11SN0178CASE MANAGER: Jane Peterson
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0178
(Companion Case 11 HP0182)
WBB Development Co, LLC
Bermuda Magisterial District
3 810 West Hundred Road
March 9, 2011 BS
RE VEST: Rezoning from Corporate Office (0-2) to Neighborhood Business (C-2) with
conditional use planned development approval to permit exceptions to Ordinance
requirements.
PROPOSED LAND USE:
Commercial uses, as restricted by Proffered Condition 1, are planned. Exceptions
are requested to building setbacks from Dale Lane. (Textual Statement)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. While the Chester Plan suggests the property is appropriate for office and residential
development of various densities, exclusive of new multi-family and townhouse
uses, the Plan suggests that, under certain circumstances, light commercial uses may
be appropriate.
B. As proffered, the proposed zoning and land uses are representative of and
compatible with existing and anticipated area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER OTHER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
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(STAFF/CPC) The Textual Statement dated December 6, 2010 shall be considered the
Master Plan. (P)
PROFFERED CONDITIONS
(STAFF/CPC) 1. Uses shall be limited to those uses permitted by right or with
restrictions in the Neighborhood Office (0-1) District plus the
following uses:
a. Art schools and galleries
b. Funeral homes or mortuaries
c. Medical and dental laboratories
d. Schools -business, music and dance
e. Bakery goods store
f. Bank and savings and loan associations with or without
drive-in windows
g. Barber or beauty shop
h. Book, stationary, newspaper or magazine store
1. Can y store
j . Florist shop
k. Restaurants (Sit Down)
1. Shoe repair shop
m. Tailoring and dressmaking shops
n. Antique shops, not to include pawnbrokers, indoor and
outdoor flea markets and secondhand and consignment stores
o. Artist material and supply stores
p. Bicycle sales and rentals
q. Catering establishments
r. Clothing stores
s. Curio or gift shops
t. Eyewear sales and services
u. Hobby stores
v. Jewelry stores
w. Musical instrument stores
x. Paint and wallpaper stores
y. Photography studios
z. Schools, public and private
aa. Sewing machine sales, instruction and services
bb. Toy stores (P)
(STAFF/CPC) 2. No use shall be open to the public between 10:00 p.m. and 6:00
a.m. (P)
2 11SN0178-MAR9-BOS-RPT
(STAFF/CPC) 3. No goods may be produced for retail sale on the premises if more
than five (5) persons are engaged in such production. (P)
(STAFF/CPC) 4. With the exception of outside display as defined in Proffered
Condition 5, and outdoor play areas in conjunction with a nursery
school, child care center or public or private school, all uses,
including storage, shall be conducted entirely within an enclosed
building, except for accessory automobile parking, loading and
unloading facilities. (P)
(STAFF/CPC) 5. No outside display of merchandise for sale shall be permitted
unless it is located under a covered porch and does not obstruct
pedestrian ways. (P)
(STAFF/CPC) 6. Any freestanding sign shall be of a monument style; shall have a
design that is compatible to the building which it advertises; and
shall be externally illuminated. (P)
GENERAL INFORMATION
T ,ncati nn
The request property is located in the northeast corner of West Hundred Road and Dale
Lane, and is better known as 3 810 West Hundred Road. Tax ID 791-656-Part of 2043 .
Existin.~g:
0-2 with conditional use planned development
Size:
.5 acre
Existing Land Use:
Office
Adjacent Zoning and Land Use:
North - R-TH with conditional use planned development; Vacant
South - R-7; Office orsingle-family residential
East - 0-2 with conditional use planned development and R-7; Office orsingle-family
residential
West - R-7; Public/semi-public
3 11SN0178-MAR9-BOS-RPT
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Public Water and Wastewater Systems:
The site is currently connected to the public water and wastewater systems. While the
proffered conditions limit the permitted uses on the property, the applicant should be
aware that the County Code would require installation of a monitoring manhole for the
bakery, restaurant, catering and medical/dental uses.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Chester Fire Station, Company Number 1, and Bensley-Bermuda Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This request
will have a minimal impact on Fire and EMS. Fire protection issues will be addressed by
building permit.
County Department of Transportation:
This request will have minimal impact on the transportation network.
