14SN0548CASE MANAGER: Ryan Ramsey
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BS Time Remaining: STAFF' S
365 days REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0548
Sam Callis
Dale Magisterial District
6221 Newbys Bridge Road
REQUEST: Conditional use approval to pernut a nonprofit civic club and lodge in an
Agricultural (A) District.
PROPOSED LAND USE:
A nonprofit civic club and lodge (Disabled American Veterans) has operated on the
request property since 1985 with special exception approval. An expansion to the
existing building accommodating this use is planned, necessitating conditional use
approval.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE CONDITION AND
PROFFERED CONDITIONS ON PAGES 2 AND 3.
AYES: MESSRS. WALLIN, PATTON, BROWN AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. A nonprofit civic club and lodge has operated on the request property since 1985
without any apparent adverse impact on area properties.
B. As conditioned, this use would continue to be compatible with existing and
anticipated area development.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH
STAFF AND THE COMMISSION.)
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(STAFF/CPC) Building Size Limitation: The principal building for the nonprofit
civic club and lodge shall not exceed 4,800 gross square feet. (P)
PROFFERED CONDITIONS
(STAFF/CPC) 1. Non-Transferable Ownership: This Conditional Use approval shall
be granted exclusively to Al Bartaw, Jr., Chapter 50, Disabled
American Veteran, incorporated, and shall not be transferable nor
nln with the land. (P)
(STAFF/CPC) 2. Use Permitted: This Conditional Use approval shall be for the
operation of a nonprofit civic club and lodge. (P)
(STAFF/CPC) 3. Hours of Operation: Hours of operation shall be limited to 10:00
a.m. to 12:00 midnight, Monday through Sunday. No deliveries
shall be permitted before 9:00 a.m. and after 6:00 p.m. (P)
(STAFF/CPC) 4. Side: One (1) sign identifying the Disabled American Veterans
Club shall be permitted. The sign shall not exceed twelve (12)
square feet in area nor ten (10) feet in height. The sign shall be
neither illuminated nor luminous. (P)
(STAFF/CPC) 5. Outside Storage: No outside storage of materials or equipment
associated with this use shall be permitted. (P)
(STAFF/CPC) 6. Development Standards: Except where those requirements for the
Agricultural (A) District are more restrictive, development shall
conform to the requirements of the Zoning Ordinance for
Corporate Office (O-2) uses in Emerging Growth District areas.
(P)
(STAFF/CPC) 7. Exterior Painting: Prior to the issuance of a certificate of
occupancy for the addition shown on Exhibit A, the metal panel
exterior of the existing building and addition shall be painted a
neutral color as approved by the Planning Department.
a. Any future addition or accessory building with a metal
panel exterior shall also be painted the same neutral color,
as approved by the Planning Department.
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b. Any painted metal panels on the building exterior shall be
maintained to be free of deterioration such as peeling,
graffiti, or a faded appearance. This provision shall include
the painted metal panels used for the exterior of any
accessory building. (P)
GENERAL INFORMATION
Location:
The request property is located in the northeast corner of Belmont and Newbys Bridge
Roads and is better known as 6221 Newbys Bridge Road. Tax ID 755-674-5551.
Existing Zonin
A
Size:
5.6 acres
E~• stingy Land Use:
Nonprofit civic club and lodge
Adjacent Zoning and Land Use:
North, South, East and West - A; Single-family residential or vacant
UTILITIES
Public Water Svstem:
There is a sixteen (16) inch water line on Belmont Road, across from the southeast corner of
the property. The use of the public water system is recommended but will not be required
for the proposed building addition.
Public Wastewater Svstem:
The public wastewater system is not available to the request site.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
3 14SN0~48-2014FEB2Ei-BC)S-RPT
PUBLIC FACILITIES
Fire Service:
The Manchester Volunteer Rescue Squad Fire Station, Company Number 24, and
Manchester Volunteer Rescue Squad currently provide fire protection and emergency
medical service (EMS). This request will have a nunimal impact on Fire and EMS.
County Department of Transportation:
This request will have a minimal impact on the transportation network.
Virginia Department of Transportation (VDOT~:
This request will have no impact on these facilities.
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the request property is appropriate for Industrial use.
Area Development Trends:
Surrounding properties are zoned Agricult~iral (A) and are occupied by single-family
residential uses or remain vacant. It is anticipated that residential uses will transition to
industrial and regional mixed-uses within the immediate area, as recommended by the Plan.
