03SN0221-July23.pdfJuly 23, 2003 BS
ADDENDUM
REQUEST:
03 SN0221
(Amended)
Jeffrey D. and Julia Bowman
Bermuda Magisterial District
South line of Old Hundred Road
(Amended) Rezoning from Residential (R-7) to Neighborhood Business (C-2) w/th
Conditional Use Planned Development to permit exceptions to Zoning Ordinance
requirements. Specifically, an exception to the required number of parking spaces is
requested.
PROPOSED LAND USE:
Conversion of an existing single family residence for photography studio use is
planned. However, with approval of this request, redevelopment of the property and
other commercial uses, as restricted by Proffered Condition 1, would be permitted.
On July 1, 2003, the applicants submitted a revision to Proffered Condition 4, which required all site
plans to be reviewed and approved by the Planning Commission. The revision would only require
Planning Commission review and approval of any architectural and site plans for the construction of
any additional buildings or on-site vehicular parking areas. The intent is to have administrative
review of any site plans for which the improvements proposed are minor in nature, as to their
modification to the property. Staff continues to recommend approval of this request for the reasons
outlined in the "Request Analysis", and acceptance of the proffered conditions, with Proffered
Condition 4 amended, as discussed herein.
PROFFERED CONDITION
Prior to the construction of any additional buildings or on-site vehicular parking
areas, the architectural and site plans shall be reviewed by the Planning Commission
for approval. (P)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
03 SN0221 -JULY23-ADDENDUM-BOS
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July 23, 2003 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
03SN0221
(Amended)
Jeffrey D. and Julia Bowman
Bermuda Magisterial District
South 'line of OldHUndred Road
REQUEST:
(Amended) Rezoning from Residential (R-7) to Neighborhood BusinesS (C-2) with
Conditional Use Planned Development to permit exceptions to Zoning Ordinance
requirements. Specifically, an exception to the required number of parking spaces is
requested.
PROPOSED LAND USE:
Conversion of an existing single family' residence for photography stUdio use is
planned. However, with approval of this request, redevelopment of the property and
other commercial uses, as restricted by Proffered'Condition 1, would be permitted.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2'AND 3.
STAFF RECOMMENDATION
Recommend approval of the rezoning and approval of the exception_to, the reqUired number of
parking spaces for a photography stUdio use only fOr the following reasons:
The requested zoning and land uses conform to the Chester Village Plan which
suggests the property is appropriate for neighborhood commercial uses.
Bo
This request is representative of, and compatible:-with, existing and anticipated
development along this portion of the Route 10,'Corridor.
Providing a FIRST CHOICE Community Through ExcellenCe in.PUblic Service.
While the Zoning Ordinance sets standards for the provision of sufficient parking for
various uses, the applicants have indicated a photography'studio does not typically
generate a large number'0f site visits. Therefore, a reduction inthe required number
of parking spaces for the photography studio use would~be appropriate.
Development requirements of the Zoning' Ordinance further ensure compatibility-
with existing and anticipated area development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY' PROFFER OTHER CC NDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED-UPON BY BOTH STAFF AND THE
COMMISSION, CONDITIONS WITH'ONLY A "STAFF" ARE RECOMMENDED SOLELYBY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE pLANNING-COMMISSION.)
CONDITION
(STAFF/CPC)
A nine (9) space exception to the fourteen (14)'parking spaces required shall
be granted for a photography Studio use only. ~)
PROFFERED CONDITIONS
(STAFF/CPC)
1. uses shall be limited to the following:
a) Bakery Go°ds Store
b) Barber or Beauty Shop
c) ~ Book, Stationery, Newspaper-or Magazine Store
d) Brokerage
e) Camera Store
f) Candy Store
g) Dry Cleaning, pick,up and. drOP'off; pressing-; laundry, and
Laundromat; not to include.~drY dleaning plants
h) Florist Shop
i) Nursery Schools and Child or Adult' Day Care 'Centers and
Kindergartens'
j) Offices
k) Shoe Repair Shop
1) Tailor and Dressmaking Shops
m) .Antique Shops, not to ~include; pawnbrokers, indoor: and
outdoor flea markets and secondhand consignment stores
n) Art Schools, Galleries or Museums.
o) 'Artist Material and Supply Stores
p) Catering Establishments
q) Churches and/or Sunday Schools
r) - Clothing Stores
s) Curio or Gift 8hops
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03SN0221-JULY23-BOS
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cc)
dd)
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Eyewear Sales and Services
Hobby Stores
Jewelry Stores
Libraries
Locksmith Operations
Medical Facilities or Clinics '
MUsical Instmment Stores
Office Supply Stores
Photography Studios
Restaurants, toinclude carry-out;' but not fastfoodrestaurants
Schools- music, dance and business
Sewing Machine sales, instruction and services
SPorting Goods sales ' .
