04SR0250-Jan26.pdfgu,ne 15,200~, CPC
July 28, 2004 ES
OctoSer 27,200'!, ES
January 26, 2005 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
04SR0250
Douglas J. and Deborah A. Hackman.
Dale Magisterial District
West line of Newbys Bridge Road
REQUEST: Renewal of Conditional Use Plmmed Development (Case 03SR01.00) to pe'rmit oflqce
use and exceptions to Ordinance requirements in an Agricultural (A) District.
PROPOSED LAND USE:
In 2002, the applicants were gran.ted renewal of a Conditional Use Planned
Development (Case 03SR0100) to operate home health care offices within the
existing residential and accessory' structures for an additional period of eighteen (l 8)
months. Renewal of this Conditional Use Planned Development is requested lbr an
additional eighteen (t 8) months.
(NOTE: IN ORDER FOR THE BOARD TO CONSIDER THIS REQUEST AT THEIR
MEETING, A $130.00 DEFERRAL FEE MUST BE PAID PRIOR TO THE PUBLIC
HEARING.)
PLANNLNG COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommer~d denial fbr the following reasons:
Providing a FIRST CHOICE commumtT through excellence in public service
The proposed zoning and land use do not con:tbrm with the Central Area Plan, wMch
suggests the property is appropriate for residential use of 1.0 to 2,5 dwelling units per
acre.
The applicants have secured and zoned other property on which to relocate this
business. Renewal of this Conditional Use Planned Development in 2002 for a period
of eighteen (i 8) 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 tramsfer this operation to the new' site. The applicants have failed to
diligently pursue this relocation,
C4
The proposed land use and zoning do not conform to existing and anticipated area
residential development.
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 CONDITION'S NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITION'S WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDiTiONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.
CONDITIONS WITH "NEW" ARE CONDITIONS CHANGED SINCE THE COMMISSION'S
CONSIDERATION OF THIS CASE.)
PROFFE~D CONDITIONS
(CPC) I.
This Conditional Use Planned Development shall be granted for a period not
to exceed eighteen (18) months from the 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 interest, and shall not be transferable nor run with the land, (P)
(N W) i.
This Conditional Use Planned Development shall be granted ]?bra period not
to exceed eighteen (18) months from the date of approval, This Conditional
Use Planned Development shall be granted to and ibr Douglas J. and
Deborah A. Hackman, or to an entity in which at least one of them owns a
substantial interest, and shall not be transferable nor run with the land. (P)
(cpc) 2.
This Conditional 'Use Planned Development shall be limited to a home health.
care administrative office use. A maxi~nmn of seventeen (17) em.ployees
shall maintain offices on the Property at any one ti.me and a maximum of
twenty (20) employees shall be permitted on. the Property at any one time.
Provided, however, a maximum of two (2) company functions may occur on
2 04S R0250-.} A N26-B OS
the Property during any one (1) calendar year where more than twenty (20)
persons are on the Property at any one time, (P)
(cPc)
No clients shall be treated or consulted on the Property. N'o retail or
wholesale sales shall be conducted on the Property~ (P)
(cpc)
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 structm'es 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.
(Bi)
(CPC)
For any function attended by fifty (50) or more persons, a minimum of one
(1) portable toilet for each one hundred (I 00) persons in attendance shall be
provided on the Property. (H)
(CPC)
All uses shall be conducted entirely within enclosed buildings, except tbr
accessory' automobile parking and functions where more than twenty (20)
persons may be located on the Property at any one time, as described in
Proffered Condition 2. (P)
(cPC)
Business hours shall be limited to Monday through Friday from 7 a.m. to 8
p.m. (P)
(CPC)
Loading areas, loading docks and drives-in loading doors shall be prohibited.
(P)
(CPC)
Thero 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)
(CPC)
I0.
With the exception of six (6) parking spaces which may be located in front of
the "Barn/Office" building as noted in the "Plan", all parking shall be located
behind buildings as generally depicted on the "Plan.". (P)
(CPC)
11.
There shall be no visible signage from Newbys Bridge Road that identifies
the use. (P)
(cpc)
12.
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 Transportation Department. (T)
3 04SR0250~JAN26-BOS
GENERAL INFORMATION
Location:
West line of Newbys Bridge Road, south of Sunnygrove Road. Tax IDs 758-681-2847 and
Part of 4279 (Sheet 17).
Existing Zonin..g:
A
Size:
7.2 acres
Existing Land Use:
Home health care offices
Adjacent Zonin~ and Land Use:
North and South - A and A with 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:
There is an existing thirty (30) inch transmission water line that extends across Newby's
Bridge Road and continues within an easement across this site. The request site is connected
to the. public water system tbr domestic water use only. This renewal request will have not
impact on use of the public water system.
