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17SN0505 CASE NUMBER: 17SN0505 APPLICANT: Amy D. Varela CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: MIDLOTHIAN 17401 Midlothian Turnpike AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: DECEMBER 14, 2016 BOS Time Remaining: 365 DAYS Applicant’s Contact: AMY D. VARELA (804-943-8329) Planning Department Case Manager: DARLA ORR (804-717-6533) APPLICANT’S REQUEST Rezoning from Community Business (C-3) and Agricultural (A) to General Business (C-5) with Conditional Use Planned Development to permit exceptions to ordinance requirements. Specifically, exceptions are requested to setbacks, parking, screening, loading areas, landscaping and outside display in the Employment Center Design District. Commercial uses are planned. Uses would be limited to those uses permitted in the Community Business (C-3) District and certain General Business (C-5) uses, including automobile and motor cycle sales, service and repair, carport and utility trailer sales and contractor’s office and storage yard. Notes: A. Conditions may be imposed or the property owner may proffer conditions. B. Proffered conditions, Textual Statement and an exhibit are located in Attachments 1 thru 3. RECOMMENDATIONS RECOMMEND APPROVAL PLANNING Permits continued commercial use with limitations COMMISSION (11/15/2016) Consistent with existing C-5 zoning north of Midlothian Turnpike RECOMMEND DENIAL Proposed zoning and land use represent a deviation from the corporate office/research and development/light industrial land STAFF use suggested by the Comprehensive Plan. Proposed land use inconsistent with existing and anticipated area development Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue Zoning and land use are a deviation from the corporate office/research and development/light industrial land use suggested by the Comprehensive Plan Expanded commercial uses could set a precedent for further PLANNING strip commercial development in the area, thereby impacting parcel aggregation for future office, research and development and light industrial uses as suggest by the Comprehensive Plan Permits expansion of uses with minimal site improvements typically required for new developments 217SN0505-2016DEC14-BOS-RPT 317SN0505-2016DEC14-BOS-RPT Map 2: Comprehensive Plan Classification: CORPORATE OFFICE/RESEARCH & DEVELOPMENT/LIGHT INDUSTRIAL This designation suggests the property is appropriate for corporate office, research and light manufacturing uses without outside uses or storage. Aggregation and master planning is suggested to enhance economic potential, overall design and coordinated access and road plans. Map 3: Surrounding Land Uses & Development Frameway Rd Commercial, residential uses and vacant; zoned A, C-5 and I-1 County Line Rd Single family residential and agricultural use; zoned O-2 MidlothianTpk 417SN0505-2016DEC14-BOS-RPT PLANNING Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Approved Zoned 1.3 acres of subject property from Agricultural (A) 84SN0002 2/22/1984 to Community Business (C-3) Conditional Use Planned Development to permit sale and repair of motorcycles and sale of motorcycle trailers and accessories Exceptions granted specific to motorcycle sales, Approved repair and trailer and accessory sales. Exceptions 85SN0080 7/24/1985 permit a 5 ft. setback for outside display from Midlothian Turnpike and size and paving of parking Conditions limited outside display to 5 items, prohibited additions/alterations to building, and addressed screening, storage and site layout PROPOSAL The applicant proposes rezoning of the request property to General Business (C-5) to permit commercial usestypically associated with increased outside storage and display. Permitted uses would be limited to uses permitted in the Community Business (C-3) District plus certain General Commercial (C-5) uses. The applicant has indicated she desires the rezoning to be able to better market the property for leasing. She stated she has a pending three (3) year lease agreement with a landscaping contractor who installs decorative patios. The principal structure on the property was constructed in 1940 and is considered a non- conforming structure relative to setbacks. Other improvements have been made to the property owner time, many of which do not comply with current Ordinance standards. Exceptions, as outlined in the Textual Statement, are requested to Zoning Ordinance requirements to document these improvements which may remain but cannot be expanded or altered without complying with ordinance standards. These existing structures, as well as planned outside display and storage areas are identified on Exhibit A in Attachment 3. Exceptions are requested relative to screening, size and treatment of parking and side setbacks and setbacks from Midlothian Turnpike for existing buildings, outside display, parking and drives. Except as permitted in the Textual Statement (Attachment 2), development of the property shall comply with the standards of the Employment Center Design District which address screening, landscaping, setbacks, and building heights. These standards would affect any redevelopment of the property, which includes, although not exclusively, construction of any new buildings and/or building additions or alterations, and any additional parking or drives. 