Loading...
91SR0175May-2'} ~ -t99t-~P~ June 26, 1991 BS R]ZQUEST ANALYSIS AJ~D RECOMMENDATION glSR0175 Thomas Beck Bermuda Magisterial District Southwest quadrant of Jefferson Davis Highway and Drewrys Bluff Road REQUEST: Amendment to Conditional Use Planned Development (Case 86S094) relative to buffer requirements along the northern, southern and western boundaries of the request property. Specifically, the applicant seeks amendment to buffer requirements to: Delete the requirement for landscaping along the southern property line (Buffer B on attached plan); Reduce the fifty (50) foot buffer, located along the northern property boundary and a portion of the western property boundary, to between twenty-five (25) and ten (10) feet and also delete the landscaping requirement within the buffer (Buffer A on attached plan); Reduce the fifteen (15) foot buffer along a portion of the western property boundary to seven (7) feet and also delete the landscaping requirement within the buffer (Buffer C on attached plan). PROPOSED LAND USE: The request property has been zoned and developed for a boat sales, service and repair facility. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL OF TIIE DELETION OF LANDSCAPING WITHIN A PORTION OF THE SOUTHERN BUFFER, SUBJECT TO THE CONDITION ON PAGE 2. RECOMMEND DENIAL OF THE REDUCTION IN THE WIDTH OF THE NORTHERN AND WESTERN BUFFERS AND DENIAL OF DRLRTION OF LANDSCAPING IN THOSE BUFFERS. STAFF RECOMM~ATION Recommend approval of deletion of required landscaping along the southern property boundary provided such deletion is acceptable to adjacent property owners (i.e., Request 1). Reuommend denial of the requested reduction in buffer widths and deletion of the landscaping requirement within these buffers (i.e., Requests 2 and 3). These recommendations are made for the following reasons: me The landscaping and buffer requirements along the southern property boundary were negotiated between the applicant and adjacent property owners. Therefore, deletion of landscaping in the southern buffer would be appropriate if such deletion is acceptable to the adjacent property owners. Approval of the requested reductions in buffer widths along the northern and western property boundaries would be contrary to the Planning Commission's and Board of Supervisors' previous actions with respect to reduction in buffer widths (see Zoning Case History). The existing buffer requirements, along the northern and western property boundaries adjacent to residentially zoned property, are designed to protect,existing residential development to the west and afford residents the ability to enjoy residential lifestyles. A reduction in buffer widths could severely diminish any practical. effectiveness of these buffers and could adversely impact area residential development. The development standards of the "new" Zoning Ordinance require 100 foot buffers for a boat sales, service and repair facility adjacent to residentially zoned property. The existing, approved buffers are significantly less than what the "new" Ordinance requires.. Approval of the applicants' proposal, to reduce these buffers further, would be contrary to the recently adopted standards established for new development along Jefferson Davis Highway where adjacent to residential districts. (NOTE: THE CONDITIONS NOTED WITH "ST~lrF/CPC'' WEEE AGP~UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAIrF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY TItE PLANNING COMMISSION.) CONDITION (cpc) Within the buffer along the southern property boundary, for a distance of 200 feet from Jefferson Davis Highway, existing stumps shall be removed and the area shall be fine-graded and seeded with la~ grass. The remaining portion of the southern buffer shall be as required by Case 86S094. (CPC) (NOTE: This condition is in addition to the condition of approval for Conditional Use Planned Development Case 86S094). Should the Board wish to approve the casa as requested by the applicant and as desired by the edJacent property owner to the south, Conditional Use Planned Development 86S094 should be a~andad as followe: 2 PC/91SN0175/JUNE26I CONDITION Buffers shall be as depicted on the plan prepared by Dean E. Hawkins, ASLA, dated September 15, 1986, last revised February 6, 1991, which was submitted with the application. Further, within the buffer along the southern property boundary, existing stumps shall be removed- and