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13SN0513CASE MANAGER: Darla Orr i ~ ~- ~j~, u J ~ .~ i~ BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 13 SN0513 D&R Associates, Inc. Bermuda Magisterial District West line of Old Stage Road n~,-;i iti ~ni~ r~r June 26, 2013 BS REQUEST: Rezoning from Light Industrial (I-1) to General Industrial (I-2) with conditional use approval to permit motor vehicle storage/towing lot and motor vehicle repair. PROPOSED LAND USE: A towing contractor's shop and storage yard, including vehicle storage/towing lot and vehicle repair, is planned. Other General Industrial (I-2) uses would also be pernutted. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning and land uses conform to the Comprehensive Plan, which suggests the property is appropriate for industrial use. B. The proposed zoning and land uses are representative of and compatible with existing and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice PROFFERED CONDITIONS (STAFF/CPC) 1. The following uses shall be permitted: A. Uses permitted by-right or with restrictions in the General Industrial (I-2) District; B. Motor vehicle repair; and, C. Motor vehicle storage/towing lot provided that: 1. Vehicle storage areas shall be setback a minimum of one hundred (100) feet from external public roads. Within this setback a minimum of fifty (50) foot wide and unbroken strip of open space shall be maintained and shall be planted in accordance with the Zoning Ordinance requirements for one hundred (100) foot buffers at two and one-half (2.5) times landscaping C. 2. Vehicle storage areas shall be screened in accordance with Zoning Ordinance requirements, from view of adjacent properties on which such uses are not permitted or do not exist, and from external public roads. To the extent practical, the existing berm within the setback along Old Stage Road shall be maintained and/or extended to assist in screening vehicle storage areas. 3. No more than two (2) motor vehicles or pieces of machinery stored onsite shall exceed the height of the screening. (P) (STAFF/CPC) 2. Unless approved otherwise by the Transportation Department, there shall be no direct vehicular access from the property to Old Stage Road. If direct vehicular access is permitted to Old State Road, right and left turn lanes shall be constricted based on Transportation Department standards. The applicant shall dedicate, free and unrestricted, any additional right-of--way required for these improvements. (T) (STAFF/CPC) 3. Stormwater will be treated via onsite BMPs suitable to the County and in compliance with Virginia Department of Environmental Quality storm water management regulations rather than through the purchase of offsite credits. The BMP stricture(s) will be designed to allow sampling and reportage to DEQ of the effluent 2 13SN0~13-JL`~N2Ei-BOS-RPT on the discharge side. The BMP(s) will serve a designated containment area for accident vehicles subject to potential fluid release. Fluids and other potential contaminants shall be removed from vehicles prior to storage. Collected fluids and contaminants will be disposed of at a facility authorized by the state to receive such products. (EE) GENERAL INFORMATION Location: The request property fronts the west line of Old Stage Road, north of Battery Dantzler Road. Tax ID 803-656-1183. Existing Zonin I-1 Size: 3 acres Existing Land Use: Vacant Adj acent Zoning and Land Use: North and East - I-3; Industrial or vacant South - I-2; Industrial West - G5; CSX Railroad and Industrial UTILITIES Public Water Svstem: The request site is located within the Dutch GapBermuda water pressure zone. There is an eight (8) inch water line extending along the western side of Old Stage Road that terminates at the request site. Connection to the public water system is required for any new strictures built on the request site. Public Wastewater Svstem: The request site is located within the Proctors Creels sewer service area. There is an eight (8) inch wastewater line extending to the northwest corner of the site. Connection to the public wastewater system is required for any new stnicnires built on the request site. 3 13SN0~13-JL`~N2Ei-BC)S-RPT ENVIRONMENTAL To address concerns of an adjacent property owner regarding storm water management and containment, the applicant's representative submitted Proffered Condition 3 relative to storm water management. Specifically, the proffered condition would prohibit the purchase of State sanctioned offsite water quality credits and would require water quality compliance to be achieved by onsite BMPs. In addition, the proffer requires the site to provide a means by which the potential leakage of vehicular fluids from accident vehicles stored on the site can be collected, sampled, and disposed of at an appropriate offsite facility. PUBLIC FACILITIES Fire ~ervice~ The Dutch Gap Fire Station, Company Number 14, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. County Department of Transportation: The property is located on the west side of Old Stage Road approximately 1000 feet north of the Battery Dantzler Road intersection. The request will have a minimal impact on the traffic anticipated to be generated by development of the property. The Thoroughfare Plan, a component of the Comprehensive Plan for Chesterfield County, identifies Old Stage Road as a Collector. Accesses to collectors should be controlled in order to minimize conflict points. The applicant plans to access the property through the adjacent property to the north and has proffered to preclude access to Old