02SN0145-Sep17.pdf STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
02SN0145
September 17, 2003 BS
Fridley's Welding Service
Bermuda MagistefialDistriet
West line of Jefferson Davis 'Highway
~QUESTS:
mo
Rezoning from Community Business, (C-3) to General Business (C-5) of 1.9
acres.
Amendmem to zoning (Case 98SN01'15) relative to the maximum height of
stored equipment, paving, accessand Uses.
Conditional Use Planned DevelOpment to permit exceptionS to Ordinance
requirements relative to paving and screening of outside storage, areas.
'PROPOSED LAND USE:
Expansion of an existing contractor's.officeand storage yard is planned. However,
with approval' of this request other C,5 uses, except as restricted by Proffered
Condition 9, would be permitted.
PLANNING COMMISSION RECOMMENDATION
"RECOMMEND APPROVAL AND. ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH-5.
STAFF RECOMMENDATION
I. Recommend apprOval ofrezoning to C-5 of 1.9 acres for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The proposed zoning and land uSes conform to the Jefferson Davis. Corridor Plan
which suggests the property is appropriate for general commercial Use.
Bo
The proposed zoning and land uses are compatible with and representative of existing
and anticipated nOn-residential development along this portion of the Jefferson Davis
Highway Corridor.
II. Recommend approval' of the amendment to zoning (Case .98SN0115) relative to access and
uses. Recommend' denial of the amendment relative to paving and height of stored
equipment and that Proffered Conditions 7 and 8 :not be accepted.
A. The amendments relative to access will minimize traffic impact by limiting access to
Jefferson Davis Highway for the enti~e parcel to a single entrance/exit.
Ce
The amendmentS relative to uses clarifies that the uses permitted include those
permitted by right and with restrictions inthe C-3 and I-1 Districts.
The excePtions to :paving and storage height requirements are inconsistent with the
goals and policies of the Jefferson Davis Corridor Plan which recommends
improving the image and aesthetic qualitY of development along the cOrridor.
III.
Recommend denial of the Conditional Use Planned Development to permit exceptions to
paving and screening of storage area requirements and that Proffered Conditions 2, 7, 8 and
10 not be accepted. This recommendation is made for the following reason:
The exceptions are inconsistent with the goals and policies of the JefferSon Davis
Corridor Plan which recommends improving the image and aesthetic qualitY of
development along the corridor.
(NOTE: ~CONDITIONS MAY' BE IMPOSED OR THE PROPERTY OWNER-MAY PROFFER
OTHER CONDITIONS. THE CONDITIONS NOTED WITH. "STAFF/CPC" WERE AGREED
UPONBY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF"
V!
ARE~-RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A' CPC ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
The following shall apply to that portion of the property being
rezoned to C-5 (Tax IDs 791-677-3297, 3392 and.4695, 791-678-
3418, 3513, 3608 and 3703):
(STAFF/CPC)
A minimum twenty-five (25) foot buffer shall be maintained
along the western property boundary adjacent to the Taw
Street right-of-way. This buffer shall conform to the
2 02SN0145-SEPT17,BOS
(cPc)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
requirements of the. Zoning Ordinance for twenty-five (25)
foot buffers. (P)
A buffer shall, be provided to. screen outside storage areas
from properties to the east and west. This' buffer ~shall be
accomplished by building, design or by the use 'of durable
architectural walls or fences constructed of comparable
materials to the. principal building and using- a design
compatible to the princiPal' building on the property. The
treatment of this buffer shall be approved at the-time of site
plan review and.approval. (P)
(Staff Note: This Proffered Condition applies to any areas not
addressed by proffered Condition 10.)
