00SN0206May 24, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0206
Wayne D. Morris and Morris Industries, Inc.
Midlothian Magisterial District
Off terminus of Grove Park Court
REQUEST: Rezoning from General Business (C-5) to Agricultural (A) with Conditional Use
to permit General Business (C-5) uses and a steel fabrication business.
PROPOSED LAND USE:
A steel fabrication business is currently operating on the property and adjacem
property to the west. The applicam has illegally expanded the operation onto the
request site from the adjacem property to the west, where the use is permitted with
a Conditional Use Planned Development which was granted in 1983 (Case
83S170). This proposal seeks to make the expansion onto the request site legal,
while retaining the right to develop General Business (C-5) uses on the property.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reason:
The proposed General Business (C-5) land uses conform to the Powhite/Route 288
Development Area Plan which suggests the property is appropriate for general commercial
use and would be allowed on the property under the current zoning. However, the steel
fabrication operation is a General Industrial (1-2) use and does not conform to the Plan.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS.)
Location:
GENERAL INFORMATION
Lies off the terminus of Grove Park Court, east of Grove Road.
(Sheet 6).
Existing Zoning:
C-5
Size:
3.0 acres
Existing Land Use:
Steel fabrication business
Adjacent Zoning & Land U~:
North, South and West - C-5; Commercial
East - A; Vacant
Public Water System:
Tax ID 740-707-5822
Existing structures located on the request site and on adjacent property to the west (! 1600
Grove Park Court, GPIN 740-707-2815) which has a Conditional Use for a steel
fabrication business (Case 83S170) and which is owned by the applicant are served by a
private well. There is an existing eight (8) inch water line extending along the south side
of Grove Place Cou~ and terminating approximately 240 feet southwest of the request site.
The County Code requires the use of the public water system if new construction or
renovations requiring a building permit are intended and a public water line is within 200
feet of the property line. It is staff's understanding the applicant does not intend to connect
to the public system. However, connection to the public water system is recommended.
2 00SN0206/WP/MAY24H
Public Wastewater System:
The public wastewater system is not available to serve the request site. The closest existing
wastewater line which is designed to be extended to serve this area is a fifteen (15) inch
trunk line which terminates adjacent to Bromwich Court in Stonehenge Subdivision,
approximately 4,000 feet southwest of the request site. The existing structures are served
by a private septic system.
Private Septic System:
The Health Department must approve any new or expanded use of the existing septic
system.
ENVIRONMENTAL
Drainage and Erosion:
The parcel drains to the southeast into a creek before proceeding southwest through
Stonehenge Country Club to a pond on the golf course prior to entering Falling Creek.
There are no known on-site drainage or erosion problems. The off-site drainage channel
is stabilized. Although there is an accumulation of sedimentation in the golf course pond,
it has occurred over the past thirty (30) years.
PUBLIC FACILITIES
Fire Service:
This property is currently served by the Midlothian Fire/Rescue Station, Company Number
5 and Forest View Rescue Squad. When the property is developed, the number of
hydrants and quantity of water needed for fire protection will be evaluated during the plans
review process.
Transportation:
The property is currently zoned General Business District (C-5). This request would allow
those uses permitted in a C-5 District plus one additional land use, steel fabrication. It is
anticipated that traffic generated by the steel fabrication business will be similar to traffic
generated by land uses permitted under existing zoning. Therefore, this amendment will
have a minimal impact on the anticipated traffic generated by development of the property.
At time of site plan review, specific recommendations will be provided regarding internal
circulation.
3 00SN0206/WP/MAY24H
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Plarl which
suggests the property is appropriate for general commercial use.
Area Development Trends:
Properties in the immediate areas have been developed for commercial and light industrial
uses or remain vacant. The Plan for the Grove Road area anticipates commercial and light
industrial development continuing in this area and does not support heavy industrial
development such as that proposed by this application. Specifically, properties along Grove
Road have been developed for more intense commercial uses such as contractor's shops
and storage yards, motor vehicle sales and services and warehouse type uses.
Stonehenge Subdivision lies to the southwest of the Grove Road commercial area. Since
the granting of the Conditional Use for a steel fabrication business on the adjacent property
to the west, Stonehenge Section I has been developed. The boundaries of Stonehenge
Section I are located approximately 1,600 feet from the western edge of the subject
property and approximately 1,300 feet from the western edge of the property which has
a Conditional Use for a steel fabrication business.
Zoning and Site History.:
On March 23, 1983, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved commercial zoning on the request site and adjacent
property to the south and east (Case 82S109). Subsequently, on November 23, 1983,
adjacent property to the west was later granted a Conditional Use Planned Development
(Case 83S170) which permitted a structural steel business on that property (Tax ID 740-
707-2815) subject to a number of conditions (see attached). As discussed herein, the
applicant has expanded a use permitted on adjacent property onto the request site. On July
8, 1999, the Planning Department received a complaint about noise and hours of operation
from the use on the adjacent property to the west of the request site. Subsequently, notices
of violation were issued on the subject property for conducting a use for which zoning has
not been granted and for improving a site without an approved site plan. On August 31,
1999, a pre-application conference for submitting a rezoning application was held and the
property owner was given until September 27, 1999 to file a rezoning request to correct
the violation. On September 30, 1999, since no application submittal or other corrective
action had been, the matter was referred to the courts. On November 16, 1999, the courts
granted a continuance until May 18, 2000, to allow time for the property owner to file an
application for rezoning and the requisite public hearings to be held. The current
4 00SN0206/WP/MAY24H
application was filed on January 19, 2000. The next hearing before the courts is scheduled
for May 18, 2000.
