02SN0109-May22.pdfMay 22, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0109
~OUEST:
Taseon Croup, Inc.
Midlotbian Magist'erial District
West line of Le Gordon Drive
Rezoning from Agricultural' (A) to Residential-Multi-family (R-MF) of 34.5 acres
with Conditional Use Planned Development to permit exceptions to Zoning
Ordinance requirements.
PROPOSED LAND USE:
A multi-family condominium residential development containing a maximum of 116
dwelling units is planned.
PLANNING C.OMMISSION RECOMMENDATION
THE PLANNING COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON MAY
21,2002. IF THE COMMISSION ACTS ON THIS REQUEST ON MAY 21,2002, STAFF WILL
ADVISE THE BOARD OF THE COMMISSION'S RECOMMENDATION ON MAY 22, 2002.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. Although the Midlothian Area Community Plan suggests the property is appropriate
for a mix of uses to include office, medium density housing of 7 - 14 dwelling traits
per acre, personal services and community facility uses, the proposed zoning and land
Providing a FIRST CHOICE Community Through Excellence in Public Service.
use fail to provide appropriate transition between the commercial development
located to the north along Midlothian Turnpike and future commercial development
to be located south along North Woolridge Road and further depicted on the attached
Conceptual Land Use Plan.
Some of the requested exceptions to multi-family development standards would
allow greater development flexibility. In particular, the requested exceptions,
together with the recommended conditions and proffered conditions, would allow
multi-family development that possesses a character more in keeping with ar~a single
family residential nei~borhoods than would be allowed with typical Residential
Multi-family (R-MF) zoning. However, some of the requested exceptions, such as
those related to provisions for sidewalks, buffer and building setback reductions from
property lines, are inappropriate given the higher density of development and the
need to offset the impact on adjacent single family residential development as well as
future residents within this development.
The proffered conditions do not adequately address the impacts of this development
on necessary capital facilities, as outlined in the Zoning Ordinance and the
Comprehensive Plan. Specifically, the need for schools is identified in the County's
adopted }'ublie Facilities Plan and FY 2002-2007 Capital Iml~rovement Prom and
the impact of this development on these facilities is discussed herein. The proffered
conditions do not adequately mitigate the impact on school facilities, thereby insuring
adequate service levels are maintained and protecting the health, safety and welfare
of County citizens.
The exception to the second public access and the proposed provision of a restricted
second means of access does not insure expeditious access during an emergency.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS.)
PROFFERED CONDITIONS
The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code
of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and
their successors or assigns, proffer that the property under consideration will be developed according
to the following proffers if, and only if, the rezoning request submitted herewith is granted with only
those conditions agreed to by the owners and applicant. In the event this request is denied or
approved with conditions not agreed to by the owners and applicant, the proffers shall immediately
be null and void and of no further force or effect.
Virginia Condominium Act. All dwelling units on the Property shall be
condominiums as defined and regulated by the Virginia Condominium Act, and all
2
02SN01Og-MAY22-BOS
common areas and improvements therein shall be maintained by a condominium
association. (P)
Cash Proffer. The applicant, subdivider, or assignee(s) shall pay $4,591.00 per tm_it
to the County of Chesterfield, prior to the time of issuance of a building permit, for
each new dwelling unit for in~astmcture improvements within the se~rice district for
the Property if paid prior to July 1, 2002. At the time of payment, the $4,591.00 will
be allocated pro-rata among the facility costs as calculated annually by the County
Budget Department as follows: $356 for schools, $805 for parks, $280 for library
facilities, $2,838 for roads and $312 for fire stations. Thereafter, such payment shall
be the amount approved by the Board of Supervisors not to exceed $4,591.00 per unit
(prorated as set forth above) and shall be adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July 1,2001 and July 1 of the fiscal
year in which the payment is made if paid after June 30, 2002. If any of the cash
proffers are not expended for the purposes designated by the Capital Improvement
Program within fifteen (15) years fi:om the date of payment, they shall be returned in
full to the payor. Should Chesterfield County impose impact fees at any time during
the life of the development that are applicable to the Property, the amount paid in
cash proffers shall be in lieu of or credited toward, but not be in addition to, any
impact fees in a manner as determined by the County. (B&M)
Recreation Area. Open space/recreation area shall be provided as generally depicted
on the Tascon Development Master Plan, prepared by Joseph, Cox & Associates,
Inc., last revised March 22, 2002 ("Master Plan"), Including a minimum of 0.70 acres
in an area adjacem to the entrance road to provide a"focal point" near the enmmce to
the project. Part of the area shall be "hardscaped" and have other amenities that
accommodate and facilitate gatherings. The exact design and location shall be
approved by the Planning Department at the time of site plan review. The clubhouse
building and its related recreational amenities shall be developed concurrent with the
first phase of development. (P)
Site Plan and Elevations. Development of the Property shall be in substantial
conformance with the architectural appearance shown on the elevations attached
hereto as Exhibits "A" and "B" with respect to the materials depicted, which are
brick or stone veneer, composition, hardiplank or vinyl siding~ and 20-year asphalt
roof shingles. D.evelopment of the Property shall generally conform to the Master
Plan with respect to the general location of the clubhouse building, open spaces, the
orientation of buildings such that the number of garage doors opening to any
individual street are minimized, and the clustering of buildings. Thc location of
roads, access, driveways and parking areas need not be exactly as shown on the
Master Plan; however, the concepts of the Plan shall be generally adhered to such as
the orientation of dwelling units to one another, to open spaces, and to rights of way.
