03SN0297-Aug27.pdfT..,I~ ~I ~. ~)/'~N~ /"~1~1
August 27, 2003 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
03SN0297
Andrew M. Condlin, Esquire
On behalf of
Virginia S; Odum, as owner and-
MRB Management Group, Inc:,'as tenant
Bermuda Magisterial District.
Off the west line of Jefferson Davis Highway
REQUEST: Rezoning from CommunitY Business (C-3) and Residential (Ri7 to General
Business (C-5).
PROPOSED LAND USE:
Expansion of an existing .non-conforming~ golf driving, range ;and miniature golf
course is planned. However, with approval, of this reqUest other General BUsiness
(C-5) uses would be permitted, except as'restricted by Proffered Condition 1'.
PLANNING COMMISSIONRECO MENDATION
RECOMMEND. APPROVAL AND ACCEPTANCE OF ~'PROFFERED :CONDITIONS-ON
PAGES 2 AND 3.
STAFF .RECOMMENDATION
Recommend approval for the following reasons:
At
The proposed zoning and land uses conform to, the Chester ~illage:Plan which-
suggests the properg; is aPpropriate for general commercial uses. ' '
Improvements to the property will-be realized through the rezoning and
acceptance of the proffered conditions which prOvide improved access :and
parking for the non-conforming site.
Providing a FIRST CHOICE Community ThwughlExcellenCein Public.Service.
Co
The existing outdoor recreational uses, which have b~en;i'in~operati0n for
approximately forty .(40)" years,, have been,, and' Will i' confm~i~lo.i~ :.b.e; Com. pa~ble :~
with existing and anticipated future area de~teloPment~' .J: ~:':':' ...... 4- ~': /.
(NOTE: THE. ONLY CONDITION THAT MAY' BE IMPOSED' IS-AB~EERCoNDmON.
THE PROPERTy, OWNER(S),,MAyPROFFER OTHER CONDI~ONS~! T~ CONDmON8
NOTED WITH STAFF/CPC' WERE AGREED UPON -,BY..BOTI-I', S~mF?',~,.
COMMISSION. CONDITIONS WITH iONLY A,,"ST~F" "' ~ ~RE. CO ED3.SOLELy
BY sTAFF. CONDITIONS :WITH: ONLy A CPc ~.'~D~0~-:;CONDm~NS
RECOMMENDED BY THE PLANNING COMMISSION.) ':"
PROFFERED CONDITIONS ' '" '
(STAFF/CPC) 1. The folloWing uses shall not-be permitted: -
(a) those uses permitted in the :. I¢l. : District that-are-'not.
otherWise permitted in the C~5:Disffiet;
'(b) commercial automobile parking;'
(c) mass. transportatiOn;
(d) drive-in theaters; " ·
(e) tmek terminals; ..
(f) travel trailer parks; '::-'. :...'
(g) auction sales or salvage barns;
(h): communicatiOn towers; - '.
(i) 'mankufacmred hOme, n~odularhome and)travel trailer-sales~.;
service, repair and rental; - ' ~ '
(j) material reclamation reCeivingcenters;
(lc) tractor trailer service stations; .
(1) building materials sales : :Yards;: not-inClUding concrete
imxmg;
(m) contractor' s shops and storage yards;: :.
(n) . diSPlay sheds, ~arages,. carp~r~sand house sales, including
(STAFF/CPC) 2.
(o)
(p) motor vehicle storage/tong 10ts;'
(q) ' publiC garages; and
(r) utility trailer and track rental~ (P):
Within ninety
areas and 'driveways,: ~
with a minimum of six (6)
(Note: 'The property~may
Tax Identification
2
parcels having Tax Identification Numbers 796-660-4549 and 796-
660-6637.)
(STAFF/CPC) 3.
(STAFF/CPC) 4.
