10SN0237
CASE MANAGER: Darla Orr
January 18, 2011 CPC
February 23, 2011 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
10SN0237
Dr. Michael P. McQuade
Clover Hill Magisterial District
30 Courthouse Road
REQUEST: Conditional use approval to permit a business (dental office) within a dwelling in an
Agricultural (A) District.
PROPOSED LAND USE:
A dental office has been operated within the dwelling on the request property since
1988 with special exception approval, as amended. Continued operation of a dental
office within the dwelling is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The dental office has operated within the dwelling on the property since 1988
without any apparent adverse impact on area properties. As conditioned, the
dental office within the dwelling would be compatible with area residential
development.
B. Through the conditional use approval process and the imposition of the
recommended conditions, the residential character of the area will be maintained
and the use would be compatible with existing and anticipated area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.) CONDITIONS NOTED “STAFF/CPC” WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ »®ª·½»
PROFFERED CONDITIONS
The property owner and applicant in this rezoning 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 and assigns, proffer that the property under consideration will be
developed according to the following proffers, if and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owner and applicant. In the event
this request is denied or approved with conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further force or effect.
(STAFF/CPC) 1. Use. The conditional use shall be limited to the operation of a
dental office within a dwelling. The total area for the dental office
use shall not exceed 4265 square feet of gross floor area. (P)
(STAFF/CPC) 2. Hours of Operation. Except as necessary to treat patients for
emergencies, hours of operation shall be limited to between 9:00
a.m. and 6:00 p.m., Monday through Friday and 8:00 a.m. and 1:00
p.m. on Saturday. There shall be no operation of the business on
Sundays. (P)
(STAFF/CPC) 3. Signage. One (1) sign not exceeding eighteen (18) square feet in
area shall be permitted to identify this use. (P)
(STAFF/CPC) 4. Number of Employees and Patients. No more than seven (7)
employees shall be working on the property at any one time and no
more than six (6) patients shall be permitted on the property at any
one time. (P)
(STAFF/CPC) 5. Exterior Changes. Other than normal maintenance and cosmetic
enhancements, there shall be no exterior additions or alterations to
the existing structure, nor any new construction, to accommodate
this use, except as may be required by law. (BI & P)
(STAFF/CPC) 6. Deliveries. No deliveries shall be permitted on weekends or before
9:00 a.m. and after 6:00 p.m., Monday through Friday. (P)
(STAFF/CPC) 7. Parking. A maximum of thirty-three (33) parking spaces shall be
provided and maintained in accordance with Ordinance
requirements as shown on Exhibit A, Landscape Exhibit, prepared
by Balzer and Associates and dated October 12, 2010, last revised
January 6, 2011. (P)
(STAFF/CPC) 8. Landscaping and Fencing. Within ninety (90) days of the approval
of this request, the applicant shall complete the following:
î ïðÍÒðîíéóÚÛÞîíóÞÑÍóÎÐÌ
a. Remove the gravel and seed to re-stabilize the area east of
the asphalt parking area, as shown on Exhibit A, Landscape
Exhibit, prepared by Balzer and Associates and dated
October 12, 2010, last revised January 6, 2011.
b. Install landscaping to form a continuous evergreen hedge
that grows or is maintained at a three (3) to four (4) foot
height maximum along the entire length of the eastern
boundary of the parking area north of the existing dwelling
and dental office as shown on Exhibit A, Landscape
Exhibit, prepared by Balzer and Associates and dated
October 12, 2010, last revised January 6, 2011. A
landscaping plan depicting the exact location and plant
materials shall be submitted to the Planning Department for
approval prior to installing such landscaping.
c. Install and maintain a six (6) foot solid white vinyl privacy
fence along the entire length of the western boundary of the
parking area as shown on Exhibit A, Landscape Exhibit,
prepared by Balzer and Associates and dated October 12,
2010, last revised January 6, 2011.
The seeding and landscaping required by 8.a. and b. above shall be
installed and maintained in accordance with Ordinance
requirements. (P)
(STAFF/CPC) 9. Monitoring Manhole. A monitoring manhole shall be installed at
the owner’s expense within six (6) month of conditional use
approval. (U)
GENERAL INFORMATION
Location:
The request property is located at the northwest corner of Courthouse and Berrand Roads,
and is better known as 30 Courthouse Road. Tax ID 744-703-9405.
