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19SN0605 CASE NUMBER: 19SN0605 APPLICANT: Matthew and Melissa Carr CHESTERFIELD COUNTY, VIRGINIA MIDLOTHIAN DISTRICT IS AND RECOMMENDATION Board of Supervisors (BOS) Hearing: OCTOBER 23, 2019 BOS Time Remaining: 365 DAYS Contact: MELISSA CARR (804-379-0441) Planning Department Case Manager: 4.5 Acres 900 & 920 Mt. Hermon Road DREW NOXON (804-748-1086) and 921 Hallsboro Road REQUEST Request I. Conditional use to permit a business (special events) in a Neighborhood Business (C-2) District and an Agricultural (A) District plus conditional use planned development to permit exceptions to paving requirements for a parking area. Request II. Exception to Section 18-60 of the Utilities Code requiring connection to the public water and wastewater systems. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Conditions and an Exhibit are located in Attachments 1 & 2. SUMMARY A business including retail sales of gifts, art, crafts, and home décor is currently operating on 1.4 acres of the property known as 920 Mt. Hermon Road and zoned Neighborhood Business (C-2). The existing business operates completely within a historic structure known as the Hallsboro Store, constructed circa 1851. A special events venue including weddings/receptions, arts and craft shows and workshops, yoga classes, farmers markets and educational/cultural speakers is proposed as an expansion of the current business use on the portion of the property zoned Neighborhood Business (C-2) as well as onto 3.7 acres of the property zoned Agricultural (A), known as portions of 900 and 920 Mt. Hermon Road and 921 Hallsboro Road. An exception is requested to paving requirements to permit alternative surface treatments for parking areas used for special events (Request I). In addition, the applicants are requesting an exception to the requirement to connect to the public water and wastewater systems and plans to utilize private well and septic systems (Request II). The applicants also request designation of the existing Hallsboro Store as a historic structure by the Chesterfield County Preservation Committee (see companion Case 20HP0100). Providing a FIRST CHOICE community through excellence in public service RECOMMENDATIONS APPROVAL PLANNING COMMISSION REQUEST I (Conditional Use and Conditional Use Planned Development) PLANNING - APPROVAL Conditions limit use and improvements ensuring residential/agricultural character maintained Allows for adaptive reuse of historic structure and expansion of long- standing business use While the tƌğƓ suggests Phased Suburban Residential use, proposal provides for a unique destination use in rural setting which, as conditioned, would be designed and operated to minimize area impacts TRANSPORTATION - DENIAL Hallsboro and Mt. Hermon Roads are narrow with minimal to no shoulders with several substandard horizontal and vertical curves, STAFF potentially posing public health, safety, and welfare hazards for patrons and neighbors REQUEST II (Exception to public water and wastewater systems) PLANNING APPROVAL Proposal serves as interim use until utility extensions can accommodate long-term land use recommendations of Comprehensive Plan UTILITIES 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 219SN0605-2019OCT23-BOS-RPT SUMMARY OF IDENTIFIED ISSUES Department Issue Mt. Hermon Road and Hallsboro Road are narrow roads with minimal to no shoulders with several substandard horizontal and vertical curves. CDOT Additional traffic on these roads would have the potential to pose public health, safety, and welfare hazards for patrons and to those who reside along these roads. No topographic or capacity limitations that would prevent connection to public water and wastewater systems UTILITIES Adversely impacts the extension of public water and wastewater systems to area properties 319SN0605-2019OCT23-BOS-RPT 419SN0605-2019OCT23-BOS-RPT Comprehensive Plan Classification: PHASED SUBURBAN RESIDENTIAL, CONSERVATION RECREATION The Phased Suburban Residential designation suggests a portion of the property is appropriate for residential uses with a maximum of 2 dwellings per acre subject to availability of public utilities and facilities. The Conservation Recreation designation suggests a portion of the property be preserved due to its character or historical significance. Surrounding Land Uses and Development Mt. Hermon Rd. Historic Hallsboro Single-family uses Store Vacant Zoned Hallsboro Rd. for mixed-uses (Roseland) Single-family uses 519SN0605-2019OCT23-BOS-RPT PLANNING Staff Contact: Drew Noxon (804-748-1086) noxona@chesterfield.gov Proposal A special events business for weddings/receptions, arts and craft shows and workshops, yoga classes, farmers markets and educational/cultural speakers is planned. The applicants plan to construct a barn containing approximately 3,000 square feet on the property known as 920 Mt. Hermon Road to accommodate events. Areas surrounding the barn would be utilized for outdoor gathering as well as temporary tents and a 320 