99SN0278.PDFAugust 25, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0278
The Grove, L.P.
Midlothian Magisterial District
South line of Hawkins Wood Circle
REOUEST: Amendment to Conditional Use Planned Development (Case 91SN0172) to permit
a sales office in a Residential (R-9) District.
PROPOSED LAND USI~: Sales Office
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
AYES: MESSRS. MILLER, GULLEY AND CUNNINGHAM.
ABSENT: MESSRS. MARSH AND SHEWMAKE.
STAFF RECOMMENDATION
Recommend approval for the following reason:
Typically, staff would not support the type of structure that has been placed on the
property because it fails to be compatible with the residences that are planned within this
Providing a FIRST CHOICE Community Through Excellence in Public Service.
development. However, given that the unit exists, approval for a limited time period with
the recommended conditions would be appropriate. The recommended conditions are
similar to those required for model homes.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH
ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS
WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY
THE PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC) 1.
This request shall be granted for a period of two (2) years from the
date of approval. (P)
(STAFF/CPC) 2.
The sales office shall only be used to market the development (The
Grove) in which it is located and shall not be used for the sale of
lots or houses outside of the development (The Grove) in which it
is located. (P)
(STAFF/CPC) 3.
The sales office shall not be the primary real estate office for the
company marketing the development. (P)
(STAFF/CPC) 4.
The sales office shall not be used as a construction office or for the
storage of construction equipment and/or materials. (P)
(Note: These conditions are in addition to conditions and proffered
conditions of Case 91SN0172.)
GENERAL INFORMATION
I,ocation:
South line of Hawkins Wood Circle, across from Hawkins Wood Lane. Tax ID 727-701-
5746 (Sheet 5).
Existing Zoning:
R-9 with Conditional Use Planned Development
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99SN0278/WP/AUG25I
.3 acre
Existing Land Use:
Sales office
Adjacent Zoning & Land Use:
North, South, East and West - R-9 with Conditional Use Planned Development, Vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line along Hawkins Wood Circle adjacent to the
request site. Use of the public water system is required by County Code.
_~blic Wastewater System:
There is an existing eight (8) inch wastewater collector extending along Hawkins Wood
Circle adjacent to the request site. Use of the public wastewater is required by County
Code.
Drainage and Erosion:
ENVIRONMENTAL
The sales office will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
This property is currently served by the Midlothian Fire/Rescue Station, Company Number
5 and the Forest View Rescue Squad. The sales office will have a minimal impact on
fire/rescue services.
Transportation:
The sales office will have a minimal impact on the existing transportation network.
3 99SNO278/WP/AUG25I
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Communit?' plan which suggests the
request property is appropriate for low to medium density residential use of 1.01 to 4.0
units per acre.
Area Development Trends:
The request property is a part of the proposed mixed use development commonly known
as The Grove. The Grove will have a mixture of residential housing types, public/semi-
public uses and commercial uses.
Zoning History:
The Board of Supervisors, on March 12, 1997, approved rezoning ~¥om Agricultural (A)
to Residential (R-12) of 132.8 acres, Residential (R-9) of 102.5 acres, Residential
Townhouse (R-TH) of 60.1 acres, Residential Multi-family (R-MF) of 21.3 acres
Corporate Office (0-2) of 16.6 acres, and Community Business (C-3) of 56.7 acres, plus
Condition Use Planned Development to permit use and bulk exceptions on these tracts and
an adjacent 50.1 acre tract zoned Agricultural (A).
Development History and Current Request:
On September 21, 1998, staff released a building permit to allow a temporary construction
trailer on the request property. Temporary construction trailers are permitted in residential
district provided they are incidental to construction activities taking place on the premises
and removed upon completion of the work. Subsequently, it came to staff's attention that
the trailer was being used not as a construction trailer, but rather as a sales office.
In residential districts, sales are permitted within model homes with certain restrictions.
Since this unit is not by definition a dwelling, sales are not permitted. Model homes are
permitted to be used as a temporary real estate office provided that the office only markets
property within the development where it is located; is incidental to construction activity
taking place within the development; is not the primary real estate office for the company
marketing the development; and is not used as a construction office or for the storage of
construction equipment and/or materials.
This requested amendment is to allow the modular office unit to be used to market lots and
homes within The Grove development.
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99SN0278/WP/AUG25!
CONCLUSIONS
Typically, staff would not support a structure of the ~'pe proposed by this application and as what
exists on the property because the structure is not compatible with the residential dwelling units
proposed and existing in the immediate area. However, given that the structure exists and that the
applicant has requested a maximum time period of two (2) years, approval subject to the
restrictions similar to those required of a model home would be appropriate (Conditions 1 through
4). The applicant has indicated that future sales offices for The Grove will be located within
model homes.
CASE HISTORY
Planning Commission Meeting (7/20/99):
The applicant accepted the recommendation. There was no opposition present.
On a motion of Mr. Gulley, seconded by Mr. Cunningham, the Commission recommended
approval of this request subject to the conditions on page 2.
AYES: Messrs. Miller, Gulley and Cunningham.
ABSENT: Messrs. Marsh and Shewmake.
The Board of Supervisors, on Wednesday, August, 25, 1999, beginning at 7:00 p.m., will take
under consideration this request.
5 99SNO278/WP/AUG25I
R-15
R-9
c R-9
HAWKINS
N
R-15
QUEENSMH,L
Case: 99SNO278
Amend C.U.P.D.
Sheet¢: 5
99SN0278
In Midlothian Magisterial District, THE GROVE, L. P.
requested amendment to Conditional Use Planned Development
(Case 91SN0172) and amendment of zoning district map to
permit a sales office in a Residential (R 9) District. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for low to medium
density residential use of 1.51 to 4.0 units per acre. This
request lies on .3 acre fronting approximately 90 feet on
the south line of Hawkins Wood Circle, across from Hawkins
Wood Lane. Tax ID 727 701 5746 (Sheet 5).
Mr. Jacobson presented a summary of Case 99SN0278 and stated
that Planning Commission and staff recommend approval
subject to conditions.
Ms. Ashley Harwell, representing the applicant, stated that
the recommendation is acceptable.
There was no opposition present.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the
Board approved Case 99SN0278 subject to the following
conditions:
1 This request shall be granted for a period of two (2)
years from the date of approval. (P)
2 The sales office shall only be used to market the
development (The Grove) in which it is located and
shall not be used for the sale of lots or houses
outside of the development (The Grove) in which it is
located. (P)
3 The sales office shall not be the primary real estate
office for the company marketing the development. (P)
The sales office shall not be used as a construction
office or for the storage of construction equipment
and/or materials. (P)
(Note: These conditions are
in addition to conditions
and proffered conditions of Case 91SN0172.)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
8/25/99
99 712