Prior to anY site plan approval, sixty (60) feet of right-of-way
on the west side of Jefferson Davis Highway (U.S: Route 1 &
301), as measured from the centerline of that partofthe road
immediately adjacent to- the request property, shall be
dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
The public wastewater system shall be used when a public
sanitary seWer line is in place and operational on the western
side of Jefferson Davis highway (U.S. Route 1 & 301) and is
within 200 :feet ofthe request site. (U)
The following shall applY to the .existing C-5 property. (Tax IDs
791-677-4189, 4284 and 4379) and the proposed C-5 property (Tax
IDs 791-677-3297, 3392-and'4695, 791-678-3418, 3513, 3608 and
3703):
Prior to any site plan approval, thirty (30) feet of right-of-way
on the east side of Taw Street, as measured from the
centerline:ofthat part of the road immediately adjacent to the
request property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
Direct access from the request property shall be limited to one
(1) entrance/exit on Jefferson Davis Highway (Route 1 &
301). The exact location of this access shall be approved by
the Transportation Department. Prior to any site plan
approval, an access easement, acceptable to the
Transportation Department, shall be recorded to ensure shared
use of this accesS with the adjacent property to the south. (T)
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(cPc)
(CPC)
(STAFF/CPC)
(cpc)
(Note: This condition:supersedes'Proffered COndition 2 of
Case 98 SN0115 for Tax IDS :791-677-4189, 4284 and 4379,)
All outside storage'areas shall be surfaced with at'least six (6)
inches of No. 21-orNo. 2lA stone, That area located within
175 feet of Jefferson Davis Highway and 1151 feet of the
Southern boundary shall be paved with concrete, bituminous
concrete or other Similar material. (P)
(Note: This condition Supersedes Proffered Condition 5 of
Case 98SN0115.for Tax IDs 791-677-4189, 4284 and 4379.)
Any equipment stored on site shall not exceed a stored .height of
twelve (12)'feet. (P)
(Note: This condition supersedes Proffered: Condition 6 of
Case 98 SN0115 for Tax IDs 791.-677-41'89, 4284 and 4379 .)
9. Uses permitted shall be.restricted to the following:
a)
b)
c)
d)
e)
g)
h)
J)
Any permitted or restricted uses in the C~3 District.
Any permitted or restricted uses in the' I-1 District.
Boat sales, service, repair and rental.
Building material sales yard, not including concrete
mixing.
Commercial automobile parking.
Contractor's shops and storage yards.
Farm implements and machinery sales; service, rental
and repair establishments
Motor vehicle sales, service, repair and rental.
Satellite dishes.
Utility trailer and track rentals. (P)
(Note: This condition supersedes Proffered Condition 7 of
Case 98SN0115. for Tax IDs 791-677-4189, 4284 and 43790
10.
The view of any Outside storage area shall be minimized by
the following:
A ten (10) to fourteen (14) foot high brick and metal
siding, screening wall shall be installed generally
parallel to Jefferson Davis Highway.
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A six (6)foot high wood privacy fence shall be
installed'along the western property line 0n the eastern
edge of the twentyrfive (25) foot buffer, as required by
Proffered Condition 1.
A brick andmetal siding screening wall, with atop of
wall elevation: height equal to that of the Wall of
similar design as described in ConditiOn 10a., shall be
installed fora distance of sixty (60) feet parallel to the
northern property, line to enclose the storage area. In
addition,aneight (8) foot high solid wood or concrete
privacy fence shall be installed along this same line
parallel to the northern property linefor the remaining
distance until 'it intersects the six (6) foOt high wooden
fence along the Western .property line as required in
Proffered· Condition 10.bl Landscaping shall be
installed alOng the northern property bOundarY outside
the fence to minimize the view of the fence bom
adjacent properties and rights of way. The exact
species, spacing and size of landscaping shall be
apProved at the time of site plan review. (P)
GENERAL INFORMATION
Location:
Fronts' the.west line.of Jefferson Davis Highway, across from Gayland Avenue. Tax ID 791-
677-3297,3392, 4189, 4284, 4379 and 4695 and 791-678-3418, 3513, 3608 and 3703 (Sheet
23).
