17SN0745
CASE NUMBER: 17SN0745
APPLICANT: Avery Brothers LLC
CHESTERFIELD COUNTY, VIRGINIA
BERMUDADISTRICT
STAFF’S ANALYSIS
AND RECOMMENDATION
Board of Supervisors Hearing: MARCH 15, 2017
Board of SupervisorsTime Remaining:365 DAYS
Applicant’s Agent:
DEAN E. HAWKINS (804-748-6519)
Applicant’s Contact:
CHIP AVERY(804-731-2866)
Planning Department Case Manager:
AMY SOMERVELL (804-748-1970)
4.0 Acres –16633 Jefferson Davis Highway
REQUEST
Exception to Section 18-60 of the utility ordinance for required connection to the public sewer
system in a General Business (C-5) District.
Note:Conditions may be imposed. Conditionsare locatedin Attachments 1.
SUMMARY
A contractor’s shop, warehouse, and motor vehicle repair office is planned. As proposed, the
project would be serviced by an individual septic tank. The closest sewer line is approximately 1,950
feettothe north at16333 Jefferson Davis Highway, and would requireseveral easements to reach the
request property. Extension of public sewer system would make sewer immediately available to three
(3) additional properties not currently served.
RECOMMENDATIONS
APPROVAL
Accommodates small business where mandatory utility connection
COMMISSIONrequirements are cost-prohibitive
Conditions will accommodate future utility extension, and require utility
connections for uses on the request property upon availability
PLANNING –APPROVAL–Similar exception approved for proposed commercial use
located upstream of the request property.
UTILITIES –DENIAL
STAFF
Exception would adversely impactthe extension of sewer system to area
properties
No limitations with topography and capacities, or conflicts that wouldmake
the connection physically impractical
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
Several options exist to extend public sewer
Extension of sewer would make sewer available to area properties
UTILITIES
No conflicts or limitation exist that would make the sewer
connections physically impractical.
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Map 2: Comprehensive Plan
Classification: CORPORATE OFFICE/RESEARCH AND DEVELOPMENT/LIGHT INDUSTRIAL
The designation suggests the property is appropriate for corporate office, research, laboratories, and
light manufacturing and assembly uses that are generally dependent upon raw materials first
processed elsewhere.
Map 3: Surrounding Land Uses & Development
Industrial
Commercial
Amherst Ridge
Subdivision16SN0674
Single Family Dwelling
Vacant
Jefferson Davis Hwy
Happy Hill Rd
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PLANNING
Staff Contact: Amy Somervell(804-748-1970) somervella@chesterfield.gov
Zoning History
Case NumberBOS Action Request
Rezoning toGeneral Business (C-5) on part of property
Approved
00SN00172which included 1.5 acres that fronts the west line of Happy
(5/24/00)
Hill Road being a portion of the request property.
Proposal
A contractor’s shop, warehouse, and motor vehicle repair office is planned. There is no
guarantee that the property will be developed for these uses and could be developed for other
C-5 uses. The use of private septic system is planned.
Exception to Mandatory Water and Wastewater Connections
Section 18-60 of the County Code requires the use of public systems. An exception to use of public
systems must be evaluated by the Directors of Utilities and Planning, the Planning Commission,
and subsequently by the Board of Supervisors. The decision of such exceptions must be based
upon the following criteria:
Would the use of private systems encourage future area development inconsistent with
the Comprehensive Plan; and
Would the ability to extend the public system to other property be adversely affected.
Comprehensive Plan and Future Area Development
The Comprehensive Plan suggests area property for corporate office, research and
development, and light manufacturinguses. Several vacant parcels lying north of the request
property are zoned for moderate industrial uses. Two of these parcels located at 16600 and
16530 Happy Hill Road received an exception to the use of public water and sewer systems in
April, 2016 for the proposed development of a contractor’s office and maintenance shop (Case
16SN0674 –identified on Map 3). Both the Planning and Utilities Departments were not
supportive of these exceptions, noting adverse impacts on achieving the highest and best land
uses as suggested by the Plan and theability to extend public systems to other area properties.
The Board of Supervisors, upon a favorable recommendation by the Planning Commission,
supported these exceptions as accommodating small business where mandatory utility
connection requirements were cost-prohibitive. Conditions were imposed to accommodate
future utility extensions by others, and to require utility connections for uses on the subject
properties upon availability.
