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02SN0180-Mar13.pdfMarch 13, 2002 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 02SN0180 Seaboard Concrete Products Company Dale Magisterial District North line of Cardwell Road at its imersection with Castlewood Road REQUEST: Rezoning fi.om Light Industrial (I- 1), General InduStrial (b2) and Heavy Industrial (I- 3) to Heavy Industrial (I-3) with a Conditional Use Planned Development to permit exceptions to setbacks, screening and landscaping requirements of the Zoning Ordinance. PROPOSED LAND USE: Continued operation of a non-conforming concrete products manufacturing company. However, with approval of this request, other 1-3 uses except as restricted by Proffered Condition 1 could be developed. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE PROFFERED CONDTIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: Ao The Central Area Plan suggests the request property is appropriate for general industrial uses which includes some 1-3 uses having the same character and extent as I-1 and I-2 uses. The property is currently occupied by a legal non-conforming Heavy Industrial (I-3) use and as such other 1-3 uses would be permitted on the property provided there is not a lapse of two (2) years between changes from one I-3 use to another 1-3 use. The proffered conditions provide for further use restrictions, generally consistent with the recommendation of the Plan. Providing a FIRST CHOICE Community Through Excellence in Public Service. Bo Improvements to the property will be realized through the rezoning and acceptance of proffered conditions which would not necessarily occur under the current non- conforming status. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITION In conjunction with the granting of this request, the following exceptions shall be granted: (STAFF/CPC) A. A sixty-one (61) foot exception to the ninety (90) foot front yard setback for buildings. (STAFF/CPC) B. Rear and side yard setback exceptions to accommodate the buildings shown on the plans prepared by LaPrade Bros., dated 10/29/01. Any new improvements shall conform to the required setback requirements. (STAFF/CPC) C. Except as required by Proffered Condition 2, an exception to parking and driveway setbacks. (STAFF/CPC) D. An exception to the setback requirements in I-3 Districts from I-1 Districts. (STAFF/CPC) E. Except as required by Proffered Condition 2, an exception 'to the landscaping requirements. (STAFF/CPC) F. Except as required by Proffered Condition 2, an exception to outside storage screening requirements. (P) PROFFERED CONDITIONS (STAFF/CPC) 1. The Property may be used for any use permitted by right within any I- 3 District except: (a) abrasive, asbestos and miscellaneous non- metallic mineral products manufacturing; (b) blast furnaces, steel works and rolling and finishing ferrous metals; (c) chefnicals products manufacturing; (d) chrome plating and anodizing; or (e) coal and coke storage. (STAFF/CPC) 2. Upon expansion of the existing building on the Property beyond its existing footprint (shown on the plans prepare by LaPrade Bros., dated 10/29/01 as 13,362 square feet at ground level), (a) any fencing 2 02 SN018 O-MAR 13 -BO S within five (5) feet of the southem boundary line of the Property along Cardwell Road shall be removed, (b) all parking, driveways and outside storage areas shall be located a minimum of fifteen (15) feet from the southern property boundary, and (c) if there are any outside storage or processing areas, such areas shall be screened from view of Cardwell Road by one or more, or a combination of the following: (i) building design; (ii) an opaque fence at least six (6) feet in height constructed of PVC material and to be located at least ten (10) feet from the boundary line of the Property along Cardwell Road, the exact design and height to be approved by the Planning Department or upon request by the owner, as may be approved by the Planning Commission, or (iii) two (2) rows of Leyland Cyprus having an initial height of five (5) feet spaced ten (10) feet on center and planted within the ten (10) foot setback along Cardwell Road. (P) GENERAL INFORMATION Location: North line of Cardwell Road at its intersection with Castlewood Road, west of the CSX Railroad. Tax IDs 786-691-9351 and 787-691-1244 (Sheet 12). Existing Zoning: Light Industrial (I-1), General Industrial (I-2) and Heavy Industrial (I-3) Size: 2.5 acres Existing Land Use: Non-conforming concrete products manufacturing Adjacent Zoning and Land Use: North - I-3; Industrial South - I-3; Industrial East - I-2; Industrial West - I-3; Industrial 3 02SN0180-MAR13-BOS UTILITIES Public Water and Wastewater Systems: There is an existing twelve (12) inch water line extending along the north side of Cardwell Road, adjacent to the request site and there is an eight (8) inch water line extending along the northern boundary of this site. In addition, there is an eight (8) inch wastewater collector extending along the northern boundary of this site. The existing concrete products plant is connected to the public water and wastewater systems. Use of the public water and wastewater systems is required by County Code. ENVIRONMENTAL Drainage and Erosion: This rezoning will have no impact on these facilities. PUBLIC FACILITIES Fire Service: The Bensley Fire/Rescue Station, Company Number 3 currently provides fire protection and emergency medical service. This request will have a minimal impact on fire and emergency medical service. If the buildings are expanded, the number of hydrants and quantity of water needed for fire protection will be evaluated during the plans review process. Transportation: This request will rezone the property from Light Industrial (I- 1), General Industrial (I-2) and Heavy Industrial (I-3) to Heavy Industrial (I-3) with Conditional Use Planned Development. It is anticipated that traffic generated by the requested land uses will be similar to traffic generated by land uses permitted under existing zoning. This request will have a minimal impact on the anticipated traffic generated by development of the property. LAND USE Comprehensive Plan: The Central Area Plan designates the request property for general industrial uses. The Plan indicates that I-1, I-2 and some I-3 uses may be appropriate if they have the same general character as I-1 and I-2 uses. Area Development Trends: Properties surrounding the request property are