square-foot storage shed. Parking would be provided on a portion of a neighboring lot known as 900 Mt. Hermon Road. Patrons would use an existing walking path on a portion of the property known as 921 Hallsboro Road to connect from the parking area to the barn. Figure: Site Layout 619SN0605-2019OCT23-BOS-RPT The special events venue is located on a large parcel outside of a subdivision, and with limited site improvements integrated with thacter. The chart below provides an overview of the conditions recommended to assist with minimizing impacts on surrounding properties. General Overview Requirements Details Limited to the applicants only Ownership /ƚƓķźƷźƚƓ Њ Limited to weddings/receptions, arts and craft shows and workshops, yoga cla speakers Use Limitation Activities take place within barn and outdoor areas shown on Exhibit A /ƚƓķźƷźƚƓ Ћ 2 years Time Limit /ƚƓķźƷźƚƓ Ќ 36 per calendar year Maximum Number /ƚƓķźƷźƚƓ Ѝ of Events Tuesdays Thursdays from 11:00 a.m. 9:00 p.m. Fridays and Saturdays from 9:00 a.m. to 11:00 p.m. Hours of Operation Sundays from 9:00 am 9:00 p.m. No Monday operations /ƚƓķźƷźƚƓ Ў Maximum of 140 attendees (including employees/vendors) Group Assembly /ƚƓķźƷźƚƓ Џ Buildings limited to 3,000 square-foot barn and 320 square-foot Permitted shed (excluding tents) Structures/Expansion Alterations and/or expansion prohibited of Use /ƚƓķźƷźƚƓ А Outside public address system limited to: Live/amplified music and sound Public Address Noise shall not exceed 55 dBa measured at parcel boundaries /ƚƓķźƷźƚƓ Б No signs permitted on A-zoned portions of property to identify the Signs use /ƚƓķźƷźƚƓ В 20 parking spaces shall be improved with gravel or other pervious surface Parking Area Remaining parking area to remain as grass /ƚƓķźƷźƚƓ ЊЉ 719SN0605-2019OCT23-BOS-RPT Paving Exception The Zoning Ordinance requires that parking areas and driveways for commercial uses be paved with concrete, bituminous concrete or similar materials. The applicants are requesting that the parking area not be paved and are requesting a paving exception. Staff has included a condition (Condition 10) requiring that 20 parking spaces be improved with gravel or other pervious surface treatment acceptable to the Planning Department, with the remainder of the parking area to be grass. Staff is supportive of this exception as the minimal improvements to the parking area would maintain the rural appearance of the property and limit improvements given the long-term Comprehensive Plan recommendations for residential development of the property. Exception to Mandatory Water and Wastewater Connections 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: 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. Given that residential development would be developed in phases as utilities are extended consistent with the recommendations of the Comprehensive Plan, the Planning Department supports the requested exceptions to the use of these public utilities for the proposed interim use. Comprehensive Plan and Future Area Development The Comprehensive Plan suggests that the northern and eastern portions of the subject property should be developed for Phased Suburban Residential use, subject to connection to public utilities. Parcels to the north and west are zoned for agricultural uses and are occupied by single-family residential uses. Parcels to the south and east are zoned for commercial, industrial and residential uses as part of the mixed-use Roseland community, however development of this project has yet to commence. Staff agrees that the proposed use is appropriate at this time due to the lack of nearby public water and wastewater systems as well as the rural character of the surrounding community. The Comprehensive Plan designates the southern portion of the property for Conservation and Recreational uses. The applicants are requesting historic designation of the Hallsboro Store with the companion case (20HP0100), which is supported by the Conservation Recreation Plan designation. The use as proposed would encourage adaptive reuse of the historic structure and provide a unique, destination-oriented opportunity for patrons to experience a rural community in an agricultural setting. As proposed, staff is supportive of this request. 819SN0605-2019OCT23-BOS-RPT COUNTY TRANSPORTATION Staff Contact: Steve Adams (804-748-1037) adamsSt@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. There are no reliable traffic forecasters for this type of land use (special events). Traffic generated by development of the property will be initially distributed to Mount Hermon Road and Hallsboro Road. In September 2015, the VDOT traffic counts on Mount Hermon Road and Hallsboro Road were 460 and 240 vehicles per day, respectively. These r Thoroughfare Plan as major arterials with a recommended right of way width of ninety (90) feet. Hallsboro Road is a narrow (15 to 17-foot wide pavement) two-lane road with minimal to no shoulders and substandard horizontal and vertical curves. Mount Hermon Road is a narrow (18 to 20-foot wide