00SN0157.pdf December 15, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0157
Chesterfield County Board of Supervisors
Bermuda Magisterial District
Southern Terminus of Woodland Hill Drive
REQUEST: Conditional Use to permit a two-family dwelling in a Residential (R-12) District.
PROPOSED LAND USE:
A two-family dwelling unit is planned.
PLANNING COMMISSION RECOMMENDATION
THE COMMISSION IS SCHEDULED TO CONSIDER THIS CASE ON DECEMBER 13, 1999.
STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S ACTION AT THE BOARD'S
DECEMBER 15, 1999, MEETING.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. 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.
B. The recommended condkions ensure that the single family residential character of the
property is maintained.
C. The proposal conforms to the Eastern Area Plan which suggests the property is
appropriate for residential use at a density of 1 to 1.5 units per acre.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS.)
CONDITIONS
(STAFF) 1.
(STAFF) 2.
Location:
Occupancy ofthe second dwelling unit shall be limkedto: the occupants of the
pr'mcipal dwelling unit, individuals related to them by blood, marriage, adoption or
guardianship, foster children, guests and any domestic servants. (P)
Prior to the release of a building permit, a deed restriction shall be recorded setting
forththe limkationin Condition 1 above. The deedbookandpagenumberofsuch
restriction and a copy of the restriction as recorded shall be submitted to the
Planning Department. (P)
GENERAL INFORMATION
Southern terminus of Woodland Hill Drive. Tax ID 809-643-6160 (Sheet 35).
Existing Zoning:
Size:
R-12
2.0 acres
Existing Land Use:
Vacant
Adjacent Zoning & Land Use:
North, South, East and West - R-12; Single family residential or vacant
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UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along Woodland Hill Drive 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 Deparanent must approve use of a private septic system.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan,
the Thoroughfare Plan andthe FY 2000-2004 Capital Improvement Program. This development will have
a minimal impact on these facilities.
Fire Service:
This property is currently served by the Enon Fire/Rescue Station, Company Number 6 and
Bensley-Bermuda Rescue Squad. The use will have a minimal impact on fire/rescue services.
Schools:
Approximately one (1) student could be generated by this use. This request will have a minimal
impact on area schools. The site lies in the M. Christian Elementary School attendance zone:
capacky - 750, enrollment - 838; Chester Middle School zone: capacity - 690, enrollment - 668;
and Thomas Dale High School zone: capacity - 1,750, enrollment - 1,826.
Libraries; Parks and Recreation; Transportation; and Financial Impact on Capital Facilities:
This use is expected to have minimal impact on these facilities.
3 00SN0157/WP/DEC 15R
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Eastern Area Plan which suggests the property is appropriate for
residential use of 1 to 1.5 dwelling unks per acre.
Area Development Trends:
TNs request lies within Southcreek Subdivision which is characterized by single family residences
on lots averaging approximately 49,223 square feet in area. The Plan suggests that this area will
continue to develop for residential uses.
Site Design:
The property owners are proposing to construct a two-family 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 onthe 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 limited 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
Eastern Area Plan.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Staff (11/16/99):
The Commission is scheduled to consider this case on December 13, 1999. Staff will advise the
Board of the Commission's action at the Board's December 15, 1999, meeting.
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A
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R-15
Case #: 00SN0157
C.U.
Sheet #: 35
December 15, 1999 BS
ADDENDUM
00SN0157
Chesterfield County Board of Supervisors
Bermuda Magisterial District
Southern Terminus of Woodland Hill Drive
REOUEST: Conditional Use to permit a two-family dwelling in a Residential (R-12) District.
PLANNING COMMISSION RECOMMENDATION
RECOMMENDED APPROVAL SUBJECT TO THE CONDITIONS LISTED BELOW.
AYES: MESSRS. CUNNINGHAM, MARSH AND SHEWMAKE.
ABSTENTIONS: MESSRS. MILLER AND GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. 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.
B. The recommended conditions ensure that the single family residential character of
the property is maintained.
C. The proposal conforms to the ~ which suggests the property is
appropriate for residential use at a density of 1 to 1.5 units per acre.
Providing a FIRST CHOICE Community. Through Excellence in Public Service.
(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.)
(STAFF/CPC
This Conditional Use shall be granted to and for Earl G. and Kaye
C. Yarbrough only and shall not be transferrable nor run with the
land. 0~)
(STAFF/CPC
Occupancy of the second dwelling unit shall be limited to: Earl G.
and Kaye C. Yarbrough, individuals related to them by blood,
marriage, adoption or guardianship, foster children, guests and any
domestic servants. (P)
(STAFF/CPC
Prior to the release of a building permit, a deed restriction shall be
recorded setting forth the limitation in Condition 2 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)
CASE HISTORY
Planning Commission Meeting (12/13/99):
The property owner was not present. There was an adjacent property owner present who
had questions concerning what constitutes a second dwelling and how the recommended
conditions would be enforced.
Mr. Cunningham explained that the recommended conditions would limit the use to the
Yarbrough's only and that due to citizen concerns the recommended conditions are more
restrictive than those typically recommended in similar cases.
Messrs. Gulley and Miller indicated they had concerns about acting on this request without
the property owners present.
On motion of Mr. Cunningham, seconded by Mr. Shewmake, the Commission
recommended approval of this request subject to the conditions on page 2.
2 00SN0157/WP/DEC 15RR
AYES: Messrs. Cunningham, Marsh and Shewmake.
ABSTENTIONS: Messrs. Miller and Gulley.
The Board of Supervisors, on Wednesday, December 15, 1999, beginning at 7:00 p.m., will take
under consideration this request.
3 00SN0157/WP/DEC 15RR
00SN0157
In Bermuda Magisterial District, CHESTERFIELD COUNTY BOARD
OF SUPERVISORS requested Conditional Use and amendment of
zoning district map to allow a two family dwelling in a
Residential (R 12) District. This amendment would yield a
density of 1.0 unit per acre. The Comprehensive Plan
suggests the property is appropriate for low density
residential use of up to 1.5 units per acre. This request
lies on 2.0 acres lying on the southern terminus of Woodland
Hill Drive. Tax ID 809 643 6160 (Sheet 35).
Mr. Jacobson presented a summary of Case 00SN0157 and stated
that the Planning Commission and staff recommend approval
subject to conditions. He further stated that the request
conforms to the Eastern Area Plan.
Dr. Earl Yarbrough, the property owner, stated that the
recommendation is acceptable.
There was no opposition present.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the
Board approved Case 00SN0157 subject to the following
conditions:
12/15/99
99 977
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, Barber, Humphrey, and McHale.
Nays: None.
Absent: Warren.
12/15/99
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