00SN0262-Feb28H.pdfFebruary 28, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0262
(AMENDED)
Melvin L. Fisher
Bermuda Magisterial District
East line of Jefferson Davis Highway
REQUEST:
Rezoning from Community Business (C-3) to Agricultural (A) with Conditional
Use to permit Cormnunity Business (C-3) uses plus display sheds, garages, carports
and houses sales including "shell" houses sales, a General Business (C-5) use.
PROPOSED LAND USE:
The expansion of an existing adjacent business (retail sale of display buildings and
structures) is planned. However, with approval of this request, Community
Business (C-3) uses would also be permitted.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reason:
Approval of the Conditional Use for a limited time period will allow expansion of an
existing use and continuation of that use until such time as market demands support
aggregation of parcels and redevelopment for mixed uses which serve a regional market,
consistent with the recommendations of the Jefferson Davis Corridor Plan.
(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
(STAFF/CPC) 1.
Prior to any final site plan approval, sixty (60) feet of right of way
on the east side of Route 1/301, measured from the centerline of
that part of Route 1/301 immediately adjacent to the property, shall
be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
(STAFF/CPC) 2.
No direct access shall be provided from the property to Route 1/301
or Pinehurst Street. (T)
(STAFF/CPC) 3.
Uses permitted shall be limited to those uses permitted by right or
with restrictions in the Community Business (C-3) District plus the
following additional use:
Display sheds, garages, carport and houses sales including "shell"
houses sales, subject to the following restrictions.
This use shall be granted for a period not to exceed ten (10)
years from the date of approval and shall be limited to
Melvin L. Fisher's use only and shall not be transferable nor
run with the land.
b. No goods shall be produced on the premises for retail sale.
All display areas, buildings, drives and parking areas shall
have a minimum twenty-five (25) foot setback from the
ultimate right of way of Route 1/301. Within this setback,
landscaping shall be provided in accordance with Zoning
Ordinance requirements for perimeter landscaping B.
d. Compliance with Proffered Condition 4.
The only improvements permitted shall be the placement of
display sheds, garages, carports and shell houses for sale,
driveways, parking areas and required landscaping as stated
herein; provide that the display sheds, garages, carports and
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(STAFF/CPC) 4.
Location:
shell houses for sale are self-supporting or self contained
units without permanent foundations that are capable of
being easily removed intact from the site. (P)
Those uses permitted by this Conditional Use shall be developed in
accordance with Zoning Ordinance requirements for the Jefferson
Davis Highway Corridor. (P)
GENERAL INFORMATION
Lies on the east line of Jefferson Davis Highway, the south line of Pinehurst Street and is
located in the southeast quadrant of the intersection of these roads. Tax ID 795-664-7592,
795-665-6610, 7102 and 8407 (Sheet 26).
Existing Zoning:
Size:
Community Business (C-3)
1.2 acres
Existing Land Use:
Vacant
Acl)acent Zoning and Land Use:
North - C-5; Single family residential or vacant
South - C-3; Commercial or single family residential
East - R-7; Single family residential
West - I4; office/warehouse
UTILITIES
Public Water System:
There is an existing twenty-four (24) inch water line extending along the northeast side of
Jefferson Davis Highway adjacent to the request site. In addition, there is an existing six
(6) inch water line along a portion of Pinehurst Street adjacent to the northeast comer of
the request site. Use of the public water system is required by County Code.
3 00SN0262/WP/FEB28H
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along Elokomin Avenue
adjacent to the request site. Use of the public wastewater system is required by County
Code.
ENVIRONMENTAl,
and Erosion:
The property drains in two (2) directions; a small portion toward Jefferson Davis Highway
and the remainder to the south and eventually into Proctor's Creek. There are no known
on- or off-site drainage or erosion problems.
PUBLIC FACILITIES_
Fire Service:
This property is currently served by the Dutch Gap Fire/Rescue Station, Company Number
14 and Bensley-Bermuda 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.
Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on fast food with drive-through window trip rates,
development could generate approximately 1,670 average daily trips. These vehicles will
be distributed along Route 1/301 which had a 1997 estimated traffic count of 24,690
vehicles per day.
The Thoroughfare Plan identifies Route 1/301 as a major arterial with a recommended
right of way width of 120 to 200 feet. The applicant has proffered to dedicate sixty (60)
feet of right of way, measured from the centerline of Route 1/301, in accordance with that
Plan. (Proffered Condition 1)
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal circulation (Division 5).