Zoning HistorX:
On November 10, 1980 the Board of Zoning Appeals, approved a special exception (Case
80A176) to permit nonprofit civic club and lodge (Disabled American Veterans) on the
request property. The Board's approval was subject to conditions which: limited approval
to the applicant; granted approval for five (5) years; limited the use to a club and facilities
appurtenant thereto; limited office hours and deliveries; requirement of paved or graveled
parking areas; prohibited additions or alterations for this operation; addressed
architectural style and residential character of the building; prohibit outside storage of
materials or equipment; and permitted a twelve (12) square foot sign, not exceeding ten
(10) feet in height, to identify the nonprofit civic club and lodge.
On November 6, 1985 the Board of Zoning Appeals, approved a renewal of special
exception (Case 85AR160) to permit a nonprofit civic club and lodge on the request
property for the Disabled American Veterans. Previous conditions of approval were left
largely in place with the exception that the Board must approve any planned additions or
alterations to the building on the property; granted approval for eight (8) years; and
4 14SN0~48-2014FEB2Ei-BC)S-RPT
required all parking areas to be paved. The nonprofit civic club and lodge building was
subsequently constricted in 1985.
On April 6, 1994 the Board of Zoning Appeals, approved a renewal of special exception
(Case 94AR0192) to permit the continued use of a nonprofit civic club and lodge on the
request property for the Disabled American Veterans. Modifications to the previously
approved conditions included the removal of the time limitation on the special exception
as well as a screening requirement for the lodge building. (Attachment 1)
Current Request:
Special exception approval to permit a nonprofit civic club and lodge on the request
property has existed since 1980. The building for the nonprofit civic club and lodge was
constricted in 1985. The building is currently 3,600 square feet in area and
accommodates activities for the Disabled American Veterans. The applicant proposes a
1,200 square foot addition to incorporate additional office and meeting room space area
for the lodge.
A previous condition of special exception approval required the Board of Zoning Appeals
to approve any additions or alterations to the existing building. Currently, the ordinance
requires a conditional use for the operation of a nonprofit civic club and lodge. As such,
conditional use approval for this building expansion is requested.
Use:
The applicant continues to proffer that the use on the property be limited to a nonprofit
civic club and lodge (Proffered Condition 2). Proffered conditions would also continue to
limit hours of operation and deliveries, signage, prohibit outside storage of materials and
equipment, and provide nontransferable ownership of the conditional use in the same
manner as the previous special exception approvals (Proffered Conditions 1, 3, 4 and 5).
The size of the principal building accommodating this use would continue to be limited to
4,800 gross square feet. (Condition)
Development Standards:
The property lies within an Emerging Growth District area. The purpose of Emerging
Growth District standards is to promote high quality, well-designed projects. Agriculnral
(A) property is not bound by Emerging Growth District standards. A condition is offered
which will require development of the property to conform to these requirements of the
Zoning Ordinance except where more restrictive Agricultural (A) District standards exist
(Proffered Condition 6). These requirements specifically address access, landscaping,
architectural treatment, setbacks, parking, signs, buffers, utilities and screening of
developments within these areas. If this request is approved, these standards would apply to
the planned addition as well as any other subsequent site improvements.
14SN0~48-2014FEB2Ei-BC)S-RPT
In conjunction with the standards for architecniral treatment for the Emerging Growth
District, the applicant has proffered to paint the exterior metal panels of the existing
building, proposed addition as well as any future additions or accessory stnict~ires
constricted on the property (Proffered Condition 7). The paint color for any exterior metal
panels shall be a color which is neutral, as approved by the Planning Department. In
addition, the paint for any exterior metal panels must be maintained to be free of
deterioration, such as peeling, graffiti, or a faded appearance.
CONCLUSION
The nonprofit civic club and lodge has operated since 1985 without any apparent adverse impact
on area properties. As conditioned, the nonprofit civic club and lodge would continue to be
compatible with area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (1/21/14):
The Planning Commission meeting scheduled for January 21, 2014 was rescheduled to
January 23, 2014 due to inclement weather.
Planning Commission Meeting (1/23/14):
The applicant accepted the recommendation. There was no opposition present.
Dr. Brown noted that the applicant conducted a community meeting where no opposition
was present, therefore he could support the request.
On motion of Dr. Brown, seconded by Mr. Patton, the Commission recommended
approval and acceptance of the condition and seven (7) proffered conditions on pages 2
and 3.