(?)
Public Utilities. The public water and waste water systems shall be used. (U)
3
02SN0109-MAY22-BOS
10.
11.
12.
Restriction on Children's Play Facilities. The common area recreational amenities
shall not include playground equipment, play fields or other faeillties primarily
associated with children's play. Adult facilities including, but not lirnited to,
swimming pools, putting greens, shuffleboard, tennis courts, picnic and barbecue
areas and gardens shall be permitted. (P)
Density. There shall be no more than one hundred sixteen (116) units developed on
the Property. (P)
Concrete Curb and Gutter. Concrete curb and gutter shall be installed along the main
driveways and cul-de-sacs which provide access to driveways and parking areas
serving residences. (EE)
Sidewalks and Pedestrian Trails. Sidewalks a minimum of three (3) feet in width
shall be provided along all interior streets, and along the entrance road to the Special
Access Street generally as shown on the Master Plan. Subject to obtaining necessary
permits, a pedestrian trail with a footbridge, if necessary, shall be provided through
the wetlands area with connections to the adjacent major interior streets. The
treatment and location of these sidewalks and the pedestrian trail shall be approved
by the Planning Department at the t/me of site plan review. (P)
Street Trees. Street trees shall be installed along each side of the interior roads and
common driveways to include entrance roads from public roads into the
development. If existing trees are maintained, they may be counted toward this
requimmant. The exact location, spacing, size and species of plantings shall be
approved by the Planning Department prior to fmal site plan approval. (P)
Landseaving. Landscaping shall be provided around the perimeter of all buildings,
between buildings and driveways, within medians, and within common areas not
occupied by recreational facilities or other structures. Landscaping shall comply with
the requirements of the Zoning Ord/nanee Sections 19-516 through 19-518(t).
Landscaping shall be designed to: rairdmize the predom'mance of building mass and
paved areas; define private spaces; and enhance the residential character of the
development. The Plarm/ng Department, at the time of site plan review, shall
approve the landscaping plan with respect to the exact numbers, spacing,
arrangement and species of plantings. (P)
Transportation.
Right of Way Dedication at Le Gordon Driy. e.. Prior to final site plan
approval, thirty (30) feet of right-of-way on the west side of Le Gordon
Drive, measured from the centefline of that part of Le Gordon Drive
immediately adjacem to the Property, shall be dedicated, free and
unrestricted, m and for the benefit of Chesterfield County.
4
02SN0109-MAY22-BOS
Access to Roads. Direct access from the Property to thc Special Access
Street shall be limited to one (1) entrance/exit each and shall be located
generally as shown on the Master Plan. The exact location of this access
shall be approved by the Chesterfield Department of Transportation (CDOT).
No direct access shall be provided from the Property to Le Gordon Drive,
except by way of the Special Access Street; however, at time of site plan
approval, this provision may bc modified, with the approval of CDOT, to
permit no more than one (1) additional access from the Property to Le
Gordon Drive. No direct access shall be provided from the Property to or
fi:om Aldengate Road except for an emergency access as generally shown on
the Master Plan. The location and design of this emergency access shall be
reviewed and approved by the Fire Department in conjunction with site plan
approval. Maintenance of this emergency access shall be the responsibility of
the condominium association.
Road Improvements.
improvements for:
i)
(ii)
The Developer shall provide dedication and mad
the Special Access Street from Le Gordon Drive to the western
Property line, as generally shown on the Master Plan as "Special
Access Road" as follows:
prior to final site plan approval, dedication to Chesterfield
County, free and unrestricted, ora fifty (50) foot wide right-
of-way, the exact location of which shall be approved by
CDOT;
b)
prior to the issuance of the first certificate of occupancy,
consmaction of a twenty-four (24) foot wide pavement with a
typical section meeting VDOT standards for an urban
collector street (40 m.p.h.), subject to any modifications
thereto sought by the Developer and approved by CDOT; and
dedication to Chesterfield County of any additional fight-of-
way (or easements) required for the improvements identified
above;
unless otherwise requested by the Developer and appm'ced by CDOT,
construction of additional pavement along Le Gordon Drive at the
Special Access Street intersection to provide a right tara lane not to
exceed a one hundred (100) foot full width mm lane and a one
hundred (100) foot taper; provided that such consl~uction shall not
require the Developer to relocate any utility poles. (T)
5
02SN0109-MAY22-BOS
13.
