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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
lOSN0108
Sibley's Bar B Q LLC
Bermuda Magisterial District
West line of Winfree Street
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October 28, 2009 BS
REQUEST: Rezoning from Residential (R-7) to Neighborhood Business (C-2).
PROPOSED LAND USE:
Commercial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reason:
While the Chester Plan suggests the property is appropriate for residential use of 2.5
dwellings per acre or less, the Plan also suggests that non-residential uses may be
appropriate when land use transition is achieved between area commercial and residential
developments. The location of the property among adjoining commercial and multi-
family uses that are physically separated from neighboring residential development by
right-of--way and public/semi-public use successfully achieves this land use transition.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) 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.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
(STAFF/CPC) A minimum fifteen (15) foot buffer shall be provided and maintained
adjacent to property identified as Tax ID 790-655-4604. This buffer shall
conform to the requirements of the Zoning Ordinance for buffers less than
fifty (50) feet. The requirements for this buffer shall be eliminated at such
time as property identified as Tax ID 790-655-4604 is zoned for non-
residential use. (P)
GENERAL INFORMATION
Location:
West line of Winfree Street, south of West Hundred Road. Tax ID 790-655-3715.
Existing Zonin
R-7
Size:
1.0 acre
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-3; Commercial
South - R-7; Multifamily residential
East - C-2; Commercial
West - R-7 and C-3; Single-family residential, commercial and CSX Railroad right-of-
way
UTILITIES
Public Water System:
The request site is located within the Chester Water Pressure Zone. An eight (8) inch water
line extends along the western side of Winfree Street, adjacent to this site. Connection to
the public water system is required.
2 10SN0108-OCT28-BOS-RPT
Public Wastewater System:
The site is located within the Ashton Creek Sewer Service area. There is an eight (8)
inch wastewater collector line extending along Winfree Street, adjacent to this site. Use
of the public wastewater system is required.
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the southwest, and then from the railroad right-of--way to
tributaries and ultimately to the Appomattox River. There are no existing or anticipated
on- or off-site drainage or erosion problems.
PUBLIC FACILITIES
Fire Service:
The Chester Fire Station, Company Number 1, currently provides fire protection and
emergency medical service (EMS). 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.
County Department of Transportation:
The property is one (1) acre on Winfree Street just south of West Hundred Road. The
applicant is requesting rezoning of the property from Residential (R-7) to Neighborhood
Business (C-2) and intends to develop a restaurant. Based on trip rates for ahigh-
turnover restaurant, development of the property could generate approximately 800
average daily trips. The majority of this traffic would be distributed to West Hundred
Road (Route 10), which had a 2006 traffic count of 32,046 vehicles per day and was
functioning at a Level of Service C.
Goal 3 of the Chester Plan is to "create a network of safe and pleasant biking and walking
routes throughout the community." During site plan review, Staff will recommend that
sidewalk be provided along Winfree Street.
Vir ing is Department of Transportation:
The Virginia Department of Transportation has reviewed the above referenced case. The
request is for rezoning of one (1) acre fronting 150 feet on the west line of Winfree
Street, eighty (80) feet south of West Hundred Road, from Residential R-7 to
Neighborhood Business (C-2), within the Bermuda Magisterial District.
The design and construction of any proposed connection to a state maintained right-of-
way shall be in accordance with current Virginia regulations and standards including, but
3 10SN0108-OCT28-BOS-RPT
not limited to, Access Management regulations and requirements, at the time of
construction plans submission.
Traffic Impact Analysis, based on the net increase of the proposed traffic resulting from
the rezoning and land use proposed shall be submitted, if warranted.
The issuance of a VDOT Land Use Permit is required prior to any construction activity
within the right-of--way limits of Winfree Street.
The Virginia Department of Transportation (VDOT) requires that a commercial entrance
be provided onto Winfree Street. This entrance shall be paved to the right-of--way line
with a sufficient thickness to support the vehicular traffic using this access.
Adequate intersection sight distance(s) must be obtained at the proposed access(es) onto
VDOT maintained roads and shall be shown on the plans. Any necessary sight distance
easements shall be recorded and shown on the plans.
T ANTI T TCF
Comprehensive Plan:
Lies within the boundaries of the Chester Plan which suggests the property is appropriate
for residential use of 2.5 dwellings per acre or less. The Plan also suggests that when
located directly adjacent to areas of non-residential development, properties with
residential designations may be appropriate for non-residential uses under certain
circumstances. Specifically, these uses should maintain appropriate transitions between
the adjacent commercial development along the Route 10 Corridor and area residential
uses.
The subject property is bound by commercial zoning and land uses to the north and east
across Winfree Street; by the CSX Railroad to the west; and multi-family use to the
south. Dodomeade Street located south of the property provides a logical break between
non- residential development to the north and neighboring residential development. A
public/semi-public use (church) located at the southwest quadrant of the intersection of
Winfree and Dodomeade Streets further promotes this land use transition.
Area Development Trends:
Adjacent property to the north is zoned and developed for commercial uses. Property to the
south, to Dodomeade Street, is zoned Residential (R-7) and is occupied by amulti-family
residential structure. Property to the east, across Winfree Street, is zoned and developed for
commercial uses southeast to Dodomeade Street. Property to the west is occupied by CSX
Railroad right-of--way and, west of the railway, commercial uses along Route 10 and a
single-family residence just south of Route 10.
4 10SN0108-OCT28-BOS-RPT
Development Standards:
The request property currently lies within the Chester Village Fringe East area of the
Chester Village District. The purpose of the Village District Standards is to recognize
unique villages within the county and to maintain and reinforce the character, identity and
pedestrian scale by continuing and enhancing existing patterns of development.
Development of the site must conform to the requirements of the Zoning Ordinance, which
address street lights, street tree planting, access, parking landscaping, architectural
treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas.
CONCLUSION
While the Chester Plan suggests the property is appropriate for residential use of 2.5 dwellings
per acre or less, the Plan also suggests that non-residential uses may be appropriate when land
use transition is achieved between area commercial and residential developments. The location
of the property among adjoining commercial and multi-family uses that are physically separated
from neighboring residential development by right-of--way and public/semi-public use
successfully achieves this land use transition.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (9/15/09):
The applicant submitted the Proffered Condition.
Planning Commission Meeting (9/15/09):
The applicant accepted the recommendation. There was opposition present expressing
concerns relative to location within a historic area; increased traffic; and commercial
encroachment into a residential development.
Mr. Hassen noted that the restaurant presently operated on the adjacent parcel to the
north; that relocation of the business south on Winfree would improve vehicular access to
the traffic signal at Winfree Street and West Hundred Road; that commercial zoning
currently exists to the east; and that the proffered buffer would provide transition to the
south.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the Proffered Condition on page 2.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
5 10SN0108-OCT28-BOS-RPT
The Board of Supervisors, on Wednesday, October 28, 2009 beginning at 6:30 p.m., will take
under consideration this request.
10SN0108-OCT28-BOS-RPT
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