Existing Zoning:
C-3 and C-5
Size:
3.4 acres
Existing Land Use:
CommerCial and vacant
5 02SN0145-SEPT17-BOS
AdiaeentZoning and Land Use:
North
SOuth
East
West
- C-3; Vacant
- C-3; Commercial
- R-7, C~3 and C-5; Manufactured home' park
'- R-7; Single family reSidential or vacant
UTILITIES
Publi~ Water System:
There is. an existing eight (8) inch water line extending:along Jefferson DavisHighway,
-adjacent to therequest site. Use of the public water system is required by County Code.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector, line along GaYland Avenue,
approximately675 feet northeast of the request site-and an existing eight (8) inch'Wastewater
collector line along Noel Street, approximately 780 feet southeast of the request site. In
addition, there is an eXisting ten (10) inch wastewater trunk line extend'rog across the request
site that is owned and maintained by'the FederalGOvernment, to provide Wastewater service
to the Defense SuPply Center of Richmond (DSCR). While the existing pUblic wastewater
system is not available :to' serve this site, the Utilities Department has: approached DSCR
concerning the County acquiring portions of this wastewater system to assist in providing
wastewater service to RayOn Park. Should this-wastewater line be accepted-into the public
system, public wastewater service would be available-to serve the request site. While the
Utilities Department recommends use of the public wastewater'system, and it is the intent of
the applicant to utilize aprivate septic system,.the.applicanthas proffered that at such time as
the existing wastewater line crOssing the request property becomes part of the Chesterfield
County public wastewater system, the owner/applicant will connect all structures to the
pUblic wastewater system. (Proffered Condition 4)
ENVIRONMENTAL
Drainage and Erosion:
The property drains north and then via tributaries to the James River. There are.no on- or
offsite drainage or erosion problems. However, the northern portion of the property is
subject to a 100-year backwater from Jefferson Davis Highway. Therefore, uses in this area
will be limited.
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Fire :Service:
PUBLIC FACILITIES
'~.' "The. Bensley Fire/RescUe Station, comPany Number 3,currently provides fire protection and
emergency medical service (EMS). ~lvai'sre_qu. est will have minimal impact on. fire and EMS
service. - ...........
TransPortation:
The applicant is requesting rezoning from Community Business (C-3) to General Business
(C-5) on l ;9 acres,~and requesting amendments:to, the current General Business (C-5) zoning
on theadjacent 1.5 acres. The:request will not limit develOpment on the !,9 acres or the 1.5
acres to a specific land USe; therefore, it is.difficult to anticipate traffic generation. Based on
:..shopping center trip rates, development of all the property could generate approximately
3,440.average daily trips. These vehicles will be. di~irib~iteri;along JeffersonD~t¢iS HighWay
(Route 1/301), whichhad a 2001 traffic count 0f;27,975 vehicles per day.
The Thoroughfare:Plan identifies Route 1'/301 as'a.major arterial with a recommended right
Of way width of t20 to. 200 feet. The.applicant has proffered to dedicate sixty (60) feet of
right of way, measured from the centerline of Route 1/301, in accordance .with that Plan
"(Proffered condition 3): The applicant has alsoPr°fferealto dedicate thirty (30) feet of right
o of way along TawStreet in accordance with.theZoning Ordinance. (Proffered Condition
5)
Devel°pment must adhere to' the Zoning Ordinance relative to access and internal circulation
.... (Article 5). AcceSs to major arterials, such as Route 1/301, should be contrOlled. Proffered
' Condition2 of Case 98SN0115 limited the eXisting C:5 zoned property to one (1) access.
- Proffered Condition 6 would modify the original, proffer to allow only one (1) access to
;fferson Davis Highway from the entire property Which is the subject of this request. The
plicant has proffered that direct access frOm the property to Route 1/301 will be limited to
one (1) entrance/exit (Proffered Condition 6), The adjacent property to the South is located
in the northwest corner of the Congress :Road andRoute 1/301 intersection, and has been
developed for a furniture store. The furniture store:has an'access onto both Congress Road
.... and Route 1/301. In conjunction with some development'that has occurred on the subject
property, an access was constructed onto :Route t/301, approximately 1'50. feet north of the
furniture store's access. Proffered Condition 6, requires that an access easement be recorded
across the subject property to the furniture store parcel. If the furniture store parcel were
redeveloped, this access easement would allOw-for'relocating the furniture store's Route
1/301 access through the subject property.
The property is located within the Jefferson Davis Highway Enterprise Zone. Based on the
Board of Supervisors' Policy regarding development within the Enterprise Zone, road
improvements will not be required by the County. - Road improvements may be required by
the Virginia Department of Transportation.
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02SN0145-SEPT17-BOS
At time of site plan revieW, specific recommendations will be provided regarding access and
internal circulation2
LAND USE
Comprehensive Plan:
-. Lies withinthe boundaries.of the Jefferson Davis Corridor Plan which suggestS the property
is appropriate for general, commercial use.
