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99SR0105.PDF REQUEST ANALYSIS AND RECOMMENDATION 99SR0105 W. Aaron Goode Matoaca Magisterial District 20800 Hull Street Road October 28, 1998 BS REOUEST: Renewal of Conditional Use (Case 89SN0323) to permit retail sales in an Agricultural (A) District. PROPOSED LAND USE: A retail sales business, for the sale of produce and related items not grown or produced on- site, has existed on the request property since 1989, subject to conditions of zoning approval for Case 89SN0323. Condition 3 of Case 89SN0323 limited the sales business to a period of ten (10) years from the date of approval. The applicant wishes to renew the Conditional Use to allow continued operation of this retail sales business. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: Although the Southern and Western Area Plan suggests the request property is appropriate for rural conservation uses, the existing retail sales business has operated since 1989 with no known adverse impacts on existing area land uses while providing a convenience to area residents. Retail sales of any form of goods produced on a farm, as an accessory use to a farming operation, is permitted in an Agricultural (A) District when such sales is conducted by the owner or tenant of the farm. While the property owners do not farm the subject property, they do operate a farming operation in the area (Chesterfield Berry Farm). The existing retail sales business, as conditioned by Case 89SN0323, has had a character and an impact similar to that of accessory sales of goods produced on a farm. The recommended conditions would ensure that the business continues to have a similar character and impact. The Plan suggests that intense development should not occur in rural conservation areas until public facilities, such as public wastewater, become available to the area. The existing and proposed retail sales business, as conditioned, generates minimal demand for public facilities. In addition, the business requires minimal improvements, thereby allowing economical redevelopment of the property when public facilities are extended into the area and more intense uses can be accommodated. The original time limit of ten (10) years was imposed with provision for renewal upon satisfactory reapplication and demonstration that the use has not detrimentally affected area properties and remains compatible with area development trends. The existing retail business and area land uses have essentially remained the same since the approval of the original request, with no known adverse impacts generated by this retail business on existing or anticipated area development. Given that the existing retail sales business has had no adverse impact on area development, and further that it is anticipated that the property will be rezoned at such time that public facilities are available, renewal of this request without a time limit would be appropriate. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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 A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITIONS (STAFF/CPC) 1. The following conditions notwithstanding, the plan dated June 1989, shall be considered the Master Plan. (P) (STAFF/CPC This Conditional Use shall be granted to and for Chesterfield Berry Farm, Inc., and shall not be transferable nor run with the land. (P) (STAFF/CPC Portable sanitary facilities, as approved by the Health Department, shall be located so as not to be visible from Hull Street Road. The location shall be approved by the Planning Department. (P) (STAFF/CPC Outside display of merchandise shall be confined to items such as produce, bedding plants, and Christmas trees/garland/wreaths. Outside display of merchandise shall be located withing covered 2 99SR0105/WP/OCT28J sidewalks, courtyard areas and/or the area located north of the building and parking area. (P) (STAFF/CPC) 5. Outdoor lighting shall comply with Section 19-573 of the Zoning Ordinance. (P) (STAFF/CPC) 6. A maximum of 150 square feet of sign area shall be permitted to identify this use. (P) GENERAL INFORMATION Location: North line of Hull Street Road, west of Skinquarter Road and better known as 20800 Hull Street Road. Tax ID 688-668-Part of 7420 (Sheet 18). Existing Zoning: A with Conditional Use Size: 5.0 acres Existing Land Use: Commercial Adjacent Zoning & Land Use: North, South, East, and West - A, and A with Conditional Use; Vacant UTILITIES Public Water and Wastewater Systems: The public water and wastewater systems are not available to serve the request site. The request site lies within the Rural Conservation Area of the Southern and Western Plan for which the use of the public water and wastewater systems is required for new development. However, pursuant to Section 18-63 (b) (2) and Section 18-64 (a) (3) of the County Code, structures that were authorized by Conditional Uses or Special Exceptions which are renewed after June 23, 1993, are not required to connect to the public water and wastewater systems. 