13SN0111CASE MANAGER: Robert Clay
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December 12, 2012 BS
BS Time Remaining: STAFF'S
365 days REQUEST ANALYSIS
AND
RECOMMENDATION
13SN0111
Ryan Homes
Dale Magisterial District
5509 Belle Pond Drive
REQUEST: Conditional use approval (renewal of Case lOSN0160) to permit a model home in
a Residential Townhouse (R-TH) District.
PROPOSED LAND USE:
A model home is currently being used as a temporary real estate office to market
houses outside of the development in which the model home is located, without
requisite conditional use approval. Renewal of the previously approved
conditional use is requested to bring this use into compliance with the ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
The previously approved conditional use request was negotiated. If after receiving public input,
it is determined approval of this request is appropriate staff, suggests such approval be subject to
the proffered conditions contained herein.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.)
PROFFERED CONDITION
A model home shall be permitted, provided that:
1. In addition to its permanent use as a dwelling, such home may be used as a
temporary real estate office for the purpose of marketing Belfair Townhouse
subdivision, located along Belrun Road.
Providing a FIRST CHOICE community through excellence in public service
2. This temporary real estate office shall be limited to a period of two (2) years from
the date of approval of this Conditional Use.
3. The dwelling is not the primary real estate office for the company marketing the
subdivision.
4. The dwelling is not used as a construction office or for the storage of construction
equipment and/or materials. (P)
GENERAL INFORMATION
T nra4inn•
South line of Belle Pond Drive, west of Belmont Road, and better known as 5509 Belle
Pond Drive. Tax ID 772-692-4559.
Existing Zoning:
R-TH with conditional use planned development
Size
.1 acre
Existing Land Use:
Residential Townhouse
Adjacent Zoning and Land Use:
North, South, East and West - R-TH with conditional use planned development;
Residential townhouses
UTILITIES
Public Water and Wastewater Systems:
The request site is currently connected to the public water and wastewater system. This
request will not impact the public utility systems.
ENVIRONMENTAL AND PUBLIC FACILITIES
This request will have no impact on these facilities.
2 13SN0111-DEC12-BOS-RPT
Fire Cervire•
The Dale Fire Station, Company Number 11, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
LAND USE
Comprehensive Plan:
The Comprehensive Plan for Chesterfield County suggests the property is appropriate for
medium-high density residential use.
Area Development Trends:
The request property is a townhouse lot within the Belle Spring Townes development and
is surrounded by other townhouse units and common area within the development. Belle
Spring Townes is bounded to the north and west by Lantern Ridge and Squire Hill
Apartments, respectively, and to the south by single-family residential units in the
Orchard Acres subdivision. A child day-care center is developed on adjacent property to
the east, across Belmont Road. It is anticipated residential development consistent with
that suggested by the Plan will continue in this area.
Zoning History:
On May 25, 2005 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved Residential Townhouse (R-TH) zoning on the request
site and surrounding property (Case OSSN0218). Subsequently, Belle Spring Townes
townhomes has developed on the property.
On March 10, 2010 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, granted conditional use approval to permit a model home in a
Residential Townhouse (R-TH) District (Case lOSN0160). This approval was granted for
a period of two (2) years and has expired. The applicant is proposing continuing the use
for an additional two (2) year period.
Current Request:
In residential districts, model homes used as temporary real estate offices are permitted
subject to certain restrictions. If any of these restrictions cannot be met, a conditional use
approval is required. These restrictions are designed to insure that the use is temporary;
that it directly serves the community within which it is located; and that it does not create
adverse impacts upon the surrounding residential development.
Currently, a model home located within the completed subdivision of Belle Spring
Townes is being used as a temporary real estate office to market Belfair Townhouses, a
separate community currently under construction and located more than 2,000 feet west
3 13SN0111-DEC12-BOS-RPT
of the model home. Given that this office is not located within the marketed community,
conditional use approval is required.
CONCLUSION
The previously approved conditional use request was negotiated. If after receiving public input,
it is determined approval of this request is appropriate, staff suggests such approval be subject to
the proffered condition contained herein.
CASE HISTORY
Planning Commission Meeting (10/16/12):
On their own motion and with the applicant's consent, the Commission deferred this case
to their November 15, 2012 public hearing.
Staff (10/17/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 22, 2012 for consideration at the
Commission's November 15, 2012 public hearing.
Staff (10/24/12):
To date, no new information has been received.
Planning Commission Meeting (11/15/12):
The applicant did not accept the recommendation.
There was opposition present expressing concerns relative to signs; traffic; a person
dancing with a sign on premises; non compliance with Home Owner's Association
(HOA) covenants; and an off-site office in their neighborhood.
The Commission expressed concerns about the applicant not being in compliance with
community covenants.
On motion of Dr. Brown, seconded by Dr. Wallin, the Commission recommended denial.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
4 13SN0111-DEC12-BOS-RPT
The Board of Supervisors on Wednesday, December 12, 2012 beginning at 6:30 p.m., will take
under consideration this request.
13SN0111-DEC12-BOS-RPT
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