03SN0312-Jan 14.pdfADDENDUM
03SN0312
January 14, 2004 BS
Victor P. Morrissette
Matoaca Magisterial District
O.B. Gates Elementary School, Bailey Bridge Middle School and
Matoaca High School Attendance Zones
Soutti line of Beach Road
REQUEST: Rezoning from Residential (R-25) to Agricultural (A).
PROPOSED LAND USE:
Agricultural and residential uses are planned.
On January 12, 2004, to address concerns of the Matoaca District Supervisor relative to permitted
uses, the applicant submitted a proffered condition. This amendment provides that a deed restriction
will be recorded that prohibits manufactured homes (Proffered Condition). It is important to note
that the County will only insure the recordation of the covenant and will not be responsible for its
enforcement. Once covenants are recorded, they can be changed.
Should the Board wish to consider this proffered condition, it will be necessary to suspend their
procedures as the proffer was not submitted prior to advertisement of the case.
Staff continues to recommend denial of this request for reasons noted in the "Request Analysis".
PROFFERED CONDITION
The following shall be recorded as a deed restriction prior to the issuance of a building permit for a
principle structure on any of the request properties. The deed book and page number where such
restriction is recorded and a copy of the restriction as recorded shall be submitted to the Planning
Department with each building permit application:
A. Proposed Declaration of Restrictive Covenants:
1. Manufactured homes shall not be permitted. (P)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
January 14, 2004 BS
STAFF'S
.P QLr sT aqnt ¥sis
RECOMMENDATION
03SN0312
Victor P. Morrissette
Matoaca Magisterial District
O.B. Gates ElementarY-School, Bailey Bridge Middle School and
Matoaca High School Attendance Zones
South line of Beach Road
REQUEST: Rezoning from Residential (R-25) to Agricultural (A).
PROPOSED LAND USE:
Agricultural and residential uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed zoning and land use do not conform with the Southern and Westem
Area Plan which suggests the property is appropriate for residential use of 1 to 5 acre
lots (suited for Residential (R-88) zoning).
Bo
The proposed zoning and land use do not conform to the Thoroughfare Plan Since.
this type of development would not require the owner(s) to provide transportation
improvements, as suggested by the Plan.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS.)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
GENERAL INFORMATION
LOcation:
~ Fronts the south line of BeachRoad and the east line of Buckhom Road. Tax IDs 740-650-
~?' 6868; 740,651-3549, 6254,and 8357; 741-651-0661; and3165 (Sheet 24).·
Existing Zoning:
R-25
Size:
67.3 acres
Existing Land Use:
Single family dwelling and ~acant
Adiacent Zoning and Land Use:
North -.A; Single farnilyresidenti01 or vacant
S°uth- A; Single familyieside~fi~ °r vacant
East - A~ Single family reSidehfibt or vacant
West :~:R-25; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16)inch water line extending-along a portion of Beach Road
that teiminates adjacent.t°Carters way BOulevard lin :Carters :Mill Subdivigion;
approximately 8,750 feet:west of this site. Therequest .site is located within the-area i°f
anticipated R-88 zoniiigofthe~SOUthem and Westem Area Plan.-.Useofthe public water
system is required bY:C°unty}:~0de under ~Section 18-63(b).~or. all structures l°6ated°n
proPerty that is included(~theS6athem and WeStern AreaPian!desCribed in the'Subdivisi°n
Ordinance that receives z6ning~approval after June 23,]993, However, residencesiocated
on lotseXempt from the req~r~n~nts of the SubdivisiOn Ordinance, such as Prop°sediwith
this request, are not requi~d.to connect to thepublic water, system unless, connection to the
public Water system is 0the~Se::.required by County C0deSeCtion 18~63(b)(5). Use °fthe
public water system to serVe~S':!development is recommendedby the Utilities Department.
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03SN0312-JAN 14-BOS
Public Wastewater System:
The public wastewater system is not available.to-the request site. The Southern and W'estem
Area Plan designates this area for anticipated R-88 zoning with lots of 1 - 5 acres in size.
Use of a private septic system is permitted within this area,
Private Septic Systems:
The Health Department has reviewed the soils and septic/drainfield designs.
ENVIRONMENTAL
Drainage and Erosion:
The property drains southeast Via tributaries to Swift Creek. There are currently no on, or
Off-site drainage or erosion problems, and none are anticipated with this rezoning request.
