03SR0100-OCT23.pdfOctober 23, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
03 SRO 100
Douglas J. and Deborah A. Hackman
Dale Magisterial District
West line of Newbys Bridge Road
REQUEST: Renewal of Conditional Use Plarmed Development (Case 01SN0168) to permit office
use and exceptions to Ordinance requirements in an Agricultural (A) District.
PROPOSED LAND USE:
In 2001, the applicants were granted a Conditional Use Plarmed Development to
operate home health care offices within the existing residential and accessory
structures for a period of one (1) year. Renewal of this Conditional Use Planned
Development is requested for an additional eighteen (I 8) months.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
PROFFERED CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATiON..
Recommend approval for the following reasons:
A. Although the proposed zoning and land use do not conform with the Central Area
Plan, which suggests the property is appropriate for residential use of 1.0 to 2.5
dwelling units per acre, the applicants have recently secured other property on which
to relocate this business. Renewal of this Conditional Use Planned Development will
afford the applicants time in which to receive the necessary plan and permitting
approvals at this new location and transfer this operation to the new site.
Providing a FIleT CHOICE Community Through Excellence in Public Service.
The proffered conditions w/Il minimize the impact of this temporary office use on
area residential development during this interim relocation period.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFI~/C?C" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITION
(STAFF/CPC)
The Textual Statement dated May 21, 2001, shall be approved. (P)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
This Conditional Use Planned Development shall be granted for a
period not to exceed eighteen (I 8) months fi:om the date of approval.
This Conditional Use Planned Development shall be granted to and
for Douglas J. and Deborah A. Hackman, or to an entity in which at
le~t one of them owns a controlling interest, and shall not be
transferable nor run with the land. (P)
(STAFF/CPC) 2.
This Conditional Use Planned Development shall be limited to a
home health care administrative office use. A maximum of seventeen
(17) employees shall maintain offices on the Property at any one time
and a maximum of twenty (20) employees shall be permitted on the
Property at any one time. Provided, however, a maximum of two (2)
company functions may occur on the Property during any one (1)
calendar year where more than twenty (20) persons are on the
Property at any one time. (P)
(STAFF/CPC) 3.
No clients shall be treated or consulted on the Property. No retail or
wholesale sales shall be conducted on the Property. (P)
(STAFF/CPC)
Operation of this Conditional Use Planned Development shall be
limited to the buildings noted on the plan as Barn/Office,
House/Office and Office entitled, "Freedom Inc., 5418 Newbys
Bridge Road Chesterfield Co., Virginia" and dated June 4, 2001 (the
"Plan"). There shall be no additions or exterior alterations to these
structures to accommodate this use except those required by the
Virginia Uniform Statewide Building Code QC'AUSBC). Such uses
shall occupy no more than 5,000 square feet of gross floor area. (BI)
2 03SR0100-OCT23-BOS
(STAFF/CPC)
For any function attended by fifty (50) or more persons, a minimum
of one (1) portable toilet for each one hundred (100) persons in
attendance shall be provided on the Property. (H)
(STAFF/CPC)
All uses shall be conducted entirely within enclosed buildings, except
for accessory automobile parking and functions where more than
twenty (20) persons may be located on the Property at any one time,
as described in Proffered Condition 2. (P)
(STAFF/CPC)
Business hours shall be limited to Monday through Friday from 7
a.m. to 8 p.m. (P)
(STAFF/CPC)
Loading areas, loading docks and drives-in loading doors shall be
prohibited. (P)
(STAFF/CPC)
There shall be no exterior lighting other than security lighting which
shall comply with Section 19-573 of the Zen/rig Ordinance and shall
not exceed a height of twelve (12) feet. The amount of security
lighting shall be approved by the Planning Department. (P)
(STAFF/CPC)
10.
With the exception of six (6) parking spaces which may be located in
front ofthe"Bam/Office" building as noted in the "Plan", all parking
shall be located behind buildings as generally depicted on the "Plan".
(P)
(STAFF/CPC)
11.
There shall be no visible signage from Newbys Bridge Road that
identifies the use. (P)
(STAFF/CPC)
12.
Direct access from the Property to Newbys Bridge Road shall be
limited to oae (1) existing entrance/exit. Any relocation of this access
shall be approved by the Transportation Department. (T)
GENERAL INFORMATION
Location:
West line of Newbys Bridge Road, south of Sunnygrove Road. Tax ID 758-681-2847 and
Part of 4279 (Sheet 17).
Existing Zoning:
A
3 03SR0100-OCT23-BOS
~ize:
7,2-acres
Existing Land Use:
Home health care offices
Adjacent Zoning and Land Use:
North and South - A and A with Conditional Use; Single family residential, public/semi-
public (Friendship Baptist Church) or vacant
East - R-9, R-15 and A; Single family residential or vacant
West - A, R-15 and R-12; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing thirty (30) inch transmission water line that extends across Newby's
Bridge Road and continues within an easement across this site. The request site is connected
to the public water system for domestic water use only.
