12SN0135Case 12SN0135 (Jonathan McDorman)
Mr. Holland's Motion
Motion for approval of Case 12SN0135 subject to Conditions 1 through 4 as noted in the "Request
Analysis" with two modifications:
Condition 2 shall reflect an approval period of 1 years.
Condition 3 shall limit occupancy of the second dwelling to five (5) individuals.
CASE MANAGER: Jane Peterson
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February 22, 2012 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0135
Jonathan McDorman
Dale Magisterial District
Jacobs Elementary; Manchester Middle; and Clover Hill High Schools Attendance Zones
5418 Newbys Bridge Road
RE VEST: Conditional use approval to permit a dwelling separated from the principal
dwelling in an Agricultural (A) District.
PROPOSED LAND USE:
A second dwelling unit 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 denial for the following reasons:
A. The proposal fails to limit occupancy of the second dwelling unit as has been
typically approved for similar requests to mitigate impacts of the second dwelling
on surrounding single-family uses.
B. Without limitations on occupancy, the request does not mitigate the impact of the
second dwelling unit on necessary capital facilities and, thereby would not insure
adequate service levels are maintained to protect the health, safety and welfare of
COUnty C1t1ZenS.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED WITH "CPC" ARE CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(CPC) 1. This conditional use approval shall be to and for Jonathan McDorman,
exclusively, and shall not be transferable nor run with the land. (P)
(CPC) 2. This conditional use approval shall be limited to a period of three (3) years
from the date of approval. (P)
(CPC) 3. Occupancy of the second dwelling unit shall be limited to four (4)
individuals. (P)
(CPC) 4. There shall be no signage on the property identifying the second dwelling
unit or ease or rent. (P)
GENERAL INFORMATION
The request property is located on the west line of Newbys Bridge Road, north of Cogbill
Road and better known as 5418 Newby s Bridge Road. Tax ID 758-681-2847.
Existing Zoning:
A
Size:
4.8 acres
Existing Land Use:
Residential
Adjacent Zoning and Land Use:
North and South - A; Single-family residential
East - A, R-9 and R-15; Single-family residential or vacant
West - A, R-12 and R-15; Single-family residential
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Public Water System:
The site is currently connected to the public water system. This request will not impact
the pubic water system.
Public Wastewater S,, sue:
The public wastewater system is not available to the request site. The property is
currently served by a private septic system. This request will not impact the public
wastewater system.
Private Septic System:
The Health Department must approve any new private systems or expanded usage of
these systems to service this site.
ENVIRONMENTAL
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 ~ervice~
The Manchester Volunteer Rescue Squad Fire Station, Company Number 24, 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.
Schools:
Approximately one (1) student will be generated by this request. Currently, this site lies
in the Jacobs Elementary School attendance zone: capacity - 746, enrollment - 672;
Manchester Middle School zone: capacity - 1,319, enrollment - 1,445; and Clover Hill
High School zone: capacity - 1,575, enrollment - 1,782. The enrollment is based on
September 30, 2011 and the capacity is as of 2010-201 1. This request will have an impact
on the middle and high school levels. There are five (5) trailers at Jacobs Elementary and
twenty (20) trailers at Manchester Middle.
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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. The applicant has not addressed the impact of this second dwelling unit on school
facilities.
I,ihraries:
The Public Facilities Plan identifies a need for additional library space County-wide. This
proposal would most likely impact the existing La Prade Library. The applicant has not
offered measures to address the impact of this second dwelling unit on library facilities.
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the County. The Plan identifies
a need for 354 acres of regional park space, 252 acres of community park space and 199
acres of neighborhood park space by 2020; linear parks and resource based-special
purpose parks (historical, cultural and environmental); recreational facilities; water
access; and trails. The applicant has not offered measures to address the second
dwelling's impact on these parks and recreation facilities.
County Department of Transportation:
The proposed dwelling is anticipated to generate approximately ten (10) average daily
trips. These vehicles would initially be distributed along Newbys Bridge Road, which had
a 2009 traffic count of 4,962 vehicles per day with a level of service E.
Area roads need to be improved to address safety and accommodate the traffic generated
by this proposed development. The applicant has not committed to mitigate the traffic
impact of this development consistent with the Board of Supervisors' Cash Proffer
Policy. Therefore, the Transportation Department cannot support this request.
Virginia Department of Transportation (VDOT):
VDOT has no comment on this request.
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Financial Impact on Capital Facilities:
PER DWELLING
UNIT
Potential Number of New Dwelling Units 1 ~ 1.00
Population Increase 2.62 2.62
Number of New Students
Elementary 0.21 0.21
Middle 0.12 0.12
High 0.16 0.16
TOTAL 0.49 0.49
Net Cost for Schools $8,882 $8,882
Net Cost for Parks 1,164 1,164
Net Cost for Libraries 341 341
Net Cost for Fire Stations 686 686
Average Net Cost for Roads $17,494 $17,494
TOTAL NET COST X28,567 X28,567
Based on the request for one (1) additional dwelling unit. The actual number of dwelling units
and corresponding impact may vary.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, parks, libraries, fire stations
and roads as $28,567 per unit. The applicant has been advised that a maximum proffer of
$18,966 per unit would defray the cost of the capital facilities necessitated by this proposed
development.
