04SN0103-Nov 25.pdfNovember 25, 2003 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
04SN0103
Gary Collins
Matoaca Magisterial District
West line of Hensley Road
REQUEST: Conditional Use to permit a model home in a Residential (R-12) District.
PROPOSED LAND USE:
A model home (sales office) not located within a permanent dwelling is planned.
Specifically, the applicant proposes to locate the model home (sales office) within a
modular office unit until sUch t'Lme as construction of a permanent dwelling to be
used as a model home-on the request property is complete. The model home (sales
office) would then be temporarily located within the permanent dwelling until 'the
project is complete.
PLANNING COMMISSION RECOMMFNDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
AYES: MESSRS. LITTON, CUNNINGHAM, GULLEY AND STACK.
ABSENT: MR. OECKER.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. Approval of the modular office unit would.be appropriate since use of the structure
is proposed temporarily.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The .recommended conditions are similar to Ordinance standards for model homes
and further ensure the residential character of the sUrrounding area will be
maintained.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED. UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH-ONLY-A' "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY: A "CPC'" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC) 1.
A temporary model home shall be permitted in a modular unit
provided such unit shall be utilized for a maximum of 180 days from
the date of approval of this request. At the end of the 180 days, the
temporary Sales trailer shall be removed and-the temporary model
home may be located within a permanent dwelling-on the property.
(P).
(STAFF/CPC) 2.
The model home shall only. be used to market the development
(Collington Subdivision) in which it is' lOcated and shall not be used
for the sale of lots or houses outside of the development (Collington
Subdivision) in which it is located: (P)
(STAFF/CPC) 3.
The model home shall not be the primary real estate office for the
company marketing the development. (P).
(STAFF/CPC) 4.
The model home shall be incidental to construction activity taking
place within the development (Collington Subdivision). (P)
GENERAL. INFORMATION
Location:
West line of Hensley Road, north of Brandy Crest Drive.
(Sheet 23)2
Existing Zoning:
R-12 with Conditional Use Planned Development
Size:
Tax .ID 726,662-Part of 2430
2.0 acres
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Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North and West - R-12 with Conditional Use Planned Development; Vacant
South and East- R-25; Single family residential or vacant
UTILITIES
Public Water System:
A sixteen (16) inch water line extends, along the northwest side of Hensley Road adjacent
to the request site. Plans for extending ~ the public Water system, to serve Coll~ngton
sUbdivision, Sections One and.Two; which includes the site of-the future permanent
dwelling to be utilized as'a model home, have been submitted to the Utilities Department
for-review. Use of the public water system is required as a-condition for zoning (Case
00SN0174, Proffered Condition 2) and will be used to serve the permanent dwelling' to be
used as a model home.
Public Wastewater System:
There is an existing ten (10) inch wastewater sub-mink line extending alOng the eastem
branch of Spring Run to serve'The Woods at Summerford. Plans for extending the public
wastewater system to serve Collington 'Subdivision, Sections One and Two,-which will
include the site of the future-permanent dwelling to be utilized as a model home, have
been submitted to the Utilities Department for review. Use of the public wastewater
system is required as a ~ondition for zoning (Case 00SN0174, Proffered Condition 2) and
will be used to serve the permanent dwelling to be used as a model home.
Private Water System:
To provide temporary sales office space, a temporary trailer is proposed which will be
served by a portable water service until the sales operations can be relocated in a
completed permanent dwelling.. The Health Department must approve the proposed
portable water system.
Private Wastewater SyStem:
To provide temporary sales office space, a temporary trailer is proposed which will-be
served by a portable wastewater disposal system (port-a-john. facilities) until the sales
operations can be relocated in a completed permanent dwelling. The Health Department
must approve the proposed portable wastewater disposal system.
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ENVIRONMENTAL
Drainage and Erosion:
The model home (sales office) will have a minimal impact on these facilities.
PUBLIC FACILITIES
Fire Service and Transportation:
This request will have a minimal impact on these facilities.
LAND USE
General Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggeSts the property is
appropriate for residential-use of 2.2 units per acre or less.
Area Development Trends:
The request property is part of a proposed development: to be known as Collington
Subdivision. The Collington development will have a mixture of residential uses, to inclUde
single' family, condominium and cluster homes along with community recreational uses.
Properties to the east of the request site are zoned Residential (R-25) and are occUpied'by
single family dwellings which are part of Brandy Oaks Subdivision or are vacant.
Zoning History:
On February 21, 200!, the Board of Supervisors, although receiving an unfavorable
recommendation by the Planning Commission, approved rezoning ~om Agricultural (A) to
Residential (R-12) with Conditional Use Planned Development of 436 acres to permit use
and bulk exceptions. The subject of this request is part of Tract C of this mixed use
development, known as Collington. Tract C is zoned Residential (R-12)with Conditional
Use Planned Development to permit single family residential use: .....
Current Request:
In residential districts, model homes (sales offices) are permitted provided that, in addition
to its permanent use as a dwelling, such homes may be used as a temporary real estate
office. In this case, the temporary sales office is proposed to be located first within a
modular'office unit and then within a permanent dwelling on the request property as
permitted by the Ordinance. Since the modular office unit is not. a dwelling, sales'would not
be 'permitted. This request seeks to permit the temporary sales .within this structure:
Condition 1 establishes the use of the modular office unit as temporary...
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The Zoning Ordinance further permits model homes (sales offices) in a residential district
provided that the office only markets property within the development where it is located;
the office is incidental to construction activity taking place 'within the. development; the
office is not the primary real estate office for the company marketing the development; and
the office is not used as a constmction office .or for the storage of constructiOn equipment
and/or materials. Conditions are recommended herewith to ensure these restrictions of the
Ordinance are met in this case. (Conditions 2, 3 and 4)
CONCLUSIONS
While staff would not typically support the location of a modular office unit within a residential.area
because it fails to be compatible with planned residential dwellings, in this case, approval of the
modular office unit.would be appropriate since use of the structure is proposed temporarily. The
Ordinance permits the location of the model home-(sales office) within a permanent dwelling on the
property temporarily and therefore would not constitute the permanent location of a sales office in a
residential area: The recommended conditions are similar to ordinance standards for model homes
and further ensure the residential character of the surrounding area will be maintained.
Given the foregoing, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/21/03):
The applicant accepted the recommendation. No one spoke in favor of or in opposition to
the request.
On motion of Mr. Stack, seconded by Mr. Gulley, the Commission recOmmended approval
of this request subject to the conditions on page 2.
AYES: Messrs. Litton, Cunningham, Gulley and Stack.
ABSENT: Mr. Gecker.
The Board of Supervisors, on Tuesday, November 25, 2003,-beginning at 7z00 P.m., will take under
consideration this request.
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