the area shall be fine-graded and seeded with lawn grass. (NOTE: This condition supersedes ~he condition of approval for Conditional Use Planned Development Case 86S094.) GENERAL INFORMATION Location: Southwest quadrant of Jefferson Davis Highway and Drewrys Bluff Road. Tax Map 67-3 (1) Parcel 51 (Sheet 23). Existing Zoning: B-3 with Conditional Use Planned Development Size: 3.5 acres Existing Land Use: Boat sales, service and repair business Adjacent Zoning & Land Use: North - R-7, B-2 and B-3; Single family residential, commercial or vacant South - R-7 and B-2; Single family residential or vacant East - B-2; Commercial West - R-7; Single family residential'- ~ PUBLIC FACILITIES Utilities; Environmental Engineering; Fire.Service; and Trmn~portation: This amendment will have no impact on these facilities. LAND USE General Plan: Lies within the boundaries of the Central Planing Area Land Use and Transportation Plan, which designates the property for general commercial use. 3 PC/91SN0175/JUNE26I Area Development Trends: Properties along this portion of the Jefferson Davis corridor are zoned commercially and have been developed for a mix of commercial and residential uses or remain vacant. Properties west of the corridor and adjacent to the request property, along Drewrys Bluff Road, and to the southwest, along Tower Road, are zoned residentially and have been developed for single family residences or rmmain vacant. Adjacent property to the south, along Jefferson Davis Highway, is zoned commercially; however, this property is occupied by a single family residence. Zonin~ History: On April 23, 1986, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning on the request property, from Residential (R-7) and Community Business (B-2) to General Business (B-3), with a Conditional Use Planned Development to permit bulk exceptions (Case 86S057). A boat sales, service and repair facility was planned and subsequently built on the request parcel. Conditions of zoning approval for Case 86S057 required that a fifty (50) foot buffer be maintained along the western property line and a portion of the northern property line where adjacent to Residential (R-7) property (i.e., Buffer A as shown on attached plan) and that a solid board fence and landscaping be installed along the southern property boundary adjacent to an existing single family residence (i.e., Buffer B, as shown on attached plan). On June 25, 1986, the Board approved an amendment to Case 86S057 to reduce a portion of the fifty (50) foot buffer along the western property boundary to fifteen (15) feet (Case 86S094) (i.e., Buffer C, as shown on attached plan). On January 28, 1987, the Board denied an amendment to Cases 86S057 and 86S094 to reduce the fifteen (15) foot and fifty (50) foot buffers (i.e., Buffers A and C) to five (5) feet. (Case 86S151) On June 22, 1988, the Board of Supervisors denied an amendment to Cases 86S057, 86S094 and 86S151 to delete requirements of previous zoning approvals relative to setbacks, landscaping, right of way dedication, outdoor speaker and paging syst-m~, lighting, signs, and buffers (Case 88S020). With respect to buffers, the applicant had requested that the required fifty (50) foot buffer (i.e., Buffer A) be reduced to fifteen (15) feet; that the required fifteen (15) foot buffer (i.e., Buffer C) be reduced to five (5) feet; and that the required solid board fence and landscaping along the southern property bounda~j (i.e., Buffer B) be deleted. The Board denied the requested amendment, noting that the applicant should comply with all requirements imposed with previous approvals. Conclusions: As noted in the Recommendation portion of this "Request Analysis and Recommendation," the landscaping requirement along the southern property boundary, adjacent to property fronting Jefferson Davis Highway, was 4 PC/91SN0175/JUNE26I negotiated between the applicant and adjacent property owners. Therefore, deletion of this landscaping would only be appropriate if such deletion is acceptable to the adjacent property owners. Residentially zoned property on the north and west sides of the request site, fronting Drewrys Bluff Road, is occupied by single family residences and the area to the west is a stable, well-maintained neighborhood. At the time of the original rezoning request (Case 86S057), staff noted that particular attention should be given to i~osition of conditions which would minimize the