517SN0505-2016DEC14-BOS-RPT The following provides an overview of the development’s design standards: General Overview Requirements Details Textual Statement is the master plan Master Plan Proffered Condition 1 Limited to C-3 usesand certain C-5 uses Uses Proffered Condition 2 Permitted accessory to a permitted use provided: Outside storage is located behind the existing principal building and is screened Outside Storageand Display Outside display is located in the area identified on Exhibit A Proffered Conditions 2, 3, 4 and Textual Statement 617SN0505-2016DEC14-BOS-RPT FIRE SERVICE Staff Contact: Anthony Batten (717-6167) battena@chesterfield.gov This request will have minimal impact on Fire and EMS. Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Midlothian Fire Station, Company Number 5 EMS Facility The Forest View Volunteer Rescue Squad 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. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT has no comment on this case. 717SN0505-2016DEC14-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The proposal’s impacts on the County’s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Closest Connection Required by County Code Serviced Existing Line Water Yes 16”Yes Wastewater No NA No Utilities Issues This site is in the mandatory water and sewer connection area. Any new structures will be required to connect to sewer. Sewer is currently located approximately 10,500’ from property. The proposed request will not impact the public water and wastewater systems. ENVIRONMENTAL ENGINEERING Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward (748-1028) wardr@chesterfield.gov Stormwater Issue Discussion/Conditions Located within the Upper Swift Creek Watershed Geography Property drains to a natural channel which discharges to an unnamed tributary to Swift Creek Prior to any proposed improvements or site plan approval, a Environmental Natural Resources Inventory (NRI) and Resource Protection Area Issues Designation (RPAD) must be submitted and reviewed by the Department of Environmental Engineering-Water Quality Section If greater than 2,500 square feet of total land disturbance will Erosion and occur as a result of any proposed improvements, a land Sediment Control disturbance permit will be required If greater than 2,500 square feet will be disturbed with any Stormwater proposed improvements, the project will be subject to the Part Management IIB technical criteria of the Virginia Stormwater Management Program Regulations for water quality and quantity 817SN0505-2016DEC14-BOS-RPT CASE HISTORY Applicant Submittals 7/8/2016 Initial application submitted 11/7/2016 Revised proffered conditions submitted Community Meetings 9/12/2016 Issues Discussed Proposed uses Hours of operation Prohibition on nightclubs 11/7/2016 Issues Discussed Proposed uses, their locations and development standards Concern with nightclubuse Planning Commission Meeting 11/15/2016 Citizen Comments One citizen spoke in opposition expressing concerns relative to: Precedent C-5 zoning may set for additional C-5 zoning in area o Effects on marketability of family-owned adjacent O-2 property o Traffic o Activities such as with nightclub use and other C-5 uses that would be o permitted Commission Discussion Mr. Jones noted two community meetings were held on this request. He advised in consideration of existing area C-5 zoning to the north; the history of the property’s commercial use; the proffered limitations; and the potential for future parcel aggregation with adjacent O-2 property for redevelopment, he was supportive of the request. Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Jones Second: Freye AYES: Wallin, Sloan, Frye, Jackson and Jones The Board of Supervisors on Wednesday, December 14, 2016, beginning at 6:30 p.m., will consider this request. 917SN0505-2016DEC14-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: The Planning Commission recommends acceptance of the following proffered conditions offered by the applicant 1. The Textual Statement dated October 24, 2016 shall be considered the master plan. (P) 2. The following uses shall be permitted: A. Except as provided herein, uses permitted in the Community Business (C-3) District. B. Automobile (including motorcycle) sales, service and repair; excluding body, major engine and transmission repair and consignment sales, provided: i. Except for minimal repairs necessary to allow a vehicle to be moved into a service area, repair activities and storage of new or replaced repair materials shall occur inside a building. ii. Elevated display of automobiles shall not occur. iii.A maximum of fifteen (15) vehicles for sale shall be permitted at any one time to be displayed outside of a building. Such display shall only occur within the area identified as “Display Area” on Exhibit A and as outlined herein. C. Contractor’s shop and storage yard, provided any associated outside equipment/material storage shall only occur in the area identified as “Storage Area” on Exhibit A and as outlined herein.This does not preclude contractors from having outside displays of products (such as a landscaped outdoor patio) provided such display shall only occur in the area identified as “Display Area” on Exhibit Aand as outlined herein. D. Electrical, plumbing or heating supply sales, service and related display rooms. E. Carport sales provided only one (1) carport shall be permitted to be displayed outside of a building. Such display shall only occur