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12SN0245CASE MANAGER: Robert Clay .:: i3 i'f~L_ +,,. ~ ..r:..~ BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0245 Eric J. Carlson, Sr. C 4 ~ , ~ Q 7n~ 7 ~~~ yep ~e~~~~~.~~ October 24, 2012 BS Clover Hill Magisterial District Providence Elementary, Providence Middle, and Monacan High Schools Attendance Zones 10000 West Providence Road REQUEST: Conditional use approval to permit atwo-family dwelling in an Agricultural (A) District. PROPOSED LAND USE: A second dwelling unit, to be occupied by family members, is proposed to be established within a planned addition to the principal dwelling unit. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend 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 above. 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 Eric J. Carlson, Sr. or his immediate family only and shall not be transferable nor run with the land. (P) GENERAL INFORMATION Location: The request property is located on the north line of West Providence Road, east of Grey Oak Drive, and is better known as 10000 West Providence Road. Tax ID 749-694-2032. Existing Zonin A Size: 4.5 acres Existing Land Use: Single-family residential Adjacent Zoning and Land Use: North - A; Vacant South - A; Single-family residential East - R-9 and R-7; Single-family residential West - A; Single-family residential and vacant 2 12SN0245-OCT24-BOS-RPT UTILITIES Public Water System: The request site is located within the Pocono water pressure zone. There is a six (6) inch water line extending along Northcreek Drive approximately 150 feet north of the property. The site is currently utilizing a private well system. This request will not impact the public water system. Public Wastewater Svstem: The request site is located within the Falling Creek sewer service area. There is an existing eight (8) inch wastewater line located approximately ninety (90) feet southwest of the property. The site is currently utilizing a private septic system. This request will not impact the public wastewater system. Private Septic System: Continued and/or expanded use of a private septic system must be approved by the Health Department. 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 Wagstaff Fire Station, Company Number 10, 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: The proposed zoning case would yield two (2) units. Based on the cash proffer methodology, this development would yield one (1) new student (Elementary: - 1, Middle: - 0, High: - 0). Currently, this site lies in the Providence Elementary School zone: capacity - 664, enrollment - 602; Providence Middle School zone: capacity - 1,027, enrollment - 849; and Monacan High School zone: capacity - 1,674, enrollment - 3 12SN0245-OCT24-BOS-RPT 1,363. The enrollment is based on September 30, 2011 membership and the capacity is as of 2011-2012 school year. After review of this request, the proposed zoning case will have minimal impact on the aforementioned schools involved. There is currently one (1) trailer at Providence Elementary, three (3) trailers at Providence Middle and one (1) trailer at Monacan High. It is possible that over time this case, combined with other tentative residential developments, infill developments and zoning cases in the area, will push these schools to their capacity. Therefore, the aforementioned units should be subject to full cash proffers, to mitigate the impact that this proposed case would have on schools. Libraries; Parks and Recreation; County Department of Transportation and Vir ing is 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. LAND USE Comprehensive Plan: The subject property is located within the boundaries of the Northern Courthouse Road Community Plan, which suggests the property is appropriate for residential use of 2.5 dwellings per acre or less. Area Development Trends: Surrounding properties are zoned Residential (R-9 and R-7) and Agricultural (A) and are occupied by single-family residential uses in Eaglewood and Castle Glen subdivisions or on acreage parcels or remain vacant. It is anticipated residential development will continue in this area, as suggested by the Plan. Site Design and OccupancX: An addition to the principal dwelling unit is proposed, which as planned will constitute a second dwelling unit. This addition is to be occupied by immediate family members of the applicant. Consistent with past actions on similar requests, proffered conditions have been offered to ensure that the "single-family" character of the area is maintained. These conditions limit 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. They also provide notice of such limitation to future owners of the property. 4 12SN0245-OCT24-BOS-RPT (Proffered Conditions 1 and 2) In addition, the applicant has agreed that the conditional use approval be granted to him or his immediate family only. (Proffered Condition 3) CONCLUSIONS 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 (8/21/12): On their own motion and with the applicant's consent, the Commission deferred this case to their September 18, 2012 public hearing. Staff (8/21/12): The applicant was advised in writing that any significant, new or revised information should be submitted no later than August 27, 2012 for consideration at the Commission's September 18, 2012 public hearing. Applicant (8/27/12): Evidence that the applicant has notified area property owners of the proposal was submitted to staff. Planning Commission Meeting (9/18/12): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Dr. Wallin, 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, October 24, 2012 beginning at 6:30 p.m., will take under consideration this request. 12SN0245-OCT24-B OS-RPT - r / 1 _ ~ N U ~ ~/ V'" U \/ / ~ ~ i ~ N ~ ;~' ' ...... ..... V ~ ~ ,~ 1 z `C~ w ~ ~ ~ / ~' ~ ~ Z ti~ ~ 1~ ; _ 0 LL ~ ~ ~ / ~ 1 lIM LLJ ~ ~ °z , ~ r ' Z (n ~ .r o ' ~ - LL ~ a~ ~ o LL i J N PJE ~ ~ o , d _ ~ ~ 4~ i i K / w ~ ~ v ~' w ~ w ~ ~ Q Z o ~ ~ ~ a N M / ~ Q V zi 0 Z f 1 O 1 ` N a ~ HYBLA RD ¢ ~ i ~ I ~ ! ~ ~' ~ ~