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17SN0502 CASE NUMBER: 17SN0502 APPLICANT: Christian C. Briggs CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: CLOVER HILL 2320 Dorking Road AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: DECEMBER 14, 2016 BOS Time Remaining: 365 DAYS Applicant’s Agent: RICHARD E. COLLIER (804-276-4134) Applicant’s Contact: CHRISTIAN C. BRIGGS (804-338-8332) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANT’S REQUEST Conditional use to permit a two family dwelling in a Residential (R-15) District. A two-family dwelling (apartment located within a basement) is currently located on the property without the requisite conditional use. A conditional use is requested to allow the continued occupancy of the basement apartment by family members. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Conditions are located in Attachment 1. RECOMMENDATIONS PLANNING RECOMMEND APPROVAL COMMISSION (11/15/2016) RECOMMEND APPROVAL Similar requests approved with no known adverse impacts STAFF Conditions ensure residential character maintained Providing a FIRST CHOICE community through excellence in public service 217SN0502-2016DEC14-BOS-RPT Map 2: Comprehensive Plan Classification: Suburban Residential II The designation suggests the property is appropriate for 2.0 to 4.0 dwellings per acre. Map 3: Surrounding Land Uses & Development Dorking Road Single- family Residential (Bexley Subdivision) Cardiff Loop Road 317SN0502-2016DEC14-BOS-RPT PLANNING Staff Contact: Ryan Ramsey(804-768-7592) ramseyrp@chesterfield.gov PROPOSAL The applicant isrequesting a conditional use to permit a two-family dwelling. Specifically, living space located in the basement of the principal dwelling was renovated this year and will be occupied as a mother-in-law suite. Since its construction, no known complaints have been received relative to this use. The following provides an overview of these proposed limitations: General Overview Requirements Details Limited to: occupants of principal dwelling; individuals related to them by blood, marriage, adoption or Occupancy guardianship; foster children; guests; and any domestic help. Condition 1 Record Notice of Occupancy Deed restriction to be recorded within thirty (30) days. Limitation Condition 2 As conditioned, the use should not adversely affect area residential uses. In addition, second dwellings have been approved in other residential areas on similar parcels with no apparent adverse impact. 417SN0502-2016DEC14-BOS-RPT FIRE SERVICE; Staff Contact: Anthony Batten (804-717-6167) attena@chesterfield.gov PARKS AND RECREATION Staff Contact: Brian Geouge (804-318-8720) geougeb@chesterfield.gov; LIBRARIES; Staff Contact: Jennifer Stevens (804-751-4998) stevensj@chesterfield.gov SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net; ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov This request will have minimal impact on Fire and EMS, parks, libraries, school and environmental facilities. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov To date, no comments have been received. WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov Theexisting dwelling is connected to the public water system and uses a private wastewater system. HEALTH Staff Contact: Jack Watts(804-748-1697) Jack.Watts@vdh.virginia.gov The Health Department must approve expanded use of the private wastewater system. 517SN0502-2016DEC14-BOS-RPT REVITALIZATION Staff Contact: Carl Schlaudt(804-318-8674) schlaudtc@chesterfield.gov The subject site is located in Eastern Route 360 Corridor revitalization area (per Chapter 7 of the Comprehensive Plan). The proposal represents a minor change of use, without apparent site or exterior building improvements. 617SN0502-2016DEC14-BOS-RPT CASE HISTORY Applicant Submittals 7/6/16 Application submitted Community Meeting 11/14/16 Issues Discussed Clarification of request and definition of a two-family dwelling Limiting use to applicants Restricting occupancy to a family only Concern that future property owners are made aware of zoning condition and deed restriction Planning Commission Meeting 11/15/16 Citizen Comments Citizens spoke in support of request noting intent is for use by one family. Concern was expressed relative to use of the term “two-family dwelling” implying two separate families, and posted county notification signs referencing a zoning amendment. Commission Discussion Mrs. Freye and Dr. Wallin noted the term “two-family dwelling” has led to community confusion relative to this type of request for family use. Mrs. Freye noted the use as limited to family was very appropriate and would not change the character of the area. Recommendation – APPROVAL SUBJECT TO THE CONDITIONS IN ATTACHMENT 1 Motion: Freye Second: Sloan AYES: Wallin, Sloan, Frye, Jackson and Jones The Board of Supervisors on Wednesday, December 14, 2016, beginning at 6:30 p.m., will consider this request. 717SN0502-2016DEC14-BOS-RPT ATTACHMENT 1 CONDITIONS Note: The following conditions were recommended by both the Planning Commission and staff 1.Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 2.For the purpose of providing record notice, within thirty (30) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) 817SN0502-2016DEC14-BOS-RPT