12SN0169CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0169
Chesterfield County
Board of Supervisors
Midlothian Magisterial District
East line of County Line Road
1 TLZ.TLTIT
March 28, 2012 BS
REQUEST: Conditional use approval to permit a private museum in an Agricultural (A) District.
PROPOSED LAND USE:
A private museum in conjunction with an existing non-profit civic club is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. While the User Swift Creek Plan Amendment suggests the property is
appropriate for residential use of 2.0 units/acre or less, the proposed use is
consistent with the established non-profit civic club located on the subject
property.
B. The proposed use is compatible with existing and anticipated area development.
(NOTE: CONDITIONS MAY BE 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
CONDITIONS
(STAFF/CPC) 1. This conditional use approval shall be granted to and for the Old
Dominion Chapter of the National Railway Historical Society only
and shall not be transferable or run with the land. (P)
(STAFF/CPC) 2. This conditional use approval is to permit a private museum only. (P)
(STAFF/CPC) 3. Unless the underlying zoning district (Agricultural) requirements are
more restrictive, any development for a private museum shall
conform to the requirements of the Zoning Ordinance for office uses
in the Emerging Growth Areas. (P)
(STAFF/CPC) 4. Any special event held in conjunction with the private museum use
shall not operate after 7:00 p.m. Only one (1) special event may be
held in a one (1) month period. Special events shall be limited to
fundraising and educational programs for the private museum use
only. (P)
(STAFF/CPC) 5. Within ninety (90) days of a written request by the Transportation
Department, forty-five (45) feet of right-of--way, measured from the
centerline of County Line Road immediately adjacent to the
property, shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
(CPC) 6. This conditional use shall be granted for a period not to exceed five
(5) years from the date of approval (P)
(NOTE: All other conditions of 75A003 shall remain in effect.)
GENERAL INFORMATION
T .nrati nn
The request property is located on the east line of County Line Road, north of Mount
Hermon Road. Tax ID 704-700-3328.
Existing Zoning:
Agricultural (A) with special exception
Size:
9.8 acres
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Existing Land Use:
Non-profit civic club, grounds and operation facility for railroad cars.
Adjacent Zoning and Land Use:
North, South and East - A; Vacant
West - R-12; Vacant
UTILITIES
Public Water and Wastewater S.. std:
Connection to the public water and wastewater system is required by County code within
the Upper Swift Creek Area. However, since the existing civic club was previously
authorized by special exception and is currently utilizing a private well and septic system,
connection is not required.
ENVIRONMENTAL
Drainage and Erosion:
The request will have no additional impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company Number 5, and Forest View 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 permit the continued operation of a private museum by the Old
Dominion Chapter of the National Railway Historical Society (ODCNRHS), which
commenced operations under a Special Exception (Case 75A003). This conditional use
request will also permit the ODCNRHS to host a limited number of special events (i.e.
fundraisers) on the property in conjunction with the private museum.
The Thoroughfare Plan, a component of the Comprehensive Plan, identifies County Line
Road as a major arterial with a recommended right-of--way width of ninety (90) feet.
Condition 5 requires dedication of right-of--way along County Line Road in accordance
with this Plan.
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County Line Road in this area had a 2009 traffic count of 162 vehicles per day and was
functioning at an acceptable level of service. Because this request will permit the
continued operation of the existing private museum and condition four (4) limits the
number and type of special events that can occur, the additional traffic impact is
anticipated to be minimal.
Vir ing is Department of Transportation VDOT~:
VDOT notes that an appropriate commercial entrance with adequate horizontal and vertical
sight distances shall be provided. Details of the appropriate commercial entrance shall be
reviewed at time of site plan submission. The entrance is subject to the access management
requirements found in 24VAC-30-73, "Access Management Regulations for Minor
Arterials, Collectors, and Local Streets."
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Upper Swift Creek Plan
Amendment, which suggests the property is appropriate for residential use of 2.0
units/acre or less.
Area Development Trends:
The area is characterized by a mix of agricultural, forestall and light industrial land uses. To
the west, property is zoned Residential (R-12) for single-family development and is
currently undeveloped. Property to the southwest of the subject parcel is zoned Light
Industrial (I-1) and is utilized by a railroad maintenance operations center. To the immediate
south, the east-west line of the Norfolk Southern Railroad abuts the subject property. It is
anticipated these types of uses would continue in this area, as suggested by the Plan.
Zoning History:
In 1975, the Board of Zoning Appeals approved Case 75A003 for a special exception to
permit the operation of a grounds and maintenance facility for anon-profit civic club
known as Old Dominion Chapter of the National Railway Historical Society ("The
Chapter"). The special exception outlines conditions that regulate the removal of trees on
the property, road and parking area materials, signage regulations and the number of
railroad cars to be stored on the property. These conditions will remain enforceable if the
request for a private museum is approved.
Proposed Use:
A private museum is an institution devoted to the procurement, care, study and display of
objects of lasting interest or value operated by individual enthusiasts, collectors, clubs or
companies. Private museums do not traditionally receive financing by federal, state or
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local governments. Typically an individual, group or club (such as anon-profit company
or civic group) is responsible for the procurement of a private museum's artifacts. The
private museum is then responsible for the preservation and display of artifacts.
The Chapter proposes to hold periodic special events on the subject property to help raise
funds for the maintenance and preservation of railroad cars stored on the property. These
events would typically be held on Saturdays and begin in the morning (e.g. 9:00 a.m.)
and end in the early evening (7:00 p.m.). Attendance to these events will be by invitation
only. During these special events, The Chapter will utilize its historic passenger coaches
and engines for excursion train rides.
These proposed special events are not specifically permitted within the conditions of the
previous special exception approval, but are considered accessory to a private museum
use. A private museum is specifically enumerated in the Zoning Ordinance as a
conditional use in an Agricultural (A) zoning district.
Development Standards:
The conditions for development standards approved with Case 75A003 would still be
applicable with approval of this case. These conditions regulate the removal of trees on the
property, road and parking area materials, signage regulations and the number of railroad
cars to be stored on the property. In addition to these requirements, the conditions of the
current proposal would limit who may operate the use and how the use may operate. The
conditions also further address development standards for the site, how late these events
may run into the evening hours as well as what types of special events may be held on the
property. (Conditions 1-4).
CONCLUSION
The proposed private museum should operate without any apparent adverse impact on area
properties. As conditioned, the proposed use would have no greater impact on existing and
anticipated area development than the non-profit civic club. In addition, the recommended
conditions address land use compatibility issues between the proposed use and adjoining properties.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/21/12):
The applicant accepted the recommendation. There was no opposition present.
Mr. Charles Kevin Frick stated he accepted the additional condition suggested by the
Commission.
12 S N 016 9 -MAR2 8-B O S-RPT
On motion of Mr. Waller, seconded by Mr. Patton, the Commission recommended
approval subject to the conditions on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, March 28, 2012 beginning at 6:30 p.m., will take
under consideration this request.
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