12SN0164CASE MANAGER: Jane Peterson
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
1 TLZ.TLTIT
March 28, 2012 BS
12SN0164
Chesterfield County Board of Supervisors
Dale Magisterial District
5632 and 5700 Omo Road
REQUEST: Conditional use approval to permit a business (motor vehicle repair) incidental to a
dwelling unit in a Residential (R-7) District.
PROPOSED LAND USE:
Renewal of conditional use approval (Case 06SR0340) to permit the continued
operation of a motor vehicle repair business is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommends denial for the following reasons:
A. The proposed land use does not conform to the Central Area Plan which suggests
the property is appropriate for mixed use corridor uses, to include residential and
office uses.
B. The proposed land use is not representative of existing area residential
development.
(NOTE: CONDITIONS MAY BE IMPOSED. CONDITIONS NOTED "CPC" ARE
RECOMMENDED BY THE PLANNING COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
CONDITIONS
(CPC) 1. This conditional use shall be granted to and for Bobby L. Sprouse, Jr. or
Katherine Sprouse, exclusively, and shall not be transferable nor run with the
land. (P)
(CPC) 2. This conditional use shall be limited to the operation of a motor vehicle
repair business, excluding body, major engine and transmission repair. (P)
(CPC) 3. No employees, other than family member employees that live on the
property, shall be permitted. (P)
(CPC) 4. A maximum of six (6) motor vehicles associated with the repair business
shall be parked on the site at any time. All parking areas and drives that
accommodate motor vehicle access and parking for the business shall have a
minimum surface depth of six (6) inches of Number 21 or 21A stone. (P)
(CPC) 5. Hours of operation shall be limited to between 8:00 a.m. and 5:00 p.m.,
Monday through Saturday. No Sunday operation shall be permitted. (P)
(CPC) 6. All repair activity and storage of associated materials shall occur inside the
existing detached garage located on Tax ID 773-681-3148 and labeled as
"New Garage" on the attached plat dated August 10, 1994 as prepared by
Robert K. Thomas and Associates. (P)
(CPC) 7. No additions or exterior alterations shall be permitted to the dwelling or
accessory buildings to accommodate this use. (P)
(CPC) 8. There shall be no signs identifying this use. (P)
(CPC) 9. Landscaping shall be installed to minimize the views of the motor vehicle
parking area from the adjacent properties and Omo Road. Within thirty (30)
days of approval of this request, the applicants shall submit a plan depicting
this landscaping for review and approval by the Planning Department, along
with a phasing plan for the installation of these plantings. (P)
(CPC) 10. This conditional use approval shall be granted for a period not to exceed ten
(10) years from date of approval. (P)
GENERAL INFORMATION
Location:
North line of Omo Road, east of Old Zion Hill Road and better known as 5632 and 5700
Omo Road. Tax IDs 773-681-2145 and 3148.
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E~stin~ Zoning:
R-7 with conditional use
Size:
1.4 acres
Existing Land Use:
Residential
Adjacent Zoning and Land Use:
North, East, South and West - R-7; Single-family residential and vacant
UTILITIES
Public Water and Wastewater Systems:
The public water and wastewater systems are not available to serve this site. The closest
water line is a twelve (12) inch line and the closest wastewater line is an eight (8) inch line,
both located along a portion of Old Zion Hill Road, approximately 850 feet west of the
request site. Connections to the public water and wastewater systems are not required.
Private Well and Septic Systems:
Use of private wells and septic tanks must be approved by the Health Department.
ENVIRONMENTAL; FIRE AND COUNTY DEPARTMENT OF TRANSPORTATION
This request will have no or minimal impact on these facilities.
Virginia Department of Transportation (VDOT~:
VDOT notes that a low volume commercial entrance, with adequate sight distances, shall
be provided. Plans for the entrance shall be submitted to VDOT (including review and
any revisions deemed necessary) and a permit shall be obtained.
T ANTI T TCF
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for a mix of office and residential uses.
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Area Development Trends:
The area is characterized by residential single-family development as part of the Ampthill
Gardens Subdivision.
Zoning History:
On Apri12, 2003 the Board of Zoning Appeals approved a Special Exception for Bobby and
Kathy Sprouse to operate a business (motor vehicle repair) incidental to a dwelling unit
(Case 03AN0229). Conditions limited the operation to the Sprouse's for a period of three (3)
years.
On November 21, 2006 the Board of Supervisors, upon a positive recommendation by the
Planning Commission, approved renewal of this home-based business as a conditional use
for a period of five (5) years, expiring in November of 2011 (Case 06SR0340). Conditions
limited the use to the property owners with no outside employees and addressed the number
of vehicles serviced at one (1) time, hours of operation, location of repair activity and site
improvements.
Uses:
Conditions would restrict the operation to a motor vehicle repair business, exclusive of
body, major engine, transmission repair, for the applicants only for a period of ten (10)
years. Further, limitations include the number of vehicles parked on the property that are
awaiting servicing and restricting employees to family members that live on the property. It
should be noted that previous conditions of approval limited the number of vehicles
awaiting service to four (4). The property owners have requested that this number be
increased to six (6). All parking and drives associated with this business would be graveled.
(Conditions 1 through 4 and 10)
Hours of Operation:
Condition 5 would limit the days and hours of this operation.
Site Design:
Condition 6 would limit the repair activity and the storage of associated materials to within
the existing garage, as noted on the attached plat. Condition 7 would preclude additions and
exterior alterations to any structures on the property for this use. No signage would be
permitted to identify this use (Condition 8).
Landscapes:
Currently, the existing vehicle parking area can be viewed from Omo Road and the adjacent
properties to the east and west. Previous conditions of approval required the installation of
landscaping or fencing to minimize these views. While this landscaping had been
4 12SN0164-MAR28-BOS-RPT
accomplished, staff noted in a site visit in January, 2012 that several of these plantings had
been impacted by area underground utility work and most had not survived. Condition 9
would require the installation of new plant material to minimize these views from
surrounding directions, as approved by the Planning Department. The property owners are
cautioned to identify and avoid any existing area easements to prevent future disruption of
plant materials.
CONCLUSION
The proposed land use does not conform to the Central Area Plan which suggests the property is
appropriate for office and residential uses. While operating at this location since 2003 without
any known incident, this motor vehicle repair business use is not representative of existing area
residential development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/21/12):
Mr. and Mrs. Sprouse did not accept staff's recommendation, but did accept the Planning
Commission's recommendation.
There was support present noting the property owners significant financial investment in
their business; the need to protect this investment; the benefit of small business to the
County's economic development; and the integrity of the property owners.
Mr. Patton stated that he supported small business and would recommend no time limit.
Dr. Wallin stated he could support the request due to the large investment the property
owners have made in the business and the community support.
Mr. Waller noted the property owners' good business track record but felt a time limit
would be appropriate.
Dr. Brown suggested that the conditional use approval be for a time period of ten (10)
years.
On motion of Dr. Brown, seconded by Dr. Wallin, the Commission recommended
approval subject to the conditions on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
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The Board of Supervisors on Wednesday, March 28, 2012 beginning at 6:30 p.m., will take
under consideration this request.
12SN0164-MAR28-BOS-RPT
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