pavement) two-lane road with minimal to no shoulders and substandard horizontal and vertical curves. VDOT minimum geometric design standards recommend these roads have 12-foot lane widths and 10-foot shoulders. In the last 5 years (2014 2018), there have been 13 reported collisions in total along these roads. Section 19.1-231 of the County Code outlines the general requirements to meet the needs of the traffic generated by a proposed development, including acceptable levels of service. This proposed development would contribute to an identifiable need for transportation improvements. The applicant has not offered to provide any mitigating road improvements. The Planning Department has recommended several conditions to limit the impacts of the special events use. Conditions which may limit the impacts of the special events use on the area roads are: 1) Two (2) year limitation on the use; 2) Type of events, 3) No new buildings/structures to accommodate the use; and 4) Maximum of 140 clients/guest per event. Imposing a limit on the number of patrons will be nearly impossible to monitor and enforce. Due to the condition of area roads, such as Hallsboro Road and Mount Hermon Road, staff cannot support the request. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov VDOT will evaluate the need for any commercial entrance(s) and its safest location, and any other operational considerations for public safety. 919SN0605-2019OCT23-BOS-RPT FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov Mission The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the environment through a comprehensive fire and life safety program that ensures an adequate and timely response to emergencies. Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Midlothian Fire Station, Company Number 5 EMS Facility The Forest View 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. UTILITIES Staff Contact: Mike Larson (748-1338) larsonm@chesterfield.gov Subject property is located within the mandatory water and wastewater connection areas for new non-residential structures. The applicant has requested an exception to the use of both public water and wastewater. The Utilities Department cannot support the request for an exception because there are no topographic or known underground utility conflicts and no capacity issues would be generated with this case. There is a 12-inch waterline that currently terminates in the Hallsley Subdivision at the intersection of Brightwalton Road and Ascot Hill Lane. Connection to the public water system would require the extension of approximately 3,200 linear feet of 12-inch waterline, including a bore under the railroad right-of-way. A conceptual cost to design and construct this waterline extension is $812,000. There is a 27-inch wastewater line that currently terminates in the Hallsley Subdivision at the end of Alsdell Road. The Utilities Department Facilities Plan indicates the need for a 24-inch wastewater line to be extended north from the current termination point towards the subject property. Connection to the public wastewater system would require the extension of approximately 5,000 linear feet of 24-inch and 1,600 linear feet of 8-inch gravity wastewater lines, including a bore under the railroad right-of-way. A conceptual cost to design and construct this wastewater line extension is $3.0M. The applicant would be eligible for oversizing refunds for the cost difference between the 24-inch wastewater line and the size need for this site. Should the Planning Commission and Board of Supervisors support the exception request, the Utilities Department suggests imposing Conditions 11 14 included in Attachment 1. 1019SN0605-2019OCT23-BOS-RPT 1119SN0605-2019OCT23-BOS-RPT ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov Geography The subject properties drain from north to south to an existing natural stream channel which transverses the property located at 921 Hallsboro Road. The channel drains to a culvert under Mount Hermon Road and to an unnamed tributary to Swift Creek, then to the Swift Creek Reservoir. The Swift Creek Reservoir is a 1,700-acre drinking water source for Chesterfield County. The subject properties are all located within the Upper Swift Creek Watershed. Natural Resources As required by Section 19.1-542 of the Zoning Ordinance, a Natural Resource Inventory (NRI) for the subject properties was completed by the applicant, and reviewed and approved by the Department of Environmental Engineering Water Quality Section. The properties do not contain any areas of Resource Protection Area. The property located at 921 Hallsboro Road contains approximately 1.10 acres of wetlands which generally bisect the property and are largely associated with an on-site intermittent stream. Any areas of wetlands cannot be impacted without a permit from the U.S. Army Corps of Engineers and/or the Virginia Department of Environmental Quality. Stormwater Management If greater than 2,500 square feet will be disturbed with any proposed improvements, the project will be subject to the Part IIB technical criteria of the Virginia Stormwater Management Program Regulations for water quality and quantity. DEPARTMENT OF HEALTH Staff Contact: Richard Michniak (804-748-1695) Richard.Michniak@vdh.virginia.gov The Health Department must approve any new or expanded use of individual well and septic systems. SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net PARKS AND RECREATION Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov This request will not impact these facilities. 