14.
15.
16.
17.
Landsca~in~ on Northern Perimeter. Between the right of way of the Special Access
Road and any driveway, parking or build'rags, landscaping shall be installed at one
and five-tenths times the density of Perimeter Landscaping C requirements of the
Zoning Ordinance. (P)
Ponds as Amenities. If a retention pond or any water quality pond is provided, it
shall be designed as a wet pond and amenity. The exact design and treatment shall be
approved at the time of site plan review. (EE)
Timbering. Except for timbering approved by the Virginia Department of Forestry
for the purpose of removing dead or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been obtained from the Envkonmental
Engineering Department. (EE)
Retention. The development must retain the 10-year, post-development runoffand
release it at a I O-year pre-develOPment rate. (EE)
Buildin~ Pad Elevation. All building pads must be elevated to provide at least a 1%
fall to the nearest drainage conveyance system or wetlands. (EE)
GENERAL INFORMATION
Location:
West line of Lc Gordon Drive, south of Midlothian Turnpike and at the eastern terminus of
Aldengate Road. Tax IDs 7:24-706-8093 and 725-707-2669 (Sheet 5).
Existing Zoning:
A
Size:
34.5 acres
Existing Land Use:
Vacant
6
02SN0109-MAY22-BOS
Adjacent Zonin~and Land Use:
North
South
East
West
- C-3 with Conditional Use Planned Development; Commemial
- 0-2 and A; Vacant and single family residential
- R-7 and C-3 with Conditional Use Planned Development; Single family residential
or vacant
- C-3 and O-2 with Conditional Use Planned Development and R-15; Vacant or
single family residential
County Attome. y.:
The County Attorney's office has advised that Proffered Condition 13 is illegal.
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along the west side of Le Gordon
Drive that terminates adjacent to the northeast comer of this site. In addition, there is au
existing eight (8) inch water line extending along the mutual boundary of the two (2) parcels
of the request site and along the western boundary of the northernmost subject parcel (Tax ID
725-707-2669). Use of the public water system is intended and has been proffered.
(Proffered Condition 5).
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along the western boundary
of the request site. Use of the public wastewater system is intended and has been proffered.
(Proffered Condition 5)
ENVIRONMENTAL
Drainage and Erosion:
The property is extremely flat and sheet flows to the northeast then via storm-sewer systems
under Route 60 north to Michaux Creek. There are no on- or off-site drainage or erosion
problems; however, the culvert under Route 60 that drains this area is inadequate. All
development in the area has retained water to ensure the box culvert under Route 60
continues to be adequate. The applicant has addressed the retention of the 10-year, post-
development runoff and its release at a 10-year pre-development rate to insure that no
drainage problems will be associated with development. (Proffered Condition 16)
There are large wetland areas on the property. The site is heavily wooded. To insure that
proper erosion control devices are in place, the applicant has addressed postponing timbering
activity until a land disturbance permit has been issued and the approved devices ate installed
7
02SN0109-MAY22-BOS
(Proffered Condition 15). Further, due to the flatness of the area, the applicant has proffered
to elevate the building pads of all dwelling units at least two (2) feet above original ground
level to provide a one ( 1 ) percent fall to the nearest drainage conveyance system or wetlands.
(Proffered Condition 17).
Water Quality:
Proffered conditions address design of any above ground facility required for water quantity
and quality control (SWIVIYBMP). Specifically, these areas will be designed and landscaped
so as to become amenities for uses developed on the property. (Proffered Condition 14)
PUBLIC FACILITIES
Thc need for fire, school, library, park and transportation facilities is identified in thc Public
Facilities Plan, the Thoroughfare Plan and the FY 2002-2007 Cal~.i.tal Improvement Pro,am This
development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are recommended
for con,tract/on by 2015 in the Plan. Based on 116 dwelling units, this request will generate
approximately twenty-one (2 I) emergency calls for fire and rescue services per year. The
applicant has addressed the impact on these facilities. (Proffered Condition 2)
The property is currently serviced by the Midlothian Fire Station, Company 5, and the Forest
View Volunteer Rescue Squad. When the property is developed, the number of hydrants and
quantity of water needed for fire protection will be evaluated during the plans review process.