PUBLIC FACILITIES
The need for fire, school, library, Park. and transportation facilities is identified in the Public
Facilities Plan,'the ThorOughfare Plan and:the Capital Improvement Program. This request will not
result in an increase in thee number ofpermitted dwelling units. AcCordingly, there is no net increase
in the imPact on capital facilitieS.
Fire Service:
The W'mterpock Fire/Rescue Station, Company Number 19, currently provides fire
protection and emergency medical service. This request will have minimal impact on fire
and emergency medical senace.
Libraries:
Consistent with the Board of SUPervisors' policy, the impact of development on library
services is assessed County-wide. 'Based on projected population growth, the Chesterfield
County Pubhc Faclht~esPlan adent~fied a need for addmonal library space throughoUt, the
County. Even if the facilitY imprOvements that have been made since the Plan was published
are taken into accounts there is still-an unmet need for additionallibrary space throughout the
CountY.
Development of this property would most likely impact the Clover Hill Library, the Central
. Library or a proposed new ~branch in the western Beach Road area. The Plan identifies a
need for additional library spacein this area of the County. This request will have a minimal
impact on these facilities.
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Parks and Recreation:
The-PubliC Facilities Plan identifies the need forifour (4) new regional parks. In addition,
there is currently a shortage ofc0mmunity Park acreage in the County. The Public Facilities:
Plan identifies a need for 625 acres of regional park space and 116 acres of community park
space by 2015. The Plan alSo identifies the need for neighborhood parks and-special purpose
parks and makes suggestions'for their locations. This request-will have a minimal impact on
these facilities.
Transportation:
The applicant is requesting rezoning on 67.3 acres from Residential' (R-25)to Agricultural
(A). In! 989, most of the property was rezoned (Case 898N0212)from A to R-25. As part
of that rezoning approval, the Board of, Supervisors imposeda buffer condition along-Beach
Road that limits access through the buffer to .approvet~ public road(s) and an existing
driveway which serves a.single :family residence 'on the property.
The Thoroughfare Plan identifies Beach Road as a major arterial with a'recommended right
of way width of ninety. (90) feet. The Plan als0 identifies a proposed north/sOuth major
arterial ("North/South Arterial") with a recommended rightofway width:of ninety (90)~feet~
extending from Qualla Road just north of Beach Road, south through the property to: River
Road. Direct access to major'arterials, such as Beach Road and the Nortlg-South Arterial,
should be controlled. The SUbdivision Ordinance requires transportation improvements, in
accordance with the Thoroughfare Plan, as determined by the Transportation Department.
Typically, some of the transpOrtation improvements that would~be necessary to address the
traffic impact of developing the property would include right of way dedication along Beach
Road and for the NortlgSouth Arterial, and construction of two (2) lanes of the NortbJSouth
Arterial through the proPerty'with turn lanes along Beach Road based:: on' Transportation
.Department standards.
This request would allowthe owner(s) to "road strip, the property by creating lots that front
and that have direct accesstOBeach Road.. This ~type of development would not reqUire :the
owner(s) to provide any.transp0rtation improvembnts, such: as the North/8outh Arterial:: The.
Transportation Department does not support rezoning that is. n°t in accordance with the
Thoroughfare Plan. -
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Westem .Area Plan which suggestS the
property is appropriate for.residential use of 1 to 5 acre lots, suited for Residential (R-88)
zoning. · ~
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A key feature of this Plan identifies the need to. locate residential development where it can
be most cost effectively served bypublic facilities, such as pUblic water. This principle
promotes orderly development which discourages "leap frog" development that often places
unnecessary demands on public facilities.
Area Development Trends:
The surrounding properties are characterized by. single family residential uses and vacant
parcels zoned Agricultural (A) and Residential (R-25).' It is anticipated that residential
zoning and land use patterns will continue in the area.
Zoning History:
On May 24, 1989, the Board of Supervisors, upon a favorable recommendation from .the
Planning Commission, approved the rezoning of the property from Agricultural (A) to
Residential (R-25) subject to a condition establishing a buffer adjacent to Beach Road and
acceptance of several proffered conditions negotiated by County Staff (Case 898N0212).
