06SN0337
September 19, 2006 CPC
No'/ember 16,2006 CPC
January 16,2007 CPC
February 28, 2007 BS
April 25, 2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0337
Neal o. and Rosemary Hager
Bermuda Magisterial District
North line of Happy Hill Road
REQUEST: Conditional Use to permit a bed and break:fast and special events business
incidental to a dwelling unit.
PROPOSED LAND USE:
Operation of a bed and break:fast and special events business, as well as residential
use are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Staff recommends denial of this request for the following reasons:
A. The proposed commercial use of the property fails to comply with the Southern
and Western Area Plan which suggests the request property is appropriate for
residential use.
B. Some proffers are difficult, or impossible, to effectively enforce.
(NOTES:
A.
CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S)
MAY PROFFER 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
Providing a FIRST CHOICE community through excellence in public service
A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY
THE PLANNING COMMISSION.
B. SINCE THE COMMISSION'S CONSIDERATION OF THIS REQUEST,
SOME PROFFERED CONDITIONS HAVE BEEN AMENDED AND
ARE NOTED AS "OLD"/"NEW".)
PROFFERED CONDITIONS
The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the properties lrnown as Chesterfield
County Tax IDs 794-644-4162-00000 (6.8 acres) and 794-644-2068-00000 (2.3 acres) from A to
A with a conditional use permit to operate a bed and break:fast and special events business
incidental to a dwelling unit will be developed as set forth below; however, in the event the
request is denied or approved with conditions not agreed to by the Owner-Applicant, these
proffers and conditions shall be immediately null and void and of no further force or effect.
1. This Conditional Use shall be granted to and for Neal O. and/or Rosemary
Hager, exclusively, and shall not be transferable or run with the land. (P)
(STAFF NOTE: PROFFERED CONDITION 2 HAS BEEN AMENDED SINCE THE
COMMISSION'S CONSIDERATION OF THIS CASE.)
(OLD)
2.
The days and hours that the Special Events business may be open to the
public shall be as follows:
a) Sunday through Friday, from 10:00 a.m. to 9:30 p.m.
b) Saturday, from 10:00 a.m. to 10:00 p.m. (P)
(NEW)
2.
The days and hours of operation are set forth as follows:
a) The Special Events business may be open to the public on
Saturday from 1 :30 p.m. to 9:00 p.m. A maximum of four (4)
special events may be held each month, of those four (4) events no
more than two (2) shall be weddings. When the Saturday event is
a wedding an event related to the wedding may be held on the
Friday before the wedding from 6:00-9:30 p.m. Only one (1)
Special Event may be held on Saturday.
b) The Bed and Break:fast may be open to the public on Tuesday
through Saturday with a check:-in time from 2:00 p.m. to 9:00 p.m.
and check: out time of 11 :00 a.m. (P)
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(STAFF NOTE: PROFFERED CONDITION 3 HAS BEEN AMENDED SINCE THE
COMMISSION'S CONSIDERATION OF THIS CASE.)
(OLD)
3.
Outdoor music and sound equipment used during a special event including
but not limited to speak:ers, amplifiers, microphones, live music, radios,
and disc jock:eys shall only be permitted on Saturdays from 12:00noon to
8:30p.m. (P)
(NEW)
3.
Outdoor music and sound equipment shall not be permitted except for a
wedding procession.
4. No vendor deliveries shall be permitted before 9:00 a.m. or after 7:00 p.m.
(P)
5. The bed and break:fast and special events uses shall be designed and
operated so as not to generate noise levels above 46 dB(a), as measured at
the boundaries of Tax Ids 794-644-7898-00000, 794-644-8594-00000,
794-645-6510-00000, and 794-645-7103-00000. (P)
6. No exterior lighting shall be higher than twenty (20) feet. Any temporary
exterior lighting that is used for a special event shall be directed away
from the boundaries of Tax Ids 794-644-7898-00000, 794-644-8594-
00000, 794-645-6510-00000, and 794-645-7103-00000. No laser lights
shall be used. (P)
7. Other than normal maintenance and cosmetic enhancements, there shall be
no exterior additions or alterations to existing structures, nor any new
construction, to accommodate this use. This does not restrict the Owners
from periodic use of tentage with flooring, concourse and marquee for
special events. This does not restrict the Owners from providing necessary
accommodations for the handicapped such as ramps. (P)
8. One (1) sign, a maximum of nine (9) square feet in area shall be permitted
to identify both the Bed and Break:fast and Special Events Business. (P)
9. Within 120 days of approval of this request, forty-five (45) feet of right-
of-way on the north side of Happy Hill Road, measured from the center-
line of the roadway immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit of Chesterfield
County. (T)
10. Direct vehicular access from the property to Happy Hill Road shall be
limited to one (1) entrance/exit as approved by the Transportation
Department. (T)
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(STAFF NOTE: PROFFERED CONDITION 11 HAS BEEN AMENDED SINCE THE
COMMISSION'S CONSIDERATION OF THIS CASE.)
