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94SN0198REQUEST ANALYSIS AND RECOMMENDATION 94SN0198 May 25, 1994 BS Bennie D. Sadler Matoaca Magisterial District South line of Skinquarter Road REQUEST: Rezoning from Neighborhood Business (C-2) to Residential (R-9). PROPOSED LAND USE: The request property is occupied by a nonconforming single family residence. At the time the residence was constructed, it was a permitted use in a commercial district. The current Zoning Ordinance does not permit this residence by right in a Neighborhood Business (C-2) District zoning classification. The applicant is attempting to refinance his mortgage and, as a condition of refinancing, seeks to rezone the property to a classification which permits the residence by right in order to ensure that the residence could be rebuilt if destroyed by fire or other such calamity. Further, the applicant is requesting rezoning to Residential (R-9) as the existing residence does not conform to the front and side yard setback requirements of any other residential or agricultural zoning classification. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. Recommend A. STAFF RECOMMENDATION approval for the following reasons: The Southern and Western Area Plan designates the subject and surrounding property as a rural conservation area with activities limited primarily to agricultural and forestal uses with limited single family residences on lots larger than five (5) acres. While the subject property is less than five (5) acres, a single family residence has existed on the property since at least 1964. Approval of this request would allow the rebuilding or expansion of the existing residence. The proffered condition ensures that the property will not be subdivided for additional residential development which would be inconsistent with the recommendations of the Southern and Western Area Plan. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER 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 CONDITION (STAFF/CPC) The maximum number of lots developed on the property shall be one (1). GENERAL INFORMATION Location: South line of Skinquarter Road, west of Duval Road. Tax Map 72 (1) Parcel 18 (Sheet 18). Existing Zoning: C-2 Size: 1.2 acres Existing Land Use: Single family residential Adjacent Zoning & Land Use: North - A; Single family residence South - A; Vacant East - A; Vacant West - C-2; Single family residence 2 94S N 0198/W P/MAY25J PUBLIC FACILITIES Utilities: The public water and wastewater systems are not available to the request site. The use of a private well and septic system must be approved by the Health Department. The request site is within the boundaries of the Southern and Western Area Plan. Although the use of the public water and wastewater systems is required by Ordinance (Chapter 20, County Code) in many areas covered by the Plan., it is not required for the request site as the existing residence and lot are exempt from the requirements of the Subdivision Ordinance (Chapter 18.1 of the County Code). Environmental: Drainage and Erosion Property drains south and west to the Appomattox River via tributaries. No existing or anticipated on- or off-site drainage or erosion problems. Fire Service: Clover Hill Fire Station, Company #7. The proposed zoning and land uses will not generate additional need for fire protection services. Fiscal Impacts: The proposed zoning and land use will not have a fiscal impact on capital facilities. One (1) dwelling unit presently exists on the property and the applicant has proffered that no additional dwelling units will be constructed on the property. Schools: This request will have no significant impact on area schools. Transportation: A single family residence is anticipated to generate approximately ten (10) average daily trips. These vehicles will be distributed along Skinquarter Road, which had a 1992 traffic count of 376 vehicles per day. 3 94S N 0198/W P/MAY25J The Thoroughfare Plan identifies Skinquarter Road as a major arterial with a recommended right of way width of ninety (90) feet. The applicant is unwilling to dedicate forty-five (45) feet of right of way measured from the centerline of Skinquarter Road, in accordance with that Plan. LAND USE General Plan: Lies within the boundaries of the Southern and Western Area Plan, which designates the subject and surrounding property for rural conservation area with activities limited to primarily agricultural and forestal uses with isolated single family residences on lots larger than five (5) acres. Area Development Trends: The surrounding area is characterized by single family residences on large acreage parcels, agricultural uses or vacant land, and a small convenience store that has existed in the neighborhood for many years. History: At the time the dwelling was constructed, residential uses were permitted by right in commercial districts. Subsequently, the Zoning Ordinance has been amended to prohibit single family residences in a commercial district. Therefore, the existing residence is nonconforming and cannot be expanded or rebuilt unless rezoned to a residential classification. Conclusions: Although the Southern and Western Area Plan designates the property for rural conservation area, a single family residence has existed on the property since at least 1964. Approval of this request would allow the existing residence to be expanded or to be rebuilt in the event it is destroyed by fire or other such calamity. In addition, the proffered condition ensures that the property will not be subdivided for additional residential development which would be contrary to the recommendations of the Plan. Specifically, the applicant is seeking Residential (R-9) zoning to bring the existing residence into conformance with the Zoning Ordinance relative to both use and setbacks. The proffered condition has the effect of limiting the density to one (1) dwelling unit and precluding further subdivision of the property. The R-9 classification is requested to accommodate the setbacks of the existing residence. 4 94SN0198/WP/MAY25J Therefore, approval of this request is recommended subject to acceptance of the proffered condition. It should be noted that staff has supported this request due to unique circumstances in that it is an existing residence. This support should not be viewed to establish a precedent for similar zoning to accommodate new development in the area designated as rural conservation. CASE HISTORY Planning Commission Meeting (4/26/94): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Marsh, seconded by Mr. Gulley, the Commission recommended approval and acceptance of the proffered condition on page 2. AYES: Unanimous. The Board of Supervisors on Wednesday, May 25, 1994, beginning at 7:00 p. m., will take under consideration this request. 5 94SN0198/WP/MAY25J iI I ? ? ? ? 94SN0198 REZ: C-2 TO R-9 SH. 18