16SN0707
CASE NUMBER: 16SN0707
APPLICANT: David Bruce Allen
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MIDLOTHIAN
2609 Old Gun Road West
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
July 27, 2016
Applicant’s Contact:
DAVID ALLEN
(804-216-2008)
Planning Department Case Manager:
AMY SOMERVELL
(804-748-1970)
APPLICANT’S REQUEST
Request I: Exception to Section 18-60 of the utility ordinance for required connection to the
public water system in a Residential (R-40) District.
Request II:Exception to Section 18-60 of the utility ordinance for required connection to the
public sewer system in a Residential (R-40) District
A three (3) lot subdivision is planned. As proposed, two lots within the project would be serviced
by individual wells (and one lot by public water), and all three lots would be serviced by private
septic tanks.
Notes:
A.Conditions may be imposed.
B.Conditions acceptable to the applicant are located in Attachment 1.
RECOMMENDATION
REQUEST I – Exception to Public Water - RECOMMEND APPROVAL
REQUEST II – Exception to Public Sewer - RECOMMEND APPROVAL
Accommodates small development where mandatory utility connection
PLANNING
requirement is cost-prohibitive
COMMISSION
Conditions will accommodate future utility extension by others, and
(6/21/2016)
require utility connection for uses on the request properties upon
availability
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATIONS (CONTINUED)
REQUEST I – Exception to Public Water – PLANNING AND UTILITIES
RECOMMEND DENIAL
Adversely impacts the extension of public water to area properties
REQUEST II –Exception to Public Sewer
PLANNING RECOMMENDS APPROVAL
Established neighborhoods are located north of the subject
STAFF
property; development upstream is not anticipated
UTILITIES RECOMMENDS DENIAL
Adversely impacts the extension of sewer system to area properties
No limitations with topography and capacities, or conflicts with
utilities exist that would make the connection physically impractical
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SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
REQUEST I –Exception to Public Water
Failure to incrementally extend the public utility systems will
adversely affect:
publicutility service to area properties(currently using existing
PLANNINGAND
wells)
UTILITIES
ability to provide a loop connection extending to eastern
Silbyrd Drive which provides for a regulated pressure and flow
and for another water source should there be a water line
break
REQUEST II – Exception to Public Sewer
Sewer can be extended by gravity.
Extension of sewer would make sewer available to area
UTILITIES
properties.
No conflicts or limitations exist that would make the sewer
connections physically impractical.
FIRE-
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Map 2: Comprehensive Plan
Classification: LOW DENSITY RESIDENTIAL
The designation suggests the property is appropriate for 1.0 dwelling per acre
.
Map 3: Surrounding Land Uses & Development
Single-familydwellings
Wildwood Estates
Single-family dwellings
Silbyrd Drive
Vacant
Old Gun Road West
Hillanne – single
family dwellings
Robious Road
Single-family Dwellings
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PLANNING
Staff Contact: Amy Somervell (804-748-1970) petersonj@chesterfield.gov
ZONING HISTORY
Case Number ActionRequest
Three (3) lot subdivision approved on 12/16/15; however
Administrative
on 1/27/16 this approval was rescinded due to lack of
16CP0025Construction
utility connections
Plan
APPLICANT’S PROPOSAL
A three (3) lot subdivision known as Old Gun Trace is planned (Map 4). Lot 1 is proposed to be served
by public water, while Lots 2 and 3 would be served by a private well. All three (3) lots are proposed to
be served by private septic systems.
Map 4: APPLICANT’S PROPOSAL
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EXCEPTION TO MANDATORY WATER AND WASTEWATER CONNECTIONS
Section 18-60 of the County Code requires the use of public systems. An exception to the use of
public systems must be evaluated by the Directors of Utilities and Planning, the Planning
Commission, and subsequently by the Board of Supervisors. The decision of such exceptions must
be based upon the following criteria:
Would theuse of private systems encourage future area development inconsistent with
the Comprehensive Plan;and
Would the ability to extend the public system to other property be adversely affected.
COMPREHENSIVE PLAN AND FUTURE AREA DEVELOPMENT
Area Residential (R-40) zoning would yield a density consistent with the 1.0 dwelling per acre
suggested as appropriate by The Comprehensive Plan.(Map 2)
The subject property is surrounded by established neighborhoods such as Hillanne Subdivision,
recorded in 1978, and Wildwood Estates subdivision,recorded in 1967, as well as a few vacant
lots to the east bordering Silbyrd Drive. Developed properties in the area are servicedby public
water and individual septic tanks. One (1) largerparcel to the southeast containing16 acres
(12150 Robious Road) may have redevelopment potential givenits size. This parcel is located
closerto the existing sewer line (located at 2500 Hillanne Drive) and water line (located along
Robious Roadfrontage) than the subject property (Map 5). Otherwise, redevelopment in this
area is not anticipated.
