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02SN0246-OCT23.pdfOctober 23, 2002 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 02SN0246 Frederick Yakelewicg and Marianne Yakelewiez Matoaea Magisterial District East line of Branders Bridge Road REQUEST: Rezoning from Residential (R-7) to Agricultural (A) with Conditional Use to permit a mobile auto repair and service business, and riding lessons and training associated with a stock farm in an Agricultural (A) District. PROPOSED LAND USE: A mobile auto repair and service business, and training and riding lessons associated with a stock farm is proposed. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 4. STAFF RECOMMENDATION Recommend denial for the following masons: A. The proposed zoning and land uses do not comply with the Southern and Western Area Plan which suggests the property and surrounding area is appropriate for residential use on i to 5 acre lots, suited for Residential (R-88) zoning. B. The proposed zoning and land use are not compatible with existing and anticipated residential development in the surrounding area. Providing a FIRST CHOICE Community Through Excellence in Public Service. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. ~ CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND TH~ COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMF:~NDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS Proffered,,~C..o. nditions for Conditional Use for the ridin~ and horse skills lessons business and the mobile aut~o repair and servicg_.b,.usiness (CPC) 1. This Conditional Use shall be granted to and for Frederick and Marianne Yakelewicz, exclusively, shall not be transferable nor run with the land, and shall only be permitted provided one or both of the applicant's reside on the subject property. (P) (cPc) 2. No outdoor lighting shall be permitted other than security lighting. (P) (CPC) A maximum of two (2) signs, limited to one (1) for each business, which conform to home occupation sign requirements of the Zoning Ordinance shall be permitted to identify these uses. (P) · .(cPc) Prior to any final site plan approval, forty-five (45) feet of right-of-way on the north side of Lakeview Road and on the east side of Branders Bridge Road, measured from the centerline of both roadways immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) (cPc) Direct access from the property to Lakeview Road and to Branders Bridge Road shall be limited to one (1) entrance/exit onto each roadway. The exact location of these accesses shall be approved by the Transportation Departmem. (T) Proffered Conditions for Conditional Use for riding ,gnd horse skills lessons business (CPC) In conjunction with the keeping of horses, the teaching of horseback riding and other horse skills shall be permitted. No retail sales shall be permitted. There shall be no horse shows nor other uses or activities which would necessitate the assembly of more than eight (8) persons at any one time exclusive of the applicants and their immediate family. (P) (ccc) One (1) parking space shall be provided for each two (2) studems on the property at any one time for the tiding and horse skills lessons. (P) 2 028N0246-OCT23-BOS (cpc) (cpc) (cpc) (cpc) (cpc) (cPc) (cpc) Proffered Conditions for Conditional Use for the mobil.,e__a.ut0,,repair and service business The Conditional Use for the mobile auto repair and service business shall be granted to permit the operation of an office for the business, where vans are dispatched to off-site locations to repair and service vehicles. (P) The mobile auto repair and service business shall be located generally in the area identified as "Proposed Office" on the Plan tkled "Yakelewicz Office Area" and the primary access to such use shall be via a driveway to Lakeview Road. (P) 10. The Conditional Use for the mobile repair and service business shall be granted for a period not to exceed two (2) years fi:om the date of approval of this Conditional Use. (P) 11. There shall be no maintenance or repair (i.e. mechanical or other repairs, cleaning, etc.) of any vehicles to include company vehicles allowed on-site. (P) 12. A maximum of eighteen (18) employees, other than the applicants, shall be engaged in the mobile auto repair and service business, Equipment storage shall be limited to parking of five (5) company vehicles. (P) 13. Hours of operation for the mobile auto service and repair business shall be restricted to between 7:00 a.m. and 5:00 p.m. Monday through Saturday. Provided, however, that a maximum of one (I) employee may be permitted on-site during other hours for the purpose of dispatching vehicles to off-site locations. (P) 14. On the east and west boundaries of the area identified as "Proposed Office" on the Plan titled"Yakelewicz Office Areal the following minimum buffers shall be maintained: a) fi:om the eastern boundary a minimum eighty-five (85) foot buffer inclusive 0fthe required setback shall be maintained, and b) fi:om the western boundary a minimum 100 foot buffer shall be maintained. Further, all driveways, parking areas, and buildings shall be located a