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11SN0200CASE MANAGER: Robert Clay .~-- .~~ r { ~f ' { ~ I-~~iY~ ry ~~ { ~~F'ti :.'f ~~~ ~}~f • ~r , r,'+irl .rF i . ~. B S Time Remaining 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION June 15, 2011 BS 11 SN0200 Chesterfield County Board of Supervisors Bermuda Magisterial District 2407 Sherbourne Road RE VEST: Conditional use planned development approval to permit a metal detector sales and service use in a Residential (R-7) District. PROPOSED LAND USE: A metal detector sales and service business currently operates on the property without the requisite zoning approval. This proposal, if approved, would bring the use into compliance with the Zoning Ordinance. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The proposal does not conform to the Jefferson Davis Corridor Plan, which suggests the property is appropriate for residential use of 2.51- 4 units/acre. B. The proposal is not representative of, or compatible with, existing area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OwNER(S) MAY PROFFER CONDITIONS. CONDITIONS NOTED WITH ONLY A "CPC" ARE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) Providing a FIRST CHOICE community through excellence in public service CONDITIONS (CPC) 1. This conditional use planned development approval shall be granted to and for Wayne Aldridge only and shall not be transferrable or run with the land. (P) (CPC) 2. This conditional use planned development approval shall be granted to allow the sale and servicing of metal detection devices only. (P) (CPC) 3. This use shall be limited to the existing improvements on the property. Other than cosmetic improvements there shall be no additions or modifications to the existing structures to accommodate this use. (P) (CPC) 4. There shall be no signs permitted to identify this use. (P) GENERAL INFORMATION Location: The request property is located on the south line of Sherbourne Road, east of Jefferson Davis Highway and is better known as 2407 Sherbourne Road. Tax ID 791-683-9614. Existin.~g: R-7 Size: .7 acre Existin Land Use: Commercial, without the requisite zoning approval. Adjacent Zoning and Land Use: North, South, East and West - R-7; Single-family, two-family and multi-family residential. The site is not connected to the public water or wastewater systems. This request will not impact the public water or wastewater systems. ENVIRONMENTAL This request will have no impact on these facilities. 2 11SN0200 JUN15-BOS-RPT PUBLIC FACILITIES Fire Service: The Bensley Fire Station, Company Number 3, currently provides 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 of the property will have a minimal impact on the existing transportation network. Vir ing is Department of Transportation (VDOT): VDOT has no comments on this request. T .ANTS T 1CF. Comprehensive Plan: The subject property is located within the boundaries of the Jefferson Davis Corridor Plan, which suggests the property is appropriate for residential use of 2.51- 4 units/acre. Area Development Trends: The area is characterized by single-family and two-family residential development in the Olive Hill and Village of Bensley subdivisions to the north, east and west and by the North Oaks Apartments to the south. These types of residential uses are expected to continue in this area, as suggested by the Plan. Use: The existing metal detector sales and service business is located in a small building of approximately 450 square feet on the subject property. Mr. Wayne Aldridge has been using this structure for business purposes for many years without proper zoning. CONCLUSION The proposal does not conform to the Jefferson Davis Corridor Plan, which suggests the property is appropriate for residential use of 2.51- 4 units/acre. In addition, the proposal is not representative of and compatible with existing area development. Given these considerations, denial of this request is recommended. 3 11SN0200 JUN15-BOS-RPT CASE HISTORY Planning Commission Meeting (5/17/1 l): Mr. Wayne Aldridge, the operator of the business in question, did not accept staff s recommendation, but did accept the Planning Commission's recommendation. There was support present noting that the business had been at its present location for more than thirty (30) years; the business has never been a problem; and there is little traffic from the business. In addition, a petition with fourteen (14) signatures of support was presented. Mr. Hassen stated he did not normally support businesses in a residential area. However, given the infrequent nature this may not be a true business; there have been no complaints; there is adequate off street parking; the use has been there for many years; and that a petition of support was submitted, Mr. Hassen supported this particular request. On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended approval subj ect to the conditions on page 2. AYES :Messrs. Bass, Brown, Gulley, Hassen and Waller. The Board of Supervisors, on Wednesday, June 15, 2011 beginning at 6:30 p.m., will take under consideration this request. 4 11SN0200 JUN15-BOS-RPT