09SN0100
September 16, 2008 CPC
October 22, 2008 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0100
Christian Life Worship Center
Bermuda Magisterial District
11924 and 11930 Old Stage Road and 1800and 1810 Osborne Road
REQUEST:Conditional Use to permita church in a Heavy Industrial (I-3) District.
PROPOSED LAND USE:
A church facility within an existing office/warehouse building exists.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
AYES: MESSRS. BASS, BROWN, HASSEN AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A.The land use does not conform to the Consolidated Eastern Area Plan which
suggests the property is appropriate for industrial use, specific to General
Industrial (I-2) and Heavy Industrial (I-3) Districts. One of the goals of the Plan
is to optimize economic development opportunities within areas identified as
being potential for continued industrial development, such as the Route 10/I-95
interchange. Such areas should be reserved for industrial and other employment
generating uses and should be protected from the encroachment of non-industrial
piecemeal development.
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B.One of the purposes of the Heavy Industrial (I-3) District, as identified in the
Zoning Ordinance, is to provide a location for intense manufacturing uses which
process raw materials and, as such, discouraging the location of residential, office
or commercial uses adjacent to the I-3 District based upon land use compatibility
issues.
(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 CONDITIONSRECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
(CPC)1.The Conditional Use shall be granted for a period of time not to exceed
three (3) years from date of approval. (P)
(CPC)2.Church use shall be limitedto the building located on Tax ID 802-659-
5824 and identified on the plan approved as part of Case 05SN0145.
Associated parking may be located on this or other properties which are
included as part of this request. (P)
GENERAL INFORMATION
Location:
Northwest quadrant of Osborne and Old Stage Roads and better known as 11924 and 11930
Old Stage Road and 1800 and 1810 Osborne Road. Tax IDs802-659-2721, 3919, 4660 and
5824.
Existing Zoning:
I-3
Size:
6.5 acres
Existing Land Use:
Office/warehouse or vacant
Adjacent Zoning and Land Use:
North, South, East and West – I-3; Office/warehouse, truck terminal or vacant
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UTILITIES
Public Water and Wastewater Systems:
This request will not impact the public water and wastewater systems. The existing
structure is connected to the public water and wastewater systems.Use of public water and
wastewater will be required for any future building expansion or the construction of a new
building on this site.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Dutch Gap Fire Station Number 14 and Bensley Bermuda Volunteer Rescue Squad
currently provide fire protection and emergency medical service (EMS). This request will
have a minimal impact on Fire and EMS.
Transportation:
The proposed development (church) on the industrial property will have a minimal
impact on the transportation network.
LAND USE
Comprehensive Plan:
Lies within the boundaries of theConsolidated Eastern Area Plan which suggests the
property is appropriate for industrial use.
Area Development Trends:
Surrounding properties are zoned Heavy Industrial (I-3) and are developed for
office/warehouse uses, a truck terminal or are currently vacant. It is anticipated that
moderate to heavy industrial development will continue both within the immediate area as
well as north along the CSX Railroad to the James River consistent with the
recommendations of thePlan.
Zoning History:
On January 26, 2005, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a Conditional Use on the subject property to permit a
church in a Heavy Industrial (I-3) District (Case 05SN0145). Conditions were imposed
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to insure that this would be a temporary situation until the church could afford a properly
zoned property. This Conditional Use expired January of 2008.
Site Design:
Proffered Condition 2 would limit the use to within the existing structure and associated
parking areas.
Time Limitation:
In an attempt to address concerns relative to encroachment of this use into an industrial area,
the applicant has proffered a condition to insure that the use is temporary until a properly
zoned site can be located. (Proffered Condition 1)
CONCLUSION
As noted herein, the applicants were givena Conditional Use for three (3) years with the
understanding that this would be a temporary situation. That Conditional Use expired in January
2008. There has been no indication that the church is actively seeking a site in a properly zoned
area.
The land use does not conform to the Consolidated Eastern Area Plan which suggests the
property is appropriate for industrial uses, specific to General Industrial (I-2) and Heavy
Industrial (I-3) Districts. One of the goals of the Plan is to optimize economic development
opportunities within areas identified as being potential for continued industrial development,
such as the Route 10/I-95 interchange. Such areas should be reserved for industrial and other
employment generating uses and should be protected from the encroachment of non-industrial
piecemeal development.
One of the purposes of the Heavy Industrial (I-3) District, as identified in the Zoning Ordinance,
is to provide a location for intense manufacturing uses which process raw materials and, as such,
discouraging the location of residential, office or commercial uses adjacent to the I-3 District
based upon land use compatibility issues.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/16/08):
The applicant accepted the Commission’srecommendation, but did not accept Staff’s
recommendation. There was no opposition present.
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Mr. Hassen encouraged the applicant to actively pursue a new location for the church in
anticipation of future area industrial development.
On motion Mr. Hassen, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered conditions on Page 2.
AYES: Messrs. Bass, Brown, Hassen and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, October 22, 2008, beginning at 6:30 p.m., will take
under consideration this request.
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Approved Plan - Case 05SN0145
09SN0100-1