17SN0830
CASE NUMBER: 17SN0830
APPLICANT: Corman Kokosing
Construction Company
CHESTERFIELD COUNTY, VIRGINIA
BERMUDA DISTRICT
STAFF
AND RECOMMENDATION
Board of Supervisors (BOS) Hearing:
AUGUST 22, 2018
BOS Time Remaining:
365 DAYS
CHRISTOPHER N RUTKAI (804-520-9766)
Planning Department Case Manager:
DREW NOXON (804-796-7122)
4.1 Acres 16500 Happy Hill Road
REQUEST
Request I. Amendment of zoning approval (Case 73SN0075) relative to buffers plus conditional use
planned development to permit exceptions to ordinance requirements (buffers, perimeter landscaping
and screening of outdoor storage areas) in a General Industrial (I-2) District.
Request II. Exception to the utility ordinance relative to connection to the public wastewater system.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions, Exhibits and existing zoning conditions are located in Attachments 1 - 4.
SUMMARY
Continued use of a modular office trailer to accommodate a construction business on the subject
property is proposed. The trailer is used for additional office space for business employees. During
review of a building permit for the trailer, several zoning violations were identified on the site. These
violations include encroachment of parking and storage areas into required buffers, inadequate
landscaping along Happy Hill Road and lack of screening for outside storage areas. A temporary
certificate of occupancy allows the trailer to be located on site pending consideration of this request for
development exceptions.
With this application, an amendment of Case 73SN0075 (Condition 5) is requested to delete required
buffers along Happy Hill Road, and the south and west property boundaries. In addition, exceptions to
Ordinance requirements are requested, as follows:
Delete required buffers adjacent to properties zoned Agricultural (A) and occupied by dwellings
(north property boundary and portion of western property boundary).
Eliminate screening of outside storage (construction materials and equipment) from Happy Hill
Road, and from properties zoned Agricultural (A) and occupied by dwellings (north property
boundary and two portions of west property boundary).
The applicants also propose to serve the development with public water and an individual septic system.
The property is located within a mandatory wastewater area, necessitating an exception to public
wastewater use.
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATIONS
APPROVAL
PLANNING
COMMISSION
REQUEST I - APPROVAL
Provides flexibility for additional office space on site
Provides enhanced screening of views from street and nearby residential
properties
Conditions minimize impacts on surrounding properties
STAFF REQUEST II (Exception to Wastewater Connection) DENIAL
No topographic or capacity limitations that would prevent connection to
public wastewater system
Adversely impacts the extension of public wastewater system to area
properties
Adversely affects achieving the highest and best land use suggested by
the Plan
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SUMMARY OF IDENTIFIED ISSUES
Department Issue
No topographic or capacity limitations that would prevent
connection to public wastewater system
Failure to extend public utility systems to the subject property will
adversely affect:
Achieving the highest and best land uses suggested by the
o
PLANNING AND
Comprehensive Plan
UTILITIES
Public utility service to area properties that currently use
o
private septic systems
Relief of public utility connection will likely result in other
properties seeking similar exceptions, resulting in land uses
inconsistent with the Plan
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Comprehensive Plan
Classification: Corporate Office/Research & 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.
Surrounding Land Uses and Development
Commercial
use
Single-family
Jefferson
residential uses
Davis Hwy.
on acreage
parcels
Multi-family
Vacant
residential Use
Commercial
uses
Contractor
storage yard
Happy Hill
Rd.
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PLANNING
Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov
Zoning History
Case Number Request
Rezoning to General Industrial (I-2) plus conditional use to permit a truck
73SN0075
terminal
Approved
Conditions required buffers along Happy Hill Road, rear property
(6/1973)
boundary, and southwestern property boundary
Proposal
In April 2017, a building permit application was submitted to the Planning Department for a
modular office trailer to be used for additional office space
office and storage yard currently occupying the property. The trailer, which is not temporary, is
treated as a new building on the site. The Planning Department denied the permit due to
existing zoning violations on the property, as summarized below. In May, 2017, an application
was filed seeking relief to a zoning condition and ordinance standards. As a result of this
application, in October, 2017, a temporary certificate of occupancy was issued allowing the
trailer to be located on the site on a temporary basis pending consideration of these zoning
amendments.
While the property was originally developed in 1973, numerous operators have occupied the
site, with the applicants purchasing the property in 2007. At the time of this most recent
purchase, the property was non-compliant relative to buffers, landscaping and screening of
storage areas. In 2014, the applicants relocated storage areas and associated fencing to an area
adjacent to the Happy Hill Road right-of-way, further adding to this non-compliance. With the
addition of the office trailer, the property would be required to be brought up to current
Ordinance standards, or exceptions would need to be approved by the Board of Supervisors.
