98SN0115.pdfMay 27, 1998 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
98SN0115
William M. Fridley, Fridley's Welding Service
Bermuda Magisterial District
7708, 7712 and 7716 Jefferson Davis Highway
REQUEST: Rezoning from Community Business (C-3) to General Business (C-5).
PROPOSED LAND USE:
A contractor's office and storage yard is planned. However, with approval of this
request other C-5 uses would be permitted except as restricted by Proffered
Condition 7.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
(NOTE: Since the Planning Commission's recommendation, the applicant has submitted
Proffered Conditions 4 through 7 in an attempt to address neighborhood concerns.)
STAFF RECOMMENDATION
Recommend approval for the following reasons:
mo
The proposed zoning and land uses conform with the Jefferson Davis Corridor Plan
which suggests the property is appropriate for general commercial use.
Bo
The proposed zoning and land uses are compatible with, and representative of,
existing and anticipated nonresidential development along this portion of the
Jefferson Davis Highway corridor.
Co
The requirements of the Development Standards Manual and recommended
conditions will further insure land use compatibility with anticipated residential
development west of the corridor.
(NOTES:
mo
PROFFERED CONDITIONS 4 THROUGH 7 WERE NOT SUBMITTED IN
ACCORDANCE WITH THE BOARD'S PROCEDURES. THEREFORE, IN
ORDER FOR THE BOARD TO CONSIDER PROFFERED CONDITIONS 4
THROUGH 7, IT WOULD BE NECESSARY TO SUSPEND THE RULES
Bo
THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER
CONDITION. THE PROPERTY OWNER 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.)
CONDITIONS
(STAFF) 1.
A minimum twenty-five (25) foot buffer shall be maintained along the
western property boundary adjacent to the Taw Street right-of-way. This
buffer shall conform to the requirements of the Development Standards
Manual for buffers, Sections 19-521 and 19-522.0~)
(STAFF) 2.
A buffer shall be provided to screen outside storage areas from properties
to the east and west. This buffer shall be accomplished by building design
or by the use of durable architectural walls or fences constructed of
comparable materials to the principal building and using a design
compatible to the principal building on the property. The treatment of this
buffer shall be approved at the time of site plan review and approval. (P)
PROFFERED CONDITIONS
(STAFF) 1.
Prior to any site plan approval, sixty (60) feet of right-of-way on the west
side of Routes 1 & 301, as measured from the centerline of that part of
Routes 1 & 301 immediately adjacent to the request property, shall be
dedicated, free and unrestricted, to and for the benefit of Chesterfield
County.
(STAFF) 2.
Direct access from_the request property to Routes 1 & 301, shall be limited
to one (1) entrance/exit. The exact location of this access shall be approved
2
98SN0115/WP/MAY27G
(STAFF)
(STAFF)
(STAFF)
(STAFF)
(STAFF)
o
o
by the Transportation Department. Prior to any site plan approval, an
access easement, acceptable to the Transportation Department, shall be
recorded to ensure shared use of this access with adjacent properties.
The use of sanitary sewer shall be employed when a public sanitary sewer
line is in place and operational on the western side of Jefferson Davis
Highway (U.S. Routes 1 & 301) and is within 200 feet of the request site.
Notwithstanding the requirements of the Chesterfield County Zoning
Ordinance, the proffered conditions stated herein and any conditions of
zoning, this site shall be constructed as per the Preliminary Site Plan by
Dean E. Hawkins, ASLA, dated 9 February 1998, which shall be
considered the master plan for any Contractor's Shop and Storage Yard
developed on GPIN 791-677-4189, 4284 and 4379.
All storage areas shall be paved with concrete, bituminous concrete or other
similar material.
Any equipment stored on site shall not exceed a stored height of ten (10)
feet.
Uses permitted shall be restricted to the following:
a) Any permitted uses in the C-3 District.
b) Any permitted uses in the I-1 District.
c) Boat sales, service, repair and rental.
d) Building material sales yard, not including concrete mixing.
e) Commercial automobile parking.
f) Contractor's shops and storage yards.
g) Farm implements and machinery sales, service, rental and repair
establishments.
h) Motor vehicle sales, service, repair and rental.
i) Satellite dishes.
j) Utility trailer and truck rentals.
3 98SN0115/WP/MAY27G
GENERAL INFORMATION
Location:
Fronts the west line of Jefferson Davis Highway, north of Congress Road and better
known as 7708, 7712 and 7716 Jefferson Davis Highway. GPIN 791-677-4189, 4284 and
4379 (Sheet 23).