In the event the Property is 'rede(,eloped for any use other than a
golf driving range, miniature golf, and related:accessory uses, ..the
Property shall be brought .into .compliance with. the current zoning
regulations. (P)
The public water system shall be used. (U)
GENERAL INFORMATION
Location:
Off the west line of Jefferson Davis Highway, north of .Rio Vista Street. Tax ID 796-
661-3916 (Sheet 26).
Existing Zoning:
C-3 and R-7
Size:
9.2 acres
Existing Land Use:
OutdOor Commercial Recreation .Use (Existing Holiday Golf Driving Range and'
Miniature Golf Course)
Adj'acem Zoning and Land Use:
North - R-7; Vacant
South ? C-3; Indoor commercialrecreation (Holiday BOwling Alley) or vacant -'
East - C-3 and R-7; MultiZfamily residential or vacant
West -R-7; Vacant
UTILITIES
Public Water System:
There is an existing six (6) inch. water line extending alOngthe western side of Jefferson
Davis Highway, approximately 300 feet east of this site. Use of the Public .water system
is intended and has been proffered. (Proffered Condition 4) · '
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Public Wastewater System: :- - . .
There is an existing fifteen (15). inch wastewater trunkline extending alongthenorthem.
boundary.of this site and a ten.(10) inch wastewater collectOr e~en~g:al0ngtheeastem
and southern boundaries of this site; Use:of the public wa~tewaters~om is'req~ed by
County Code.
ENVIRONMENTAL
Drainage and Erosion:
The impervious area drains to the on-site lake while the
Proctor, S Creek to the James ~River. There are currently no. on,:,~
erosion problems with none anticiPated after development;
Fire Service:
PUBLIC FACILITIES
The Dutch Gap Fire Station, Company Number 14 and' Bensley~Bemudai:'-~°ltmteer.-
Rescue Squad currently Provide fire prOtection and emergeney~m~bal:.~,se~¢ei!- "~s-
request will have minimal impact'On fire and emergencymedic~:Servi%~;~. :' :-.', '.
Transportation: '
The property (9.2 acre0 is zoned Residential (R-7) on. 4'.3 acre~iand C6~unitY'BuSinesS
(C-3) on.4.9 acres. The apPlicantis requesting rezOningof thei~ert~epf0Pe~.t° General
BUSiness. (C-5). This request wil}! nOt li~t deCelopment ;to a specific :1~1: :Us~?~eref°re,
it is difficult to anticipate traffic-generation.. Base,l! onShoPP~g .rates;-i thesite
could generate approximately 6,460 averagedaily tfipSl Th~a~i~li~-~tii~tehdS
to use the property for a:p~b!ic g°l,f facility (dfivii~g r .ax!ge ~d eg°!fe0~Se), ~
Typical traffic generation information is not available
development· on the property will be distributed al0ng JefferSon ;DayiSi;:Higl~way
1/301), which had a 2001 traffc c°unt of 27,945 average dally ~iSgi :::
The property is located within'the Jefferson Davis Highway Enterpfi'Se'¢Zone. Based on
the Board of Supervisors' policY regarding develoPmefi~';wi~i~:the?.Efit~rpriSe zone;' road
improvements will not be required by the County. Road.imPmvemeats may be required
by the Virginia Department of Transportation. ' ' ~ · ·
At time of site plan review, specific recommendations will be pr°vided:regardingintemal
circulation.
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03SN0297~AUGUST 27-BS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Chester Village 'Plan, which suggests the property is.
.appropriate for general:commercial uses:
Area Devel°Pment Trends:
Adjacent properties to the east are zoned Residential (R-.7):and are developed ~for multi,
family residential use. Adjacent,properties to the nOrth and~west are zOned Residential
(R,7) and .are vacant. Adjacent Properties to the south iare zoned. COmmunity Business
(C,3) and :are developed, for commercial uses orare vacant. The Plan~anticipates general
commercial use in this area. ' -
Zoning Historg:
A non-conforming golf driving ~range and .miniature golf course with:related, accesSory
uses, known as Holiday Golf., have been located-on the-request, property for
approximately forty (40) years. The existinguses include agOlf drivingrange, miniature
gOlf course, golf equipment sales, the teaching of golf lessons and related accessory uses.