impact of intense commercial intrusion into the residential area. To that end, staff recommended maintenance of a fifty (50) foot buffer adjacent to the Residential (R-7) property. Within the buffer, landscaping, having a sufficient initial height and of a species to provide year-round screening, was required. There were no facilities permitted in the buffer area, other than utilities which run generally perpendicular through the buffer. Because of the intense nature of the boat sales, service and repair facility and associated outside storage area, a fifty (50) foot buffer was deemed necessary to protect the adjacent residential uses to the west, afford residents the ability to enjoy residential lifestyles, and to establish the western boundary for commercial development to minimize the possibility of further commercial intrusion into a stable single family residential neighborhood. As noted in the Zoning History portion of this "Request Analysis and Recommendation," the Board imposed the recommended fifty (50) foot buffer adjacent to residentially zoned property north and west of the request site. A subsequent amendment reduced a portion of this buffer to fifteen (15) feet. A further reduction in buffer widths could severely diminish any practical effectiveness of these buffers and could adversely impact area residential development. It should be noted that the development standards of the "new" Zoning Ordinance require 100 foot buffers for a boat sales, service and repair facility or similar general commercial use adjacent to residentially zoned property. The existing approved buffers are significantly less than what the "new" Ordinance requires. Approval of the applicants' proposal, to reduce these buffers further, would be contrary to the development standards established for new development along Jefferson Davis Highway where adjacent to residential districts. It should be further noted that the applicant has erected a solid board fence within the current required buffers, in violation of the previously imposed condition, as well as the approved site plan. Specifically, the approved site plan for the existing boat sales and service facility depicts fences in the proper locations, along the interior edges of buffers. Typically, where fences are installed in conjunction with buffers, such fencing is located along the interior edge of the buffer with landscaping between the fencing and property boundaries. In this manner, the visual impact of the fence is mitigated by vegetation which breaks up the view of the fence from adjacent residences. Given these considerations plus the Commission's and Board's past actions with respect to reduction in buffer widths, denial of the requested amendment to buffer requirements along the northern and western property 5 PC/91SN0175/JUNE26I boundaries is recommended. However, should the Commission and Board wish to approve this case, the condition outlined herein will accomplish the requested reduction in buffer widths and elimination of landscaping requiremmnts within buffers. CASE HISTORY Adjacent Property Owners to the South and Staff (5/20/91): A representative of the adjacent property owners to the south contacted staff and indicated that deletion of the required landscaping along the southern property boundary of the request site would be acceptable provided assurances are made that existing stumps within the buffer, between the existing fence and property boundary, are r~moved and the area is fine-graded and seeded with lawn grass. Planning Commission Meeting (5J21/91): The applicant did not accept the recommendation. A representative of the adjacent property owners to the south indicated that the applicant had not maintaLned the landscaped buffer along the southern property line and, therefore, the maintenance responsibility had fallen upon the adjacent property owners who are elderly. He stated that mowing the area would be easier than tr~mming trees and shrubs; therefore, deletion of the landscaping in the southern buffer would be acceptable if the area were fine-graded and seeded. The Commission expressed concern that the responsibility of maintenance of the southern buffer had fallen upon the adjacent property owners. The Commission stated that the maintenance of the buffers should be the responsibility of the applicant. The Commission agreed, however, that the adjacent property owners to the south had experienced much