Existing Zoning:
C-3
Size:
1.01 acres
Existing Land Use:
Commercial
Adjacent Zoning & Land Use:
North - C-3; Vacant
South - C-3; Commercial
East - C-3 and C-5; Mobile home park
West - R-7; Vacant
Public Water System:
UTILITIES
There is an existing eight (8) inch water line along Jefferson Davis Highway and adjacent
to the request site. Use of the public water system is required by County Code.
Public Wastewater System:
There is an existing eight (8) inch public wastewater collector in Gayland Avenue
approximately 675 feet northeast of this site. In addition, there is an existing eight (8) inch
public wastewater collector in Noel Street approximately 780 feet southeast of the request
site. It is the intent of the applicant to utilize a private septic system for the present time.
The request ,site is along the Jefferson Davis Corridor which has been looked upon by the
County as an area needing re-vitalization and new growth. Although the intended use
4
98SN0115/WP/MAY27G
should not generate significant wastewater flows, there may be other uses allowed under
a C-5 zoning that could generate higher flows. There are also commercial and residential
properties adjacent to the request site that would benefit from the extension of the public
wastewater system. - '
It should also be noted that there is an existing twelve (12) inch "Private" line located
approximately 150 feet north of the request site. This line is not part of the "public"
County wastewater system, but is owned and maintained by the Defense Supply Center
Richmond (DSCR).
The applicant's representative has met with Utilities Department staff and DSCR officials
to discuss the possibility of the County taking over the private line as part of the public
system. Pursuit of this matter will continue. The applicant has submitted a proffer
agreeing to connect to the public wastewater system when it has been extended to within
200 feet of the request site. Considering that an extension of an existing public line (which
would require boring across Jefferson Davis Highway) would be a tremendous expense for
the applicant, the Utilities Department finds this proffer acceptable. (Proffered Condition
3)
Private Septic System:
Use of a private septic system must be approved by the Health Department.
ENVIRONMENTAL
Drainage and Erosion:
Site drains to Jefferson Davis Highway and then to the James River. There are no existing
or anticipated on- or off-site drainage or erosion problems. It may be necessary to obtain
offsite easements and make improvements to control runoff from additional development.
PUBLIC FACILITIES
Fire Service:
This property is currently served by the Bensley Fire/Rescue Station, Company Number
3 and Bensley-Bermuda Rescue Squad. When the property is redeveloped, the quantity
of water for fire protection and the hydrants needed will be evaluated during the site and
construction plans review processes.
5 98SN0115/WP/MAY27G
Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on trip rates for fast food restaurants with drive
through windows, development could generate approximately 2,130 average daily trips.
These vehicles will be distributed along Jefferson Davis Highway 0~oute 1/301) which had
a 1996 traffic count of 27,233 vehicles per day.
The Thoroughfare Plan identifies Route 1/301 as a major arterial with a recommended
right-of-way width of 120 to 200 feet. The applicant has proffered to dedicate sixty (60)
feet of right-of-way, measured from the centerline of Route 1/301, in accordance with that
Plan. (proffered Condition 1)
Development must adhere to the Zoning Ordinance relative to access and internal
circulation (Article 5). Access to major arterials, such as Route 1/301, should be
controlled. The applicant has proffered that direct access from the property to Route 1/301
shall be limited to one (1) entrance/exit (Proffered Condition 2). The proffer requires that
this access be shared with adjacent properties.
The property is located within the Jefferson Davis Highway Enterprise Zone. Based on
the Board of Supervisors' Policy regarding development within the Enterprise Zone, road
improvements to include improvements to Taw Street will not be required by the County.
At time of site plan review, specific recommendations will be provided regarding access
and internal circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the
property and adjacent property to
commercial use.
Jefferson Davis Corridor Plan which suggests the
the north and south are appropriate for general
Area Development Trends:
Area properties to the west have been zoned and developed for single-family residential
or remain vacant. Properties to the north, south and east are zoned and developed for
commercial uses or remain vacant. It is anticipated that area properties fronting Jefferson
Davis Highway will continue to be used and developed for commercial purposes while
property to the west is expected to continue to develop for residential uses.
98SN0115/WP/MAY27G
Site Design:
The request property lies within the Jefferson Davis Highway Northern Area Post
Development Area. Redevelopment of the site-or new construction haust conform to the
development standards of the Zoning Ordinance which address access, parking,
landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of
dumpsters and loading areas. In addition, the applicant has agreed that any contractor's
shop and storage yard will be developed in accordance with the attached plan (Proffered
Conditon 4). It should be noted that, if deemed necessary through site plan review, the
plan will have to be revised to meet any Ordinance requirements.
Uses:
The applicant has agreed to restrict the uses permitted on the property. (Proffered
Condition 7)
The applicant has agreed that all storage areas will be paved (Proffered Conditon 5) and
that any equipment stored on the site will not exceed a height of ten (10) feet.
