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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0194
AFF of Chester LLC
Bermuda Magisterial District
12201 South Chalkley Road
May 27, 2009 B S
REQUEST: Amendment of zoning (Case 95SN0258) relative to hours of operation and
architecture.
PROPOSED LAND USE:
A health club facility is planned. Conditions of Case 95SN0258 currently limit
hours of operation and require architectural compatibility with elevations specific to
a former grocery store use. The applicant is requesting extended hours of operation
for a health club facility and an alternative architectural treatment.
PLANNING COMMISSION RECOMMENDATION
THE COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON MAY 19, 2009.
STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S RECOMMENDATION
SUBSEQUENT TO THE COMMISSION MEETING.
STAFF RECOMMENDATION
Conditions relative to hours of operation and architectural treatment were negotiated with area
property owners. After consideration of public input, should the Commission and Board wish to
approve these amendments, acceptance of the proffered conditions would be appropriate.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER OTHER CONDITIONS.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
The Owners and the Developer (the "Developer") in this zoning condition amendment
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
Identification Number 779-652-3160 (the "Property") under consideration will be
developed according to the following conditions if, and only if, the request for the
amendment of proffered conditions is granted. In the event the request is denied or
approved with conditions not agreed to by the Developer, the proffers and conditions
shall immediately be null and void and of no further force or effect.
1. Uses shall not be open to the public between the hours of 11:00 p.m. and 6:00
a.m. with the exception that a single Health Club use may be opened to the public
between the hours of 4:00 a.m. and 12:00 a.m. daily, provided that security
cameras shall be installed so as to provide video surveillance of parking areas
between 10:00 p.m. and 12:00 a.m., and again between 4:00 a.m. and 6:00 a.m.
(P)
(Staff Note: This proffer supersedes Proffered Condition 3 of Case 95SN0258 for the
request property, only.)
2. The principal building on the Property shall be constructed generally as depicted
on the elevation titled "American Family Fitness, South Chalkey and Ironbridge
Road," dated December 16, 2008, and prepared by Freeman Morgan Architects.
Any other buildings constructed on the Property shall be compatible in materials,
color and style with the principal building. The developer shall submit elevations
to the Planning Department for approval at the time of site plan submission. (P)
(Staff Note: This proffer supersedes Proffered Condition 4 of Case 95SN0258 for the
request property, only.)
GENERAL INFORMATION
Location:
East line of South Chalkley Road, south of Iron Bridge Road, and better known as 12201
South Chalkley Road. Tax ID 779-652-3160.
Existing Zoning:
C-3
Size:
6.6 acres
2 09SN0194-MAY27-BOS-RPT
Existing Land Use:
Commercial (vacant building)
Adjacent Zoning and Land Use:
North - C-3; Commercial
South - R-MF; Vacant
East - C-3; Commercial
West - C-5; Commercial
UTILITIES
This request will not impact the public water and wastewater systems. The use of the public water
and wastewater systems is required as a condition of zoning. The existing structure on this site is
connected to both the public water and wastewater systems.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire and Chesterfield County Department of Transportation:
This request will have no impact on these facilities.
Virginia Department of Transportation:
Design and construction of the proposed connection to state maintained right of way shall
be in accordance with current regulations and standards at time of construction plans
submission. Traffic Impact Analysis, if warranted, based on the net increase of the
redeveloped project, shall be submitted at time of construction plans submission. Tenure
of the existing commercial entrances shall be in accordance with VDOT Access
Management Regulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Chester Plan which suggests the property is appropriate
for community mixed use.
3 09SN0194-MAY27-BOS-RPT
Area Development Trends:
The area is characterized by commercial development along the north and south lines of
Iron Bridge Road at its intersection with Chalkley and South Chalkley Roads. Properties
south of this commercial node have been, or are currently being, developed for multifamily
residential uses.
Zoning History:
On May 24, 1995, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved the rezoning of an 8.6 acre tract located on the south
line of Iron Bridge Road and the east line of South Chalkley Road to Community
Business (C-3) (Case 95 SN0258). The subject property and the adjoining shopping
center to the north were included in this request.
Conditions of Case 95SN0258, in part, limited hours of operation and architectural
treatment.
Hours of Operation:
Currently, conditions require that no use be open to the public between 11:00 p.m. and
6:00 a.m. except sit down restaurants which may be open until 2:00 a.m. (Case
95SN0258: Proffered Condition 3). This condition resulted from negotiations with area
property owners during the zoning process. The applicant has requested that a health
club be permitted to operate from 4:00 a.m. to 12:00 a.m. (midnight) with the provision
of video surveillance in parking areas during these extended hours (10:00 p.m. to 12:00
a.m. and 4:00 a.m. to 6:00 a.m.) (Proffered Condition 1). It should be noted that the
County's ability to enforce the monitoring of surveillance equipment beyond the
installation of security cameras is limited.
Architectural Treatment:
Currently, conditions require that the building be constructed as generally depicted on the
approved elevation attached herein (Case 95SN0258: Proffered Condition 4). This
elevation resulted from negotiations with the property owners during the zoning process
and is specific to a grocery store that previously occupied the property. The applicant has
requested that this condition be modified to permit buildings to be compatible with the
attached proposed elevation (Proffered Condition 1). Staff has reviewed this elevation and
found it to be consistent with architectural requirements of the Ordinance for Emerging
Growth District areas.
CONCLUSION
Conditions relative to hours of operation and architectural treatment were negotiated with area
property owners. After consideration of public input, should the Commission and Board wish to
approve these amendments, acceptance of the proffered conditions would be appropriate.
4 09SN0194-MAY27-BOS-RPT
CASE HISTORY
Staff (5/12/09):
The Planning Commission is scheduled to consider this request on May 19, 2009.
The Board of Supervisors, on Wednesday, May 27, 2009, beginning at 6:30 p.m., will take under
consideration this request.
09 SN0194-MAY27-BOS-RPT
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