14SN0581CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0581
Brock McAllister
Bermuda Magisterial District
13701 Vance Drive
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October 22, 2014 BS
REQUEST: Conditional use approval to pernut a business (contractor's storage yard) incidental
to a dwelling unit in a Residential (R-7) District.
PROPOSED LAND USE:
A contractor's storage yard is currently operating on the property without the
requisite conditional use approval. Conditional use approval is requested to bring the
use into compliance with the ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend 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 uses.
B. The proposed land use is not representative of, nor compatible with, existing area
residential development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITION(S) NOTED "CPC" ARE CONDITIONS RECOMMENDED BY
THE PLANNING COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
CONDITION
(CPC) There will be no fiirther drainage improvements, unless a plan, in fiill conformance
with Virginia Stormwater Management Regulations, is subnutted by a professional
engineer and approved by the Environmental Engineering Department. (EE)
PROFFERED CONDITIONS
(CPC) 1. Non-Transferable Ownership: This Conditional Use approval shall be
granted exclusively to Brock McAllister, and shall not be transferable with
the land. (P)
(CPC) 2. Use: This Conditional Use approval shall be for the operation of a
contractor's storage yard, incidental to a dwelling. (P)
(CPC) 3. Time Linutation: 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: The contractor's storage yard shall be linuted to
equipment storage only. Equipment storage shall be linuted to:
a. One (1) Baclchoe
b. One (1) Excavator
c. One (1) Bulldozer
d. One (1) Bobcat
e. One (1) Dump trick
f. Three (3) trailers
g. One (1) Mini excavator. (P)
(CPC) 5. Expansion of Use: No new building or parking area constriction shall be
pernutted to accommodate this use. The use shall be confined to the gravel
parking area and accessory garage designated on Exhibit A, dated June 9,
2014. (P)
(CPC) 6. Buffer: A twenty (20) and fifty (50) foot buffer shall be maintained along a
portion of the eastern and southern properties lines, as shown on Exhibit A.
These buffers shall comply with the requirements of the Ordinance for
fifty (50) foot buffers (P)
(CPC) 7. Employees and Clients: One (1) employee shall be pernutted to work on
the prenuses other than fanuly member employees that live on the
prenuses. No clients shall be pernutted on the property (P)
(CPC) 8. Signage: There shall be no signs identifying this use. (P)
2 14SN0~81-2014(. )CT22-BOS-RPT
(CPC) 9. Hours of Operation: Movement of equipment shall be linuted to Monday
through Friday from 6:30 a.m. to 6 p.m. Equipment shall not be moved on
Saturday or Sunday. (P)
GENERAL INFORMATION
Location:
The request property is located at the southern ternunus of Vance Drive, south of
Willowynde Road and is better known as 13701 Vance Drive. Tax ID 808-648-1486.
Existing Zonin
R-7
Size:
6.1 acres
Existing Land Use:
Single-fanuly residential
Adjacent Zoning and Land Use:
North, South, and East - R-7; Single-fanuly residential or vacant
West - A and R-7; Vacant
UTILITIES
Public Water and Wastewater Systems:
The existing stricture is connected to public water. Any new stricture will be required to
connect to public water per county code. Public wastewater is currently not available to
the request property. This use will not impact the public water or wastewater systems.
ENVIRONMENTAL
Drainage and Erosion:
The applicant has constricted a gravel parking area in association with a contractor's
storage yard use. A gravel parking area is classified as an impervious surface that may be
regulated for drainage purposes. The level of imperviousness on the request property has
been evaluated by a professional engineer and deternuned to be eleven (ll) percent.
Since the request property has less than sixteen (16) percent impervious area, the property
3 14SN0~81-2014(. )CT22-BOS-RPT
functions as its own stormwater compliance BMP. Therefore, no site plan is required
with this request.
Constricting new impervious surface areas has the potential to negatively impact
adjacent property owners with additional nmoff. Several storm events have occurred
since the constriction of the applicant's gravel parking area. There have been no reports
of any problems from adjacent or downstream property owners. The applicant has
proffered to limit the contractor's storage yard to the existing gravel parking area and
accessory garage designated on Exhibit A (Proffered Condition 5). This restriction would
preclude any fiirther expansion of these improvements, which would maintain present
levels of stormwater nmoff. In this same effort, expansion of drainage improvements
should not be permitted unless approved by the Environmental Engineering Department.
