04SR0250-July28.pdfJulY 28, 2004 BS
STAFF,S
REQUEST ANALYSIS
RECOMMENDATION
04SR0250
Douglas J. and..Deborah A. Hackman
REQUEST:
Dale .Magisterial District
West line. Of Newbys' Bridge Road.
Renewal of Conditional' Use Planned Development (Case 03SR0100) to permit office
use and exceptions to Ordinance requirements in anAgricultural (A) District.
PROPOSED LAND USE:
In 2002, the applicantS were granted renewal~of a Conditional:Use Harmed
Development (Case 03SR0100) to operate ,home.health care. offices within the
existing residential..and aCceSsory structures for an additional period ofeighteen (18)
months. Renewal of this Conditional Use Planned Development is requested for an .
additional eighteen O8) months.
PLANNING COMMISSION RECOMMI~NDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED. CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed zoning and land use do not conform with theCentral Area Plan, whioh
suggests the property is appropriate for residential USe °fl20 to 2:5 dwelling unitsPer
acr¢o
Bo
The applicants have secured and zoned other property on which to relocate this
business. Renewal of this COnditional:Use Plarmed Development in 2002 for a period
Providing a FIRST CHOICE Commullity Through-Excellence in Public Service
of eighteen (18) months was approved in an.effort to afford the applicants appropriate
time in which to receive .the neCessary plan and' permitting approvals at this new
location and transfer' this operation to the new site. :The applicants have failed to.
diligently pursue this relocation.
Co
The proposed land use' and zoning do not conform to existing and anticipated area
residential development.
Do
This proposal represents.commercial encroachment into a Single family reSidential
area. Approval of this request could establish a preCedent for similar non-residential
development along this portion of Newbys Bridge Road:
(NOTE: CONDITIONS MAY BE.IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC, WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS' WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFK CONDITIONS_ WITH ONLY A "CPC"-ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(CPC)
(CPC) .2.
This ConditionalUse Planned Development shall be granted for a period not
to exceed eighteen(18) months from th, date of approval. This Conditional.
Use Planned Development. shall be granted to and. for Douglas J.. and
Deborah A. Hackman, or to an entity in which'at least one of them owns a
controlling interest4and shall not be transferable nor nm.with the land. (P)
This Conditional Use Planned DevelOPment shall be limited to ahome health
care administrative office use. A-maximum Of_seventeen (17) employees
shall rna'totaln offices on the PrOperty at any. one.time and a maximum of
twenty. (20).employees shall be permitted ontheProperty at any one time.
Provided,'howeVer, a maximum of two (2)company functions may occur on
the Property. during any ~one (1) calendar year where more than twenty (20)
persons are onthe Property at any One. time. (P)
(CPC) 3.
(CPC) 4.
No clients shall be treated or cOnsulted on the PropertY. No retail or
wholesale sales shall be.conduCted on the Property. (P)
Operation of this Conditional Use Planned Development shall be limited to
the buildings noted on the plan as Barn/Office, House/Office and office
entitled, "Freedom Inc., 5418 NeWbys Bridge Road Chesterfield Co.,
Virginia"and dated June 4,2001 (the Plan' ), There shall be no additions or
exterior alterations to these structures to accommodate this use. except:those
required by'the~ Virginia Uniform Statewide Building Code (VAUSBC).
Such uses shall-occupy no more than 5;000 square feet of gross floor area.
2. 04SR0250-JULY28,BOS
(CPC) 5.
(CPC) 6.
(cpc) 7.
(CPC) 8.
(CPC)
(CPC) 10.
(CPC) 11.
(CPC) 12.
LOcation:
For any function attended by fifty (50) or more persons, a minimum of one
(1) portable toilet for each one hundred (100)persons in attendance shall be
provided on the Property. (It) ·
All uses shall be conducted entirely within enelosedbuildings, except for
accessory automobile parking and functions where more thafi twenty (20)
persons may be located on the Property at any onetime, as described in
Proffered Condition 2. (P) ' '
Business hours shall be limited to Monday through Friday from 7 a.m.-to .8
p.m. (P)
Loading areas,-loading docks and drives-in loading doors shall be prohibited.
