11SN0242CASE MANAGER: Darla Orr
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0242
Kelly Sutterfield
September 21, 2011 BS
Dale Magisterial District
Salem Elementary; Salem Middle; and Bird High Schools Attendance Zones
10100 Salem Church Road
RE VEST: Conditional use approval to permit a dwelling unit separated from the principal
dwelling in Agricultural (A) and Residential (R-7) Districts.
PROPOSED LAND USE:
A second dwelling unit occupied by a family member is currently located within
an existing structure that is detached from the principal dwelling unit without the
requisite conditional use approval. Conditional use approval is requested to bring
the use into compliance with the Ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. Similar requests where occupancy of the second dwelling unit has been limited to
guests, domestic servants or family members of the occupants of the principal
dwelling unit have been approved elsewhere in the County with no apparent
a verse impact.
B. The recommended conditions ensure that the single-family residential character of
the request property is maintained.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OwNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
CONDITIONS
(STAFF/CPC) 1. Occupancy of the second dwelling unit shall be limited to: the
occupants of the principal dwelling unit, individuals related to
them by blood, marriage, adoption or guardianship, foster children,
guests and any domestic servants. (P)
(STAFF/CPC) 2. For the purpose of providing record notice, within sixty (60) days
of approval of this request, a deed restriction shall be recorded
setting forth the limitation in Condition 1 above. The deed book
and page number of such restriction and a copy of the restriction as
recorded shall be submitted to the Planning Department. (P)
GENERAL INFORMATION
Location:
The request property fronts the west line of Salem Church Road, north of Centralia Road
and is better known as 10100 Salem Church Road. Tax ID 776-662-0376.
Existing Zoning:
A and R-7
Size:
4 acres
Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North - A & R-7; Single-family residential
South - A and R-9; Single-family residential
East - A; Single-family residential, public/semi-public (church) or vacant
West - R-7; Single-family residential
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Public Water System:
The request site is located within the Courthouse pressure zone. There currently two (2)
water service connections on the request site. This request will not impact the public
water system.
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Public Wastewater System:
The request site is not currently connected to the public wastewater system. This request
will not impact the public wastewater system.
Health Department:
Individual septic systems serve the two (2) dwellings. Continued or expanded use of
these systems must be approved by the Health Department.
ENVIRONMENTAL
Drainage and Erosion:
This request will have minimal impact on these facilities.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
Fire service:
The Centralia Fire Station, Company Number 17, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
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Approximately one (1) student will be generated by this request. This site lies in the
Salem Elementary School attendance zone: capacity - 743, enrollment - 620; Salem
Middle School zone: capacity - 947, enrollment - 859; and Bird High School zone:
capacity -1,982, enrollment -1,789. The enrollment is based on September 30, 2010 and
the capacity is as of 2010-2011. This will have minimal impact on schools involved.
There are currently fourteen (14) trailers at Salem Middle School and five (5) trailers at
Bird High School.
This case combined with other residential developments and zoning cases in the area, will
continue to push these schools over capacity, necessitating some form of relief in the
future.
Libraries; Parks and Recreation; County Department of Transportation; and Virginia Department
of Transportation (VDOT):
This request will have minimal impact on these facilities.
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Financial Impact on Capital Facilities:
The proposed zoning will result in minimal impact on capital facilities.
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Current Comprehensive Plan:
The subject property is located within the boundaries of the Central Area Plan, which
suggests the property is appropriate for residential use of 1.0 - 2.5 dwelling units/acre.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Suburban Residential Community." This proposed land use designation
encourages horizontally integrated multi-family residential, townhouse residential, and/or
single-family residential, public and open space uses. It should be noted that the revised
draft plan is pending review by the Planning Commission, has not been approved, and
does not provide land use guidance for the subject property at this time. As of the date of
this report, the Commission has not forwarded a recommendation regarding the revised
draft plan to the Board of Supervisors. Additionally, the Board has not reviewed the
revised draft plan, nor has the Board taken any action on the revised draft plan to date.
The recommendations ofthe revised draft plan are provided for reference purposes only.
Area Development Trends:
Surrounding properties are zoned residentially and agriculturally and are occupied by
single-family residential use, a church or are vacant. It is anticipated that residential use
will continue in the area as suggested by the Plan.
Site Design and Occupancy:
The Zoning Ordinance states that any building or portion of a building is a dwelling unit
if complete independent permanent facilities for living, sleeping, eating and sanitation are
provided. The Zoning Ordinance permits one (1) dwelling unit per lot as a by right use
for properties within the R-7 and A zoning districts, and only permits a second dwelling
unit (separated from the principal dwelling unit in this case) with conditional use
approval.
In order to obtain a building permit in 2004 to construct a second dwelling on the request
property without obtaining conditional use approval, the property owners agreed in
writing to remove the kitchen from the original dwelling prior to the issuance of the
certificate of occupancy of the second dwelling. The original dwelling was constructed in
1936 and remodeled in 2002. An inspection of the original dwelling in April 2005
verified the kitchen was removed; therefore, the certificate of occupancy for the second
dwelling was issued.
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A complaint was received in March 2011 that there were two (2) independent dwelling
units on the subject property. An inspection verified that the kitchen had been replaced in
the original dwelling. This structure, complete with a kitchen, has been converted to a
second dwelling unit without the requisite conditional use approval. The applicant
indicates that this second dwelling unit is being occupied by a family member.
Conditional use approval is necessary to allow the second dwelling unit to remain.
Consistent with past actions on similar requests, conditions are typically imposed to
ensure that the "single-family" character of the area is maintained by limiting occupancy
of the second dwelling unit such that the occupants of both dwelling units are related to
or are guests or domestic employees for the occupant of the principal dwelling unit.
Conditions also provide notice of such limitation to future owners of the property.
(Conditions 1 and 2)
CONCLUSION
The Planning Commission and Board of Supervisors have typically acted favorably on similar
requests where occupancy of the second dwelling unit has been limited to guests, domestic
servants or family members of the occupants of the principal dwelling. The recommended
conditions ensure that the single-family residential character of the area is maintained.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/16/11):
The applicant accepted the recommendation. There was no opposition present.
On motion of Dr. Brown, seconded by Mr. Hassen, 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, September 21, 2011 beginning at 6:30 p.m., will take
under consideration this request.
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