CASE NUMBER: 15SN0627 APPLICANT: Stafford H. Cassell

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1 CASE NUMBER: 15SN0627 APPLICANT: Stafford H. Cassell STAFF S ANALYSIS AND RECOMMENDATION CHESTERFIELD COUNTY, VIRGINIA Magisterial District: CLOVER HILL Board of Supervisors (BOS) Public Hearing Date: May 27, 2015 BOS Time Remaining: 365 DAYS Applicant s Agent: STAFFORD H. CASSELL ( ) Planning Department Case Manager: Darla Orr ( ) APPLICANT S REQUEST Rezoning from General Business (C-5) and Corporate Office (O-2) to Community Business (C-3) with Conditional Use to permit a tattoo and piercing shop Commercial uses, including continued operation of a motorcycle dealership, are planned. (NOTES: A. Conditions may be imposed or the property owner may proffer conditions. B. A proffered condition is located in Attachment 1) PLANNING COMMISSION (4/21/2015) STAFF RECOMMENDATION RECOMMEND APPROVAL RECOMMEND APPROVAL As conditioned, complies with Comprehensive Plan Addresses impacts of use on area development Providing a FIRST CHOICE community through excellence in public service

2 Department SUMMARY OF IDENTIFIED ISSUES Issue PLANNING - FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL ENGINEERING SN MAY27-BOS-RPT

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4 Map 2: Comprehensive Plan Classification: NEIGHBORHOOD BUSINESS (Northern majority of property) AND CORPORATE OFFICE/RESEARCH DEVELOPMENT/LIGHT INDUSTRIAL (Narrow strip along southern property boundary) The designations suggest the majority of the property is appropriate for commercial uses (located completely within enclosed buildings) that serve neighborhood-wide trade areas and that the southernmost portion of the property is appropriate for corporate office and light industrial uses. Map 3: Surrounding Land Uses & Development Hull Street Rd Vacant properties zoned to permit office and commercial uses Commercial use (including auto repair, pharmacy, convenience store uses) or vacant Bailey Bridge Rd Residential use Frederick Farms I 4 15SN MAY27-BOS-RPT

5 PLANNING Staff Contact: Darla Orr ( ) ZONING HISTORY Case Number BOS Action Request 85SN SN0107 APPROVED 7/24/1985 APPROVED 9/22/2010 Rezone 17.9 acre tract (including subject property) to Office Business (O) with conditional use planned development to permit an office, industrial and commercial uses Subject is within area of master planned development that permits office, light industrial and indoor commercial use; only office uses permitted adjacent to Frederick Farms Subdivision Planning Commission to approve building elevations and colors during schematic plan approval Buildings to have architectural style, material and colors compatible with Frederick Farms 75 foot wide buffer adjacent to eastern and southern property boundaries Amendment of Case 85SN0074 to permit motorcycle sales, service and repair and motor vehicle rental Conditions require all repair and parts storage to be inside of a building; prohibit elevated display of vehicles; and screening of vehicle storage areas PROPOSAL A motorcycle (Harley Davidson) dealership, including service and repair, has operated on the request property since 2011 with no known adverse impacts on area properties. The owners propose rezoning to lease space to other uses within the existing building and to anticipate future development. While Community Business (C-3) zoning is requested, uses would be limited as described in the Chart on the next page. Design guidelines are also outlined in the chart: 5 15SN MAY27-BOS-RPT