(P)
There shall be no exterior lighting other than security lighting which shall
comply with Section 19-573 of the Zoning Ordinance and shall-not exceed a
height of twelve. (12) feet, 'The amount of Security lighting shall:be approved
by the Planning-Department. (P)
With the exception of six (6) parking SPaces which may be located in:front of'
the "BangOftiee" building as notedin the .plan., all Parking shall be located
behind buildings as generally depicted onthe ,Plan". (P)
There shall be no viSible signage from Newbys Bridge ROad that identifies
the use.. (P)
Direct access from. the Property to Newbys Bridge Road shall be limited to
one (1) existing entrance/exit. Any relocation of this access shall be
approved by the Transportati°n Department.' (T)
GENERAL INFORMATION
West line of Newbys Bridge Road, south of Sunnygrove ROad~ Tax IDs 758-681-2847 and
Part of 4279 (Sheet 17). ~
Existing Zoning:
A
Size:
7.2 acres
3 04SR0250;JULY28-BOS
Existing Land Use:
Home health care offices
Adjacent Zoning and Land Use:
North and South- A and Awith Conditional Use; Single family residential, public/semi-
public (Friendship Baptist Church) or vacant
East - R-9, R- 15 and A; Single family residential, or vacant
West- A, R-15 and R-12; Single family residential-or vacant
UTILITIES
Public Water System:
Public
There is an existing thirty (30) inch'transmission waterline that extends across Newbv's
Bridge Road and continues within an easement across, this site. The request site is connected
to the public water system 'for domestic water use only:' This renewal request will have not
impact on.use of the public' water system. .
Wastewater System:
The public wastewater system is not available to.the request site.
Private Septic System:
The "Barn/Office" and' "Office, buildings shown on the "Plan" submitted with. the
application do not have'a seParateapprOved septic tank/~ainfield System. These structures
are connected to the system which was originally installed-to:se~e the singlefarnily dwelling
and has now been converted to office use. The existing system was built for residential, not
office purposes.
With limitations, the systeTM is adequate to serve the uses proposed, For those functi°ns
which allow more than fffiy(50)persons On the property at:any one (-1) time,portable toilets
W°uldbe proVided for each 100.persons inatte~da~ce.. (pro/t!eredConditi~n:5). '
ENVIRONMENTAL .
Drainage and Erosion:
This request will have minimal impact on environmental engineering issues:
4 04SR0250-JULY28~BOS
PUBLIC FACILITIES
Fire Service:
The proPerty is currently served by the Airport Fire/lVledic Station, Company 15. Although
public water is available for domestic use, it is not available for fire suppression purposes:
As a result, the time for theFire Department to Obtain an adequate'water suPply.may
adversely affect fire suppression operations. The applicants have installed adry hydrant on
the property to provide a water supply for firefighting.
Transportation:
In July 2001, the Board' of Supervisors approved a Conditional Use. Planned DeVelopment
(CUPD)(Case 018N01.68) for one (1) year to permit office us~ onthe property. As part of
that approval, the Board accepted several proffers that includeddevelopment limitations,
access control and right of.way dedication along-Newbys' Bridge Road. The applicant 'is
requesting renewal of that previously approved CUPD for: an additional' eighteen (18)
months, and has again proffered many of the same' conditions.-
The apPlicant has proffered a maximum density-of 5,000 square feet (ProfferedCondition 4).
Based on.general office trip rates,-development could generate approximately 130 average
daily trips. These vehicleS will be distributed alOng Newbys Bridge Road, Which-had a 2003
traffic cOunt of 2,624 vehicles per day. SectiOns.of this'road have twenty(20) foot wide
pavement with-no shoulders, . and ' substandard vertical and'horizontal alignments. The
standard typical section for thisr°ad should, he'.twenty, foUr (24) foot wide pavement; with
minimum eight (8) foot wide shoulders.
InclUded In the Virginia Department of Transportation (VDOT) Six Year Secondary Road -- -
Improvement Plan are two (2) projects to reconstruct Newbys Bridge Road. The first Project
. involves improving the curve On Newbys Bridge Road at Dortonway Drive and construction
is anticipated to begin in Spring 2006.. The seCond project involves the reconstruction of
Newbys Bridge Road as atWo (2):lane facility from Walmsley Boulevard to Falling Creek.
The design of this project .is anticipated to begin in 2007~
The Thoroughfare Plan identifies NewbYs Bridge Road'as a major arterial with a
recommended right of way width ofninety (90) feetl In-accordance with Proffered Condition
13 of Case.01SN0168, the applicant has dedicated forty-five (45) feet of right of way alonga
revised centerline for Newbys Bridge.Road.