Stage Road unless approved otherwise by the Transportation Department. If access to Old Stage Road is provided, the applicant would be required to constrict right and left turn lanes, based on Transportation Department standards. (Proffered Condition 2) Virginia Department of Transportation (VDOT~: VDOT observes that direct commercial entrances to the subject parcel from Old Stage Road are subject to the provisions of the Code of Virginia 24VAC-30-72 as found in: "Access Management Regulations: Minor Arterials, Collectors, and Local Streets." Existing commercial entrances are located at 12300 Old Stage Road to the north of the property and at 12320 Old Stage Road to the south of the property. These two (2) existing entrances meet the spacing requirements of the subj ect regulations. VDOT notes that a paved spur road exists from the entranceway to 12300 Old Stage Road and extends to the property line of 12310 Old Stage Road. The paved spur road may provide access to 12310 Old Stage Road, particularly if the access is secured with suitable perpetual shared access easements that are vested with both properties. Such a 4 13SN0~13-JL`~N2Ei-BC)S-RPT shared access easement may provide the needed access to 12310 Old Stage Road, and will meet the requirements of the regulations cited above. LAND USE Comprehensive Plan: The subject property is located within the boundaries of the Comprehensive Plan, which suggests the property is appropriate for industrial use. The Plan suggests that moderate to intense manufacturing uses and uses that normally have associated outside storage areas are appropriate, including, although not exclusively, thick terminals. Area Development Trends: The area is characterized by industrial zoning and land use. It is anticipated that industrial use will continue in the area as suggested by the Plan. Uses: If this request is approved, uses permitted by right of with restrictions in the General Industrial (I-2) District would be permitted (Proffered Condition 1). The applicant proposes to operate a towing contractor's office, shop and storage yard on the request property. This contractor's office, shop and storage yard is a use permitted by right within the I-2 District. The applicant plans to tow motor vehicles and tractor trailers to the request property for temporary storage. A motor vehicle storage/towing lot is permitted with approval of a conditional use in the I-2 District. The Ordinance defines motor vehicle storage/towing lot as the use of a parcel for the temporary storage of damaged, disabled, inoperative or impounded motor vehicles or machinery. Proffered Condition 1 would permit the motor vehicle storage/towing lot provided the vehicle storage areas are set back a nunimum of 100 feet from external public roads; an unbroken strip of landscaped open space is maintained within the setback; vehicle storage areas are screened from view of adjacent properties on which such uses are not permitted or do not exist, and from external public roads; and vehicles or machinery that exceed the height of the screening are limited. In addition, the applicant plans to repair motor vehicles and tractor trailers. Repairing tractor trailers and equipment is a use permitted by right within the I-2 District. A conditional use is requested to permit the proposed motor vehicle repair (Proffered Condition 1). The repair uses are appropriate on the request property. Development Standards: The request property is located within an Emerging Growth District Area. Except as provided in Proffered Condition 1 relative to an increased setback and landscaped area adjacent to external public roads and screening from adjacent properties and public roads, USN0~13-JL`~N2Ei-BOS-RPT development of the request property must comply with the Zoning Ordinance requirements for industrial uses within an Emerging Growth District. These standards promote high quality, well-designed projects and address parking, landscaping, architecniral treatment, setbacks, buffers, and screening. CONCLUSION The proposed zoning and land uses comply with the recommendations of the Comprehensive Plan and are representative of, and compatible with, existing and anticipated area development. Given these considerations, approval of this request is recommended. CASE HISTORY Applicant (4/11/13): The applicant submitted revised proffered conditions. Planning Commission Meeting (4/21/13): On their own motion and with the applicant's consent, the Commission deferred this case to their May 21, 2013 public hearing. AYES: Messrs. Brown, Wallin, Gulley and Waller. ABSENT: Mr. Patton. Staff (4/17/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than April 22, 2013 for consideration at the Commission's May 21, 2013 public hearing. Staff (5/2/13): To date, no new information has been received. Applicant (5/15/13): A revision to Proffered Condition 3 was submitted. 13SN0~13-JL`~N2Ei-BOS-RPT Planning Commission Meeting (5/21/13): To address concerns of an adjacent property owner, the applicant's representative offered language for Proffered Condition 3 at the podium to further modify the proffer from its version in the Addendum for the case. The applicant's representative accepted the recommendation with the modified language for Proffered Condition 3. There was no opposition present. On motion of Mr. Patton, seconded by Mr. Gulley, the Commission recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller. The Board of Supervisors, on Wednesday, June 26, 2013 beginning at 6:30 p.m., will take under consideration this request. 7 13SN0~13-JL`~N2Ei-BOS-RPT