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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
lOSN0160
Kelly Brod, Ryan Homes
Dale Magisterial District
5509 Belle Pond Drive
RE VEST:
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March 10, 2010 BS
Conditional Use to permit a model home in a Residential Townhouse (R-TH)
District.
PROPOSED LAND USE:
A model home is currently being used as a temporary real estate office to market
houses outside of the development in which the model home is located without
the requisite Conditional Use. A Conditional Use is requested to bring this use
into compliance with the Ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION 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 Central Area Plan which suggests the
property is appropriate for residential use of 7.01 dwelling units per acre or more.
B. The proposed use is not 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 ONLY A "CPC" ARE
CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
(CPC) A model home shall be permitted, provided that:
(1) In addition to its permanent use as a dwelling, such home may be
used as a temporary real estate office for the purpose of marketing
Belfair Townhouse subdivision, located along Belrun Road.
(2) This temporary real estate office shall be limited to a period of two
(2) years from the date of approval of this Conditional Use.
(3) The dwelling is not the primary real estate office for the company
marketing the subdivision.
(4) The dwelling is not used as a construction office or for the storage
of construction equipment and/or materials. (P)
GENERAL INFORMATION
South line of Belle Pond Drive, west of Belmont Road, and better known as 5509 Belle
Pond Drive. Tax ID 772-692-4559.
Existin.~g:
R-TH with Conditional Use Planned Development
Size:
0.1 acre
Existing Land Use:
Residential Townhouse
Adjacent Zoning and Land Use:
North, South, East and West - R-TH with Conditional Use Planned Development;
Residential townhouses
Public Water and Wastewater S,, std:
The site is currently connected to public water and wastewater.
2 10SN0160-MAR10-BOS-RPT
ENVIRONMENTAL AND PUBLIC FACILITIES
This request will have no impact on these facilities.
T , ANn 1 IMF,
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for residential use of 7.01 dwelling units per acre or more.
Area Development Trends:
The request property is a townhouse lot within the Belle Spring Townes development and
is surrounded by other townhouse units and common area within the development. Belle
Spring Townes is bounded to the north and west by Lantern Ridge and Squire Hill
Apartments, respectively and to the south by single-family residential units in the
Orchard Acres subdivision. A child day care center is developed on adjacent property to
the east, across Belmont Road. It is anticipated residential development consistent with
that suggested by the Plan will continue in this area.
Zonin H.~ istory:
On May 25, 2005, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved Residential Townhouse (R-TH) zoning on the request
site and surrounding property (Case 05SN0218). Subsequently, Belle Spring Townes
townhomes has developed on the property.
Current Request:
In residential districts, model homes used as temporary real estate offices are permitted
subject to certain restrictions. If any of these restrictions cannot be met, a Conditional
Use is required. These restrictions are designed to insure that the use is temporary; that it
directly serves the community within which it is located; and that it does not create
adverse impacts upon the surrounding residential development.
Currently, a model home located within the completed subdivision of Belle Spring
Townes is being used as a temporary real estate office to market Belfair Townhouses, a
separate community currently under construction and located more than 2,000 feet west
of the model home. Give that this office is not located within the marketed community, a
Conditional Use is required.
CONCLUSIONS
The proposed use of a model home as a temporary real estate office in one development (Belle
Spring Townes) to market properties in a separate development (Belfair Townhomes) represents
encroachment of an office use into a residential area. As such, this request does not conform to
the Central Area Plan which suggests the property is appropriate for residential use of 7.01
3 10SN0160-MAR10-BOS-RPT
dwelling units per acre or more. Further, this office use is not representative of, nor compatible
with, neighboring residential development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (1/19/10):
There was no one present to represent the case. On their own motion, the Commission
deferred this case to their February 16, 2010 public hearing.
Staff (1 /20/ 10)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 25, 2010 for consideration at the Commission's
February public hearing.
Staff (1 /26/ 10)
To date, no new information has been received.
Planning Commission Meeting (2/16/10):
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
Mr. Waller stated that he could support the case with a two (2) year time limit. The
applicant agreed to this change.
On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, March 10, 2010, beginning at 6:30 p.m., will take
under consideration this request.
4 10SN0160-MAR10-BOS-RPT
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