13SN0124
CASE MANAGER: Ryan Ramsey
October 16, 2012CPC
November 28, 2012 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
13SN0124
Glenn White
MatoacaMagisterial District
Northwest quadrant of Hull Street and Cosby Roads
REQUEST:Conditional use renewal to permit mulch salesin an Agricultural (A) District.
PROPOSED LAND USE:
Amulch salesbusiness is currently operated on the property. Renewal ofthe
conditional use is requested. With approval of this request, permitted uses would
continue to be limited to a mulch salesbusiness.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approvalfor the following reasons:
A.While theproposed land usedoes not conform to theComprehensive Plan, which
suggests the property is appropriate for neighborhood businessuses, the proffered
conditions would limit the duration, operation and visibility of the existing mulch
salesbusiness.
B.The proposed proffered conditions further ensure the proposed land use is
representative of and compatible with existing and anticipated area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITIONS NOTED “STAFF/CPC” WERE AGREED UPON BY BOTH
STAFF AND THE COMMISSION.)
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PROFFERED CONDITIONS
(STAFF/CPC)1.This Conditional Use shall be granted for a period not to exceed
five (5) years from the date of approval and shall not be
transferable or run with the landexcept to descendants of Glenn
White. (P)
(STAFF/CPC)2.This Conditional Use shall be limited to the sale of mulch,
exclusively. (P)
(STAFF/CPC)3.The use shall not be open tothe public between 6:00 p.m. and 8:00
a.m. (P)
(STAFF/CPC)4.There shall be no additional buildings erected on the property for
this use. (P)
(STAFF/CPC)5.There shall be no direct vehicular access to Hull Street Road. (T)
(STAFF/CPC)6.Views of the mulch storage areas from Hull Street Road shall be
minimized with the installation of Perimeter Landscaping C
incorporating: 1) a single row of large deciduous or evergreen trees
planted ten (10) feet on center with a minimum height of six (6)
feet at time of planting and 2) a decorative three rail fence a
minimum of four feet in height. (P)
(STAFF/CPC)7.Views of the mulch storage areas from Cosby Road shall be
screened with either 1) the installation of a privacy fence, a
minimum of six (6) feet inheight or 2) a single row of large
deciduous or evergreen trees planted ten (10) feet on center with a
minimum height of six (6) feet at time of planting and 2) a
decorative three rail fence a minimum of four feet in height. (P)
(STAFF/CPC)8.Landscaping and fencing shall be installed in the areas depicted on
Exhibit A. Proposed Landscape Areas A and B shall be
supplemented with plantings in accordance with Proffered
Conditions 6 and 7. (P)
(STAFF/CPC)9.A landscape plan depicting the requirements ofProffered
Conditions 6 and 7 shall be submitted to the Planning Department
within forty-five (45) days of approval of the Conditional Use. The
execution of this approved plan shall occur no later than May 31,
2013. (P)
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GENERAL INFORMATION
Location:
The request property is located at the northwest quadrant of the intersection of Hull Street
and Cosby Roads. Tax ID 716-671-Part of 6919.
Existing Zoning:
A
Size
:
1.3acres
Existing Land Use:
Single-family dwelling (vacant) and mulch salesbusiness
Adjacent Zoning and Land Use:
North –C-3, A and A with conditional use; Single-family residential, commercial or
public/semi-public, or vacant
South –A and R-TH; Multifamilyresidential or vacant
East –C-3 with conditional use; Vacant
West –A; Vacant
UTILITIES
Public Water System:
The request site is within the Clover Hill Water Pressure Zone. There is an existing twenty-
four (24) inch water line extending along the north side of Hull Street Road within an
easement across the request site. In addition, there is an existing eight (8) inch water line
extending along the north side of Cosby Road opposite the northern boundary of this site.
The zoning case area of the parcel only includes the eastern corner of the site. Use of the
public water system is required by county code for any future development of this site.
Public Wastewater System:
The request site is within the Upper Swift Creek Sewer Service Area. There is an existing
twenty-one (21) inch wastewater trunk line extending along the West Branch of Swift
Creek approximately 3,000 feet north of this site. The zoning case area of the parcel only
includes the eastern corner of the site. Use of the public wastewater system is required by
county code for any future development of this site.
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ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Clover Hill Fire Station, Company Number 24, 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.
County Department of Transportation:
This request will result in the same traffic impact as the previously approved conditional
use (Case 08SN0274). Access to major arterials,such as Route 360 should be controlled
in order to reduce the number of potential conflict points along these heavily traveled
corridors. The applicant has proffered to preclude access to Route 360.(Proffered
Condition 5)
The Thoroughfare Plan identifies Route 360 as a major arterial with a recommended
right-of-way width of 120 to 200 feet. Along Route 360 in this area, 100 feet of right-of-
way, measured from the centerline of the road adjacent to the property, should be
dedicated to the County. When asked, the applicant was not willing to dedicate right-of-
way in accordance with this Plan.
