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11SN0208CASE MANAGER: Jane Peterson .~-- .~ ry ~~ { ~~F'ti :.'f {~~.~ i ~~~r r~ ~f .rF I . ~. B S Time Remaining 365 Days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION ,T~o~~~~n~~ rnr August 24, 2011 BS 11 SN0208 Gerald V. Notare Clover Hill Magisterial District North line of West Providence Road RE VEST: Conditional use approval to permit a business (paving contractor) incidental to a dwelling in an Agricultural (A) District. PROPOSED LAND USE: An asphalt contractor's office 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 PAGES 2 AND 3. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The proposed land use does not conform to the Northern Area Plan, which suggests the property is appropriate for residential use of 1.51 to 4.0 units/acre. B. The proposed land use is not representative of, nor compatible with, existing and anticipated area residential development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITIONS NOTED WITH "CPC" ARE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITIONS (cPC) ~cPC~ (cPC) ~cPC~ (cPC) (cPC) (cPC) 1. This Conditional Use shall be granted to and for Gerald V. Notare exclusively, and shall not be transferable nor run with the land. (P) 2. This Conditional Use shall be for the operation of a paving contractor's office and storage. (P) 3 . This Conditional Use shall be granted for a period not to exceed one (1) year from the date of approval. (P) 4. A maximum of one (1) employee/partner shall be permitted on the property at any time. (P) 5. Vehicles and equipment shall be limited as follows: a. one (1) tandem truck b. one (1) trailer not longer than 25 feet c. one (1) Paver Gehl 1648 Model d. one (1) Roller Stone Model 4199 e. one (1) Skid Steer 257 B Caterpillar f. one (1) pickup truck (P) 6. With the exception of one (1) pickup truck, all vehicles and equipment storage associated with this business shall be located in rear of property, behind the house, and no closer than (15) feet to any adjacent property. Other than the vehicles and equipment identified in Proffered Condition 5, there shall be no additional outside storage associated with this use. (P) 7. No additions or exterior alterations to existing building(s) nor any new building construction shall be permitted to accommodate this use. (P) 8. No clients shall be permitted on the property. (P) 9. There shall be no signs identifying this use. (P) 10. Use of Tax ID 752-695-4111 shall be for driveway access only. (P) (CPC) 11. The discharge of stormwater runoff onto the adj acent property to the west from the portions of the Notare property which have been converted to an all weather surface will be alleviated through a professionally engineered 2 11SN0208-AUG24-BOS-RPT solution in a way and on an alignment which minimizes the impact on the screening effect provided by the existing onsite vegetation. Implementation shall be completed to the satisfaction of the County within 90 days of conditional use approval. (EE) GENERAL INFORMATION T ,ncati nn The request property is located along the north line of West Providence Road, west of Stemwell Boulevard. Tax IDs 752-694-2486 and 752-695-4111. Existing Zoning: A Size: 3.7 acres Existin Land Use: Residential Adjacent Zoning and Land Use: North, East and West - A; Single-family residential South - R-15 and A; Single-family residential T TTTT .TTTF.C Public Water and Wastewater Systems: The site is currently connected to the public water and public wastewater systems. This request will not impact the public utilities system. ENVIRONMENTAL Drainage and Erosion: Staff has recognized that the placement of stone and asphalt on the subject property has impeded the ability to absorb runoff. This has created sheet flows onto an adjacent western property. Proffered Condition 11 requires that the applicant develop and implement a plan to alleviate this sheet flow, as found acceptable to the Department of Environmental Engineering. 3 11SN0208-AUG24-BOS-RPT PUBLIC FACILITIES Fire Service: The Wagstaff Fire Station, Company Number 10, and Manchester 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: This request will have a minimal impact on the transportation network. The Thoroughfare Plan identifies West Providence Road as a maj or arterial with a recommended right-of way width of ninety (90) feet. The applicant is unwilling to dedicate forty-five (45) feet of right-of way, measured from the centerline of West Providence Road, in accordance with that Plan. Vir . ing is Department of Transportation (VDOT): VDOT has no comment on this request. T,ANn TIFF. Comprehensive Plan: The subject property is located within the boundaries of the Northern Area Plan, which suggests the property is appropriate for residential use of 1.51 to 4.0 units/acre. Area Development Trends: Properties north of West Providence Road and within the immediate area of the request property are zoned Agricultural (A) and are occupied by single-family homes on larger acreage parcels. Properties south of West Providence Road are zoned Residential (R-15) and are developed