minimum of 130 feet fi:om the ultimate right-of-way of Lakeview Road. No trees greater than eight (8) inches in caliper shall be removed from the buffer or setback described herein. In cleared areas of 400 square feet or greater within the buffer or setback, existing vegetation shall be supplemented where necessary to minimize the view of the uses f~om adjacent properties and the public right-of-way. A landscaping plan depicting this requirement shall be submitted to the Planning Department for review and appmvai in conjunction with site plan review. (P) 3 02SN0246-OCT23-BOS (cPc) (CPC) 15. The uses to include building, driveway and parking areas shall not exceed 57,000 gross square feet of total area and any building shall not exceed 1500 gross square feet. Any structure associated with the mobile auto repair and service business shall be a modular or mobile office unit. (P) Proffered Conditions for man'ufactured home and stock farm_u, scs 16. Any manufactured home shall be placed on a permanent foundation with masonry skirting. (P) (cpc) (cPc) (cpc) (CPC) 17. 18. 19. 20. Any manufactured home shall be multi-sectional. (P) Any stock farm use shall be limited to the keeping of six (6) horses and a total of twelve (12) chickens or other fowl. (P) All facilities and areas associated with the keeping of stock animals (stables, pastures, etc.) shall be cleaned and made free of waste on a regular basis. In addition, the property owner shall employ a means of eliminating any odor problems and propagation of insects. (P) Facilities and areas (stables, pastures, horse rings, etc.) associated wlth the keeping of stock animals shall be located a minimum of fifty (50) feet from other adjacent properties and public fights of way or shall be located a minimum of one hundred (100) feet from any on-or off-site well, whichever is greater. (P) (NOTE: in addition to these setbacks, accessory structures such as stables and storage sheds must conform to the setback requirements of the Zordng Ordinance for accessory structures in the underlying zoning district.) GENERAL INFORMATION Location: East line of Branders Bridge Road and north line of Lakeview Road. Tax ID 794-623-5456 (Sheet 41). Existigg ~oning: R-7 with Special Exception, Conditional Use and Mobile Home Permit Size: 12.0 acres 4 02SN0246-OCT23-BOS Exlstln~ Land Use: Multi-sectional manufactured home Adjacent Zoning and Land Use: North - R-7; Vacant South - A; Single family residential or vacant East - R-7; City of Colonial Heights or vacant West 7 A; Single family residential UTILITIES Public Water System: The public water system is not ava/lable to serve the request site. The closest public water main is a sixteen (16) inch water line in Branders Bridge that terminates adjacent to Birdbrook Drive in Forest View Subdivision, approximately 1,900 feet south of this site. The property is subject to the requirements of the County Code relative to use of public water in certain areas of the Southern and Western Area Plan. The Code requires the use of public water except in certain cimumstances, one of which is that the uses are incidental to a principal use that is allowed on septic systems. If this request is approved with a ~equirement that the mobile auto repair and service business be incidental to residential use and that the riding lessons be incidental to stock farm use, the uses will be excepted from the mandatory connection. Otherwise, the Code will require connection to the public water system unless an exception is granted through the site plan review process. Public Wastewater System: The public wastewater system is not available. Use of the public system is not required by Code. Private Well and Septic Tank System: The Health Code requires both the area where the horses are maintained and the area'of any animal waste storage be a minimum of 100 feet from all wells. In addition, the Health Department recommends that manure be handled in a manner so as not to create a nuisance. All required permits must be obtained from the Health Department prior to the installation of individual well and septic systems to serve the proposed uses. 5 02SN0246-OCT23 -BOS ENVIRONMENTAL Drainage and Erosion: The property is partially wooded and drains to the northeast through a tributary to a lake in Colonial Heights. There are currently no on- or off-site drainage or erosion problems with none anticipated after development. It is important to note that a land disturbance permit must be obtained from the Environmental Engineering Department if more than 2,500 square feet of land is to be disturbed to accommodate any of the proposed uses, PUBLIC FACILITIES Fire Service: This request will have a minimal impact on fire/rescue services. Transportation: The property is currently zoned Residential (R-7). Based on single family trip rates, development could generate approximately seventy (70) average daily trips, The applicant is requesting rezoning to Agricultural (A) with a Conditional Use to permit mobile vehicle repair service, and equine riding lessons and training on the property, The request does not include any limitations/controls