Exceptions are requested to maintain the existing condition of the property and allow
continued use of the office trailer on a permanent basis. Staff has also confirmed that the
applicant has recently relocated the fence as well as the storage and parking areas along Happy
Hill Road to a location 15 feet from the front property line, bringing the property closer to
compliance with current Ordinance requirements.
Buffers, Landscaping and Screening of Outside Storage Areas
Current Ordinance requirements for development in Industrial Districts within the Post
Development Design District address buffers, perimeter landscaping and screening of outside
storage areas. In addition, conditions of Case 73SN0075 require buffers along the front, rear
and left side property boundaries, and a screening fence along the rear property line.
Requested exceptions and amendments are summarized in the chart on the following page:
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General Overview (Buffers, Perimeter Landscaping and Screening)
Current Ordinance Existing Zoning
Proposal
Standards (Case 73SN0075)
Front Yard 15 - foot setback +
-Evergreen hedgerow
(Happy Hill perimeter landscaping 30-foot buffer
within 15-foot setback
Road) schedule J
Right Side Yard
(abutting A
-100-foot buffer
zoned property None None
occupied by
residential use)
Left Side Yard
(abutting I-2 None 25-foot buffer None
zoned property)
Rear Yard -100-foot buffer
25-foot buffer + 8-
(adjacent to GPIN 800-
foot chain-link fence
(See figure on 633-3332, zoned A and None
with dark green
page 6 for GPIN occupied by residential
privacy strips
references) use)
-Screened from Happy
Hill Road, right
side boundary
adjacent to A-zoned
property (GPIN 800-
-No screening along side
633-9173) and portions
and rear property
of rear boundary
boundaries
adjacent to A-zoned
properties (GPINs
Screening of -Existing 8-foot fence
800-633-3332 & None
storage areas with privacy strips
800-633-3153)
relocated to meet 15-
foot street setback +
-Screening shall be
evergreen hedge row
accomplished by
along Happy Hill Road
building design, walls
or fences compatible
with main building, or
berms or other
landforms
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GPIN REFERENCE MAP
Staff is supportive of the requested exceptions to buffers, landscaping and screening to allow the
modular office trailer to remain on the property. Multiple businesses and storage
yards, including the applicants, have operated on the lot for over ten years with no known impacts
on surrounding properties. While the property abutting the right-side yard (GPIN 800-633-9173) is
occupied by a residential use, the existing home is located approximately 300 feet from the
outside storage areas, with nearly 200 feet of that distance being forested. This property as well
as the A-zoned properties abutting the rear property boundary (GPINs 800-633 3332 &
800-633-3153) are suggested by the Comprehensive Plan for Corporate Office/Research &
Development/Light Industrial uses; therefore, it is anticipated that these properties have the
potential to be redeveloped for more intense uses in the future. Furthermore, relocation of the
fencing and storage areas in conjunction with an evergreen hedgerow will adequately screen the
property from Happy Hill Road as well as from residential properties located across the street. The
proposal will provide for substantial visual improvements along the property frontage.
Exception to Mandatory Wastewater Connection
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:
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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 properties be adversely affected.
Comprehensive Plan and Future Area Development
The Comprehensive Plan suggests that area properties be developed for corporate office,
research and development, and light manufacturing uses. Several nearby parcels are vacant
and are currently zoned for light to moderate industrial uses. The tƌğƓ encourages
nonresidential development with the use of the public utility systems. While exceptions to
public sewer have been approved by the Board of Supervisors for properties to the south
(16663 Jefferson Davis Highway and 16530 & 16600 Happy Hill Road), the subject property is
in closer proximity to existing sewer lines. Given the impact of public water and wastewater
use in achieving the industrial development potential consistent with the recommendations of
the tƌğƓ, the Planning Department does not support the requested exceptions to the use of
these public utilities.
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UTILITIES
Staff Contact: Mike Larson (804-748-1338) larsonm@chesterfield.gov
The are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing Line Connection Required by County Code?
Serviced?
Water Yes 12 Yes
Wastewater No 8 Yes
Additional Utility Comments
This property is located in the mandatory water and wastewater connection areas for
nonresidential development. Connection to the public water and wastewater systems will be
required by county code. The applicant is requesting an exception to the required use of the
public wastewater system.
The public wastewater system is not immediately adjacent and available to this property.