Architectural Treatment:
Within Post Development Areas, no building exterior which would be visible to public
rights of way may be constructed of unadorned concrete, block or corrugated and/or sheet
metal. Mechanical equipment, whether ground-level or rooftop, must be shielded and
screened from public rights of way. Redevelopment of the site or new construction must
adhere to Post Development requirements.
Buffers & Screening:
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 plantings 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 purposes not be serviced between the
hours of 9:00 p.m. and 6:00 a.m. In addition, sites must be designed and buildings
oriented so that loading areas are screened from any property where loading areas are
prohibited and from public rights of way.
With the approval of this request, outside storage would be permitted. Outside storage has
existed on the site for a number of years. The use is non-conforming with respect to the
current requirements of the Zoning Ordinance. Since the use is non-conforming, the
Ordinance will not require screening of those storage areas. Therefore, staff recommends
7 98SN0115/WP/MAY27G
that a condition be imposed requiring the storage areas to be screened from view of
properties to the east (Jefferson Davis Highway) and to the west (Taw Street) (Condition
2). The Ordinance will require that any new outside storage areas be screened from view
of adjacent properties which have no such areas and from public rights of way.
Adjacent property to the west is zoned Residential (R-7) and is vacant. The Plan suggests
continued residential use to the west; therefore a buffer should be required along the
western property boundary of the request site, adjacent to the Taw Street right of way
(Condition 1). This buffer will provide some protection of future residential development
from commercial uses on the request property. (Condition 1).
CONCLUSIONS
The proposed zoning and land uses conform with the Jefferson Davis Corridor Plan which
suggests the property is appropriate for general commercial use. In addition, the proposed zoning
and land uses are compatible with, and representative of, existing and anticipated development
along this portion of the Jefferson Davis Highway corridor. The requirements of the Development
Standards .Manual and recommended conditions will further ensure land use compatibility with
area development.
Therefore, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/21/97):
At the request of the applicants, the Commission deferred this case to December 16, 1997,
to allow the applicants time to resolve utilities issues.
Staff (10/23/97):
The applicants were advised in writing that any significant new or revised information
should be submitted no later than October 27, 1997, for consideration at the Commission's
December 16, 1997, public hearing.
Staff, Applicants, DSCR Staff and Area Property Owners (10/29/97):
A meeting w, as held to discuss the_possibility of converting the private wastewater line that
serves DSCR to a public line. It was generally agreed that the County and DSCR staffs
8 98SN0115/WP/MAY27G
would continue to pursue that possibility and that the applicants would agree to connection
to a public line at such time such a line is within 200 feet of the property, as discussed
herein.
Applicants (10/31/97):
Proffered Condition 3 was submitted to address utilities concerns.
Planning Commission Meeting (12/16/97):
The applicant accepted the staff's recommendation, but did not accept the Planning
Commission's recommendation. Several concerned area property owners were present.
Concerns were expressed relative to the intensity of the uses permitted in the C-5 District
and their potential negative impact on area residential properties; the fact that the applicant
had continued to clear and grade on the property without the required approvals; access
to Taw Street; noise; and hours of operation.
Mr. Cunningham expressed concerns that there had been a history of continued zoning
violations on the subject property. He also expressed concerns that the intended use may
be too intense and could potentially adversely affect area residents. He indicated that the
Plan is just a guide and in reviewing the details of this particular location felt that all C-5
uses were not appropriate.
On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended
denial of this request.
AYES: Unanimous.
Board of Supervisors Meeting (1/28/98)'
At the applicant' request, the Board deferred this case to March 11, 1998.
Staff (1/29/98):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than February 9, 1998, for consideration at the Board's March public
hearing.
9 98SN0115/WP/MAY27G
Applicant (2/25/98):
The applicant amended the request to include an additional .7 acre located to the north of
the property which was the subject of the original request.
Applicant (3/9/98):
The applicant withdrew the .7 acre located to the north from the request.
Applicant (3/11/98):
The applicant requested a deferral to the Board's April 22, 1998, meeting. The applicant
indicated the purpose of the deferral was to allow time to finalize details of the proffered
conditions to address neighborhood concerns.
Board of Supervisors' Meeting (3/11/98):
The Board acknowledged withdrawal of the .7 acre located to the north.
At the request of the applicant, the Board deferred this case to their April 22, 1998, public
hearing.
Staff (3/12/98):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than March 17, 1998, for consideration at the Board's April public
hearing.
Staff (4/7/98):
To date, no new information has been received.
Board of Supervisors Meeting (4/22/98):
At the requgst of the applicant, t_he Board deferred this case to May 27, 1998.
