12SN0165CASE MANAGER: Robert Clay
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0165
John C. Bello
1 TLZ.TLTIT
March 28, 2012 BS
Matoaca Magisterial District
Winterpock Elementary; Swift Creek Middle; and Cosby High Schools Attendance Zones
15348 Carlton Forest Court
REQUEST: Conditional use approval to permit atwo-family dwelling in a Residential (R-9)
District.
PROPOSED LAND USE:
A second dwelling unit occupied by a family member has been established within
the basement of the principal dwelling unit.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommends 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 have been approved elsewhere in the County with no apparent adverse
impact on the area.
B. The proffered 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 "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED 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 thirty (30) days
of approval of this request, a deed restriction shall be recorded
setting forth the limitation in Condition 1. 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)
(STAFF/CPC) 3. This conditional use shall be granted to and for John C. Bello or
his immediate family only and shall not be transferable nor run
with the land. (P)
GENERAL INFORMATION
Location:
The request property is located in the northeast corner of Hampton Crest Circle and Carlton
Forest Drive and better known as 15348 Carlton Forest Drive. Tax ID 715-668-8495.
Existing Zonin
R-9
Size:
.3 acre
Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North, South, East and West - R-9; Single-family residential or vacant
UTILITIES
The site is currently connected to the public water and wastewater system. The recommended
conditions limit the occupancy of the second dwelling to family members. This request will not
impact the public utility systems.
2 12SN0165-MAR28-BOS-RPT
ENVIRONMENTAL
This request will have no 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 Clover Hill Fire Station, Company Number 7, 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. This site lies in the
Winterpock Elementary School attendance zone: capacity - 930, enrollment - 793; Swift
Creek Middle School zone: capacity - 1,021, enrollment - 965; and Cosby High School
zone: capacity - 1,575, enrollment - 2,033. The enrollment is based on September 30,
2011 and the capacity is as of 2011-2012. This project will have a minimal impact on
schools. There are currently eight (8) trailers at Swift Creek Middle School and nine (9)
at Cosby High School.
Libraries; Parks and Recreation; County Department of Transportation and Virginia Department of
Transportation VDOT~:
This request will have minimal impact on these facilities.
Financial Impact on Capital Facilities:
This request will have a minimal impact on capital facilities.
T ANTI T TCF
Comprehensive Plan:
The subject property is located within the boundaries of the User Swift Creek Plan
Amendment, which suggests the property is appropriate for residential use of 2.0
units/acre or less.
3 12SN0165-MAR28-BOS-RPT
Area Development Trends:
Surrounding properties are zoned Residential (R-9) and are occupied by single-family
residential uses in the Hampton Park subdivision. It is anticipated residential
development will continue in this area, as suggested by the Plan.
Site Design and OccupancX:
The basement of the principal dwelling unit has been converted into a second dwelling
unit which is occupied by an immediate family member of the applicant.
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 of the occupant(s) of the principal dwelling unit.
Conditions also provide notice of such limitation to future owners of the property.
(Proffered Conditions 1 and 2)
In addition, the applicant has agreed that the conditional use be granted to him or his
immediate family only. (Proffered Condition 3)
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 proffered 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 (2/21/12):
The applicant accepted the recommendation. There was no opposition present.
On motion of Dr. Wallin, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, March 28, 2012 beginning at 6:30 p.m., will take
under consideration this request.
4 12SN0165-MAR28-BOS-RPT
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