11SN0250CASE MANAGER: Jane Peterson
October 26, 2011 B S
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0250
(AMENDED)
Melvin Fisher
Bermuda Magisterial District
Southeast quadrant of Jefferson Davis Highway and Pinehurst Street
RE VEST: Conditional use approval to permit display sheds, garages, carports and house sales
including "shell" house sales in an Agricultural (A) District.
PROPOSED LAND USE:
Continued operation of the retail sale of display buildings and structures is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reason:
Approval of the conditional use for a limited time period will allow the continuation of this
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 MAYBE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
(STAFF/CPC) 1. There shall be no direct vehicular access from the property to Route
1/301 or Pinehurst Street. (T)
(STAFF/CPC) 2. Display sheds, garages, carport and houses sales including "shell"
houses sales shall be permitted subject to the following restrictions:
a. 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.
c. 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 /3 01. Within this setback,
landscaping shall be provided in accordance with Zoning
Ordinance requirements for perimeter landscaping B. Within
fourteen (14) days of approval of this request, a phasing plan
for the installation of this landscaping shall be reviewed and
approved by the Planning Department.
d. Such use shall comply with the development requirements of
the Zoning Ordinance for the Jefferson Davis Highway
Corn or.
e. 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; provided that the display sheds, garages, carports and
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)
GENERAL INFORMATION
T ,n~ati nn
The request property is located in the southeast quadrant of Jefferson Davis Highway and
Pinehurst Street. Tax IDs 795-664-7592; 795-665-6610, 7102 and 8407.
Existing Zoning:
A with conditional use
2 11SN0250-OCT26-BOS-RPT
Size:
l .l acres
Existin Land Use:
Commercial
Adjacent 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 - I-l; Office/warehouse
T ITTT ,TTTF,~
Public Water System:
The site is located within the Dutch Gap/Bermuda water pressure zone. 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 corner of the request site.
Connection to the public water system will be required by County Code for any new
structures built on the request site.
Public Wastewater S,, sue:
The site is located within the Proctors Creek sewer service area. There is an eight (8) inch
wastewater collector extending along Elokomin Avenue, adjacent to the request site.
Connection to the public water system will be required by County Code for any new
structures built on the request site.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the south to Proctor's Creek. There are currently no known
on- or off site drainage or erosion problems and none are anticipated after development.
3 11SN0250-OCT26-BOS-RPT
PUBLIC FACILITIES
Fire Service:
The Centralia Fire Station, Company Number 17, 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.
County Department of Transportation:
Since this request will permit the continued operation of the existing business that has
been in operation for ten (10) years, it will have no additional traffic impacts on the
transportation network. These vehicles will be distributed along Route 1/301 which had a
2009 traffic count of 19,728 vehicles per day.
Access to major arterials, such as Route 1/301, should be controlled. The applicant
intends to continue the display area of that business on the subject property. The
applicant has proffered that no direct vehicular access will be provided from the subject
property to Route 1/301 (Proffered Condition 1). Access to Route 1/301 can be provided
through the access that currently serves the existing commercial development on the
adj acent 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.
Virginia Department of Transportation (VDOT):
VDOT notes that the property is presently used for display of the subject structures and that
no changes are proposed for entrances to the property.
T,ANn T1~F,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Jefferson Davis Corridor Plan,
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
Communlty ldentlty. 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.
4 11SN0250-OCT26-BOS-RPT
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Regional Corridor" with an Urban Development Area (UDA) overlay. This
proposed land use designation encourages: a) vertically and horizontally integrated mix of
residential, office, public, open space and commercial uses (Regional Corridor); and b)
mixed use centers appropriate for higher density development. It should be noted that the
revised draft plan is pending review by the Planning Commission, has not been approved,
and does not provide land use guidance for the subject property at this time. As of the date
of this report, the Commission has not forwarded a recommendation regarding the revised
draft plan to the Board of Supervisors. Additionally, the Board has not reviewed the revised
draft plan, nor has the Board taken any action on the revised draft plan to date. The
recommendations ofthe revised draft plan are provided for reference purposes only.
Area Development Trends:
Properties to the north are zoned General Business (C-5) and are occupied by a single-
family residence or currently vacant. Property to the south is zoned Community Business
(C-3) and is occupied by a part of 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. Properties to the east and southeast are zoned Residential (R-7) and
Community Business (C-3) and are developed for single-family residential uses. Located
west of I-95 and north of the Route 288/Jefferson Davis Highway interchange, it is
anticipated that pressure for non-residential development will increase in the future. This
will necessitate parcel aggregation to produce a unified redevelopment effort consistent with
recommendations of the Plan.
Zonin Hg istory:
On February 28, 2000 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a rezoning from C-3 to A with conditional use approval
to permit C-3 uses plus display sheds, garages, carports and houses sales including
"shell" houses (Case OOSN0262). This approval permitted the expansion of existing non-
conforming display building business bordering this property to the south. Proffered
conditions limited the display buildings sales use to the applicant for a period of ten (10)
years, expiring in February 2011. Proffers also addressed development standards and
required all buildings be self supporting or self contained to permit easy removal in
anticipation of future redevelopment.
On September 21, 2004 the Planning Commission acknowledged withdrawal of a request
to amend Case OOSN0262 and for conditional use planned development approval to
eliminate building, drive and parking setbacks from Jefferson Davis Highway (Case
04SN0166).
5 11SN0250-OCT26-BOS-RPT
Uses:
In addition to the Community Business (C-3) uses permitted by Case OOSN0262, the
applicant proposes to continue the existing display building sales operation, being a use
first permitted in the General Business (C-5) District. To ensure that this use is of a
temporary nature, proffered conditions limit the operation to the applicant for a maximum
period of ten (10) years. Permitted improvements will continue to be of a temporary
nature. No goods can be produced on the property for retail sale, thereby limiting the
scale of the business to the sale ofpre-constructed units.
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 development will continue to conform to the requirements of the
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.
Specifically, proffers would require landscaped setbacks from the ultimate right-of way of
Route 1/301 for display areas and parking. Currently, the Ordinance does not require
setbacks for these areas nor landscaping along public roads other than limited access roads.
CONCLUSION
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 commercial
activity should be aggregated to accommodate a sufficient project size and location to serve a
regional market, thereby providing opportunities for site design and access control.
while this request does not represent aggregated, regional-scale development, the proffered
conditions limit the size and 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 redevelopment pressures in the
area for large-scale coordinated development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (9/8/11):
The application was amended to withdraw a portion of request for Community Business
(C-3) uses given that these uses were not subject to a time limitation under the existing
conditional use approval for Case OOSN0262.
6 11SN0250-OCT26-BOS-RPT
Planning Commission Meeting (9/20/1 l ):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission acknowledged
withdrawal of the request for Community Business (C-3) uses.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday, October 26, 2011, beginning at 6:30 p.m., will take
under consideration this request.
7 11SN0250-OCT26-BOS-RPT
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