on the development of these land uses; therefore, it is difficult to anticipate traffic generation. Vehicles generated by this development will be distributed along Lakeview Road and along Branders Bridge Road. Lakeview Road had a 2002 traffic count of 6,786 vehicles per day. Sections of this road have twenty (20) to twenty-one (21) foot wide pavement with no shoulders. The capacity of this road is acceptable for the volume of traffic it currently carries. Branders Bridge Road had a 2002 traffic count of3,118 vehicles per day. Sections of this road have twenty-one (21) to twenty-two (22) foot wide pavement with no shoulders. The capacity of this road is acceptable for the volume of traffic it currently carries. The standard typieai section for Lakeview Road and Branders Bridge Road should be twenty-four (24) foot wide pavement, with minimum eight (8) foot wide shoulders. included in the Virginia Department of Transportation (VDOT) Six Year Secondary Road Improvement Plan is a project to construct turn lanes at the Lakeview Road/Branders Bridge Road intersection. Due to State budgetary shortfalls, the construction schedule for tiffs project is uncertain at this time. The Thoroughfare Plan identifies Lakeview Road and Branders Bridge Road as major arterials with recommended right of way widths of ninety (90) feet. Forty-five (45) feet of right of way, measured from the centerlines of Lakeview Road and Branders Bridge Road, should be dedicated in accordance with that Plan. 6 02SN024&OCT23-BOS Access to major arterials, such as Lakeview Road and Branders Bridge Road, should be controlled. Direct access from the property to Lakeview Road and Brhnders Bridge Road should be limked to one (1) entrance/exit onto each roadway. The traffic impact of this request must be addressed. Mitigating road improvements may need to include relocation of the ditch to provide an adequate shoulder along Lakeview Road and Branders Bridge Road, and construction of mm lanes at each access, based on Transportation Deparunent standards. As previously stated, the request does not include any limitations/controls on the development. In addition, the request does not include commitments to provide any transportation improvements. The applicant should consider substantially controlling the intensity of development on the property, and/or providing mitigating mad improvements. Until these commitments are provided, the Transportation Department cannot support this request. LAND USE Comr~rehensive Plan: Lies within the Southern and Western Area Land Use Plan which suggests the property is appropriate for residential use of 1 to 5 acre lots, suited for Residential (R-88) zoning. Area Development Trends: Area properties are zoned agrieultarally and residentially and are occupied by single family residences or remain ,vacant. Based upon the Plan~ it is anticipated that residential development on large lots will continue to occur in the area. On August 1,2001, the Board of Zoning Appeals approved a Special Exception for two (2) years to permit a mobile auto repair and service business in conjunction with a dwelling to be located on the request property (0IAN0260). Staff did not recommend approval of the Special Exception because the use did not comply with the Plan and had the potential to be incompatible with existing and anticipated area residential development. There was opposition present at the Board of Zoning Appeals who expressed concerns relative to increased tra£Tm and changes in the character of the neighborhood. This Special Exception was granted to and for the applicants exclusively, and for the mobile auto repair and service business only. Restrictions were placed on the hours of operation, the number of employees permitted and equ/pment and vehicle storage. On-site vehicle maintenance and a business identification sign are prohibited on the property. In addition, a fifty (50) foot buffer is required around the entire perimeter of the property. 7 02SN0246-OCT23-BOS On August 22, 2001, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a Conditional Use to permit a stock farm (to allow for the keeping of horses) and horse training and riding lessons in a Residential (R-7) District (01 SN0256). Staff supported the Conditional Use based upon the Plan designating the area for residential development on large lots and the goals of the Plan to maintain the rural character of the area. This Conditional Use was granted to and for the applicants only. Minimum setbacks for areas designated for keeping of animals (i.e. stables, pastures, rings, etc.) were established, as well as minimum parking spaces, the maximum number of animals permitted, and a requirement that odor and pest elimination measures be employed. Retail sales, horse shows or other assembly related activities (which would necessitate assembly of more than eight (8) persons) are prohibited. On March 13, 2002, the Board of Supervisors approved a Mobile Home Perm/t in a Residemial (R-7) District for seven (7) years on the request property, Staff recommended denial of the Mobile Home Permit because the area has been designated