90SN0281October-~6~-~998-B?~
3anmary-~5~-~99~-BPS
February 27, 1991
REQUEST:
REQUEST ANALYSIS
AND
RECOMMENDATION
90SN0281
L. Pace Mimms
Matoaca Magisterial District
Northeast line of Third Avenue
Amend Conditional Use Planned Development (CaSe 82S041) to allow the
transfer of ownership and operation rights of an existing boarding
house. Specifically, Condition 1 of Case 82S041 granted the
Conditional Use Planned Development to and ~or Barry R. Mason, Jr.
The current request is to delete this condition to allow others to own
and/or operate the boarding house.
PROPOSED LAND USE:
Continued operation of an existing boarding house is planned.
RECOMMEND DENIAL.
PLANNING COMMISSION RECOMMENDATION
STAFF RECOMMENDATION
Recommend approval for the following reason:
Conditions of zoning address land' use compatibility and would remain
applicable regardless of who owns or operates the boarding house.
Therefore, the proposed amendment should not impact the operation of the
boarding house or area residential properties.
GENERAL INFORMATION
Location:
Northeast line of Third Avenue, northwest of Boisseau Street.
182-10 (2) Boisseau, Lot 35A (Sheet 54).
Existing Zoning:
R-7 with Conditional Use Planned Development to allow a boarding house
Size:
0.46 acres
Tax Map
Existing Land Use:
Boarding house
Adjacent Zoning & Land Use:
North - R-7; Single family residential
South - R-7; Single family residential
East R-7; Public/semi-public (Virginia State University)
West R-7; Single family residential
PUBLIC FACILITIES
Utilities:
This amendment will have no impact on the public water and wastewater
systems. The existing structure is presently connected to the public water
and wastewater systems. The results of a computer-simulated flow test
indicate that adequate flow and pressure should be available to supply the
domestic and fire protection needs of the existing use.
Drainage and Erosion:
This amendment will have no impact on these facilities.
Fire Service:
Ettrick Fire Station, Company #12. This amendment will not generate
additional need for fire protection services.
Transportation:
This amendment will have no impact upon the existing transportation
network.
LAND USE
General Plan:
Lies within the boundaries of the Southern Area Land Use and Transportation
Plan, which designates the property for medium/high density residential use
(4.01 to 7.00 units/acre).
Area Development Trends:
Adjacent properties are zoned Residential (R-7) and have been developed for
single family residential or public/semi-public (Virginia State University)
uses.
Zoning History:
On August 25, 1982, the Board of Supervisors, upon a favorable
recommendation from the Planning Commission, approved a Conditional Use
2 90SN0281/PC/FEB27I
Planned Development to permit a boarding house for twenty-eight (28)
tenants on the request property (Case 82S041), subject to the following
conditions:
CONDITIONS
This Conditional Use shall be granted to and for Barry R. Mason, Jr.
and shall not be transferable nor run with the land.
A minimum of one (1) Parking space shall be provided for each two (2)
students.
All parking and driveways shall be paved with asphalt within 18 months
from date of occupancy and the trees in the area shall be maintained
in their existing state.
The above stated conditions notwithstanding, the site plan prepared by
Richard A. Bristow, dated February 9, 1981, and revised March 1, 1982,
shall be considered the plan of development.
5. No signs identifying this use shall be permitted.
In conjunction with the granting of this request, the Planning
Commission shall grant schematic plan approval of the plan submitted
with the application.
As noted herein, the applicant seeks to delete Condition 1.
Site Design:
The site has been developed for, and is occupied by, a boarding house with
access to Third Avenue. Conditions of zoning approval for Case 82S041
require the provision of one (1) on-site parking space for each two (2)
students and required driveways and parking areas to be paved within
eighteen (18) months from date of occupancy (Conditions 2 and 3, Case
82S041). It should be noted that the parking and driveway areas are not
paved; however, the applicant has indicated his intention to pave these
areas. Staff will pursue compliance with the paving requirement. It
should be noted that prior to paving the area, site plans must be submitted
~to the Planning Department for approval.
