02SN0109-Dec19.pdfx~"e~- 2n, ~OOl ~
December 19, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0109
Tascon Group, Inc.
Midlothian Magisterial District
West line of Le Gordon Drive
REQUEST:
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 COMMISSION RECOMMENDATION
THE COMMISSION IS SCHEDULED TO CONSIDER THIS CASE ON DECEMBER 18, 2001.
STAFF WILL ADVISE OF THE COMMISSION'S ACTION ON DECEMBER 19, 2001.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
mo
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 commercial development
located to the north along Midlothian Turnpike and future commercial development
Providing a FIRST CHOICE Community Through Excellence in Public Service
to be located south along North Woolridge Road and further depicted on the attached
Conceptual Land Use Plan.
The application fails to provide for the typical development standards necessary to
insure a quality higher density development with amenities.
Co
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 area single
family residential neighborhoods 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 Public Facilities Plan and FY 2002-2007 Capital Improvement Program 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.
E. The application fails to comply with the Thoroughfare Plan.
Fo
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. 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.)
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
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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 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 unit to the
County of Chesterfield, prior to the time of issuance of a building permit, for each new
dwelling unit for infrastructure improvements within the service 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 from 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. A minimum of 0.75 acres of open space/recreation area shall be provided
on the property in an area adjacent to the entrance road as generally depicted on the Tascon
Development Master Plan, prepared by Joseph, Cox & Associates, Inc., revised September 5,
2001 ("Master Plan"), to provide a "focal point" near the entrance to the project. Part of the
area shall be "hardscaped" and have benches and 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 veneer, composition siding,
and 20-year asphalt roof shingles. Development 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. The location of roads, access,
driveways and parking areas need not be exactly as shown on the Master Plan; however, the
3 02SN0109/WP/DEC 19I
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. (P)
5. Public Utilities. The public water and waste water systems shall be used. (U)
o
Restriction on Children's Play Facilities. The common area recreational amenities shall not
include playground equipment, play fields or other facilities primarily associated with
children's play. Adult facilities including, but not limited to, swimming pools, putting
greens, shuffleboard, tennis courts, picnic and barbecue areas and gardens shall be permitted.
(P)
o
Densi _ty. There shall be no more than one hundred sixteen (116) units developed on the
Property. (P)
o
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 shall be provided along all interior streets and
along the entrance road to LeGordon Drive 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, as
generally depicted on the Master Plan. The treatment and location of these sidewalks and the
pedestrian trail shall be approved by the Planning Department at the time of site plan review.
(P)
10.
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 requirement. The exact location, spacing,
size and species of plantings shall be approved by the Planning Department prior to final site
plan approval. (P)
11.
Landscaping. 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 Ordinance Sections 19-516 through 19-518(f). Landscaping shall be designed to:
minimize the predominance of building mass and paved areas; define private spaces; and
enhance the residential character of the development. The Planning 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)
12. Transportation.
ao
Right of Way Dedication at LeGordon Drive. Prior to the issuance of any building
permit, thirty (3 0) feet of right-of-way on the west side of LeGordon Drive, measured
4 02SN0109/WP/DEC 19I
from the centerline of that part of LeGordon Drive immediately adjacent to the
Property, shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
b0
Access to Roads. Direct access from the Property to LeGordon Drive 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
Transportation Department. No direct access shall be provided from the Property to
or from 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. (T & F)
13.
Severance. The unenforceability, elimination, revision or amendment of any proffer set forth
herein, in whole or in part, shall not affect the validity or enforceability of the other proffers
or the unaffected part of any such proffer. (P)
14.
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)
15.
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 Environmental Engineering
Department. (EE)
16.
Retention. The development must retain the 1 O-year, post-development runoff and release it
at a 1 O-year pre-development rate. (EE)
17.
Building 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 Le Gordon Drive, south of Midlothian Turnpike and at the eastern terminus of
Aldengate Road. Tax IDs 724-706-8093 and 725-707-2669 (Sheet 5).
