02SN0285-OCT23.pdfOctober 23, 2002 BS
ADDENDUM
REQUEST:'
02SN0285
S. Wayne Funk (The Ironbridge Property, L.P.)
and
The Bank of Southside Virginia
Date Magisterial District
East line of Iron Bridge Road
Amendment to Conditional Use Planned Development (Case 85S154) relative to
signs. Specifically, the applicant wishes to delete Condition 8 which requires the
removal of an outdoor advertising sign on an adjacent property to the north ("Primm
Property") prior to the release of occupancy permits on the subject parcels.
PROPOSED LAND USE:
A self storage facility is proposed. In addition, other uses as permitted in the General
Business (C-5) District are allowed.
On October 23, 2002, the applicant submitted a proffered condition to address removal of the
outdoor advertising sign. SPecifically, such sign would be removed on or before November 30,
2005. Further, this proffer requires the submittal of an agreement signed by the adjacent property
owner on which the sign is located, authorizing entry onto this adjacent property for the purpose of
removing the sign and a bond to cover such removal cost prior to the release ora building permit on
the subject property.
It should be noted that the County Attorney's Office has identified some risks in accepting this
proffered Condition with respect to fulfilling the obligation to remove the sign. Without a written
agreement from the leaseholder of the sign committing to the removal of such sign, the County may
be forced to acquire such leasehold interest, should the methods outlined in the Proffered Condition
to enter the property and remove the sign be ineffective. Further, there is pending litigation between
the owner of the property on which the sign is located and the leaseholder of the sign with respect to
the validity of the lease agreement.
Staff recommends approval of this request and can suppOrt acceptance of the Proffered Condition.
Providing a FIRST CHOICE Community Through Excellence in Public Service
(NOTE: THIS PROFFERED CONDITION WAS SUBMITTED SUBSEQUENT TO
ADVERTISEMENT OF THIS CASE. THEREFORE~ SHOULD THE I/OARD WISH TO
CONSIDER THIS PROFFER, IT WILL BE NECESSARY TO SUSPEND THE
PROCEDURES.)
PROFFERED CONDITION
The property owner (the "Owner") in this zoning case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and
their successors or assigns, proffer that the Property know as Chesterfield County Tax Identification
Numbers 771-672-8290 and 772-672-3298 (the "Property") under consideration will be developed
according to the conditions of Case Number 85S 154, as herein amended, if, and only if, the request
for amendment to CUPD (Case Number 85S 154) is granted to remove Condition 8 requiring the
removal of an outdoor advertising sign on Tax Parcel 772-672-3836 prior to the release of occupancy
permits for the subject Property are granted. In the event the request is denied or approved with
conditions not agreed to by the Owner, the proffer shall immediately be null and void and have no
further force or effect.
On or before November 30, 2005, the outdoor advertising sign located on Tax ID 772-673-
3836 shall be removed. Prior to issuance of a building permit, the following shall be
accomplished:
ao
An agreement signed by the property owner of Tax ID 772-673-3 836 authorizing the
property owners of Tax ID's 771-672-8290 and 772-672-3298 or representatives of
the County of Chesterfield to enter Tax ID 772-673-3836 allowing the removal'of the
sign and entry onto the property for the purpose of removing the outdoor advertising
sign after November 30, 2005, shall be executed.
bo
A bond in an amount approved by the Planning Department to cover the cost of
removal of the outdoor advertising sign located on Tax ID 772-673-3836 shall be
posted with Chesterfield County by the property owner of Tax ID 772-673-3836. (P)
(Note: This Condition supersedes Condition 8 of Case 85S 154. With the exception of Condition 8
of Case 85S154, all previous conditions of Case 85S 154 shall remain in effect. Condition 8 shall
remain in effect for Tax ID 772-673-3836.)
2 02SN0285-OCT23-BOS
October 23, 2002 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0285
S. Wayne Funk (The Ironbridge Property, L.P.)
and
The Bani{ of Southside Virginia
Dale Magisterial District
East line of Iron Bridge Road
REQUEST: Amendment to Conditional Use Planned Development (Case 85S154) relative to
signs. Specifically, the applicant wishes to delete Condition 8 which requires the
removal of an outdoor advertising sign on an adjacent property to the north ("Primm
Property") prior to the release of occupancy permits on the subject parcels.
PROPOSED LAND USE:
A setf storage facility is proposed. In addition, other uses as permitted in the General
Business (C-5) District are allowed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO TIlE CONDITION ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval tbr the following reasons:
With the approval of Case 85S154, it was anticipated that access to the subject
property would be through a portion of the adjacent parcel to the north (formerly
known as the "Primm Property"), on which the outdoor advertising sign is located.
The relocation of this access no longer necessitates the incorporation of this northern
parcel into the development of the subject property.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
With approval of this amendment, Condition 8 of Case 85S154 will continue to
remain in effect for the development of a portion of the adjacem northern parcel
("Prinun Property"), thereby requiring the removal of the outdoor advertising sign
prior to the release of occupancy permits on development that incorporates the
portion of that parcel affected by Case 85S154.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" 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
ADDIFIONAL CONDITIONS RECOMMENDED BY THE PLANNiNG COMMISSION.)
CONDITION
(STAFF)
tn conjunction with the approval of this request, Condition 8 of Case 85 S 154 shall be
deleted for the subject property only. (P)
(Note: With the exception of Condition 8 of Case 85S 154, all previous conditions of
Case 85S154 shall remain in effect. Condition 8 shall remain in effect for Tax iD
772-673-3836.)
