13SN0163CASE MANAGER: Ryan Ramsey
;'_~`2
'-%i` ~
~ .,,~ I
,..y;.
ADDENDUM
13 SN0163
Willie C. Lee
and
Juanita M Lee
February 27, 2013 BS
Clover Hill Magisterial District
West line of Newbys Bridge Road, south of Sussex Drive
The purpose of this addendum is to advise the Board of applicant's revised proffered
conditions.
REQUEST: Conditional use approval to permit a contractor's storage yard in an Agricultural (A)
District.
PROPOSED LAND USE:
A contractor's storage yard is currently operating on the property without the
requisite conditional use approval. Continued use of a contractor's storage yard is
planned.
On February 1, 2013, the applicant submitted a revised set of proffered conditions for the Board's
consideration. The revisions include the addition of one (1) item of equipment to be stored on the
request property (Proffered Condition 4.i: a wheel loader). The applicant also clarified that all
equipment and construction material storage will be setback seventy-five (75) feet from the ultimate
right-of--way from Newbys Bridge Road (Proffered Conditions 4 and 5). Finally, the applicant
proffered a condition that limits the days and hours of operation for the contractor's storage yard.
(Proffered Condition 10)
Staff continues to recommend denial of this request for reasons outlined in the "Request Analysis."
PROFFERED CONDITIONS
4. Equipment storage shall be limited to:
a. Two (2) Backhoes
b. Excavator
c. Bulldozer
d. Bobcat
e. Paving Machine
£ John Deer Tractor
Providing a FIRST CHOICE community through excellence in public service
g. Tact Machine
h. Three (3) trailers
i. Wheel Loader
5. All equipment associated with the contractor's storage yard shall be parked a
minimum of seventy-five (75) feet from the ultimate right-of--way line along
Newbys Bridge Road, except for the purpose of loading and unloading permitted
equipment. In addition, all equipment shall be parked no closer than thirty (30) feet
to any adjacent property. (P)
6. Outdoor storage areas of construction materials shall be limited to concrete
materials, gravel, dirt and sand only. Any material stockpile shall be located no
closer than seventy-five (75) feet to the ultimate right-of--way line along Newbys
Bridge Road and no closer than thirty (30) feet from any other property line. (P)
10. Movement of equipment and storage materials shall be limited to Monday through
Friday from 8 a.m. to 5 p.m. Equipment and storage materials shall not be moved on
Saturday or Sunday. (P)
2 13SN0136-FEB27-BOS-ADD
CASE MANAGER: Ryan Ramsey
.:: i3 i'f~L_
,i.
t,w_.h.-r:.1
~3
BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0163
Willie C. Lee
and
Juanita M Lee
February 27, 2013 BS
Clover Hill Magisterial District
West line of Newbys Bridge Road, south of Sussex Drive
REQUEST: Conditional use approval to permit a contractor's storage yard in an Agricultural (A)
District.
PROPOSED LAND USE:
A contractor's storage yard is currently operating on the property without the
requisite conditional use approval. Continued use of a contractor's storage yard is
planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land use does not conform to the Comprehensive Plan, which
suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre).
B. The proposed land use is not representative of, nor compatible with, existing and
anticipated area residential development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS MAY
PROFFER CONDITIONS.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
1. This Conditional Use approval shall be granted exclusively to Willie C. Lee and
Juanita M Lee, and shall not be transferable with the land. (P)
2. This Conditional Use approval shall be for the operation of a contractor's storage
yard. (P)
3. This Conditional Use approval shall be granted for a period not to exceed five (5)
years from the date of approval. (P)
4. Equipment storage shall be limited to:
a. Two (2) Backhoes
b. Excavator
c. Bulldozer
d. Bobcat
e. Paving Machine
£ John Deer Tractor
g. Tact Machine
h. Three (3) trailers.
5. All equipment associated with the contractor's storage yard shall be parked a
minimum of seventy-five (75) feet from the front property line, except for the
purpose of loading and unloading permitted equipment. In addition, all equipment
shall be parked no closer than thirty (30) feet to any adjacent property. (P)
6. Outdoor storage areas of construction materials shall be limited to concrete
materials, gravel, dirt and sand only. Any material stockpile shall be located no
closer than seventy-five (75) feet to the front property line and no closer than thirty
(30) feet from any other property line. (P)
7. No new building construction shall be permitted to accommodate this use. (P)
8. No clients shall be permitted on the property. (P)
9. There shall be no signs identifying this use. (P)
GENERAL INFORMATION
Location:
The request property is located on west line of Newbys Bridge Road, south of Sussex Drive.
Tax ID 760-689-7204.
2 13SN0163-FEB27-BOS-RPT
Existing Zoning:
A
Size:
2.5 acres
Existing Land Use:
Contractor's storage yard
Adjacent Zoning and Land Use:
North, South and West - A; Single-family residential or vacant
East - R-9; Single-family residential
UTILITIES
Public Water Svstem:
The request site is located within the Elkhardt Ground pressure zone. There is a sixteen (16)
inch water line extending along the northern side of Newbys Bridge Road approximately
450 feet west of the request site. There is also an eight (8) inch water line that terminates at
the intersection of Newbys Bridge Road and Sussex Drive. The site is not currently
connected to the public water system. Connection to the public water system is not
required.
