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00SN0279-OCT25.pdfOctober 25, 2000 BS STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 00SN0279 David E. Call Bermuda Magisterial District East line of Chester Road REQUEST: Rezoning from Residential (R-7) to Agricultural (A) with Conditional Use to permit the retail sale of landscaping materials and a Conditional Use Planned Development to allow bulk exceptions. PROPOSED LAND USE: A retail sales business of landscape materials to include mulch, topsoil, sand, gravel, compost and railroad ties is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The proposed zoning and land use do not conform to the Chester Village Plan which suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. Providing a FIRST CHOICE Community Through Excellence in Public Service. B. The proposed zoning and land use do not conform to existing and anticipated area residential development. Approval of this request could establish a precedent for similar non-residential development along this portion of Chester Road. (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.) CONDITIONS (CPC) 1. The uses permitted shall be limited to the sale of mulch, topsoil, sand, compost, gravel, pine straw and railroad ties, only. (P) (CPC) 2. The use shall not be open to the public between 6:00 p.m. and 8:00 a.m. Monday through Saturday and shall not be open to the public before 12:00 noon or after 4:00 p.m. on Sunday. (P) (CPC) 3. The Conditional Use and Conditional Use Planned Development shall be granted to and for Mr. David E. Call or J.B. Mulch only, so long as Mr. David E. Call is the majority owner ofJ. B. Mulch, and shall not be transferrable nor run with the land. (P) (CPC) 4. Fencing and Landscaping: A minimum six (6) foot high wooden fence shall be installed along the northern boundary of the property. Along the southern property boundary running eastwardly from Chester Road for a distance of twenty-five (25) feet, evergreen trees shall be installed so as to minimize the view into the site from Chester Road. At such time that Mr. Alfred L. West no longer resides at Tax ID 789-659- 3619 or no longer owns Tax ID 789-658-2287, whichever occurs first, a minimum six (6) foot high wooden fence shall be installed along the eastern boundary of the property and along the southern boundary of the property except, where landscaping is required per Condition 4.a. as stated above. The exact design and location of the fencing shall be approved by the Planning Department. The fence shall be located so as to minimize the removal of any existing vegetation around the property boundary. (P) 2 00SN0279F~VP/OCT25I (CPC) 5. In conjunction with the approval of this request, a 150 foot exception to the required 150 foot setback for buildings from Chester Road shall be granted. (P) (Note: There are currently improvements located within the right-of-way of Chester Road. Since, these improvements encroach into the right-of-way, they must be relocated.) (CPC) 6. In conjunction with the approval ofttfis request, a forty (40) parking space exception to the forty-four (44) parking space requirement and an exception to the requirement to provide gravel driveways shall be granted. Provided, however, parking spaces, the driveway to Chester Road and the driveway serving parking spaces shall be graveled with six (6) inches of#21 or 2lA stone. The exact location of the required gravel shall be approved by the Planning Department. (P) (CPC) 7. Other than a building having a maximum of 150 gross square feet, there shall be no other building permitted on the property. (P) (CPC) 8. Within sixty (60) days of approval of this request, plans depicting these requirements shall be submitted to the Planning Department for review and approval. Within sixty (60) days of the approval of plans, the required improvements shall be completed. (P) PROFFERED CONDITION (CPC) Direct access from the property to Chester Road shall be limited to one (1) entrance/exit. The location of this access shall be approved by the Transportation Department. (T) GENERAL INFORMATION Location: Fronts the east line of Chester Road, north of Wood Dale Road. Tax ID 789-658-Part of 2287 (Sheet 26). Existing Zoning: R-7 Size: 1.0 acre 3 00SN0279/WP/OCT25I Exi t~and Use: Commercial Adjacent Zoning and Land Use: North - R-7; Vacant (previously vacated Right of Way) South - A; Single family residential East - R-7; Single family residential and vacant West - A; Vacant (previously vacated Right of Way) UTILITIES Public Water System: Public There is an existing eight (8) inch water line extending along the southwest side of Chester Road adjacent to the request site. The existing use is not served by public water nor is it served by a private well. Should a building permit be issued for a new structure on the request site, use of the public water system will be required by County Code. Wastewater System: There is an existing eight (8) inch wastewater collector extending along Chester Station Drive in Chester Station Subdivision, approximately 600 feet southeast of the request site. The public wastewater system is not available without an extension to serve the request site. The applicant serves the existing use with a portable septic waste collector (Por-Ta- Jon). It is not the intent of the applicant to utilize the public wastewater system. The Utilities Department recommends that the public wastewater system be utilized to serve any future structure built on the request site which, as part of its use, generates septic waste. Drainage and Erosion: ENVIRONMENTAL The property drains to the southeast into a large open channel, then under Chester Road to Great Branch, and eventually into Proctors Creek. There are no on- or off-site drainage or erosion problems. Fire Service: This property is currently served by the Chester Fire/Rescue Station, Company Number 1 and Bensley-Bermuda Rescue Squad. When the property is developed, the number of 4 00SN0279/WP/OCT25I hydrants and quantity of water needed for fire protection will be evaluated during the plans review process. Transportation: Traffic generation information is not available for the proposed land use; landscaping operation with outside storage. Traffic generated by this development will be distributed along Chester Road which had a 1997 traffic count of 10,625 vehicles per day. The ~ identifies Chester Road as a major arterial. Access to major arterials, such as Chester Road, should be controlled. The applicant has proffered to limit direct access from the property to Chester Road to one (1) entrance/exit. (Proffered Condition) At time of site plan review, specific recommendations will be provided regarding access to Chester Road. The Virginia Department of Transportation (VDOT) may require the construction of a commercial entrance to serve the property. LAND USE Comprehensive Plan: Lies within the boundaries of the Chester Village Plan which suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. Area Development Trends: Area properties have been developed for single family residential uses. The Plan anticipates single family residential development continuing in this area and does not suggest development of office or commercial uses along this portion of Chester Road. Uses: The applicant is operating retail sales of landscape materials from the subject property, which mainly consists of truck delivery of the products to customers. Such uses are classified by the Zoning Ordinance as a General Business (C-5) use. The applicant does not currently have the proper zoning. Condition 1, as recommended by the Planning Commission, would limit the items that could be sold on site. Conditions 2 and 3, as recommended by the Planning Commission, restrict the hours the use would be open to the public as welt as who may operate the use. These conditions are intended to address potential conflicts between this use and adjacent residences and ensure that the use would be temporary. 5 00SN0279/WP/OCT25I Site Design: In conjunction with the submission of this application, a plan depicting the existing site conditions was submitted. The plan shows a single access to Chester Road with gravel driveway and parking areas and the general location of the storage piles of the landscape materials. The existing building on the site is a 10 x 12 foot skid-mounted building. Condition 7, as recommended by the Planning Commission, would allow a building a maximum of 150 square feet on the property. Other than this building, there would be no other buildings permitted on the property. Condition 5, as recommended by the Planning Commission, would grant an exception to the required 150 foot front yard setback for buildings, drives and parking. However, it is noted that there are currently improvements located within the right of way of Chester Road and that the granting of this exception will not relieve the applicant from moving those improvements out of the right of way. Condition 6, as recommended by the Planning Commission, grams an exception to the number of parking spaces required and to the surface treatment of driveways. The condition would require that the parking spaces and driveways to Chester Road and driveways serving parking spaces to be graveled per Ordinance standards. Buffers and Screening: The Commission recommended certain screening measures along the northern portion of the southern boundaries of the property, fencing or landscaping would be required to be installed in order to minimize the view of the use to adjacent properties and Chester Road. Additional fencing would be required along the eastern and a portion of the southern boundaries of the property at such time the current property owner no longer owns or resides on the property. The fencing would be located to minimize removal of existing vegetation. (Condition 4. a., b., and c.) CONCLUSIONS The proposed zoning and land use do not conform to the Chester Village Plan which suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. In addition, the proposed zoning and land use do not conform to existing and anticipated area residential development. This use is considered a General Business (C-5) use and is not an appropriate transitional use adjacent to residential properties. Approval of this request could establish a precedent for similar non- residential development along this portion of Chester Road. The conditions fails to address the concerns outlined, herein. The conditions do attempt to mh~nize the impact of this use on adjacem residents. 6 00SN0279/WP/OCT25I Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (8/15/00): On their own motion, the Commission deferred this case to September 19, 2000, to allow the Bermuda District Commissioner to further discuss this proposal with the applicant. Staff (8/16/00): The applicant was advised in writing that any significant, new or revised information should be submitted no later than August 21, 2000, for consideration at the Conmfission's September 19, 2000, pubic hearing. Staff (8/23/00): To date, no new information has been received. Planning Commission Meeting (9/19/00): The applicant did not accept staff's recommendation, but did accept the Planning Commission's recommendation. There was no opposition present. Mr. Cunningham presented a list of recommended conditions. Mr. Cunningham indicated that the property owner and applicant had been unaware that the use was illegal until a zoifing violation was issued. He stated that the applicant had worked with him and staff to address concerns. He indicated that the recommended conditions will provide some screening, limit the use and that site plan approval would be required. On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended approval of this request subject to the conditions and acceptance of the proffered condition on pages 2 and 3. AYES: Unanimous. 7 00SN0279/WP/OCT25I The Board of Supervisors, on Wednesday, October 25, 2000, beginning at 7:00 p.m., will take under consideration this request. 8 00SN0279/WP/OCT25I ! ~ C-3 R-7 N 600 0 600 Feet Case #: 00SN0279 Rezoning: R-7 TO A w/C.U. & C.U.P.D. Sheet #: 26 I-1 I I I I PARCELS AND RESIDENCE OF MR. ALFRED L. WEST (REFERENCE CONDITION 4.b)