The Zoning Ordinance requires the construction of a second public or private road access
prior to the occupancy of more than fifty (50) units. This application proposes provision ora
restricted second access (Textual Statement Item 9 and Proffered Condition 12.b.). The Fire
Department does not support the use of an emergency access, as shown on the Master Plan,
in place of a second unrestricted access. This second means of unrestricted access allows
emergency services to expeditiously access the development in an emergency situation as
well as provides future residents with an alternative means of ingress/egress should the one
(1) access become blocked.
Schools:
Approximately sixty-two (62) school age children could be generated by this development.
This site lies inthe Watkins Elementary School attendance zone: capacity - 750, enrollment
- 753; Midlothian Middle School zone: capacity- 1,260, e~ollment- 1,330; and Midlothian
High School zone: capacity - 1,625, enrollment - 1,600.
02SN0109-MAY22-BOS
This development will have an impact on the elementary, middle and high schools. There
are currently two (2) nailers at Watkins Elementary and four (4) trailers at Midlothian
Middle and all three schools continue to experience enrollment growth. The applicant has
not addressed the impact of this development by providing for area school needs. (Proffered
Condition 2)
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 Public
Facilities Plan identifies a need for additional library space throughout the County. Taking
into account the additional space provided by the two (2) currently funded projects, the new
La Prade and Chester Libraries, there is still a projected need for 55,000 additional squar~e
feet of library space County-wide by 2015. This development will most likely affect the
Midlothian Library. The 1995 Plan indicated a need to provide additional library space in the
Clover Hill Library service area. The applicant has offered measures to assist in addressing
the impact of this developmem on these facilities. (Proffered Condition 2)
Parks and Recreation:
The Public Facilities Plan identifies a deficit of 675 acres of regional park space and a need
for 116 acres of community park space by 2015. The north and northwestern area of the
County has been targeted for the acquisition of 170 acres for a new regional park and 120
acres for community parks. The applicant has offered measures to assist in addressing the
impact of this proposed development on these facilities. (Proffered Condition 2)
Trans--:
The applicant has prqffered that all dwelling units on the property will be developed as
condominiums (Proffered Condition I ). The applicant has also proffered a maximum density
of 116 units (Proffered Condition 7). Based on condominium trip rates, development could
generate approximately 740 average daily trips. These vehicles will be distributed, via Le
Gordon Drive, to Midiothian Turnpike (Route 60) and Charter Colony Parkway, which had
1999 traffic counts of 47,772 and 8,708 vehicles per day, respectively.
The Thorq.u. ghfare Plan identifies the need for a parallel road system on the south side of
Route 60 from County Line Road to Charter Colony Parkway. This parallel road would
relieve Route 60 by providing an alternative means for east-west travel in this area of the
county, and by permitting travel between developments without necessitating the use of
Route 60. The developers of the zoned properties located on the east side (Charter Colony)
and on the west side (Balmore Tract) of the subject property will provide part of the parallel
road system. The parallel road should be continued through the subject property.
The Plan suggests a collector, with a recommended right of way width of seventy (70) feet,
through the subject property as part of that proposed parallel road system. The Master Plan
9
02SN0109-MAY22-BOS
indicates that a large part of the subject property is encumbered by wetlands. In avoiding
these wetlands, the alignment and width of the collector will need to be altered within the
subject property to provide the road and to achieve the applicant's desired development
density.
The applicant has proffered to dedicate a fifty (50) foot wide right of way for a special access
street ("the Special Access Street") from Le Gordon Drive to the western property line
(Proffered Condition 12.c.i.). The proffer also requires the developer to construct a two (2)
lane roadway for the Special Access Street through the property.
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal ckculation (Division 5). The applicant has proffered to
dedicate thirty (30) feet of right of way measured from the centerline of Lc Gordon Drive for
the emire property frontage. (Proffered Condition 12.a,)
The applicant has also proffered to limit direct access from the property to Le Gordon Drive
to the Special Access Road (Proffered Condition 12.b.). The proffer would allow, at time of
site plan review, staff to approve one (1) additional access to Le Gordon Drive. Proffered
Condition 12.b. also limits direct access firom the property to the Special Access Street to one
(1) entrance/exit, as generally shown on the Master Plan.
Ia conjunction with recordation of the adjacent subdivision to the southwest (Otterdale
Subdivision), a stub road right of way (Aldengate Road) was provided to the subject
property. Developing the subject property with access via this stub road will increase the
traffic volume on that street. Traffic generated from development of the subject property
must not increase traffic volumes along that subdivision street in excess of the acceptable
level (1,500 vehicles per day) established by the Planning Commission's Stub Road Policy.
Development, as presented on the Master Plan, is not anticipated to generate traffic that
would cause an increase in the traffic volume on that adjacent subdivision street beyond the
acceptable level. Based on citizen concern, the applicant has proffered that no direct access,
except for an emergency access, will be provided to Aldengate Road. (Proffered Condition
12.b.)
