11SN0179
CASE MANAGER: Jane Peterson
February 15, 2011 CPC
March 9, 2011 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
11SN0179
Thomas Kent Fink
Bermuda Magisterial District
East line of Branders Bridge Road
REQUEST:Conditional use approval to permit a landscape contracting business and storage
yard in an Agricultural (A) District.
PROPOSED LAND USE:
A landscape contractor’s shop and storage yard is currently being operated on the
site without the requisite conditional use. Conditional use approval 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.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A.The proposed land use does not conform to the Southern and Western Area Plan,
which suggests the property is appropriate for residential use of 2.51-4.0
units/acre.
B.The proposed land use is not representative of, nor compatible with, existing and
anticipated area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITIONS NOTED ONLY “CPC” ARE CONDITIONS
RECOMMENDEDBY THE PLANNING COMMISSION.)
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PROFFERED CONDITIONS
(CPC)1.This Conditional Use shall be granted to and for Thomas K. Fink,
exclusively, and shall not be transferable nor run with the land. (P)
(CPC)2.This Conditional Use shall be for the operation of a landscape contractor’s
shop and storage yard. (P)
(CPC)3.This Conditional Use shall be granted for a period not to exceed three (3)
years from the date of approval. (P)
(CPC)4.A maximum of thirty-five (35) employees shall be permitted on the
property at any time. (P)
(CPC)5.All vehicles, equipment storage and improvements associated with this
business, exclusive of access, shall be located a minimum of 550 feet from
the ultimate right of way of Branders Bridge Road as generally shown on
the attached map (Area of Operation). (P)
(CPC)6.Exclusive of access, this operation shall be limited to the existing
improvements noted as follows:
a.Garage (1300 square feet)
b.Two Carports (400 square feet each)
c.Pole Barn (900 square feet)
d.Storage Building (400 square feet)
e.Vehicle and Equipment Parking (1600 square feet) (P)
(CPC)7.Other than the vehicle parking and equipment storage areas identified in
Proffered Condition 6, there shall be no additional outside storage. (P)
(CPC)8.No additions or exterior alterations shall be permitted to any buildings to
accommodate this use. (P)
(CPC)9.No clients shall be permitted on the property. (P)
(CPC)10.Hours of operation shall be limited to between 7:00 a.m. and 5:30 p.m.,
Monday through Friday. (P)
(CPC)11.There shall be no signs identifying this use. (P)
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GENERAL INFORMATION
Location:
The request property is located along the east line of Branders Bridge Road, south of Treely
Road. Tax IDs 789-635-6055 and 6921.
Existing Zoning:
A
Size:
12.1 acres
Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North -A; Single-family residential
South -A; Vacant
East -A and R-12; Vacant
West -A; Vacant
UTILITIES
Public Water and Wastewater Systems:
The site is currently using private well and septic for the existing residential structure. Any
additional structures will be required to connect to the public water and wastewater system
in accordance with County Code. There is an eight (8) inch water line that extends along
Whitehouse Road approximately 7,000 feet southeast of the site. There is an eight (8) inch
wastewater line extending from Harrmeadow Lane to the boundary of the Harrowgate
Meadows Subdivision approximately 620 feet south of the site.
Private Well and Septic Systems:
The Health Department must approve any new private systems or expanded usage of
these systems to service this site.
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ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Chester Fire Station, Company Number 1, 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:
Trip generation rates are not available for the applicant’s requested use; however, he has
indicated that it will generate approximately fifty (50) vehicles per day. Based on this
information and Proffered Condition 2 that limits the use to a period of three (3) years,
this request will have a minimal impact on the transportation network.
Virginia Department of Transportation (VDOT):
A commercial entrance(s), with appropriate sight distance shall be provided. VDOT review
will be made at time of construction plan submittal.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Southern and Western Area
Plan, which suggests the property is appropriate for residential use of 2.51-4.0 units/acre.
Area Development Trends:
Neighboring properties along Brander’s Bridge Road are zoned Agricultural (A) and
developed for single-family residential use or are currently vacant. Properties to the east
have been zoned and recorded for residential development (Harrowgate Meadows
Subdivision). Property to the northwest has been zoned for a large residential development
commonly known as Branner Station. It is anticipated that residential development will
continue in this area at densities suggested by the Plan.
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Uses:
The applicant’s parents currently reside on a portion of the subject property. The applicant
indicates that this landscaping operation began as a home-based business. The applicant no
longer resides on the property.
Proffered conditionswould restrict the operation to a landscape contractor’s shop and
storage yard for the applicant only (Proffered Conditions 1 and 2). The applicant has
indicated that he is currently seeking another location for this operation and, as such, has
proffered a time limitation of three (3) years for this conditional use approval (Proffered
Condition 3).
Generally, the applicant has indicated that the business (landscape contracting) would
involve employees entering the property to retrieve and return equipment, perform repairs
on equipment and attend periodic employee meetings. Proffered limitations address the
number of employees on the property. No clients would be permitted on the property.
(Proffered Conditions 4 and 9)
Site Design:
Proffered Conditions have been offered to limit this operation to the existing improvements.
Specifically, Proffered Condition 8 would preclude additions and exterior alterations to any
structures on the property for this use, thereby limiting the business to the buildings and
parking/storage areas noted in Proffered Condition 6. With the exception of storage
accommodated in this specified area, no additional outside storage would be permitted.
(Proffered Condition 7)
Proffered Condition 5 affirms the minimum distance that this operation is located from
Branders Bridge Road resulting in minimal visibility from this corridor.
Hours of Operation and Signage:
Proffered conditions would limit the days and hours of operation. No signage would be
permitted to identify this use.(Proffered Condition 10 and 11)
CONCLUSION
The proposed contractor’s shop and storage yard use does not comply with the Planand is not
representative of existing and anticipated area development patterns.
Given these considerations, denial of this request is recommended.
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CASE HISTORY
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Planning Commission Meeting (2/15/11):
The applicant did not accept staff’s recommendation, but did accept the Planning
Commission’s recommendation. There was no opposition present.
There was support present noting the economic benefit to the County of small, locally-
owned businesses and the applicant’s history of good and reliable service and respect for
employees.
Mr. Hassen noted his comfort with the proffered time limitation given the potential for
area development as suggested by the Plan.
On motion of Mr. Hassen, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday, March 9, 2011, beginning at 6:30 p.m., will take
under consideration this request.
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11SN0179-1