Existing Zoning:
Agricultural (A) with special exception to permit a dental office within a dwelling
Size:
1.4 acres
í ïðÍÒðîíéóÚÛÞîíóÞÑÍóÎÐÌ
Existing Land Use:
Single-family dwelling and dental office
Adjacent Zoning and Land Use:
North, South, East and West – A; Single-family residential on larger parcels or vacant
UTILITIES
Public Water System:
This site is currently connected to the public water.
Public Wastewater System:
The site is currently connected to the public wastewater system. Monitoring manholes are
required by Section 18-111 of the Code of Chesterfield, and are typically included as part
of the utilities installation for development of an industrial or commercial site. County
records indicate that the applicant has been operating a dental office within a dwelling at
this site since 1988. In 1997, the structure was connected to the public sewer as part of
the VDOT Courthouse Road widening project but a monitoring manhole was not
installed. The applicant has proffered to install a monitoring manhole within six (6)
months of conditional use approval. (Proffered Condition 9)
ENVIRONMENTAL
Drainage and Erosion:
This request will have a minimal impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Courthouse Fire Station, Company Number 20, currently provides fire protection and
Emergency Medical Service (EMS). This request will have a minimal impact on Fire and
EMS.
County Department of Transportation:
Since this request will permit the continued operation of the existing dental office that
was previously allowed by special exception, it will have no additional traffic impacts on
the transportation network.
ì ïðÍÒðîíéóÚÛÞîíóÞÑÍóÎÐÌ
It should be noted, however, that the Northern Courthouse Road Community Plan states:
“redevelopment in this area should include closing the Berrand crossover or restricting
turns, or providing a new access to Courthouse Road to align with the Reams Road traffic
signal.” As such, these improvements will be recommended with any future
redevelopment on the property.
Virginia Department of Transportation (VDOT):
VDOT notes that the existing entrance is from Berrand Street. No new entrance shall be
permitted from Courthouse Road. The existing entrance appears to be a commercial
entrance. The existing entrance has tenure of use, but should conform to current VDOT
standards, to be confirmed at time of construction plan submittal.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Northern Courthouse Road
Community Plan which suggests the property is appropriate for office use.
Area Development Trends:
Area properties are zoned agriculturally and are occupied by single-family residential use on
larger parcels or are vacant. It is anticipated that office use will develop in the area, as
suggested by the Plan.
Zoning History:
On June 10, 1970 the Board of Supervisors, with an unfavorable recommendation by the
Planning Commission, denied rezoning (Case 70-23 CS) of the request property from
Agricultural (A) to Local Business (C-1).
On January 4, 1984 the Board of Zoning Appeals approved a special exception (Case
84A006) to permit a dental office incidental to a dwelling on the request property. The
Board’s approval was subject to conditions which: limited approval to the applicant and
required him to reside in the dwelling; granted approval for five (5) years; limited the
number employees to two (2) and patients permitted at any one time to four (4); limited
office hours and deliveries; addressed architectural style and residential character of the
building; restricted access from the property to Courthouse Road; addressed the number
of spaces and surface treatment for parking; and permitted a three (3) square foot sign to
identify the dental office.
On April 6, 1988 the Board of Zoning Appeals approved amendments (Case 88A040) to
special exception Case 84A006 which permitted a dental office incidental to a dwelling
on the request property. The Board’s approval was subject to the same conditions of Case
84A006 (noted above) except that operational hours were extended to include limited
ë ïðÍÒðîíéóÚÛÞîíóÞÑÍóÎÐÌ
Saturday hours and a larger sign (twelve (12) square feet in area) was permitted. This
approval extended the special exception for an additional five (5) years.
On September 2, 1992 the Board of Zoning Appeals approved amendments (Case
92AN0187) to special exception Case 88A040 which permitted a dental office incidental
to a dwelling on the request property. The Board’s approval was subject to the same
conditions of Case 88A040 (noted above) except that the number of permitted employees
was increased to four (4). This approval was not granted with an expiration date but
approval was limited to the applicant exclusively, as with the previous cases.
On September 6, 2000 the Board of Zoning Appeals approved amendments (Case
00AN0270) to special exception Case 92AN0187 which permitted a dental office
incidental to a dwelling on the request property. The Board’s approval was subject to the
same conditions of Case 92AN0187 (noted above) except that: the number of permitted
employees was increased to seven (7); operational hours on weekdays were increased by
one (1) hour in the evenings; operational hours were increased to include hours every
Saturday morning; the number of permitted patients was increased to six (6); and, a larger
sign (eighteen (18) square feet in area) was permitted. This approval was not granted with
an expiration date, but approval was limited to the applicant exclusively, as with the
previous cases.