Conditions of approval of Case 89SN0212 inclUde the buffer adjacent to Beach:Road,
minimum lot sizes, use of public water, conformity, with regulations of a proposed Septic
System Ordinance. It should be.nOted, if this rezoning request is approved, these previous
conditions would not carry forth with this case: The 1989 case predates the current Southern
and Western Area Plan Which was adopted in 1993. At the time of the original zoning,
however, the Plan was being drafted and, as a result, the zoning conditions reflected some of
the philosophy of the Plan, which was ultimately adopted.
On'August 22, 1990, the Board of Supervisors.denied an amendment to proffered conditions
of Case 89SN0212 relative to lot size and use of public utilities. Specifically, the requested
amendments, if approved, wouldhave increased the minimum lot size from 0.75 acre.to one
(1) acre and eliminated the conditiOns requiring, the USe of public,water and compliance with
the proposed Septic System Ordinance. As stated above; the zoning conditions reflected
some philOsophy of the Sou~em ac. d Western Area Plan which was being drafted m-the'time
and ultimately adopted in .1993.
Use Limitations:
Should the request be approved, uses permitted by the Zoning Ordinance in an Agricultural
(A) District would be allowed on the request property as outlined in the Ordinance.
These uses include typicalagricultUral activities such as farming, keeping of livestoCk,etc.
Residential uses would also be permitted.
In .this particular instance, the original parcel has now been subdivided creating six (6)
parcels on the subject property through the SubdiviSion Ordinance's Residential Parcel
Subdivision process. Of these six.(6) parcels, one (1) is a residential parcel modification,
four (4) are new residential parcel'sand one (1.) is an illegal.division because it does not meet
the minimum Ordinance'requirements for lot area and road frontage and does not meet the
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exceptions as an immediate family division. It. is important to note that dwellings cannot
currently be constructed on these parcels unless public water is provided, as required by
rezoning Case 898N0212, as discussed above. ApProval of this rezoning would eliminate
the previous condition requiring the provision of public water to serve the request proPerty
and permit development of these road-stripped lots utilizing private wells. The use of private
septic systems is currently permitted and would still be permitted should this case be
approved.
CONCLUSIONS
The Southern and Western Area Plan suggests the property is appropriate for residential use of 1 to 5
acre lots, suited for Residential (R-88) zOning. The proposed zoning and land usedo not conform t0
the use suggested by the Plan. Further, the Plan's principles which 'encourage residential
development to be served by public facilities and discourages "leap frog" development where public
facilities are not-available would be compromised with approval of this request.
Further, this request would allow the oWner(s) to "road strip" the propertYwithout providing any
transportation improvements, such as the North/South Arterial.. Therefore, this request is not in
accordance with the Thoroughfare Plan.
Given these conSiderations, denial of thiS request is recommended.
CASE HISTORY
Planning Commission Meeting (8/19/03):
Atthe request of the applicant, the Commission deferred this ease to November 18,-2003.
Staff (8/20/03):
The'applicant was advised in:writing that any significant new or revised information should
be' sUbmitted no later than September 15, 2003, for consideration at the Commission's
November 18, 2003, public heating.
Also, the applicant was advised that a $250.00 deferral .fee must be paid prior to the
Commission's public hearing.
Staff (10/28/03 ):
To date, no new or revised information has been received, nor has the deferral fee been paid.
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Applicant (11/10/03):
The deferral fee was paid.
Planning Commission Meeting (11/18/03):
The applicant did not accept the recommendation.. There was support present for
Agricultural (A) zoning. There was opposition present expressing concerns relative to access
to Buckhorn Road, lot sizes and drainage.
On motion of Mr. Stack, seconded by Mr. Cunningham, the Commission recommended
denial of this request.
AYES: Unanimous.
Board of Supervisors Meeting (12/17/03):
On their own motion, the Boarddeferred this case to January 14, 2004, to allow the applicant
time to address the Matoaca Supervisor's concern relative to prohibiting manufactured
homes.
Staff (i2/18/03):
The applicant was adVised in vqriting that any new or revised information should be
submitted no later than December~ 23, 2003, for consideration at the Board's January 14,
2004, public hearing.
Staff (1/6/04):
To date, no new or revised information has been received.
The Board of Supervisors, on Wednesday, January 14, 2004, beginning at 7:00 p.m., will take Under
consideration this request.
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