13SN0526CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0526
Donald M. and Suzanne C. Rudd
Matoaca Magisterial District
14350 Beach Road
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July 17, 2013 BS
REQUEST: Amendment of zoning (Case 07SN0378) relative to right-of--way dedication plus
conditional use planned development to permit exceptions to ordinance
requirements relative to setbacks in Neighborhood Business (C-2) and
Community Business (C-3) Districts.
PROPOSED LAND USE:
An existing convenience store with a gas fueling station, known as Cn~mp's Store, is
located on the request property. Renovation of the existing convenience store as well
as the continuation of this commercial use is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The amendment to the condition of zoning would continue to require right-of--way
dedication on the request property when the property is substantially developed or
redeveloped, as determined by the County's Transportation Department.
B. The request for setback exceptions for the existing convenience store (Chimp's
Store) and fueling station will classify the building as conforming to bulls
standards, permitting necessary foundational repairs and maintenance to the
interior and exterior of the building.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
C. The proffered condition will prohibit expansion of the convenience store beyond
the current footprint of the building as well as require exterior alterations to
maintain architectural compatibility with the existing building.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITION(S) NOTED
"STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.)
CONDITION
(STAFF/CPC) 1. The Textual Statement dated June 6, 2013 shall be considered the
Master Plan. (P)
PROFFERED CONDITIONS
The Applicant hereby amends Condition 3 of Case No. 07SN0378 to read as follows:
(STAFF/CPC) 3. Prior to site plan approval for any additional development or
redevelopment on the property, excluding stnictLiral changes or
maintenance to the existing building/stnictLires, as deternuned by the
Transportation Department, forty-five (45) feet of right-of--way along
the north side of Beach Road, and forty-five (45) feet of right-of--way
along the east side of Winterpock Road measured from the centerline
of that part of the roadway immediately adjacent to the property,
excluding areas encumbered by the existing underground tanks, shall
be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
The Applicant also hereby offers the following proffered condition:
(STAFF/CPC) 1. Any repairs, maintenance or stnictLiral alterations to the existing store
shall be contained within the existing footprint and any exterior
alterations shall substantially maintain sinular architectural
characteristics and visual appearance of the existing building, as
deternuned by the Planning Department. (P)
GENERAL INFORMATION
Location:
The request property is located in the northeast corner of Beach and Winterpock Roads and
is better known as 14350 Beach Road. Tax ID 721-656-4435.
Existing Zoning:
C-2 and C-3
2 13SN0~26-1UL17-BOS-RPT
Size
4 acres
Existing Land Use:
Commercial
Adj acent Zoning and Land Use:
North, South and West - A; Public/senu-public (church) or vacant
East - C-3 and A; Single-family residential
UTILITIES
Public Water and Wastewater Systems:
This request will not impact the public utility systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Winterpock Fire Station, Company Number 19, 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 applicant is requesting to amend Proffered Condition 3 of Zoning Case 07SN0378 to
pernut site plan approval for stnictural changes or maintenance to the existing
building/stnict~ires prior to right-of--way dedication. Currently, the referenced case requires
right-of--way dedication prior to any site plan approval on the property. The Transportation
Department supports this request.
The Thoroughfare Plan identifies both Beach Road and Winterpoclc Road as major arterials
with a recommended right-of--way width of ninety (90) feet. With Case 07SN0378, the
applicant proffered to dedicate forty-five (45) feet of right-of--way along these roads in
accordance with this Plan, excluding areas encumbered by the existing underground tanks.
13SN0~26-1UL17-BOS-RPT
As part of this request, the statement concerning the exclusion of the underground tanks has
been amended for clarity.
Virginia Department of Transportation (VDOT):
This request will have no impact on these facilities.
T A NTl T TCF
Comprehensive Plan:
The Comprehensive Plan designates the request property as Convenience Business where
linuted retail and personal services located near residential neighborhoods is appropriate.
Area Development Trends:
Surrounding properties are primarily zoned Agricultural (A) and are occupied by a mix of
public/semi-public uses (churches), single-fanuly residential uses on acreage parcels or
remain vacant. It is anticipated that commercial (Convenience Business) uses to the north,
south and east, will continue in the area as recommended by the Plan. Residential (Suburban
and Rural Residential Agricult~iral) uses are expected to continue to the west and southwest
of the request property, as recommended by the Plan.
Zoning History:
On October 24, 2007 the Board of Supervisors, with an unfavorable recommendation
from the Planning Commission, approved rezoning with proffered conditions on the
request property (Case 07SN0378). With the approval of Case 07SN0378, the request
property was rezoned to Neighborhood Business (C-2) on the northern half and the
southern half remained zoned Community Business (C-3) with proffered conditions.
Proffered conditions established development standards, rights-of--way dedication and
road improvements that would be required with the redevelopment of the request
property.
