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Chesterfield corrects zoning "loophole"

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Chesterfield leaders tonight fixed their zoning problem after a two-month window of opportunity for some large landowners.


The Virginia Supreme Court in February voided part of the county's subdivision ordinance limiting lot sizes in agricultural districts to 5 acres.


The ruling opened the door for subdivisions of 1-acre lots by right.


The board unanimously closed the door last night, re-establishing the 5-acre minimum, but not before agricultural property owners submitted 26 subdivision applications.


If those applications were developed, it would mean 2,514 new homes on 5,656 acres in a county that's trying to slow residential growth.


Based on the county's $25,511 estimated impact of each new home on public infrastructure, that could cost the county more than $64 million since cash proffers -- fees paid per home by developers -- are only paid through the rezoning process.


But with the change taking effect immediately -- well before any of the plans are approved -- it's unknown whether landowners' claims that they could build under the rules in place at the time they applied would hold up in court.


"Although it is not possible to predict the effect of the ordinance on every subdivision submission, we do expect people to request determinations as to whether their projects are vested or not," said County Attorney Steven L. Micas.


Many landowners and their lawyers expressed displeasure at the quick fix, claiming that not enough time was devoted to discussing the matter.


For more information, see tomorrow's Richmond Times-Dispatch.


Contact Wesley P. Hester at (804) 649-6976 or whester@timesdispatch.com.


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