04SN0287-Aug25.pdfAu� 17, qQ04 CK
August 25, 2004 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
04SNO287
Greenbriar Development LLC
Bermuda Magisterial District
Eastern Terminus of Overridge Drive
REQUEST: Conditional Use to permit a model home in a Residential (R-12) Zoning 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 time 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 RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. Approval of the modular office unit would be appropriate since use of the structure
is temporary.
B. The recommended conditions are similar to Ordinance standards for model homes
and further ensure the residential character of the surrounding area will be
maintained.
Providing a FIRST CHOICE Community Through Excellence in Public Service
(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.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. A temporary model home (sales office) 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 modular office unit shall be removed. (P)
(STAFF/CPC) 2. The model home (sales office) shall only be used to market the
development (Greenbriar Woods Subdivision) in which it is located
and shall not be used for the sale of lots or houses outside of the
development in which it is located. (P)
(STAFF/CPC) 3. The model home (sales office) shall not be the primary real estate
office for the company marketing the development. (P)
(STAFF/CPC) 4. The model home (sales office) shall be incidental to construction
activity taking place within the development (Greenbriar Woods
Subdivision). (P)
(STAFF/CPC) 5. The public water and wastewater systems shall be used. (U)
GENERAL INFORMATION
Location:
Eastern terminus of Over -ridge Drive. Tax ID 790 -639 -Part of 3992 and 790 -640 -Part of
9502 (Sheet 34).
Existing Zoning:
R-7 and R-12
Size:
0.9 acre
Existing Land Use:
Vacant
2 04SNO287-AUG25-BOS
Adjacent Zoning and Land Use:
North and West - R-12 and R-7, Vacant and single family residential
South and East - R-7 and R-12; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along the north side of Overridge
Drive adjacent to the southwestern boundary of this site. Use of the public water system
is intended and has been proffered. (Proffered Condition 5)
Public Wastewater System:
An eight (8) inch wastewater collector line extends north from the end of Exton Lane
adjacent to the site. Use of the public wastewater system is intended and has been
proffered. (Proffered Condition 5)
ENVIRONMENTAL AND PUBLIC FACILITIES
The model home (sales office) will have a minimal impact on these facilities.
LAND USE
General Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 2.51 to 4.0 units per acre or less.
Area Development Trends:
The request property is part of a proposed development known as Greenbriar Woods
Subdivision which will have a maximum density of 3.63 dwelling units per acre.
Surrounding properties are zoned residentially and agriculturally and are occupied by single
family residences or are vacant. It is anticipated that single family residential use will
continue in the area, as suggested by the Plan.
ZoningHistory:
On June 22, 1988, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning from Agricultural (A) to Residential (R-12) on
the request site and surrounding property which is being developed as Greenbriar Woods
Subdivision.
04SNO287-AUG25-BOS
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.
Proffered Condition 1 establishes the use of the modular office unit as temporary.
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 construction office or for the storage of construction equipment
and/or materials. Proffered Conditions ensure these restrictions of the Ordinance are met in
this case. (Proffered 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 temporary. 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 (8/17/04):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Wilson, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, August 25, 2004, beginning at 7:00 p.m., will take under
consideration this request.
04SNO287-AUG25-BOS
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