(cPC)
Prior to release of a building permit, the outdoor advertising sign located on Tax ID
772-673-3836 shall be removed. (P)
(Note: This condition supersedes Condition 8 of Case 85S154 for the request
property, only. Condition 8 of Case 85S 154 remains in effect for that part of Tax D
772-673-3836 which was the subject of Case 85S154.)
GENERAL INFORMATION
Location:
East line of Iron Bridge Road, south of Kingsland Road. Tax IDs 771-672-8290 and 772-
672-3298 (Sheet 17).
Existing Zoning:
C-5
Size:
8.4 acres
2 02SN0285-OCT23-BOS
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North
South
East
West
- C-5 with Conditional Use Planned Development and A; Vacant
- A; Vacant
- A; Single family residential or vacant
- C-5 and A; Colmmercial (day care); single family residential or vacant
UTILITIES; ENVIRONMENTAL: AND PUBLIC FACILITIES
The requested amendment will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for community mixed use.
Area Development Trends:
Properties along the east and west lines of Iron Bridge Road are characterized by a mix of
commercial, industrial and agricultural uses or remain vacant, it is anticipated that properties
along the east line of Iron Bridge Road at Kingstand Road will develop for commercial uses
as currently zoned, while properties located on the west line of Iron Bridge Road will
experience light industrial development, as suggested by the Plan.
Zoning History:
On October 24, 1984, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning from Agricultural (A) to General Business (B-3)
of 4.5 acres plus Conditional Use Planned Development to permit bulk exceptions on a total
of nine (9) acres (Case 84S162). Conditions required that access to the properly be directly
from Iron Bridge Road until such time as the adjacent property to the south developed for
commercial or industrial uses, then access would be pemzitted from a fi~v (50) ibot easement
rumfing from Iron Bridge Road along the southern property line.
On June 26, 1985, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Case 84S162 relative to access (Case
85S067). Specifically, access to the site could either be provided directly/'rom Route 10 or
from the easement located along the sonthem line of the property.
3 02SN0285-OCT23-BOS
On January 22, 1986, the Board of Supervisors, upon a favorable recommandation from the
Planning Commission, approved amendments to Cases 84S162 and 85S067 relative to
access, setbacks, screening of storage yard and buffers (Case 85S154). Specifically, due to
legal questions regarding the right to construct a public road access within the fifty (50)
easement along the southern property line, the applicants requested that the property access
be relocated from the southern to the northern boundary. To accorrm~odate this access, the
applicant included a portion of the adjacent northern property (Tax ID 772-673-3836:
"Primm Property"). This northern portion contained an outdoor advertising sign. With
approval of this request, the Board required that, prior to the release of any occupancy
permits for the entire subject property, the billboard would be removed fi'om the "Prinun
Property." This case permitted site access along the northern boundary, as well as
maintained access options approved with Case 85S067, which included direct access to
Route 10 or from the southern property boundary.
Site Design:
The request property lies within an Emerging Growth Area. Development of the site must
conform to the requirements of the Zoning Ordinance and conditions of Cases 84S 162,
85S067 and 85S154 which address access, parking, landscaping, architectural treatment,
setbacks, signs, bufI'ers, utilities and screening of dumpsters and loading areas.
As previously noted, a site plan is currently under County review for a portion of the subject
property which depicts access to this project from a right of way located along the southern
property boundary. (Case 02PR0287 - Iron Bridge Self Storage at QuaiffLane)
CONCLUSIONS
With the approval of Case 85S154, it was anticipated that access to the subject property would be
through a portion of the adjacent parcel to the north ("Primm Property"), on which the outdoor
advertising sign is located. Access to the subject property is now proposed fi'om a right of~vay to the
south, no longer necessitating the incorporation of this northern parcel into the development of the
subject property. Hence, the subject property and the "Primm Property" will be developed as two (2)
separate projects. With approval of this amendment, Condition 8 of Case 85S154 will continue to
remain in effect for the development on a portion of the '~Primm ProperS," thereby requiring the
removal of the outdoor advertising sign prior to the release of occupancy permits for development
incorporating the affected portion of the parcel.
Given these considerations, approval of this request is recommended.
4 02SN0285-OCT23-BOS
CASE HISTORY
Planning Comnqission Meeting (8/20/02):
The applicant accepted stafl~s recommendation, but did not the Commission's
recommendation. There was no opposition present.
Mr. Litton noted that the affect of this amendment was to relieve the applicant of the
requirement to remove the outdoor advertising sign and to place that responsibility upon the
adjacent property owner to the north on whose property the sign is located. Further, should
development of this adjacent property to the north exclude the portion affected by Case
85S 154, the sign could remain indefinitely.
Mr. Litton therefore indicated that he felt it inappropriate to relieve the applicant fi:om the
requirement to remove the sign to accommodate development on the request property and
further felt the original condition should be amended to require the sign to be removed prior
to release ora building pennit, as opposed to the current condition which requires removal
prior to release of an occupancy permit.
On motion of Mr. Litton, seconded by Mr. Gecker, the Commission recommended approval
of this request subject to the condition on page 2.
AYES: Unanimous.
Board of Supervisors Meeting (9/18/02):
On their own motion, the Board deferred this case to October 23, 2002.
Staff (9/19/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than September 23, 2002, ibr consideration at the Board's October
public hearing.
Staff (10/4/02):
To date, no new information has been submitted.
5 02SN0285-OCT23-BOS
The Board of Supervisors, on Wednesday, October 23, 2002, beginning at 7:00 p.m., will take under
consideration this request.
6 02SN0285-OCT23-BOS
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