12SN0161CASE MANAGER: Robert Clay
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BS Time Remaining: STAFF'S
365 days REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0161
Floyd E. Ragsdale
Bermuda Magisterial District
East line of Happy Hill Road
REQUEST: Rezoning from Agricultural (A) to General Business (GS).
PROPOSED LAND USE:
Commercial uses, as restricted by the proffered condition, are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGES 2 THOUGH 7.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Southern Jefferson Davis
Corridor Plan, which suggests the property is appropriate for commercial use.
B. The proposed zoning and land uses are representative of and compatible with
existing and anticipated area development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITION
NOTED "STAFF/CPC" WAS AGREED UPON BY BOTH STAFF AND THE
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
(STAFF/CPC) In addition to the retail sale of landscaping materials, uses shall be limited
as follows:
• Permitted uses by right.
1. Motor vehicle sales, service, repair and rental,
excluding motor vehicle consignment lots.
2. Wholesale trade of any products permitted to be
sold at retail in this district.
3. Auction sales or salvage barns.
4. Boat sales, service, repair and rental.
5. Building material sales yards, not including
concrete mixing.
6. Contractor's shops and storage yards.
7. Display sheds, garages, carports and houses sales
including "shell" houses sales.
8. Farm implements and machinery sales, service,
rental and repair establishments.
9. Manufactured home, modular home and travel
trailer sales, service, repair and rental.
10. Utility trailer and truck sales, service, repair and
rental.
11. Carpenter and cabinetmakers' offices and display
rooms.
12. Contractors' offices and display rooms.
13. Electrical, plumbing or heating supply sales, service
and related display rooms.
14. Feed, seed and ice sales.
15. Fraternal uses.
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29
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31
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35
36
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Greenhouses or nurseries.
Indoor flea markets.
Motor vehicle washes.
Repair services.
Restaurants.
Schools--commercial, trade, vocational and
training.
Art schools, galleries or museums.
Artist material and supply stores.
Bicycle sales and rentals.
Catering establishments.
Churches and/or Sunday schools.
Clothing stores.
Communication studios, offices and stations,
exclusive of towers.
Curio or gift shops.
Funeral homes or mortuaries.
Health clubs.
Hobby stores.
Libraries.
Locksmith operations.
Meat or seafood markets.
Paint and wallpaper stores.
Photography studios.
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38. Rental of health and party equipment; and small
home hardware, tools and equipment.
39. Rest, convalescent or nursing homes and other
group care facilities.
40. Schools--music, dance and business.
41. Sporting goods sales.
42. Automobile self-service stations.
43. Access to any land located in an agricultural, office,
business or industrial district or access to any land
used for agricultural, office or industrial purposes.
44. Bakery goods store.
45. Barber or beauty shop.
46. Book, stationery, newspaper or magazine store.
47. Candy store.
48. Florist shop.
49. Grocery store.
50. Hardware store.
51. Nursery schools and child or adult care centers and
kindergartens.
52. Offices.
53. Shoe repair shop.
54. Tailoring and dressmaking shops.
55. Underground utility uses when such uses are
located in easements or in public road rights-of-
way, except as provided in section 19-145(a).
56. Motor vehicle accessory store.
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• Uses permitted with certain restrictions.
1. Warehouses for permitted uses, provided that such
buildings shall be set back a minimum of 100 feet
from adjacent R, R-TH, R-MF or O Districts or A
Districts that are shown on the comprehensive plan
for R, R-TH, R-MF or O use when
loading/warehouse areas are oriented toward such
properties. The 100-foot setback shall be
landscaped according to section 19-513(a)(4) of the
Development Standards Manual. When
loading/warehouse areas are oriented away from
adjacent R, R-TH, R-MF or O Districts, setbacks
shall be governed by the setbacks of this district.
2. Outside storage, as accessory to a permitted use,
including, but not limited to: retail building
materials; construction equipment/materials; outside
runs for commercial kennels or veterinary hospitals;
feed/seed items; garden centers, greenhouses, hot
houses; miscellaneous materials for retail/wholesale
sales; provided that:
(a) Such uses are screened from view of any
adjacent properties on which such uses are
not permitted or do not exist, and from areas
currently zoned A and designated on the
comprehensive plan for R, A, O, or I-1 uses
and external public road rights-of--way.
(b) No more than ten percent of the gross floor
area of the principal use may be used for
outdoor storage.
3. Prepared food and fruit and vegetable vendors,
provided that:
(a) Only prepared food fruits and vegetables
shall be sold;
(b) They shall be permitted only on a lot or
parcel occupied by a permanent use;
(c) They shall be located where improved
permanent parking facilities are available for
their use, provided that the required
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minimum and most convenient parking
spaces for the existing permanent use shall
be used;
(d) Any temporary structure, vehicle, sign or
other material associated with or resulting
from the use shall be removed from the lot
or parcel no later than 24 hours following
the end of the temporary sale cessation of
the use; and
(e) All vendor areas shall be located a minimum
of 1,000 feet from any property in an R, R-
TH or R-MF District or any property
currently zoned Agricultural and designated
for residential use on the comprehensive
plan unless the sales area is separate from
the property by a permanent building,
provided that all such areas shall be located
in accordance with the district's minimum
yard setbacks.
4. Communication towers, provided that the structure
is architecturally incorporated into and compatible
with the design of a building used for a permitted
use.
5. Temporary outdoor Christmas tree sales, provided
that:
(a) Sales shall not begin before November 15
and shall be restricted to retail sales of
Christmas trees, wreaths, holly and similar
decorative horticultural materials.
(b) A temporary stand not to exceed 200 square
feet in area may be constructed or placed
onsite in accordance with any applicable
law, and/or one properly licensed, inspected
and operative truck or other vehicle may be
parked, when utilized for such sales.
