07SN0228
January 16, 2007 CPC
February 14, 2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
07SN0228
Chesterfield County Planning Commission
Clover Hill Magisterial District
West line of Sturbridge Drive
REQUEST: Amend use permit (Case 72SN0023) relative to driveway widths, parking provisions
and building setbacks.
PROPOSED LAND USE:
An apartment project (Sunrise Apartments) has been developed on the property.
Despite the project receiving the appropriate site plan approval and occupancy
permits from the County, a recent survey of the development revealed deficiencies
in driveway widths, number and size of parking spaces, setbacks between structures
and from private drives and parking areas, as conditioned by Case 72SN0023
(Conditions 4,5,6,9 and 10). This amendment would correct these deficiencies.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
AYES: MESSRS. GECKER, GULLEY, BASS AND LITTON.
ABSENT: MR. WILSON.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The project, which has been in operation for approximately thirty (30) years, has had
no apparent adverse impacts resulting from the deviation in driveway widths,
number of parking spaces and setbacks of structures from private drives and parking
areas.
Providing a FIRST CHOICE community through excellence in public service
B. The existing parking space sizes, although inconsistent with conditions of zoning,
conform to current Ordinance requirements.
C. The Virginia Uniform Statewide Building Code regulates the separation of
buildings, thereby insuring appropriate spacing between structures.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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.
All private drives and entrances shall be paved to a width of twenty-
one (21) feet and the developer shall see to prohibition of parking
thereon. (P)
(Note: This condition supersedes Condition 4 of Case 72SN0023.)
(STAFF/CPC)
2.
Parking spaces shall be provided at a ratio of 1.6 spaces per dwelling
unit. The total calculation thereof shall include an area set aside and
designated for the parking of trucks, campers, boats, travel and utility
trailers. (P)
(Note: This condition supersedes Condition 5 of Case 72SN0023.)
(Note: With the exception of Conditions 4 and 5, as amended herein, and the
deletion of Conditions 6, 9 and 10, all previous conditions of Case
72SN0023 shall remain in effect.)
GENERAL INFORMATION
Location:
West line of Sturbridge Drive, south ofMidlothian Turnpike. Tax ID 746-708-9525.
Existing Zoning:
R-7 with Use Permit (Case 72SN0023)
Size:
18.7 acres
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07SN0228- FEB 14- BOS
Existing Land Use:
Multifamily Residential
Adiacent Zoning and Land Use:
North - C-3; Commercial
South - O-l; Public/semi-public (church)
East - R- TH; Residential townhouse
West - C- 5 and I-I; Commercial and light industrial
UTILITIES~ ENVIRONMENTAL; AND PUBLIC FACILITIES
The proposed amendment will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests the property is
appropriate for office and high density residential use of 7.01 units per acre or less.
Area Development Trends:
The area is characterized by commercial uses along Midlothian Turnpike, the Southport
Industrial Park development to the south and west and the Sturbridge Village townhouse
development to the east.
Zoning Historv:
On March 8, 1972, the Board of Supervisors approved a rezoning to Residential (R-2)
with a Use Permit to construct 229 apartment units subject to several conditions (Cases
72SN023 and 72SN0028). Subsequently, the County issued site plan approval, building
and occupancy permits for the development of the Sunrise apartment project.
Currently, the project is under contract for purchase. The prospective owners, tlrrough
their due diligence, discovered that the project was not constructed in compliance with
several zoning conditions. Given the County's involvement in the approval of this
existing development, the Planning Commission initiated the current application to
correct these deficiencies.
Drivewav Widths:
Condition 4 of Case 72SN0023 requires that all private drives and entrances be paved to a
minimum width of twenty-five (25) feet. This condition applies only to those drives having
no parking on either side. Currently, the Ordinance requires a minimum width of twenty-
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07SN0228- FEB 14- BOS
four (24) feet. Some of these drives have been constructed at a width ranging from twenty-
two (22) to twenty-four (24) feet. Amendment of this condition would be appropriate such
that a minimum width of twenty-one (21) feet would be required. (Condition 1)
Parking Space Number and Size:
Condition 5 of Case 72SN0023 requires that parking spaces be provided at a ratio of
1.8 spaces for each dwelling unit. Currently, the Ordinance requires 2.0 spaces for
each dwelling. Parking for the development has been provided at 1.6 spaces for each
dwelling. Amendment of this condition to require the 1.6 spaces per dwelling unit
would be appropriate. (Condition 2)
Condition 6 of Case 72SN0023 requires that parking spaces measure ten (10) by twenty (20)
feet. Currently, the Ordinance requires nine (9) by eighteen (18) foot spaces. Parking for
the development complies with current Ordinance requirements. Therefore, deletion of this
condition would be appropriate.
Separation Between Structures:
Condition 9 of Case 72SN0023 requires a minimum of fifteen (15) feet between structures.
Currently, the Ordinance requires thirty (30) feet. Some structures within the development
are separated by fourteen (14). Deletion of this condition would be appropriate such that the
Virginia Uniform Statewide Building Code would govern the appropriate building
separation.
Setbacks of Structures from Private Drives and Parking:
Condition 10 of 72SN0023 requires a minimum of twenty (20) feet between structures and
any private entrances, drives and parking areas. Currently, the Ordinance requires a twenty-
five (25) foot setback for buildings from private drives and fifteen (15) feet from parking
spaces. Several buildings have been constructed with setbacks between fourteen (14) and
nineteen (19) feet. Deletion of Condition 10 would be appropriate.
CONCLUSION
The project, which has been in operation for approximately thirty (30) years, has had no apparent
adverse impacts resulting from the deviation in conditions of zoning. Further, the existing parking
space sizes conform to current Ordinance requirements and the Virginia Uniform Statewide
Code insures appropriate spacing between structures.
Given these considerations, approval of this request is recommended thereby deleting Conditions
6, 9 and 10 and amending Conditions 4 and 5 of Case 72SN0023, as noted herein.
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07SN0228-FEB14-BOS
CASE HISTORY
Planning Commission Meeting (1/16/07):
Mr. Wilson declared a conflict of interest.
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended
approval subject to the conditions on page 2.
AYES: Messrs. Gecker, Gulley, Bass and Litton.
ABSENT: Mr. Wilson.
The Board of Supervisor, on Wednesday, February 14, 2007, beginning at 6:30 p.m., will take
under consideration this request.
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07SN0228-FEB14-BOS
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