81S019Fe~-~-~9&~-~
March 25, 1981 BS
STAFF REPORT
CASE #81S019
VIRGIL C. DUNKLEY
REQUEST: A Conditional Use to permit a junk yard in an Agricultural (A)
District. The applicant is separating paper and aluminum products for
recycling; and also dismantling refrigerators and washers.
SUBJECT PARCEL: LOCATION, ACREAGE AND USE: Midlothian Magisterial District.
This property lies in the northeast quadrant of the intersection of Midiothian
Turnpike and Chinaberry Drive. The northern portion of the property is being
used as an illegal junk yard and is occupied by a single family residence and
several accessory buildings. Tax Map 19-13 (1) Parcel 4 (Sheet 9).
RECOMMENDATION
RecomMend denial and suggest that the applicant be instructed to cease operation
and remove all junk material within ninety (90) days for the following reasons:
A. Land use is inconsistent with the General Plan 2000.
B. Due to the shape and depth of the property, the required 100 foot
setback from Chinaberry Drive cannot be maintained.
C. The use, as it presently exists, is unsightly and therefore, a detriment
to adjacent existing and anticipated future development.
D. The use is incompatible with area development.
SUPPORTING INFOR>~TION
ADJACENT ZONING AND LAND USE:
North - A, Vacant
South - B-2, Commercial use
East - A, Vacant
West - R-7, Multi-family residential use
GENERAL PLAN: Multi-family residential use and commercial use.
UTILITIES: Public waker and sewer are not required for this use.
SOILS, DRAINAGE AND EROSION: Since no additional improvements are intended,
this portion of the report has been eliminated.
TRANSPORTATION AND TRAFFIC: Vehicular movements will be distributed over
Chinaberry Drive which is a dedicated public right-of-way, but has not been
taken into the State system.
PUBLIC FACILITIES: Property is served by Bon Air Fire Station, Company Number
4. Fire service capability is good at the present time. Dependent upon
existing fire hydrant accessibility, a fire hydrant may be required at the
entrance to this property. A fire hydrant must be within 500 feet of the rear
of this property.
DISCUSSION: In July, 1980, Staff received a complaint that junk material was
being stored on the subject property. Staff advised the property owner, Mr. Max
Pearson, of the violation and directed h~n to see that the use be ceased or seek
a Conditional Use. Subsequently, Mr. Pearson notified Staff that he rents the
property to Mr. Dunkley, the applicant. Staff discussed the violation with Mr.
Dunkley and advised him that the use must either cease or a Conditional Use be
obtained to allow the business to continue. During the ensuring months, Staff
discussed the matter with the applicant on several occasions. Mr. Dunkley
indicated his intent to move the business to another location, and therefore,
Staff attempted to work with him to allow a reasonable time period for the move.
Staff again visited the property in November and found that the amount of
material being stored on the property had increased and that no progress had
been made to move the business. Ater further discussions with Mr. Dunkley, an
application for Conditional Use was filed in December, 1980.
As stated previously, the applicant separates paper and aluminum products for
recycling and also dismantles refrigerators and washers and sells the usable
parts to others. Although the application states that the material is stored
on the site for a maximum of twenty-four (24) hours, Staff's visits to the
property have indicated that material is being stored for a much longer period
of time. The material which is being stored on the property is scattered
across the parcel in no particular order. Hundreds of used tires are located
along the eastern property line and other materials such as parts, old washers
and refrigerators are visible from Chinaberry Drive and Chesterfield Village
Apartments. In short, the present condition of the property is an eyesore for
the residents in the area.
Because of the nature of the operation and its associated unsightliness, uses
such as the one represented by this application are normally located in intense
commercial or industrial areas. As stated previously, the area encompassing the
request parcel is occupied by commercial use and multi-family residential use.
Commercial use in the area has been confined to the vicinity of Midlothian
Turnpike while the multi-family use lies to the north of the commercial area.
Given the nature of area development and the existing condition of the subject
property, Staff is of the opinion that the operation is incompatible with area
land uses. It should further be noted that should the Conditional Use request
be approved, the operation will violate the provision of the Zoning Ordinance
which requires that all junk yards be located a minimum of 100 feet from public
rights-of-ways, and screened from view of such roads. Specifically, the storage
area is located within ten (10) to twenty (20) feet of Chinaberry Drive and is
not enclosed by solid fencing. Although the buffering requirements can be met,
the shape and width of the parcel precludes compliance with the 100 foot setback
requirement. Therefore, in addition to the Conditional Use, either a
Conditional Use Planned Development or Variance must be obtained, should the
Commission and Board see fit to allow the use to continue.
Given the above considerations, Staff is of the opinion that the request should
be denied and the applicant instructed to cease operation and remove all junk
material from the property within ninety (90) days.
81S019
CASE HISTORY
Planning Commission Meeting:
(2/17/81) Mr. Crump stated that the use proposed is inappropriate
and incompatible with surrounding land uses.
On a motion of Mr. Crump, seconded by Mr. Williams, the Commission re-
solved to recommend denial of the request and that the applicant be
instructed to remove the operation within ninety (90) days.
AYES:~ Unanimous
The Board of Supervisors on Wednesday, March 25, 1981, beginning at 2:00 p.m.,
will take under consideration this request for zoning.
3 81S019
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