Buffers & Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e.,
dumpsters, garbage cans, trash compactors, etc.) be screened from view of
adjacent property and public rights of way by a solid fence, wall, dense
evergreen plantings or architectural feature.
Conclusions:
As noted herein, a boarding house has existed on the request property since
1982, subject to conditions that were imposed by the Board of Supervisors
at the time of zoning approval. The current request is for amendment to
3 90SN0281/PC/FEB27I
Conditional Use Planned Development (Case 82S041) to allow the transfer of
ownership and operating rights. This amendment should not impact the
operation of the boarding house or area residential properties since the
other conditions address land use concerns, regardless of who owns or
operates the boarding house. Therefore, approval of this request'would be
appropriate.
CASE HISTORY
Planning Commission Meeting (10/16/90):
At the request of the applicant, the Commission deferred this case for
ninety (90) days.
Staff (10/17/90):
The applicant was advised in writing that any new or revised information
should be submitted no later than November 19, 1990, for consideration at
the January Planning Commission meeting.
Staff/Citizens (10/22/90):
On October 22, 1990, staff met with representatives of Virginia State
University and of the Ettrick Village Liaison Committee to discuss their
concerns.
Staff, Area Residents, Virginia State University Representatives,
Matoaca District Commissioner (11/8/90):
A meeting was held to discuss the proposed amendment.
and the
Staff (12/20/90):
To date, no new information has been received.
Planning Commission Meeting (1/15/91):
The applicant accepted staff's recommendation, but did not accept the
Planning Commission recommendation.
There were approximately forty-five (45) people present in opposition to
the request.
Mr. Belcher also noted that he had received approximately sixty-five (65)
letters in opposition to the request. Concern was expressed that there was
no need for additional student housing in the area; that the use would
increase crime rates; that the condition of the property adversely affected
4 90SN0281/PC/~EB27I
area property values; and the use was incompatible with single family uses
in the area.
The Assistant County Attorney explained that denial of the subject request
would not preclude the original applicant, Barry R. Mason, Jr., from
operating a boarding house since the Conditional Use Planned Developmmnt
would remain in effect. He explained that to preclude any boarding house
operation, it would be necessary for the original Conditional Use Planned
Development to be rescinded.
On motion of Mr. Belcher, seconded by Mr. Perkins, the Commission
recommended denial of this request.
AYES: Unanimous.
Further, on motion of Mr. Belcher, seconded by Mr. Perkins, the Commission
resolved to initiate an application to rescind the Conditional Use Planned
· Development, Case 82S041.
AYES: Unanimous.
Staff (1/28/91):
As per the Planning Commission's directions, staff has prepared, for
consideration, an application to rescind the Conditional Use Planned
Development. The Planning Commission is tentatively scheduled to consider
the application in April.
The Board of Supervisors on Wednesday, February 27, 1991, beginning at 2:00
p.m., will take under consideration this request.
5 90SN0281/PC/FEB27I
ETTRICK
PA RK
N
APPOMA"
AMEND
SH. 54
'.81
C.U.PD.