(c) Any portion of the sales area shall be located
in accordance with the minimum yard
setbacks required for the district.
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(d) Sufficient area shall be set aside onsite to
provide a minimum of five temporary off-
street parking spaces. If the sales are
conducted on the same lot with an existing
use, the required minimum and most
convenient parking spaces for the existing
use shall not be used for Christmas tree
sales.
(e) Any temporary structures, parked vehicles,
signs, trash, debris or other material
associated with or resulting from the
Christmas tree sale operation shall be
removed no later than January 15.
6. Columbarium, provided that:
(a) The use is in conjunction with a church use
or other place of worship on the property;
and
(b) The church or other place of worship
maintains permanent records of the next of
kin or nearest relative of the deceased. (P)
GENERAL INFORMATION
Location:
The request property is located on the east line of Happy Hill Road, south of Woods Edge
Road. Tax IDs 801-634-5353 and 6870.
Existing Zonin
A
Size:
3.3 acres
Existing Land Use:
Vacant
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Adjacent Zoning and Land Use:
North, South and West - A; Single-family residential or vacant
East - A and I-2; Industrial and railroad right-of--way
UTILITIES
Public Water Svstem:
The site is located within the Dutch GapBermuda water pressure zone. There is a six (6)
inch water line extending along Happy Hill Road, approximately 1700 feet north of the
request site. Connection to the public water system is not required. The applicant should
proffer to use the public water system.
Public Wastewater Svstem:
The site is located within the Timsberry Creek sewer service area. There is a thirty (30) inch
wastewater line extending along the southern boundary of the request site. Connection to
the public wastewater system is required by County code.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the south to a perennial stream and then to lower Swift
Creek and the Appomattox River.
The parcels are located within a 100-year floodplain. Staff has worked with the applicant
over the last several years on these properties. A professional wetlands delineator has
delineated the wetlands, and the Resource Protection Area (RPA) has been adjusted
based on the wetlands. That portion of the property within the floodplain, but outside of
the RPA, could be developed. All structures and outside storage would need to meet the
criteria within the Chesterfield County Floodplain Management Ordinance.
PUBLIC FACILITIES
Fire ~ervice~
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 not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on shopping center trip rates, development could
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generate approximately 3,300 average daily trips. These vehicles will be distributed onto
Happy Hill Road and then onto Woods Edge Road and Jefferson Davis Highway (Route
1/301), which had 2009 traffic counts of 14,910 and 17,605, respectively.
In 1986, the Virginia Department of Transportation placed a "No Through Truck Traffic
Restriction" on Happy Hill Road from Woods Edge Road, south for a distance of
approximately 0.6 mile; however, this truck restriction will not apply to trucks accessing
the site.
Virginia Department of Transportation (VDOT~:
VDOT notes that a commercial entrance, with adequate sight distances, shall be
provided.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Southern Jefferson Davis
Corridor Plan, which suggests the property is appropriate for commercial use.
Area Development Trends:
The area is characterized by single-family residential and vacant acreage parcels in the
immediate vicinity of the subject property, along with commercial and industrial zoning and
development south of the subject property along Happy Hill Road and east across the
railroad right-of--way. Commercial and industrial uses are expected to continue in this area,
as suggested by the Plan.
Development Standards:
The property lies within an Emerging Growth District. The purpose of the Emerging
Growth District Standards is to promote high quality, well-designed projects. These
standards address access, parking landscaping, setbacks, building height, signs, buffers,
pedestrian access, lighting, utilities and screening of dumpsters, loading areas and outside
storage. Development must comply with these standards.
Uses:
The applicant is requesting General Business (C-5) zoning. This zoning would essentially
allow all uses permitted by-right in the Light Industrial (I-1), General Business (C-5),
Community Business (C-3), Neighborhood Business (C-2) and Convenience Business (C-1)
Districts. In an effort to minimize any adverse impact on area residential development and
following a meeting with area property owners, the applicant agreed to restrict the uses that
would be permitted. All I-1 uses, most of the C-5 uses and a large portion of the C-3, C-2
and C-1 uses, have been eliminated with the submittal of the proffered condition.
12SN0161 JUN27-BOS-RPT
CONCLUSION
The proposed zoning and land uses conform to the Southern Jefferson Davis Corridor Plan,
which suggests the property is appropriate for commercial use. In addition, the proposed zoning
and land uses are representative of and compatible with existing and anticipated area
development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/21/12):
On their own motion and with the Applicant's consent, the Commission deferred this
case to their April 17, 2012 public hearing.
Staff (2/22/12):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than February 27, 2012 for consideration at the
Commission's April 17, 2012 public hearing.
Staff (4/4/12):
A proffered condition restricting uses was received.
Planning Commission Meeting (4/17/12):
On their own motion and with the applicant's consent, the Commission deferred this case
to their May 15, 2012 public hearing.
Staff (4/18/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 23, 2012 for consideration at the Commission's
May 15, 2012 public hearing.
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Staff (4/26/12):
To date, no new information has been received.
Planning Commission Meeting (5/15/12):
The applicant accepted the recommendation.
There was opposition present expressing concerns relative to the residential growth of the
neighborhood; and the impacts to both the well water and the flood zone.
Mr. Patton and staff clarified that only the northern portion of the property will be used
due to the Resource Protection Area (RPA); community meetings were held; and there is
general support for this case from area residents. It was also noted that the additional
natural buffer created by the RPA will provide separation and protection to area residents.
On motion of Mr. Patton, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered condition on pages 2 though 7.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, June 27, 2012 beginning at 6:30 p.m., will take under
consideration this request.
11 12SN0161-JUN27-BOS-RPT
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