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80S164STAFF REPORT CASE #80S164 ERNEST L. BELVIN ~v~a~-~-~g~-~ ~-~ -2~,- -ggg~ ~C~ -F~b~ -%~ -~gg~-B~ March 25, 1981 BS REQUEST: Rezoning from Community Business (B-2) to General Business (B-3). An auto-body repair shop is intended. SUBJECT PARCEL: LOCATION, ACREAGE AND USE: Midlothian Magisterial District. This parcel lies approximately 150 feet off the north line of Midlothian Turnpike measured from a point located approximately 200 feet east of its intersection with Research Road. This .76 acre parcel is occupied by a single family residence. Tax Map 17-9 (1) Parcel 2 (Sheet 8). RECOMMENDATION Recommend denial for the following reasons: A. Proposed zoning and land use is incompatible with existing development in the area. B. Outside storage of wrecked automobiles will be detrimental to the aesthetic appeal of the area. C. Proposed zoning and land use will set a precedent for similar intense commercialization to the north of existing development. Such intense commercialization will adversely affect future development of the property lying to the north. D. At the time the property was originally zoned t6 General Business (C-2), the Board specifically excluded intense commercial uses such as the one proposed by the applicant. There has been no significant change in development patterns which would warrant a change in those past committments. E. The plan submitted by the applicant gives no indication that the property will be developed in a compatible manner with surrounding commercial development. SUPPORTING INFORMATION ADJACENT ZONING AND LAND USE: North - A, Vacant and wooded South - B-2, Minit-Mart Food Store East - B-2, Agee's Bicycle Shop West - B-2, Virginia ABC Store GENERAL PLAN: Commercial use. UTILITIES: A sixteen (16) inch public water line is located along Route 60 approximately 200 feet south of the subject property. Use of public water is recommended. This property lies in a sanitary sewer district which drains to Pocoshock Creek. A trunk sewer line is located along Route 60 and Research Road. Connection to these lines must be approved by the Utilities Department. SOILS, DRAINAGE AND EROSION: Soils are nearly level to gently sloping and under present conditions have only a slight chance for erosion. This parcel has a fair soil suitability for the proposed development with use of public sewer. This property lies in the Routes 60/147 Drainage District. This development must conform with the storm sewer system design of the drainage district and a pro-rata share of the cost for district improvements must be paid prior to the release of a building per,nit. An erosion control plan and a site grading and drainage plan showing both existing and proposed contours and drainage structures must be submitted to Environmental Engineering for approval. TRA2~SPORTATION AND TRAFFIC: area traffic. This request should have a minimal impact on PUBLIC FACILITIES: This property is served by Midlothian Fire Station, Company Number 5. This station is staffed by both paid and volunteer personnel. Fire service capability is good at the present time. DISCUSSION: On May 8, 1968, the Board of Supervisors rezoned this property from Agricultural (A) to General Business (C-2) with the condition that the, "Land be restricted against use for service stations, public garages, trucking terminals, dance halls, junk yards, and trailer courts; further, plans and specifications with proper screening be approved by Planning Director." When the County's Zoning Ordinance was recodified on January 1, 1973, the Board of Supervisors rezoned this property in a blanket action with other vacant parcels in the area to Community Business (B-2). The applicant is making this request for two reasons: 1) he feels that his property was unjustly rezoned to B-2 rather than B-3 and 2) he intends to operate an auto body repair shop on site which requires B-3 zoning. In response to this request, careful consideration needs to be given to the nature and use of adjacent commercial properties. Located adjacent to this property is a Virginia ABC Store, Minit-Mart Food Store, and Agee's Bicycle Shop This strip along the north side of Midlothian Turnpike is typified by similar light commercial uses. In reviewing the restrictions placed on this property at the time it was zoned commercially, it would appear that the Board was attempting to preserve the area for less intense commercial uses and prohibit those uses which are often unsightly and have outside storage. In light of existing area development, the proposed use is not compatible with adjacent uses. It is anticipated that the proposed use will have associated with it the storage of wrecked and damaged vehicles waiting repair. These vehicles have a tendency to collect around body shops and often pose a safety problem unless properly enclosed, but more particularly result in an unsightly situation. 80S164 CASE HISTORY Planning Commission Meeting: (11/18/80) The Commission deferred this request for sixty (60) days in order to allow the applicant time to prepare and submit a plan of development. Staff and Applicant: (1/11/81) As requested, a plan of development has been submitted for the subject property. The plan indicates that a three (3) bay garage and associated parking would be constructed along the eastern property line. The proposed operation would be enclosed by a six (6) foot high chain link fence. It should be noted that the applicant is requesting General Business (B-3) zoning and has neither proffered the plan submitted nor agreed that the only use to be made of the property will be an automotive repair and body shop. Without these proffers, General Business (B-3) zoning entitles the appli- cant to all uses permitted in that zoning district. With respect to the plan submitted, however, Staff's concerns relative to land use compatibility have not been properly addressed. Specifically, there are no provisions for buffering the use from adjacent property to the east and west. Adjacent commercial uses are less intense than the one proposed in this application and for the most part are attractive develop- ments. Rezoning the request parcel will no doubt lead to further pressures for similar uses on adjacent vacant parcels. Staff is, therefore, of the opinion that denial of this application is appropriate. However, should the Commission and Board see fit to permit this use, it is recommended that a Conditional Use Planned Development be granted subject to the imposition of the following conditions: 1. The uses permitted shall be limited to an automotive repair and body shop. 2. There shall be no outside storage of parts, supplies or equipment. All vehicles awaiting repair shall be stored to the north (rear) of the proposed building. 3. The vehicular storage area shall be enclosed .... di~t' ilt~k £=t~c~a w~oda~ ~la~% ~J~solid board fenceh Specifically, the vehicular storage area shall be screened from view~f adjacent property to the north, south, east and west. ~ 80S164 4. The twenty-five (25) foot buffer, as shown on the plan submitted, shall be planted in accordance with the "Minimum Guidelines for Landscaped Buf fe rs". 5. No junk vehicles or parts shall be stored on the subject property. 6. ~c Building shall employ split bla~v-o?-~Y'f~-in the-f~. }~J~L=~ials ~h~ll be~-~oaSdued e~_rth tcnc coiu~, A colored rendering of the structure shall be submitted to the Planning Commission for approval in conjunction with schematic plan review. (Note: Prior to obtaining a building permit, schematic plans depicting the above conditions must be ~,submitted to the Planning Commission for approval.~~ ~ ~ '~~ ~'~ ~'~ ~-~~~ Planning Commission Meeting: (1/20/81) Mr. Crump stated that the proposed use is incompatible with the types of commercial establishments which presently exist in the area. On a motion of Mr. Crump, seconded by Mr. Currin, the Commission resolved to recommend denial of this application. AYES: Messrs. Howard, Crump, Williams, Currin and Belcher ABSENT: Fir O'Neill Board of Supervisors Meeting: (2/25/81) At the request of the applicant, the Board deferred this case for thirty (30) days to their March 25,1981 meeting. The Board of Supervisors on Wednesday, March 25, 1981, beginning at 2:00 p.m., will take under consideration this request for zoning. 80SI64 ---7.-' //?/t ,'4/ 0 !