Public Wastewater System:
The public wastewater system is not available to the request site.
Private Septic System:
The "Barl~/Office'' and "Office" buildings shown on the "Plan" submitted with the
application do not have a separate approved septic tank/drainfield system. These structures
are connected to the system which was originally installed to serve the single f~unil, y dwelling
4 04SR0250*JAN26-BOS
and has now been. converted to office use. The existing system was built fbr residential, not
office purposes.
With limitations, the system is adequate to serve the uses proposed. For those l~nctions
which allow more than fifty (50) persons on the property at any one (1) time, portable toilets
would be provided lbr each 100 persons in attendance. (Proft~red Condition 5)
ENVIRONMENTAL
Drainage and Erosion:
This request will have minimal impact on environmental engineering issues.
PUBLIC FACILITIES
Fire Service:
The property is currently served by the Airport Fire/Medic Station, Company 15. Although
public water is available fbr domestic use, it is not available lbr fire suppression purposes.
As a result, the time for the Fire Department to obtain, an adequate water supply may
adversely affect fire suppression operations. The applicants have installed a dry hydrant on
the property to provide a water supply fbr firefighting.
Transportation:
In July 2001, the Board of Supervisors approved a Conditional Use Planned Development
(CUPD) (Case 01SN0168) tbr one (t) year to permit office use on the property. As part of
that approval, the Board accepted several proffers that included development limitations,
access control and right of way dedication along Newbys Bridge Road. The applicant is
requesting renewal of that previously approved CUPD fbr 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 (Proffered Condition 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 this road should be twenty4bur (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
5 04SR0250-JAN26-BOS
Newbys Bridge Road as a two (2) lane facility from Walmsley Boulevard to Falling Creek.
The design of this project is anticipated to begin in 2007.
The Thoronghfhre Plan identifies Newbys iBridge Road as a major arterial with a
recommended right of way width of ninety (90) feet. In accordance with Proffered Condition
13 of Case 01 SN0168, the applicant has dedicated forty-five (45) feet of right of way along a
revised centerline for Newbys Bridge Road.
Access to major arterials, such as Newbys Bridge Road, should be controlled. The applicant
has proffered that direct access from. the property to Newbys Bridge Road will be limited to
one (1) entrance/exit (Proffered Condition 12). Due to its horizontal and vertical alignment,
sight distance along Newbys Bridge Road is limited. As part of developing the property, the
applicant provided a new access onto Newbys Bridge Road at a location where adequate
sight distance is available.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for residential use of 1.0 to 2.5 dwelling units per acre.
Area Development Trends:
Area properties to the west and east are characterized by residential and agricultural zonings
and are occupied by the Newbys Wood, Jacobs Court and Ashley Grove Subdivisions, single
family development on acreage parcels or are vacant. The area properties to the north and
south are characterized by agricultural zoning with large acreage parcels occupied by single
family residences or are vacant, it is anticipated that residential development wilt continue in
this immediate area, consistent with the recommendations of the 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 fi'om the County (Case 01 SN0168). Staff' recommended denial, of the request as
the use did not conform w4th the Central Area Plan; represented commercial encroachment
into a single family residential area; and could set a precedent for additional non-residential
development along this portion of Newbys Bridge Road. On June 19, 2001, the Planning
Commission recommended approval of the request tbr a period of one (I) year to allow the
applicants time to proceed with the relocation of their business to an appropriately zoned
property. On July 25,200t, the Board of Supervisors approved this Conditional Use Planned
Development subject to the conditions as recommended by the Commission.
6 04SR0250-JAN26~BOS
On July 24, 2002, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved the applicants' request for re×oning of 24.4 acres from
Agricultural (A) to Light Industrial (I) with Conditional Use Planned Development, on
property located at the southeast quadrant of the intersection of Newbys Bridge iRoad and
Hagood Lane (Case 02SN0171). The applicants propose to develop a corporate office park
within which to relocate their home health care business.
On October 23, 2002, the Board of Supervisors, upon a fhvorable recommendation by the
Planning Commission, approved the renewal of Case 0 t SN0168 for an additional eighteen
(18) months to provide time to receive the necessary plan. and permitting approvals at the
new location and transfer this operation to that site at Newbys iBridge and Hagood Lane.
(Case 03 SRO 100)
On January 28, 2003, site plans were submitted to the County for development of the home
health care offices at the new location. Two (2) subsequent resubmittals of this plan were
made based upon County review comments. Revisions to the plans were last requested by
staff on June 13, 2003. To date, the applicants have not resubmitted plans for County review'
based upon these June, 2003, comments.
