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14SN0571CASE MANAGER: Ryan Ramsey i ~ ~- ~j~, u ~~ ~ ~ ~- ,k ~ ~, ;~ ~ t~kcl^~1~ ;i BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 14SN0571 Leslie D. and Dawn R. Jones Matoaca Magisterial District 9521 Hillhouse Drive ~?~ ~ n i~~ June 25, 2014 BS REQUEST: Conditional use approval to pernut a business (group instniction for farnung practices) incidental to a dwelling unit in an Agricultural (A) District. PROPOSED LAND USE: A home-based business with group instniction is proposed. Conditional use approval is requested to pernut group instniction for farming practices on the request property. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. AYES: MESSRS. WALLIN, PATTON, BROWN AND WALLER. ABSENT: MR. GULLEY. STAFF RECOMMENDATION Recommends 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 and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS MAY PROFFER CONDITIONS. CONDITIONS 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 shall be granted to and for Leslie and Dawn Jones, exclusively, and shall not be transferable nor nln with the land with the exception of the applicant's son, Eli Jones, provided Eli Jones resides on the property. (P) (CPC) 2) Use Permitted: This Conditional Use approval shall be for the operation of a business with group instniction, incidental to a dwelling. (P) (CPC) 3) Time Limitation: This Conditional Use approval shall be granted for a period not to exceed five (5) years from the date of approval (P) (CPC) 4) Hours of Operation: Hours of operation shall be limited to 10 a.m. to 6 p.m. daily. (P) (CPC) 5) Expansion of Use: No new building constriction shall be permitted to accommodate this use. (P) (CPC) 6) Employees: No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) (CPC) 7) Group Instniction: No more than twenty (20) clients shall be permitted on the property at any one time. No more than seven (7) instnictional classes shall be held in a week (Monday through Sunday). (P) (CPC) 8) Si~nage: One sign, not exceeding one (1) square foot in area, shall be permitted to identify this use. (P) (CPC) 9) Parlcin~: No more than seven (7) vehicles for clients shall be parked on the premises at any one time. Parking for these vehicles shall be restricted to the area designated as "Proposed Parking Area" on Exhibit A, dated March 13, 2014. (P) GENERAL INFORMATION Location: The request property is located on the east line of Hillhouse Drive, north of Spring Run Road and is better known as 9521 Hillhouse Drive. Tax ID 741-665-3042. Existing Zoning: A 2 14SN0~71-20141L`~N2~-B( )S-RPT Size: 3.7 acres Existing Land Use: Single-fanuly residential Adj acent Zoning and Land Use: North - R-15; Single-family residential South - R-7; Single-fanuly residential East and West - A; Single-family residential UTILITIES Public Water Svstem: There is an existing sixteen (16) inch water line along Hillhouse Drive. The existing residence is not connected to public water. This use will not impact the public water system. Public Wastewater Svstem: Public wastewater is not mailable and not planned for this area. Closest wastewater line is approximately 3,600 feet from the request property. This use will not impact the public wastewater system. ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. 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 minimal impact on Fire and EMS. County Department of Transportation: The applicant is requesting a conditional use for a business to permit group instniction activities, incidental to a dwelling. Typical traffic generation information is not available for the proposed use. The applicant has reduced the potential impact of the proposed use by proffering conditions that include: 1) limiting hours of operation; 2) restricting the 3 14SN0~71-20141L`~N2~-BCIS-RPT number of employees; and 3) restricting the number of clients on the property at any one (1) time (Proffered Conditions 4, 6 and 7). The proposed land use is anticipated to have a minimal impact on the existing transportation network. Virginia Department of Transportation (VDOT~: VDOT has minimal concerns with this request. The use may be linuted by the amount of off-street parking that can be provided since on-street parking is not available. 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-7 and R-15) and Agricultural (A) and are occupied by single-family residential uses. The subject property is located between the Plantation Estates and Reedy Mill Subdivisions to the north and south. It is anticipated that residential uses will continue in the area as recommended by the Plan. Uses: A farm with livestock (goats) currently operates on the request property. Within the Agricultural (A) District, the ordinance pernuts home occupations with certain restrictions. The applicants propose to operate a business with group instniction for farming practices on the prenuses, incidental to a dwelling. Given that group instniction is prohibited for home occupations, a conditional use is required. The applicants have offered several proffered conditions in an effort to linut the scale of the proposed business. The conditional use would be restricted to the operation of a business with group instniction, incidental to a dwelling for a maximum period of five (5) years specific to the applicants and their son, provided the son resides on the property. (Proffered Conditions 1, 2 and 3) Proffers would linut the hours of operation to 10 a.m. to 6 p.m. daily; preclude offsite employees; and limit the maximum size of group instniction activities to twenty (20) clients at any one (1) time (Proffered Conditions 4 and 6). The frequency of group instniction activities would be linuted to seven (7) times a week (Proffered Condition 7). At the request of the Matoaca District Planning Comnussioner, the applicant has proffered to linut the number and restrict the location of parked vehicles related to this use. (Proffered Condition 9, Exhibit A) 4 14SN0~71-20141L`~N2~-BCIS-RPT Expansion of Use: Group instniction activities are typically held outside of the dwelling located on the property. Consistent with home occupation guidelines, Proffered Condition 5 would prohibit any new building constriction to accommodate this use. The existing dwelling and accessory stnict~ires are outlined in Exhibit A. Si~na~e: Also consistent with home occupation limitations, one sign, not exceeding one (1) square foot in area, will be pernutted to identify this use. (Proffered Condition 8) 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 (5/22/14): The applicants were not present at the meeting due to a family emergency. They did not accept staff's recommendation, but did accept the Planning Commission's recommendation. There was no opposition present. Dr. Wallin noted the property is unique, given the agricultural zoning bordered by residential communities; that no one attended the community meeting for this case; that proffers would limit activities on the site and insure adequate parking; and that the operation represents an educational service to young people in taking care of natural resources. On motion of Dr. Wallin, seconded by Mr. Waller, the Commission recommended approval and acceptance of the proffered conditions on page 2. AYES: Messrs. Wallin, Patton, Brown and Waller. ABSENT: Mr. Gulley. The Board of Supervisors, on Wednesday, June 25, 2014 beginning at 6:30 p.m., will take under consideration this request. 14SN0~71-20141L`~N2~-BOS-RPT _..... ,.~, o'~ N ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... Q Q ~S Q ill i ..... 111... 1 ' .~/ 1 ll~ 1 .7V I N U ~\w z ~\/ 0 r ti ~ N 0 Z f1 O a ~ r _ .. +y ._... Q 4 + 7~ ~ ~ ~ 't ~ _ ' - ~^~/. 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