The traffic impact of this development must be addressed. An ultimate four (4) lane
undivided typical section is planned for Lc Gordon Drive from Route 60 to the Special
Access Street intersection. To assist in addressing the traffic impact of this proposed
development, the applicant has proffered to construct additional pavement along Le Gordon
Drive at the Special Access Street intersection to accommodate fight tums (Proffered
Condition 12.c.ii.). The proffer would require the developer to provide the pavement
widening (i.e., right mm lane) to the extelat possible, without adjusting the existing utility
poles that are located along Lc Gordon Drive. The exact length of this mm lane will be
determined at time of site plan review.
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads need to be improved to address safety and
10
02SN0109-MAY22-BOS
accormnodate the increase in traffic generated by this development. The applicant has
proffered to contribute cash towards mitigating this impact. (Proffered Condition 2)
At time of site plan review, specific recommendations will be provided regarding access and
internal circulation.
Financial impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 116* 1.00
Population Increase 316.68 2.73
Number of New Students
Elementary 28.30 0~24
Middle 15.08 0.13
High 18.56 0.16
TOTAL 61.94 0.53
Net Cost for Schools 417,136 3,596
Net Cost for Parks 94,192 812
Net Cost for Libraries 32,712 282
Net Cost for Fire Stations 36,540 315
Average Net Cost for Roads 332,108 2,863
TOTAL NET COST 912,688 7,868
*Based on a proffered maximum number of units.
As noted, this proposed development will have an impact on capital facilities. Staff has calculated
the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at
$7,868 per mdt. The applicant has been advised that a maximum proffer of $7,800 per unit would.
defray the cost of the capital facilities necessitated by this proposed development.
NoTM that circumstances relevant to this case, as presented by the applicant, have been reviewed and
it has been determined that it would be appropriate to accept the maximum cash proffer in this case.
The applicant has offered $4,591 per unit to assist in defraying the cost of this proposed development
on the schools, roads, parks, library and fire station facilities (Proffered Condition 2). These proffers
are insufficient to address the school impacts resulting from the proposed development. Accordingly,
the County's ability to provide school facilities to its citizens will be adversely impacted.
11
02SN0109-MAY22-BOS
The Planning Commission and the Board of Supervisors, through their consideration of this request,
may determine that there are unique circumstances relative to this case that may justify acceptance of
proffers below the value of the maximum acceptable amount.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan which suggests the
property and surrounding area are appropriate for a mix of uses to include office, medium
density residential housing of 7 - 14 dwelling units per acre, personal services and
community facilities. The overall intent of these Planned Transition Areas is to promote
decreasing land use intensities in and around the commercial areas located along Midlothian
Turnpike. This land use transition ultimately separates and buffers surrounding
neighborhoods while providing compatibility in scale and design.
Area Development Trends:
Property to the north is zoned Community Business (C-3) and is developed as the Ivymont
Shopping Center. Properties to the east and west are zoned Community Residential (C-3),
Residential (R-7), Corporate Office (0-2) and Residential (R- 1 $) and are vacant or occupied
by single family residences many as part of the Otterdale Subdiv/sion development.
Properties to the south are zoned Agricultural (A) and Corporate Office (0-2) and is
currently vacant. The Midlothian Area Communlht PI.an suggests that this section along Le
Gordon Drive is appropriate for uses that provide lxansition from the Ivymont Shopping
Center south to the Corporate Office (0-2) pamels and ultimately to the established single
family residential development along Garrett Lane. The attached Conceptual Land Use Plan
depicts the potential development pattern along the Le Gordon Drive Corridor. Specifically,
the corridor is bound by two (2) commercial nodes represented by the existing Ivymont
Shopping Center to the north and commercial/office tract zoned as part of the Charter Colony
Development to the south at Woolridge Road. The overall intent of the "Planned Transition
Area" is to promote decreasing land use intensity in and around these commercial notes in
an effort to minimize negative impacts on, and promote compatibility with, surrounding
residential development. This transition has begun south from Midiothian Turnpike, with the
existing office zoning west and south of the subject property which abuts established Iow
density single family developments. Vacant property to the south of this residential area will
eventually provide the transition to the southern commercial node at Wookidge Road.
Site Design:
A Master Plan has been included in this application (Proffered Condition 4). The Plan
depicts building orientation, road configuration and the location of common and recreation
spaces and sidewalks. The Plan depicts thirty-four (34) condominium buildings, the majority
of which are quadplexes. The applicant has proffered a maximum of 116 dwelling units
(Proffered Condition 7). Parking spaces are located adjacent to each dwelling unit. Access
12
02SN0109-MAY22-BOS
to the development is provided via one (1) driveway to Le Gordon Drive and one (1)
emergency access to Aldengate Road from Otterdale Subdivision.
