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85S050~ne-~Sv-~98~-6~6 July 24, 1985 BS REQUEST ANALYSIS AND RECOMMENDATION 85S050 Midlothian Development Corporation Midlothian Magisterial District North and south lines of Lucks Lane REQUEST: (Amended) Amendment to a previously granted Conditional Use Planned Development (Case 79S142) to permit: I. A landfill; II. Elimination of a recreation tract; III. Increase and/or decrease of acreage and units in certain tracts; and IV. Townhouse development in certain tracts. RECOMMENDATION I. Recommend approval of the landfill for the following reasons: The following conditions will insure that any future development will not be adversely affected by the fill activity which has occurred on the property. Be The following conditions will insure that the Falling Creek floodway is adequately protected so as not to create flooding problems. CONDITIONS me Within thirty (30) days of the approval of this request, a plan showing the exact metes and bounds of the existing fill shall be submitted to Environmental Engineering. Any fill materials which encroach into the limits of the 100 year floodway shall be removed within sixty (60) days of the approval of this request. (EE) Upon completion of the fill activity and restabilization of the site, a plat showing the exact metes and bounds of the fill area and the types of material buried shall be submitted to the Planning Department. Upon review and approval of the plat, it shall be recorded in the Circuit Court. The plat shall note that fill has been placed on the property and, therefore, it may not be suitable for construction. (SS&P) There shall be no construction over the fill area unless soil engi- neering studies prove the suitability of such construction. (SS&P) 4. Uses permitted shall be limited to recreation. (P) (Note: Schematic plans must be submitted to the Planning Commission for approval.) e Fill material shall be limited to earth, stone, rock, scrap building and land-cleared materials. (P) Ail slopes shall be free of exposed debris, covered with soil, and stabilized by hydroseeding. (EE) Fill activity shall not occur on recorded lots in Sommerville Grove. (EE) The conditions herein notwithstanding, the plan ~repared by J.K. Timmons and Associates, titled Luck's Lane Extension, Job Number 22, Sheet 6 of 8, revised 8/17/83, shall be considered the plan for the fill area. (P) (Note: This plan was previously approved by Environmental Engineering and differs from the plan submitted with this request.) II. Recommend approval of the elimination of the recreation tract between Tracts 503 and 308 for the following reasons: If the subject recreation site is eliminated, three (3) recreation sites will remain in Evergreen East. These three (3) sites are of sufficient size to accommodate the required recreation facilities for Evergreen East. Approximately 300 fewer housing units than originally approved have been, or proposed to be, constructed in Evergreen East; therefore, this tract is not required to accommodate required recreation facilities. CONDITION The recreation tract lying between Tracts 503 and 308 shall be eliminated and the acreage combined into the land area of Tracts 503 and 308. (P) III. Recommend approval of the request to increase and/or decrease acreage and units in certain tracts for the following reason: As shown on "Exhibit 1" and "Addendum - Exhibit B" attached hereto, the increase in units and/or acreage in certain tracts does not increase the total number of units in Evergreen East. In fact, the total number of units now proposed is less than that originally approved. ~050/BSJUNS/JULY24K CONDITION I0. Exhibit 1 and Addendum - Exhibit D shall supersede Exhibit D of the original Textual Statement for Conditional Use Planned Development 79S142 for those tracts outlined in Evergreen East. (Note: All previous requirements relative to increase/decrease in acre- age remain applicable.) IV. Recommend approval to permit townhouse development in multifamily and condominium tracts (i.e., Tracts 704, 705 and 803) for the following reason: Townhouse development in tracts previously designated for high density residential development will be compatible with surrounding land uses. (Note: Any townhouse development in these tracts must conform to the requirements outlined in the original Textual Statement for such development.) GENERAL INFORMATION Location: Existing Zoning: North and south lines of Lucks Lane at the intersection with Evergreen East Parkway and more commonly known as Evergreen East. Tax Map 26-13 (1) Part of Parcel 1; Tax Map 37 (1) Part of Parcels 3 and 12; and Tax Map 37-7 (1) Part of Parcel 1 (Sheet 13). R-7 with Conditional Use Planned Development Existing Land Use: Landfill or vacant Adjacent Zoning & Land Use: Utilities: North, South, East and West - R-7 with Conditional Use Planned Development; Single family residential or vacant These amendments will have no impact on utilities. Environmental Engineering: I. Landfill activities create severe soil limitations which often hinder, or even preclude, future development of the site. Fill material is subject to displacement and settlement. The rate of decay of buried organic material is extremely diffi- cult to predict. Consolidation of material can be expected to continue for many years with accompanying settlement. Attempting to support structures on fill material involves a definite risk to the owner and 3 