Vir ing is Department of Transportation (VDOT~:
VDOT understands that no changes to the parcel access, or other external changes, are being
proposed, and therefore has no comment.
T,ANn TIFF.
Comprehensive Plan:
The subject property is located within the boundaries of the Chester Plan, which suggests
the property is appropriate for a mix of office and residential uses of various densities,
exclusive of new multi-family and townhouse uses. The Plan also allows for some light
commercial uses if a structure is designated as a Chesterfield County historic landmark
and measures are taken to mitigate the impact of commercial development on
surrounding properties. The applicant has filed for this landmark designation which will
be considered by the Preservation Committee and the Planning Commission at their
February 15, 2011, public hearing. (Case 11HP0182)
4 11SN0178-MAR9-BOS-RPT
Area Development Trends:
Area properties are zoned Residential (R-7) and are occupied by single-family dwellings,
office public/semi-public (school) or remain vacant. It is anticipated that
development/redevelopment within this area will consist of office and single-family
residential uses of up to four (4) dwelling units per acre, as recommended by the Plan, with
consideration for light commercial uses within historically-designated structures under
certain circumstances.
Zonin H.~ istory:
On May 23, 2007 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a rezoning to Corporate Office (0-2) and Residential
Townhouse (R-TH) with conditional use planned development approval to permit
building setback exceptions from Dale Lane (Case 07SN0261). The subject of the current
request represents a portion of this 0-2 property.
Development Standards:
The request property lies within the Chester Village Corridor East Area. Development of
the site must conform to the requirements of the Zoning Ordinance for the Chester Village
Corridor East Area, with the exception of building setbacks from Dale Lane to
accommodate the location of an existing rehabilitated structure (Textual Statement). These
standards address access, parking, landscaping, architectural treatment, pedestrian access,
signs, buffers, utilities and screening of dumpsters, loading areas and setbacks.
As previously noted, the Preservation Committee and the Planning Commission will
consider landmark designation for the existing building in conjunction with this rezoning
request. Subsequently, the Board of Supervisors will conduct a public hearing on this
landmark designation. Should this designation be approved, a certificate of appropriateness
must be issued for any construction, alteration or remodeling that would affect the exterior
architectural appearance of this building.
Uses and Hours of Operation:
Proffered Condition 1 limits uses on the property to those permitted in the Neighborhood
Office (0-1) District plus limited Corporate Office (0-2) and Convenience and
Neighborhood Business (C-1 and C-2) Districts. These lighter service-oriented or retail uses
attempt to complement the adaptive reuse of this historic structure while promoting
compatibility with area residential development. Proffered Condition 3 further limits
production activities associated with retail sales. Proffered Conditions 2, 4 and 5 restrict
hours of operation and limit uses that would occur outside of the building if an effort to
mitigate impacts on area residential development.
5 11SN0178-MAR9-BOS-RPT
Sim:
Currently, the Ordinance requires that the sign structure for a freestanding sign be covered
with a material either having a similar color and finish to the building it serves or that is used
elsewhere on the sign, or the structure is disguised as an architectural detail such as a
column or wall. Signs may be internally or externally illuminated. In an effort to maintain
compatibility with the subject historical structure, Proffered Condition 6 addresses
freestanding sign design and illumination.
CONCLUSION
While the Chester Plan suggests the property is appropriate for office and residential
development of various densities, exclusive of new multi-family and townhouse uses, the Plan
suggests that under certain circumstances light commercial uses may be appropriate.
Specifically, the Plan encourages the preservation of historic structures for adaptive reuse with
measures that mitigate the impact of commercial development on the surrounding area. As such,
the applicant is pursuing Chesterfield County historic landmark designation for this structure
(Case 11 HPO 182). Further, proffered conditions are offered with this zoning case to limit uses,
hours of operation and signage so as to achieve compatibility with existing and anticipated area
development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/15/1 l):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval subject to the condition 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, March 9, 2011, beginning at 6:30 p.m., will take
under consideration this request.
6 11SN0178-MAR9-BOS-RPT
Textual Statement
Case 11 SN0178
December 6, 2010
The following exception shall apply to the development:
Corner Side Setback. A fifteen (15) foot exception to the required twenty-five (25) foot
corner side yard setback for buildings along Dale Lane.
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