Area Development Trends:
Properties to the north and south are zoned and developed for commercial uses or.remain
vacant. Properties.-to:the west:have been Zoned and developed for single, family residential
· use or remain vacant. Properties to the east, east_Of Jefferson DaVis Highway, are zoned for
reSidential, and commercial uses and have developed as a manufactured home park. It is
anticipated that area properties fronting JeffersOn Davis Highway which areVacant will be
developed for Commercial uses while property tothe west is expected to continue to develop
for residential Uses.
Zoning History:
On May 27, 1998,,the Board Of Supervisors approved rezoning from Community Business
(C-3)to GeneralBUsineSs.(C-5)onaportionoftherequeStproperty(case98SN0115). The
Planning Commission had recommended denial' of therequest. With the approval of Case
: 98SN0115, conditions were accepted and~imposed :to minimize the-impact ofthe requested
uSes on adjacent residential development and. existing and future development along the
. ~ Jefferson Davis HighWay Corridor.
Current Zoning Proposal:
The applicant is proposing to rezone 1~9 additional acres to C-5 to accommodate additional
area for the business. Secondly, the applicant is seeking amendments to Case 98SN0115
relative to access (Proffered Condition 5 Case 98SN0115) and height of stored material.
(Proffered Condition 6, Case 98SN0115)
Thirdly, the applicant is requesting.a Conditional Use Planned Development to obtain
exceptions of Zoning Ordinance requirements relative to paving and screening of outside
storage areas.
Proffered conditions restricted the uses permitted on the existing zoned C-5 property. The
proffers failed to clarify that the uses permitted would include those uses permitted 'by right
8 02SN0145-SEPT17-BOS
· ',': ,- i:i~.I 'or'with restrictions in the Cz3'-and.I,1 Districts :(PrOffered Condition 7, Case 98SN0115).
'~" ? This request PropoS%to amend, the original zo~g't° Clarify the uses permitted and to allow
. . - :-i. the same,uses' onlthe proposed C-5 property (pr6ffered Condition 9). Staff supports the
~ amendments because the uses comply with the Plan whichSuggests that general commercial
; De~elCpmem Standards:
~ :~'_~ ~!-:'~Currently;' theipr°Perty lies within, the JefferSon Davis Highway Northern Area Post
· . '~ Development Area. The. purpose of Post Development Area standards is to prOvide flexible
~. i~:: :iiii! design criteria inareas ~ h~tve already experienced deX, elopment and ensue continuity of
· ~ :'~: development.· .R~dev, eloPment of this Site or,new cOnstruction must conform' to the
.,. ' ~!:.~! requirements of the. Zoning Ordinance, whiCh, address access, parking;, landscaping,
).-~ 'architectural trea '~tment, setbacks, signs, buffers, utilities and screening of dumpSters and
~ '~ ::!:-··loading areas except as may be amended by this case..
:"' -.!~, It should, be nOted~the applicant:is requesting anexceptiOn to Proffered Condition 5 of Case
? '98SN0115 :that required outside storage-areas to :be paved and a Conditional-Use Planned
?:'DeVelopment relative to paving requirements..Inlieu of paving, the applicant, has'agreed to
: :.~..: surface outside· storage areas with a minimum oLsix (6)-inches of Number 21 or Number
· ~i:i: 2lA stone (Proffered COndition 7). The existing C-5.zOning and Zoning Ordinance require
;'-that all outside storage areas be paved with concrete, bituminous concrete or other similar
' · ' y'material~ The zoning Ordinance would allO~.areas fOr the storage of track mounted
· : equipment to be Surfaced with six (6) inches of Number 2.1 or 2lA Stone. Staff does not
' ~' :i':.: support this amendment and eXception because therequirements were negotiated through the
. -.~ ' original approval and.addressed concerns of the plan~relative to improving the image and
..... aesthetic quality of JefferSon Davis.Highway. ~. Should the Commission or Board wish to
· ! 'allow some flexibitity~ a.more appropriate action woUld be to delete Proffered Condition 5 of
· ~ Case 98SN0115 thereby~requiri~a~ ct}mpliance with the Ordinance which would allow gravel
. .: for tract mOunted equipment Storage, but require ipaving for other outside storage areas.
