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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0274
Glenn White
September 24, 2008 BS
Matoaca Magisterial District
Northwest quadrant of Hull Street and Cosby Roads
RE VEST: Conditional Use to permit mulch sales in an Agricultural (A) District.
PROPOSED LAND USE:
A mulch sales business is currently operated on the property without the requisite
Conditional Use. A Conditional Use is requested to bring the use into compliance
with the Ordinance. With approval of this request, permitted uses would be limited
to a mulch sales business.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land use does not conform to the Upper Swift Creek Plan which
suggests the property is appropriate for office/residential mixed use.
B. The proposed land use is not representative of, nor compatible with, existing and
anticipated area development.
C. The request fails to address transportation concerns relative to right of way
dedication along Hull Street Road.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS AND BOS NOTE. 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 Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or
assigns, proffers that the development of the property known as Chesterfield County Tax ID 716-
671-6919 will be developed as set forth below; however, in the event the request is denied or
approved with conditions not agreed to by the Applicant, these proffers and conditions shall be
immediately null and void and of no further force or effect.
(CPC) 1. This Conditional Use shall be granted for a period not to exceed thirty-six
(36) months from date of approval and shall not be transferable or run
with the land. (P)
(CPC) 2. This Conditional Use shall be limited to the sale of mulch, exclusively.
(P)
(CPC) 3. The use shall not be open to the public between 6:00 p.m. and 8:00 a.m.
~P)
(CPC) 4. There shall be no additional buildings erected on the property for this use.
~P)
(CPC) 5. There shall be no direct vehicular access to Hull Street Road. (T)
(CPC) 6 Views of the mulch storage areas from Hull Street Road shall be
minimized with the installation of Perimeter Landscaping C incorporating:
1) a single row of large evergreen trees planted ten (10) feet on center with
a minimum height of six (6) feet at time of planting and 2) a decorative
three rail fence a minimum of four feet in height. (P)
(CPC) 7. Views of the mulch storage areas from Cosby Road shall be screened with
the installation of a privacy fence, a minimum of six (6) feet in height. (P)
(CPC) 8. A landscape plan depicting the requirements of Proffered Conditions 6 and
7 shall be submitted to the Planning Department within forty-five (45)
days of approval of the Conditional Use. The execution of this approved
plan shall occur no later than Fall, 2008. (P)
2 08SN0274-SEP24-BOS-RPT
GENERAL INFORMATION
T ,~cati nn
Northwest quadrant of the intersection of Hull Street and Cosby Roads. Tax ID 716-671-
Part of 6919.
Existing Zoning:
A
Size:
1.3 acres
Existing Land Use:
Single family dwelling (vacant) and mulch sales business
Adjacent Zoning and Land Use:
North - A and A with Conditional Use; Single family residential, commercial or
public/semi-public
South - C-3 with Conditional Use Planned Development, I-l, A and R-TH; Multifamily
residential or vacant
East - C-3 with Conditional Use; Vacant
West - A; Vacant
T 1TTT ,TTTF,~
Public Water System:
The request site is within the Clover Hill Water Pressure Zone. There is an existing twenty-
four (24) inch water line extending along the north side of Hull Street Road within an
easement across the request site. In addition, there is an existing eight (8) inch water line
extending along the north side of Cosby Road, opposite the northern boundary of this site.
The existing structure is connected to the public water system. Use of the public water
system is required by county code for any future development of this site.
Public Wastewater System:
The request site is within the Upper Swift Creek Sewer Service Area. There is an existing
twenty-one (21) inch wastewater trunk line extending along West Branch of Swift Creek
approximately 3,000 feet north of this site.
3 08SN0274-SEP24-BOS-RPT
The request site is located within the Upper Swift Creek Plan geography. Use of the
public wastewater system is required by county code. There is an existing unoccupied
dwelling on site that is served by a private septic system. Use of this structure or any
future structure in conjunction with the mulch sales business will require use of the public
wastewater system.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains in several directions, both north and south through intermittent
streams to tributaries of Swift Creek Reservoir. There are currently no known on-or off site
drainage or erosion problems and none are anticipated.
PUBLIC FACILITIES
Fire Service:
The Clover Hill Fire Station Number 7 currently provides fire protection and emergency
medical service. This request will have a minimal impact on Fire and EMS.
Transportation:
The property is 1.3 acres located on the north side of Hull Street Road (Route 360) at the
Cosby Road intersection. The applicant is requesting a Conditional Use that will permit
operation of a mulch business. Trip generation rates are not available for this use;
however, staff anticipates that the traffic generated by this request will be minimal. This
traffic will be distributed to Hull Street Road via Cosby Road. Hull Street Road in this
area had a 2007 estimated daily traffic count of 22,3 50 vehicles per day and was
functioning at a Level of Service A. Because the applicant has not proffered to dedicate
right of way Route 3 60 as detailed below, the Transportation Department cannot support
t is request.
The Thoroughfare Plan identifies Route 3 60 as a maj or arterial with a recommended right
of way width of 120 to 200 feet. When asked, the applicant was not willing to dedicate
right of way in accordance with this Plan. Along Route 360 in this area,100 feet of right
of way, measured from the centerline of the road adjacent to the property, should be
dedicated to the county.