(OLD)
11.
Attendance at special events shall be restricted to a maximum of 150
individuals at anyone (1) function. (P)
(NEW)
11.
The maximum number of guests shall be as follows:
a) Special Events: Attendance at special events shall be restricted to
a maximum of 100 individuals at anyone (1) function.
b) Bed and Break:fast: Occupancy shall be restricted to a maximum of
eight (8) guests.
(STAFF NOTE: PROFFERED CONDITION 12 HAS BEEN WITHDRAWN.)
(WITHDRA WN)
12.
There shall be no sale of alcoholic beverages at special events. (P)
(PROFFERED CONDITION 13 HAS BEEN AMENDED SINCE THE COMMISSION'S
CONSIDERATION OF THIS CASE.)
(OLD)
13.
All alcohol will cease to be served one (1) hour prior to the end of any
function. (P)
(NEW)
13.
All special events shall be one of two types: (1) a special event at which
alcohol is allowed to be served or (2) a special event at which alcohol is
not allowed to be served. The last hour of any special event at which
alcohol is allowed to be served shall automatically convert to a special
event at which alcohol is not allowed to be served. (P)
14. This Conditional Use shall be granted for a period not to exceed one (1)
year from date of approval. (P)
GENERAL INFORMATION
Location:
North line of Happy Hill Road across from Tarris Lane. Tax IDs 794-644-2068 and 4162
(Sheet 34).
Existing Zoning:
A
Size:
9.1 acres
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Existing Land Use:
Single family dwelling
Adiacent Zoning and Land Use:
North - A and R-12; Single family residential or vacant
South - A and R-7; Single family residential or vacant
East and West - A; Single family residential or vacant
UTILITIES
Public Water and Wastewater Systems:
This request will not impact the public water and wastewater systems. The eXIstIng
dwelling is connected to both the public water system and the public wastewater collector
system. Connection to the public water and wastewater systems will be required for any
future structures built on-site.
ENVIRONMENT AL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Chester Fire Station, Company #1 and Bensley Bermuda Volunteer Rescue Squad
currently provide fire protection and emergency medical service. This request will have a
minimal impact fire and EMS.
Transportation:
The property is located on the north side of Happy Hill Road across from Tarris Lane.
The applicant is requesting a conditional use to permit a bed and break:fast and special
events business. This use will have a minimal impact on the transportation network:.
Happy Hill Road is classified as a major arterial on the county's Thoroughfare Plan with
a recommended right-of-way width of ninety (90) feet. The applicant has proffered to
dedicate forty-five (45) feet of right-of-way along Happy Hill Road adjacent to the
property, measured from the centerline of the road, in accordance with that Plan
(Proffered Condition 8). Access to major arterials should be controlled. The applicant
has proffered that direct access from the property to Happy Hill Road will be limited to
one (1) entrance/exit. (Proffered Condition 9)
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LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
request property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
Area Development Trends:
Surrounding properties are zoned Agricultural (A), Residential (R-7) and Residential (R-
12) and are occupied by single family residential use on acreage parcels and within
Longmeadow Subdivision or are vacant. It is anticipated that residential use will
continue in the area as recommended by the Plan.
Use:
Proffered Conditions 1 and 14 would restrict the operation to the applicants only and limit
the Conditional Use to one (1) year.
Site Design:
Proffered Condition 7 would preclude additions and exterior alterations to any structures
on the property for this use other than normal maintenance and cosmetic enhancements
and the provision of handicapped accommodations, thereby limiting the business to the
existing improvements. Periodic use of temporary structures would be permitted for
special events.
The Zoning Ordinance requires that driveways and park:ing areas serving more than four
(4) vehicles be paved with concrete, bituminous concrete or similar material. The
driveway serving the property is paved while the majority of the park:ing areas are either
graveled or untreated (grassed). The applicants have indicated they intend to seek: a
development standards waiver to this paving requirement for park:ing.
Hours of Operation and Lighting:
Proffered Condition 4 would limit when vendor deliveries are permitted. Proffered
Condition 4 relative to vendor deliveries would be difficult, if not impossible, for staff to
monitor and enforce.
Proffered Condition 2 has been amended since the Commission's consideration of this
request to address concerns of area citizens by further restricting days and hours that the
operation may be open to the public. The amendment provides days and hours of
operation for the bed and break:fast use and further restricts days and hours of operation
for the Special Events business. The amendment limits days and hours of operations
based on a specific type of event. Proffered Condition 2 relative to event type would be
difficult, if not impossible to monitor and enforce.
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Proffered Condition 6 would limit the height and direction of freestanding lights.