· ! H6ight and Screening of Outside Storage:
With the approval of Case 98SN01.15, a condition was proffered which limited the stored
:;: i heightof equipment on the-existing C-5 prope~ to a.maximum often (10)'feet (Proffered
Condition6, Case 98SN0115). The applicant is-requesting that the height limit be-increased
"to twelve (12):feet and that the same limit~.be applied·to the property requested to be rezoned
' to'C-5 (proffered ·Condition 8). The original condition was negotiated while the applicant
~. was meeting with area property owners and the District Commissioner. The purpose of the
: height limitation was to insure that equipment not exceed the height of the wall which was
being constmcted on the property. The wall varies in'height between ten (10) and twelve (12
feet. If this conditiOn is removed, there is the possibility that the equipment Would be visible
off-site.
9 02SN0145~SEPT17-BOS
Further, the Zoning Ordinance requires that outside storage areas be screened from view of
adjacent properties where suchuses are not permitted and from public rightsOfway. Since
outside storage isa non'conforming use on thatpart ofthe property currently zoned C-5, the
outside storage isnot requiredto meet Ordinance standards. Therefore, Proffered COndition
:.2 has beenofferedto screen outside storage areas from prOperties to the east and west for that
" part ofthe property which is non-conforming. A COnditional Use Planned DeVelopment has
been'requested to allow an exception to screening_ of outside storage areas, on that-part o f the
propertyprop0sedfor'rezoning. Staffcannot support the eXceptions to screening ofoutside
StOrage areas becaUSe such exceptions violate.the goals of the Jefferson Davis Corridor Plan
which recommends improving.the image and aestheticS along the Corridor.' Therefore, it is
recommended that Proffered Conditions 2, 8 and 10 not be accepted.
- Buffers:
Adjacent property-to the west is zoned Residential :(R-7) and is occupied by single family
residences or-iS vacant~' The applicant has agreed to.provide a twenty-five (25) foot buffer
along the western property boundary of the site proposed to be rezoned to C-5 adjaeent to the
Taw Street'fight of way and anticipated residential-.development to the west. (Proffered
Condition 1)
CONCLUSIONS
The propOsed C-5 zoning and land uses conform with the Jefferson Davis CorridOr Plan which
suggests the property is-appropriate for general commercial use.' In addition, the proposed C-5
zoning and land uses are compatible with, and representative of, existing and anticipated
develOpment along this portion of the Jefferson :Davis Highway Corridor. Further, amendments
relative to access 'and Uses are appropriate for the reasons discussed herein.
Amendments relative to paving, height of Stored equipment and screening of outside storage areas do
not conform to the goals of the Jefferson Davis Corridor Plan. Further, limitations on Storage height
were negOtiated at ithe time of the-original C-5 zoning.
Given these considerations, the reZOning to C-5 and amendments to Case 98SN0115 relative to uses
' and access is recommended. Denial is recommended for the exceptions to height and screening of
outside storage, and paving requirements.
CASE HISTORY
Planning Commission Meeting (5/20/03):
At the request of the applicant, the Commission deferred this case to the Commission's
August 19, 2003, public hearing.
10 02SN0145-SEPT17-BOS
Staff(5/2!~03):
The applicant was :advised in writing that any significant new or revised information should
be submitted no later than June 16, 2003, for cOnsideration at the Commission's August 19,
2003,-public hearing. Also, the applicant was advised thata $140.00 deferral fee must be
paid prior to the Commission's public heating.
AppliCant (5/27/03):
'. The deferral fee was paid.
AppIicant, Staff and District Commissioner (7/18/03):
A meeting was -held On site to discuss this request. The applicant indicated his intent to
address concerns relative to screening of outside .storage and paving.
Applicant (7/25/03):
To date, no additional information has. been submitted.
AppliCant (8/6/03 ~and 8/15/03):
The applicant submitted revised proffered conditions.
planning Commission Meeting (8/19/03):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was nO .oPPosition,present.
Mr. Cunningham indicated the proposed and existing improvements to the site prOvide
screening-to mitigate the impact on area properties.
On mOtion of Mr. Cunningham, seconded by Mr. Gulley, the Commission recommended
apprOval of this request and acceptanc~ of the proffered conditions on pages 2 through 5.
AYES: Unanimous~
11 02SN0145-SEPT17-BOS
The Board of SupervisorS, on Wednesday, September 17, 2003, beginning at 7:00 p.m., will take
under consideratiOn this request.
12 02SN0145- SEPT 17-BOS
.~NO