00SN0100.pdfOctober 27, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0100
Fridley's Welding Service
Bermuda Magisterial District
7708, 7712 and 7716 Jefferson Davis Highway
REQUEST: Amendment to rezoning (Case 98SN0115) to allow an underground utility use (septic
drainfield) to be located in a required buffer.
PROPOSED LAND USE:
A private septic drainfield to serve uses located on the property has been installed within
a required buffer which violates conditions of zoning approval.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2. RECOMMEND
THAT THE PROFFERED CONDITION ON PAGES 2 AND 3 NOT BE ACCEPTED.
STAFF RECOMMENDATION
Recommend approval subject to the follow'rog condition. Recommend that the proffered condition not be
accepted. These recommendations are made for the following reasons:
The public wastewater system is not readily available to the request property and it has
been determined that the current location of the septic drainfield is the only site on the
property having soils suitable for a private septic system. Therefore, the private septic
system within the buffer is supportable, provided that if the private system fails or needs
repairs, connection to the public system should be required if such improvements
necessitate disturbance of the buffer.
The conditions of approval of Case 98SN0115 and the condition recommended herein
ensure use of the public wastewater system should the private system require repairs
necessitating disturbance of the buffer or replacement or when the public system is
available.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE
PROPERTY OWNER MAY PROFFER OTHER 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.)
CONDITION
(STAFF/CPC)
A minimum twenty-five (25) foot buffer shall be maintained along the westem
property boundary adjacent to the Taw Street right-of-way except as stated
herein, this buffer shall conform to the requirements ofthe Development Standards
Manual for buffers, Sections 19-521 and 19-522. However, a septic drainfield
system shall be permitted to be located withinthis buffer. In the event the septic
system fails or needs repairs and such improvements necesskate disturbance of the
buffer, the public wastewater system shall be extended to serve the ske. (P & U)
(Notes: A.
This condition supersedes Condition 1 of Case
98SN0115. All other conditions of Case 98SN0115
remain in effect.
Proffered Condition 3 of Case 98SN0115 requires the
use of the public wastewater system when a public line is
in place and operational on the westem skte of Jefferson
Davis Highway and is within 200 feet of the request ske.
With the approval of this amendment, should the septic
system fail or need repairs and improvements necessitate
disturbance of the buffer, the public wastewater system
must be extended to serve this site, regardless of the
public line's distance from the subject property.)
PROFFERED CONDITION
A minimum twenty-five (25) foot buffer shall be maintained along the western property boundary
adjacent to the Taw Street right-of-way. This buffer shall conform to the requirements of the
Zoning Ordinance for buffers, Section 19-521 and 19-522. However, a septic drainfield system
shall be permitted to be located within this buffer. In the event that the septic system becomes
inoperable and, in the opinion of the Chesterfield County Health Depamnent, requires replacement,
the Owner/Developer shall extend the public wastewater system to serve this site. (P & U)
2 00SN0100/WP/OCT270
GENERAL INFORMATION
Location:
Fronts the west line of Jefferson Davis Highway, north of Congress Road and better known as
7708, 7712 and 7716 Jefferson Davis Highway. Tax ID 791-677-4189, 4284 and 4379 (Sheet
18).
Existing Zoning:
C-5
Size:
1.0 acre
Existing Land Use:
Commercial
Adjacent Zoning & Land Use:
North - C-3; Vacant (Zoning Case Pending - 99SN0164)
South - C-3; Commercial
East - C-3; Mobile home park
West - R-7; Vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along Jefferson Davis Highway, adjacent to
the request site. Use of the public water system is required by County Code.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector in Gayland Avenue, approximately 675 feet
northeast of the request site. In addition, there is an existing eight (8) inch wastewater collector in
Noel Street, approximately 780 feet southeast of the request site.
Proffered Condition 3 of Case 98SN0115 requires use of the public wastewater system at such
time as a public sanitary sewer line is in place and operational on the western side of Jefferson
3 00SN0100/WP/OCT270
Davis Highway (U.S. Route 1 and 301) and is within 200 feet of the request site. This condition
would remain in effect with approval ofthis case. In addition, the recommended condition would
require connection to the public system should the septic system fail or need repairs and
improvements necessitate disturbance of the buffer regardless of the public line's distance from the
site (Condkion).
Private Septic System:
Use of a private septic system has been approved by the Health Depamnent. The Health
Depamnent has indicated that installation of the buffer on the drainfield is acceptable.
ENVIRONMENTAL
The requested amendment will have no impact on drainage facilkies.
PUBLIC FACILITIES
The requested amendment will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the property and
adjacent property to the north and south are appropriate for general commercial use.
Area Development Trends:
Area properties to the west have been zoned and developed for single family residential uses or
remain vacant. Properties to the north, south and east are zoned and developed for commercial
uses or remain vacant, k is anticipated that area properties fronting Jefferson Davis Highway will
continue to be used and developed for commercial purposes while property to the west is expected
to continue to develop for residential uses.