Noise:
Proffered Condition 5 would require the businesses to be designed and operated so as not
to generate noise levels above 46 dBa, as measured from the boundaries of the
surrounding subdivision development to the north. Proof of such conformance should be
submitted to the Planning Department for review and approval. The applicant has not
proffered to submit such information.
Proffered Condition 3 has been amended since the Commission's consideration of this
request to address concerns of area citizens relative to noise generated by outdoor music
and sound equipment. The amended condition prohibits outdoor music and sound
equipment except for wedding processions. This condition would be difficult, if not
impossible, to monitor and enforce.
Signage:
The applicants propose one (1) nine (9) square foot sign to identify the use (Proffered
Condition 8). Should this request be approved, staff suggests Proffered Condition 8 not
be accepted because it exceeds the one (1) square foot sign typically allowed with a home
occupation and which has been approved for businesses operated incidental to a dwelling.
Alcoholic Beverages:
Proffered Condition 12 which would have precluded the sale of alcoholic beverages at
special events, but would not prevent alcoholic beverages from being served at special
events has been withdrawn since the Commission's consideration of this request.
Instead, Proffered Condition 13 has been amended to address alcohol consumption since
the Commission's consideration of this request and to address legality concerns by the
County Attorney's Office. The essence of the amendment is that during the last hour of
any special event alcohol will not be allowed to be served. Enforcement of this condition
will be difficult, if not impossible.
Attendance:
Proffered Condition 11 has been amended since the Commission's consideration of this
case to further restrict attendance at special events and to provide an occupancy limit for
the Bed and Break:fast use. The amendment reduces the number of individuals permitted
at special events and provides a maximum number of guests for the Bed and Break:fast.
Enforcement of this condition will be difficult given the threshold is based on counting
individual persons attending an event or guests at the Bed and Break:fast.
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CONCLUSIONS
The proposed commercial use of the property fails to comply with the Southern and Western
Area Plan which suggests the request property is appropriate for residential use. Further, many of
the proffered conditions are difficult, if not impossible to enforce.
Given these considerations denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/19/06):
The applicant did not accept staffs recommendation. There was opposition present who
expressed concerns relative to commercial use in a residential area and noise generated
from events.
At the request of the applicants, the Commission deferred the request to their November
16, 2006, public hearing.
Staff (9/20/06):
The applicants were advised in writing that any significant, new or revised information
should be received no later than September 25, 2006, for consideration at the
Commission's November 16,2006, public hearing.
Also, the applicants were advised that a $130.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (9/29/06):
The deferral fee was paid.
Staff (10/13/06):
To date, no new or revised information has been received.
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06SN033 7 - APR25- BOS
Applicant, Staff, Bermuda District Planning Commissioner and Area Citizens (10/23/06):
A meeting was held to discuss the request. Area citizens expressed concerns relative to
commercial encroachment into a residential area and the potential for noise and excessive
traffic.
Planning Commission Meeting (11/16/06):
At the request of the applicant, the Commission deferred this case to January 16,2007.
Staff (11/20/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 22, 2006, for consideration at the
Commission's January 16,2007, public hearing.
Also, the applicant was advised that a $130.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (12/6/06):
Revised and additional proffered conditions were submitted.
Planning Commission Meeting (1/16/07):
The applicant did not accept the recommendation. There was support and opposition
present. Those in support indicated that the use provides a needed service in the
community.
Those in opposition expressed concerns relative to the potential precedent for further
commercial in the area; the intrusion of a commercial use into a residential area; traffic
and noise impacts; the potential adverse impact on property values; and safety issues
related to consumption of alcoholic beverages.
Mr. Wilson indicated that while the case was in a better posture than when originally
submitted, the applicants had failed to establish trust with the community by the way in
which the use has been operated during the time in which the case has been pending; that
neighbors continue to be opposed to the use; and the use fails to comply with the Plan.
On motion of Mr. Wilson, seconded by Mr. Bass, the Commission recommended denial.
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Applicant (1/24/07):
Amendments to proffered conditions related to alcohol sale, service and consumption
were submitted, as discussed herein.
Applicant (2/26/07):
Amendments to proffered conditions related to days and hours of operation, outdoor
music and attendance were submitted, as discussed herein.
Board of Supervisors (2/28/07):
At the request of the applicant, the Board deferred this case to April 25, 2007.
Staff (3/1/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 5, 2007, for consideration at the Board's April
25, 2007, public hearing.
The applicant was also advised that a $130.00 deferral fee was due.
Applicant (3/13/07):
The deferral fee was paid.
Applicant, Staff and Area Citizens (3/21/07):
A meeting was held to discuss the request and amended the proffers. Area citizens
expressed concerns relative to commercial encroachment into a residential area and the
potential for noise and excessive traffic.
The Board of Supervisors, on Wednesday, April 25, 2007, beginning at 6:30 p.m., will tak:e
under consideration this request.
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