geougeb@chesterfield.gov The Parks and Recreation Department offers no comment on this case. LIBRARIES Staff Contact: Jennifer Stevens(804-751-4998) stevensj@chesterfield.gov Libraries offers nocomment on this case. SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net Schools offers no comment on this case. 716SN0570-2016MAR9-BOS-RPT COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT Land Use Regulations Traffic Impact Analysis (24VAC30-155) Access Management (24VAC30-73) Subdivision Street Acceptance (24VAC30-91/92) Land Use Permit (24VAC30-151) Summary VDOT has no comment on this request. WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov Theproposal’s impacts on the County’s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing LineConnection Required by County Code? Serviced? Water No 24”No Wastewater No 42”No 816SN0570-2016MAR9-BOS-RPT Map 5: Existing Water & Wastewater Systems Additional Information: Public water is located 13,700 feet from property line. Public wastewater is located 10,500 feet from property line. The request will not impact the public water and wastewater systems. 916SN0570-2016MAR9-BOS-RPT ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov Stormwater Issue Discussion/Conditions Property is located within the Upper Swift Creek Watershed. Northern half of the property drains to an unnamed tributaryto Geography Swift Creek. Southern half of the property drains directly into Swift Creek. Environmental A Natural Resources Inventory (NRI) is required prior to any future Issues subdivision of the property. REVITALIZATION Staff Contact: Carl Schlaudt(804-318-8674) schlaudtc@chesterfield.gov The subject site is not located in a revitalization area. The Revitalization Office has no comment on this proposal. 1016SN0570-2016MAR9-BOS-RPT CASE HISTORY Applicant Submittals 11/10/15 Application submitted 1/4/16 Proffered condition was submitted Planning Commission Meeting 2/16/16Citizen Comments No citizens spoke to this case Commission Discussion Support for request at community meeting Significant reduction in number of potential dwellings Recommendation - APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION IN ATTACHMENT 1 Motion: Jones Second: Freye AYES: Wallin, Sloan, Freye, Jackson and Jones The Board of Supervisors on Wednesday, March 9, 2016, beginning at 6:30 p.m., will consider this request. 1116SN0570-2016MAR9-BOS-RPT ATTACHMENT 1 PROFFERED CONDITION Note: “STAFF/CPC” – Recommended by both staff and Planning Commission (STAFF/CPC) Prior to any subdivision plat approval, an approval letter from the conservation easement holder (“Holder”) shall be submitted to the Planning Department to verify that the Holder acknowledges and approves of any subsequent subdivision and additional building area(s) created on any new parcel(s). 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