as part of the Bexley West Subdivision, or are zoned Agricultural (A) with single-family dwellings located on acreage parcels. It is anticipated that residential development/redevelopment will continue in the surrounding area at densities suggested by the Plan. Uses: Within the Agricultural (A) District, the Ordinance permits the operation of a home occupation subject to certain restrictions. The applicant's operation deviates from these restrictions in three (3) areas, necessitating conditional use approval. These areas include employment of a family member that does not live on the premises; parking of a trailer that exceeds thirteen (13) feet in length; and outside equipment storage not located on a vehicle or trai er. 4 11SN0208-AUG24-BOS-RPT Proffered conditions would restrict the operation to a contractor's office and storage yard for the applicant only (Proffered Conditions 1 and 2). The applicant has indicated that he will seek another location for this operation and, as such, has proffered a time limitation of one (1) year for this conditional use approval. (Proffered Condition 3 ) Generally, the applicant has indicated that the business (asphalt paving) would involve one (1) partner (the applicant's son) entering the property in the morning to pick up company vehicles/equipment. The partners dispatch to the job location(s) and return to the property in the afternoon at such time the partner retrieves his personal vehicle. Proffered conditions limit the number of company vehicles and equipment parked and stored on the property and the number of people associated with the business (one (1) partner). No clients would be permitted on the property. (Proffered Conditions 4, 5 and 8) Site Design: This contracting business is operated from the western parcel included in this request (Tax ID 752-694-2486 - 9600 West Providence Road), being the applicant's residence. Given that the driveway to this property is located on an adjacent parcel to the east (Tax ID 752-695- 4111), this adjacent parcel has been included in this request for access purposes only. (Proffered Condition 10) Proffered Condition 7 would preclude additions and exterior alterations to any structures on the property for this use, thereby limiting the business to the existing dwelling and the accessory structure. With the exception of the permitted company vehicles and equipment storage, no outside storage would be permitted. With the exception of one (1) pickup truck, the location of this storage is limited to behind the dwelling and a minimum distance from neighboring properties. (Proffered Condition 6) Sim: No signage would be permitted to identify this use. (Proffered Condition 9) CONCLUSION The proposed land use does not comply with the Plan and is not representative of existing and anticipated area development patterns. Given these considerations, denial of this request is recommended. 5 11SN0208-AUG24-BOS-RPT CASE HISTORY Planning Commission Meeting (6/21/l l): On their own motion and with the applicant's consent, the Commission deferred this case to their July 19, 2011 public hearing. Staff (6/22/ 11) The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 27, 2011 for consideration at the Commission's July 19, 2011 public hearing. Applicant; Area Property Owners; Staff; and Clover Hill Commissioner (6/27/11): A meeting was held to discuss this request. Concerns were expressed relative to the visibility of vehicle and equipment storage from West Providence Road and the three (3) year time limitation proffered for this use. It was generally agreed that the time limitation should be reduced to one (1) year. Applicant (7/6/11) Proffered Condition 3 was revised to reflect a one (1) year time limitation. Applicant (7/ 18/ 11) Proffered Condition 11 was submitted to address drainage impacts on an adjacent western property. Planning Commission Meeting (7/19/l l): The applicant did not accept the recommendation. There was support present noting agreement with the one (1) year time limit. Mr. Gulley noted this was a unique situation given the Agricultural (A) zoning permits the storage of a trailer containing equipment; that the storage of equipment removed from the trailer necessitates conditional use approval; and that the applicant's intent in 6 11SN0208-AUG24-BOS-RPT maintaining stone and asphalt on the property was to minimize the tracking of debris onto area roads. On motion of Mr. Gulley, seconded by Mr. Waller, the Commission recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES :Messrs. Bass, Brown, Gulley, Hassen and Waller. The Board of Supervisors, on Wednesday, August 24, 2011 beginning at 6:30 p.m., will take under consideration this request. 7 11SN0208-AUG24-BOS-RPT F~ F ~0 ~~ ~~G ~ ^v ~~ • , ~N~ Q AMS A S ~ ~~ Q 0 N a~ud~ r ~ G~ / 1 ~ ~ i ~ 1~ ~ ~ ~' ~ ~ ~_ J I ~ ~ v i l / ~ r 1 ' ~ lb ~. 1 ' ~~ ~ ~ J ~ _/ ~ ~ ~ ~~ _ Q ~ ~ i ~~ d ~,~~y 'hod r,~ ~~ ,. Y r' ~ ~ ~ - ~ \ ~ SIC 1 ~a~ ,' `. ~ ~ 5 ,C ran ~ >, ~ N ~ a ~~~ i ~ ~ ~V ' , a ' w ~ Z cA , O ~ O ~ V Cfl ~ a W ~ v ~ W r ,~ p N ~ O ti N ~ ~~, ~ ° O I` o N ~ p ~' ~~ ~ o ~ - ~ ~ ~~ Z ~ ~ v ~ o o G ~. ~ :::