13SN0532CASE MANAGER: Robert Clay
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
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August 28, 2013 BS
13 SN0532
Costella H. Hall
Bermuda Magisterial District
10201 and 10211 Elokonun Avenue
REQUEST: Conditional use approval to pernut a business (motor vehicle repair) incidental to a
dwelling unit in a Residential (R-7) District.
PROPOSED LAND USE:
A motor vehicle repair facility incidental to a dwelling is currently being operated on
the site with conditional use approval. Continued operation of this business is
proposed..
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 1 AND 2.
STAFF RECOMMENDATION
A motor vehicle repair business incidental to a dwelling was originally pernutted on the property by
Special Exception in 1988. After consideration of public input, should the Commission 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.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. This conditional use approval shall be granted to and for Costella
H. Hall, exclusively, and shall not be transferable nor nln with the
land. (P)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
(STAFF/CPC) 2. This conditional use approval shall be granted for a period not to
exceed three (3) years from the date of approval (P)
(STAFF/CPC) 3. Other than the applicant, only two (2) employees shall be allowed
in conjunction with this use. (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 Friday, and
between 9:00 a.m. and 12:00 p.m. on Saturday. The use shall not
be open to the public on Sunday. (P)
(STAFF/CPC) 5. One (1) sign shall be permitted to identify this use. Such sign shall
not exceed one (1) square foot in area and shall not be illununated.
gyp)
(STAFF/CPC) 6. There shall be no outside storage of junk vehicles, automobile
parts, or other miscellaneous debris associated with this use. No
more than three (3) vehicles awaiting repair shall be stored outside
overnight at any one time. (P)
(STAFF/CPC) 7. This use shall be conducted within an enclosed stricture. (P)
(STAFF/CPC) 8. Except for alterations to meet Americans with Disabilities Act
(ADA) or other building code requirements, there shall be no
additions or alterations to the stnict~ire to accommodate this use. (P
& BI)
(STAFF/CPC) 9. Used motor oil andlor other automobile fluids shall be disposed of at
a facility authorized by the state to receive such products. (P)
GENERAL INFORMATION
Location:
The request property is located on the east line of Elokonun Avenue, north of Wonderview
Drive and is better known as 10201 and 10211 Elokonun Avenue. Tax IDs 795-666-5531
and 5823.
Existing Zoning:
R-7
Size:
0.5 acre
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Existing Land Use:
Single-fanuly residential with incidental commercial use
Adj acent Zoning and Land Use:
North and West - G5; Commercial
South and East - R-7; Single-family residential or vacant
UTILITIES
Public Water S,, sue:
The site is located within the Bellwood water pressure zone. There is a six (6) inch water
line extending along Elolconun Avenue approximately 290 feet from the site. The site is not
connected to the public water system. This request will not impact the public water
system.
Public Wastewater System:
The site is located in the Proctors Creels sewer service area. There is an existing eight (8)
inch wastewater line extending along the western side of Elolconun Avenue. The site is
currently connected to the public wastewater system. This request will not impact the
public wastewater system.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Centralia Fire Station, Company Number 17, 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~:
This request will have no impact on these facilities.
3 13SN0~32-_~liG28-BC1S-RPT
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the
property is appropriate for regional mixed use. Commercial, office and light industrial
development which serves a regional market, including large scale developments,
corporate offices and supporting retail uses are the type uses recommended for a regional
mixed use area. The Plan suggests such developments should consist of an aggregation of
properties.
Area Development Trends:
The area is characterized by commercial zoning and land uses to the north and west. Single-
family residential zoning and residential uses and vacant lots in the Halfway House Heights
Subdivision are located on property to the south and east. It should be noted a commercial
and residential development (Colony Crossing), representing a reinvestment in the area, is
under constriction across from this area, on the west line of Jefferson Davis Highway. It is
anticipated a regional nuxed use project, consisting of an aggregation of parcels, will
develop in this area, as suggested by the Plan.
Zoning History:
On Febniary 3, 1988 the Board of Zoning Appeals, granted a Special Exception to
Earnest Clifton Hall, III to permit the operation of an automotive repair shop on the
request property (Case 88A007). With the approval of Case 88A007, conditions were
imposed, including a 1-year time limit, in an effort to mininuze any adverse impact the
use might have on area residential development.
On April 5, 1989 the Board of Zoning Appeals, granted a Special Exception to Daniel F.
Hall to permit the operation of an automotive repair shop for one (1) year on the request
property, subject to the conditions. (Case 89AN0188)
On July 11, 1990 the Board of Zoning Appeals, granted a Special Exception to Costella
H. Hall to permit the operation of an automotive repair shop for three (3) years on the
request property, subject to conditions. (Case 90AN0221)
On July 7, 1993 the Board of Zoning Appeals, granted a renewal of Special Exception
90AN0221 to Costella H. Hall to permit the operation of an automotive repair shop from
the home for seven (7) years on the request property, subject to conditions (Case
93AR0222). This Special Exception expired in July of 2000, yet the operation has
continued.
On Febniary 24, 2010 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, granted a conditional use approval to permit the operation of
an automotive repair shop from the home for three (3) years on the request property,
4 USN0~32-_~liG28-BOS-RPT
subject to conditions (Case lOSN0133). This conditional use approval expired on
Febniary 24, 2013.
Uses:
The property is occupied by asingle-family residence and aone-bay garage. Automobile
repair services are to continue to take place in the garage. The applicant has offered
conditions in an effort to mininuze any negative impact this use nught have on area
residential development. These conditions linut the use to the applicant and provide an
approval time period of no more than three (3) years (Proffered Conditions 1 and 2); linut
the number of employees involved in the motor vehicle repair operation to two (2)
(Proffered Condition 3); restrict the hours the use may be open to the public (Proffered
Condition 4); and addresses the disposal of automobile fluids (Proffered Condition 9). It
should be noted that these hours of operation would not linut the actual repair work on
motor vehicles; only when customers are permitted on the property.
Site Design:
In an effort to maintain the residential character of the property, the applicant has offered
several conditions which would address the appearance of the use. Specifically, linutations
are offered on outside storage of vehicles; location of repair services; and additions or
alterations of the buildings to accommodate the use (Proffered Conditions 6, 7 and 8). It
should be noted staff has received no complaints relative to this use.
Si~nage:
The ordinance permits a sign, not to exceed one (1) square foot in area, for the purpose of
displaying the name of a home occupation or a business incidental to a residential use
provided the sign is not illuminated. (Proffered Condition 5)
CONCLUSION
Typically, staff would not support this use because it is not representative of existing and anticipated
area development and reinvestment. However, given that the use was approved through prior action,
approval may be appropriate for a linuted period of time.
If, after consideration of public input, the Board deternunes that continuation of the use will not
adversely impact the area, approval and acceptance of the proffered conditions would be
appropriate.
13SN0~32-_~liG28-BC1S-RPT
CASE HISTORY
Planning Commission Meeting (7/16/13):
The applicant accepted the recommendation.
There was opposition present expressing concerns relative to traffic and the potential
impact of the use on an unimproved road to the rear of the subj ect property. The applicant
clarified that access would continue to be from Elokomin and not from the unimproved
road referred to by the opposition.
On motion of Mr. Patton, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on pages 1 and 2.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, August 28, 2013 beginning at 6:30 p.m., will take
under consideration this request.
Ei 13SN0~32-_~liG28-BC)S-RPT
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