Virginia Department of Transportation(VDOT):
VDOT has no comments concerning continued activity at this site and the continued use of
an existing entrance. VDOT does note that the entrance used does not conform to current
VDOT requirements for new commercial entrances.
LAND USE
Comprehensive Plan:
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The Comprehensive Plandesignatesthe subject property as “Neighborhood Business.”
This designation recommends“Commercial uses that serve neighborhoodwide trade
areas. Such uses generally attract customers residing in neighborhoods within a small
geographical area. The size of individual stores is typically larger than that found in a
Convenience Business area; and uses are located completely within anenclosed building.
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Typical uses could include grocery stores, clothing stores, medical clinics, hardware
stores, restaurants or other uses that primarily serve weekly or biweekly household
needs.”While the proposed use does not conform to the Plan’sdesignation, proffered
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conditions would limit the duration, operation and visibility of the existing mulch sales
use.
Area Development Trends:
Properties to the north are zoned Agricultural (A) and A with conditional use and are
occupied by a single-family residence, a commercial sports park or communications tower.
Properties to the south are zoned Community Business (C-3), Light Industrial (I-1),
Residential Townhouse (R-TH) and Agricultural (A) and are occupied by the Alta Sterling
Apartments or remain vacant. Community Business (C-3) property to the east and
Agricultural (A) properties to the west are currently vacant. It is anticipated that future
development/redevelopment of agriculturally-zoned properties around this intersection of
Hull Street and Cosby Roads would be in the form of office or residential uses, providing
transition between the commercial nodes located at Woodlake Village Parkway and
Otterdale Road consistent with the recommendations of the Plan.
Zoning History:
On September 24, 2008 the Board of Supervisors approved a conditional use to permit
the operation of a mulch salesbusiness (Case 08SN0274). The Board approved
conditions pertaining to land use, hours of operation, site layoutand screening of the
mulch storage on the subject property. The conditional use expired on September 24,
2011.
Uses and Operation:
Amulch salesbusiness is currently operated on the property. Proffered Conditions 1 and 2
limit the use to a mulch salesbusiness for a period of five (5)years from the approval of the
conditional use.The applicant continues to limit the hours of operation of the mulch
business. (Proffered Condition 3)
Proffered Condition 4 indicates that no additional buildings will be located on the property
to serve this use. Staff has visited the property and noted that the current operation consists
of mulch storage, parking of vehicles to include delivery trucks, storage of equipment and a
small portable office building. This proffered condition would allow for continued use of the
portable office building as well as the conversion of the existing dwelling located on the
property for business purposes. Further, this proffer does not restrict the area and amount of
property devoted to mulch storage.
Development Standards:
The subject property is located in an Agricultural (A) District and hence is not subject to the
Emerging Growth District Standards of the Zoning Ordinance. The purpose of the Emerging
Growth District Standards is to promote high quality, well-designed projects. These
standards include access, landscaping, parking, architectural treatment, setbacks, signs,
buffers, utilities, screening of outside storage, dumpsters and loading areas and lighting.
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With the exception of screening of mulch storage areas from Cosby Road, asdiscussed
herein, the applicant has not proffered compliance with EmergingGrowth District standards.
Outside Storageand Screening:
As previously noted, the applicant’s business incorporates the storage of mulch. The
applicant has proffered to screenthe view of mulch storage areas from portions of Cosby
Road. Views from Hull Street Road and portions of Cosby Road would be minimized with a
combination of new and existing landscaping and a decorative fence (Proffered Conditions 6
–9). An area of existing vegetation was recently cleared along the eastern edge of the
property.The applicant has proffered to extend landscaping and a decorative three(3) rail
fence into the areas that were previously cleared(Exhibit A).Proffered Condition 8would
requirethe extension of landscaping and a decorative fencethat would matchthe standards
previously profferedby the applicant in 2008.
CONCLUSION
The proposed land usedoes not provide further intensification of the existing mulch salesbusiness.
The applicant has proffered conditions that continue to limit the hours of operation, provide
screening along the property’s frontage and maintaina time limitation on the duration of the
conditional use. These conditions ensure that the land use remains temporary until such time that
the property is ready to be developed according to the current comprehensive plan designation.
In addition, the proposed proffered conditions further ensure that the proposed land use is
representative of and compatible with existing andanticipated area development.
Given these considerations, approvalof this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/16/12):
The applicant’s representativeaccepted 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, November 28, 2012 beginning at 6:30 p.m., will take
under consideration this request.
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