Title
Use Permit Application by Mr. William Felt, PE on Behalf of American Legion to Construct a New Building for the American Legion Post 48, Located at 115 S. Mallory Street [LRSN: 12001405] and 117 S. Mallory Street [LRSN: 12001406]
Purpose
Background Statement:
Use Permit Application No. 20-00008 is a request to allow the construction of a new building for the American Legion Post 48, located at 115 S. Mallory Street [LRSN: 12001405] and 117 S. Mallory Street [LRSN: 12001406]. The properties are zoned Phoebus Urban Core (PH-1) and are located within the Phoebus Master Plan (2007, as amended) boundaries. The Hampton Community Plan recommends mixed-use uses for this site and the Phoebus Master Plan recommends pedestrian-oriented “main street” character buildings.
The properties are currently vacant, located across from the Old Point National Bank on South Mallory Street in the core of Phoebus. The American Legion previously had their facilities at 221 East Mellen Street and will be relocating to this new building if built. The building proposed would span across the currently existing two lots, requiring a property line vacation in order to combine the lots into one. Once that is achieved, the building would be unable to comply with the base district development standards for occupying at least ninety percent of the front setback line while also complying with the maximum allowed width of a single building. The design of the building is also challenged by the presence of overhead utility poles at the corner of Lancer Street and South Mallory Street, requiring a building built away from that front corner property lines to accommodate the utility.
Due to these challenges, the applicant is requesting this use permit which allows the Planning Commission and City Council to consider alternative forms of development in relation to the adopted policies within the Hampton Community Plan (2006, as amended) and the Phoebus Master Plan (2007, as amended). The Phoebus Master Plan recommends a pedestrian-oriented active streetscape, with buildings enlivening the street regardless of the particular use of the building. The Hampton Community Plan recommends a mix of uses along this street again to promote the active urban core of Phoebus. The American Legion is categorized as a private or fraternal club or lodge, which is not typically a use associated with active pedestrian traffic from the street. However, during the course of review, the applicant provided alterations to align with the form-based design intent present in the Phoebus Master Plan. The proposed design of the building still provides for an articulated front façade with a variety of fenestration, and a front pedestrian courtyard. These features align with the goals of the Hampton Community Plan and the Phoebus Master Plan.
During the Planning Commission meeting, there was some discussion regarding the architectural style of the building and whether that is within the scope of consideration of the use permit. Fine level details regarding architecture that are not related to community health, safety, or well-being should not be considered as the basis of approval or denial. Staff reviewed the general form of the building to achieve the desired form while balancing that constraint.
Recommendations:
Rec
Staff Recommendation:
Approve with 3 conditions
Planning Commission Recommendation:
Approve with 3 conditions