CASE NUMBER: 18SN0783 APPLICANTS: Richard Smith CHESTERFIELD COUNTY, VIRGINIA BERMUDA DISTRICT

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1 CASE NUMBER: 18SN0783 APPLICANTS: Richard Smith CHESTERFIELD COUNTY, VIRGINIA BERMUDA DISTRICT STAFF S ANALYSIS AND RECOMMENDATION Planning Commission (CPC) Public Hearing: JUNE 19, 2018 CPC Time Remaining: 100 DAYS Applicant s Agent: JAMES INGLE ( ) Applicant s Contact: RICHARD SMITH ( ) Planning Department Case Manager: DREW NOXON ( ) 28.2 Acres 1800 Coxendale Road REQUEST Conditional use planned development to permit an exception to ordinance requirements relative to height of a structure in a Heavy Industrial (I-3) District. Specifically, the applicant is requesting a 62-foot exception to the 150-foot height limitation in order to erect a 212-foot tall flag pole. Notes: A. Conditions may be imposed or the property owner may proffer conditions. B. Conditions and Exhibits are located in Attachments 1-3. SUMMARY A 212-foot tall flag pole for a non-commercial flag is planned accessory to an existing scrap metal recycling business. The I-3 Zoning District permits structures to be a maximum of 150 feet tall, therefore the applicant requests a 62-foot height exception. STAFF RECOMMENDATION DENIAL Height allowance of 150 feet is adequate for proposed structure Approval of this request would encourage other similar requests for exceptions Providing a FIRST CHOICE community through excellence in public service

2 Department PLANNING SUMMARY OF IDENTIFIED ISSUES Issue The height allowance of 150 feet for structures in the I-3 District is adequate for a flag pole. Approval of this request would encourage other similar requests for exceptions to permitted height. 2 18SN JUN19-CPC-RPT-C

3 3 18SN JUN19-CPC-RPT-C

4 Comprehensive Plan Classification: INDUSTRIAL The designation suggests the property is appropriate for moderate to intense manufacturing uses that are generally dependent upon the processing of raw materials. Surrounding Land Uses and Development Single-family uses -Bellmeade I-95 Vacant/future Industrial use Single-family dwellings; zoned Agricultural and Industrial VA RT 288 Commercial & Industrial Uses Single-family uses -Normandale Terrace Coxendale Rd 4 18SN JUN19-CPC-RPT-C

5 PLANNING Staff Contact: Drew Noxon ( ) Proposal The applicant proposes to construct a flag pole accessory to an existing scrap metal recycling business. The flag pole is proposed at a maximum height of 212 feet from grade and would be located in the southwestern corner of the property (Attachment 2, Conceptual Site Layout). The Heavy Industrial (I-3) District permits a maximum height of 150 feet for structures. The applicant requests a 62-foot exception to the maximum permitted height for the I-3 Zoning District. The applicant indicates that an American Flag measuring 40 feet tall by 80 feet wide (3,200 square feet) would be displayed on the pole, however, display of any non-commercial flag would be permitted. The Zoning Ordinance defines a non-commercial flag as stated below. Flag, noncommercial: Sign consisting of a piece of cloth or other flexible material that only depicts the emblem or insignia of a nation, political unit, educational, charitable, religious, civic or similar group, or is a decorative flag that does not display a commercial message. A noncommercial flag shall be not be included in the calculation of signage on the property. Due to its height of over 199 feet, the flag pole would be required to be lit in accordance with Federal Aviation Administration (FAA) regulations. The applicant has included the following statement as justification for this request: We would like to erect a 212' tall flag pole baring a 40' X 80' American Flag. We plan to establish a metal recycling location on the property named USA Iron and Metal. We plan to give veterans and active duty military 5% over market value for metal they bring in for recycling. We also plan to donate 5% of the profits to Wounded Warrior's. The 212' height is based on a Company philosophy from the book 212. At 211 degrees water is just hot. At 212 degrees water boils. We want to go 1% farther than our competition. That one degree (212 degrees) causes water to boil, which causes steam, which can power a locomotive, which can move the world. Staff is not supportive of the proposal for the following reasons: The permitted height of 150 feet in the I-3 District is adequate for a flag pole Proposal may set precedent for similar requests within the County as no height exceptions have been granted for flag poles within the County 5 18SN JUN19-CPC-RPT-C

6 Should the Planning Commission and Board of Supervisors wish to approve this request, staff recommends the conditions outlined in the chart below be imposed to assist in mitigating the impacts on area properties. Requirements Ownership Height Limit Location and Design Flag Display Lighting General Overview Details Limited to the applicant only Not to exceed 212 feet Condition 1 Condition 2 Located and designed as depicted in Attachments 2 & 3 Condition 3 One non-commercial flag not to exceed 3,200 sq. ft. in area Condition 4 Soft blinking red light at night with upward reflection, medium white strobe light during the day, with upward reflection Cessation of Use Removal required within 12 months once use ceases Condition 5 Condition 6 FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten ( ) battena@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Dutch Gap Fire Station, Company Number 14 EMS Facility The Bensley-Bermuda 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. PARKS AND RECREATION Staff Contact: Stuart Connock ( ) ConnockS@chesterfield.gov No comments received to date. 6 18SN JUN19-CPC-RPT-C

7 UTILITIES Staff Contact: Jamie Bland ( ) The proposed request to erect a flag pole will not impact the Utilities Department. There are no public facilities currently or planned on this property. The applicant is reminded that the flagpole shall not be constructed within a public water or wastewater easement. The Utilities Department supports this case. COUNTY TRANSPORTATION Staff Contact: Steven Adams ( ) adamsst@chesterfield.gov VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Jonathan Phillippe ( ) jonathan.phillippe@vdot.virginia.gov UTILITIES Staff Contact: Jamie Bland ( ) blandj@chesterfield.gov ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward ( ) WardR@chesterfield.gov This request will not impact these facilities. 7 18SN JUN19-CPC-RPT-C

8 CASE HISTORY Applicant Submittals 4/2/2018 Application submitted 5/7, 5/15/& 5/25/2018 Renderings & conceptual site layout submitted 8 18SN JUN19-CPC-RPT-C

9 CONDITIONS ATTACHMENT 1 1. Non-Transferable Ownership. The flag pole shall only be permitted accessory to the scrap metal business of which Richard Smith, the applicant, is a majority owner. (P) 2. Height Limit. The flag pole shall not exceed 212 feet in height above grade. (P) 3. Location and Design. The flag pole shall be located on the property as depicted in Exhibit A, and shall have a design generally consistent with the rendering in Exhibit B. (P) 4. Flag Display. Display shall be limited to one (1) non-commercial flag not to exceed 3,200 square feet of area. (P) 5. Lighting. Unless otherwise required by the Federal Aviation Administration (FAA), tower lighting during daylight hours shall be limited to medium intensity white strobe lights with upward reflection and lighting during night-time hours shall be limited to soft blinking red lights with upward reflection. (P) 6. Cessation of Use. At such time that the flag pole ceases to be used for a period exceeding twelve (12) consecutive months, the property owner shall dismantle and remove the flag pole from the property. (P) 9 18SN JUN19-CPC-RPT-C

10 EXHIBIT A, SITE LOCATION ATTACHMENT SN JUN19-CPC-RPT-C

11 11 18SN JUN19-CPC-RPT-C

12 EXHIBIT B, FLAG POLE ELEVATION ATTACHMENT SN JUN19-CPC-RPT-C

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