05SN0135-Sept22.pdfSeptember 22, 2004 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0135
Balzer and Assoc., Inc.
Midlothian Magisterial District
East and West lines of Grove Hill Road
REQUEST: Amendment to Conditional Use Planned Development (Case 91SN0172)
permit bulk exceptions in the Residential Townhouse (R-TH) District.
PROPOSED LAND USE:
to
Residential townhouse subdivisions known as Ridgemoor and Scotter Hills have
been developed within The Grove project. Several units within these subdivisions
were constructed in violation of the required setbacks. This request would reduce
the side, comer side and rear yard setbacks required for all subject lots within this
development equivalent to those approved for cluster home development, thereby
legalizing the setbacks for units that are currently in violation and applying this
exception uniformly to other subject lots within these developments.
PLANNING COMMISSION RECOMMENDATION
THE COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON SEPTEMBER
21, 2004. STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S ACTION AT THE
BOARD'S SEPTEMBER 22, 2004, PUBLIC HEARING.
STAFF RECOMMENDATION
Recommend approval of exceptions consistent with what is necessary to legalize units built in
violation of the Residential Townhouse (R-TH) setbacks, rather than those setbacks permitted for
cluster home development. This recommendation is made for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service
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The recommended condition provides the relief necessary to legalize units built in
violation of the Ordinance while maintaining close consistency with the
Residential Townhouse (R-TH) requirements.
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The recommended condition provides for adequate separation of dwelling units,
thereby protecting against overcrowding of the development, consistent with the
intent of the Ordinance setback requirements.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS.)
CONDITION
(STAFF)
For R-TH uses, the following bulk exceptions shall apply for development on the
subject property:
Side yard. A side yard of not less than ten (10) feet in width shall
be provided for each end residence in townhouse groups or rows
having three (3) or more lots.
Comer side yard. A comer side yard of not less than ten (10) feet.
Rear yard. A rear yard of not less than nineteen (19) feet. (P)
(NOTE: This condition amends Item II of the Textual Statement for Case
91SN0172 for the subject property only. All other conditions of Case 91SN0172
shall remain in effect.)
GENERAL INFORMATION
Location:
Fronting the east and west lines of Grove Hill Road, along the south line of Woolridge
Road. Lots 10, 11, 24, 28 and 30 through 66 of the Ridgemoor development and Lots 1
through 5, 23 through 65 and 71 through 81 of the Scotter Hills development (Sheets 5
and 6).
Existing Zoning:
R-TH with Conditional Use Planned Development
Size:
23.5 acres
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Existing Land Use:
Single family residential or vacant
Adjacent Zoning and Land Use:
North - 0-2 and C-3, both with Conditional Use Planned Development; Vacant
South - R-12 and R-15, both with Conditional Use Planned Development; Single family
residential
East - A with Conditional Use Planned Development; Public/semi-public (Grove Shaft
Park)
West - A; Vacant
UTILITIES, ENVIRONMENTAL, FIRE AND TRANSPORTATION
This request will have no impact upon these facilities.
Financial Impact on Capital Facilities:
This application will not result in an increase in the number of dwelling units
consequently, the proposed zoning will not result in a net increase in the impact on capital
facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan which suggests the
property is appropriate for medium density residential development of 2.51 to 4.0 units
per acre.
Area Development Trends:
Surrounding properties to the north, south and east were zoned as part of The Grove
mixed use development and are currently vacant or developed for residential single
family subdivisions or park use (Grove Shaft Park). Property to the west is vacant and
controlled by the YMCA located at the intersection of Woolridge and Coalfield Roads.
Zoning History:
On March 12, 1997, the Board of Supervisors, upon a favorable recommendation by the
Commission, approved a rezoning of a 440 acre tract with Conditional Use Planned
Development to permit a mixed use project commonly known as The Grove (Case
91 SN0172).
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The approved master plan identified the subject property within Parcel 7, permitting the
development of townhomes or cluster homes. Parcel 7 was recorded for the development
of townhome projects commonly known as Ridgemoor and Scotter Hills. Subsequently,
staff reviewed and issued building permits for several townhome units incorrectly using
the cluster home setback standards specified in the case, rather than the R-TH
requirements of the Ordinance. As a result, several units were constructed in violation of
side, comer side and rear yard setbacks. To date, eleven (11) of the subject units within
the Scotter Hills development and one (1) of the subject units within the Ridgemoor
development have been identified as having one (1) or more setback violations, with
additional building permits on hold as a result of inadequate setbacks.
Building Setbacks:
Currently, within the Residential Townhouse (R-TH) District, a twenty-five (25) foot rear
yard, a twenty-five (25) foot comer side yard, a ten (10) foot side yard for end residences
in unit groups of four (4) or fewer and a fifteen (15) side yard for end residences in unit
groups of five (5) or more is required for principal buildings. Consistent with a purpose
of the Ordinance, building setbacks permit the passage of light and air and protect against
the overcrowding of improvements within the development.
This application includes only those lots which have not been transferred to individuals.
Staff will request that the Planning Commission initiate a separate application on those
lots.
The existing structures built in violation of these setbacks maintain a minimum rear yard
of 19.5 feet, a minimum comer side yard of 10.4 feet and a minimum side yard for end
units of any grouping of 10.2 feet. This request would reduce the setbacks to those
required for cluster home developments as part of Case 91SN0172 requiring a minimum
rear yard of fifteen (15) feet, a minimum comer side yard of 7.5 and a minimum side yard
of ten (10) feet.
The subject properties were recorded and developed as a townhome project, requiring
minimum lot areas of 1,520 square feet and lot widths of nineteen (19) feet. Had these
projects been recorded for cluster home development, the minimum lot area would have
been 6,000 square feet and the minimum lot width sixty (60) feet, affording smaller
setbacks without impacting the overall perception of density. It is staff's position that
relief to setbacks should be based upon the need to legalize such units while maintaining
close consistency with Residential Townhouse (R-TH) requirements of the Ordinance
(Condition). To maintain uniformity within the projects, the condition would permit other
units the same exception. Further, these townhouse developments have cumulatively
provided open space in excess of approximately three (3) acres of Ordinance
requirements thereby assisting in balancing the closer separation between dwelling units
with respect to density impacts.
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CONCLUSIONS
The proposed zoning is for the purpose of legalizing the existing improvements that do not
currently comply with requirements of the Ordinance. The provision of project open spaces is in
excess of Ordinance requirements protects against the overcrowding of these improvements
within the development. The recommended condition provides the relief necessary to legalize
units built in violation of the Ordinance while maintaining close consistency with the Residential
Townhouse (R-TH) requirements.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Staff (9/3/04):
If the Commission acts on this case on September 21, 2004, it will be considered by the
Board of Supervisors on September 22, 2004.
The Board of Supervisors, on Wednesday, September 22, 2004, beginning at 7:00 p.m., will take
under consideration this request.
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