18SN0783
CASE NUMBER: 18SN0783
APPLICANTS: Richard Smith
CHESTERFIELD COUNTY, VIRGINIA
BERMUDA DISTRICT
AND RECOMMENDATION
Board of Supervisors Hearing:
JULY 25, 2018
Board of Supervisors Time Remaining:
365 DAYS
JAMES INGLE (804-691-3217)
RICHARD SMITH (804-640-0863)
28.2 Acres 1800 Coxendale Road
Planning Department Case Manager:
DREW NOXON (804-796-7122)
REQUEST
Conditional use planned development to permit an exception to ordinance requirements relative to
height of a structure in a Heavy Industrial (I-3) District. Specifically, the applicant is requesting a
62-foot exception to the 150-foot height limitation in order to erect a 212-foot tall flag pole.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions and Exhibits are located in Attachments 1 - 3.
SUMMARY
A 212-foot tall flag pole for a non-commercial flag is planned accessory to an existing scrap metal
recycling business. The I-3 Zoning District permits structures to be a maximum of 150 feet tall,
therefore the applicant requests a 62-foot height exception.
RECOMMENDATIONS
PLANNING DENIAL
COMMISSION
DENIAL
Height allowance of 150 feet is adequate for proposed structure
STAFF
Approval of this request would encourage other similar requests for
exceptions
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
The height allowance of 150 feet for structures in the I-3 District is
PLANNING adequate for a flag pole. Approval of this request would encourage
other similar requests for exceptions to permitted height.
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Comprehensive Plan
Classification: INDUSTRIAL
The designation suggests the property is appropriate for moderate to intense manufacturing uses that
are generally dependent upon the processing of raw materials.
Surrounding Land Uses and Development
Single-family uses
I-95
-Bellmeade
Vacant/future
Industrial use
Single-family dwellings;
zoned Agricultural and
Industrial
VA RT 288
Commercial & Industrial Uses
Coxendale
Single-family uses
Rd
-Normandale Terrace
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PLANNING
Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov
Proposal
The applicant proposes to construct a flag pole accessory to an existing scrap metal recycling
business. The flag pole is proposed at a maximum height of 212 feet from grade and would be
located in the southwestern corner of the property (Attachment 2, Conceptual Site Layout). The
Heavy Industrial (I-3) District permits a maximum height of 150 feet for structures. The
applicant requests a 62-foot exception to the maximum permitted height for the I-3 Zoning
District.
The applicant indicates that an American Flag measuring 40 feet tall by 80 feet wide (3,200
square feet) would be displayed on the pole, however, display of any non-commercial flag
would be permitted. The Zoning Ordinance defines a non-commercial flag as stated below.
Flag, noncommercial: Sign consisting of a piece of cloth or other flexible material that
only depicts the emblem or insignia of a nation, political unit, educational, charitable,
religious, civic or similar group, or is a decorative flag that does not display a commercial
message. A noncommercial flag shall be not be included in the calculation of signage on
the property.
Due to its height of over 199 feet, the flag pole would be required to be lit in accordance with
Federal Aviation Administration (FAA) regulations.
The applicant has included the following statement as justification for this request:
We plan to
establish a metal recycling location on the property named USA Iron and Metal. We
plan to give veterans and active duty military 5% over market value for metal they bring
in for recycling. We also plan to donate 5% of the profits to Wounded Warrior's. The
212' height is based on a Company philosophy from the book 212. At 211 degrees water
is just hot. At 212 degrees water boils. We want to go 1% farther than our
competition. That one degree (212 degrees) causes water to boil, which causes steam,
Staff is not supportive of the proposal for the following reasons:
The permitted height of 150 feet in the I-3 District is adequate for a flag pole
Proposal may set precedent for similar requests within the County as no height
exceptions have been granted for flag poles within the County
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Should the Board of Supervisors wish to approve this request, staff recommends the conditions
outlined in the chart below be imposed to assist in mitigating the impacts on area properties.
General Overview
Requirements Details
Limited to the applicant only
Ownership
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Not to exceed 212 feet
Height Limit
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Located and designed as depicted in Attachments 2 & 3
Location and Design
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One non-commercial flag not to exceed 3,200 sq. ft. in area
Flag Display
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Soft blinking red light at night with upward reflection, medium
white strobe light during the day, with upward reflection
Lighting
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Removal required within 12 months once use ceases
Cessation of Use
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FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Dutch Gap Fire Station, Company Number 14
EMS Facility The Bensley-Bermuda Volunteer Rescue Squad
When the property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
PARKS AND RECREATION
Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov
No comments received to date.
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UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
The proposed request to erect a flag pole will not impact the Utilities Department. There are no
public facilities currently or planned on this property. The applicant is reminded that the
flagpole shall not be constructed within a public water or wastewater easement. The Utilities
Department supports this case.
COUNTY TRANSPORTATION
Staff Contact: Steven Adams (804-751-4461) adamsst@chesterfield.gov
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
This request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
4/2/2018 Application submitted
5/7, 5/15/& Renderings & conceptual site layout submitted
5/25/2018
Planning Commission
6/19/18 Citizen Comments:
No citizens spoke to this request.
Commission Discussion:
Ms. Freye questioned the land-use rationale for a 62-foot height exception and
inquired whether flag content could be regulated. Ms. Freye also asked
whether a balloon test was conducted to study the impacts of height and
lighting on surrounding properties.
In response to questions from the Commission, the applicant indicated no
balloon test had been performed at the proposed 212-foot height, but a
visibility test was conducted at 180 feet.
Staff noted that display of any non-commercial flag would be permitted on the
pole.
Ms. Freye and Mr. Jackson agreed that promotion of patriotism and company
culture could be achieved within the 150-foot height limit.
Mr. Stariha patriotism was commendable
and agreed with the need for visibility. Mr. Stariha stated his support for the
proposal.
Recommendation - APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Stariha
The motion failed due to lack of a second
Recommendation Denial
Motion: Jackson Second: Freye
AYES: Jackson, Freye and Jones
NAY: Stariha ABSENT: Sloan
The Board of Supervisors on Wednesday, July 25, 2018, beginning at 6:00 p.m., will consider
this request.
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ATTACHMENT 1
CONDITIONS
1.Non-Transferable Ownership. The flag pole shall only be permitted accessory to the
scrap metal business of which Richard Smith, the applicant, is a majority owner. (P)
2.Height Limit. The flag pole shall not exceed 212 feet in height above grade. (P)
3.Location and Design. The flag pole shall be located on the property as depicted in
Exhibit A, and shall have a design generally consistent with the rendering in Exhibit B.
(P)
4.Flag Display. Display shall be limited to one (1) non-commercial flag not to exceed 3,200
square feet of area. (P)
5.Lighting. Unless otherwise required by the Federal Aviation Administration (FAA), tower
lighting during daylight hours shall be limited to medium intensity white strobe lights
with upward reflection and lighting during night-time hours shall be limited to soft
blinking red lights with upward reflection. (P)
6.Cessation of Use. At such time that the flag pole ceases to be used for a period
exceeding twelve (12) consecutive months, the property owner shall dismantle and
remove the flag pole from the property. (P)
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ATTACHMENT 2
EXHIBIT A, SITE LOCATION
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ATTACHMENT 3
EXHIBIT B, FLAG POLE ELEVATION
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