There is an existing 8-inch gravity wastewater line approximately 700 linear feet northwest of
this site. An extension from this location (identified as Option 1 on the map) would require the
acquisition of easements from three property owners and is conceptually estimated to cost
approximately $122,000 for design, easement acquisition and construction. There is also an
existing 30-inch gravity wastewater line approximately 1,100 linear feet northeast of this
property that crosses Happy Hill Road. An extension from this location (identified as Option 2
on the map) would require either the acquisition of easements from five property owners or
the restoration of pavement along Happy Hill Road and is conceptually estimated to cost
approximately $240,000 (in easements) to $350,000 (in pavement) for design, easement
acquisition and construction.
The Utilities Department does not support the exception to wastewater connection because:
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 the decision be made to grant the exception, the Utilities Department requests the
conditions in Attachment 1 be imposed:
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Water and Wastewater Map-Existing Lines
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ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Geography
The subject property drains to the north through roadside ditches and a culvert under Happy Hill
Road to Timsbury Creek, a tributary to Swift Creek. The entire property is located within the Lower
Swift Creek Watershed.
Erosion and Sediment Control
If greater than 2,500 square feet of total land disturbance will occur as a result of any proposed
improvements or modifications, a land disturbance permit will be required.
Stormwater Management
If greater than 2,500 square feet will be disturbed with any proposed improvements, including
any changes to the land cover, the project will be subject to the Part IIB technical criteria of the
Virginia Stormwater Management Program Regulations for water quality and water quantity.
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COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Steve Adams (804) 748-1037 adamsSt@chesterfield.gov
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
This request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
05/23/17 Application submitted
6/2/17, Application revised
7/24/17,
3/1/18,
4/2/18 &
7/12/18
Planning Commission
8/15/17 Action DEFERRED TO OCTOBER 17, 2017 ON THE COMMISSI
10/7/17 Action DEFERRED TO FEBRUARY 20, 2018
2/20/18 Action DEFERRED TO APRIL 17, 2018
ENT.
4/17/18 Action DEFERRED TO JULY 17, 2018
7/17/18 Citizen Comments:
No citizens spoke to this request.
Commission Discussion:
Mr. Jones noted the distance of the closest public sewer lines to the request
property.
Mr. Sloan noted that connection to either of the two available sewer lines in
the vicinity would include right of way issues, traversing a creek and
constructing lines ranging from 700 to 1,100 feet in length. He also recognized
that exceptions had been granted for nearby properties to the south
Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Sloan Second: Jones
AYES: Sloan, Freye, Jones and Stariha ABSENT: Jackson
The Board of Supervisors on Wednesday, August 22, 2018, beginning at 6:00 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note: The following conditions are recommended by both the Planning Commission and
Staff.
1.Use. Use of the modular trailer shall be limited to office space associated with a
This use shall be limited to the
applicant only, and shall not be transferrable or run with the land. (P)
2.Location. The trailer shall be located on the property as depicted in Attachment 3. (P)
3.Exterior Maintenance. The exterior of the trailer shall be maintained so as to be free of
deterioration such as peeling or faded appearance. Any repainting of the exterior shall
be done in a color that is approved by the Planning Department. (P)
4.Skirting. The trailer shall be skirted with a material approved by the Planning
Department. (P)
5.Landscape Screening. A hedge row consisting of Green Giant trees shall be provided
and maintained within the 15-foot setback from Happy Hill Road in order to achieve
adequate screening, as determined by the Planning Department. Trees shall be spaced
5 feet on center and shall reach a minimum height of 8 feet at maturity. (P)
6.Utility Exception. The exception to the use of public wastewater shall only apply to this
original 4.1-acre parcel/property provided the use is limited to a modular office trailer
as proposed. Any development of the property for additional lots or uses, other than
the aforementioned, shall be required to conform to the Code at that time for the
provision of public wastewater. (U)
7.Utility Easements. Any site plan or building permit for the subject parcel shall provide
and dedicate public wastewater easements in locations acceptable to the Utilities
Department to accommodate the future extension of the public wastewater system.
Such easements shall be dedicated prior to site plan or building permit approval. (U)
8.Future Extension of Public Wastewater. In the event the public wastewater system is
extended to a point within 200 feet of the property, the public wastewater system shall
be extended to a point acceptable to the Utilities Department and all uses requiring
domestic wastewater shall be connected to the public wastewater system. (U)
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ATTACHMENT 2
EXHIBIT A, MODULAR LOCATION
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ATTACHMENT 3
EXHIBIT B, MODULAR ELEVATIONS
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ATTACHMENT 4
APPROVED CONDITIONS (CASE 73SN0075)
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