Current Request:
Special exception approval to permit a dental office incidental to the dwelling on the
request property has existed since 1984. Since this original approval, the Board of Zoning
Appeals has approved several amendments to the special exception that have allowed the
use to expand. Currently, the applicant desires to eliminate Condition 1 of Case
00AN0270 which limits approval to him exclusively. However, since the Ordinance no
longer allows businesses (such as this dental office) incidental to a dwelling with special
exception approval, the applicant’s desire to eliminate this condition cannot be approved
by the Board of Zoning Appeals. Such businesses are currently permitted with
conditional use approval by the Board of Supervisors. Therefore, conditional use
approval is sought to permit the dental office use. The applicant has not proffered a
condition which would limit approval to him exclusively. Therefore, if this request is
approved as proffered, the use permit could be transferred to persons other than the
applicant and/or the approval would run with ownership of the property.
Use:
The dental office use has existed since 1988 and has expanded since its initial approval in
1984. Amendments to the special exception approval in 1988, 1992 and 2000 permitted
increased numbers of employees and patients, hours of operation and signage. The area
of the dwelling occupied by the use has increased significantly from the area (reported by
the applicant when the use began) of thirty-three (33) percent of the total floor area of the
dwelling (approximately 1,620 square feet) to the 4,263 square feet of office
(approximately eighty-seven (87) percent) as shown on the Landscape Exhibit prepared
ê ïðÍÒðîíéóÚÛÞîíóÞÑÍóÎÐÌ
by Balzer and Associates and last revised January 6, 2011. The use is no longer incidental
to the dwelling. If this request is approved, the business, limited to a dental office, would
be permitted “within” the dwelling (Proffered Condition 1). It is important to note that
this condition would not permit expansion of the use beyond its current area. Similarly,
Proffered Condition 5 would prohibit exterior additions, alterations or any new
construction to accommodate the use.
Proffered conditions limit hours of operation, signage, number of permitted employees
and patients, and deliveries in the same manner as the previous special exception
approvals. (Proffered Conditions 2, 3, 4 and 6)
Site Design:
Existing site development and proposed improvements are depicted on the Landscape
Exhibit, prepared by Balzer and Associates and last revised January 6, 2011. (Attachment)
Parking:
A maximum of thirty-three (33) parking spaces may be provided in the area identified as the
existing asphalt parking area on the Landscape Exhibit. (Proffered Condition 7)
Fencing:
In an effort to minimize the impact of the parking area on single-family residential use along
Berrand Road, Proffered Condition 8.c. would require the applicant, within ninety (90) days
of the approval of this request, to install and maintain a six (6) foot tall solid white vinyl
fence along the western boundary of the parking area.
Landscaping:
Within ninety (90) days of the approval of this request, the applicant would be required to
remove a graveled parking area expansion as identified on the Landscape Exhibit
(Attachment) and reseed the area as lawn (Proffered Condition 8.a.). Also, in an effort to
minimize the visibility of the parking area, the applicant would be required to install
landscaping to form a continuous hedge along the eastern boundary of the parking area
(currently visible from Courthouse Road), as shown on the Landscape Exhibit (Proffered
Condition 8.b.). This reseeding and landscaping must be installed and maintained in
accordance with Ordinance requirements.
CONCLUSION
A dental office within the dwelling has existed on the request property since 1988 with special
exception approval. The applicant desires to eliminate the requirement that limits approval to
him exclusively. However, since the Ordinance no longer allows businesses (such as this dental
office) incidental to a dwelling with special exception approval, the applicant is seeking
conditional use approval without a condition that would limit approval to him exclusively.
é ïðÍÒðîíéóÚÛÞîíóÞÑÍóÎÐÌ
Since the use began, it has expanded with respect to numbers of employees and patients, signage
and hours of operation, as well as in the area the use occupies within the structure. Nonetheless,
the dental office has operated within the dwelling since 1988 without any apparent adverse
impact on area properties. As conditioned, the dental office within the dwelling would be
compatible with area residential development. Through the conditional use approval process and
the imposition of the recommended conditions, the residential character of the area will be
maintained and the use would be compatible with existing and anticipated area development.
Given these considerations, approval of this request is recommended.
______________________________________________________________________________
CASE HISTORY
______________________________________________________________________________
Planning Commission Meeting (1/18/11):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gulley, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday, February 23, 2011, beginning at 6:30 p.m., will take
under consideration this request.
è ïðÍÒðîíéóÚÛÞîíóÞÑÍóÎÐÌ
10SN0237-1