09SN0158
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09 SN0158
T.A. Investments
Dale Magisterial District
4107 Courthouse Road
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Apri129, 2009 B S
REQUEST: Conditional Use Planned Development to permit a contractor's office and exception
to paving requirements.
PROPOSED LAND USE:
The applicant has converted asingle-family residence into a contractor's office. The
use was approved through a previous zoning amendment for a limited period of
time. That time period has expired and the applicant wishes to continue the use.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval, if after consideration of public input, the Commission and Board
determine that continuation of the use will not adversely impact the area.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
(STAFF/CPC) 1. This use shall be limited to R.T. Avery III and/or Raymond T.
Avery IV for their use only and shall not be transferable or run with
the land. (P)
(STAFF/CPC) 2. There shall be no signs to identify this use. (P)
(STAFF/CPC) 3. There shall be no outside storage. (P)
(STAFF/CPC) 4. There shall be no dumpsters. (P)
(STAFF/CPC) 5. There shall be no deliveries by any vehicle exceeding 4,000 pounds
net weight and having more than two (2) axles. (P)
(STAFF/CPC) 6. 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)
(STAFF/CPC) 7. Except for security lighting, there shall be no exterior lighting. (P)
(STAFF/CPC) 8. There shall be no additions or exterior alterations to the structure to
accommodate this use. (P)
(STAFF/CPC) 9. The plan prepared by Balzer and Associates titled Avery Courthouse
Road -Minor Site Plan (O1PM0154) and dated September 26, 2000
and revised October 25, 2000 and submitted with the application,
shall be considered the Master Plan. (P)
GENERAL INFORMATION
Location:
East line of Courthouse Road, north of Harley Drive and better known as 4107 Courthouse
Road. Tax ID 749-683-7179.
E~sting Zoning:
A
Size:
0.7 acre
2 09SN0158-APR29-BOS-RPT
Existing Land Use:
Office
Adjacent Zoning and Land Use:
North, South and East - R-7; Single-family residential
West - A; Single-family residential
UTILITIES
Public Water Svstem:
The request site is within the Pocono Tank Water Pressure Zone. There is a twelve (12)
inch water line extending along the west side of Courthouse Road opposite this site. The
existing structure is connected to the public water system.
Public Wastewater Svstem:
The request site is within the Falling Creek Sewer Service Area. The public wastewater
system is not available to serve the request site. The closest extendable wastewater line is
a fifteen (15) inch wastewater trunk line that extends along a tributary of Falling Creek,
approximately 1,650 feet north of this site. Use of the public wastewater system is not
required.
Private Wastewater Svstem:
The existing structure is served by a private septic system. The Health Department must
approve any new septic system, or the expanded use of an existing septic system.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the rear and then via overland swales to tributaries of Falling
Creek. There are no existing or anticipated on- or off-site erosion problems.
There are no known on-site drainage problems; however, over the years there have been
some very minor off-site problems to the rear of the homes in Mayfair Estates. These
problems have been stabilized. Asphalting the parking and driveway would create a severe
drainage problem to the rear of several homes; therefore, the exception to the paving
requirement is supported.
3 09SN0158-APR29-BOS-RPT
PUBLIC FACILITIES
Fire Service:
The Rockwood Fire Station, Company Number 24, and the Manchester Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This request
will have a minimal impact on Fire and EMS.
Transportation:
This request will have a minimal impact on the existing transportation network.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for residential use of 1.0 - 2.5 dwelling units per acre.
Area Development Trends:
The area is characterized by single-family residential uses in the C.H. Horner Plan, Gleason
Estates and Mayfair Estates Subdivisions to the north, south and east and on acreage parcels
to the west. It is anticipated single-family residential uses will continue in this area, as
suggested by the Plan.
Zoning History:
On February 23, 2000, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning with Conditional Use Planned
Development to allow a contractor's office and exception to paving requirements (Case
OOSN0145). With the approval of Case OOSN0145, conditions were imposed which
included a time limitation for the request. The Conditional Use expired on February 23,
2004; however, the applicant failed to seek renewal until recently. Continued operation
of the business is desired.
Development Standards:
In conjunction with the submission of this application, a plan and proffered conditions were
submitted. The plan was proffered as a master plan and 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 proffered conditions are similar to the previously imposed
conditions and are intended to ensure maintenance of the residential character of the area.
(Proffered Conditions 1 through 9)
4 09SN0158-APR29-BOS-RPT
CONCLUSION
Staff did not support the original application because the use does not comply with the Plan. As
noted, however, the Commission and Board determined the use appropriate given the restrictions
offered.
If, after consideration of public input, the Commission and Board determine that continuation of
the use will not adversely impact the area, approval would be appropriate, subject to acceptance
of the proffered conditions.
CASE HISTORY
Applicant (3/17/09):
Revised proffered condition was submitted.
Planning Commission Meeting (3/17/09):
The applicant accepted the recommendation. There was no opposition present.
On motion of Dr. Brown, seconded by Mr. Bass, the Commission recommended approval
and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, April 29, 2009, beginning at 6:30 p.m., will take
under consideration this request.
5 09SN0158-APR29-BOS-RPT
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