Public Wastewater System:
The public wastewater system is not available to the request site.
Private Septic S~stem:
The "Barn/Office" and "Office" buildings shown on the' "Plan" submitted with the
application do not have a separate approved septic tank/dralnfield system. These structures
are connected to the system which was originally installed to serve the single family dwelling
and has now been converted to office use. The existing system was built for residential, not
office purposes. Without a specified limitation on the number of employees on the property
at any one time, this existing septic system may not be adequate for the proposed uses,
For those functions which allow more than fifty (50) persons on the property at any one (1)
time, portable toilets would be provided for each 100 persons in attendance. (Proffered
Condition 5).
4 03SR0100-OCT23-BOS
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the southeast under Newbys Bridge Road to a tributary of Falling
Creek. There are no known on- or off-site drainage or erosion problems.
PUBLIC FACILITIES
Fire Service:
The property is currently served by the Airport Fire/Medic Station, Company 15. Although
public water is available for domestic use, it is not available for fire suppression purposes.
As a result, the time for the Fire Department to obtain an adequate water supply may
adversely affect ftre suppression operations. The applicants have installed a dry hydrant on
the property to provide a water supply for firefighting.
Transportation:
In July 2001, the Board of Supervisors approved a Conditional Use Planned Development
(CUPD) (Case 01SN0168) for one (1) year to permit office use on the property. As part of
that approval, the Board accepted several proffers that included development limitations,
access control and right of way dedication along Newbys Bridge Road. The applicant is
requesting renewal of that previously approved CUPD for an additional eighteen (18)
months, and has again proffered many of the same conditions.
The applicant has proffered a maximum density of 5,000 square feet (Proffered Condition
Based on general office trip rates, development could generate approximately 130 average
dally trips. These vehicles will be distributed along Newbys Bridge Road, which had a 2000
traffic count of 3,393 vehicles per day. Sections of this road have twenty (20) foot wide
pavement with no shoulders, and substandard vertical and horizontal alignments. The
standard typical section for this road should be twenty-four (24) foot wide pavement, with
minimum eight (8) foot wide shoulders.
Included in the Virginia Department of Transportation OgDOT) Six Year Secondarg Road
.In].provement Plan are two (2) projects to reconstruct Newbys Bridge Road, as a two (2) lane
facility, from Walmsley Boulevard to Hagood Lane. Due to State budgetary shortfalls, the
project schedules are uncertain at this time.
The Thoroughfare Plan identifies Newbys Bridge Road as a major arterial with a
recommended right of way width of ninety (90) feet. In accordance with Proffered Condifioh
13 of Case 01 SN0168, the applicant has dedicated forty-five (45) feet of right of way along a
revised eenterline for Newbys Bridge Road.
5 03SR0100-OCT23-BOS
Access to major arterials, such as Newbys Bridge Road, should be controlled. The applicant
has proffered that direct access from the property to Newbys Bridge Road will be limited to
one (1) entrance/exit (Proffered Condition 12). Due to its horizontal and vertical aligrmaent,
sight distance along Newbys Bridge Road is limited. As part of developing the property, the
applicant provided a new access onto Newbys Bridge Road at a location where adequate
sight distance is available.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for residential use of 1.0 to 2.5 dwelling units per acre.
Area Develonrnent Trends:
Area properties to the west and east are characterized by residential and agricultural zonings
and are occupied by the Newbys Wood, Jacobs Court and Ashley Grove Subdivisions, single
family development on acreage parcels or are vacant. The area properties to the north and
south are characterized by agricultural zoning with large acreage parcels occupied by single
family residences or are vacant. It is anticipated that residential development will continue in
this immediate area, consistent with the recommendations of the Central Area Plan.
Zoning History:
The applicants had been operating their home health care offices without the requisite
Conditional Use, but subsequently filed their application upon receiving notice of this
violation from the County (Case 01 SN0168). Staffrecommended den/al of the request as
the use did not conform with the Central Area Plan; represented commercial encroachment
into a single family residential area; and could set a precedent for additional non-residential
development along this portion of Newbys Bridge Road. On June 19, 2001, the Planning
Commission recommended approval of the request for a period of one (1) year to allow the
applicants time to proceed with the relocation of their business to an appropriately zoned
property. On July 25, 2001, the Board of Supervisors approved this Comtifional Use Planned
Development subj eot to the conditions as recommended by the Commission.
On July 24, 2002, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved the applicants' request for rezoning of 24.4 acres from
Agricultural (A) to Light Industrial (I) with Conditional Use Plarmed Development, on
property located at the southeast quadrant of the intersection of Newbys Bridge Road and
Hagood Lane (Case 02SN0171). The applicants propose to develop a corporate office park
with/n which to relocate their home health care.business.