Architectural Treatment:
Thc applicant has proffered that the architectural appearance of thc dwelling units and the
clubhouse will be similar to those depicted in the elevations submitted with the application
and that materials will be brick or stone veneer, composition, hard plank or vinyl siding and
asphalt shingles. (Proffered Condition 4)
Building Setbacks and Orientation:
Except as modified by this request, development must conform to the bulk requirements
established in the Zoning Ordinance for the Residential Multi-family (R-MF) District. The
applicant has requested exceptions to several of these standards, as noted in the Textual
Statement submitted with this application. These Ordinance standards were designed to
address a typical, suburban high density residential proj eot. The majority of these exceptions
will allow flexibility in site design to accommodate a unique multi-family project that has a
character more in keeping with a single family development and are generally consistent with
those approved for other slmilar projects.
Exceptions are requested to the setbacks from property lines, thereby permitting structures to
be twenty-five (25) feet rather than fifty (50) feet from all property lines except where
adjacent to lots within the Otterdale Subdivision. Adjacent to these lots, the flf[y (50) foot
setback would apply (Textual Statement, Item 4). Properties to the north, northwest and
southeast are zoned Community Business (C-3) and Corporate Office (0-2). Reduction in
the setback from these property lines will not provide the appropriate separation between
uses of varying intensities. Further, property to the north, developed as Ivymont Shopping
Center, was approved with only a twenty (20) foot buffer adjacent to the subject property. A
fifty (50) foot Special Access Road, as depicted on the Plan, is proposed to run adjacent to
thc northern property line. To mitigate the impact of the road and adjacent commercial
development, dense landscaping along the south line of this Special Access Street is
proposed (Proffered Condition 13). Property to the south is vacant and designated on the
Plan for low density single family housing. Therefore, setbacks adjacent to Tax ID 724-706-
7852 should be maintained at the required fifty (50) feet to provide the appropriate land use
transition to this higher density residential project.
Buffers and Screenl~:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans,
trash compactors, etc.) be screened from view of adjacent property and public fights of way
by a solid fence, wall, dense evergreen plantings or architectural feature, and that such area
within 1,000 feet of any resident/ally-zoned property or property used for residential purposes
not be serviced between the hours of 9:00 p.m. and 6:00 a.m.
13
02SN0109-MAY22-BOS
The Zoning Ordinance requires the provision of a fifty (50) foot buffer on (R-MF) property
when adjacent to single family residential zoning districts or when adjacent to vacant
property zoned Agricultural (A) that is designated for residential development in the Plan.
Property to the south meets this criteria thereby requiring the provision of a fifty (50) foot
buffer along the southern property line adjacent to Tax ID 724-706-7852. Proffered
conditions propose a twenty-five (25) foot buffer adjacent to single family residential
districts and the adjacent property to the south (Tax ID 724-706-7852) (Textual Statement,
Item 8). The purpose of those buffers is to provide the appropriate separation and gradual
transition between the proposed multi-family development and the existing lower density
residential development located within Otterdale Subdivision and future residential
development to the south. Therefore, the requirement for this fifty (50) foot buffer should be
maintained.
As previously noted, development to the north (Ivymont Shopping Ccnter) was rcquircd to
provide a twenty (20) foot buffer adjacent to the subject property, five (5) feet of which was
permitted to be cleared. Further, the Special Access Road, as depicted on the Plan, is
proposed to run along the northern property line. Given that no building or parking setbacks
are required from this Special Access Road, residential improvements on the subject property
will be exposed to views of the loading areas serving this shopping center. In an attempt to
mitigate the impact of the road and adjacent commemial development, proffers address
landscaping along the south line of the Special Access Road consistent with Ordinance
requirements for a fifty (50) foot buffer.
It should be noted that modificatiorm to the required buffer on the Ivymont Shopping Center
property to the north to accommodate the Special Access Road shown on the Plan will
require an amendment to the appmvad site plan for that development. (Case 89PR0067 -
Condition 4)
Recreation and Qpen Space:
The Zoning Ordinance requires that not less than ten (10) percent of the gross acreage ora
multi-family project be devoted to recreational use, with a minimum provision of 1.5 acres.
The Schematic Site Plan submitted with the application depicts several acres ofopan space
throughout the development, the majority of which is located within wetlands. In addition,
the applicant has proffered the provision ora clubhouse and associated recreational amenities
and that a portion of this area will be hardscaped with benches and other amenities to
facilitate the gathering of residents. (Proffered Condition 3)
Typical standards for higher density development provide for a minimum of.75 acres for the
purpose of establishing a focal point for the development (Proffered Condition 3). Generally,
focal points should be located so as to visually announce the project upon entry and to create
green space at the entrance. As depicted on the Plan, beyond the 0.70 acres reserved as a
special entrance feature, an expansive area of delineated wetlands is located d/r~cfly across
from the entrance off the Special Access Road, which becomes one (1) of two (2) focal
points for the project. Entering the southem portion of the project, a park area located within
14
02SN0109-MAY22-BOS
the center of the right of way around which the dwelling units are clustered, provided the
second focal point,
In addition, the proposed active recreational amenities are located within tl~e project so as to
be equally accessible to all residents. The applicant has proffered that these common
recreational areas will not include amenities primarily associated with children's play.