Public Wastewater Svstem:
The site is located within the Falling Creek sewer service area. The site is not connected
to the public wastewater system. There is an eight (8) inch sewer line that terminates
along Newbys Bridge Road approximately 850 feet south of the request site. Connection
to the public wastewater system is not required.
ENVIRONMENTAL
Drainage and Erosion:
The subj ect property drains to the west to a tributary of Falling Creek and then via Falling
Creek to the James River. There are currently no on-site or off-site drainage or erosion
problems and none are anticipated after development.
It should be noted that off-site easements maybe necessary and that any development of
this site must comply with the Chesapeake Bay regulations.
3 13SN0163-FEB27-BOS-RPT
PUBLIC FACILITIES
Fire Service:
The Manchester Fire Station, Company Number 2, 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:
The applicant is requesting a conditional use to permit a contractor's storage yard. Trip
generation rates are not available for this particular use, but the traffic impact is
anticipated to be minimal.
The Thoroughfare Plan identifies Newbys Bridge Road as a major arterial with a
recommended right-of--way width of ninety (90) feet. The applicant is unwilling to
dedicate forty-five (45) feet of right-of--way, measured from the centerline of Newbys
Bridge Road, in accordance with the Thoroughfare Plan.
Virginia Department of Transportation (VDOT) is managing a project adjacent to this
property. The project will improve the alignment of Newbys Bridge Road from Sussex
Drive to Falling Creek. VDOT anticipates construction in 2016. The applicant is aware
of the project.
Vir ing is Department of Transportation VDOT~:
VDOT notes that a commercial entrance with the appropriate sight distance for the posted
speed limit (and any sight distance easements needed -some trees appear to block clear
sight distance) will be necessary for access to the site.
LAND USE
Comprehensive Plan:
The Comprehensive Plan designates the request property as Suburban Residential II
where residential development (single-family, or condominium uses under certain
circumstances) at a density 2.0 to 4.0 dwellings per acre is appropriate.
Area Development Trends:
Surrounding properties are zoned Agricultural (A) or Residential (R-9) and are occupied
by either single-family residential uses or remain vacant. The subject property is located
just to the west of the Sussex Estates subdivision. It is anticipated that residential
development will continue in this area, as suggested by the Plan.
4 13SN0163-FEB27-BOS-RPT
Uses:
Within the Agricultural (A) District, the ordinance requires a conditional use permit for the
operation of a contractor's storage yard. A contractor's storage yard is first permitted by-
right in the General Business (C-5) and General Industrial (I-2) Districts. The applicants
indicate that they have operated a contractor's storage yard on the request property for
approximately five (5) years without the requisite conditional use approval. The applicants'
operation currently includes the storage of contractor vehicles and equipment, as well as
several material stockpiles.
Proffered conditions would restrict the operation to a contractor's storage yard for the
applicants only (Proffered Conditions 1 and 2). The applicants have indicated a willingness
to provide a time restriction on the conditional use approval and, as such, have proffered a
time limitation of five (5) years. (Proffered Condition 3)
Proffered conditions limit the number of construction vehicles, equipment and material
stockpiles stored on the property. No clients would be permitted on the property. (Proffered
Conditions 4, 6 and 8)
Site Design:
The applicants have proffered that construction vehicles and equipment must be setback a
minimum distance of seventy-five (75) feet from the front property line and no less than
thirty (30) feet from the side and rear property lines when stored on the property (Proffered
Condition 5). Material stockpiles must be setback a minimum distance of seventy-five (75)
feet from the front property line and no less than thirty (30) feet from the side and rear
property lines (Proffered Condition 6). Proffered Condition 7 would preclude any new
buildings on this property to accommodate this use, thereby limiting the business to the
storage yard only.
Si~nage:
No signage would be permitted to identify this use. (Proffered Condition 9)
CONCLUSION
The proposed land use does not comply with the Plan and is not representative of existing and
anticipated area development patterns.
Given these considerations, denial of this request is recommended.
13SN0163-FEB27-BOS-RPT
CASE HISTORY
Planning Commission Meeting (1/15/13):
The applicant did not accept the recommendation.
There was opposition present with concerns relative to access into the site, noise from
equipment, hours of operation, materials buried on the site and impacts on area property
values. A petition of opposition was submitted to the Planning Commission for
consideration.
There was support present noting the applicant's use of this contracting equipment to
help area residents; and the need for this temporary storage area due to the economic
downturn.
The Commission expressed concerns relative to the dangerous curve along the property
frontage and its affect on safe ingress and egress; the planned VDOT road improvement
project for Newbys Bridge Road not taking place until 2016; the negative impacts upon
neighboring properties; and the encroachment of a commercial use into a residential area.
On motion of Mr. Gulley, seconded by Mr. Patton, the Commission recommended denial.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, February 27, 2013 beginning at 6:30 p.m., will take
under consideration this request.
6 13SN0163-FEB27-BOS-RPT