09SN0173
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0173
Cheryl Parrish
Midlothian Magisterial District
10416 Robious Road
May 27, 2009 B S
REQUEST: Conditional use to permit a business (beauty shop) incidental to a dwelling unit.
PROPOSED LAND USE:
In addition to continuing the single-family residential use, the applicant proposes a
beauty shop incidental to the dwelling.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: Messrs. Gulley, Bass and Hassen.
NAYS: Messrs. Brown and Waller.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed zoning and land use do not conform to Northern Area Plan which
suggests the property is appropriate for medium density residential use of 1.51 to
4.0 units/acre.
B. The proposed zoning and land uses are not representative of, or compatible with,
existing and anticipated area 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
Providing a FIRST CHOICE community through excellence in public service
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
1. The business shall be located within the dwelling unit. Except for a sign affixed to
the dwelling structure or alterations to meet Americans with Disabilities Act (ADA)
or other building code requirements, there shall be no additions or alterations to the
structure to accommodate this use. (P)
2. There shall be a maximum of two (2) people working on the premises at any given
time, which shall include the applicant (Cheryl Parrish) and one (1) employee. (P)
3. There shall be no free standing sign permitted to identify this use. (P)
4. This Conditional Use shall be granted to and for Cheryl Parrish and any legal
entity of which she maintains a 100% ownership interest and shall not be
transferrable or run with the land. (P)
5. This use shall not be open to the public before 8:00 a.m. and after 7:00 p.m.
Monday through Saturday. The use shall not be open to the public on Sunday.
(P)
GENERAL INFORMATION
Location:
East line of Robious Road, south of Knollwood Drive and better known as 10416 Robious
Road. Tax IDs 747-711-3950 and 4445.
Existing Zonin
R-7
Size:
0.7 acres
Existing Land Use:
Single-family residential
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Adjacent Zoning and Land Use:
North, South and East - R-7; Single-family Residential
West - A; Vacant
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Public Water System:
The request site is within the Robious Tank Water Pressure Zone. There is a sixteen (16)
inch water line extending along the south side of Robious Road opposite this site. The
existing dwelling is connected to the public water system. Use of the public water system is
required by County Code for any future structure built on this site.
Public Wastewater S.. sue:
The request site is within the Powhite Sewer Service Area. There is an eight (8) inch
wastewater collector line extending within an easement from Ryecove Lane to the
northern boundary of this site. The existing dwelling is connected to the public
wastewater system. Use of the public wastewater system is required by County Code for
any future structure built on this site.
ENVIRONMENTAL
This requested amendment will have no impact on these facilities.
PUBLIC FACILITIES
Fire Cervire•
The Bon Air Fire Station 4 currently provides fire protection and Forest View Volunteer
Rescue Squad Station 2 provides emergency medical service (EMS). This request will have
a minimal impact on Fire and EMS.
Transportation:
The property is located on the north side of Robious Road between Midlothian Turnpike
(Route 60) and Early Settlers Road. This section of Robious Road had a 2006 traffic
count of 19,327 vehicles per day and, based on the volume of traffic it carried during
peak hours, was functioning at an acceptable level of service, C. Robious Road, adjacent
to the property, is a four (4) lane, divided facility with sidewalks along both sides of the
roadway. This request will have a minimal impact on the transportation network.
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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 apply to
roads that are classified by VDOT as principal arterials. On October 1, 2009, these
regulations will apply to minor arterials, such as Robious Road. At this time, it is unclear
what impact these regulations will have on development of the property.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests the property is
appropriate for medium density residential use of 1.51 to 4.0 units/acre.
Area Development Trends:
The area is characterized by Residential (R-7) zoning and single-family residential uses in
Bon Air Terrace subdivision to the north, south and east and vacant Agricultural (A)
property to the west. Single-family residential development is expected to continue in this
area as suggested by the Plan.
Use:
The Ordinance allows a Special Exception from the Board of Zoning Appeals for a one (1)
chair beauty shop. The applicant desires to have more than one chair and therefore, a
Conditional Use is required. The applicant has not restricted the number of chairs.
Development Standards:
The applicant has offered proffered conditions in an effort to maintain the residential
character of the area. Specifically, the proposed use will be located within the dwelling unit
and that there will be no freestanding sign permitted (Proffered Conditions 1 and 3). The
applicant has agreed to preclude additions and alterations to the dwelling to accommodate
this use, except under certain circumstances. It should be noted, while the applicant has
agreed to prohibit freestanding signage, the Ordinance would allow up to one (1) square foot
of building mounted signage for this use.
The applicant has also agreed to limit the number of workers allowed on the property at any
one time to two (2) including the applicant (Proffered Condition 2). If this request is
approved, it may be necessary for the applicant to provide additional off-street parking. The
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use has been further restricted to the applicant or an entity owned by the applicant (Proffered
Condition 4). This would preclude the transfer of the use to someone other than the
applicant.
Also, to address concerns expressed relative to hours of operation, the applicant has agreed
to limit hours the use maybe open to the public. (Proffered Condition 5)
CONCLUSION
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/acre. In addition,
the proposal is not representative of, or compatible with, existing and anticipated area
development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (4/7/09 and 4/15/09):
The applicant submitted revised proffered conditions.
Planning Commission Meeting (4/21/09):
The applicant did not accept the recommendation. There was no opposition present.
In response to questions from Mr. Waller, Mr. Shewmake stated that the traffic impact on
the neighborhood would be very minimal as the entrance was on Robious Road.
Mr. Hassen noted he would not support the case because it was a commercial use in a
residential area, and because of the impact on the neighborhood.
Mr. Gulley stated that he would not support the case due to a prior commitment to limit
commercial development along Robious Road.
Mr. Waller made a motion to approve the request and accept the proffered conditions on
page 2. His motion was seconded by Dr. Brown. A vote on the motion was as follows:
AYES: Messrs. Brown and Waller.
NAYS: Messrs. Gulley, Bass and Hassen.
Due to a lack of a maj ority, the motion failed.
09 SN0173-MAY27-BOS-RPT
An alternative motion was then made.
On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended denial.
AYES: Messrs. Gulley, Bass and Hassen.
NAYS: Messrs. Brown and Waller.
The Board of Supervisors, on Wednesday, May 27, 2009, beginning at 6:30 p.m., will take under
consideration this request.
09 SN0173-MAY27-BOS-RPT
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