6 03SR0100-OCT23-BOS
Uses:
The applicant has proffered that the Conditional Use Planned Development would be limited
to a home health care administrative office use with no retail or wholesale sales. No clients
would be treated or consulted on the property (Proffered Conditions 2 and 3). Proffered
Condition 2 would limit the number of employees who maintain offices on the property at
any one (1) time to seventeen (17) and limit the number of employees on the site at any one
(1) time to a maximum of twenty (2) except during social functions which would be limited
to two (2) during any calendar year. This use would be granted for eighteen (18) months
fi:om the date of approval and for the applicants or an entity in which at least one (1) of the
applicants has a controlling interest (Proffered Condition 1). The applicants have agreed to
limit the hours of operation (Proffered Condition 7) and that no signage identifying this use
will be visible from Newbys Bridge Road. (Proffered Condition 11)
Site Design:
With approval of this request, development should conform to the applicant'~ proffered
conditions and Textual Statement (attached). The ~ubject property is a 7.2 acre portion of
two (2) parcels totaling approximately 17.9 acres. A plan submitted with the application
depicts a"House/Office", "Barn/Office" and "Office", which have been converted to office
space for the home health care operation. The applicant has proffered to limit the operation
of this business to these existing structures, not to exceed a total area of 5,000 gross square
feet (Proffered Condition 4), with all uses, except parking and company functions attended
by more than twenty (20) persons, to be located within these buildings. (Proffered Condition
6)
The applicant is requesting an exception to the Zoning Ordinance requirements relative to the
number of parking spaces provided and the paving of parking areas. Specifically, the Zoning
Ordinance requires one (1) space for every 200 grosz square feet of building area whereas the
applicants propose one (1) parking space for every 230 gross square feet of building area.
Further, in lieu of paving, the applicants propose that the driveway and parking areas be
surfaced w/th a minimum of six (6) inches of No. 21 or No. 21A stone (Textual Statement 1
and 2). Parking areas are to be located as generally depicted on the "Plan" with the majority
of such spaces located behind the existing buildings. (Proffered Condition 10)
Architectural Treatrnent:
As previously noted, the applicant has indicated the operation shall be limited to the
buildings noted on the "Plan". Proffered Condition 4 prohibits additions and exterior
alterations to the buildings except which may be necessary to comply with Virginia Uniform
Statewide Building Code (VAUSBC).
7 03SR0100-OCT23-BOS
Buffers; Screening: and Lighting:
Currently, the Zoning Ordinance requites that solid waste storage areas (i.e., dumpsters,
garbage cans, trash compactors, etc,) be screened from view of adjacent property and public
rights of way by a solid fence, wall, dense evergreen planting or architectural feature, be
separated from any residentially zoned property or any property being used for residential
purposes by the principal building, and that such area within 1,000 feet of any residentially
zoned property or property used for residential purpose not be serviced between the hours of
9:00 p.m and 6:00 a.m.
Proffers have been submitted prokibiting loading areas, loading docks and drive-in loading
doors and to limit the mount of exterior lighting. (Proffered Conditions 8 and 9)
CONCLUSIONS
Although the proposed zoning and land use do not conform to the Central Area Plan which suggests
the property is appropriate for residential me of 1.0 to 2.5 dwelling units per acre, the applicants
have recently secured other property on which to relocate tiffs business, Renewal of this Conditional
Use Planned Development will afford the applicants time in which to receive the necessary plan and
permitting approvals at this new location and transfer this operation to the new site.
The proffered conditions will minimize the impact of this temporary office use on existing area
residential development during this interim relocation period.
Given these considerations, approval of this request is recommended.
CASE I-IISTORY
Planning Commission Meeting (9/17/02):
The applicants accepted the recommendation. There was no opposition present.
On motion of Mr. Litton, seconded by Mr. Gulley, the Commission recommended approval
of this request subj eat to the Condition and acceptance of the proffered conditions on pages 2
and 3.
AYES: Unanimous.
The Board of Suparvisors, on Wednesday, October 23, 2002, beginning at 7:00 p.m., will take under
consideration this request.
8 03SR0100-OCT23-BOS
DOUOLAS J. & DEBORAH A. HACKMA~
TEXTUAL STA'FEM]~.T
Nov~nl~r 13, 2000
May l 1. 200I
May 21, 2001
T'~, lcxtu~I starcraft shall apply to the Property known ~ ~=id ~ Tm
ID/OP~ 758-681.-2~47 ~ pm of 758~681 4279 (~e
Parking: Parl~ini shall be provided blm~cl on a ratio af on-, (1) apac~ for ~ 2:~0
squa~ fe~ of gro,~ square