Zoning History:
On May 27, 1998, the Board of Supervisors approved rezoning from Community Business (C-3)
to General Business (C-5) of the request property (Case 98SN0115). With the approval of Case
98SN0115, conditions were accepted and imposed to ~ze the impact of the uses on adjacent
residential development. Among the approved conditions was a buffer along the western property
boundary. This buffer was to comply with Ordinance requirements for buffers which prohibks
4 00SN0100/WP/OCT270
utilities, except those that nm generally perpendicular through the buffer, from encroaching into the
buffer.
Site Design:
The request property lies within the Jefferson Davis Highway Northern Area Post Development
Area. Redevelopment of the ske or new construction must conform to the development standards
of the Zoning Ordinance which address access, parking, landscaping, architectural treaunent,
setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. In addition,
conditions of approval for Case 98SN0115 and requirements of the Zoning Ordinance further
address development standards.
Buffers:
Adjacent property to the west is zoned Resktential (R-7) and is vacant. Conditions of approval
for Case 98SN0115 require a buffer along the western property boundary of the request site,
adjacent to the Taw Street right of way. The applicant has violated this condkion by installing a
septic drainfield within the buffer. This buffer was intended to provkte some protection of future
residential development from commercial uses on the request property. The applicant and Health
Deparnnent gave indicated that the only site on the property where soils are suitable for a septic
drainfield is within the buffer.
CONCLUSIONS
The public wastewater system is not readily available to the request property and it has been determined
that the current location of the septic drainfield is the only site on the property having soils suitable for a
private septic system. Therefore, the private septic system within the buffer is supportable, provided that
if the private system fails or needs repairs, connection to the public system should be required if such
improvements necessitate disturbance of the buffer. (Condition)
The applicant' s proffered condkion would not require connection to the public system unless the private
system needs replacement. Repairs that could involve disturbance of the buffer would be permitted by the
applicant's proffer (Proffered Condition). One of the reasons that the Ordinance restricts utility location
in buffer is to m~ze future disturbance of the landscaped area. Adjacent resklents should be provided
some protection from future disturbances of the buffer so as to guarantee that once the buffer reaches
maturity it will be maintained in that state. (Condition)
The conditions of approval of Case 98SN0115 and the condition recommended herein ensure use of the
public wastewater system should the private system require repairs necessitating disturbance of the buffer
or replacement or when the public system is available.
Therefore, approval of this request is recommended, subject to recommended condition in lieu of
acceptance of the proffered condition.
5 00SN0100/WP/OCT270
CASE HISTORY
Planning Commission Meeting (9/21/99):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended approval
of this request subject to the condition on page 2 and that the proffered condkion on pages 2 and
3 not be accepted.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, October 27, 1999, beginning at 7:00 p.m., will take under
consideration this request.
6 00SN0100/WP/OCT270
A
Case: 00SNO100
AMEND. COND.
Sheet#: 18
OOS~OlO0
In Bermuda Magisterial District, FRIDLEY'S WELDIN~ SERVICE
requested amendment to rezoning (Case 98SN0115) and
amendment of zoning district map to allow an underground
utility use (septic dralnfleld) to be located within a
10/27/99 99 857
required buffer. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
general commercial use. This request lies in a General
Business (C 5) District on 1.0 acre and is known as 7708,
7712 and 7716 Jefferson Davis Highway. Tax ID 791 677 4189,
4284 and 4379 (Sheet 18).
Mr. Jacobson presented a summary of Case 00SN0100 and stated
that the Planning Commission and staff recommend approval
subject to one condition in lleu of acceptance of the
proffered condition regarding a buffer.
Mr. Dean Hawkins, representing the applicant, stated that
the recommendation is acceptable.
There was no opposition present.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved Case 00SN0100 subject to the following condition:
A minimum twenty five (25) foot buffer shall be maintained
along the western property boundary adjacent to the Taw
Street right of way except as stated herein, this buffer
shall conform to the requirements of the Development
Standards Manual for buffers, Sections 19 521 and 19 522.
However, a septic drainfield system shall be permitted to be
located within this buffer. In the event the septic system
fails or needs repairs and such improvements necessitate
disturbance of the buffer, the public wastewater system
shall be extended to serve the site. (P & U)
(Notes: A. This condition supersedes Condition 1 of Case
98SN0115. Ail other conditions of Case
98SN0115 remain in effect.
B. Proffered Condition 3 of Case 98SN0115
requires the use of the public wastewater
system when a public llne is in place and
operational on the western side of Jefferson
Davis Highway and is within 200 feet of the
request site. With the approval of this
amendment, should the septic system fail or
need repairs and improvements necessitate
disturbance of the buffer, the public
wastewater system must be extended to serve
this site, regardless of the public line's
distance from the subject property.)
And, further, the Board did not accept the proffered
condition to maintain a minimum twenty five foot buffer.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale
Nays: None.
10/27/99 99 858