occupied by industrial uses and is mostly zoned for Heavy Industrial (I-3) uses. The City of Richmond's natural gas storage facility is 4 02SN0180-MAR 13-BOS located on adjacent property to the west and north of the request property and Atlantic Construction Fabrics, Inc. is located to the south across Cardwell Road from the request property. The CSX Railroad is located on property to the east. It is anticipated that industrial uses will continue in this area. Zoning Histo _ry: The concrete products manufacturing use was located on the property in compliance with zoning in 1967. The use has become a legal non-conforming use due to subsequent Ordinance amendments. Further, the site design does not conform to current Ordinance requirements. Development Standards: The request property lies within an Emerging Growth District Area. The Zoning Ordinance specifically addresses access, landscaping, setbacks, parking, signs, buffers, utilities and screening of outside storage areas. The purpose of the Emerging Growth District standards is to promote high quality, well-designed projects. The request property was developed prior to adoption of these standards and has not been developed in accordance with these standards. The existing use could continue under the current zoning as non-conforming and compliance with the standards would not be required unless the use is expanded. Redevelopment of the site or any new expansion of existing buildings must conform to the requirements of the Emerging Growth District Area. However, the applicant is requesting approval of exceptions to the setback, landscaping and screening requirements. (Condition) Specifically, the applicant is requesting the following setback exceptions: a reduction in the front setback requirement from ninety (90) feet to twenty-nine (29) feet; a reduction in the side yard setback from thirty (30) feet to five (5) feet; a reduction in the parking and drives setback for the front yard from forty (40) feet to zero (0) feet. The applicant is also requesting relief to front yard perimeter landscaping which the Ordinance requires to be planted in accordance with Perimeter Landscaping A standards for properties in 1-3 Districts. Some landscaping exists in front of the office building along Cardwell Road. Increased setbacks for parking, drives and outside storage areas and additional landscaping are proposed upon expansion of the existing buildings. (Proffered Condition 2) Screening: Outside storage areas exist in conjunction with the concrete products manufacturing use on the request property without screening as required by the current Ordinance. As previously stated, this use existed on the property prior to current Ordinance standards which require outside storage areas in industrial districts to be screened from view of public rights of way. The applicant has submitted Proffered Condition 2 which ensures, should the existing building be expanded, outside storage areas will be screened by one (1) or more, or a 5 02SN0180-MAR13-BOS combination of, the following: building design; an opaque fence at least six (6) feet in height constructed of PVC material and to be located at least ten (10) feet fi.om the boundary line of the property along Cardwell Road; or landscaping within the ten (10) foot setback along Cardwell Road. This screening will improve the appearance of the outside storage area which is not subject to the current Ordinance requirements because of its non-conforming status. CONCLUSIONS The Central Area Plan suggests the request property is appropriate for general industrial uses which includes some I-3 uses having the same general character as I-1 and 1-2 uses. The property is currently occupied by a non-conforming Heavy Industrial (1-3) use. The existing use, as well as other I-3 uses, could continue under the current zoning, provided there is not a lapse of two (2) years between a change fi.om one I-3 use to another I-3 use. However, as a legal non-conforming use, the current zoning would not allow expansion of the existing use or rebuilding for an I-3 use if the building were to be destroyed. This rezoning request is being made to bring the existing concrete products manufacturing company into conformance with the Ordinance and to allow other industrial uses in the future. Proffered Condition 1 restricts the uses that would be permitted in the future whereas the existing non-conformance status does not provide such restrictions. Properties adjacent to the request property are zoned for heavy and general industrial uses similar to the current use of the request property. Further, a proffered condition restricts certain uses permitted on the request property beyond what may be permitted in other I-3 Districts in the area. (Proffered Condition 1) Although approval of this request would include relief to current Emerging Growth District standards, improvements to the property will be realized at such time as there is any expansion of the existing buildings on the site through the acceptance of Proffered Condition 2 relating to increased parking and accessory use setbacks and screening of outside storage. Such improvements may not necessarily be realized if the building were expanded to accommodate a conforming use under the existing zoning. For example, under the existing zoning and non-conformance standards, the building could be expanded if setbacks were met to accommodate an I-1 use. If that I-1 use had outside storage areas, such areas would be permitted since they currently exist and would not be required to be screened due to the non-conforming status. With approval of this request, at such time the building is expanded for any use, the outside storage areas will be relocated further fi.om Cardwell Road and screening will be installed. (Proffered Condition 2) Given the foregoing, approval of this request is reconunended. CASE HISTORY Planning Commission Meeting (2/19/02): The applicant accepted staff's recommendation. There was no opposition present. 6 02SN0180-MAR13-BOS On motion of Mr. Litton, seconded by Mr. Gecker, the Commission recommended approval of this request subject to the condition and acceptance of the proffered conditions on pages 2 and 3. AYES: Unanimous. The Board of Supervisors, on Wednesday, March 13, 2002, beginning at 7:00 p.m., will take under consideration this request. 7 02 SN0180-MAR 13-BOS m mmm m mm mmm mm mm m mmm m m m m mm ~A¥ ~: ,00'09 o ¢ Z o~ r~ "' O-o o Z 5NOl80-1