85S050/BSJUN5/JULY24K Fire Service: General Plan: Transportation: user of the facility. Building founda- tions, unless properly designed, are sub- ject to unusual settlement resulting in both safety and health problems. In order to obtain adequate soil bearing capacity for structures, it will be necessary to excavate the buried material or drive supports through the fill area into the undisturbed soil below. (Conditions 2, 3 and 4) If development is limited to recreation use with no substantial improvements, the landfill activity should not adversely affect future use. (Condition 4) The landfill plan submitted with the appli- cation proposes a large amount of filling within the limits of the Falling Creek floodway. Approximately three years ago, the developer obtained permission from the Corps of Engineers to fill between the I00 year floodplain and the edge of the flood- way. Following approval to fill within the floodplain, the County adopted a Flood Plain Management Ordinance which prohibits such actions unless it is to achieve a buildable commercial site. The plans submitted with the application do not conform to the plans previously approved by the County and Corp of Engi- neers (Condition 8). Any fill located within the limits of the 100 year floodway should be removed. (Condition 1) II, III, IV. Elimination of recreation tract; Increase and/or decrease of acreage and units in certain tracts; Townhouse development in certain tracts; These amend- ments will have no impact on drainage and/or erosion. These amendments will have no impact on fire service capabilities. Single family residential These amendments will have no impact on traffic patterns. 85 30/BSJUN5/JULY24K DISCUSSION This amendment includes three (3) separate requests. I. Landfill - Approximately 9.8 acres on the north side of Lucks Lane, between Sommerville Grove and Gladstone Glen Subdivisions, have been used to deposit stumps and building materials. Upon discovering the operation, Staff notified the developer of the zoning violation and, subsequently, the current request was filed. The developer intends to cover the landfill with topsoil and utilize the tract for recre- ation use. Provided the site is properly covered, graded and seeded, the materials contained in the landfill should not adversely affect the intended use of the property. (Conditions 5 and 6) II. Elimination of Recreation Tract between Tracts 503 and 308 - The approved Master Plan showed a recreation tract between Tracts 503 and 308, along Evergreen East Parkway. The developer desires to eliminate the recreation tract between Tracts 503 and 308. The developer has indicated that the reduction in recreation acreage is because the area already developed in Evergreen East is at a lesser density than originally permitted; therefore, recreation needs are less. (II. Condition 9) III. Increase and/or Decrease of Acreage and Units in Certain Tracts - Because of the elimination of the recreation tract between Tracts 503 and 308, tract boundaries must be adjusted. The adjustment in tract boundaries increases/decreases the acreages by more than 10 percent, as permitted by the original zoning. Tract 308 would be expanded and Tract 307 would be decreased. Furthermore, since approval of the original Master Plan, Powhite Parkway Extended and Route 288 have been more precisely located, thereby affecting the boundaries of other tracts. As noted on the attached charts, the increase/decrease in acres and units will not increase the total number of units in Evergreen East. Rather, as noted on the attached charts, less housing units will be constructed than originally approved. (III. Condition 10) IV. Townhouse Development in Certain Tracts - Within tracts designated with 700's and 800's numbers, housing types were limited to multi- family and condominium forms. Townhouse type development was not permitted in these tracts. Townhouse development would be similar to condominium or multifamily development and, in some instances, be a more preferable land use. (IV. Note) CASE HISTORY Planning Commission Meeting (4/23/85): The Commission deferred this case for sixty (60) days to allow the appli- cant to include additional amendment requests. 5 85S050/BSJUN5/JULY24K Applicant (4/23/85): The request was amended as reflected herein. Planning Commission Meeting (6/18/85): On motion of Mr. Cowan, seconded by Mr. Belcher, the Commission recom- mended approval of this request, subject to the conditions on pages 1 2 and 3. ' AYES: Messrs. Miller, Cowan, O'Connor and Belcher. ABSENT: Mr. Thomas. The Board of Supervisors on Wednesday, July 24, 1985, beginning at 2:00 p.m., will take under this consideration this request. 6 85 J0/BSJUN5/JULY24K April 22, 1985 85S050 EVERGREEN EXHIBIT 1 TRACT ~05~/ 406~ 407~ 504~ 310 404 404A 8O4 5O5 203 204 503 6O2 802 Units as Recorded and/or Tentative Approval SUBDIVISION Smoketree South Including Logan Trace Mansfield Landing Gladstone Glen Cottage Mill CALCULATED UNITS 51 48 43 72 142 356 16 51 Somerville Grove Ashbrook Landing Evergreen Tentative 217 217 36 (N. Side Walton Bluff Pky.) 61 45 142 Sycamore Ridge 55 Sachem's Head 76 134 210 TOTALS 1047 ACTUAL UNITS 262 262 26 51 38 34 72 164 164 68 109 109 752 ASHBROOK ' SUMMERVILLE COTTAGE MILL ~R-TH ~ . ,. 85S050 (AMENDED) AMEND C.U.P D. ;ACHEMS H / / ADSTONE~ .MOKETREE %SOUTH LOGAN TRACE !LD LANOIN( / iIilllllklllllllllil Il III III Ill II1 A 855060-1 'l GLADSTONE. LANDrrJLL 5 I"FE- ~55050 -5