11SN0247CASE MANAGER: Jane Peterson
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September 21, 2011 BS
ADDENDUM
11 SN0247
The Phoenix LLP
Bermuda Magisterial District
South line of West Hundred Road
REQUEST: Amendment of conditional use (Case 08SN0197) relative to uses in a General
Industrial (I-2) District.
PROPOSED LAND USE:
Commercial uses are planned. Case 08SN0197 currently permits limited commercial
uses. With approval of this request additional commercial uses would be permitted.
(Proffered Condition)
Within the "Request Analysis," the additional uses requested with this amendment were to be
underlined as referenced in "Staff Note A" following the Proffered Condition. This underlining
was inadvertently omitted. The Proffered Condition contained herein reflects, with underlining, the
six (6) uses which are the subject of this amendment (items m through r).
PROFFERED CONDITION
(CPC) Uses shall be limited to those permitted by right or with restrictions in the General
Industrial (I-2) District plus the following uses:
(a) Schools -commercial, trade, vocational and training
(b) Recreational establishments, commercial-indoor
(c) Repair shops
(d) Feed, seed, and ice sales
(e) Motor vehicle sales, service, repair and rental, excluding motor vehicle
consignment lots, provided that:
(i) such use shall be limited to motorcycles
Providing a FIRST CHOICE community through excellence in public service
(ii) all service, repair and storage of such vehicles, to include those
awaiting repair, shall occur inside the building(s). Any outside
display of such vehicles for sale or rent shall not be continuous; shall
be located under a covered walkway; and shall not obstruct
pedestrian access.
(f) Appliance stores
(g) Bicycle sales and rentals
(h) Motor vehicle accessory stores
(i) Paint and wallpaper stores
(j) Rental of health and party equipment and small home hardware
(k) Schools -music, dance and business.
(1) Sporting goods sales
(m~r~goods sales
(n) Book, stationary, newspaper or magazine store
(o) Restaurants, to include carry-out, but not fast food
(nl Medical and dental laboratories
Medical facilities or clinics
(r) Photograph. sy tudio (P)
(Staff Notes: A. Uses underlined represent uses not included with Case 08SN0197.
B. With approval of this request, this Proffered Condition supersedes
Proffered Condition 1 of Case 08SN0197.)
2 11 SN0247-SEP2I-BOS-ADD
CASE MANAGER: Jane Peterson
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0247
The Phoenix LLP
Bermuda Magisterial District
South line of West Hundred Road
September 21, 2011 BS
RE VEST: Amendment of conditional use (Case 08SN0197) relative to uses in a General
Industrial (I-2) District.
PROPOSED LAND USE:
Commercial uses are planned. Case 08SN0197 currently permits limited commercial
uses. With approval of this request additional commercial uses would be permitted.
(Proffered Condition)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land uses do not conform to the Consolidated Eastern Area Plan,
which suggests the property is appropriate for light to moderate industrial uses.
B. Whereas the proposed uses are consistent with the use exceptions previously
approved in 2008, these uses are not representative of, nor compatible with
existing and anticipated area industrial development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY
PROFFER CONDITIONS. THE CONDITION NOTED WITH ONLY "CPC" IS A
CONDITION RECOMMENDED BY THE PLANNING COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
(CPC) Uses shall be limited to those permitted by right or with restrictions in the General
Industrial (I-2) District plus the following uses:
(a) Schools -commercial, trade, vocational and training
(b) Recreational establishments, commercial-indoor
(c) Repair shops
(d) Feed, seed, and ice sales
(e) Motor vehicle sales, service, repair and rental, excluding motor vehicle
consignment lots, provided that:
(i) such use shall be limited to motorcycles
(11) all service, repair and storage of such vehicles, to include those
awaiting repair, shall occur inside the building(s). Any outside
display of such vehicles for sale or rent shall not be continuous; shall
be located under a covered walkway; and shall not obstruct
pe estrlan access.
(~ Appliance stores
(g) Bicycle sales and rentals
(h) Motor vehicle accessory stores
(i) Paint and wallpaper stores
(j) Rental of health and party equipment and small home hardware
(k) Schools -music, dance and business.
(1) Sporting goods sales
(m) Bakery goods sales
(n) Book, stationary, newspaper or magazine store
(o) Restaurants, to include carry-out, but not fast food
(p) Medical and dental laboratories
2 11SN0247-SEP2I-BOS -RPT
(q) Medical facilities or clinics
(r) Photography studio (P)
(Staff Notes: A. Uses underlined represent uses not included with Case 08SN0197.
B. With approval of this request, this Proffered Condition supersedes
Proffered Condition 1 of Case 08SN0197.)