(Proffered Condition 6)
Sidewalks and Pedestrian Paths:
The Zoning Ordinance requires that sidewalks be provided within a residential multi-family
project. Higher density developments warrant the provision of sidewalks on both sides of all
internal rights of way to provide a form of passive recreation as well as safe and conven/ent
access to open space areas within the development. While the applicant's Plan depicts the
provision of sidewalks along both sides of some streets, several streets are proposed with
sidewalks on only one (1) side. Sidewalks are also proposed to connect residential pockets of
development across wetlands that bisect the property, if permitted. (Proffered Condition 9)
Garages and Driveway_s:
To address concerns relative to the appearance of garage doors facing adjoining streets, the
Master Plan depicts the orientation of the condominium buildings such that the number of
garage doors opening to any individual street is minimized and that such units are generally
clustered in groups around parking areas. (Proffered Condition 4)
Landsea ig~g:
Street trees and landscaping should be provided to enhance the residential appeal of the
townhouse development, define private spaces and minimize the predominance of building
mass and paved areas. The applicant proposes that street trees be planted along each side of
interior roads and common driveways to include any entrance roads from public roads into
the townhouse development. Landscaping is to be installed around the perimeter of all
buildings, between buildings and driveways, within medians and within common spaces not
occupied by recreational facilities. (Proffered Conditions 10 and 1 I)
CONCLUSIONS
Although the Midlothian Area Community Plan suggests the property is appropriate for a mix of
uses to include office, medium density housing of 7 - 14 dwelling units per acre, personal services
and community facility uses, the proposed zoning and land use fail to provide appropriate transition
between the commemial development located to the north along Midlothian Turnpike and the future
commercial development located south along Woolridge Road. The attached Conceptual Plan Use
Plan identifies two (2) commercial nodes that border the northern and southern limits of the Le
Gordon Drive corridor. Uses need to be of decreasing intensity moving north and south of these
commercial centers to minimize negative impacts on, and promote compatibility with, surrounding
15
02SN0109-MAY22-BOS
residential development. Consistent with the goals of the Plan, this land use transition would best
be achieved with office uses on the subject as opposed to the alternate layering of non-residential and
residential uses from Midlothian Turnpike south on Le Gordon Drive.
Although some of the requested exceptions m multi-family development standards would allow
greater development flexibility, several requested exceptions, such as those related to provisions for
sidewalks, buffer and building setback reductions from property lines are inappropriate g/yen the
higher density of development and the need to offset its impact firom adjacent single family
residential development. In addition, the exception to the second public access and the proposed
provision of a restricted second means of access does not permit emergency services to expeditiously
access the proposed development in an emergency situation nor allow residents an alternative means
of ingress/egress should the one (1) public access become blocked.
The proffered conditions do not address the impacts of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need
for schools is identified in the County's adopted Public Facilities Plan and FY 2002-2007 Capital
I.m. provement Pmgr..a~... and the impact of this development is discussed herein. The proffered
conditions do not adequately mitigate the impact on capital facilities, thereby insuring adequate
service levels are maintained and protecting the health, safety and welfare of County citizens. The
Commission and Board may, however, determine that there are unique eircumstaneas relative to this
development which may justify acceptance of a proffer below the maximum mount.
G/ven these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (9/10/01):
Revised proffered conditions, Textual Statement and Master Plan were submitted.
Planning Commission Meeting (9/18/01 ):
On their own motion, the Commission deferred this case to October 16, 200 i, to allow staff
and area residents time to review the revised proffered conditions, Textual Statement and
Master Plan, submitted September 10, 2001.
Staff (9/19/01 ):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than September 21, 2001, for consideration at the Commission's
October 16, 2001, meeting.
16
02SN0109-MAY22-BOS
Applicant (10/01/01):
Revised proffered conditions and Textual Statement were submitted.
Planning Commission Meeting (10/16/01):
On their own motion, the Commission deferred this ease to November 20, 2001, to allow the
applicant, area property owners and members of the Midlothian Volunteer Coalition time to
meet and discuss the proposal.
Staff ( 10/17/01 ):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than October 19, 2001, for consideration at the Commission's
November 20, 2001, meeting.
Staff (10/28/01):
To date, no additional information has been submitted.