within the area identified as “Display Area” on Exhibit A and as outlined herein. F. Utility trailer sales, service and repair provided a maximum of five (5) utility trailers for sale shall be permitted to be displayed outside of the building. Such display shall only occur within the area identified as “Display Area” on Exhibit A and as outlined herein. (P) 3.Outside Display: Outside display shall only be permitted accessory to uses permitted in Proffered Condition 2.B. through F. and only in the area identified as “Display Area” on Exhibit A. Such display area shall not exceed 30 feet by 40 feet in area. The display is reserved for product display (such as with carport sales, patio display, and automobiles for sale). Outside storage of equipment, parts or materials is not permitted within this area. (P) 4.Outside Storage: Outside storage shall only be permitted as accessory to a permitted use; shall only be permitted behind the existing principal building in the area identified 1017SN0505-2016DEC14-BOS-RPT as “Outside Storage Area” on Exhibit A; and shall be screened in accordance with the requirements of the Zoning Ordinance. (P) 1117SN0505-2016DEC14-BOS-RPT ATTACHMENT 2 TEXTUAL STATEMENT October 24, 2016 I. The request property is located within the Employment Center Design District. Except as outlined herein to accommodate use of the existing buildings, parking and drives as identified on Exhibit A, development of the property shall comply with the Zoning Ordinance standards for the Employment Center Design District. Development of the property shall be any redevelopment of the property to include any new buildings, building additions or alterations (except as required to provide necessary accommodations for the handicapped such as ramps), and construction of any additional parking or drives. II. Use of Existing Garage Bays Oriented Towards Midlothian Turnpike Use of existing garage bays on the principal building, as identified on Exhibit A, for loading or repair of vehicles or equipment in conjunction with a permitted use shall be permitted provided the middle access to Midlothian Turnpike shall be closed and a landscaped area shall be provided to minimize view of such bays. Prior to use of the existing garage bays, an access closure and landscaping plan shall be submitted to the Planning Department for review and approval. Such approved landscaping shall be installed in accordance with the landscaping plan. Any redevelopment of the property shall require any garage bay doors to be screened in accordance with the Zoning Ordinance requirements for loading areas. III. Motorcycle Parking Should the property be used for motorcycle sales, service and repair, a maximum of ten (10) parking spaces shall be permitted to be reduced in size to three (3) feet in width and six (6) feet in length to accommodate parking for motorcycles. IV. Setbacks for Existing Structures, Parking and Drives (as identified on Exhibit A) – Except as outlined below, buildings, parking and drives shall comply with Zoning Ordinance standards: A. The existing principal structure shall have setback from Midlothian Turnpike of a minimum of fifteen (15) feet. B. The existing parking shall have a setback from Midlothian Turnpike of a minimum of fifteen (15) feet and a side yard setback from the western property boundary of a minimum of eight (8) feet. C. There shall be no minimum setback for the existing drive from Midlothian Turnpike and a side setback from the western property boundary of a minimum of seven (7) feet and from the eastern property boundary a minimum of 10 feet. 1217SN0505-2016DEC14-BOS-RPT D. There shall be no parking permitted within the front setback between the existing principal building and Midlothian Turnpike. V.Standards for Outside Display Area –Except as outlined below, the display area shall comply with Zoning Ordinance standards: A. Outside display shall be permitted as outlined in the proffered conditions and as identified on Exhibit A. Such area shall be setback from Midlothian Turnpike a minimum of twenty-five (25) feet. B. The display area as identified on Exhibit A shall have a surface treatment of a minimum of six (6) inches of No. 21 or No. 21A stone or similar materials as may be approved by the Planning Department. C. Landscaping shall be installed to soften view of the display area from Midlothian Turnpike. Within thirty (30) days of the approval of this request, a landscaping plan shall be submitted to the Planning Department for review and approval. Such approved landscaping shall be installed within 120 days of the approval of this request. Any redevelopment of the property shall require all outside display areas to comply with Zoning Ordinance standards. VI. Existing Shed The existing 8 foot by 12 foot shed identified on Exhibit A shall remain but shall not be expanded or altered unless in compliance with Zoning Ordinance standards. VII. All existing parking areas, as identified on Exhibit A shall have a surface treatment of a minimum of six (6) inches of No. 21 or No.21A stone. Any redevelopment or expansion of the parking area shall require all parking to comply with Zoning Ordinance standards. 1317SN0505-2016DEC14-BOS-RPT ATTACHMENT 3 EXHIBIT A Middle Entrance Middle Entrance Closure & Closure & Landscaping Landscaping Existing Parking Area Existing 8’ X 10’ shed Outside Storage 30’ X 40’ Area Display Area 1417SN0505-2016DEC14-BOS-RPT