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09SN0165~~_f.. ,~__~=~; ~.~ ~~~ ~~~T STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 09SN0165 Scott and Kim Price Matoaca Magisterial District 20221 Woodpecker Road May 27, 2009 B S REQUEST: Conditional Use to permit a business (contractor's office and storage yard) incidental to a dwelling. PROPOSED LAND USE: A contractor's office and storage yard is currently being operated on the site without the requisite Conditional Use. A Conditional Use is requested to bring the use into compliance with the Ordinance. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The proposed zoning and land use fail to conform to the Ettrick Village Plan which suggests the property is appropriate for residential use of 2.5 or less units per acre. B. The proposed land use is not representative of, nor compatible with, existing and anticipated area residential development. (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 Providing a FIRST CHOICE community through excellence in public service "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS 1. This Conditional Use shall be granted to and for Scott and Kim Price, exclusively, and shall not be transferable nor run with the land. (P) 2. This Conditional Use shall be for the operation of a contractor's office and storage yard. (P) 3. A maximum of eight (8) employees shall be permitted on the property at any time other than family member employees that live on the property. (P) 4. A maximum of eight (8) motor vehicles used in conjunction with this business shall be parked on the site at any time. On-site parking for employees shall also be permitted. (P) 5. A maximum of two (2) utility trailers associated with this business, each not to exceed two (2) axles and twenty (20) feet in length, shall be stored at the site at any time. (P) 6. Other than the vehicle parking and trailer storage identified in Proffered Conditions 4 and 5, there shall be no outside storage. (P) 7. All vehicles and trailers associated with this business shall be parked/stored a minimum of 550 feet from the ultimate right of way of Woodpecker Road and a minimum of 100 feet from any adjacent property. a. Views of vehicle parking and trailer storage shall be screened from Woodpecker Road by existing buildings and a privacy fence, a minimum of six (6) feet in height. b. Views of vehicle parking and trailer storage shall be minimized from properties to the north, south and east with the provision of fifty (50) foot buffers. These buffers shall comply with the requirements of the Ordinance for fifty (50) foot buffers. (P) 8. Within thirty (30) days of approval of this request, the applicants shall submit a plan depicting the requirements noted in Proffered Condition 7 for approval by the Planning Department. In conjunction with this review, a phasing plan for the installation of required fencing and landscaping shall be reviewed and approved. (P) 2 09SN0165-MAY27-BOS-RPT 9. No clients shall be permitted on the property. (P) 10. Hours of operation shall be limited to between 7 a.m. and 6:00 p.m., Monday through Friday. (P) 11. No additions or exterior alterations shall be permitted to the dwelling or accessory buildings to accommodate this use. (P) 12. There shall be no signs identifying this use. (P) 13. Prior to any site plan approval or within ninety (90) days of a request by the Transportation Department, whichever occurs first, forty-five (45) feet of right of way measured from the centerline of Woodpecker Road immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 14. Direct vehicular access from the property to Woodpecker Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) GENERAL INFORMATION Location: East line of Woodpecker Road, south of Bollinger Drive, and better known as 20221 Woodpecker Road. Tax ID 793-615-9041. Existing Zoning: A Size: 12.4 acres Existing Land Use: Single family residential Adjacent Zoning and Land Use: North and South - A; Residential or Vacant East - R-7; Residential or Vacant West - A, R-9 and G5; Residential or Commercial 3 09SN0165-MAY27-BOS-RPT UTILITIES Public Water System: The request site is within the Matoaca Tank Water Pressure Zone. There is an existing sixteen (16) inch water line extending along the western side of Woodpecker Road opposite the request site. This site is connected to the public water system. Public Wastewater Svstem: The request site is within the Appomattox River Sewer Service Area. There is an existing eight (8) inch wastewater collector line extending along Laurel Road, approximately 475 feet east of this site. The existing dwelling is served by a private septic system. The request site is located on property that is included in the Ettrick Village Land Use Plan. While use of public wastewater is required by County Code for structures authorized by Conditional Use granted after November 12, 2003 within the Ettrick Village Plan, exception is granted for a use (home business) incidental to the principal use (a dwelling) that was previously allowed with a septic system. Use of the public wastewater system will not be required. Private Septic System: The Health Department must approve any new septic system or expanded usage of an existing septic system to serve this site. ENVIRONMENTAL This request will have no impact on these facilities. PUBLIC FACILITIES Fire Service: The Ettrick Fire Station Number 12 currently provides fire protection and Ettrick Matoaca Volunteer Rescue Squad provides emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. Transportation: The applicants are requesting a Conditional Use to permit a contractor's office and storage yard. Trip generation rates are not available for this particular use, but the traffic impact is anticipated to be minimal. The property is located on the east side of Woodpecker Road just south of Bollinger Drive. The Thoroughfare Plan identifies Woodpecker Road as a major arterial with a recommended