13SN0522CASE MANAGER: Robert Clay
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0522
Garland T. Harris, Jr.
Matoaca Magisterial District
20109 Matoaca Road
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July 17, 2013 BS
REQUEST: Conditional use approval to pernut a business (motor vehicle and lawn mower
repair) incidental to a dwelling in an Agricultural (A) District.
PROPOSED LAND USE:
A motor vehicle and lawn mower repair business incidental to a dwelling has been
operated on the property since 1986, as originally approved as a Special Exception
by the Board of Zoriing Appeals (Case 86AN0009). Continued operation of this
business is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
A motor vehicle and lawn mower repair business incidental to a dwelling was originally pernutted
on the property by Special Exception in 1986. After consideration of public input, should the
Comnussion and Board wish to approve this request, acceptance of the proffered conditions would
be appropriate.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PROFFERED CONDITIONS
(STAFF/CPC) 1. This conditional use approval shall be granted to and for Garland T.
Harris, Jr., exclusively, and shall not be transferrable nor non with the
land. (P)
(STAFF/CPC) 2. This conditional use approval shall be granted for a period not to
exceed ten (10) years from the date of approval. (P)
(STAFF/CPC) 3. Other than the applicant, there shall be no employees engaged in this
operation. (P)
(STAFF/CPC) 4. Hours the use may be open to the public shall be restricted to
between 8:00 a.m. and 5:00 p.m., Monday through SatLirday. This
use shall not be open to the public on Sunday. (P)
(STAFF/CPC) 5. All repair activity associated with this use, including storage of
materials, shall be accomplished within the existing garage and shed,
as depicted on the plan subnutted with this application. No additions
or exterior alterations related to this use shall be pernutted to these
stnict~ires. (P)
(STAFF/CPC) 6. A. The driveway (beyond that which serves the existing
residence) and parking areas for vehicles awaiting repair or
pick up shall be surfaced with at least six (6) inches of 21 or
21A stone. All parking and storage areas shall be located east
of the VEPCO right-of--way, north of the driveway, and no
closer than fifty-five (55) feet to the northern property line.
B. Views of the parking and storage areas from the adjacent
properties and Matoaca Road shall be nuninuzed. Existing
vegetation and fencing shall be counted toward this
requirement. Within thirty (30) days of approval of this
request, the applicant shall subnut a plan depicting this
requirement for review and approval by the Planriing
Department, along with a phasing plan for the installation of
these plantings or fencing. (P)
(STAFF/CPC) 7. No signs shall be permitted to identify this use. (P)
GENERAL INFORMATION
Location:
The request property is located on the east line of Matoaca Road, south of Hickory Road and
is better known as 20109 Matoaca Road. Tax ID 778-615-9133.
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Existing Zonin
A
Size:
3.9 acres
Existing Land Use:
Single-fanuly residential with incidental business
Adj acent Zoning and Land Use:
North, South, East and West - A; Single-fanuly residential or vacant
UTILITIES
Public Water and Wastewater Systems:
The request site is currently using a private well and septic system. This request will not
impact the public utility systems.
Health Department:
Continued or expanded use of a private septic system must be approved by the Health
Department.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Matoaca Fire Station, Company Number 8, and Ettrick-Matoaca 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 and Virginia Department of Transportation (VDOT~:
This request will have no impact on these facilities.
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LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the property is appropriate for Suburban Residential II
use (2.0 to 4.0 dwellings per acre).
Area Development Trends:
Area properties are zoned Agricultural (A) and are occupied by single-family residential
uses on acreage parcels or remain vacant. It is anticipated single-family residential uses
will continue in this area, as suggested by the Plan.
Zoning History:
On January 8, 1986, the Board of Zoning Appeals granted a Special Exception to operate
an auto and lawn mower repair shop on the property (Case 86AN0009). With the
approval of this case, several conditions were imposed in an effort to maintain the viral
residential character of the area and to minimize the view of these uses from Matoaca
Road. A one (1) year time limit was placed on the use to determine any impact it may
have on area development.
In 1987, 1992, 1997 and 2003, the Board of Zoning Appeals approved renewal of the
initial Special Exception so that the applicant could continue to operate the repair shop
(Cases 87AR0037, 93AR0104, 98AR0147 and 03AR0206). Similar conditions to those
in the initial approval were imposed with each subsequent renewal. The most recent
renewal (Case 03AR0206) was granted for a period of ten (10) years, expiring on March
5, 2013.
Uses:
The property is occupied by asingle-family residence, a garage and a shed. Automobile and
lawn mower repair services are proposed to continue in the garage and shed (Proffered
Condition 5). Proffered conditions have been offered in an effort to mininuze any negative
impact this use might have on area residential development. These proffered conditions linut
the use to the applicant and provide an approval time period of no more than ten (10) years;
preclude employees; and restrict the hours the use may be open to the public. (Proffered
Conditions 1 through 4)
Site Design:
Proffered conditions have also been offered to address the appearance of the use. These
linutations preclude signage and additions or alterations of the buildings to accommodate
the use; require graveled driveways and parking areas; and provide for screening to
nuninuze visibility of vehicle storage areas from adjacent properties and Matoaca Road.
(Proffered Conditions 5, 6 and 7)
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The proffered conditions are sinular to the conditions previously imposed by the Board of
Zoning Appeals as well as on sinular home-based businesses through the conditional use
process. It should be noted that staff has received no complaints relative to this use.
CONCLUSION
Typically, staff would not support this use because it is not representative of existing and anticipated
area residential development. However, given that the use was approved through prior action,
approval may be appropriate.
If, after consideration of public input, the Commssion and Board determine that continuation of the
use will not adversely impact the area, approval and acceptance of the proffered conditions would
be appropriate.
CASE HISTORY
Planning Commission Meeting (6/18/13):
The applicant accepted the recommendation. There was no opposition present.
Dr. Wallin noted the applicant's long history of operation at this location, with support
from neighbors as indicated at a community meeting held on this zoning request.
On motion of Dr. Wallin, 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, July 17, 2013 beginning at 6:30 p.m., will take under
consideration this request.
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