05SN0275-July27.pdfJuly 27, 2005 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0275
Thomas Rohlk
and
Leanne Rohlk
Bermuda Magisterial District
North line of West Hundred Road
REQUEST: Rezoning from Neighborhood Business (C-2) to Community Business (C-3).
PROPOSED LAND USE:
A veterinary hospital without outside runs is planned. With approval of this request,
uses would be limited to those permitted by right or with restrictions in the
Neighborhood Business (C-2) District plus a veterinary hospital without outside
rtlI1S.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The proposed zoning and land uses conform to the Chester Village Plan which
suggests the property is appropriate for neighborhood commercial uses. Under
special circumstances, the Plan supports commercial kennel uses, permitting the
overnight boarding of animals. As proffered, the proposed veterinary hospital use
would be less intense than that of a commercial kennel which, in addition to the
overnight boarding of animals, would permit the use of outside runs.
Providing a FIRST CHOICE community through excellence in public service
Bo
The proposed zoning and land uses are representative of and compatible 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 CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANN1NG COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
Direct access from the property to Route 10 shall be limited to one
(1) entrance/exit. The exact location of this access shall be approved
by the Transportation Department. (T)
(STAFF/CPC)
2. Uses permitted on the property shall be limited to the following:
Uses permitted by right or with restrictions in the
Neighborhood Business (C-2) District.
b. Veterinary hospital, provided there are no outside runs. (P)
GENERAL INFORMATION
Location:
North line of West Hundred Road, west of Ecoff Avenue. Tax ID 787-653-5686 (Sheet
26).
Existing Zoning:
C-2
Size:
0.8 acre
Existing Land Use:
Shopping center (Chester Square - under construction)
Adjacent Zoning and Land Use:
North - C-2; Vacant
South - R-7 and 0-2; Single family residential or vacant
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05SN0275-JULY27-BOS
East - C-2; Commercial
West - C-2; Single family residential
UTILITIES
Public Water System:
A sixteen (16) inch water line extends along the north side of West Hundred Road, adjacent
to this site. Use of public water is required by County Code.
Public Wastewater System'
There is an eight (8) inch wastewater collector line extending along a portion of West
Hundred Road that terminates adjacent to this site. Use of the public wastewater system is
required by County Code.
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. This request will
have minimal impact fire and EMS.
Transportation:
The applicant is requesting rezoning from Neighborhood Business (C-2) to Community
Business (C-3) on 0.8 acre, and has proffered a condition that development will be
limited to all C-2 uses and veterinary hospital use (Proffered Condition 2). This request
will have a minimal impact on the anticipated traffic generated by development of the
property.
The Thoroughfare Plan identifies West Hundred Road (Route 10) as a major arterial.
Access to major arterials, such as Route 10, should be controlled. The applicant has
proffered that direct access from the property to Route 10 will be limited to one (1)
entrance/exit (Proffered Condition 1). This access is currently under construction and will
be shared with the adjacent property to the north.
05SN0275-JULY27-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Chester Village Plan, which suggests the property is
appropriate for neighborhood commercial uses that provide transitions to residential or
higher intensity uses. Further, under special circumstances, commercial kennel uses,
which accommodate the overnight boarding of animals and are first permitted in the
Community Business (C-3) District, would be appropriate.
The Chester Village Plan amendment is scheduled for the Board of Supervisors'
consideration at their July 27, 2005, public hearing. The amendment to the Plan, as
recommended by the Planning Commission, suggests that neighborhood mixed uses to
include neighborhood-scale retail and services uses would be appropriate.
Area Development Trends:
Adjacent properties to the north were simultaneously zoned with the subject property and
are anticipated to develop as part of a shopping center project known as Chester Square.
Property to the east is occupied by a bank. Properties to the west and south are zoned
Neighborhood Business (C-2), Corporate Office (0-2) and Residential (R-7) and occupied
by single family dwellings or are currently vacant. It is anticipated that
development/redevelopment within this portion of the Chester Village will be in the form of
retail development with design controls that provide transition to residential uses, as
suggested by the Plan.
Zoning History_:
On March 25, 1992, the Board of Supervisors, upon a favorable recommendation of the
Commission, approved the rezoning of a 2.73 acre parcel from Residential (R-7) to
Neighborhood Business (C-2) and denial of a Conditional Use to permit a fast food
restaurant within this same C-2 area (Case 91SN0247). The subject property was included
as part of this request.
Development Standards:
The request property lies within the Chester Village Core District. Development of the site
must conform to the Chester Village Core District requirements which address access,
parking, landscaping, architectural treatment, setbacks, lighting, pedestrian access, signs,
buffers, utilities and screening of dumpsters and loading areas. As previously noted, this site
is currently under development as part of the Chester Square project.
Uses:
Currently, the Zoning Ordinance permits veterinary clinics within the Neighborhood
Business (C-2) District. Veterinary clinics do not permit the boarding of animals, the
4 05SN0275-JULY27-BOS
ovemight care of animals or outside hms. Veterinary hospitals, first permitted in the
Community Business (C-3) District, permit boarding, overnight care and outside rtms. The
applicant proposes to operate a veterinary hospital from this location to accommodate the
overnight care of animals without the use of outside nms. Except for this one C-3 use, uses
would be limited to those permitted by right or with restrictions in the Neighborhood
Business (C-2) District. (Proffered Condition 2)
CONCLUSION
The proposed zoning and land uses conform to the Chester Village Plan which suggests the
property is appropriate for neighborhood commercial uses. Under special circumstances, the
Plan supports commercial kennel uses. As proffered, the proposed veterinary hospital use would
be less intense than that of a commercial kennel which, in addition to the overnight boarding of
animals, would permit the use of outside runs. Further, the proposed zoning and land uses are
representative of, and compatible with, existing and anticipated area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (7/19/05):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Wilson, seconded by Mr. Gecker, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Unanimous
The Board of Supervisors, on Wednesday, July 27, 2005, beginning at 7:00 p.m., will take under
consideration this request.
05SN0275-JULY27-BOS