6 Requirements Permitted Uses Motor vehicle sales and rental Motor vehicle service and repair Vehicle storage Garage-type doors Site Design Standards (such as parking, lighting, setbacks, screening & signage) Architecture General Overview Details Neighborhood Business (C-2) uses Motor vehicle sales, service, repair and rental Tattoo parlor (including body piercing) Proffered Condition A, B and C Motorcycle sales permitted Passenger vehicle sales only permitted incidental to motorcycle dealership (to allow trade-ins ) Does not include commercial vehicle sales or rental Does not permit consignment lots Proffered Condition B.1 and 2 Major engine, body and transmission repair only permitted for motorcycles Repair activities indoors Parts/materials storage indoors Proffered Condition B.3 and 5 Storage limited to 3 passenger vehicles for sale Screened area for vehicles awaiting repair No elevated display of vehicles Proffered Condition B.1, 4 and 6 Minimize visibility Proffered Condition B.7 Emerging Growth District Standards and zoning conditions Zoning Ordinance and Proffered Condition Route 360 Corridor West Guidelines - Residential design and architectural compatibility Zoning Ordinance TATTOO AND BODY PIERCING USE The applicant is requesting conditional use approval to allow a tattoo parlor to include body piercing. This use is not specifically enumerated in the Zoning Ordinance. Approval of a conditional use may be granted for a use not specifically enumerated in the Ordinance provided the use s operations and impacts are substantially the same as a use that is permitted in the zoning district. Staff finds the proposed use is similar in characteristics and impact to a beauty shop. Since beauty shops are permitted in the proposed zoning district, conditional use approval could be granted to permit the tattoo parlor (including body piercing). Tattooing and body piercing are regulated by the State Board of Barbers and Cosmetology laws found in the Code of Virginia, 1950, as amended, in Title 54.1, Chapter 7. Such use would be required to comply with all laws regulating the use. (Proffered Condition C) 6 15SN MAY27-BOS-RPT

7 PUBLIC FACILITIES FIRE SERVICE Staff Contact: Greg Smith ( ) This request will have a minimal impact on fire and emergency medical service (EMC). Nearby Fire and EMS Facilities Fire Station Clover Hill Fire Station, Company Number 7 EMS Facility Manchester Volunteer Rescue Squad COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) banksj@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 anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker ( ) brian.lokker@vdot.virginia.gov To date, no comments have been received. 7 15SN MAY27-BOS-RPT

8 WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland ( ) The proposal s impacts on the County s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code? Serviced? Water Yes 8 Yes Wastewater Yes 8 Yes Utilities Issues The proposed use will require installation of a backflow prevention device and monitoring manhole on the wastewater service lateral. ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard ( ) pritchardd@chesterfield.gov Environmental Engineering has no comment on this request. 8 15SN MAY27-BOS-RPT

9 CASE HISTORY Applicant Submittals 11/12/2014 Application submitted 3/30/2015 A revised proffered condition was submitted Planning Commission Meeting 4/21/2015 Citizen Comments: No one spoke to this request Recommendation APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION IN ATTACHMENT 1 Motion: Gulley Seconded: Wallin AYES: Gulley, Waller, Brown, Patton and Wallin The Board of Supervisors on Wednesday, May 27, 2015, beginning at 6:30 p.m., will consider this request. 9 15SN MAY27-BOS-RPT

10 PROFFERED CONDITION ATTACHMENT 1 Note: (STAFF/CPC) Recommended by the Planning Commission and Staff (STAFF/CPC) Permitted Uses - The following uses shall be permitted: A. Uses permitted by-right or with restrictions in the Neighborhood Business (C- 2) District. B. Motor vehicle sales, service, repair and rental provided that: 1. Motor vehicle sales shall be limited to the sale of motorcycles and, incidental to motorcycle sales, passenger vehicle sales. Storage of a maximum of three (3) passenger vehicles for sale shall be permitted. 2. Motor vehicle sales and rental shall not include commercial vehicles such as buses; tractor-trailer trucks; dump trucks; stake bed trucks; vans where the cargo area cannot be accessed from the driver s seat without exiting the vehicle and/or cab and chassis vehicles; construction equipment; and motor vehicle consignment lots. 3. Except for motorcycles, motor vehicle repair shall not include body, major engine and transmission repair. 4. Storage yards for vehicles awaiting repair shall be screened from view of adjacent properties and from external public roads. 5. Except for minimal repairs necessary to allow a vehicle to be moved into the service area, all allowed repair activities and storage of new or replacement repair materials shall occur inside of a building. 6. There shall be no elevated display of motor vehicles. 7. All garage type doors shall be oriented away from, or screened from view of adjacent office zoned properties and external public roads. C. Tattoo parlor (to include body piercing) provided such use is conducted in compliance with all laws regulating such use. (P) 10 15SN MAY27-BOS-RPT