Toy Stores (P)
(STAFF/CPC)
No direct vehicular access shall be provided from the Property to:
Harrowgate Road or Old Hundred'Road; (T)
(STAFF/CPC)
Unless removal is necessitated by.a public project, the two existing
large maples trees along Old Hundred Koad ;and the.-one large black
oaktree along Harrowgate Road shallbe:preserved. Nothing herein~
shall limit the removal of diseased,-dying or' dead trees. (P) ~
(STAFF/CPC)
The site plans shall be reviewed and approved by the Planning.
Commission. (P)
GENERAL INFORMATION
Location:
South line of Old Hundred Road, east line of Harrowgate Road and west line of Percival.
Street and better known as 4227 Old.Hundred Road. Tax IDs 789,654-1548 and 2755
(Sheet 26).
Existing. Zoning:
R:7
Size:
1.3 acres
Existing Land Use:
Single family residential or vacant
3 03SN0221-JULY23~BOS
Adjacent Zoning and Land Use:
North and West - C-3; CommerCial
South - R-7; Single family residential or church
East - A; Office
UTILITIES
Public
Public
Water System: '
There is an existing eight (8) inchwater line extending along the~north side of WestHundred
.Road, adjacent to the request site. Use of the public water-syStem is required bY County
Code. The existing structure is connected to :the public water sYStem: -
Wastewater System:
There is an existing eight (8)ineh;wastewater collector line extending along West Hundred
Road, adjacent to the reqUest Sire. Use of the publicWaStewater system is required by
C°unty COde. The exiSting structure is connected to th~ Pubiie'Wasiewater system.
,ENVIRONMENTAL
Drainage and'Erosion:
The area is relatively flat ' and drains north via storm sewers and tributaries to AshtOn Creek.
There are no existing or anticipated on- or off-site drainage orerosion.problems.
PUBLIC FACILITIES
Fire Service: ' -
The ·Chester Fire' StatiOn, COmpany Number 1,~and Ben;sleY'Bermuda Volunteer ReSCUe·
Squad currently provide fire.pr°tection and emergency medical;se~ice; This reqUest:Will
have minimal impact on fire andEMS service. ·
Transportation: : .
The property (1.3 acres) is currently zoned' Residential(R-7)i iThe~.applicant is requesting'
rezoning that will all°wcertain N~ighborhood Business:(C-2) UseS:to be developed On.the :,
property. This request' Will notlimit development'to asp%ific.:iand Use; therei~ore,.ilit is
difficult t°. anticiPate traffi~generation. Bas~d On ShoPP~g~eenter trip.rates, 'development ::
Could:generate' approximately 1~900 vehicles_per da3. ~ ~/p~iie~t intends to dev-eli)P a'
.photograPhy studio. Traffic generation' information iS'~?°t::~3ailabl6 foi' that. land :~se~-:
vehicles generated by. develol~nent of the pr°l~ertY'wi11 be dl~bUted;'-Via Percival Street
and Old Hundred Road, .to Harrowgate Road, whiCh'had a 2003iitraffie countof 12;850 ..
vehicles per day.
4 :i 03SN0221-IULY23'Bos
Sections of Harrowgate Road have twenty (20) foot wide pavement with two (2) foot wide
shoulders. Based on the current volume of traffic duringpeak hours, Harrowgate Road is at
capacity (Level of Service E). The standard tYPical section forHarrowgate Road should be
twenty-four (24) foot wide pavement, with minimum eight (8) foOt wide shoulders. No:road
improvement projects in this area are included in the` VDOT Six,Year Improvement
Program.
The Thoroughfare Plan identifies Harrowgate Road as a major arterial with a recommended
right of way width of 120 to 200 feet. Sixty (60) feet ofright of way measured from the
centerline of Harrowgate Road should be dediCatedin accordance with that Plan. A large
black oak tree is located on the property, approXimately forty (40) feet from the centerline of
HarroWgate Road. The applicant's representative has indiCatedan unwillingness to dedicate
'any right of way along Harrowgate Road in order to provide some protection for that specific
tree.
