12SN0113
CASE MANAGER: Darla Orr
September 20, 2011 CPC
October 26, 2011 BS
November 30, 2011 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
330 days
AND
RECOMMENDATION
12SN0113
Emmett Burton, IV
Matoaca Magisterial District
5206 Thornwood Court
REQUEST: Conditional use approval to permit the parking of a commercial vehicle incidental to
a dwelling in a Residential (R-88) District.
PROPOSED LAND USE:
Parking of a commercial vehicle (flat bed wrecker) on the request property is
proposed.
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 1-5 acre lots;
suited to R-88 zoning.
B. The proposed land use is not representative of or compatible with existing and
anticipated area 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.)
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PROFFERED CONDITIONS
(CPC) 1. This conditional use shall be granted to Emmett Burton, IV exclusively
and shall not be transferred or run with the land. (P)
(CPC) 2. This conditional use shall be limited to the parking of the commercial
vehicle (flat bed wrecker) only and shall not permit storage of disabled,
wrecked or junked vehicles on the commercial vehicle or on the property.
(P)
(CPC) 3. Parking of the commercial vehicle shall only be permitted in the parking
area identified on Exhibit A, dated September 20, 2011 or within a fully
enclosed garage structure. (P)
GENERAL INFORMATION
Location:
The request property is located on the north line of Thornwood Court, west of Thornwood
Lane and better known as 5206 Thornwood Court. Tax ID 786-628-8303.
Existing Zoning:
R-88
Size:
1.5 acres
Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North - A and R-88; Single-family residential
South, East and West - R-88; Single-family residential or vacant
UTILITIES; ENVIRONMENTAL; FIRE AND COUNTY TRANSPORTATION
This request will have a minimal impact these facilities.
Virginia Department of Transportation (VDOT):
VDOT notes that an existing private entrance to/from public right-of-way for the Burton
property is to remain unaltered. VDOT has no further comment.
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LAND USE
Current 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 1-5 acre lots; suited
to R-88 zoning.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property “Countryside Residential Area.” This proposed land use designation encourages
single-family residential and limited agricultural, forestal, open space and public uses.It
should be noted that the revised draft plan is pending review by the Planning Commission,
has not been approved, and does not provideland 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 of the revised draft plan are provided for reference purposes
only.
Area Development Trends:
The area is characterized by residential zoning and single-family residential uses on larger
parcels. It is anticipated that single-family residential use will continue in the area as
suggested by the Plan.
Use:
The applicant parks a commercial vehicle (flat bed wrecker) on the request property. He has
indicated that he drives the truck for his employment with a local company that contracts
with motorist clubs and local and state police to provide motorist assistance.
The Zoning Ordinance permits the parking of commercial vehicles in a residential area as a
by right use provided the vehicle does not exceed 10,000 pounds, does not have more than
two (2) axles and does not tow or haul disabled, wrecked or junked vehicles. While the
vehicle driven by the applicant only has two (2) axles, it is used to haul disabled, wrecked or
junked vehicles and weighs approximately 11,500 pounds.
The applicant is requesting conditional use approval to permit the parking of the wrecker.
Proffered Conditions would limit approval to the applicant only and would prohibit
disabled, wrecked or junked vehicles to be stored on the wrecker or on the property.
(Proffered Conditions 1 and 2)
Parking Area:
In order to minimize visibility of the vehicle from adjacent properties and the public right of
way, the applicant has proffered to only park the vehicle in the rear yard as shown on
Exhibit A dated September 20, 2011 or within a fully enclosed garage structure. (Proffered
Condition 3)
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CONCLUSION
The proposed land use does not conform to the recommendations of the Southern and Western
Area Plan which suggests the property is appropriate for residential use on one (1) to five (5)
acre lots, suited for R-88 zoning. In addition, the proposed land use is not representative of, and
compatible with, existing and anticipated area development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (9/20/11):
To address concerns of the Matoaca District Commissioner, the applicant modified
Exhibit A to identify that the parking area for the commercial vehicle will be directly
behind the dwelling.
_____________________________________________________________________________________________
Planning Commission Meeting (9/20/11):
The applicant accepted the recommendation. There was no opposition present.
Mr. Bass stated that since the applicant will park the vehicle directly behind the house,
the use would not be an intrusion to the neighborhood. He added the applicant provides a
service to the public.
On motion of Mr. Bass, seconded by Dr. Brown, the Commission recommended approval
and acceptance of the proffered conditions on page 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
Board of Supervisors’ Meeting (10/26/11):
On their own motion, the Board deferred this case to their November 30, 2011 public
hearing.
Staff (10/27/11):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 31, 2011 for consideration at the Board’s
November 30, 2011 public hearing.
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Staff (11/01/11):
To date, no new information has been received.
The Board of Supervisors, on Wednesday November 30, 2011 beginning at 6:30 p.m. will take
under consideration this request.
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12SN0113-1