13SN0518CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0518
Maurice E. Morgan, Jr.
Dale Magisterial District
3412 Morningmist Circle
June 26, 2013 BS
REQUEST: Conditional use approval to pernut a business (counselor's office) incidental to a
dwelling unit in a Residential (R-9) District.
PROPOSED LAND USE:
A counselor's office with off-site employees currently operates on the property
without the requisite conditional use approval. Conditional use approval is requested
to bring the use into compliance with the ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
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 area
residential development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITION(S) NOTED "CPC" ARE CONDITIONS RECOMMENDED BY
THE PLANNING COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PROFFERED CONDITIONS
(CPC) 1. Non-Transferable Ownership: This Conditional Use approval shall be
granted exclusively to Maurice Morgan, and shall not be transferable with
the land. (P)
(CPC) 2. Use Pernutted: This Conditional Use approval shall be for the operation of a
counselor's office, incidental to a dwelling. (P)
(CPC) 3. Time Linutation: This Conditional Use approval shall be granted for a period
not to exceed one (1) year from the date of approval (P)
(CPC) 4. Hours of Operation: Hours and days of operation shall be linuted to Monday
through Friday from 9 a.m. to 4 p.m. There shall be no Saturday or Sunday
operation of this use. (P)
(CPC) 5. Expansion of Use: No new building constriction shall be pernutted to
accommodate this use. The use shall be confined to the existing dwelling
designated on Exhibit A, dated January 9, 2013. (P)
(CPC) 6. Employees: No more than two (2) employees, other than the applicant, may
work on the prenuses at any one time. No clients shall be permitted on the
property. (P)
(CPC) 7. Si~nage: There shall be no signs identifying this use. (P)
GENERAL INFORMATION
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The request property is located at the western ternunus of Morningmist Circle, southwest of
Morningnust Drive and is better known as 3412 Morningnust Circle. Tax ID 785-686-7103.
Existing Zonin
R-9
Size:
0.3 acre
Exi• sting Land Use:
Single-fanuly residential
2 13SN0~18-JL`~N2Ei-BOS-RPT
Adj acent Zoning and Land Use:
North, South, East and West - R-9; Single-family residential
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Public Water and Wastewater Systems:
The request site is currently connected to the public water and wastewater systems. This
request will not impact the public utility systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Bensley Fire Station, Company Number 3, and Bensley-Bermuda 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 have no impact on these facilities.
Virginia Department of Transportation (VDOT):
VDOT notes that on-street parking is available for a few office visitors at any one time.
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 Residential (R-9) and are occupied by single-family
residential uses. The subject property is located within the Meadow Oaks subdivision. It is
anticipated that residential uses will continue in the area as recommended by the Plan.
3 13SN0~18-1L`~N2Ei-BOS-RPT
Uses:
Within the Residential (R-9) District, the ordinance pernuts home occupations with certain
restrictions. The applicant operates a counselor's office on the prenuses, incidental to a
dwelling. The applicant's office does not meet the employee restriction for a home
occupation, which prohibits off-site employees from working on the prenuses. Two (2) off-
site employees work on the premises during business hours. A conditional use is required to
operate the counselor's office with two (2) off-site employees working at the request
property.
Proffered conditions would restrict the operation to a counselor's office, incidental to a
dwelling, for the applicant only (Proffered Conditions 1 and 2). The applicant has indicated
his intent to relocate this office use, and as such, has proffered a time linutation of one year.
(Proffered Condition 3)
Proffered Condition 4 would limit the hours of operation to Monday through Friday, from 9
a.m. to 4 p.m. with no Saturday or Sunday operation. Two (2) offsite employees would be
pernutted on the property at any one time. No clients would be pernutted on the property.
(Proffered Condition 6)
Expansion of Use:
The counselor's office operates within the existing single-fanuly dwelling. Proffered
Condition 5 would prohibit any expansion of the use beyond the confines of the existing
dwelling as shown on Exhibit A.
Si~na~e:
No signage would be pernutted to identify this use. (Proffered Condition 7)
CONCLUSION
The proposed land use does not comply with the Plan and is not representative of existing area
residential development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (5/21/13):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
4 13SN0~18-1L`~N2Ei-BC)S-RPT
On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, June 26, 2013 beginning at 6:30 p.m., will take under
consideration this request.
13SN0~18-JL`~N2Ei-BOS-RPT
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13SN0518-1