3 99SR0105/WP/OCT28J ENVIRONMENTAL Drainage and Erosion: The request property drains via tributaries to the Appomattox River. No existing or anticipated on- or off-site drainage or erosion problems with the renewal of this Conditional Use. PUBLIC FACILITIES Fire Service: Renewal of this Conditional Use will have no impact on emergency calls for fire and rescue services per year. Transportation: in 1989, the Board of Supervisors approved a Conditional Use (Chesterfield Berry Farm, Inc., Case 89SN0323) to permit retail sales in an Agricultural (A) District on the property. As part of that approval, the Board imposed several conditions that included: 1) limiting development of the property to the improvements identified on the Master Plan; 2) granting the Conditional Use to and for Chesterfield Berry Farm, Inc. only; and 3) granting the approval for a period of ten (10) years and acknowledging that it may be renewed upon some general requirements/findings. The applicant has applied for renewal of this Conditional Use permit. Staffis recommending approval of this Conditional Use for the property with the same conditions previously imposed by the Board with the exception that this Conditional Use will not have a time limitation. Because development will be restricted to the existing improvemenls on the property, this request will have no additional traffic impact on the road network. At such time as the property is rezoned and redeveloped, specific recommendations will be provided regarding right of way dedication, access control and construction of mitigating road improvements along Hull Street Road (Route 360). LAND USE Comprehensive Plan: Lies within the boundaries of the Southern and Western Area Plan which suggests the request property is appropriate for rural conservation uses. 4 99SR0105/WP/OCT28J Area Development Trends: The area surrounding the request property is characterized by agricultural zoning and land uses or vacant land. It is anticipated that such zoning and land uses will continue until adequate public facilities are available to support more intense development. Zoning History: On September 27, 1989, the Board of Supervisors, upon a favorable recommendation by the Plannh~g Commission, approved a Conditional Use to permit retail sales exceptions, to allow the existing retail sales business on the request property (Case 89SN0323). With the approval of Case 89SN0323, conditions were imposed to minimize the commercial nature and intensity of the use while accommodating the property owner's desire to sell produce and other items not produced on-site. In addition, conditions of zoning approval for Case 89SN0323 granted the Conditional Use to Chesterfield Berry Farm, Inc., exclusively, and further imposed a time limit of ten (10) years on the use, with provision for renewal upon satisfactory reapplication and demonstration that the use has not detrhnentally affected area properties and remains compatible with area development trends. On November 1, 1989, the Board of Zoning Appeals granted a t~venty (20) foot Variance to the fifty (50) foot parking setback requirement, plus a Variance to paving requirements, for the retail business (Case 89AN0401). These Variances were granted to and for Chesterfield Berry Farm, Inc., exclusively, and further were granted subject to the requirement that they become null and void if the property were rezoned to a business or commercial district. Site Design: Conditions of zoning approval for Case 89SN0323 restricted the amount and type of retail development that could occur on the request property, restricted signage, lighting and outside storage, and required portable sanitary facilities to be shielded or screened from view from Hull Street Road. Similar restrictions should be placed on continued operation of the business. (Conditions 1 through 5) It should be noted that Condition 4 of Case 89SN0323 required signage to comply with Emerging Growth District standards applicable at that time. These standards permitted a larger freestanding sign than is allowed under current Sign Ordinance requirements, but were more restrictive on building-mounted signage. Specifically, the Ordinance then allowed a maximum of 150 square feet of signage on the property, to include a freestanding sign of up to 100 square feet in area. On April 5, 1990, a sign permit was issued to allow a mew-six (96) square foot freestanding sign and a maximum of fifty-four (54) square feet of building-mounted signage, in accordance with Ordinance requirements 5 99SR0105/WP/OCT28J in force at that time. Current Sign Ordinance requiremems would allow a smaller freestanding sign (up to fifty (50) square feet in area) and a greater amount of building- mounted signage (a maximum of 157 square feet of building~mounted