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12SN0158CASE MANAGER: Jane Peterson February 22, 2012 BS STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0158 Skinquarter Farm Market Inc. Matoaca Magisterial District 20800 Hull Street Road RE VEST: Amendment of conditional use approval (Case 99SR0105) relative to operator rights in an Agricultural (A) District. PROPOSED LAND USE: A retail sales business for the sale of produce and related items not grown or produced on-site has operated on the request property since 1989. Condition 2 of Case 99SR0105 limits this operation to the Chesterfield Berry Farm, Inc. An amendment to this condition is requested to transfer this operation under the name of Skinquarter Farm Market, Inc. as discussed herein. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reason: With the exception of the proposed change in operator rights, the market would continue to be managed consistent with current conditions of approval for Case 99SR0105. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS MAY PROFFER CONDITIONS. CONDITION NOTED WITH "STAFF/CPC" WAS AGREED UPON BY BOTH STAFF AND THE COMMISSION.) Providing a FIRST CHOICE community through excellence in public service f'(1NTITTT(1N (STAFF/CPC) This conditional use shall be granted to and for Skinquarter Farm Market, Inc., and shall not be transferable nor run with the land. (P) (Staff Note: This condition supersedes Condition 2 of Case 99SR0105.) GENERAL INFORMATION T ,ncati nn The request property is located on the north line of Hull Street Road, west of Skinquarter Road and is better known as 20800 Hull Street Road. Tax ID 688-668-Part of 7420. Existing Zoning: A with conditional use Size: 5 acres Existin Land Use: Commercial Adjacent Zoning and Land Use: North, East and West - A; Single-family residential South - A; Vacant UTILITIES; ENVIRONMENTAL AND PUBLIC FACILITIES This request will have minimal or no impact upon these facilities. Virginia Department of Transportation (VDOT): VDOT understands that there will be a change of operator, only. VDOT comments would result upon any proposed changes to vehicular entrances or other impacts on the connection(s) to Hull Street Road. Comprehensive Plan: T .ANTI T 1CF. The subject property is located within the boundaries of the Southern and Western Area Plan, which suggests the property is appropriate for rural conservation area use. 2 12SN0158-FEB22-BOS-RPT Draft Comprehensive Plan: The Revised Draft Comprehensive Plan (as recommended by the Chesterfield County Planning Commission on November 15, 2011) designates the subject property "Countryside." This proposed land use designation encourages agricultural, forestall, single-family, public, open space and eco-tourism oriented 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: The surrounding area is characterized by agricultural zoning and land uses, single-family dwellings on acreage properties or vacant land. It is anticipated that this land use pattern will continue until adequate public facilities are available to support more intense development. Zonin H.~ istory: On September 27, 1989 the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a conditional use to permit retail sales of produce and related items not grown or produced on-site (Case 89SN0323). With this approval, conditions were imposed to minimize the intensity of the operation. These conditions limited site improvements, outside display, signage and lighting. In addition, the conditional use approval was issued for a period of ten (10) years specific to the operator, being Chesterfield Berry Farm, Inc. On October 28,1998 the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved renewal of conditional use (Case 89SN0323) to permit continued operation of the retail sales of produce and related items (Case 99SR0105). Given that this operation, since its original permitting in 1989, had demonstrated its continued compatibility with area development, the Board approved this renewal without a time limitation for the benefit of Chesterfield Berry Farm, Inc. Operator Rights: Condition 2 of Case 99SR0105 limits the operation of the market to the Chesterfield Berry Farm, Inc. Several properties on which both the Chesterfield Berry Farm and market operate are owned jointly. These two (2) owners have recently agreed to divide their property interests. As a part of this agreement, the market may no longer trade under the name of the Chesterfield Berry Farm, Inc., necessitating an amendment to Condition 2. With approval of this request, the market would be operated under the name of Skinquarter Farm Market, Inc. (Condition). All other previous conditions of Case 99SR0105 will remain unaffected by this amendment. 3 12SN0158-FEB22-BOS-RPT CONCLUSION Condition 2 of Case 99SR0105 limits the operation of the existing market to the Chesterfield Berry Farm, Inc. Approval of the requested amendment would permit the transfer of this operation under the name of Skinquarter Farm Market, Inc. The market would continue to be operated under all other previous conditions of approval thereby ensuring continued compatibility of this use with area development. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (1/17/12): The applicant accepted the recommendation. There was no opposition present. On motion of Dr. Wallin, seconded by Dr. Brown, the Commission recommended approval subj ect to the condition on page 2. AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin. The Board of Supervisors, on Wednesday, February 22, 2012 beginning at 6:30 p.m., will take under consideration this request. 4 12SN0158-FEB22-BOS-RPT ~o ~- JQ~ Q ~a _~ -~ 1 ~ 1 ~ 1 J I 1 ~ 1 ~ j I ~-- --~ U ~ ~~ _• ~~. ~ ~- .~~ ., ,~~ _~~ ~ ~ r~ ~ N ~ ~ ~ ! U U N U D Q W r N ~ ~ I J 2~tq O ll ~n V ° 00 0 ~ Z ° ° ~ W `~ o~ Z o ~ Q o N ~ ~ Q ~ C