Given the request property is located downstream of properties recently exempted from the
use of public utilities, additional impact on the wastewatersystem, should this request be
granted,is not anticipated.
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Planning Recommendation
Sewer
Public sewer is available to area propertiesupstream of the request property where the potential
for redevelopment exists. Relief to the use of public sewer should not impact property
development upstream. As condition, the extension of public sewer should be required when
such line is located within 200 feet of the subject property, with easements provided for the
possibility of this extension (Attachment 1). For these reasons, the Planning Department
supports relief to public sewer connection, andfind the recommendation consistent with
recent Board approval.
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UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Existing Water and Wastewater Systems
Currently Sizeof Closest Existing Connection Required by County
Utility Type
Serviced Lines Code
Water No12” Yes
Wastewater No8” Yes
Map 4: Existing Water & Wastewater Systems
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Additional Utility Comments
:
The property is within the mandatory water and wastewater connection areas as outlined in
Section 18-60 of the County Code. The applicant is requesting an exception to required
connection to the public wastewater system.
Public Wastewater System –Reference Map 4
Sewer is not immediately adjacent to the subject parcel.
Option 1, the next closest sewer is 1,950 +/-feet to the north on 16333 Jefferson Davis
Highway. The sewer extension would require 6 or 7 easements and would make sewer
immediately available to 3 additional properties not currently served, plus a future
extension to serve 16637, 16701 and 16801 Jefferson Davis Hwy.
Option 2, third closest sewer could be extended approximately 2,300 feet north along
Happy Hill Rd to a 30 inch trunk sewer. This extension could run in the right of way
without easements.
Utilities Recommendation
The Utilities Department does not support the exception to wastewater connection:
Viable options have been identified that could provide access to public sewer.
Extension of sewer will allow for potential connections to several existing parcels, and
facilitate future extension.
Should exception be granted, public wastewater easements should be provided to facilitate
future utility extension, and use of the public system should be required if and when extended
to within 200 feet of the subject property. (Conditions 1 and 2)
HEALTH
Staff Contact: Richard Michniak(804-748-1695) Richard.Michniak@vdh.virginia.gov
Jack Watts (804-748-1695) Jack.Watts@vdh.virginia.gov
The Health Department must approve any new or expanded use of a septic system. To obtain a
septic permit, the Chesterfield Health Department will need to receive a design package
prepared by an onsite soil evaluator (OSE) or a professional engineer (PE) for review.
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REVITALIZATION
Staff Contact: Carl Schlaudt (804-318-8674) schlaudtc@chesterfield.gov
The project site is in an area included in a proposed revitalization area, on the map presented
to the Board of Supervisors on December 14, 2016 for the purposes of implementing Road Cash
Proffer Policy B.5 (locational and other criteria for revitalization or preservation). Although the
Board did not adopt that map, they directed staff to use the map for the purposes of evaluating
zoning cases until such areas are formally designated. The Revitalization Office supports
development in revitalization areas that represents a substantial improvement above current
area conditions. While this proposal represents new investment in an infill location, subject to
normaldevelopment standards, it is not clear that it would represent a substantial
improvement above current area conditions.
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CASE HISTORY
Applicant Submittals
12/8/16Application submitted
1/4/17Application amended
Planning Commission
2/21/17Citizen Comments
One (1) citizen requested further clarification regarding a buffer.
Commission Discussion
In response to questions of the Commission, the applicant’s agent
reviewed the costs for the extension of the sewer line to the request
property.
Cost-prohibitive for small business when compared to development
costs; as presented, exception is warranted
Recommendation -APPROVAL SUBJECT TO CONDITIONS IN ATTACHMENT 1
Motion: Sloan Second: Freye
AYES: Sloan, Freye, Jackson,Jones and Wallin
The Board of Supervisors on Wednesday, March 15, 2017, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note:
The following conditions are recommended by the Planning Commission
1.Utility Easement. Any site plan for the subject parcelshall provide for public utility
easement on the property inlocation acceptable to and at a time requested bythe
Utilities Department to accommodate the future extension of the public wastewater
system. (U)
2.Extension of Utilities. In the event that the public sewer is extended to a point within
200 feet of the subject property, the public wastewater system shall be extended to and
be used on the subject parcel.(U)
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