GENERAL INFORMATION
Location:
The request property is located on the south line of West Hundred Road, west of Rivers
Bend Road. Tax ID 810-652-2734.
Existing Zoning:
I-2
Size:
9.8 acres
Existin Land Use:
Commercial or vacant
Adjacent Zoning and Land Use:
North - MH-1 and I- l ;Manufactured home park or vacant
South and West - I-2; Vacant
East - A; Vacant
Public Water and Wastewater S,, std:
The site is currently connected to both the public water and wastewater systems. This
request will not impact the public water system.
ENVIRONMENTAL ENGINEERING AND PUBLIC FACILITIES
This request will have minimal impact on these facilities.
3 11SN0247-SEP2I-BOS -RPT
Virginia Department of Transportation (VDOT):
VDOT has no comment given the use of existing commercial entrances from West Hundred
Road.
T,ANn T1~F,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Consolidated Eastern Area
Plan, which suggests the property is appropriate for light to moderate industrial uses. One
(1) of the goals of the Plan is to optimize economic development opportunities along the
I-95 Corridor. Specifically, vacant land as well as improved properties located within
areas designated on the Plan for industrial use should be reserved for industrial and other
employment-generating uses. Along Route 10, the Plan provides for commercial nodes at
the interchanges with I-95 and I-295 and limited retail opportunities to the north and east
of the subject property as part of the Neighborhood Mixed Use areas. Piecemeal, strip
commercial development that serves smaller markets should be discouraged.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September,2011) designates the subject
property "Community Corridor." This proposed land use designation encourages vertically
and horizontally integrated mix of residential, office, public, open space and commercial uses
(specifically providing for C-3 uses). It should be noted that the revised draft plan is pending
review by the Planning Commission, has not been approved, and does not provide land use
guidance for the subject property at this time. As of the date of this report, the Commission
has not forwarded a recommendation regarding the revised draft plan to the Board of
Supervisors. Additionally, the Board has not reviewed the revised draft plan, nor has the
Board taken any action on the revised draft plan to date. The recommendations of the revised
draft plan are provided for reference purposes only.
Area Development Trends:
Area properties are zoned Light Industrial (I-1), General Industrial (I-2) and Agricultural (A)
and are currently vacant, or are developed as part of the Harbour East Village manufactured
home park. It is anticipated that properties within proximity to the I-95 Corridor will
develop for industrial uses, consistent with the recommendations ofthe Plan.
Zonin H.~X:
On October 10,1973 the Board of Supervisors approved the rezoning of a 158- acre tract
to General Industrial (M-2) subject to the provision of a buffer along West Hundred and
Old Bermuda Hundred Roads. (Case 73 SNO l 21)
4 11SN0247-SEP2I-BOS -RPT
On August 25, 1993 the Board of Supervisors, upon a favorable recommendation by the
Commission, approved an amendment to Case 73 SNO l 21 relative to buffers and
Conditional Use to permit truck/tractor/trailer, heavy equipment and parts sales, service
and repair on a sixty-one (61) acre portion of this site (93SN0258). The subject property
was included in this request.
On May 28, 2008 the Board of Supervisors, upon a favorable recommendation by the
Commission, approved a Conditional Use to permit limited commercial uses within this
park. (Case 08SN0197)
Uses:
Proffered Condition 1 of Case 08SN0197 allows uses permitted by right or with restrictions
in the General Industrial (I-2) District plus limited commercial uses that are first permitted
by right in the Neighborhood Business (C-2) or Community Business (C-3) Districts. The
applicant is requesting an amendment to permit seven (7) additional uses. These proposed
additional uses are first permitted by right in the Corporate Office (0-2), Convenience
Business (C-1) or Neighborhood Business (C-2) Districts. With the exception of medical
laboratories, clinics, and business schools, this list represents an expansion ofretail-oriented
uses permitted by the 2008 case that serve neighborhood orcommunity-wide trade areas.
CONCLUSION
The proposed land uses do not conform to the Plan which suggests the property is appropriate for
light to moderate industrial use. While staff recognizes that limited commercial uses are
currently permitted by conditional use, expansion of those uses provides greater opportunity for
conversion of this industrial center into a strip commercial facility, contrary to the
recommendations ofthe Plan.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (8/16/11):
The applicant amended the Proffered Condition, deleting item (s), being a duplicate of
item ( ).
Planning Commission Meeting (8/16/11):
The applicant accepted the Planning Commission's recommendation. There was no
opposition present.
5 11SN0247-SEP2I-BOS -RPT
Mr. Hassen noted the proposed uses were consistent with the development pattern along
this section of the Route 10 corridor.
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, September 21, 2011 beginning at 6:30 p.m., will take
under consideration this request.
6 11SN0247-SEP2I-BOS -RPT
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