(Condition)
PUBLIC FACILITIES
Fire Service:
The Dutch Gap Fire Station, Company Number 14, currently provides fire protection and
emergency medical service (EMS). This request will have a nunimal impact on Fire and
EMS.
County Department of Transportation:
The applicant is requesting a conditional use to pernut a contractor's storage yard
incidental to a dwelling. Trip generation rates are not available for this particular use, but
the traffic impact is anticipated to be nunimal.
Vir ink is Department of Transportation (VDOT~:
VDOT has no objection to the proposed use of the property. However, the road was
established before the County's adoption of the road standards first established by ordinance
in 2005. Therefore, it should be noted that the road may not withstand extensive loading
without pavement damage, should extensive use of heavy thick traffic be made.
LAND USE
Comprehensive Plan:
The Plan suggests that the request property is appropriate for Suburban Residential II use
(2.0 to 4.0 dwellings per acre).
4 14SN0~81-2014(. )CT22-BOS-RPT
Area Development Trends:
The area is characterized by single-fanuly residential development. The request property, as
well as properties to the north, south and east, is part of the Woods Edge Subdivision. It is
anticipated that suburban residential uses will continue, as suggested by the Plan.
Use:
Within the Residential (R-7) District, the ordinance requires a conditional use pernut for the
operation of a business, incidental to a dwelling. The applicant stores motor vehicles and
constriction equipment within the rear yard of the property. A contractor's storage yard is
first pernutted by-right, with restrictions, in the General Business (GS) zoning district. The
applicant indicates that he has operated the contractor's storage on the request property for
approximately one (1) year without the requisite conditional use approval.
Proffered conditions would restrict the operation to a contractor's storage yard incidental to
a dwelling for the applicant only, for a period often (10) years (Proffered Conditions 1 - 3).
To nuninuze possible impacts on area property owners, Proffered Condition 9 would linut
the hours and days of operation, with no equipment being moved on Saturday or Sunday.
One (1) outside employee and no clients would be pernutted on the property. (Proffered
Condition 7)
Site Restrictions:
The contractor's storage yard operation is contained to the southern portion of the property
within an existing garage and graveled parking area (Exhibit A). To linut the scale of this
operation, equipment storage would be linuted and any expansion of the use beyond the
accessory building and graveled parking area shown on Exhibit A would be prohibited
(Proffered Conditions 4 and 5). To provide separation and linut visibility of this operation
from adjoining property owners, the applicant has proffered to maintain an existing twenty
(20) and fifty (50) foot buffer area adjacent to the contractor's storage yard (Proffered
Condition 6, Exhibit A).
She:
No signage would 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 and
anticipated area development patterns.
Given these considerations, denial of this request is recommended.
14SN0~81-2014C)CT22-BC1S-RPT
CASE HISTORY
Planning Commission Meeting (7/22/14):
The applicant did not accept the recommendation.
There was opposition present with concerns relative to noise from equipment, hours of
operation and the proximity of a business use adjacent to a residential neighborhood.
Mr. Patton indicated a deferral would provide an opportunity for the applicant to review
the proffered conditions with the community.
On their own motion and with the applicant's consent, the Commssion deferred this case
to their September 16, 2014 public hearing.
Staff (7/23/14):
The applicant was advised in writing that any significant, new or revised information
should be subnutted no later than July 28, 2014 for consideration at the Commission's
September 16, 2014 public hearing.
Staff (8/18/14):
To date, no new information has been received.
Planning Commission Meeting (9/16/14):
The applicant accepted the recommendation. There was support present noting that the
use presented no issues relative to noise or traffic.
Mr. Patton noted that a community meeting was held and the neighbors were supportive;
the use was located on a large parcel and screened from the road; the equipment storage
represented a convenience to the applicant; and his support for small business.
On motion of Mr. Patton, seconded by Mr. Gulley, the Commission recommended
approval subject to the condition and acceptance of the proffered conditions on pages 2
and 3.
AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller.
Ei 14SN0~81-2014(. )CT22-BC)S-RPT
The Board of Supervisors, on Wednesday, October 22, 2014 beginning at 6:30 p.m., will take
under consideration this request.
14SN0~81-2014C)CT22-BC1S-RPT
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14SN0581-1