aggravation with respect to the existing uses and, therefore, their wishes should be followed. It was generally agreed, however, that the landscaping requirement should only be deleted for a portion of the southern property line. With respect to the northern and western buffers, however, the Commission stated that the widths and landscaping, as previously required, are necessary to protect area residential development from commercial encroachment and impacts. On motion of Mr. Perkins, seconded by Mr. Miller, the Commission recommended denial of the reduction in buffer widths and landscaping requirements along the northern and western property lines (i.e., Requests 2 and 3) and recommended approval of deletion of landscaping requirements along a portion of the southern property line (i.e., Request 1), subject to the condition on page 2. 6 PC/91SN0175/JUNE26I AYES: Messrs. Warren, Perkins, Belcher and Miller. A~SENT: Mrs. Boisineau. The Board of Supervisors on Wednesday, June 26, 1991, beginning at Z:00 p.m., will take under consideration this request. 7 PC/91SN0175/JUNE26I AREA __-<. :__-':_:->-_-.:.: q15t~0175-1 ZONING DISCLOSURE AFFIDAVIT Thomas F. Beck, Jr. , do hereby swear or affirm that to the best of my knowledge and belief, the following information is true: relief from conditions 1. I am the applicant for ~h~xl~m~lx~x~ on parcel number 51 of tax map number 67-3 requesting modification of conditions 2. With the exception of governmental entities and public service companies owning recorded easements over the proper}y (the "Subject Property") which is the subject of the land use amendment application referred to~ in Paragraph 1, the following is a list of the names and addresses of ail persons owning any legal or equitable interest in the Subject Property as a title owner, lessee, easement owner, contract purchaser, assignee, optionee, licensee or noteholder, including trustees, beneficiaries of trusts, general partners, limited partners and all other natural or artificial persons: Name Address Type of Ownership Interest Thomas F. Beck and tenants by the entireties with Josephine F. Beck survivorship as at common law. 4600 Bonnie Brae Court Richmond, Virginia 23237 NOTE: The equitable buyers' interest of Charles W. Beddow and Linda C. Beddow has been terminated by the attached recision agreement. 3. The following is a list of the names and addresses of all natural or artificial persons owning an interest in any corporation, partnership, joint ''venture, trust or other artificial person disclosed in Paragraph 2 (other than those Hsted in Paragraph 6 or Paragraph 7 below) which has a total of ten or fewer shareholders, partners, beneficiaries or owners: Name Address Name of Artificial Person NONE -2- SM/nwp4770: N27 4. The following is a list of the names and addresses of all natural or artifici~ persons owning 10% or more of any class of stock issued by a corporation or an interest of 10% or more in any partnership, joint venture, trust or other artificial person disclosed in Paragraph 2 (other than those listed in Paragraph 6 or 7 below): Name NOT APPLICABLE Address Name of Corporation -3- SM/nwp4770:N27 5. If any of the persons disclosed in Paragraphs 3 or 4 above is a corporation, partnership, joint venture, trust or other artificial person, the following is a list of all members of the Board of Supervisors of Chesterfield County, the Chesterfield County Planning Commission or their immediate households owning any interest in the Subject Property as a title owner, easement owner, contract purchaser, lessee, assignee, optionee or licensee, either individually or by ownership of an interest in a corporation, trust, partnership, joint venture or other artificial person owning any such interest: Name of Household Name of Supervisor Member or Commissioner' Description of Ownership Interest NOT APPLICABLE. -4- SM/nwp4770 :N27 6. I hereby certify that the following corporations disclosed in Paragraph 2 are retg-uJ, arly traded on a stock exchange or in the over the counter market or have more than 100 shareholders: 7. I hereby certify that after the exercise of due diligence, I have been unable to learn the identifies of the owners of the following corporations, partnerships, joint ventures, trusts or other artificial persons disclosed in Paragraph 2: , NOT APPLICABLE -5- SM/nwp4770: N27 8. If any of the persons disclosed in Paragraphs 3 or 4 above is a corporation, partnership, joint venture, trust or other artificial person, I "hereby certify that no member of the Board of Supervisors of Chesterfield County, the Chesterfield County Planning Commission or their immediate households, other than those Supervisors, Commissioners or household members named in Paragraph 5 above, owns any interest in the Subject Property as a t/tie owner, easement owner, contract purchaser, lessee, assignee, optionee or licensee, either individually or by ownership of an interst in a corporation, trust, partnership, joint venture 'or other artificial person owning any such interest. 