The Jefferson Davis Highway Corridor Plall suggests regional mixed use for the area in
the northeast quadrant of the Route 288/Route 1 Interchange. In 1996, the County
developed a Conceptual Access Plan for development of that area. The Conceptual Access
4 00SN0262/WP/FEB28H
Plan reconunends construction of a major access road to Route 1/301 approximately
midway between Pinehurst Street and Melha Street. The access plan also recommends that
Pinehurst Street and Melba Street be closed at their intersections with Route 1/301. The
subject property is located at the intersection of Route 1/301 and Pinehurst Street. The
applicant has proffered that no direct access will be provided from the subject property to
Pinehurst Street. (Proffered Condition 2)
Access to major arterials, such as Route 1/301, should be controlled. The applicant
operates the commercial development located on the adjacent property to the south. The
existing development provides for the display and sale of manufactured storage buildings,
gazebos, etc. The applicant intends to expand the display area of that business onto the
subject property. Therefore, the applicant has also proffered that no direct access should
be permitted from the subject property to Route 1/301. Access to Route 1/301 can be
provided through the access that currently serves the existing commercial development on
the adjacent property to the south.
The property is located within the Jefferson Davis Highway Enterprise Zone. Based on
the Board of Supervisors' Policy regarding development within the Enterprise Zone, road
improvements may be required by the Virginia Department of Transportation but will not
be required by the County.
At time of site plan review, specific recommendations will be provided regarding internal
circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Jefferson Davis Corridor Pllala which suggests the
property is appropriate for a mix of commercial, office and light industrial uses that serve
a regional market.
One of the commercial revitalization strategies of the Plan is to target critical entrances or
"gateway" locations along the corridor to unify development efforts and shape community
identity. Such consolidation and coordination of development provides opportunities for
site design and access control and precludes the typical strip development pattern
experienced along portions of Jefferson Davis Highway.
5 00SN0262/WP/FEB28H
Area Development Trends:
Properties to the north, east and southeast of the subject parcels are currently zoned
General Commercial (C-5), Residential (R-7) and Co~mnunity Business (C-3) and are
developed for single family residential uses or are vacant. Property to the south is zoned
Community Business (C-3) as is occupied by the applicant's existing retail sales business
(display buildings). Property to the west is zoned Light Industrial (I-1) and is developed
for office/warehouse uses. Located west of 1-95 and north of the Route 288/Jefferson
Davis Highway interchange, it is anticipated that the pressure for non-residential
development will increase with the future extension of Route 288 into Henrico County.
Property to the south of the subject parcels is zoned Community Business (C-3) and is
currently occupied by the applicant's business, which is the retail sale of display buildings
and structures (Tax ID 795-664-7984). At the time this business was established, the
property was zoned Community Business (B-2) which permitted the sale and continuous
outside display of storage buildings. Subsequent amendments to the Zoning Ordinance
established this use as permitted in the General Business (C-5) District. As a result, the
applicant's current operation on this adjoining property is considered a non-conforming
use. Further, in 1994, the applicant received Variances to locate these displayed items at
the front property line along Jefferson Davis Highway and approximately seven (7) feet
from the rear lot line. (94AN0106)
Site Design:
The request property lies within a Highway Corridor District. Development standards for
this district are applicable only to properties zoned office, commercial or industrial. The
applicant has proffered that should the subject property be rezoned to Agricultural (A),
development will conform to the requirements of the Zoning Ordinance for the Jefferson
Davis Highway Corridor which address access, parking, landscaping, architectural
treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas,
except as further restricted by proffered conditions (Proffered Conditions 3.d and 4).
Specifically, should the property be used for the retail sale of display buildings and
structures, proffered conditions would require landscaped setbacks from the ultimate right
of way of Route 301 for display areas, buildings, drives and parking (Proffered Condition
3.c). Currently, the Zoning Ordinance does not require setbacks for such improvements
nor landscaping along public roads other than limited access roads.
Architectural Treatment:
Based on compliance with Jefferson Davis Highway Corridor standards, Architectural
treatment of permanent buildings, including materials, color and style, must be compatible
6 00SN0262/WP/FEB28H
with buildings located within the same project. Compatibility may be achieved through the
use of similar building massing, materials, scale, colors and other architectural features.
(Proffered Condition 4)
Further, based upon current Ordinance standards and Proffered Condition 4, no permanent
buitding's exterior which would be visible to any public right of way can be constructed
of unadorned concrete block or corrugated and/or sheet metal.
Based on current Ordinance requirements and Proffered Condition 4, all junction and
accessory boxes must be minimized from view of adjacent property and public rights of
way by landscaping or architectural treatment integrated with the building served.
Mechanical equipment, whether ground-level or rooftop, must be screened from view of
adjacent property and public rights of way and designed to be perceived as an integral part
of the building.
Uses:
The applicant has submitted a proffered condition limiting the uses permitted on the
property to those uses permitted by right or with restrictions in the Community Business
(C-3) District as well as the sale of display sheds, garages, carports and houses sales
including "shell" houses sales. (Proffered Condition 3)
To ensure that the use of the property for the retail sale of display buildings and structures
is of a temporary nature, proffered conditions limit such use to the applicant only, for a
maximum period of ten (10) years. Further, permitted improvements will be limited and
display units must be self-supporting or self-contained without permanent foundations for
easy removal from the property. No goods can be produced on the property for retail sale,
thereby limiting the scale of this type operation to the sale of preconstructed units.
