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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
lOSN0133
Costella Hall
Bermuda Magisterial District
10201 and 10211 Elokomin Avenue
February 24, 2010 BS
RE VEST: Conditional Use to permit motor vehicle repair incidental to a dwelling.
PROPOSED LAND USE:
A motor vehicle repair facility is currently being operated on the site without the
required Conditional Use. A Conditional Use is requested to bring the use into
compliance with the Ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
AYES: MESSRS. BROWN, HASSEN, BASS AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed use does not conform to the Jefferson Davis Corridor Plan which
suggests the property is appropriate for regional mixed use.
B. The proposed use is incompatible with existing and anticipated area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "CPC" ARE CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
(CPC) 1. This Conditional Use shall be granted to and for Costella H. Hall,
exclusively, and shall not be transferable or run with the land. (P)
(CPC) 2. This Conditional Use shall be granted for a period not to exceed three (3)
years from the date of approval. (P)
(CPC) 3. This Conditional Use shall be limited to the operation of a motor vehicle
repair facility incidental to a dwelling. Other than the applicant, only two
(2) employees shall be allowed in conjunction with this use. (P)
(CPC) 4. Hours the use may be open to the public shall be restricted to between
8:00 a.m. and 5:00 p.m., Monday through Friday, and between 9:00 a.m.
and 12:00 p.m. on Saturday. The use shall not be open to the public on
Sunday. (P)
(CPC) 5 . One (1) sign shall be permitted to identify this use. Such sign shall not
exceed one (1) square foot in area and shall not be illuminated. (P)
(CPC) 6. There shall be no outside storage of junk vehicles, automobile parts, or
other miscellaneous debris associated with this use. No more than three (3)
vehicles awaiting repair shall be stored outside overnight at any one time.
(P)
(CPC) 7. This use shall be conducted within an enclosed structure. (P)
(CPC) 8. Except for 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 & BI)
(CPC) 9. Used motor oil and/or other automobile fluids shall be disposed of at a
facility authorized by the state to receive such products. (P)
GENERAL INFORMATION
T nrati nn
East line of Elokomin Avenue, north of Wonderview Drive, and better known as 10201 and
10211 Elokomin Avenue. Tax IDs 795-666-5531 and 5823.
Existing Zoning:
R-7
2 10SN0133-FEB24-BOS-RPT
Size:
0.5 acre
Existin Land Use:
Single-family residential with incidental commercial use
Adjacent Zoning and Land Use:
North and West - C-5; Commercial
South and East - R-7; Single-family residential or vacant
T 1TTT ,TTTF,~
Public Water System:
This request will not impact the public water system.
Public Wastewater System:
The site is currently connected to the public wastewater system.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire service:
The Centralia Fire Station, Company Number 17, and Bensley Bermuda Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This request
will have a minimal impact on Fire and EMS.
County Department of Transportation:
The proposed use will have a minimal impact on the existing transportation network.
Virginia Department of Transportation:
The applicant has indicated, on the submitted documentation, that the described use will be
limited to approximately three (3) vehicles per day. Since the use for the two (2) adjacent
3 10SN0133-FEB24-BOS-RPT
sites is equal to, or less than, that for two (2) dwellings, a commercial entrance will not be
require .
T . ANTS T 1CF.
Comprehensive Plan:
Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the
property is appropriate for regional mixed use. Commercial, office and light industrial
development which serves a regional market, including large scale developments,
corporate offices and supporting retail uses are the type uses recommended for a regional
mixed use area. The Plan suggests such developments should consist of an aggregation
o properties.
Area Development Trends:
The area is characterized by commercial zoning and land uses to the north and west. Single-
family residential zoning and residential uses and vacant lots in the Halfway House Heights
subdivision are located on property to the south and east. It is anticipated a regional mixed
use project, consisting of an aggregation of parcels, will develop in this area, as suggested
by the Plan.
Zonin H.~ istory:
On February 3, 1988, the Board of Zoning Appeals granted a Special Exception to
Earnest Clifton Hall, III to permit the operation of an automotive repair shop on the
request property (Case 88A007). With the approval of Case 88A007, conditions were
imposed, including a 1-year time limit, in an effort to minimize any adverse impact the
use might have on area residential development.
On April 5, 1989, the Board of Zoning Appeals granted a Special Exception to Daniel F.
Hall to permit the operation of an automotive repair shop for one (1) year on the request
property, subject to the conditions. (Case 89AN0188)
On July 11, 1990, the Board of Zoning Appeals granted a Special Exception to Costella
H. Hall to permit the operation of an automotive repair shop for three (3) years on the
request property, subj ect to conditions. (Case 90AN0221)
On July 7, 1993, the Board of Zoning Appeals granted a renewal of Special Exception
90AN0221 to Costella H. Hall to permit the operation of an automotive repair shop from
the home for seven (7) years on the request property, subject to conditions (Case
93AR0222). This Special Exception expired in July of 2000, yet the operation has
continue .
4 10SN0133-FEB24-BOS-RPT
Operational Standards:
The property is occupied by asingle-family residence and aone-bay garage. Automobile
repair services are to continue to take place in the garage. The applicant has offered
conditions in an effort to minimize any negative impact this use might have on area
residential development. These conditions limit the use to the applicant and provide an
approval time period of no more than three (3) years (Proffered Conditions 1 and 2); limit
the number of employees involved in the motor vehicle repair operation to two (2)
(Proffered Condition 3); restrict the hours the use may be open to the public (Proffered
Condition 4); and addresses the disposal of automobile fluids (Proffered Condition 9). It
should be noted that these hours of operation would not limit the actual repair work on
motor vehicles; only when customers are permitted on the property.
51:
The Ordinance permits a sign, not to exceed one (1) square foot in area, for the purpose
of displaying the name of a home occupation or a business incidental to a residential use
provided the sign is not illuminated. (Proffered Condition 5)
Site Design:
In an effort to maintain the residential character of the property, the applicant has offered
several conditions which would address the appearance of the use. Specifically, limitations
are offered on outside storage of vehicles; location of repair services; and additions or
alterations of the buildings to accommodate the use. (Proffered Conditions 6, 7 and 8)
CONCLUSION
The proposed use does not conform to the Jefferson Davis Corridor Plan which suggests the
property is appropriate for regional mixed use. In addition, the proposed use is incompatible
with existing and anticipated area development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (1/19/10):
The applicant did not accept Staff s recommendation but did accept the recommendation
of the Planning Commission. There was support present noting it is a family-owned
business that has operated for many years; there is a proffered time limit; and the area has
changed.
5 10SN0133-FEB24-BOS-RPT
Mr. Hassen indicated he was comfortable supporting the case with a time limit of three
(3) years and encouraged the applicant to adhere to the conditions.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, February 24, 2010, beginning at 6:30 p.m., will take
under consideration this request.
6 10SN0133-FEB24-BOS-RPT
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