18SN0838
CASE NUMBER: 18SN0838
APPLICANTS: Terry A. Nickens
CHESTERFIELD COUNTY, VIRGINIA
BERMUDA DISTRICT
AND RECOMMENDATION
Board of Supervisors (BOS) Hearing:
SEPTEMBER 26, 2018
BOS Time Remaining:
365 DAYS
TERRY A. NICKENS (804-641-9777)
Planning Department Case Manager:
DAVID DAMERON (804-768-7592)
0.4 Acres 3600 Gill Street
REQUEST
Rezoning from Neighborhood Office (O-1) to Corporate Office (O-2) with Conditional Use to permit a
beauty shop plus conditional use planned development to permit exceptions to ordinance
requirements. Specifically, exceptions are requested to reduce setbacks and buffer requirements.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions and Textual Statement are located in Attachments 1-2.
SUMMARY
The subject property was rezoned in 2008 to Neighborhood Office (O-1) and the existing dwelling
. The applicant proposes to operate a five-chair beauty shop. A beauty
shop is permitted as a restricted use in the Corporate Office (O-2) District. The restrictions of the
ordinance would require the use to be located within a larger office development. Therefore, the
applicant has requested a conditional use to permit a beauty shop use.
As conditioned, uses would be limited to those in the O-1 District and a beauty shop.
To accommodate existing on-site development, exceptions to ordinance requirements are requested
to reduce a buffer along the rear property line and reduce the setback from Gill Street for parking.
RECOMMENDATION
APPROVAL
PLANNING
COMMISSION
APPROVAL
While the Chester Special Area Plan suggests property is appropriate for
residential use, the existing dwelling was zoned and converted to office
STAFF use in 2008. Conditions would maintain office use and limit intensity of
beauty shop use.
As conditioned, the proposed use is representative of and compatible with
existing and anticipated area development.
Providing a FIRST CHOICE community through excellence in public service
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Comprehensive Plan (The Chester Plan)
Classification: RESIDENTIAL
The designation suggests the property is appropriate for residential use of up to 2.5 dwelling units per
acre.
Surrounding Land Uses and Development
West Hundred Rd
Office Uses
Office
Single-family
residential
Gill Street
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PLANNING
Staff Contact: David Dameron (804-768-7592) damerond@chesterfield.gov
Zoning History
Case Number Request
Rezoning from Residential (R-7) to Neighborhood Office (O-1).
08SN0258
Conditions require right-of-way dedication on the south side of West
Approved
Hundred Road and prohibit direct vehicular access to the property from
(9/2008)
Route 10.
Development standards waiver granted to reduce buffer along rear
09PS0300 property line to permit parking for the office use and an existing shed to
Approved remain.
(7/2009)
landscaped with perimeter Landscaping F.
Proposal
In 2008, the property was rezoned to Neighborhood Office (O-1) (Case 08SN0258). This
office. To
accommodate parking and an existing shed, a development standards waiver was granted to
reduce the 40-foot buffer required in the O-1 District along the rear property line.
The applicant proposes to rezone the property to Corporate Office (O-2) with a conditional use to
permit a five-chair beauty shop. A beauty shop is permitted in the O-2 District in projects of 25
acres or more.
While the Plan supports residential use, the existing dwelling was converted to office use in 2008,
and the proposed O-2 zoning with use limitations, is no more intense.
Exceptions to Setback and Buffer
The development is located within the Chester Special Design District and is required to meet the
Chester Corridor East design standards. The applicant has requested a Conditional Use Planned
Development (CUPD) relative to a buffer and setback. An existing garage and parking are located
7.5 feet from the rear property line. An exception of 42.5 feet is requested to the 50 foot buffer.
