14SN0514
CASE MANAGER: Ryan Ramsey
November 19, 2013 CPC
December 11, 2013 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
14SN0514
Gary Sutton
MidlothianMagisterial District
6539 Walmsley Boulevard
REQUEST:Conditional use approval to permit a business (small engine repair) incidental to a
dwelling unit in a Residential (R-7)District.
PROPOSED LAND USE:
A small engine repair shopwas previously operating on the property without the
requisite conditional use approval. Conditional use approval to permit the operation
of a small engine repairbusiness to recommence is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCEOF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommenddenial for the following reasons:
A.The proposed land use does notconform to the Comprehensive Plan,which
suggests the property is appropriate for Medium-High Density Residential use
(minimum 4.0 to 8.0 dwellings per acre).
B.The proposed land use is notrepresentative of, nor compatible with,existing and
anticipated area residential development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS.CONDITIONS NOTED WITH “CPC” ARE RECOMMENDED BY THE
PLANNING COMMISSION.)
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PROFFERED CONDITIONS
(CPC)1.Non-Transferable Ownership: This Conditional Use approval shall
be granted exclusively to Gary Sutton, and shall not be transferable
nor run with the land. (P)
(CPC)2.Time Limitation: This Conditional Use approval shall be granted
for a period not to exceed three (3) years from the date of approval.
(P)
(CPC)3.Location of Repair Activity: All repair activity associated with this
use, shall be accomplished within the “Work Shop” or the fenced
area adjoining the“Work Shop”, as designated on Exhibit A, dated
September 5, 2013. Outside storage of materials or equipment
associated with this use shall be prohibited. No new building
construction shall be permitted to accommodate this use. (P)
(CPC)4.Hours of Operation:
a.Client pick-up and drop-off of equipment shall be limited
to Monday through Friday from 6 p.m. to 8 p.m.
b.Repair activity, client pick-up and drop-off of equipment
shall be limited to Saturday and Sunday from 9 a.m. to 6
p.m. (P)
(CPC)5.Employees and Clients: No employees, other than the applicant,
shall be permitted to work on the premises for the small engine
repair shop. No more than two clients shall be permitted on the
property at any one time. (P)
(CPC)6.Signage: One freestanding sign, not exceeding five (5) square feet
in area and four (4) feet in height, shall be permitted to identify the
small engine repair shop. (P)
(CPC)7.Screening: Withinninety (90) days of approval, a six (6) foot tall
privacy fence shall be installed adjacent to the “Work Shop”, as
designated on Exhibit A, so as to screen the outside work area
from adjacent properties and Danzler Road. (P)
GENERAL INFORMATION
Location:
The request property is located in the southeast corner of Walmsley Boulevard and Danzler
Road and is better known as 6539 Walmsley Boulevard. Tax IDs 768-695-5303 and 5618.
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Existing Zoning:
R-7
Size:
0.7 acre
Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North, East and West–R-7; Single-family residential or public/semi-public (church)
South –R-7; Multi-family residential
UTILITIES
Public Water andWastewater Systems:
The existing residence is connected to the public water and wastewater systems.The
requested use will be in another structure on-site which does not have plumbing.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service
:
The Manchester Fire Station, Company Number 2, and Forest-View 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:
Thisrequest will have no impact on these facilities.
Virginia Department of Transportation (VDOT):
VDOT notes that the property is likely accessed by a local private road, Danzler Road.
VDOT has no objection to small engine repair that is incidental to theresidential nature of
the property.
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LAND USE
Comprehensive Plan:
The Comprehensive Plandesignates the request property for Medium-High Density
Residential where residential development (single-family, two-family, zero lot line,
townhouse, condominiumand multifamily dwellings) at a minimum 4.0 to 8.0 dwellings
per acre is appropriate.
Area Development Trends:
Surrounding properties are zoned Residential (R-7) and are occupied by either single-family
or multi-family residential uses or public/semi-public uses (church). The subject property is
located just to the south of the Marlboro Subdivision and north of the Danzler Place
Townhomes. It is anticipated that residential development will continue in this area, as
suggested by the Plan.
Uses:
Within the Residential (R-7) District, the ordinance requires a conditional use permit for the
operation of a businessincidental to a dwelling. The applicant performs small engine repair
for lawnmower equipment. A small engine repair shopis first permitted by-right in the
Community Business (C-3)District. The applicant indicates that he has operated this use on
the request property for approximately six (6) years without the requisite conditional use
approval. The operation consists of a detached work shop and an outside work area as
depicted on Exhibit A.
Proffered conditions have been offered by the applicant to restrict the use. Proffered
conditionswould restrict conditional use approval to the applicant onlyfor a periodof three
(3) years(Proffered Conditions1 and 2).Client pick-up and drop off of equipment would be
restricted on Monday through Friday. Repair activitywould be limited to Saturday and
Sunday (Proffered Condition 4). No employees wouldbe allowed to work on the premises
and no more thantwo (2) clients wouldbepermitted on the property at any one timeto drop
off or pick up items. (Proffered Condition5)
Site Design:
The request property contains a single-family dwelling and a series of accessory structures
to the rear of the dwelling.Proffered Condition 3would preclude additions and exterior
alterations to any structures on the property for this use, and would limitthe operationto the
work shopand the proposedfenced area (Exhibit A). Outside storage of materials or
equipment wouldbe prohibited. The applicant has proffered the construction of a six (6)
foot privacy fence to screen theoutdoor work area from adjacent properties and Danzler
Road.(Proffered Condition 7)
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Signage:
The applicant had previously installed a freestanding sign advertising the small engine repair
business. If this request is approved, the sign could be reinstalled and limited to five (5)
square feet in height and four (4) feetin area. (Proffered Condition 6)
CONCLUSION
The proposed land use does notcomply with the Planand is not representative of existing and
anticipated area residential development patterns.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (11/19/13):
The applicant accepted the recommendation. There was no opposition present.
Mr. Waller noted that with the proffered limitations combined with letters of support
from adjacent property owners that he was supportive of the request.
On motion of Mr. Waller, seconded by Dr. Wallin, 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, December 11, 2013 beginning at 6:30 p.m., will take
under consideration this request.
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