01SN0168-July25h.pdfJuly 25, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0168
Douglas J. and Deborah A. Hackman
Dale Magisterial District
West line of Newbys Bridge Road
REQUEST: Conditional Use Planned Development to permit the office use and exceptions to
Zoning Ordinance requirements in an Agricultural (A) District.
PROPOSED LAND USE:
The applicant is currently operating home health care offices within the existing
residential and accessory structures without the requisite Conditional Use. A
Conditional Use Planned Development is requested to bring the use into compliance
and to allow exceptions to development standards and bulk requirements of the
Zoning Ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service.
Ao
The proposed zoning and land use do not conform with the Central Area Plan
which suggests the property is appropriate for residential use of 1.0 to 2.5 dwelling
units per acre.
The proposed land use and zoning do not conform to existing and anticipated area
residential development.
Co
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 MAY PROFFER
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.)
PROFFERED CONDITIONS
The property owner (the "Owner") in this zoning case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that the development of the Property
known as Chesterfield County Tax ID/GPIN 758-681-2847 and part of 758-681-4279-(the
"Property") under consideration will be developed according to the following conditions
if, and only if, the request for the Conditional Use Planned Development with development
exceptions is granted. In the event the request is denied or approved with conditions not
agreed to by the Owner, the proffers and conditions shall be immediately null and void and
or not further force or effect.
(CPC)
This Conditional Use Planned Development shall be granted for a period
not to exceed one (1) year 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 mn with the land. 0~)
(CPC)
This Conditional Use Planned Development shall be limited to a home
health care administrative office use. A maximum of seventeen (17)
employees shall maintain offices on the Property at any one time 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 the Property during any one (1) calendar year
where more than twenty (20) persons are on the Property at any one time.
(P)
2 01SN0168/WP/JULY25H
(CPC)
o
No clients shall be treated or consulted on the Property. No 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 structures to accommodate this use except
those required by the Virginia Uniform Statewide Building Code
(VAUSBC). Such uses shall qccupy no more than 5,000 square feet of
gross floor area. (P & BI)
(CPC)
o
For any function attended by fifty (50) or more persons, a minimum of one
(1) portable toilet for each 100 persons in attendance shall be provided on
the Property. (H)
(CPC)
All uses shall be conducted entirely within enclosed buildings, except fsr
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 2.0>)
(CPC)
Business hours shall be limited to Monday through Friday from 7 a.m. to
8p.m. (P)
(CPC)
Loading areas, loading docks and drive-in loading doors shall be
prohibited. (P)
(CPC)
There shall be no exterior lighting other than security lighting which all
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)
10.
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) entrance/exit. The exact location of this access shall be approved
by the Transportation Department. (T)
3 01SN0168/WP/JULY25H
(CPC) 13.
A revised centerline, based on VDOT's Minor Arterial Standards (50
MPH) with modifications approved by the Transportation Department, for
Newbys Bridge Road shall be submitted to, and approved by, the
Transportation Department. Prior to any final site plan approval, forty-five
(45) feet of right-of-way on the west side of Newbys Bridge Road,
measured from the approved revised centerline for that part of Newbys
Bridge Road immediately adjacent to the property, shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield County. (T)
(CPC) 14.
The unenforceability, illegality, elimination, revision or amendment of any
proffer set forth herein, in whole or in part, shall not affect the validity or
enforceability of the other proffers or the unaffected part of any such
proffers. (P)
GENERAL INFORMATION
Location:
West line of Newbys Bridge Road, south of Sunnygrove Road. Tax ID 758-681-2847 and
Part of 4279 (Sheet 17).
Existing Zoning:
A
Size:
7.2 acres
Existing Land Use:
Home health care offices
Adjacent Zoning 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
4 01SN0168/WP/JULY25H
UTILITIES
Public Water System:
There is an existing thirty (30) inch water transmission main running through the request
site. Domestic service connections to transmission mains are discouraged; therefore, this
main is not considered available. The closest existing water distribution main which could
be extended to provide domestic service is located in Newbys Bridge Road, approximately
500 feet northeast of the request site. The use of the public water system is recommended.
The application indicates the intent to use the public water system; however, since
submission of the request, the applicants have verbally indicated their intent to utilize a
private well.
Public Wastewater System:
The public wastewater system is not available to the request site.
Private Septic System:
The "Barn/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 family
dwelling and has now been converted to office use. The existing system was built for
residential, not office purposes. Without a specified limitation on the number of
employees on the property at any one time, this existing septic system may not be adequate
for the proposed uses.
For those functions which allow more than twenty (20) persons on the property at any one
time, portable toilets would be provided for each 100 persons in attendance. (Proffered
Condition 5)
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the southeast under Newbys Bridge Road to a tributary of Falling
Creek. There are no known on- or off-site drainage or erosion problems.
5 01SN0168/WP/JULY25H
PUBLIC FACILITIES
Fire Service:
Fire and emergency medical service is provided to the property by the Airport Fire/Medic
Station, Company 15. The driveways must be capable of supporting fire apparatus. This
will also be evaluated during the site plan review process.
