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00SN0125.pdfNovember 23, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0125 McAllister and Foltz Architecture Matoaca Magisterial District West line of Chesdin Landing Terrace REQUEST: Conditional Use to permit a two-family dwelling in a Residential (R-88) District. PROPOSED LAND USE: A second dwelling unit within a proposed dwelling unit is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2. AYES: MESSRS. GULLEY, CUNNINGHAM, MARSH AND SHEWMAKE. ABSENT: MR. MILLER. STAFF RECOMMENDATION Recommend approval for the following reasons: The Planning Commission and Board of Supervisors have typically acted favorably on similar requests where occupancy of the second dwelling has been limited to guests, domestic servants or family members of the occupants of the principal dwelling. Providing a FIRST CHOICE Community Through Excellence in Public Service. B. The recommended conditions ensure that the single family residential character of the property is maintained. The proposal conforms to the Southem and Westem Ama Land Use Plan which suggests the property is appropriate for residential use at a density of 1 to 5 acre lots. (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. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) (STAFF/CPC) 2. Prior to the release of a building permit, a deed restriction shall be recorded setting forth the limitation in Condition 1 above. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) GENERAL INFORMATION Location: Fronts the west line of Chesdin Landing Terrace, south of Chesdin Landing Drive. Tax ID 736- 623-4840 (Sheet 39). Existing Zoning: R-88 Size: 6.7 acres 2 00SN0125/WP/NOV23 J Existing Land Use: Vacant Adjacent Zoning & Land Use: North, South, and East - R-88; Single family residential or vacant West - Lake Chesdin UTILITIES Public Water System: There is an existing eight (8) inch water line extending along the east side of Chesdin Landing Terrace, adjacent to the request site. Use of the public water system is required by County Code. Public Wastewater System: The public wastewater system is not available to serve the request site. Private Septic System: The Health Depamnent must approve installation and use of a private septic system. PUBLIC FACILITIES Fire Service: This request will have a minimal impact on fire and rescue services. Schools: Approximately one (1) student will be generated by this development. The ske lies in the Gates Elementary School attendance zone: capacity - 776, enrollment - 747; Bailey Bridge Middle School zone: capacity - 1,200, enrollment - 1,428; and Manchester High School zone: capacky - 2,000, enrollment - 2,289. This request will have a minimal impact on area schools. 3 00SN0125/WP/NOV23 J Transportation: This proposed development will have a minimal impact on the existing transportation network. LAND USE Comprehensive Plan: Lies within the boundaries of the Southern and Westem Area Land Use Plan which suggests the property is appropriate for 1 to 5 acre lots. Area Development Trends: This request lies within Chesdin Landing Subdivision which is characterized by large lot single family resktential zoning and uses. The Plan suggests that this area will continue to develop for single family uses. Ske Design: The applicant is proposing to construct a second dwelling unit within a proposal principal dwelling. The second dwelling is intended for use by family members, domestic servants or guests in accordance with approvals of similar requests (Condition 1 ). A deed restriction should be placed on the property to put future homeowners on notice of the occupancy restrictions. (Condition 2) CONCLUSIONS The Planning Commission and Board of Supervisors have typically acted favorably on similar requests where occupancy of the second dwelling has been limked to guests, family members of the occupants of the principal dwelling or domestic servants. The recommended conditions ensure that the single family residential character of the request property is maintained. In addition, the proposal conforms to the Southern and Western Area Land Use Plan. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (10/19/99): The applicant accepted the recommendation. There was no opposition present. 4 00SN0125/WP/NOV23 J On motion of Mr. Marsh, seconded by Mr. Shewmake, the Commission recommended approval of this request subject to the conditions on page 2. AYES: Messrs. Gulley, Curmingham, Marsh and Shewmake. ABSENT: Mr. Miller. The Board of Supervisors, on Tuesday, November 23, 1999, beginning at 7:00 p.m., will take under consideration this request. 5 00SN0125/WP/NOV23 J C Case: 00SN0125 C.U. Sheet#: 39 00SN0125 In Matoaca Magisterial District, MCALLISTER AND FOLTZ ARCHITECTURE requested Conditional Use and amendment of zoning district map to permit a two family dwelling in a Residential (R 88) District. This amendment would yield a density of 0.3 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1 5 acre lots, suited to R 88 zoning. This request lies on 6.7 acres fronting approximately 575 feet on the west line of Chesdin Landing Terrace, approximately 500 feet south of Chesdin Landing Drive. Tax ID 736 623 4840 (Sheet 39). Mr. Jacobson presented a summary of Case 00SN0125 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the request conforms to the Southern and Western Area Land Use Plan. Mr. Mike Foltz, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 00SN0125, subject to the following conditions: 1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 2. Prior to the release of a building permit, a deed restriction shall be recorded setting forth the limitation in Condition 1 above. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 11/23/99 99 900