12SN0122CASE MANAGER: Jane Peterson
November 3 0, 2011 B S
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0122
Christian Life Church
Bermuda Magisterial District
Northwest corner of Osborne and Old Stage Roads
RE VEST: Conditional use approval to permit a church in a Heavy Industrial (I-3) District.
PROPOSED LAND USE:
Continued use of an existing office/warehouse building for a church facility is
proposed. Proffered conditions would limit this operation for a period of two (2)
years. (Proffered Condition 1)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
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.
B. The continued operation of the church use is not compatible with, nor representative
of, existing and anticipated area industrial development.
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITIONS NOTED WITH "CPC" ARE CONDITIONS RECOMMENDED
BY THE PLANNING COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
(CPC) 1. The Conditional Use shall be granted for a period of time not to exceed two
(2) years from date of approval (P)
(CPC) 2. Church use shall be limited to the building located on Tax ID 802-659-5824
and identified on the plan approved as part of Case 05 SNO l 45. Associated
parking maybe located on this or other properties which are included as part
of this request. (P)
GENERAL INFORMATION
The request property is located in the northwest corner of Osborne and Old Stage Roads.
Tax IDs 802-659-2721, 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
Public Water and Wastewater S,, std:
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
Drainage and Erosion:
This request will have no impact on these facilities.
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PUBLIC FACILITIES
Fire Service:
The Dutch Gap Fire Station, Company 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.
County Department of Transportation:
This request will have a minimal impact on the transportation network.
Virginia Department of Transportation (VDOT):
VDOT understands that existing entrances will remain unchanged with this proposal and, as
such, has no comment.
T,ANT~ TIFF,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Consolidated Eastern Area
Plan, which suggests the property is appropriate for industrial uses. One (1) of the goals
of the Plan is to optimize economic development opportunities within areas identified 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 ofnon-industrial piecemeal development.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates most of the
subject property "Manufacturing Center," and a small portion as "Conservation/Recreation"
(adjacent to a stream running along the northwest edge of the site). The proposed
"Manufacturing Center" designation encourages single use or integrated mix of moderate
and/or heavy industrial, corporate office, public and open space uses. 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 of the revised draft plan are provided for reference purposes only.
Area Development Trends:
The area is characterized by Heavy Industrial (I-3) zoning developed in office/warehouse
uses, a truck terminal, or is 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 ofthe Plan.
3 12SN0122-NOV30-BOS-RPT
Zonin H.~X:
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 OSSN0145). Conditions were imposed to
insure that this would be a temporary location until the church could afford a properly
zoned property. The conditional use approval expired January of 2008.
On October 22, 2008, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a conditional use to permit the continued operation of a
church in a Heavy Industrial (I-3) District for an additional three (3) years (Case
09SN0100). This additional time was intended to allow the church to find properly zoned
property. The conditional use approval expires in October of 2011.
Site Design:
Proffered Condition 2 would limit the use to within the existing structure and associated
par ing 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, pending relocation
to a properly zoned site. (Proffered Condition 1)
CONCLUSION
The original conditional use approval in 2005 and the subsequent extension of three (3) years in
2008 were based upon the understanding that this was a temporary location for the church use.
The continued operation of the church use does not conform to the Plan. In addition, the use is
contrary to the purpose of the Heavy Industrial (I-3) District, as identified in the Zoning
Ordinance which discourages 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 (10/ 18/ 11)
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
Mr. Hassen confirmed that the church has secured a permanent location for their facility
in anticipation of relocating in two (2) years.
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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, November 30, 2011 beginning at 6:30 p.m., will take
under consideration this request.
5 12SN0122-NOV30-BOS-RPT
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