Condition would require landscaping be installed along the fence. The ordinance would permit the
setback from Gill Street be reduced to 15 feet with Perimeter Landscaping G, but a portion of the
existing parking area adjacent to Gill Street is within this side yard setback and requires a 3 foot
setback exception. (Textual Statement)
Landscaping G requires large deciduous trees every 50 linear feet, an evergreen hedgerow
adjacent to the parking area, and shrubs and ground cover. The property has well established
landscaping. The ordinance allows healthy existing vegetation to be credited towards landscaping
requirements. Approval of a landscaping plan is required and installation within 90 days of
approval. (Textual Statement)
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Conditions have been recommended to mitigate the impact of the proposed use and make it
comparable to an office use in terms of intensity. The following chart provides an overview of
these conditions to mitigate the impact of the use on area properties:
General Overview
Requirements Details
Serve as master plan.
Textual Statement
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Beauty shop use limited to the applicant; not transferable nor
Ownership
run with the land.
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Limited to O-1 plus beauty shop with a maximum of 5 chairs
Permitted Uses
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Typical business hours
A.Monday: 9am-5pm.
B.Tuesday-Thursday 9am -7pm
Hours of Operation
C.Friday: 9am-3pm
D.Saturday: 9am-2pm
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Expansion of use, additions, or alterations to buildings
Expansion of Use or
prohibited
Buildings
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COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Steve Adams (804) 748-1037 adamsSt@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
applicant is requesting rezoning of the property (0.4 acre) to Corporate Office (O-2). Traffic
generated by this development will be initially distributed along Gill Street and then along West
Hundred Road (Route 10), which had a 2017 traffic count of 39,000 vehicles per day. This
request will have a minimal impact on the existing transportation network.
Access to major arterials, such as Route 10, should be controlled. The applicant has proffered
that no direct vehicular access will be provided from the property to Route 10 (Proffered
Condition 6). Access from the property to Route 10 will be provided via Gill Street.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
No comments received to date.
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FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Chester Fire Station, Company Number 1
EMS Facility The Chester Fire Station, Company Number 1
When the property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Existing Water and Wastewater Systems
Currently Size of Closest Existing Connection Required by County
Utility Type
Serviced Lines Code
Water No Yes
Wastewater No Yes
-1 to O-2 to allow a higher end beauty shop will have no
adverse impact on the public water and wastewater systems. The existing structure is currently
connected to the public water and wastewater systems. The Utilities Department supports this
case.
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
PARKS AND RECREATION
Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov
This request will have minimal impact on these facilities.
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CASE HISTORY
Applicant Submittals
6/12/18 Application submitted
Planning Commission
8/21/18 Citizen Comments:
No citizens spoke to this request.
Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Stariha Second: Freye
AYES: Jackson, Freye, Jones and Stariha ABSENT: Sloan
The Board of Supervisors on Wednesday, September 26, 2018, beginning at 6:00 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note: Both the Planning Commission and Staff recommend the following conditions.
1. The Textual Statement dated August 6, 2018 shall be the Master Plan. (P)
2. Non-Transferable Ownership. The beauty shop use shall be granted exclusively to and
for Terry A. Nickens and shall not be transferable nor run with the land. (P)
3. Uses. Uses permitted shall be a beauty shop with a maximum of five (5) chairs and uses
permitted by right in the Neighborhood Office (O-1) District. (P)
4. Limited Hours. The hours that the beauty shop is open for business shall be as follows:
E.Monday: 9am-5pm.
F.Tuesday-Thursday 9am -7pm
G.Friday: 9am-3pm
H.Saturday: 9am-2pm (P)
5. Expansion. With the exception of ordinary maintenanceand improvements necessary to
meet the building code, additions to the existing buildings, exterior alterations, and/or
expansion of the use shall not be permitted. (P)
6. Vehicular Access. No direct vehicular access will be provided to the property to Route 10.
Access to the property to Route 10 will be provided via Gill Street. (T)
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ATTACHMENT 2
TEXTUAL STATEMENT
August 6, 2018
1.Setback Exception:
The setback for parking from perimeter
landscaping G in accordance with zoning ordinance requirements.
2.Buffer Exception:
The
fence shall be maintained along the rear property line. Medium evergreen shrubs shall
be installed along the fence.
3.Landscaping:
Within 30 days of the approval of this request, applicant shall submit a landscaping plan
to the Planning Department for review and approval. Such approved landscaping shall
be installed within 90 days of the approval of this request.
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