for residential development on the Plan. Typically, staff does not support new Mobile Home Permits in areas designated for residential uses. This Permit was granted to the applicants exclusively for their occupancy. Typical standards were also approved relative to skirting, size of the home and additions. Land Uses: A double-wide manufactured home is currently located on the request property as permitted by the Mobile Home Permit (Case 02SN0198) approved by the Board of Supervisors in March, 2002. The applicants have indicated their intent to maintain the manufactured home for their residence, to operate a mobile auto repair business outside of the home and to conduct equine riding and traluing lessons associated with a stock farm on the property. As previously stated, the applicants have obtained approval of a Special Exception, a Conditional Use and a Mobile Home Permit to locate these uses on the request property which is curreatly zoned Residential (R-7). These existing permits and zoning approvals were granted subject to certain conditions intended to mitigate the impact these uses may have on the surrounding residential areas. Because of these existing approvals, rezoning the request property to Agricultural (A)is not necessary to permit the proposed uses. However, the applicants desire relief from certain conditions of these existing permits, specifically, from the condition of the Mobile Home Permit (Case 02SN019g) which establishes a seven (7) year time limit for the permit. In order to address concerns expressed by area citizens and the Matoaca District Commissioner relative to the rezoning and proposed agricultural and commercial land uses in a residential area, the applicants have offered to restrict the permitted uses, as follows: Manufactured Home Use: Manufactured homes (single w/de or multi-sectional) are permitted by-right with no time limitations in an Agricultural (A) Dislriet. Proffered 8 02SN0246-OCT23-BOS Conditions require any manufactured home to be multi-sectional and placed on a permanent foundation with masonry skirting. (Proffered Conditions 16 and 17) Stock Farm Use with Associated RidingLessons and Training Business: Because the request property is greater than three (3) acres, a variety of animais, to include farm animals such as pigs and cows, would be permitted should the request property be rezoned to Agricultural (A). The proffered conditions provide that the stock farm use will only include the keeping of six (6) horses and twelve (12) chickens (Proffered Condition 18). In addition, proffered conditions prohibit retail sales, horse shows or group assembly for more than eight (8) persons for the riding and horse skills lessons business. (Proffered Condition 6) Mobile Auto Repair and Service Business: The mobile auto repair and service business would not be permitted by right or with restrictions in the Agricultural (A) District. The Conditional Use for the mobile auto repair and service business permits the operation of an office for the business, where vans are dispatched to off-site locations to repair and service vehicles w~th no maintenance or repair of any vehicles, including cor~pany vehicle~, allowed on-site (Proffered Conditions 8 and 11). The proffered conditions also establish that the Conditional Use for this business will expire two (2) years from the date of approval (Proffered Condition 10). In addition, the proffered conditions limit the hours of operation of the use and the number of permitted employees, (Proffered Conditions 12 and 13) Site Design: The request property lies within an Emerging Growth District Area. The Zoning Ordinance specifically addresses access, landscaping, setbacks, parking, signs, buffers, utilities and screening of outside storage areas. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed projects. However, should this request be approved, the property will be zoned Agricultural (A) and thereby would not be required to meet the development standards for an Emerging Growth District Area. Should this case be approved, consideration should be given to imposing appropriate development standards. In order to address area citizens' and the Matoaca District Commissioner's concerns relative to the impact agricultural and business development may have on the surrounding residential area and in order to provide land use transition between the uses, the applicants offered'the following relative to site design and development: Stock Farm Use With Associated Riding Lesson and Trainin~ Business: The proffered eonditious require ample parking spaces be provided for the students on the property for the riding and horse skills lessons (Proffered Condition 7). In addition, the proffered conditions require all facilities and areas (stables, pastures, horse tings) associated with the stock farm to be setback from adjacent properties and public fights of way and fi:om any on- or off-site well, to be regularly kept clean and free of 9 02SN0246-OCT23-BOS waste, and that the owner will employ a means of eliminating odor problems and the propagation of insects. (Proffered Conditions 19 and 20) Mobile