9. Prior to every public hearing in connection with the land use amendment application referred, to in Paragraph 1 above, I will file a revised Zoning Disclosure Affidavit if there has been any change in the information set forth above. WITNESS the following ~- signature: .~~ -6- SM/nwp4770: N27 STATE OF VIRGINIA COUNTY OF CHESTERFIELD, to-wit: day ~'b,~-.~e~_~'~.~;~_~.~kpersonally appeared before me, This ~.~v,~,c~ ~v ~~ , a Nervy Public ~ ~d for the County ~d State ~ores~d, ~d swore or ~rmed that the matters stated in the foregoing Zo~ng Dis~osure Af~da~t are t~e to ~e best of his knowledge ~d belief. Given under my h~d this k~day of ~~ . , 19~ . My Commission Expires Notary Public -7- SM/nwp4770 :N27 subject to th~f. ollowing c .'.ditions: A .4. '{ . The fol~°wing conditions notwithstanding, the plan prepared by Dean E. Hawkins, ASIA, da'ted January 27, 1986, shall be C onsldered the Master Plan. (P) Public water and sewer shall be used. (U) Ail public driveways and parking areas shall be paved with bituminous concrete. The storage and sales area may be constructed of gravel. Concrete bumper blocks shall be installed around the perimeter of all bituminous concrete driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian traffic. (EE&BS) Prior to issuance of an occupancy permit,.additional pavement and curb and gutter shall be installed along Drewry's Bluff Road, as deemed necessary by the Transportation Department and VDH&T. (T and VDH&T) A fifty (50) foot buffer shall be maintained along the northern and western boundary where adjacent to Parcels 16 and 62 on Tax Map 67-3. The buffer shall consist of landscaping, having.a sufficient initial height and of a species which will provide year-round screening. Other than utilities, which run generally perpendicular through the buffer, there shall be no facilities permitted in these buffer areas. A solid board fence shall be installed and maintained five (5) feet off the southern boundary of %he site. This fence may have security devices on the top. Between the southern property line and the fence, cedar trees shall be installed. A conceptual plan depicting this requirement shall be'submitted to the Planning Commission for approval in conjunction with schematic plan review. Prior to any clearing and/or grading, the buffer area shall be flagged and the Planning Department contacted to inspect the buffer areas. If existing vegetation and/or topography is not sufficient to provide year-round screening, additional landscaping shall be required· A detailed landscaping'plan shall be submitted to the Planning Department for approval within sixty (60) days of rough clearing and grading, or prior to occupancy, whichever Occurs first. (P&CPC) I' The storage area/sales lot shall be set back a minimum of fifty (50) feet from Jefferson Davis Highway. The storage area/sales lot and parking area shall be set back a minimum of fifteen (15) feet.from Drewry's Bluff Road. The fifty (50) foot setback along Jefferson Davis Highway shall be reduced to twenty~flve (25) feet to permit a maximum of . four (4) display pads. Display pads shall be limited to a maximum a~ea of 400 square feet each. A Copy ~ste. -86-~0~ Clerk %0 ~ho Board of Super~sor~-~ ;"):., · . SUGGESTED REWORDING OF CONDITION NUMBERED 5: A twenty-five (25) foot buffer along the northern boundary, except where it narrows to ten (10) feet for a short distance on its eastern extremity and a seven (7) foot buffer along the western boundary where both are adjacent to parcel 16 on Tax Map 67-3 shall be maintained in an undisturbed natural state with existing trees and undergrowth. A fifteen (15)foot buffer along the western boundary adjacent to parcel 67 on Tax Map 67-3 shall, likewise, be maintained in an undisturbed natural state with existing trees and undergrowth. Other than