0
qo s/qo 28 ! - Z
ZONING DISCr. OSURE AFFIDAVIT
~e bes~ of mT ~owled~e ~d b~ef, ~e foBo~ ~o~afion ~ ~e:
i. I ~ ~e app~c~t for ~e ~d ~e ~en~ent on p~cei number
2. With the except/on of 'governmental entit~es
and public service
company, es owning recorded easements over the proper't~y (the "Subject
Property") which is the subject of the land 'use amendment application referred
t~-'in Paragraph 1, the' follo~ing is ~ list of the n~mes and addresses of all
-persons ow~'g any legal or ~qu/t4ble interest in the sub~ect Property as a
.. ~ "t~tle owner, lessee, easement owner~'-con~ract purchaser, assiTnee, opt~onee,
licensee or no~eholder, including trustees, beneficia~es of trusts,
partners, l~r~ted partners and ali other natural or artific~aI persons:
general
.Name Address Type of 'Ownership Intere~
3. The foJ/ov6n~ Ls a 1L~ 'of the names ~nd addresses of si! na~ or
ar~i~c/s! persons ow~rtg an intere~ in any cor~or~on, par~ne~hip. ~oin~
venture. ~rust or other sr~i~c/ai person clisc/osed in p=a~T=ph 2 (other than
those listed /n par~Tsph 8 or paragraph ? below) which has a totm/ of ten or
fewer sh~reholders, partners, benef~'ies or owners:
Na~ Address
N,me of Art/ficisI Person
e. ·
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4. The fatlow~nW Ls a Est of the names and addmesses of aLI natursI or
ar~.l persons owninW lQ% or more of any crass of s~ock ~ssued by a
"corporal/on or an in~eres~ of 10% or more in any partnersh/p, ~oint venture,
trmst or other ar~-! person c~sclosed in ParagT~ph 2 (other than those
listed in Paragraph $ or ? be/ow):
Name Address
Name of ¢orporat/.on
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5. If ~ny of the persons disclosed in PsraW~aphs 3 or 4 shove
"f~g ~ a ~ of ~ m~bers of ~e Bo=d of Supe~ors of Chest~d
Co~, ~e Chester~d Co~ P~.~{~E Co~on or ~ ~me~te
households o~ ~y ~te~s~ ~ ~e Subj~t P~per~ ~ a ~e o~er,
e~emen~ owner, con~act pure.er, lessee. ~ee, op~onee or ~ensee
~er ~du~y or by o~ers~p of ~ ~te~st ~ a co~orafion.
p~ers~p, joh~t venue or o~er ~~ person o~g..~y such ~terest:
Name of Household Name of Superv/so.r. .... .D...escript/on of Ownership
Member or Comr-~sioner ' " Interest
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$. I hereby' cer~Lt'y that the following corpora~ons
Paragraph 2 are regvls.rly ~aded on a ~cck e~~e or ~ ~e over ~e
"~er ~ket or ha~e more
/
· ' '?. l"hereb2' certi~ thai: after the exercise off clue ~gence, I have
been unable to learn the identifies of the owners of the following' corporations,
partnerships, ~o~ut vent-~res, trusts or other arti~ciai persons c~sclosed ~n
Paragraph 2:
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8. If ant of the persons disclosed in psra~raphs 3 or 4 above is a
corporation, partnership, ~oint venture, trust or other ~ person, ]:
"hereby/ cert/fI ~__~-t no member of the Board of Supervisors of Chesterf][eld
Count7, the Chesterfield County Planning Commission or their immediate
households, other than those Supervisors, Commissioners or household members
--~.ed in l:ara~-:ap.h 5 above, owns any interest in the Sub,oct ~r~pe-'~7 as a
t/tle owner, easement owner, contract purchaser, lessee, assignee, opt/onee or
licensee, either individus/Iy or by ownersh/p of an Lnterst in a corporat/on,
trust, partnership, ~oLnt venture ..or other artificial person owning any such
interest.
9. Prior to .every public hearing in connect/on with the land use
amendment applica~/on referred, to in Parawraph I above, I va~ f~e a revised
· Zonin~ Disclosure Af~davlt if there b,_~ been any change in the {~format~on set
.forth above.
WITNESS the following signature:
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STATE 0~' VIRGINIA
COUNTY OF CH~ST~---~ZLD, to-wtt:
personally appeared before me,
~,~ ~n and for the County' and
State aforesaid, and swore or -~med that the mat~ers stated in the foreToin~,'
Zor~ D~sc/osure A~davit. are true to the best of ~{~ knowlecl~e and belief.
My Comm~s~an F. rp~es: ~ ·
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