If public water is not extended to serve these uses, the time for the Fire Department to
obtain an adequate water supply may adversely affect fire suppression operations.
Transportation:
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 2000 traffic count of 3,393 vehicles per day.
Included in the Virginia Department of Transportation (VDOT) Six Year Secondary Road
Improvement Plan are two (2) projects to reconstruct Newbys Bridge Road, as a two-lane
facility, from Walmsley Boulevard to Hagood Lane. Construction is anticipated to begin
in Fall 2003 from Walmsley Boulevard to Falling Creek, and in Fall 2005 from Falling
Creek to Hagood Lane. If State funding forecasts change, these projects could be delayed.
The Thoroughfare Plan identifies Newbys Bridge Road as a major arterial with a
recommended right of way width of ninety (90) feet. The applicant has proffered to
dedicate forty-five (45) feet of right of way, measured from a revised centerline for
Newbys Bridge Road in accordance with the Plan. (Proffered Condition 13)
Access to major arterials, such as Newbys Bridge Road, should be controlled. The
applicant has proffered that direct access to Newbys Bridge Road will be limited one (1)
entrance/exit (Proffered Condition 12). Due to the horizontal and vertical alignment of
Newbys Bridge Road, sight distance at this access is limited. In order to provide adequate
sight distance at this access to serve office use, Newbys Bridge Road will need to be
reconstructed and/or regraded. As an alternative, the access could be relocated to intersect
Newbys Bridge Road at a location were adequate sight distance is available. The applicant
plans to relocate the Newbys Bridge Road access towards the eastern property line.
6 01SN0168/WP/JULY25H
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. One of the goals of the
Plan is to try to preserve and protect stable neighborhoods through the provision of
appropriate transition between existing and future residential development and higher
intensity uses.
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 will continue in this immediate area, consistent with the
recommendations of the Central Area Plan.
Uses:
The applicant has 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 (Proffered Conditions 2 and 3).
Proffered Condition 2 would limit the number of employees who maintain offices on the
property at any one time to seventeen (17) and limit the number of employees on the site
at any one time to a maximum of twenty (20) except during social functions which would
be limited to two (2) during any calendar year. This use would be granted for one (1) year
from the date of approval and for the applicants or an entity in which at least one (1) of the
applicants has a controlling interest (Proffered Condition 1). The applicants have agreed
to limit the hours of operation (Proffered Condition 7) and that no signage identifying this
use will be visible from Newbys Bridge Road. (Proffered Condition 11)
Site Design:
With approval of this request, development should conform to the applicant's proffered
conditions and Textual Statement (attached). The subject property is a 7.2 acre portion of
two (2) parcels totaling approximately 17.9 acres. A plan submitted with the application
depicts a "House/Office," "Barn/Office" and "Office," which have been converted to
office space for a home health care operation, without requisite zoning or building permits.
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 (Proffered Condition 4),
7 01SN0168/WP/JULY25H
with all uses, except parking and company functions attended by more than twenty (20)
persons to be located within these buildings. (Proffered Condition 6)
The applicant is requesting an exception to the Zoning Ordinance requirements relative to
the number of parking spaces provided and the paving of parking areas. Specifically, the
Zoning Ordinance requires one (1) space for every 200 gross square feet of building area
whereas the applicants propose one (1) parking space for every 230 gross square feet of
building area. Further, in lieu of paving, the applicants propose that the driveway and
parking areas be surfaced with a minimum of six (6) inches of No. 21 or No. 2lA stone
(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 shall 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
Uniform Statewide Building Code (VAUSBC).
Buffers; Screening; and Lighting:
Currently, the Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters,
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 for
residential purposes by the principal building, and that such area within 1,000 feet 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.
A proffer has 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 with the Central Area Plan which suggests the
property is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. One 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.
8 01SN0168/WP/JULY25H
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (6/11/01):
Revised proffered conditions were submitted, as discussed herein.
Planning Commission Meeting (6/19/01):
The applicants did not accept staff's recommendation, but did accept the Planning
Commission's recommendation.
A number of persons were present in support of the proposal. Those in support indicated
that the property did not have the visual appearance of a business; the applicants had been
good neighborhoods; the use was non-obtrusive; and provides for a good work
environment.
Mr. Litton indicated that he had worked closely with area neighborhoods to develop a list
of restrictions under which the use could be supported for a limited time period. He stated
the use does not comply with the Central Area Plan and therefore, the applicants should
take the necessary steps to proceed with relocation of the business. He stated that he
would support approval of the request for a limited time to allow relocation of the business
to an appropriately zoned property.
On motion of Mr. Litton, seconded by Mr. Cunningham, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through 4.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, July 25, 2001, beginning at 7:00 p.m., will take under
consideration this request.
9 01SN0168/WP/JULY25H
DOUGLAS J. & DEBORAH A. HACKMAN
TEXTUAL STATEMENT
November 13, 2000
May 11, 2001
May 21, 2001
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").
Surface Treatment of Parking and Driveway Areas. All driveways and parking
areas shall have a minimum surface of six inches of No. 21 or No. 2lA stone.
Parking. Parking shall be provided based on a ratio of one (1) space for every 230
square feet of gross square footage.
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01SN0168
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