10
98SN0115/WP/MAY27G
The Board of Supervisors, on Wednesday, May 27, 1998, beginning at 7:00 'p.m., will take under
consideration this request.
11 98SN0115/WP/MAY27G
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98SN0115
In Bermuda Magisterial District, WILLIAM M. FRIDLEY,
FRIDLEY'S WELDING SERVICE requested rezoning and amendment
of zoning district map from Community Business (C-3) to
General Business (C-5) . The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for general commercial use. This request lies on 1.01 acres
known as 7708, 7712 and 7716 Jefferson Davis Highway. GPIN
791-677-4189, 4284 and 4379 (Sheet 23).
Mr. Jacobson presented a summary of Case 98SN0115 and stated
that staff recommends approval because the request conforms
to the Jefferson Davis Corridor Plan. He further stated
that there was neighborhood opposition to the request at the
Planning Commission meeting, specifically regarding
buffering, intensity of uses, etc; therefore, the Planning
Commission recommended denial. He stated that subsequent to
the Planning Commission meeting, the applicant has proffered
four additional proffers which will restrict the uses on the
property and provide improvements consistent with the Master
Plan, prohibit access to Taw Street and provide a buffer or
screening to minimize the impact on the single family
neighborhood. He further stated that if the Board wishes to
consider the four new proffered conditions, it must amend
5/27/98 98-383
its rules of procedure.
Mr. Dean Hawkins, representing the applicant, stated that
the applicant has worked with adjacent property owners on
these proffered conditions. He further stated that the
recommendation of staff is acceptable.
There was brief discussion relative to the timing of the
construction of the berm and buffer adjacent to Taw Street.
There was no opposition present.
Mr. McHale expressed appreciation to everyone who worked on
this request for their cooperation and efforts. He
commended Mr. Phillip Cunningham, Bermuda District Planning
Commissioner, for his diligent work on this request.
Mr. McHale then made a motion, seconded by Mr. Warren, for
the Board to suspend its rules at this time to consider the
four additional proffered conditions.
Ayes:
Nays:
Humphrey, Warren, Barber, Daniel, and McHale.
None.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved Case 98SN0115, subject to the following
conditions:
A minimum twenty-five (25) foot buffer shall be
maintained along the western property boundary
adjacent to the Taw Street right-of-way. This buffer
shall conform to the requirements of the Development
Standards Manual for buffers, Sections 19-521 and 19-
522. (P)
A buffer shall be provided to screen outside storage
areas from properties to the east and west. This
buffer shall be accomplished by building design or by
the use of durable architectural walls or fences
constructed of comparable materials to the principal
building and using a design compatible to the
principal building on the property. The treatment of
this buffer shall be approved at the time of site plan
review and approval. (P)
And, further, the Board accepted the following proffered
conditions:
Prior to any site plan approval, sixty (60) feet of
right-of-way on the west side of Routes 1 & 301, as
measured from the centerline of that part of Routes 1
& 301 immediately adjacent to the request property,
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County.
Direct access from the request property to Routes 1 &
301, shall be limited to one (1) entrance/exit. The
exact location of this access shall be approved by the
Transportation Department. Prior to any site plan
approval, an access easement, acceptable to the
Transportation Department, shall be recorded to ensure
shared use of this access with adjacent properties.
5/27/98 98-384
Ayes:
Nays:
The use of sanitary sewer shall be employed when a
public sanitary sewer line is in place and operational
on the western side of Jefferson Davis Highway (U.S.
Routes 1 & 301) and is within 200 feet of the request
site.
Notwithstanding the requirements of the Chesterfield
County Zoning Ordinance, the proffered conditions
stated herein and any conditions of zoning, this site
shall be constructed as per the Preliminary Site Plan
by Dean E. Hawkins, ASLA, dated 9 February 1998, which
shall be considered the master plan for any
Contractor's Shop and Storage Yard developed on GPIN
791-677-4189, 4284 and 4379.
Ail storage areas shall be paved with concrete,
bituminous concrete or other similar material.
Any equipment stored on site shall not exceed a stored
height of ten (10) feet.
Uses permitted shall be restricted to the following:
a) Any permitted uses in the C-3 District.
b) Any permitted uses in the I-1 District.
c) Boat sales, service, repair and rental.
d) Building material sales yard, not
concrete mixing.
e) Commercial automobile parking.
f) Contractor's shops and storage yards.
g) Farm implements and machinery sales,
rental and repair establishments.
h) Motor vehicle sales, service, repair and rental.
i) Satellite dishes.
j) Utility trailer and truck rentals.
including
service,
Humphrey, Warren, Barber, Daniel, and McHale.
None.
5/27/98 98-385