1219SN0605-2019OCT23-BOS-RPT CASE HISTORY Applicant Submittals 3/15/19 Application submitted 3/22/19 & Application revised 8/23/2019 Community Meeting 8/1/19 Issues Discussed: Road improvements related to zoning cases Use of the existing Hallsboro Store Location of new barn building Neighbors generally supportive of proposal Planning Commission 9/17/19 Citizen Comments: One citizen spoke in support of the request. Commission Discussion: Mr. Stariha inquired about construction of turn lanes at the entrance to the property as well as confirmation of the number of attendees that would be permitted at events. Mr. Jones explained that the existing Hallsboro Store is a unique place in the County that is truly a community gathering place and commended the applicants for their efforts to renovate and maintain the store; therefore he was supportive of the proposal. Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN ATTACHMENT 1 Motion: Jones Second: Freye AYES: Jackson, Freye, Jones, Stariha and Sloan The Board of Supervisors on Wednesday, October 23, 2019, beginning at 6:00 p.m., will consider this request. 1319SN0605-2019OCT23-BOS-RPT ATTACHMENT 1 CONDITIONS Notes: The following conditions are recommended by both the Planning Commission and Staff. 1.Non-Transferable Ownership. This Conditional Use shall be granted to Matthew and Melissa Carr exclusively, and shall not be transferable nor run with the land. (P) 2.Use Limitation. This Conditional Use approval shall be for the operation of a business (weddings/receptions, arts and craft shows and workshops, yoga classes, farmers markets and educational/cultural speakers). Activities to include parking shall be limited to the areas depicted in the figure (Site Layout) on page 6. (P) 3.Time Limitation. This Conditional Use approval shall be granted for a period not to exceed two (2) years from the date of approval. (P) 4.Maximum Number of Events. The number of events shall not exceed 36 in one (1) calendar year. (P) 5.Hours of Operation. Events shall be permitted Tuesdays through Thursdays from 11:00 a.m. to 9:00 p.m., Fridays and Saturdays from 9:00 a.m. to 11:00 p.m., and Sundays from 9:00 a.m. to 9:00 p.m. There shall be no Monday operation. (P) 6.Group Assembly. A maximum of 140 clients and their guests, to include employees/vendors, at any one time, shall be permitted on the premises. (P) 7.Permitted Structures and Expansion of Use. Buildings shall be limited to a maximum 3,000 square-foot events building and a 320 square-foot storage shed (excluding temporary tents). Additions or exterior alterations shall not be permitted to accommodate this use, unless as otherwise required by code to accommodate handicapped accessibility. (P) 8.Public Address. Use of an outside public address system shall be limited to live and/or amplified music and sound. Noise generated by this system shall not exceed 55 dBa as measured at the parcel boundaries. (P) 9.Signage. No signs to identify this use shall be permitted on portions of the subject property zoned Agricultural (A). (P) 10.Parking Area Treatment. 20 parking spaces located on the premises known as 900 Mt. Hermon Road (GPIN 707-703-4034) shall be constructed of gravel, or pervious surface material as approved by the Planning Department. All remaining parking spaces shall remain as grass. (P) 1419SN0605-2019OCT23-BOS-RPT 11.Utility Exceptions. The exception to the use of public water and public wastewater shall only apply to the 4.5 acres identified in this application and provided the use is limited to a special events venue 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 water and public wastewater. (U) 12.Dedication of Easements. Any site plan or building permit for the subject parcel shall provide and dedicate public water easements and public wastewater easements in locations acceptable to the Utilities Department to accommodate the future extension of the public water and wastewater systems. Such easements shall be dedicated prior to site plan approval. (U) 13.Future Extension of Public Water System. In the event the public water system is extended to a point within 200 feet of the property, the public water system shall be extended to a point acceptable to the Utilities Department and all uses requiring domestic water shall be connected to the public water system. (U) 14.Future Extension of Public Wastewater System. 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) 1519SN0605-2019OCT23-BOS-RPT ATTACHMENT 2 EXHIBIT, CONCEPTUAL BUILDING ELEVATION 1619SN0605-2019OCT23-BOS-RPT