Access to major arterials, suchas Newbys Bridge ROad, should be controlled. The applicant
has proffered that direct access from the property to NeWbys BridgeRoad will be limited:it°
one (I) entrance/exit (Proffered Condition :12), Due'to its hOriZOntal-and verticalalignment~
sight distance along NeWbys Bridge ROad is limited.. As part ofdevelopingthe property, the
applicant provided a new access °nto'NewbYs Bridgehead at a loc~ttion where MeqUate
sight distance is available. -
5
04SR0250-JULY28,BOS
LAND' USE
Comprehensive Plan:
Lies within the boundaries of the Central iArea Plan which suggests the .property is
appropriate for residential use of 1-.Oto 2.5dWellingunits per aere~
Area Development Trends: .
Area properties to the west and east are characterizedby residential and agriCultural zonings
and are occupied by the Newbys Wood, JacObs Court.and Ashley Grove SUbdivisionS,-single.
family development on acreage parcels orlare..vacant; TheareaprOperties to the north and
south are characterized by agricultural zoning:.with large acreagepareels occupied by single
family residences or are vacant. Itisanticipatedlthat residential deVel°pmentwill COntinu~ in
this immediate area, consistent with the recommendatious ofthe Central Area plan, '
Zoning and Site Plan History:
The applicants had been operating their home health care: offices without'.the requisite
Conditional Use, but subsequently filed their apPlication-upon:::reCeiving :'.notice of this
violation from the County (case 0tSN0168). Staff recommendeddeffialOf the request as
the use did not conform with the Cen~al. Areaplan; represented commercialencroachment
intoa single family residential areai,and couldset aprecedmf°r additional nOn-residential
development along this' portion 0f:!qewbys Bridge Road. ~. on'junel 9, 2001, the. Planning
Commission recommended approval of therequest fOra periodlof °ne (!)year :to alloWth .
applicants time to proceed :withtherelocafion of their, business to'an apPrOpriately zOnbd
proPerty. On'July 25, 200 l~-the Board of supervisors appr°ved'~s C°ndition~iuSe planned
DevelOpment subject tothe condifi°ns as.recommendedbythe Commission. '-". ' .:
On July 24, 2002, the Bo~d of Supervisors~ UPon a'fav°rablerecommendation by the
Pianni~g Commission, 'apPr°ved:.-th~ applicants request, for reZOning of 24A: acres from
Agricultural (A) to Light Industrial (I) with Condifional~iuse:Planned De~relopment,:0n
property located at the Southe~' quadrantof the intersection.0fNewbys :Bddge Roadand
Hagood Lane (Case 02SN0! 7 i). The applicants propOse..to devel°P a corporate office park
within which to 'relocate their home he~ti care'l~us~ess: ' ~'" ·
On October23, 2002, the Board of Supervisors~ up0nafav°rablerecommendationby ~e' ": -.
planning Commission, apProved:the rehewal of Cfise: 01SN016S'f0r un.additional eigl~teen
(18) mOnths to provide :time .toxeceiVe the.neCessary plan;andp~'ttingapprovalS at the
new location and transfer this:operation to:.that site at Newbys ~Bridge and Hagood ~e.
(Case 03SR0100)
On January 28, 2003, site :plans were submitted to' the .County fordevelopment Ofthe hOme
health care °ffices at the x~eWlocation. Two (2) SubSeqUent-resubmittaiS°fthiS plan were
made based upon County review C°mmen~s. Revisions tothe, plans Were last requeSted;by
' 6 04sR0250-JULY28~BOS
staff on June 13, 2003. To date, the' applicants have not resubmitted pians for County review
based upon these June, 2003, comments.
Uses:
The applicants have proffered that the Conditional' Use planned Development would be
limited to a home health care administrative office use with no retail or wholesale sales. No
clients would be treated or consulted .on the.property (Proffered Conditions 2 and' 3).
Proffered Condition 2 would llmit the number of emPloYees whO.maintain offices On-Ge
property at any one (1) timeto seventeen (17) and:limit-the,number of employees onthe site
at anyone (1) time to a maximumof twenty (20) except during Social functions which would
be limited to two (2) during anY calendar year. This use would be.granted for eighteen (18)
months from the date of approval and for the applicants or:an entity in whichat leastone(t )
of the applicants has a controlling interest (Proffered Condition 1). The applicants have-
agreed to limit the hours of operation (ProfferedCondifionT)and~that no.,signageidentif3drtg
this use will be visible from Newbys Bridge Road: (PrOffered Condition 11)
Site Design:
With approval of this request, development should conform to' the applicants' Proffered
conditiOns and Textual statement(attached).· The subject property is a 7.2 acre l~ortion of
two (2) parcels totaling, apprOximately 17.9'acres, A Plan sUl~mi~ted with the applicatioa
depicts a"House/Office"," "" " ' ~
Barn/Office. and Office , which:have.been converted, to-office
space for the home health care operation. 'The applicant has proffered to limit the-operation_
of this business to these existing stmctures~nOt to exceedatotal area of 5}000 grOss Square
feet (Proffered Condition 4), with'all uses~ except.parking andcomPanyfunctions attended
by more than twenty (20) persons, tobe located within these.buildings. (Proffered Condition
6) " .