signage) for this type of use. Renewal of the Conditional Use would not permit the granting of exceptions necessary for the existing freestanding sign; therefore, with approval of the current request, this sign would remain as a non-conforming sign relative to area. However, given the nature of the use, with the approval of this request, signage should be restricted to no more than the total square footage currently permitted by the existing Conditional Use. (Condition 6) CONCLUSIONS Although the Southern and Western Area Plan suggests the request property is appropriate for rural conservation uses, the existing retail sales business has operated since 1989 with no known adverse impacts on existing area land uses while providing a convenience to area residents. In addition, retail sales of any form of goods produced on a farm, as an accessory use to a farming operation, is permitted in an Agricultural (A) District when such sales is conducted by the owner or tenant of the farm. While the property owners do not farm the subject property, they do operate a farming operation in the area (Chesterfield Berry Farm). The existing retail sales business, as conditioned by Case 89SN0323, has had a character and an impact similar to that of accessory sales of goods produced on a farm. The recommended conditions would ensure that the business continues to have a similar character and impact. The Plan further suggests that intense development should not occur in this area until public facilities, such as public wastewater, become available to the area. The existing and proposed retail sales business, as conditioned, generates minimal demand for public facilities. In addition, the business requires minimal improvements, thereby allowing economical redevelopment of the property when public facilities are extended into the area and more intense uses can be accommodated. The original time limit of ten (10) years was imposed with provision for renewal upon satisfactory reapplication and demonstration that the use has not detrimentally affected area properties and remains compatible with area development trends. The existing retail business and area land uses have essentially remained the same since the approval of the original request, with no known adverse impacts generated by this retail business on existing or anticipated area development. Given these considerations, approval of this request for renewal is recommended. 6 99SROlO5/WP/OCT28J CASE HISTORY Planning Commission Meeting (9/15/98): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended approval of this request subject to the conditions on pages 2 and 3. AYES: Unanimous. The Board of Supervisors, on Wednesday, October 28, 1998, beginning at 7:00 p.m., will take under consideration this request. 7 99SR0105/WP/OCT28J / / / / / / I /' 1 / I 99SR0105 RENEWAL OF C.U. SH. 18 99SR0105 10/28/98 98 775 In Matoaca Magisterial District, W. A~RON GOODE requested renewal of Conditional Use (Case 89SN0323) and amendment of zoning district map to permit retail sales in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation area use. This request lles on 5.0 acres known as 20800 Hull Street Road. Tax ID 688 668 Part of 7420 (Sheet 18). Mr. Jacobson presented a summary of Case 99SR0105 and stated that the Planning Commission and staff recommend approval subject to conditions. Mr. Aaron Goode stated that the recommendation is acceptable. When asked, Mr. Jacobson stated that the conditions would not limit the length of time for the conditional use and that it would be granted to the Chesterfield Berry Farm only, and not transferrable to others. Mrs. Humphrey made a motion, seconded by Mr. Warren, for the Board to approve Case 99SN0105. There was no opposition present. Mrs. Humphrey then called for a vote on the motion made by her, seconded by Mr. Warren, for the Board to approve Case 99SN0105 subject to the following conditions: 1. The following conditions notwithstanding, the plan dated June 1989, shall be considered the Master Plan. (P) 2. This Conditional Use shall be granted to and for Chesterfield Berry Farm, Inc., and shall not be transferable nor run with the land. (P) 3. Portable sanitary facilities, as approved by the Health Department, shall be located so as not to be visible from Hull Street Road. The location shall be approved by the Planning Department. (P) 4. Outside display of merchandise shall be confined to items such as produce, bedding plants, and Christmas trees/garland/wreaths. Outside display of merchandise shall be located withing covered sidewalks, courtyard areas and/or the area located north of the building and parking area. (P) 5. Outdoor lighting shall comply with Section 19 573 of the Zoning Ordinance. (P) A maximum of 150 square feet of sign area shall be permitted to identify this use. (P) 10/28/98 98 776 Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 10/28/98 98 777