right of way width of ninety (90) feet. The applicants have proffered to 4 09SN0165-MAY27-BOS-RPT dedicate forty-five (45) feet of right of way adjacent to the property in accordance with the Plan. (Proffered Condition 13) In order to minimize conflict points and reduce the potential for accidents, access to major arterials should be controlled. The applicants have proffered to limit access to Woodpecker Road to one (1) entrance/exit. (Proffered Condition 14) VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Analysis (TIA) requirements, have recently been enacted. At this time, it is uncertain what impact VDOT's regulations will have on the development process or upon zonings approved by the county. The applicant has indicated that a Chapter 527 TIA is not required for this rezoning request. VDOT's Access Management Regulations were enacted on July 1, 2008 and currently apply to roads that are classified by VDOT as principal arterials. On October 1, 2009, these regulations will apply to minor arterials, such as Woodpecker Road. At this time, it is unclear what impact these regulations will have on development of the property. Virginia Department of Transportation: This request is for a contractor's office and storage yard located on 20221 Woodpecker Road. The information included with this request does not provide specific information necessary to determine the traffic volumes generated however at a minimum the existing entrance shall be upgraded to meet requirements of a VDOT standard commercial entrance on Woodpecker Road. Any proposed modifications to existing state maintained facilities required as a result of this proposal shall be the responsibility of the developer. All improvements within state maintained right-of--way shall be designed and constructed in accordance with current VDOT standards and specifications. • The issuance of a VDOT Land Use Permit is required prior to any construction activity within the right-of--way limits of Woodpecker Road. • The Virginia Department of Transportation (VDOT) requires that a commercial entrance be provided onto Woodpecker Road, State Route 627. This entrance shall be paved to the right-of--way line a sufficient thickness to support the vehicular traffic using this access. • Adequate intersection sight distance shall be obtained at the proposed access onto VDOT maintained roads and shown on the plans. 5 09SN0165-MAY27-BOS-RPT LAND USE Comprehensive Plan: Lies within the boundaries of the Ettrick Village Plan which suggests the property is appropriate for residential use of 2.5 or less units per acre. Area Development Trends: Adjacent properties to the east and along the west line of Woodpecker Road are developed as part of the Laurel Branch Farms and Bollinger Estates Subdivisions. Other area properties are zoned Agricultural (A) and are occupied by single family dwellings or are zoned General Commercial (C-5) and occupied by a commercial use. It is anticipated that residential development will continue in the surrounding area at densities suggested by the Plan. Uses: Proffered conditions would restrict the operation to a contractor's office and storage yard for the applicants only (Proffered Conditions 1 and 2). Generally, the applicants have indicated that the business (heating and air and residential construction) would involve employees entering the property in the morning to pick up company vehicles/trailers and returning to the property in the afternoon to leave the company vehicles and retrieve their personal vehicles. Proffered limitations limit the number of company vehicles and trailers parked and stored on the property and the number of employees, other than family members who live on the site. No clients would be permitted on the property. (Proffered Conditions 3, 4, 5 and 9) Site Design: Proffered Condition 11 would preclude additions and exterior alterations to any structures on the property for this use, thereby limiting the business to the existing dwelling and accessory structures. With the exception of the permitted company vehicle and trailer parking, no outside storage would be permitted. (Proffered Condition 6) Hours of Operation and Signage: Proffered Condition 10 would limit the days and hours of operation. No signage would permitted to identify this use. (Proffered Condition 12) Buffers and Fencing: Proffered conditions address the visibility of the vehicle parking and trailer storage areas from Woodpecker Road as well as surrounding properties. Specifically, a combination of setbacks, existing buildings and fencing would screen the view of these areas from 6 09SN0165-MAY27-BOS-RPT Woodpecker Road. Vegetated buffers and setbacks would minimize the parking views from adjoining properties (Proffered Condition 7). Proffered Condition 8 would require the submittal of a plan depicting these improvements along with a phasing plan committing to their installation. CONCLUSION The proposed zoning and land uses do not conform to the Ettrick Village Plan which suggests the property is appropriate for residential use of 2.5 or less units per acre. In addition, the proposed land use is not representative of, nor compatible with, existing and anticipated area residential development. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (4/21/09): The applicant did not accept the recommendation. There was no opposition present. Mr. Bass noted that the request was inconsistent with the recommendations of the Plan. On motion of Mr. Bass, seconded by Mr. Waller, the Commission recommended denial of the request. AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller. The Board of Supervisors, on Wednesday, May 27, 2009, beginning at 6:30 p.m., will take under consideration this request. 09 SN0165-MAY27-BOS-RPT `~\~\~~ ~~~ z 'z 0 J ~::::::: ~~~ U Q 4 "__" _., _ f_. ~~ ~_ - - ~ ~ ~~ . ~ ~ ~ i ~ i ~ / ~ W w z~cn '~ o ~ z \~ ~ I _ ~ 0 //_~~ ~ ~ V ~ o ~ a \ w ~ 0 .,, ' - - ~~ i U ~ ° W 0 ~. a~ a~ o ~ ~ ~ 0 0 0 M O O