Access to major arterials, such as Route 360, should be controlled to limit conflict points
and help maintain acceptable levels of service. The property can be accessed via Cosby
Road; therefore, access to Route 360 should be precluded. The applicant has proffered to
preclude vehicular access to Route 360. (Proffered Condition 5)
VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Analysis
requirements, have been enacted. At this time, it is uncertain what impact VDOT's
4 08SN0274-SEP24-BOS-RPT
regulations will have on the development process or upon zonings approved by the
county. The applicant has indicated that this request does not warrant a Chapter 527
Traffic Impact Analysis.
VDOT's Access Management Regulations were enacted on July 1, 2008 and currently
apply to roads that are classified by VDOT as Principal Arterials, such as Route 360. It is
unclear what impact these regulations will have on development of the property.
Because the applicant has not proffered to dedicate right of way along Route 360, the
Transportation Department cannot support this request.
T,ANn TIFF,
Comprehensive Plan:
On June 25, 2008, the Board of Supervisors adopted amendments to the Upper Swift
Creek Plan. These amendments addressed levels of service standards for schools, fire
and emergency services; road infrastructure needs; water quality; and a growth
management boundary.
This application was filed prior to the Board's adoption of the amended Plan. As such,
staff's evaluation of this request is based upon the previous Upper Swift Creek Plan in
effect prior to these amendments. This previous Plan suggests the property is appropriate
for office and residential uses of varying densities. The Plan suggests that commercial
services should be provided at major intersections with transitional uses, such as office
and higher density residential between those commercial nodes.
Area Development Trends:
Properties to the north are zoned Agricultural (A) and A with Conditional Use and are
occupied by a single family residence, a commercial sports park or communications tower.
Properties to the south are zoned Community Business (C-3), Light Industrial (I-1),
Residential Townhouse (R-TH) and Agricultural (A) and are occupied by the Alta Sterling
Apartments project or remain vacant. Community Business (C-3) property to the east and
Agricultural (A) properties to the west are currently vacant. It is anticipated that future
development/redevelopment of agriculturally-zoned properties around this intersection of
Hull Street and Cosby Roads would be in the form of office or residential uses, providing
transition between the commercial nodes located at Woodlake Village Parkway and
Otterdale Road consistent with the recommendations ofthe Plan.
Uses and Operation:
A mulch sales business is currently operated on the property. Proffered Conditions 1 and 2
limit the use to a mulch sales business for a period of thirty six (36) months from
Conditional Use approval.
5 08SN0274-SEP24-BOS-RPT
Proffered Condition 4 indicates that no additional buildings will be located on the property
to serve this use. Staff has visited the property and noted that the current operation consists
of mulch storage, parking of vehicles to include delivery trucks, storage of equipment and a
small portable office building. This proffered condition would allow for continued use of the
portable office building as well as the conversion of the existing dwelling located on the
Property for business purposes. Further, this proffer does not restrict the area and amount of
property devoted to mulch storage.
Hours of operation have also been limited. (Proffered Condition 3)
Development Standards:
The subject property is located in an Agricultural (A) District and hence is not subject to the
Emerging Growth District Standards of the Zoning Ordinance. The purpose of the
Emerging Growth District Standards is to promote high quality, well-designed projects.
These standards include access, landscaping, parking, architectural treatment, setbacks,
signs, buffers, utilities, screening of outside storage, dumpsters and loading areas and
lighting.
With the exception of screening of mulch storage areas from Cosby Road, as discussed
herein, the applicant has not proffered compliance with these Energy Growth District
standards. As such, the design and quality of this use and any associated improvements has
not been addressed.
Outside Storage:
As previously noted, the applicant's business incorporates the storage of mulch. The
applicant has proffered to screen the view of mulch storage areas from Cosby Road, but has
offered only to minimize such views from Hull Street Road with landscaping and a
decorative fence (Proffered Conditions 6, 7, and 8). Minimizing views of outside storage is
inconsistent with screening standards applicable to other commercially-zoned development
in this area.
Site Design:
As previously noted, the property is currently occupied by a mulch business without
appropriate zoning and plans review. As such, it will be necessary to bring the site into
compliance with Ordinance and conditions of zoning requirements subsequent to any zoning
approval.
CONCLUSION
The proposed commercial use does not conform to the Upper Swift Creek Plan which suggests
the property is appropriate for office and residential uses of varying densities. The Plan suggests
that commercial services should be provided at major intersections with transitional uses, such as
office and higher density residential between those commercial nodes.
6 08SN0274-SEP24-BOS-RPT
The proposed land use is not representative of, nor compatible with, existing and anticipated area
development. Further, the lack of proffered development standards consistent with other
commercially-zoned projects could set a precedent for similar requests along the Corridor.
The request fails to address transportation concerns relative to right of way dedication on Hull
Street Road.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/19/08):
The applicant accepted the Commissions recommendation but did not accept Staff s
recommendation. There was no opposition present.
Mr. Bass noted that proffered conditions insures that the use will be temporary limits
improvements and provides site enhancements with landscaping.
On motion Mr. Bass, seconded by Mr. Hassen, the Commission recommended approval
and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Bass, Brown, Hassen, and Waller.
The Board of Supervisors, on Wednesday, September 24, 2008, beginning at 6:30 p.m., will take
under consideration this request.
7 08SN0274-SEP24-BOS-RPT
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