14SN0585
CASE MANAGER: Darla Orr
August 19, 2014 CPC
September 17, 2014 BS
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
14SN0585
George W. Winn
Matoaca Magisterial District
7101 Hickory Road
REQUEST: C
Agricultural (A) District.
PROPOSED LAND USE:
A is currently being operated on the
request property without the requisite Conditional Use approval. Conditional Use
approval is requested to bring the use into compliance with the Zoning Ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
AYES: MESSRS. WALLIN, BROWN, GULLEY AND WALLER.
ABSENT: MR. PATTON.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. over
twenty (20) years, the land use does not conform to the recommendations of 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 residential development.
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(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS.
THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(CPC) 1. Non-Transferable Ownership: This Conditional Use approval shall be
granted exclusively to George W. Winn, and shall not be transferable
or run with the land. (P)
(CPC) 2. Use: This Conditional Use approval shall be for the operation of a plumbing
in conjunction with the single
family residential and/or farming use of the property. (P)
(CPC) 3. Time Limitation: This Conditional Use approval shall be granted for a period
not to exceed ten (10) years from the date of approval. (P)
(CPC) 4. Equipment Storage: Outside storage of the equipment and materials shall be
limited as follows:
a. One (1) Mini excavator
b. One (1) Utility truck
c. One (1) Dump truck
d. Two (2) Vans
e. Two (2) Pick-up trucks
f. One (1) trailer
g. e rack. (P)
(CPC) 5. Permitted Area For Use: The use shall be confined to the equipment and
material storage area and structures designated on Exhibit A attached
hereto. (P)
(CPC) 6. Screening: Two (2) staggered rows of evergreen trees shall be planted along
the northern boundary of the permitted storage area to reduce
visibility of this storage area from Hickory Road. Within sixty (60)
days of the approval of this request, the applicant shall submit a
landscaping plan to the Planning Department for review and
approval. The approved landscaping shall be installed within ninety
(90) days of the approval of the landscaping plan.
(CPC) 7. Employees and Clients: A maximum of two (2) employees shall be
permitted to work on the premises other than family member
employees that live on the premises. No clients shall be permitted
on the property (P)
(CPC) 8. Signage: There shall be no signs identifying this use. (P)
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(CPC) 9. Hours of Operation: Except when necessary at other times to accommodate
emergency calls for plumbing services, the business shall be
permitted to operate Monday through Friday from 6:30 a.m. to 7
p.m. (P)
GENERAL INFORMATION
Location:
The request property is located south line of Hickory Road, east of Church Road and better
known as 7101 Hickory Road. Tax ID 776-620-0177.
Existing Zoning:
A
Size:
10 acres
Existing Land Use:
Single family residential, agricultural and plumbing business
Adjacent Zoning and Land Use:
North A; Office (group care facility
South, East and West - A; Agricultural or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch public water line on Hickory Road. The existing
building is connected to public water system. This use will not impact the public water
system. Use of public water will be required for any new building constructed on this
site.
Public Wastewater System:
Not available. There is an eighteen (18) inch public wastewater approximately 11,900 feet to
the south of the site. This use will not impact the public wastewater system.
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Individual Septic System:
The Health Department must approve any new or expanded use of an individual septic
system.
ENVIRONMENTAL AND COUNTY TRANSPORTATION
This request will have a minimal 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.
Virginia Department of Transportation:
VDOT notes that the continued use of the existing entrance is not a concern provided the
use is not expanded or becomes more intense. If the use is expanded or modified to be
open to the general public, then a VDOT permitted commercial entrance would be
needed.
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:
Property to the north is zoned Agricultural (A) and is occupied by a group care facility
and
are occupied by agricultural use, single family residential use on large acreage parcels or are
vacant.
Use:
In addition to the single family residential and horse farming use, the applicant indicates he
has been operating a t
property for over twenty (20) years and plans to continue the use. The applicant stores
motor vehicles, construction equipment and some plumbing materials on approximately 0.4
acre of the south eastern portion of the property, approximately 400 feet south of Hickory
Road. -right, with restrictions, in the
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General Business (C-5) zoning district. The Zoning Ordinance requires approval of a
conditional use to permit a C-5 use in an Agricultural (A) District.
The principal use of the property is for single family residential and farming use. Proffered
conditions would restrict the operation to a plumbing office and storage yard in
conjunction with these uses and limit approval to the applicant only for a period of ten (10)
years (Proffered Conditions 1 - 3). To minimize possible impacts on area property owners,
proffered conditions limit the hours and days of operation, numbers of employees and
prohibit signage to identify the use. (Proffered Conditions 7 - 9)
Limitations on Use and Outside Storage:
The is contained within an existing accessory structure and an
existing equipment parking area (Proffered Condition 5 and Exhibit A). To limit the scale of
this operation, outside storage of equipment and materials would be limited to only the
parking area identified on Exhibit A. Any expansion of this area or the existing storage
building would be prohibited. To
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business. It is important to note that other equipment is located on the property which is
associated only with the existing farming use and not subject to this limitation.
Screening:
To limit visibility of this operation from area properties and Hickory Road, the applicant has
proffered to provide a landscaping screen along the northern boundary of the storage area.
(Proffered Condition 6 and Exhibit A)
CONCLUSION
been operated for over twenty (20) years, the land use
does not conform to the recommendations of the Comprehensive Plan which suggests the
property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre).
The proposed land use is not representative of, nor compatible with, existing and anticipated area
residential development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/19/14):
The applicant accepted the recommendation. There was no opposition present.
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Dr. Wallin stated that the use has been on the property for years with no adverse impact
and, as conditioned, is consistent with existing area development.
On motion of Dr. Wallin, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Wallin, Brown, Gulley and Waller.
ABSENT: Mr. Patton.
The Board of Supervisors, on Wednesday, September 17, 2014 beginning at 6:30 p.m., will take
under consideration this request.
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