utilities, which run perpendicular through the buffer, there shall be no facilities permitted in the buffer areas. Except along the northern boundary line where the buffer narrows to ten (10) feet and along the western boundary line of seven (7) feet adjacent to parcel 16 on Tax Map 67-3, a solid board fence shall be installed and maintained along the inside of the buffer areas along the northern (adjacent to parcel 66 and partially adjacent to parcel 16), western (adjacent to parcel 67), and southern boundary lines. This fence may be in addition to a security fence with security devices on the top. Except for the few cedar trees already in place along the southern boundary line, the area between the southern boundary and the wooden fence shall be grassed over in that area east of the existing cedar trees and a combination of grass and natural vegetation in that area west of the existing cedar trees. March 4, 1991 TO: Members of the Board of Supervisors and the Planning Commission for the County of Chesterfield RE- Site Improvements Pleasure Marine Unlimited Thomas F. Beck 7100 Jefferson Davis Highway Dear Gentlemen: This is to acknowledge two things. First, that I/We are aware of the "as built" solid board fence and the area along the southern boundary line which is to be planted in grass rather than trees and, second, that I/we have no objection to the "as built" fence and planned area for grass. Tax Map 67-7 Parcel 8 Attachment. Rachel L. Mosele~ ~/ 7120 Jefferson Davis Hwy,. Richmond, VA 23237 March 4, 1991 TO: Members of the Board of Supervisors, and the Planning Commission for the County of Chesterfield. RE: Site Improvements Pleasure Marine Unlimited 7100 Jefferson Davis Hwy. Dear Gentlemen: This to acknowledge both that I am aware of the "as built" solid board fence and the 10, 15, and 25 foot buffer areas along the west and north lines of the property where pleasure Marine sells boats and that I have no objection to the "as built" construction and buffer areas. Herman Jf Layn~ ~R~ Tax Map 67-3 Parcel 67 Sa~dra S. La~r~eU- Richmond, VA 23237 Attachment. March 4, 1991 TO: Members of the Board of Supervisors, and the Planning Commission for the County of Chesterfield. RE: Site Improvements Pleasure Marine Unlimited 7100 Jefferson Davis Hwy. Dear Gentlemen: This to acknowledge both that I am aware of the "as built" solid board fence and the 10, 15, and 25 foot buffer areas along the west and north lines of the property where pleasure Marine sells boats and that I have .no objection to the "as built" construction and buffer areas. ~ Ralph D. Wheeling Marie Wheeling 263~ Drewrys Bluff Road Richmond, VA 23237 Tax Map 67-3 Parcel 18 Attachment. March 4, 1991 TO: Members of the Board of Supervisors, and the Planning Commission for the County of Chesterfield. RE: Site Improvements Pleasure Marine Unlimited 7100 Jefferson Davis Hwy. Dear Gentlemen: This to acknowledge both that I am aware of the "as built" solid board fence and the 10, 15, and 25 foot buffer areas along the west and north lines of the property where pleasure Marine sells boats and that I have no objection to the "as built" construction and buffer areas. Gerald L. Greg~ Frances C. Gregory 2635 Drewrys Bluff Road Richmond, VA 23237 Tax Map 67-3 Parcel 16 and 60 Attachment. March 4, 1991 TO: Members of the Board of Supervisors, and the Planning Commission for the County of Chesterfield. RE: Site Improvements Pleasure Marine Unlimited 7100 Jefferson Davis Hwy. Dear Gentlemen: This to acknowledge both that I am aware of the "as built" solid board fence and the 10, 15, and 25 foot buffer areas along the west and north lines of the property where pleasure Marine sells boats and that I have no objection to the "as built" construction and buffer areas. ~%~udith K. Shaw ~ 2644 Drewrys Bluff Road Richmond, VA 23237 Tax Map 67-3 Parcel 19 Attachment. March 4, 1991 TO: Members of the Board of Supervisors, and the Planning Commission for the County of Chesterfield. RE: Site Improvements Pleasure Marine Unlimited 7100 Jefferson Davis Hwy. Dear Gentlemen: This to acknowledge both that I am aware of the "as built" solid board fence and the 10, 15, and 25 foot buffer areas along the west and north lines of the property where pleasure Marine sells boats and that I have no objection to the "as built" construction and buffer areas. Ahn~ie G. -Beck -_ __ 7622 Fawndale Drive Chesterfield, VA 23832 Tax Map 67-3 Parcel 50 Attachment.