Planning Commission Meeting ( 11/20/01 ):
On their own motion, the Commission deferred this case to December 18, 2001.
Staff(11/21/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than November 26, 2001, for consideration at the Commission's
December lg, 2001, meeting.
Staff(11/27/01):
To date, no additional information ha~ been submitted.
17
02SN0109-MAY22-BOS
Planning Commission Meeting (12/18/01):
At the applicant's request, the Commission deferred this case to January 15, 2002.
Staff(12/19/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than December 21, 2001, for consideration at the Commission's
January 15, 2002, public hear'rog. Also, the applicant was advised that a $250.00 deferral fee
must be paid prior to the Commission's January public hearing.
Boaxd of Supervisors' Meeting (12/19/01):
Since the Plarming Commission had not made a recommendation on this case, the Board
removed the case from its agenda.
Staff (12/21/01):
To date, no new information has been submitted, nor has the deferral fee been paid.
Applicant (1/15/02):
The $250.00 deferral fee was paid.
Planning Commission Meeting (1/15/02):
At the request of the applicant, the Commission deferred this case to March 19, 2002.
Staff(I/16/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than January 22, 2002, for consideration at the Commission's March
public hearing. Also, the applicant was advised that a $150.00 deferral fee mu~t be paid prior
to the Commission's March public hearing.
Applicant (1/17/02):
The $150.00 deferral fee was paid.
18
02SN'0109-MAY22-BOS
Applicant (2/8/02):
Revised proffered conditions and Master Plan was submitted.
Plantdng Commission Meeting (3/19/02):
At the request of the applicant, the Commission deferred this caze to April 16, 2002.
Staff(3/20/02):
The applicant was advised in writing that any sigalfieant new or revised information should
be submitted no later than March 26, 2002, for consideration at the Commission's April
public hearing. Also, the applicant was advised that a $250.00 defemxl fee must be paid prior
to the Commission's April public hearing.
Applicant (3/27/02):
Revised proffered conditions, Textual Statement and Master Plan were submitted.
Applicant (3/28/02):
The $250.00 deferral fee was paid.
Planning Commission Meeting (4/16/02):
At the request of the applicant, the Commission deferred this case to May 21, 2002.
Staff (4/17/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than April 22, 2002, for consideration at the Commission's May public
hearing. Also, the applicant was advised that a $250.00 deferral tee must be paid prior to the
Commission's April public hearing.
19
02SN0109-MAY22-BOS
Applicant (4/23/02 and 4/26/02):
Revised proffered .conditions were submitted.
Applicant (5/3/02):
The $250.00 deferral fee was paid.
Staff (5/14/02):
The Commission is scheduled to consider this request on May 21, 2002.
The Board of Supervi$om, on Wednesday, May 22, 2002, begivning at 7:00 p.m., will take under
consideration this request.
20
02SN0109-MAY22-BOS
Revised ,Bulk Exceptions
Th~s request is to rezone from A to R~MF with proffered conditions and CUPD to
permit bulk exceptions to modify the following requirements:
a twenty-three (23) foot exception to the twenty-five (25) foot setback
requirement for structures from driveways providing access exclusively to
parking areas;
a' fifteen (15) foot exception to the twenty-five (25) foot setback requirement
for structures from driveways other than those providing access exclusively to
parking areas;
a fifteen (15) foot exception to the ~teen (15) foot setback requirement for
strnctures from parking spaces;
a twenty-five(25) ~otexception to thefffty(5~footsetback requirementfor
structures ffompropertyhnes, except adjacentte Tax ID 7247064194, Tax ID
7247063783, Tax ID 7247063772, Tax ID 7247063762, and Tax ID
7247074117;
necessity of providing sidewalks except as proffered herewith;
an exception to the requirement that driveways and parking areas have
concrete curbs and gutters;
the following pavement width exceptions:
a two (2) foot exception (one (1) foot for each lane of a boulevard
entrance) to the thirty (30) foot pavement width requirement for access
roads (at Special Access Street);
a one (1) foot exception to the twenty-four (24) foot pavement width
requirement for interior stree, ts; and
a seven (7) foot exception to the twenty-four (24) foot pavement width
requirement for private driveways.
a twenty-five (25) foot exception to the fifty (50) foot buffer requirement for R-
MF adjacent to property zoned single family residential and to vacant
agriculturally zoned property that is designated as residential on the
comprehensive plan; arid ·
an exception to the necessity of a second road access ether than for
emergency veh/cle purposes.
LE GORDON DR
Z
Conceptual Land Use Plan.
MIDLOTHIAN TPKE
Commercial
Low Density Residenti~
High Density Residenti
~Vacant
I
I
.!
E
02SN0109 -5
LE GORDON
-'- (.,3
Z
0109