Existing Zoning:
A
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Size:
34.5 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North
South
East
West
- C-3 with Conditional Use Planned Development; Commercial
- 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 0-2 with Conditional Use Planned Development and R-15; Vacant or
single family residential
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 an
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 fiat 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
6 02SN0109/WP/DEC 19I
continues to be adequate. The applicant has addressed the retention of the 1 O-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 are installed
(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 (SWM/BMP). Specifically, these areas will be designed and landscaped
so as to become amenities for uses developed on the property. (Proffered Condition 14)
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the FY 2002-2007 Capital Improvement Program. 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 construction by 2015 in the Plan. Based on 116 dwelling units, this request will generate
approximately twenty-one (21) 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 of a
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
7 02SN0109/WP/DEC 19I
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 in the Watkins Elementary School attendance zone: capacity - 750, enrollment
- 753; Midlothian Middle School zone: capacity - 1,260, enrollment - 1,330; and Midlothian
High School zone: capacity - 1,625, enrollment - 1,600.
This development will have an impact on the elementary, middle and high schools. There
are currently two (2) trailers 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 square
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 development 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)
Transportation:
The applicant has proffered that all dwelling units on the property will be developed as
condominiums (Proffered Condition 1). 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
8 02SN0109/WP/DEC 19I
Gordon Drive, to Midlothian Tumpike (Route 60) and Charter Colony Parkway which had
1999 traffic counts of 47,772 and 8,708 vehicles per day, respectively.
The Thoroughfare Plan identifies an east-west collector ("the East/West Collector") with a
recommended fight of way width of seventy (70) feet, extending through the property. Staff
does not support this zoning request, because the applicant is unwilling to commit to
providing the East/West Collector through the subject property. In addition, the applicant has
not committed to construction of any road improvements along Le Gordon Drive.
The Thoroughfare 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 East/West Collector that is recommended through the subject property is part
of that proposed parallel road system.
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 East/West
Collector. The East/West Collector should be continued through the subject property. The
Master Plan indicates that a large part of the subject property is encumbered by wetlands.
The alignment of the East/West Collector may need to be altered within the subject property
to avoid these wetlands.
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal circulation (Division 5). The applicant has proffered to
dedicate thirty (30) feet of right of way measured from the centerline of Le Gordon Drive
(Proffered Condition 12.a.). The applicant has also proffered to limit direct access from the
property to Le Gordon Drive. (Proffered Condition 12.b.)
In 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 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 Le Gordon Drive. To assist in addressing the traffic
9 02SN0109/WP/DEC 191
impact of this proposed development, the applicant should provide an additional lane of
pavement along Le Gordon Drive for the entire property frontage.
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
accommodate the increase in traffic generated by this development. The applicant has
proffered to contribute cash towards mitigating this impact. (Proffered Condition 2)
As previously stated, the applicant is unwilling to provide the East/West Collector through
the subject property and has not committed to any road improvements along Le Gordon
Drive. Without these commitments, the Transportation Department cannot support this
request.
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
10 02SN0109/WP/DEC 19I
$7,868 per unit. 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.
Note 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.
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 Communi _ty 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- 15) and are vacant or occupied
by single family residences many as part of the Otterdale Subdivision development.
Properties to the south are zoned Agricultural (A) and Corporate Office (0-2) and is
currently vacant. The Midlothian Area Community Plan suggests that this section along Le
Gordon Drive is appropriate for uses that provide transition from the Ivymont Shopping
Center south to the Corporate Office (0-2) parcels 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
11 02SN0109/WP~EC 19I
residential development. This transition has begun south from Midlothian Turnpike, with the
existing office zoning west and south of the subject property which abuts established low
density single family developments. Vacant property to the south of this residential area will
eventually provide the transition to the southern commercial node at Woolridge 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; however, as proffered, development will substantially conform with all
elements of the Plan. The Plan depicts thirty-three (33) condominium buildings, the mai ority
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 to
the development is provided via one (1) driveway to Le Gordon Drive and one (1) emergency
acess to Aldengate Road from Otterdale Subdivision.
