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CASE MANAGER: Ryan Ramsey
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0163
Willie C. Lee
and.
Juanita. M_ Lee
r,,,,,,,,,R, i c ~ni ~ r~r
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F~~2~~nni~u~c
April 24, 2013 BS
Clover Hill Magisterial District
West line of Newbys Bridge Road, south of Sussex Drive
REQUEST: Conditional use approval to pernut a contractor's storage yard in an Agricult~iral (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.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
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. The contractor's storage yard shall be limited to equipment storage only. Equipment
storage shall be linuted to:
a. Two (2) Baclchoes
b. Excavator
c. Bulldozer
d. Bobcat
e. Paving Machine
£ John Deer Tractor
g. Tact Machine
h. Three (3) trailers.
i. Wheel Loader
5. All equipment associated with the contractor storage yard shall be parked a
minimum of two hundred (200) feet from the ultimate right-of--way line along
Newbys Bridge Road, except for the purpose of loading and unloading pernutted
equipment. In addition, all equipment shall be parked no closer than thirty (30) feet
to any adjacent property. (P)
6. Within one hundred and twenty (120) days of approval of this request, all material
stockpiles shall be removed from the property. (P)
7. No new building constriction shall be pernutted 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)
2 13SN0163 ~~PR24-BOS-RPT
10. Movement of equipment shall be limited to Monday through Friday from 8 a.m. to 5
p.m. Equipment shall not be moved on Sanirday or Sunday. (P)
11. Within ninety (90) days of approval of this request, each driveway entrance shall
have a locked chain and post gate installed to restrict entry into the property. (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.
Existing Zoriing:
A
Size:
2.5 acres
Existing Land Use:
Contractor's storage yard
Adjacent Zoriing and Land Use:
North, South and West - A; Single-family residential or vacant
East - R-9; Single-fanuly residential
T TTrr TTrF c
Public Water Svstem:
The request site is located within the Ellchardt 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 ternnates 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 Creels sewer service area. The site is not connected
to the public wastewater system. There is an eight (8) inch sewer line that terminates
3 13SN0163 ~~PR24-BOS-RPT
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 subject property drains to the west to a tributary of Falling Creels 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 may be necessary and that any development of
this site must comply with the Chesapeake Bay regulations.
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 constriction in 2016. The applicant is aware of
the project.
Virginia 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.
4 13SN01Ei3-_~PR24-BC)S-RPT
T ANTS TTCF.
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.
Uses:
Within the Agriculniral (A) District, the ordinance requires a conditional use pernut for the
operation of a contractor's storage yard. A contractor's storage yard is first pernutted by-
right in the General Business (GS) 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 linut the number of constriction vehicles and equipment stored on the
property (Proffered Condition 4). Within 120 days of the approval of the request, the
applicant would be responsible for removing all material stockpiles from the request
property. No further storage of material stockpiles would be pernutted (Proffered Conditions
4 and 6). In addition, the applicant has proffered a condition that would limit equipment
movement to Monday through Friday, from 8 a.m. to 5 p.m. only. Movement of equipment
would be prohibited on Sanirday and Sunday (Proffered Condition 10). No clients would be
pernutted on the property. (Proffered Condition 8)
Site Design:
The applicants have proffered that constriction vehicles and equipment must be setback a
nunimum distance of 200 feet from the ultimate right-of--way line and no less than thirty
(30) feet from the side and rear property lines when stored on the property (Proffered
Condition 5). Proffered Condition 7 would preclude any new buildings on this property to
13SN01Ei3-_~PR24-BC)S-RPT
accommodate this use, thereby linuting the business to the storage yard only. The applicants
have also proffered that within ninety (90) days of the request being approved, each
driveway entrance shall have a locked chain and post gate installed to restrict entry into the
property. (Proffered Condition ll)
Si~nage:
No signage would be pernutted 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.
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.
Applicant (2/26/13):
Proffered conditions were amended.
6 13SN0163 ~~PR24-BOS-RPT
Board of Supervisors Meeting (2/27/13):
The applicant did not accept the recommendation of staff or the Commission.
Mr. Warren expressed concern relative to the late submittal of revised proffered
conditions resulting in the lack of time for the Board and the community to review these
changes. Mr. Warren indicated a deferral would provide an opportunity to review the
proffered conditions.
There was opposition to the deferral present noting concern relative to continued use of
the site as a contractor's storage yard.
The Board did not suspend its n~1es to allow for consideration of the additional proffered
conditions. As such, the case was automatically deferred to the April 24, 2013 Board of
Supervisors hearing.
Staff (2/28/13):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than March 29, 2013 for consideration at the Board's April
24, 2013 public hearing.
Staff (3/25/13 and 3/29/13):
The applicant submitted revised proffers.
The Board of Supervisors, on Wednesday, Apri124, 2013 beginning at 6:30 p.m., will take under
consideration this request.
13SN0163 ~~PR24-BOS-RPT
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