Planning Recommendation
Water
Given the ability to extend service east from Old Gun Road to several lots along Silbyrd Drive
and to complete alooping water connection, as detailed in the Utilities Section of this report,
the Planning Department does not support relief to public water connection (Request I).
Sewer
Public seweris available to areas southeast of the request property where thepotential for
redevelopment exists. Relief to the use of public sewer should not impact property development
upstream. As condition, the extension of public sewer should be required when such line is
located within 200 feet of the subject property, with easements provided for the possibility of
this extension (Attachment 1). For these reasons, the Planning Department supports relief to
public sewer connection (Request II).
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
The proposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing Line Connection Required by County Code?
Serviced?
Water No 12” Yes
Wastewater No 8” Yes
Utilities Issues
This project was initially submitted 9/30/15 as a subdivision into three lots. Each lot was shown
on the plans to be served by on-siteseptic. One of the lots was to have a public water connection
and two of the lots to have private on site wells. Since the subdivision was submitted for
approval after March 12, 2014, Section 18-60 of the County Code requires connection to public
water and sewer.
Water:
The nearest water line is located on the west side of Old Gun Road. To serve the proposed lots, a
water extension of approximately 700-800 feet (dependent on actual alignment) would be
required. It would be necessary to cross Old Gun Road, likely by jack and bore. An 8-inch
waterline with a fire hydrant would be extended to provide water service and fire protection. It
may be possible to extend the waterline in the right-of-way of Silbyrd Drive, or an easement
could be granted through each of the three properties to be subdivided. By extending this water
line, public water would be made available to 12100, 12030, 12020, and 12021 Silbyrd Drive, and
could allow a loop connection to be extended to eastern Silbyrd Drive in the future.
Sewer:
The most viable option for a sewer extension would be to extend sewer approximately 1,900 foot
to the intersection of Hillanne Drive and Colchester Lane. Other options would require an
expensive crossing of Robious Road and acquisition of easements through existing
neighborhoods. It is possible for the sewer to be extended by gravity. An easement would be
required from 12150 Robious Road. This extension would make sewer availabletoseven existing
homes on Hillanne Driveand Fairlington Lane that do not currently have sewer and would also
allow for portions of 12150 Robious Road to be served as well as 12110 Robious Road. It is noted
that the owner of 12110 Robious Road has inquired about the requirement for connection to
water and sewer and if the sewer is extended this parcel would be within 200 foot of the sewer
and thus required to connect when the house is built.
The natural topography continues to ascend further to the west of the proposed subdivision,
which contains lots not currently served by public sewer. These lots are built out and new
development upstream is not anticipated.
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Map 5: Water & Wastewater Systems
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Utilities Recommendation
The Utilities Department recommends denial of the exception request to connect to public water
and sewer.
Viable options have been identified that could provide access to public water or sewer.
There are no limitations with topography, conflicts with utilities, capacity limitations or
other factors that would make the water and sewer connections physically impractical.
PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (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 Bon Air Fire Station, Company Number 4
EMS Facility The Bon Air Fire Station, Company Number 4
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CASE HISTORY
Applicant Submittals
4/6/16 Application submitted
Planning Commission Meeting
6/21/16Citizen Comments
No citizens spoke to this case.
Commission Discussion
Mr. Jones reflected on the costs shared by the Utilities Department for
the extension of the water and sewer lines to the request properties,
noting:
the mandatory connection requirement to accommodate the
three proposed lots was cost prohibitive, and
the applicant had performed due diligence prior to purchasing
the property, unaware of the mandatory connection
requirement.
Recommendation – APPROVAL OF REQUESTS I AND II SUBJECT TO
CONDITIONS IN ATTACHMENT 1
Motion: Jones Second: Sloan
AYES: Wallin, Sloan, Freye, Jackson and Jones
The Board of Supervisors on Wednesday, July 27, 2016, beginning at 6:30 p.m., will consider
this request.
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ATTACHMENT 1
CONDITIONS ACCEPTABLE TO THE APPLICANT
Note:
The following conditions were recommended by the Planning Commissiononly
1.Utility Easements. Any construction plan or building permit for the subject parcels shall
provide and dedicate public utility easements in locations acceptable to the Utilities
Department to accommodate the future extension of the public water and wastewater
systems. Such easements shall be dedicated prior to plan approval or in conjunction
with the final plat. (U)
2.Extension of Utilities. In the event that the public sewer isextended to a point within
200 feet of the property, wastewater systems shall be extended to a point acceptable to
the Utilities Department and all uses requiring domestic water and wastewater shall be
connected to the applicable public system.(U)
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