MRB Management Group,. tenants, propose to · expand' the range, hOwever, the non-
c°nforming use may not.be exp~ded Or enlarged unleSSSuCh Use c°nf0rms to the ~zoning
Ordinance requirements. The existing zoningand~site design does not:c°nform to cUrrent
Ordinance-requirements.
Use Limitations:
In response to concerns of the Bermuda District Comssioner, Proffered Condition 1
restricts uses that may be permitted, on the request :property.
Site Design:
The property currently lies within a Post Development Area. Thedevelopmem Standards
for Post-Development Areas ..are intended .to' promote renovation .anti. improvement of
areas which have already experienced devel0pment:!bY'ad&egSing aC~ess, parking,.
landscaping, architectural treatment, setbacks, signs, buffers, UtilitieS.and sCreening of
dumpsters and loading areas.
The request property was developed prior to~ adoptiOn of these standards~ and therefore,
has not been developed in accor~lance with. these: standards.: :With reZ0ning;· uSe of 'the
existing buildings and Site (parking and driveways) co:Uld COntinue in:its currem state
non-conforming development and Compliance with.theSe standardsiwOuldnot be required:
unless the site is redeveloped'.' To provide immediate improvement to .the non~
conforming site, Proffered Condition 2 requires existing parking, areas and driveways,
' 03SN029%AUGUST 27-BS . ~
which are not paved, tobe reSurfaCed with six (6)inches of 21 lot 21A'-Stone.": In. addition,
Proffered' Condition 3 proVideS ~t upon any redevelopment.of the site fora use other
than the existing golf driving range, miniatUre:gol-f;eoUr~e and~mlated ~a~ceSSory ~es~:.'the
site will-be brought into c°mPlmce withcurre, nt.ordinancei-standards:../Ex~s~gUses-
include the golf driving rangei ~ature golf ~coUrse, g61f~!equi'P~ent:-sale~i;'~d;the
teaching °f golf lessons.
CONCLUSIONS
The proposed zoning conforms to the CheSter Village Plan whieh sugges~ ~e!xequeSt Prope .rty is
appropriate for general commercial ~use. 'Since the request pr0P~
adoption of current Ordinance Standards, the exiSting site d~Sig~'i~ff0eg
requirements. With rezoning, useof the existing buildings ~i-site!(P~k 7g-and.~/~Wdys)'
could continue in its current stateas non,conforming developmei~t:.?voff-ere~ ~°ndlti0ns 'P~°~de:
for an immediate improvement to exlsting drivewayS :and~ar~g.~i~eas~iant ?~°~de,.th~ttUpOn'
redevelopment.of.the property fOruseS Other than the existingg01f:dn~ving r~ agei.i:~atureg01f
course and.related accessory uses.the ..site will be bmught~i':int°i.},comPl
Ordinance standards. Improvements to_ the property, will. be r~alized!~oUg X therez0ningand
acceptance of the proffered conditions'. ' ' ' !?. '~ ~'' .
The existing outdoor recreational uses;: which have been
(40) years, have been, and should continUe to 'be.
development.
Given these considerations, approval of this request is recommended,
CASE HISTORY
Planning Commission Meeting (7/15/03).:
The applicant accepted the recommendation. There was-no opposition;Present.
On motion of Mr. Cunningham, seconded by Mr. Stack, the-EO~s~iOn: recommended
approval~ of this request-and-acceptance_of the proffered:conditions ~on pages 2 and 3.. '
AYES: Unanimous.
The Board of Supervisors, on WednesdaY, August 27, 2003, berg at 7'i00 p..:m., will. take
under consideration this request. '
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03SN0297,AUGUST 27-BS