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16SN0553 CASE NUMBER: 16SN0553 APPLICANT: John P. Meyer CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: BERMUDA 13420 Jefferson Davis Highway AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: NOVEMBER 18, 2015 BOS Time Remaining: 365 DAYS Applicant’s Contact: JOHN MEYER (804-221-22229) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANT’S REQUEST Rezoning from Residential (R-7) to Agricultural (A) plus conditional use to permit a storage yard (outside storage ofstorage containers). A storage yard for storage containers and temporary outside storage areas is currently operating on the property without the requisite zoning. Approval of this request would bring the use into compliance with the Ordinance. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Proffered conditions and an exhibit are located in Attachments 1and 2. RECOMMENDATION RECOMMEND APPROVAL PLANNING COMMISSION Conditions will minimize impacts on adjacent properties (10/20/2015) RECOMMEND DENIAL Does not comply with Plan STAFF Does not address impacts of use on area development Incompatible with area residential development Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue Plan suggests residential uses as appropriate for this area Conditions offered by the applicant donot mitigatethe adverse impacts on area properties typically required for outside PLANNING storage Proposed use is not compatible with existing or anticipated area development FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 216SN0553-2015NOV18-BOS-RPT 316SN0553-2015NOV18-BOS-RPT Map 2: Comprehensive Plan Classification: NEIGHBORHOOD BUSINESS The designation suggests the property is appropriate forcommercial uses that serve neighborhood-wide trade areas. Typical uses could include grocery stores, clothing stores, medical clinics, hardware stores, restaurants or other uses that primarily serve weekly or bi-weekly household needs. Map 3: Surrounding Land Uses & Development Executive Drive Single-family residential (John Tyler Woods) Commercial uses orvacant Jefferson Davis Highway Single-family residential Manufactured/mobile (Bryan Ridge) homes 416SN0553-2015NOV18-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Withdrawn Rezone from A to C-2. 72-56 C (06/1972) PROPOSAL The applicant, who is storing an assortment of building and personal materials inside and outside of storage containers on the property, has been using this property for outside storage since November 2013 without the required zoning. In March 2015, the Planning Department received a complaint relative to storage containers located on the request property. Upon investigation, staff observed several storage containers, tractor trailers, and outside storage areas (building and landscape materials) being kepton the property without appropriate zoning. Outside storage is first permitted as a restricted use in the General Industrial (I-2) District. Restrictions require that outside storage areas are screened from view from adjacent property where outside storage is not permitted. Adequate screening of the outside storage area for adjoining residential lots is neither existing nor proposed by the applicant. The applicant conveyed to staff that these storage containers contain building materials and personal items for a residence that was never constructed by the applicant’s parents at another location. The applicant desires additional time for his family to sort through the contents of the storage containers and subsequently remove all of the items being kept on the property. The following provides an overview of conditions offered by the applicant to minimize the impact of the use on area properties: General Overview Requirements Details Limited to the applicant and his parents only Ownership Proffered Condition 1 Limited to a storage yard with temporary outside Use storage areas Proffered Condition 2 Limited to 1 year Time Limitation Proffered Condition 3 One (1) tractor trailer storage container Equipment/Material Storage Five (5) storage containers Proffered Condition 4 Outside storage of building and landscape materials will be relocated inside a storage container, building or Outside Storage removed from property within 90 days of approval Proffered Condition 5 516SN0553-2015NOV18-BOS-RPT General Overview(Continued) Requirements Details Any container within 50 feet of residential zoning will be Storage Container Relocation relocated within 90 days of approval Proffered Condition 6 Storage containers and temporary outside storage areas Location of Use located as generally illustrated on Exhibit A Exhibit A & Proffered Condition 7 Keeping of farm animals prohibited Agricultural Uses Proffered Condition 8 PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Dutch Gap Fire Station, Company Number 14 EMS Facility The Dutch Gap Fire Station, Company Number 14 This request will have minimal impact on fire and EMS. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. Note: The property is located along Jefferson Davis Highway (Route 1), across from the Old Bermuda Hundred Road intersection. The county was successful in obtaining federal funds for a project to improve and signalize that intersection. VDOT is managing the project. Construction is scheduled to begin March 2016. 616SN0553-2015NOV18-BOS-RPT VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT Land Use Regulations - Traffic Impact Analysis (24VAC30-155) - Access Management (24VAC30-73) - Subdivision Street Acceptance (24VAC30-91/92) - Land Use Permit (24VAC30-151) VDOT has no comment on this case. Summary WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov Theproposal’s impacts on the County’s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing LineConnection Required by County Code? Serviced? No 8”No Water No 8”No Wastewater Additional Information: Connection to public water and wastewater systems shall be required for any new structure when the property line is within 200 feet of a water or wastewater line. The proposed request will not impact the public water and wastewater systems. 716SN0553-2015NOV18-BOS-RPT ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard (804-748-1028) pritchardd@chesterfield.gov Stormwater Issue Discussion/Conditions A ridgeline runs through the property Geography Drainage may be directed to the north or south No available natural drainage outfalls on property Offsite easements will likely need to be acquired in order to reach Offsite Easements adequate natural receiving channels To the north: Sand Hills Drive To the south: Forest Lake Road Protection of Adjacent subdivisions to the north and west should be protected Existing Adjacent with anypermanent improvements Subdivision The immediate area where the owner has stored numerous shipping containers, tractor trailer bodies, and building materials drains to a natural swale behind the lots fronting on Executive Drive Existing Existing conditions appear to pose no vulnerabilities for areas Conditions downstream With permanent improvements, offsite easements and potential improvements would be required at the time of a site plan where VSMP regulations would be applied 816SN0553-2015NOV18-BOS-RPT CASE HISTORY Applicant Submittals 8/10/15 Application submitted 9/23/15 Revised and new proffers were submitted and 10/20/15 Community Meeting 10/8/15Issues Discussed: The District Commissioner, applicant and staff attended the meeting. The following topics were discussed: Location of storage trailers Temporary timeframe for storage Desire of neighbors to have farm animals prohibited if property is rezoned to Agricultural Planning Commission Meeting 10/20/2015 Citizen Discussion No citizens spoke to this request Commission Discussion Future use of property for residential development difficult given extension of Cicero Parkway impacting adjacent C-3 property One year consideration to relocate storage trailers Recommendation: APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Patton Second: Wallin AYES: Gulley, Waller, Brown, Patton and Wallin The Board of Supervisors on Wednesday, November 18, 2015, beginning at 6:30 p.m., will consider this request. 916SN0553-2015NOV18-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: “CPC” – Recommended by Planning Commissiononly (CPC) 1. Non-Transferable Ownership. This Conditional Use approval shall be granted to John P. Meyer and his parents, Gerald E. Meyer and Patricia A. Meyer, exclusively, and shall not be transferable with the land. (P) (CPC) 2. Use. This Conditional Use approval shall be for the operation of a storage yard for storage containers and temporary outside storage areas only. (P) (CPC) 3. Time Limitation. This Conditional Use approval shall be granted for a period not to exceed one (1) year from the date of approval. (P) (CPC) 4. Storage Containers. Storage containers shall be limited to the following: a.One (1) tractor trailer storage container b.Five (5) storage containers No other equipment or storage containers may be stored on the property for this use. (P) (CPC) 5. Outside Storage. Within ninety (90) days of approval, all outside storage of building and landscape materials shall be stored within a building, a storage container, or removed from the property. (P) (CPC) 6. Storage Container Relocation. Any storage container within fifty (50) feet of the John Tyler Woods subdivision shall be relocated to be a minimum of fifty (50) feet from any property zoned for Residential uses, as shown on Exhibit A. This relocation shall occur within ninety (90) days of approval. (P) (CPC) 7. Location of Use. The storage containers and temporary outside storage areas shall be located on the property as generally illustrated on Exhibit A, dated September 23, 2015. (P) (CPC) 8. Farm Animals. The keeping of one (1) or more cow, sheep, goats, horses, chickens, other fowl, rabbits and other farm animals shall be prohibited. (P) 1016SN0553-2015NOV18-BOS-RPT ATTACHMENT 2 EXHIBIT A 1116SN0553-2015NOV18-BOS-RPT