AYES: Messrs. Wallin, Patton, Brown and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, Febniary 26, 2014 beginning at 6:30 p.m., will take
under consideration this request.
Ei 14SN0~48-2014FEB2Ei-BC)S-RPT
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Approved Conditions for Previous Special Exception, 94AR0192
proposed asking spaces would~-accommodate that use.
He further dicated that he had' a ninety (90) day option with` an adjacent land .owner to
purchase mo land- for additional;parking. This option would begin at the date of opening and
if there was. a d for additional parking: spaces, he would.purchase that land and construct. the
required parkin spaces.
Mr. Harvie also esented a letter with.. ten dollars ($10.00) attached, from a student who is
eager to take ice sk ing lessons and wished to contribute to the construction. of the ice skating.
rink..
There was no oppositio present..
On motion of Mr. Cape. n, seconded by Mr. Biggs, the Board resolved to approve Case
94AN0195 for one (1) year.
AYES: Messrs. Biggs, Danie ,Caperton, and Perkinson.
ABSENT: Mr. OBrion.
4-6-94
94AR0192: In Dale Magisterial District, AL BARTAW, JR., CHAPTER 50, DISABLED
AMERICAN VETERANS, INCORPORATED requested renewal of Special Exception
85AR160 to operate a lodge building and facilities appurtenant thereto: The density of such
amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive
Plan designates the property for office use. This property fronts the east line of Newbys Bridge
Road at Belmont Road and is better known as 6221 Newbys Bridge.Road. Tax Map 64-14 (1)
Parcel 5 (Sheet 21).
Mr. Ted Barclay presented the background information and staff's recommendation for approval
of this request with conditions and no .time limit.
Mr. Tom Murphy, representing theiapplicant, came forward: to represent this 'request.
There was no opposition present.
On motion of Mr. Perkinson, seconded by Mr. Biggs, the Board resolved to approve Case
94AR0192, subject to the following'conditions:
CONDITIONS
1. Special Exception shall.. be .granted to and for Al Bartaw, Jr., Chapter 50,
Disabled American Veterans, .Incorporated, exclusively,. and shall not 'be
transferable nor run with the land.
~ , 4/6/94/WP/MINAPR6
14SN0548-1
Approved Conditions for Previous Special Exception, 94AR0192
2. Special Exception shall be: limited to the operation of a lodge building and
facilities appurtenant thereto.
3. :Hours of operation shall be restricted to between 10:00 a.m. and 12:00 midnight,
Monday hrough: Sunday:
4. No deliveries-shall be permitted before.9:00 a.m. and after 6:00 p.m.
5. No additions or alterations .related to this operation shall ,be permitted to the
existing :and/or proposed buildings or uses without prior approval. of this. Board.
6. No outside storage of materials or equipment associated with this use shall be
permitted.
7. One (1) sign identifying. the Disabled American Veterans Club shall be permitted.
This sign ` hall not exceed twelve (12) square feet in area nor- ten (10) feet in
height. 'The sign shall: be neither- illuminated nor luminous.
8. .The undeveloped portion of this property shall remain in its. natural state or
.landscaping shall be installed with an initial height to adequately screen this use.
If .landscaping is used; a plan shall be submitted. and approved by the Planning
Department.
:AYES.: Messrs. Biggs, Daniels, Caperton, .and Perkinson.
ABSENT: Mr: OBrion.
94AN0190: In oaca Magisterial District, HELEN-AND RICHARD HUDSON requested
a Special Exception operate` a-cabinet. making business from the home. The density of such
amendment will be co oiled by zoning conditions or Ordinance standards. The Comprehensive
Plan designates the prop y for a neighborhood mixed use center. This property fronts the east
line of Qualla Road appro 'mately 425 feet southwest of Spring Run Road and is better known
as 9711 Qualla Road. Tax ap 93-5 (1) Parcel 28 (Sheet 30).
<Mr. Ted Barclay presented the ackground information and staff's recommendation for denial
of the request.
Mr. Mike Janosik recognized receipt one letter with six (6) signatures showing support of the
request and one (1) letter of opposition
Mr. Richard Hudson;. the applicant, came ward to represent this request and explained he had
:been. making the cabinets from hishome for e past five (5) years. He further indicated he had
obtained signatures of the- immediate neighbo showing, approval for him to continue running
his business. He emphasized that his work was ery .inconspicuous.
g 4/6/94/WP/MINAPR6
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14SN0548-2