Existing Conditions and Setback Requirements:
Cnimp's Store was constricted in 1925 to the northeast of the intersection of Beach and
Winterpock Roads. The existing right-of--way width for Beach and Winterpock Roads is
thirty (30) feet. The store is located eight (8) feet from the existing right-of--way of Beach
Road and five (5) feet from the right-of--way of Winterpock Road (Exhibit A). A fiieling
station, consisting of fueling pumps and a canopy, is located on the east line of Winterpock
Road. Currently, the fueling station canopy is located forty-eight (48) feet from the existing
right-of--way of Winterpock Road (Exhibit A). The Zoning Ordinance requires that setbacks
for strictures be taken from the futLire right-of--way line along streets designated for
widening or extension. At a miriimum, the fiitLire right-of--way width for streets in a
commercial zoriing district is sixty (60) feet. However, the County's Thoroughfare Plan
4 13SN0~2Ei-JL`~L17-BC)S-RPT
designates the fiitLire right-of--way width for both of these roads at ninety (90) feet. At ninety
(90) feet in total width, aforty-five (45) foot future right-of--way line from the centerline of
each street encompasses a portion of Cn~mp's Store located adjacent to Beach and
Winterpock Roads (Exhibit A). Emerging Growth standards requires a setback along major
arterials of seventy-five (75) feet from the futLire right-of--way line for buildings, drives and
parking areas, to include gasoline pumps. Exhibit A illustrates that neither the Cn~mp's
Store nor the current fiieling station can meet the seventy-five (75) foot setback requirement
from the futLire rights-of--way line.
Nonconfornun~ StnictLires:
The Zoning Ordinance defines the buildings and stnictLires that make up Cn~mp's Store and
the fiieling station as nonconfornung strictures. These improvements were constricted and
built prior to today's regulations as they pertain to setbacks from major arterials. The
applicants are seeking confornung status for these stnict~ires to provide stnict~iral upgrades
to the foundation of the building as well as renovate the interior of the store. If this request is
approved, the setback exceptions outlined in the Textual Statement would provide
confornung stnict~ire statLis to the existing convenience store and fueling station only. Any
future redevelopment of the request property would be required to meet the Emerging
Growth Area standards. Staff notes that if Cn~mp's Store and the fueling station were ever
destroyed by fire or natLiral disaster, conforming status would pernut the stnictLires to be
rebuilt according to Exhibit A.
Limitations on Expansion and Architectural Compatibility:
In an attempt to address concerns of area residents and the Matoaca District Commissioner,
the applicant has proffered to keep any repairs, maintenance or stnictural alterations to
Cnimp's Store within the existing footprint of the building (Proffered Condition 1). This
condition would not preclude stnictural changes or maintenance to the existing
building/stnict~ires. In addition, the applicant has also proffered that any exterior alterations
shall substantially maintain sinular architectural characteristics and visual appearance of the
existing building (Proffered Condition 1). This will ensure that futLire alterations to the
exterior of the building are in keeping with the existing architectural vernacular of Cn~mp's
Store, as deternuned by the Planning Department.
CONCLUSION
The amendment to the condition of zoning would continue to require right-of--way dedication for
the request property but also provide flexibility to accommodate certain improvements to the
existing strictures (Cn~mp's Store and fueling station) without requiring rights-of--way dedication.
The setback exceptions for Cn~mp's Store and fueling station will allow the stnictLire to be
classified as confornung, which will permit repairs and maintenance to the stnictLire. Any additions
or expansion of Cn~mp's Store will be prohibited and exterior alterations must be approved by the
Planning Department to ensure architectural compatibility with the existing building.
Given these considerations, approval of this request is recommended.
13SN0~2Ei-JL`~L17-BOS-RPT
CASE HISTORY
Applicant (6/17/13):
A revised proffered condition was submitted.
Planning Commission Meeting (6/18/13):
The applicant's representative accepted the recommendation. There was no opposition
present.
Dr. Wallin noted that a community meeting was conducted for the zoning request and
that participants were supportive of the request.
On motion of Dr. Wallin, seconded by Mr. Waller, the Commission recommended
approval subject to the condition and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, July 17, 2013 beginning at 6:30 p.m., will take under
consideration this request.
6 13SN0~26-1UL17-BOS-RPT
June 6, 2013
Textual Statement
Re: Zoning Application Donald and Suzanne Rudd for an amendment to a
previous zoning case (07SN0378) with a Conditional Use Planned Development
to permit exceptions to development standards on Chesterfield County Tax ID
721-656-4435 as set forth herein below.
1. To permit the commercial building ("Chimp's Store") to be setback no less
than five (5) feet from the existing right-of--way line of Winterpock Road, as
shown on Exhibit A.
2. To permit the commercial building ("Chimp's Store") to be setback no less
than eight (8) feet from the existing right-of--way line of Beach Road, as
shown on Exhibit A.
3. To permit the fueling station and canopy to be setback no less than forty-eight
(48) feet from the existing right-of--way line of Winterpock Road, as shown on
Exhibit A.
Very tn~1y yours,
Kristen D. Keatley, Agent
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