00SN0145-FEB23.pdfFebruary 23, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0145
(AMENDED)
R. T. Avery
Dale Magisterial District
4107 Courthouse Road
REQUEST:
(AMENDED) Rezoning from Residential (R-7) to Agricultural (A) with Conditional
Use Planned Development to permit a contractor's office and exception to
development standards (gravel parking).
PROPOSED LAND USE:
A contractor's office is planned. Specifically, the applicant has converted an existing
single family residence for office use.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed zoning and land use do not conform to the Northern Area Plan which
suggests the property is appropriate for medium density residential use of 1.51 to 4.0
units per acre.
The proposed zoning and land use do not conform to existing and anticipated area
residential development.
Approval of this request could establish a precedent for similar non-residential
development along this portion of the Courthouse Road Corridor.
(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.)
However, should the Commission and Board wish to approve this request, imposition of the
following conditions would be appropriate:
CONDITIONS
(CPC) 1.
This Condkional Use shall be granted for a period of no more than
four (4) years from the date of approval and shall be limited to T.A.
Investments for their use only and shall not be transferable nor run
with the land. (P)
(CPC)
2. There shall be no signs to identify this use. (P)
(CPC)
3. There shall be no outside storage. (P)
(CPC)
4. There shall be no dumpsters. (P)
(CPC)
There shall be no deliveries by any vehicle exceeding 4,000 pounds
net weight and having more than two (2) axles. (P)
(CPC)
This use shall not be open to the public from 6:00 p.m. to 7:00 a.m.
Monday through Saturday. There shall be no operations on Sunday.
(P)
(CPC)
7. Except for security lighting, there shall be no exterior lighting. (P)
(CPC)
There shall be no additions or exterior alterations to the structure to
accommodate this use. (P)
(STAFF/CPC)
The plan prepared by Balzer and Associates and submitted with the
application, shall be considered the Master Plan, except the circular
driveway shown between the building and Courthouse Road shall be
located a minimum of seventy (70) feet from the ultimate right-of-
way of Courthouse Road and shall be a maximum of twelve (12) feet
in width. (P)
2 00SN0145/WP/FEB231
(CPC) la.
Driveways and parking areas shall have a minimum surface of six (6)
inches of No. 21 or 2lA stone. The per'Lmeter of driveways and
parking areas shall be delineated by permanent means such as bumper
blocks, railroad ties, timbers or similar such trea1~nent. (P)
(CPC) 11.
Wkhin thirty (30) days of approval of this request, plans depicting
these requirements shall be submitted to the Planning Depamnent for
review and approval. Within thirty (30) days of approval of plans, the
required improvements shall be completed. (P)
GENERAL INFORMATION
Location:
Fronts the east line of Courthouse Road, north of Harley Drive and is better known as 4107
Courthouse Road. Tax ID 749-683-7179 (Sheet la).
Existing Zoning:
R-7
Size:
0.7 acre
Existing Land Use:
Office use (converted single family residence)
Adjacent Zoning & Land Use:
North, South and East - R-7; Single family residential or vacant
West - A; Single family residential
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UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along the west side of Courthouse
Road, adjacent to the request site. Use of the public water system is intended and is required
by County Code.
Public Wastewater System:
There is an existing fifteen (15) inch wastewater trunk line extending along a tributary of
Falling Creek, approximately 1,650 feet north of the request site. In addition, there is an
existing eight (8) inch wastewater collector extending along Oxbridge Road, approximately
240 feet east of the request site. The depth of the existing Oxbridge Road wastewater
collector precludes the possibility of this wastewater line being extended to serve the site.
It is the intent to utilize a private septic system.
Private Septic System:
The Health Depamnent must approve any new or expanded usage of an existing septic
system. Driveways and parking areas must be located so as not to interfere with the septic
and drainfield system.
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the southeast comer of the lot. When drainage leaves the property,
it enters the rear of Mayfair Estates and flows through the center of approximately seven (7)
lots before enter'rog a tributary to Falling Creek. These lots, on which homes are constructed,
are not currently experiencing any drainage or erosion problems. With the recommended
conditions, this use is not anticipated to cause any drainage problems.
PUBLIC FACILITIES
Fire Service:
This property is currently served by the Wagstaff Circle Fire/Rescue Station, Company
Number 10 and Manchester Rescue Squad. This use will have minimal impact on fire/rescue
services.
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Transportation:
This proposed development will have a minimal impact on the existing transportation
network. The Vkginia Department of Transportation may require that a commercial entrance
be installed.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests the property is
appropriate for medium densky residential use of 1.51 to 4.0 unks per acre.
Area Development Trends:
Area properties have been developed for single family residential uses. The Plan for the area
anticipates single family residential development continuing in this area and does not suggest
development of office or commercial uses along the Courthouse Road Corridor.
Ske Design:
In conjunction wkh the submission of this application, a plan was submitted. The plan
depicts a single access to Courthouse Road with gravel driveways and parking areas to the
front and rear of the existing structure. As previously noted, the applicant has converted the
single family house into a contractor's office. The recommended condkions insure that the
layout depicted on the plan will be the one requked should this request be approved;
however, the width of the circular driveway located to the front of the existing structure
would be limked so as to minimize the amount of parking that may occur in front of the
structure. The condkions are intended to maintain as much as practical the residential
character of the area.
CONCLUSIONS
The proposed zoning and land use do not conform to the Northern Area Plan which suggests the
property is appropriate for medium density residential use of 1.51 to 4.0 unks per acre. In addkion,
the proposed zoning and land use do not conform to existing and anticipated area residential
development. Approval of this request could establish a precedent for similar non-residential
development along this portion of the Courthouse Road Corridor. Over the years, there has been
pressure to allow non-residential uses along the Courthouse Road Corridor. Heretofore, there has
been general agreement that allowing non-residential uses without the benefit of a plan to guide the
appropriate location of such uses could lead to haphazard non-residential development along the
corridor. Such unplanned development could lead to typical strip commercial development which
has been experienced on other commercial corridors throughout the County. It is anticipated that
5 00SN0145/WP/FEB231
if this request is approved, additional pressure will be exerted to allow conversion of other homes
in the immediate vicinity of the request site.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (11/16/99):
At the request of the applicant, the Commission deferred this case to January 18, 2000, to
allow the applicant to amend the request and develop conditions for consideration should
approval be desired.
Staff (11/17/99):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than November 22, 1999, for consideration at the Commission's
January 18, 2000, public hear'rog. Also, the applicant was advised that a $150.00 deferral fee
must be paid prior to the Commission's public hearing.
Applicant (11/19/99):
The application was amended.
Applicant (12/14/99):
The deferral fee was paid.
Applicant (1/10/00):
Proffered condkions were withdrawn and staff developed the condkions stated herein.
6 00SN0145/WP/FEB231
Planning Commission Meeting (1/18/00):
The applicant did not accept staff's recommendation, but did accept the Commission's
recommendation.
There was no opposition present.
Mr. Litton indicated that he could support the request for a limited time period since the use
has existed for a number of years with no apparent adverse impact on the area.
Mr. Gulley indicated that while he would support this proposal, it should not be construed
that he would support further commercialization of the Courthouse Road Corridor.
On motion of Mr. Litton, seconded by Mr. Marsh, the Commission recommended approval
of this request subject to the conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, February 23, 2000, beginning at 7:00 p.m., will take under
consideration this request.
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Case #: 00SNO145 (AMENDEE
Rezoning: R-7 to A w/C.U.P.D.
Sheet #: 10
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