U'ses:
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 (Pro:flYered Conditions 2 and 3).
iProffered Condition 2 would limit the number of employees who maintain offices on the
property at any one (l) time to seventeen (17) and limit the number of employees on the site
at any one (i) time to a maximum of twenty (20) except during social timctions 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 which at least one (t)
of the applicants owns a substantial interest (Proffered Condition 1). The applicants have
agreed to limit the hours of operation (Proffered Condition 7) and that no signage idemitying
this use will be visible from Newbys Bridge Road. (Proffered Condition t 1)
Site DesiRa:
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 portion of
two (2) parcels totaling approximately i7.9 acres. A plan submitted with the application
depicts a "House/Office", "Barrb/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 structures, not to exceed a total area of 5,000 gross square
feet (Proflbred Condition 4), with ali uses, except parking and company functions attended
by more than twenty (20) persons, to be located within these buildings. (Proffered Condition
6)
7 04SR0250-JAN26-BOS
An exception to the Zoning Ordinance requirements was previously granted relative to the
number of parking spaces provided and the paving of parking areas. Specifically, the Zoning
Ordinance requires one (I) space for every 200 gross square feet of building area whereas the
applicants have provided one (I) pm'king space for every, 230 gross square feet of building
areat Further, in lieu of paving, the applicants' driveway and parking areas are surfaced with
a minimum of six (6) inches of No. 21 or No. 21A stone, The applicants are requesting these
stone exceptions through this renewal process (Textual Statement 1 and 2). Parking areas are
to be located as generally depicted on the "Plan" with the majority 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 4 prohibits additions and exterior alterations to the
buildings except which may be necessary to comply with Virginia Uniibrm Statewide
Building Code (VAUSBC).
Buffers; Screening: and Lighting:
Currently, th.e Zoning Ordinance requires that solid waste storage areas (i.e., dum. psters,
garbage cans, trash compactors, etc.) be screened from view of adjacent property and public
rights of way by a solid fence, wall, dense evergreen planting or architectural feature, be
separated from any residentially zoned property or any property being used fbr residential
purposes by the principal building, and that such area within 1,000 'fi~et 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 amount of exterior lighting. (Proffered Conditions 8 and 9)
CONCLUSIONS
The proposed zoning and land use do not conform to the Central Area Plm~ which suggests the
property is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. One (1) of the goals
of the Plan is to preserve and protect stable neighborhoods through the provision of appropriate
transition between existing and future 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 business. Renewal of
this Conditional Use Planned Development in 2002 for a period of eighteen (18) months should have
affbrded the applicants appropriate time in which to receive the necessary iplan and permitting
approvals at this new location and transfer this operation to the new site. The applicants have failed
8 04SR0250-JAiN26-BOS
to diligently pursue these approvals with the last submittal to the County taking place over one (1)
year ago in May of 2003L
Given tt~ese 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.
On motion of Mr. Litton, seconded by Mr. Wilson, the Commissi on recommended approval
of this request and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
Board of Supervisors Meeting (7/28/04):
At the request of the applicant, the Board deferred this case to October 27, 2004.
Staff (7/29/04):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than August 16, 2004, for consideration at the Board.' s October public
hearing. Also, the applicant was advised that a $130.00 deferral fee must be paid prior to the
Board's October public hearing.
Applicant (8/16/04):
Proffered Condition I was revised addressing to
Development would be issued.
whom the Conditional Use Planned
9 o4SR0250-J AN26-BOS
Applicant (10/1/04):
Revised site plans were submitted to the County for development of the home health care
offices at the new- site located at Newbys Bridge Road and Hagood Lane (Reference the
"Zoning and Site Plan History" section of this report.
Applicant ( 10/25/04):
Revisions were requested by the County to the site plan submitted October 1, 2004, lbr the
home health care offices at the new site located at Newbys Bridge Road and Hagood [.ane.
(Reference the "Zoning and Site Plan History" section of this report)
Staff (10/26/04):
The $130.00 deferral fee was paid.
Board of Supervisors' Meeting (10/27/04):
At the request of the applicant, the Board deferred this case to January 26, 2005. Mr. Miller
urged the applicant to obtain site plan approval on the new site and indicated he did ~ot
desire to defer this case again.
Staff (I 0/28/04):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than November 8, 2004, for consideration at the Board's November
public hearing. Also, the applicant was advised that a $130.00 det~rral fee must be paid prior
to the Board's January. public hearing.
Staff (I/6/05):
To date the $130.00 deitkrral fee has not been paid. No new information has been submitted.
The Board of Superv'isors, on Wednesday, January 26, 2005, beginning at 7:00 p.m., will take under
consideration this request.
t 0 04SR0250~J'AN26~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 "Property").
1. Surfhce Treatment of Parkin~ and Driveway Areas. Alt driveways and parking areas
shall have a minimum surface of six inches of No. 21 or No. 2 iA stone.
2. Parkin.~: Parking shall be provided based on a ratio of one (1) space for every 230 square
feet of gross square footage.
FoRDHAM
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