An exception to the Zoning Ordinance requirements was previously granted relative to the
number of parking spaces ProVided and the paving ofparkingareas. Specifically, the Zoning
Ordinance requires one (1) space for every 20ogross square feet of building area whereas the
applicants have provided one (1)Parking spa_,ee for every230 gross square feet ofbuilding
area. Further, in lieu of paving, the apPlicants driveway:and:parking areas are surfaCed with
a minimum of six (6) inches Of NO: 2-1 or N0.21A stone~ The applieants are requesting these
same exceptions through this.renewal proCess (Textual Statement I and 2). Parking areas are
to be located as generally depicted on the"Plan" with themajority of Such spaces located
behind the existing buildings~ ~(Proffered Condition 10)
Architectural Treatment:
As previously noted, the applicant:has indicated the Operation. will. be limited to. the buildings
noted on the "Plan". Proffered Condition 4prohibits additionS andeXterior alterations to the
buildings except which maybe necessary to comply' with Virginia'Uniform Statewide '
Building Code (VAUSBC).
7 04SR0250-JULY28-BOS
Buffersg Screening; and Lighting:
currently, the Zoning Ordinance requires that solid waste-storage areas (i.e., dumpsters,
garbage can.q, trash compactors, etc,) be screened from vieTM O{adjacent property and public
rights of way by a solid fence, wall, dense evergreen Planting orarchitectural, feature, be
separated from any residentially zoned property or.any property being USed for. residential
purposes by the principal building, . and that such area within 1,000 feet of any residentially
zoned property or property USed for residential-purpose not be.serviced between, the hours, of~
9:00 p:m. and 6:00 a.m.
proffers have been submitted prohibiting loading areas, loading docks and drive-in loading
doors and to limit the mount of exterior lighting. (Proffered Conditions 8 and 9)
CONCLUSIONS
The proposed zoning and land USe'do not conform to the Central Area Plan whiCh suggests the
property is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. One(l) of the goals
of the Plan is to preserve and protect 'stable neighborhoods through the provision of appropriate'
transition between existing and fumm residential development of:higher intensity uses. Further, the
proposed land use and zoning do 'not conform to existing and 'anticipated area~ residential
development' Non-residential USes adjacent to established subdivision developments may set a
precedent for similar non-residential growth in conflict with. the 'Plan. and create compatibility
problems between residential and non,residential USes.
Further, the applicants have secured other property On which to relocate this bUSiness2 Renewal of
this Conditional Use Planned Development in 2002 fora period of eighteen (18) months Should have
afforded the apPlicants appropriate time in.which to receive the necessary plan and Permitting
approvals at this new location and transfer this. operation t° the new site, 'The apPlicantShave failed
to diligently pursue these approvals with the last submittal to the County taking place over one(l)
year ago in May of 2003.
Given these considerations, denial' of this request is recommended.
CASE HISTORY
Planning Commission Meeting (6/15/04):'
The applicant accepted the Commission's recommendation, but did not accept staff:s
recommendation. There was .no opposition present.
Mr. Litton noted that the wetlands and'water quality issues had been resolved on the
relocation site and that site plans for this new Site should received approval within three (3)"
months, permitting relocatiOn of this' bUSiness.
8 04SR0250-JULY28-BOS
On motion of Mr2 Litton, seconded by Mr. Wilson, the Commission recommended approval
of this request and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, July-28, 2004, beginning :at 7:00 p.m., will take under
consideration this request.
9 04SR0250-JULY28,-BOS
DOUGLAS J. '& DEBORAH A. HACKMAN
TEXTUAL STATEMENT
MARCH 12, 2004
This textual, statement shall apply to the ProPerty known as Chesterfield:County Tax ID/GpIN
758-681-2847 and part of 758-681-4279 (the "PropertSe'). -~
Surface Treatment of Parking and Driveway Area.~_ All driveways and parking areas
shall have a minimum surface of six ineheSOfNo. 21 or No. 2IA.stone.
Parking. Parking shall be prOvided based on a ratio'of one(l) space for every 230 square
feet of gross square footage.
/
Z.> ILl,,..
~' ILO
~; n" c:)
'.O.i~ !~r' ~