Architectural Treatment:
The applicant has proffered that the architectural appearance of the dwelling units and the
clubhouse will be similar to those depicted in the elevations submitted with the application
and that materials will be brick veneer, composition 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 project. 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 similar 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 fifty (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
which exacerbates the impact of this commercial development upon the proposed project
12 02SN0109/WP/DEC 19I
should an exception to the fifty (50) foot setback be granted. 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 Screening:
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 rights of way
by a solid fence, wall, dense evergreen plantings or architectural feature, and that such area
within 1,000 feet of any residentially-zoned property or property used for residential purposes
not be serviced between the hours of 9:00 p.m. and 6:00 a.m.
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 Center) was required to
provide a twenty (20) foot buffer adjacent to the subject property, five (5) feet of which was
permitted to be cleared. The Zoning Ordinance requires a seventy-five (75) foot buffer
between (C-3) and (R-MF) Districts to be provided on the commercially-zoned tract.
Therefore, to provide for the appropriate separation between residential and non-residential
uses, the provision of a buffer on the northern boundary of the subject property adjacent to
this commercially-zoned tract may be appropriate.
Recreation and Open Space:
The Zoning Ordinance requires that not less than ten (10) percent of the gross acreage of a
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 of open space
throughout the development, the majority of which is located within wetlands. In addition,
the applicant has proffered the provision of a 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)
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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). However,
the Master Plan does not depict an area that would meet the typical standard for the
establishment of a focal point location. 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, the focal point becomes an isolated land area within a travel circle,
noted as a "Main Entrance Feature". In addition, the proposed active recreational amenities
are not centrally located within the 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 convenient
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)
An area south of the Le Gordon Drive entrance is labeled on the Plan for sidewalk
development; however, it is unclear as to the purpose of this pedestrian segment and its
linkage to the proposed sidewalk system.
Garages and Driveways:
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)
Landscaping:
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 11)
14 02SN0109/WP/DEC 19I
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 commercial development located to the north along Midlothian Turnpike and the furore
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
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.
The proffered conditions fail to provide for some of the typical amenities that will enhance the
project and guarantee a quality development. Although some of the requested exceptions to 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 given the higher density of development and the need to offset
its impact from 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
Improvement Program 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 circumstances relative to this
development which may justify acceptance of a proffer below the maximum amount.
The application fails to comply with the Thoroughfare Plan with respect to an east/west collector
road extending through the property. FreSher, the applicant has not committed to any road
improvements along Le Gordon Drive, which is ultimately planned for four (4) lanes.
Given these considerations, denial of this request is recommended.
15 02SN0109/WP~EC 19I
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, 2001, 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.
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 case 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.
16 02SN0109/WP/DEC 19I
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 18, 2001, meeting.
Staff (11/27/01):
To date, no additional information has been submitted.
If the Planning Commission acts on this case on December 18, 2001, it will be considered by
the Board of Supervisors on December 19, 2001.
The Board of Supervisors, on Wednesday, December 19, 2001, beginning at 7:00 p.m. will take
under consideration this request.
17 02SN0109/WP/DEC 191
Revised Bulk Exceptions
This request is to rezone from A to R-MF with proffered conditions and CUPD to
permit bulk exceptions to modify the following requirements:
1. a twenty-three (23) foot exception to the twenty-five (25) foot setback requirement
for structures from driveways providing access exclusively to parking areas;
2. 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;
3. a fifteen (15) foot exception to the fifteen (15) foot setback requirement for
structures from parking spaces;
4. a twenty-five (25) foot exception to the fifo/(50) setback requirement for structures from
property lines, except adjacent to 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. 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
LeGordon Drive);
b. a one (1) foot exception to the twenty-four (24) foot pavement width
requirement for interior streets; and
c. 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; and
an exception to the necessity of a second road access other than for emergency vehicle purposes.
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