Site Design:
Staff's initial visits to the site revealed that structures had been expanded from the adjacent
site onto the subject property and outside storage associated with the steel fabrication
business was occurring. These additional improvements were made without an approved
building permit, site plan or the appropriate zoning.
CONCLUSIONS
The applicant is requesting rezoning from General Business (C-5) to Agricultural (A) with
Conditional Use to allow use exceptions so that the right to develop C-5 uses on the property is
retained and to bring the steel fabrication business into compliance with the Zoning.Ordinance.
The Zoning Ordinance, through the Conditional Use process, allows the granting of any uses
permitted in the C-5 or 1-3 Districts in an Agricultural (A) District. The proposed General
Business (C-5) land uses conform to the Powhite/Route 288 Development Area Plan which
suggests the property is appropriate for general commercial use and would be allowed on the
property under the current zoning. However, the steel fabrication operation is a General Industrial
(I-2) use and does not conform to the Plan. This proposal represents an intensification of the uses
permitted in this area. Staff does acknowledge that the steel fabrication business which is
permitted on the adjacent property to the west does not comply with the Plan; however, that
Conditional Use Planned Development predates much of the growth and development that has
occurred in the Grove Road commercial area as well as the expansion of Stonehenge Subdivision.
The steel fabrication business represents a more intense use than exists in the Grove Road
commercial area. It is recognized that such a use already exists on the adjacent property to the
west; however the granting of this request will only intensify the use by providing for greater land
area to conduct the operation than currently exists under the existing zoning. There is even some
indication that the use has expanded beyond the subject property and the adjacent property which
has a Conditional Use Planned Development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (4/24/00):
Staff explained that the applicant had submitted a list of draft proffers; however, the draft
proffers had not been reviewed in detail by staff due to their late submission. It was noted
that a cursory review indicated that if the Commission wished to consider the proffers,
5 00SN0206/WP/MAY24H
numerous clarifications in the language should occur. These proffers have.never been
officially submitted.
The applicant did not accept the recommendation. There were a number of persons present
in support of the case. Support centered around the employment base that the business
provides. It was also noted that the business had been in operation for numerous years
without any complaints until recently.
There was opposition present. Concerns were expressed that this zOning would
accommodate an intensification of the use permitted on the adjacent property; lack of
screening/buffering; storage of hazardous containers; and noise. It was the consensus of
those in opposition that a deferral would be of no benefit in resolving concerns.
Mr. Gecker indicated, that the proposed use does not comply with the Plan. He expressed
concern that the applicant and area property owners had not been able to reach an
agreement. He indicated that he was pleased to hear that the applicants could continue to
operate on the adjacent property which is zoned for the use.
On motion of Mr. Gecker, seconded by Mr. Cunningham, the Commission recommended
denial of this request.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, May 24, 2000, beginning at 7:00 p.m., will take under
consideration this request.
6 00SN0206/WP/MAY24H
C-3 C-3 ~ ~..
C
C-5 c
V
300 0 300 600 Feet
Case #: 00SN0206
Rezoning: C-5 TO A W/C.U.
Sheet #: 6
REA OF APPROVED
ITER PLAN
C
A
SITE ZONED FOR
STRUCTURAL
STEEL BUSINESS
C.U.P.D.
83S170
SUBJECT
TO
120,00'
-' ~ 25' BUFFER
GRAVEL .,
~.'~ "'"'"~,'~' '~.T. -- ~ -, ",,~ , , ,
STORAGE
AREAl
METAL
BUI LDI N G
-o FENCE
0
0
]OFFICE
P K,NS I I
DRAIN
FIELD
SITE)
GROVE COURT
,I
APPROVED MASTER PLAN CASE 83S170
oosNo~o~-~
CONDITIONS FOR CASE 83S170
On motion of Mrs. Girone, seconded by Mr. Bookman, the Board
approved this request subject to the following conditions:
The following conditions notwithstanding, the site plan
prepared by J.K. Timmons and Associates, Inc., dated July
20, 1983, shall be considered the plan of development.
The proposed gravel storage area shall be surfaced with a
minimum of 8 inches of No. 21 or 2lA stone placed over a
compacted subgrade.
Concrete curb and gutter shall be installed along the
perimeter of paved driveways and parking areas. (EE)
Stormwater retention shall be required for Grove Court and
the request site. (EE)
In. conjunction with the granting of this request, the Plan-
ning Commission shall grant schematic plan approval.
A twenty-five (25) foot buffer shall be maintained along the
northern property line. This buffer Shall consist of
existing vegetation with no clearing or grading permitted.
The existing earth berm, which isilocat~d,~,tD,~ke..~south..of
the twenty-five (25) foot buffer, shalI-.be,maintained.~ This
berm shall have a height of six (6) feet and a minimum width
of twenty-five (25): feet at the base· The berm shall be
reshaped to a maximum slope of 2:1. This berm shall be
seeded with ground cover to prevent erosion· White pines,
having an initial height of eight (8) feet and placed six
(6) feet on center, shall be planted at the top of the berm.
A plan depicting this requirement shall be submitted to the
Planning Department for approval in conjunction with site
plan review·
A chain link fence shall be installed parallel to the
northern property line either within the twenty-five (25)
foot buffer or to the south of the berm.
e
Grove Court shall be constructed With twenty (20) feet of
· pavement within a fifty (50) foot right of way. A ten (10)·
foot utility easement Shall be dedicated to and for
Chesterfield County, free and unrestricted, adjacent to the
road right of way. Grove Court shall be constructed to
State Standards.
Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone.
Absent: Mr. Dodd.
" o O SN C~'Z. OG