Auto Repair and Service Business: The applicants submitted a site sketch entitled "Yakelewicz Office Area" which designates the general location of the "office area" for the mobile auto repair and service business in the area of the property closest to Lakeview Road and provides that access to such use shall be via a driveway to Lakeview Road (Proffered Cond'ltion 9). Proffered Condition 15 limits the site area (building, driveway, parking) for the business to no more than 57,000 gross square.feet of total area (Proffered Condition 15). Likewise, Proffered. Condition 15 provides that any building associated with the business cannot exceed 1500 gross square feet and will be a modular or mobile office unit in order to be easily removed once the Conditional Use expires in two (2) years (Proffered Condition 10 and 15). In addition, the proffered conditions establish minimum buffers of eighty-five (85) feet and 100 feet to be maintained from the eastern and western boundaries of the area designated as "Proposed Office" on the site sketch entitled "Yakelewicz Office Area," and require a minimum 130 foot setback for all driveways, parking areas and buildings from Lakeview Road (Proffered Condition 14). Tree preservation and supplemental vegetation within the minimum buffers and setbacks are also provided by Proffered Condition 14 as a means of providing transition between the business and surrounding residential uses. (Proffered Condition 14) In addition to the development standards established for these uses individually, Proffered Conditions 2 and 3 prohibit outdoor lighting other than security lighting for both uses, and limit the.number of permitted signs to two (2), one (1) for the tiding and horse skill lessons business and one (1) for the mobile auto repair and service business. (Proffered Conditions 2 and 3) CONCLUSIONS The request in not in compliance with the Southern and Western Area Plan which suggests that the property and surrounding area is appropriate for residential use on 1 to 5 acm lots, suited for Residential (R-88) zoning. Uses permitted in the Agricultural (A) District can be incompatible with residential development. Further, the Conditional Use requested for the mobile vehicle repair business represents commercial encroachment into a residential area. The keeping of horses and riding lessons could, under the appropriate set of standards, (wh/¢h were imposed through previou~ actions) be compatible with existing and future large lot development in the area. Given these considerations, denial of this request is recommended. 10 02SN0246-OCT23-BOS CASE HISTORY Planning Conunission Meeting (6/1.8/02): On their own motion, the Commission deferred this case to July 16, 2002, to allow the Matoaca District Commissioner to meet with the applicants, staff and area residents. Staff (6/19/02): The applicant was advised in writing that any significant new or revised information should be submitted no later than June 24, 2002, for consideration at the Commission's July meeting. Staff (6/24/02): To date, no additional information has been submitted. Applicant, Staff and Matoaca District Commissioner (6/27702): A meeting was held to discuss the proposal. Applicant and Staff (7/12/02): An omsite meeting was held to' discuss the applicant's plan for development. Staff (7/15/02): A written synopsis of the July 12, meeting was sent to the applicants. Planning Commission Meeting (7/16/02): On their own motion, the Commission deferred this case to September 17, 2002, to allow the Matoaca District Commissioner to work with the applicant, staff and area residents. 11 02SN0246-OCT23~BOS Staff (7/17/02): The applicant was advised in writing that any new or revised information should be submitted no later than July 22, 2002, for consideration at the Commission's September meeting. Staff(8/21/02): To date, no new or revised information has been received. Applicant (9/16/02): The applicants submitted proffered conditions in response to citizens' and the Matoaca District Commissioner's coneoms with the location of agricultural and commercial uses in a residential area. Planning Commission Meeting (9/17/02): The applicants did not accept staff's recommendation, but did accept the Planning Commission's recommendation. A citizen spoke in opposition to the rezoning because the surrounding area in residential and expressed a concern that there had not been ample time to review the proffered conditions. Mr. Stack acknowledged that the request for Agricultural (A) zoning does deviate from the suggestions of the ?lan, but the proposed uses are already permitted by previous zoning approvals. He indicated that he felt the conditions proffered are an improvement over the conditions previously imposed and will better address compatibility and land u.se transition. On motion of Mr. Stack, seconded by Mr. Cunningham, the Commission recommended approval and acceptance of the proffered conditions on pages 2 through 4, AYES: Unanimous. The Board of Supervisors, on Wednesday, October 23, 2002, beginning at 7:00 p.m., will take under consideration this request. 12 02SN0246-OCT23-BOS