The applicant has not proffered conditions that adequately mitigate the impact of this request on
capital facilities. Consequently, the County's ability to provide adequate facilities to its citizens
will be adversely impacted. Note that circumstances relevant to this case, as presented by the
applicant, have been reviewed, and it has been determined that it is appropriate to accept the
maximum cash proffer in this case. Staff recommends the applicant fully address the impact of
all units on capital facilities.
Per the Cash Proffer Policy, the cash proffer is to be paid at the time of building permit. The
dwelling unit was constructed in violation of the County's Zoning Ordinance and so did not
adhere to the proper county development process. In this case, the dwelling unit should not be
exempt from the Cash Proffer Policy because of its past violation of County ordinance.
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The Planning Commission and the Board of Supervisors, through their consideration of this
request, may determine that there are unique circumstances relative to this request that may
justify acceptance of proffers as offered for this case.
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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 recommended by the Chesterfield County
Planning Commission on November 15, 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 Board of Supervisors, has not been approved and does not provide land use guidance
for the subject property at this time. The recommendations of the revised draft plan are
provided for informational purposes only.
Area Development Trends:
Surrounding properties are zoned Agricultural (A) and are occupied by single-family
dwellings on large parcels or are zoned Residential (R-9, R-12 and R-15) and are
developed as Five Forks Village, Jacobs Court and Newbys Wood Subdivisions or are
currently vacant. It is anticipated that residential development will continue in this area as
suggested by the Plan.
Zonin Hg istory:
On July 25, 2001 upon a favorable recommendation by the Planning Commission, the
Board of Supervisors approved a conditional use planned development to permit a home
health care business operated from the existing residence and converted accessory
structures for a period of one (1) year, expiring in July of 2002. (Case O l SNO l 68)
On October 23, 2002 the Board approved the renewal of conditional use planned
development (Case Ol SN0168) for a period of eighteen (18) months, expiring in April
2004. (Case 03 SRO l 00)
On March 9, 2005 the Board of Supervisors denied a request to renew conditional use
planned development (Case 03SR0100). (Case 04SR0250)
The barn structure, previously used as an office for the aforementioned home-based
business, has been converted and occupied as the second dwelling unit on this property.
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Second Dwelling 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 Ordinance permits one (1) dwelling unit per parcel as a by-right use for
properties within the Agricultural (A) District and only permits a second dwelling unit
(separated from the principal dwelling unit in this case) with conditional use approval.
For several years, the barn structure on the request property was converted into and used
as an office for a temporary home-based business (reference "Zoning History"). In June
2011 a complaint was received indicating that this structure was converted and occupied
as atwo-family dwelling unit with two (2) kitchens. An inspection verified that the
former barn had been converted into atwo-family dwelling without the requisite zoning
and building permit approvals. A separate single-family dwelling is also located on the
property. The applicant has agreed to remove one (1) of the kitchens within the former
barn structure, resulting in two (2) separate single-family dwelling units on the subject
property.
Typically, the Board has approved requests to permit a second dwelling on a parcel when
occupancy of the second dwelling is limited to family members, guests or domestic
employees of the property owner. This limitation is included in deed restrictions to
provide notice to future owners of the property. Staff supports this limitation to mitigate
the impact of the second dwelling on the surrounding single-family area. The applicant
has not agreed to this limitation. It should be noted that should this request be approved,
an application for a change of use for the converted office/barn structure must be filed
with the County Department of Building Inspections.
As recommended by the Planning Commission, conditions would limit the conditional
use approval to the applicant for a period of three (3) years from the date of approval.
Occupancy of the second dwelling unit would be limited to four (4) persons and no
signage advertising the second dwelling for rent would be permitted. (Conditions 1
through 4)
CONCLUSION
The request fails to limit occupancy of the second dwelling unit as has typically been approved
for similar requests in areas where single-family residential uses are appropriate and anticipated.
In addition, proffered conditions do not fully mitigate the impact of this second dwelling on
capital facilities and, thereby would not insure adequate service levels are maintained to protect
the health, safety and welfare of county citizens.
Given these considerations, denial of this request is recommended.
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CASE HISTORY
Planning Commission Meeting (11 / 15/ 11)
On their own motion and with the applicant's consent, the Commission deferred this case
to their December 12, 2011 public hearing.
Staff (11/16/l l):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 21, 2011 for consideration at the
Commission's December 12, 2011 public hearing.
Staff (11/21/l l):
To date, no new information has been received.
Planning Commission Meeting (12/ 12/ 11)
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
Messrs. Brown, Hassen and Gulley noted that the request was unique given the parcel
size and location outside of a recorded subdivision.
Dr. Brown noted that, with the recommended conditions, the proposal represented an
appropriate use of a building that formerly housed a more intensive office use; that no
opposition had been voiced by the community; and that a three (3) year time limit
provides opportunity for scrutiny of the use.
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.
Board of Supervisors Meeting (1/25/12):
On their own motion, the Board deferred this case to their February 22, 2012 public
Baring.
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Staff (1/26/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 30, 2012 for consideration at the Board's
February 22, 2012 public hearing.
Staff (1/31/12):
To date, no new information has been received.
The Board of Supervisors on Wednesday, February 22, 2012 beginning at 6:30 p.m. will take
under consideration this request.
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