11SN0181CASE MANAGER: Robert Clay
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11SN0181
James V. Daniels
Bermuda Magisterial District
4211 Old Hundred Road
March 9, 2011 BS
REQUEST: Rezoning from Agricultural (A) to Community Business (C-3).
PROPOSED LAND USE:
Commercial uses, except as restricted by the proffered condition, are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. While the Chester Plan suggests the property is appropriate for neighborhood
mixed use, the proposed uses are representative of and compatible with existing
and anticipated area development.
B. Limited commercial use of the property serves as an appropriate transition from
the more intense commercial uses located along the West Hundred Road corridor
and the single-family residential uses located south of the corridor.
C. The development requirements of the Zoning Ordinance further ensure land use
compatibility with area development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITION
NOTED "STAFF/CPC" WAS AGREED UPON BY BOTH STAFF AND THE
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
(STAFF/CPC) Thf
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
following uses shall not be permitted:
Cocktail lounges and nightclubs.
Feed, seed and ice sales.
Green ouses or nurseries.
Home centers.
Hospitals.
Hotels.
Indoor flea markets.
Liquor stores.
Motor vehicle washes.
Repair services, excluding motor vehicle repair.
Restaurants, carry-out.
Taxidermies.
Theaters, except drive-in theaters.
Veterinary hospitals and/or commercial kennels.
Material reclamation receiving centers.
Motor vehicle sales and rental, excluding commercial vehicles
such as buses, tractor-trailer trucks, dump trucks, stake bed trucks,
vans where the cargo area cannot be accessed from the driver's seat
without exiting the vehicle and/or cab and chassis vehicles;
construction equipment and motor vehicle consignment lots, and as
accessory to sales and rental, service and repair, to exclude body
repair.
Warehouses for permitted uses.
Outside storage, as accessory to a permitted use, including, but not
limited to: retail building materials; construction
2 11SN0181-MAR9-BOS-RPT
equipment/materials; outside runs for commercial kennels or
veterinary hospitals; feed/seed items; garden centers, greenhouses,
hot houses; miscellaneous materials for retail/wholesale sales.
19. Continuous outside display of merchandise for sale, as accessory to
a permute use.
20. Residential multifamily and townhouses.
21. Prepared food and fruit and vegetable vendors.
22. Communication towers.
23. Park and ride lots. (P)
GENERAL INFORMATION
Location:
The request property is located in the southeast corner of Old Hundred Road and Percival
Street, also fronting on the west line of Richmond Street and better known as 4211 Old
Hundred Road. Tax ID 789-654-4761.
Existin.~g:
A with Conditional Use
Size:
1.5 acres
Existing Land Use:
Office and commercial
Adjacent Zoning and Land Use:
North - C-3; Commercial and office
South - R-7; Single-family residential or vacant
East - C-5; Commercial
West - C-2 and R-7; Commercial
3 11SN0181-MAR9-BOS-RPT
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The site is currently connected to the public water and wastewater systems. This request will not
impact the public utilities systems.
ENVIRONMENTAL
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.
County Department of Transportation:
This request will not limit development to a specific land use; therefore it is difficult to
anticipate traffic generation. Currently, the property is developed as an office with access
to Old Hundred Road and Percival Street. Based on the current office use, the property
likely generates approximately 200 average daily trips. Based on shopping center trip
rates, development could generate approximately 2,000 average daily trips. The traffic
generated by this request will be distributed to Harrowgate Road and Route 10, which
had 2009 traffic counts of 12,171 and 37,841 vehicles per day, respectively.
Vir ing is Department of Transportation (VDOT~:
VDOT understands that the exiting commercial entrances to the site will be used
unmodified. If the VDOT understanding is correct, VDOT has no further 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 neighborhood mixed use.
Area Development Trends:
The area is characterized by a mixture of commercial and office uses to the north, east and
west, as you move towards Old Hundred and West Hundred Roads. Single-family
residential uses are located south of the site, along Richmond and Percival Streets. These
types of uses are expected to continue as suggested by the Plan. This land use designation
typically supports use of C-2 zoning.
4 11SN0181-MAR9-BOS-RPT
Zonin Hg istory:
On February 22, 1978 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved a conditional use request to permit professional
office use on the subj ect property. (Case 78 SN0007)
On June 25, 1980 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to conditional use (Case 78SN0007) to
permit the manufacturing of optical goods (Case 80SN0065) on the property. This use
was in addition to other uses already permitted on the property.
On August 27, 1980 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved an amendment to conditional use (Case 78SN0007)
to permit a health club (conditioning center) and a freestanding sign on the property
(Case 80SN0096). This use was in addition to other uses already permitted on the
property.
Development Standards:
The request property lies within the Chester Village Core. 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 of the villages by continuing and
enhancing existing patterns of development. Redevelopment of this site or new construction
must conform to the requirements of the Zoning Ordinance, which address street lights,
street tree plantings, 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 neighborhood mixed use, the
proposed uses are representative of and compatible with existing and anticipated area
development. Limited commercial use of the property serves as an appropriate transition from
the more intense commercial uses located along the West Hundred Road corridor and the single-
family residential uses located south of the corridor. In addition, the development requirements
of the Zoning Ordinance further ensure land use compatibility with area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (2/ 10/ 11)
The applicant amended the previously-submitted proffered condition to eliminate two (2)
additional uses (communication towers and park and ride lots).
5 11SN0181-MAR9-BOS-RPT
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 and acceptance of the proffered condition 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 11SN0181-MAR9-BOS-RPT
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