(Proffered Conditions 3.a, 3 .b and 3.e
Buffers and Screening:
Currently, the Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters,
garbage cans, trash compactors, etc.) on property which is adjacent to an A, R, R-TH or
R-MF District be screened from view of such district by a masonry or concrete wall which
is constructed of comparable materials to and designed to be compatible with the principal
building that such area serves. Solid waste storage areas must be screened from view of
public rights of way and other adjacent properties by a solid wall, fence, dense evergreen
plantings or architectural feature and such area within 1,000 feet of any A, R, R-TH or R-
MF Districts cannot be serviced between the hours of 9:00 p.m. and 6:00 a.m.
7 00SN0262/WP/FEB28H
In addition, sites must be designed and buildings oriented so that loading areas are
screened from any property where loading areas are prohibited and from public rights of
way.
With the approval of this request and acceptance of Proffered Condition 3, outside storage
would be limited to ten (10) percent of the gross floor area of the principal use. Outside
storage areas must be screened from view of adjacent properties on which such uses are
not permitted or do not exist and public rights of way.
CONCLUSIONS
Although the Jefferson Davis Corridor Plan suggests the property is appropriate for a mix of uses
to include commercial, office and industrial development, the Plan suggests that new conunercial
activity should be aggregated to accommodate a sufficient project size, design and location to serve
a regional market. Such consolidation and coordination of development provides opportunities
for site design and access control and precludes the typical strip development pattern experienced
along portions of Jefferson Davis Highway.
One of the commercial revitalization strategies of the Plan is to target critical entrances or
"gateway" locations along the corridor to unify development efforts and shape community
identity. Located west of 1-95 and north of the Route 288/Jefferson Davis Highway interchange,
this property has been identified as one of these important locations. With the future extension
of Route 288 into Henrico County, it is anticipated that the pressure for non-residential
development will increase, making parcel assemblage a key to the long term viability of the Route
288 interchange and Jefferson Davis Highway.
In addition to the uses currently permitted under the existing Community Business (C-3)
designation, this proposal permits the temporary location of a General Business (C-5) use on the
property. The proffered conditions limit the scale, character and the permanency of the operation,
thereby reserving the redevelopment potential of the property. Given the time limitation for this
C-5 use, through the renewal process the continued use of this operation will be evaluated with
respect to the extension of Route 288 "ripening" the area for large-scale coordinated development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (7/18/00):
At the request of the applicant, the Commission deferred this case to September 19, 2000.
8 00SN0262/WP/FEB28H
Staff (7/19/00):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 24, 2000 for consideration at the September 19,
2000, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be
paid prior to the Commission's public hearing.
Applicant, Staff and Bermuda District Commissioner (7/28/00):
A meeting was held to discuss the proposal. Issues discussed included amending the
application to request temporary use of the property for the retail sale of display buildings
and structures only, and transportation concerns relative to access control and right of way
dedication along Route 1/301.
Applicant (9/12/00):
The deferral fee was paid.
Planning Commission Meeting (9/19/00):
Proffered conditions were submitted in an effort to address concerns expressed by stuff and
the Bermuda District Commissioner at the meeting on July 28, 2000.
The applicant did not accept staff's recommendation. There was no opposition present.
The Commission expressed concerns relative to the applicant's late submittal of the
proffered conditions resulting in both the staff's and the Commission's inability to
thoroughly review this information prior to the public hearing.
At the request of the applicant, the Commission deferred this case to November 16, 2000,
to provide time to review the proffered conditions.
Staff (9/20/00):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 25, 2000, for consideration at the November
16, 2000, public hearing. Also, the applicant was advised that a $150.00 deferral fee must
be paid prior to the Commission's public hearing.
9 00SN0262/WP/FEB28H
Applicant (10/20/00):
At the request of staff, revised proffered conditions were submitted to clarify the intent and
to insure the enforceability of these conditions. Also, the deferral fee was paid.
Plmming Commission Meeting (11/16/00):
The Commission, on their own motion, deferred this case to January 16, 2001, to allow
the applicant an opportunity to amend the request.
Staff (11/17/00):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 27, 2000, for consideration at the January 16,
2001, public hearing.
Applicant (12/7/00 and 12/15/00):
The request was amended to seek rezoning of the property to Agricultural (A) with a
Conditional Use and revised proffered conditions were submitted, as discussed herein.
Planning Commission Meeting (1/16/01):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Cunningham, seconded by Mr. Litton, the Conunission recommended
approval of this request and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unan/mous.
The Board of Supervisors, on Wednesday, February 28, 2001, beginning at 7:00 p.m., will take
under consideration this request.
10 00SN0262/WP/FEB28H
V
C-3
ZC
8-5 v
A
I-1
I-1
ST
A
R-7
0 600 Feet
C-3 ~
I-1
~ RT 2
Case #: 00SN0262 (AMENDED)
Rezoning: C-3 TO A w/C.U.
Sheet #: 26