Access to major arterials, such-as Harrowgate Road, should be controlled. In addition,
because of the proximity of the Harrowgate Road/Old :Hundred ROad intersection to the
Percival Road/Old Hundred Road intersection; direct access should not be provided from the
property to Old Hundred Road. The applicant has proffered that no direct access will be
provided from the property to-Harrowgate Road or Old Hundred Road. (Proffered Condition
2)
At time of site plan review, specific recommendations will be provided regarding internal
circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Chester village Plan which suggests the property is
appropriate for neighborhood commercial uses.
Area Development Trends:
Properties to the north and west are zoned and developed for commercial uses. Area
properties to the south are cUrrently zoned for single family residential.use and have been
developed for such uses and for church use. Property to the east is ZOned .Agricultural : (A)
and is currently developed as an office building. The Chester Village Plan suggests
continued commercial uses are appropriate'along this portion of the Route 10 Corridor.
Development Standards:
Currently, 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 ofthevillages by continuing and
5 03SN0221-JULY23-BOS
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.
Parking:
While the Zoning Ordinance sets standards for the provision of-sufficient parking, the
applicants have requested an exception to the required number of parking spaces. They have
indicated their photography studio does not generate a substantial amount of traffic, and, as a
result, the required number of parking spaces would not be necessary. Stafffeels a reduction
for the photography studio use woUld be appropriate, however, any other permitted use on
the property shoUld provide the required number of spaces. (Condition)
Tree Preservation:
Several area property owners have expressed concern about the posSibility of three (3)
prominent trees on the property being removed when the site is developed. In an attempt to
address this concern, the applicants have agreed that, provided the trees are not diseased,
dying or dead, they will be preserved, unless removal is necessitated, by a public project.
(Proffered Condition 3)
Site Plans:
To address concerns expressed by areaproperty owners-that they have the ability to review
the site plans through a public process, the applicants have proffered to have the site plans
reviewed by the Planning Commission (Proffered Condition 4). It shoUld be noted that the
criteria under which.a site plan ~is considered is conSistent for both administrative and
Commission reviews and only allows actions which are intended to ensure compliance with
the Ordinance and conditions of zoning.
CONCLUSIONS
This request lies within the boundaries of the Chester Village Plan, which suggests the property is
appropriate for neighborhood commercial uses. The request is.also repreSentative of, and compatible
with, existing and anticipated development dong this portion of the Route 1.0 Corridor. In addition,
development requirements of the Zoning Ordinance .further: ensure compatibility with existing.and
anticipated area development.
While the Zoning Ordinance sets standards for the provision of:sufficient parking for various uses,
the applicants have indicated a photography studio does not typiCally, generate a large number.of site -
visits. Therefore, a reduction in the required number of parking spaces for the photography studio
use woUld be appropriate.
Given these considerations, approval of the rezoning and exceptiOn to the required number of
parking spaces for a photography studio use only is recommended
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03SN0221 -JULY23 -BOS
CASE HISTORY
Planning Commission Meeting (4/15/03):
On their own motion, the Commission deferred this caseto May 20, 2003.
Staff (4/16/03):
The applicants were advised in writing that any significant new or revised information Should
be submitted no later than April 21, 2003, for consideration at the Commission's May 20,.
2003, public hearing.
Staff, Applicants, Area Citizens and District Commissioner (4/22/03).:
A meeting was held to discuss, the applicants request. Concems.were expressedrelative to
uses, architecture, preservation of certain trees and site plan approval.
Applicants (4/28/03):
The application was amended and a written request for a deferral was submitted.
Planning Commission Meeting (5/20/03):
At the request of the applicants, the Commission deferred this case'to June 18, 2003.
Staff(5~21~03):
The applicants were advised in writing that any significant new or revised information should
be submitted no later than May 27, 2003, for conSideration at the Commission"s June 17,
2003,. public hearing.
Also, the .applicants were advised that a $240.00 deferral fee must be paid prior to the
Commission's June public hearing.
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Planning Commission Meeting (6/17/03):
The applicants accepted the recommendation. There was no opposition present.
On motion of Mr. Cunningham, seconded by Mr. Stack, the Commission recommended
approval:subject to the Condition and acceptance ofthe proffered conditions on pages 2 and
3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, July 23, 2003, beginning at 7:00 p.m., will take under
consideration this request.
8 03SN0221-JULY23-BOS
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