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September 22, 2004 BS
STAFF'S
REQL~ST ANALYSIS
RECOMMENDATION
04SN0310
Fox Creek Development, Inc.
Matoaca Magisterial District
South line of Woolridge Road
REQUEST: Conditional Use to pemfit model homes in a Residential (R-12) District.
PROPOSED LAND USE:
Model homes (sales offices) not located within permanent dwellings are planned.
Specifically, the applicant proposes to locate the model homes (sales offices) within
four (4) modular office units until such time as con_stmction of permanent dwellings
to be used as model homes are complete. The model homes (sales offices) would
then be temporarily located within the permanent dwellings, consistent with
Ordinance requirements, 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 units would be appropriate since use of the structures
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.
Temporary model homes (sales offices) shall be permitted in a
maximum of four (4) modular office units provided such units shall
be utilized for a maximum of twenty-eight (28) months from the date
of approval of this request. At the end of the twenty-eight (28)
month, s, the modular office units shall be removed. (P)
(STAFF/CPC) 2.
The model homes (sales offices) shall only be used to market the
development 0~ox Creek Subdivision) in which they are located and
shall not be used for the sale of lots or houses outside of the
development in which they are located. 0~)
(STAFF/CPC) 3.
The model homes (sales offices) shall not be the primary real estate
office for the companies marketing the development. (P)
(STAFF/CPC) 4.
The model homes (sales offices) shall be incidental to construction
activity taking place within the development (Fox Creek
Subdivision). (P)
(STAFF/CPC) 5.
With the exception of temporary modular sales offices, the public
water and wastewater systems shall be used. (U)
(Note: This Proffered Condition supercedes Proffered Condition 2
of Case 04SN0116 for the request property only.)
GENERAL INFORMATION
Location:
South line of Woolridge Road, west of Fox Club Road. Tax ID 712-676-Part of 4582
(Sheet 15).
Existing Zoning:
R-12 with Conditional Use
Size:
2.6 acres
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Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - R-15 and A; Single family residential or vacant
South, East and West - R-12; Single family residential or vacant
UTILITIES
Public Water System:
Use of the public water system is required as a condition of zoning (Case 04SN0116,
Proffered Condition 2) and will be used to serve the permanent dwellings to be used as
model homes.
Public Wastewater System:
Use of the public wastewater system is required as a condition for zoning (Case
04SN0116, Proffered Condition 2) and will be used to serve the permanent dwellings to
be used as model homes.
Private Water System:
To provide temporary sales office space, temporary modular office units are proposed
which will be served by portable water services until the sales operations can be relocated
in completed permanent dwellings (Proffered Condition 5). The Health Department must
approve the proposed portable water systems.
Private Wastewater System:
To provide temporary sales office space, temporary modular office units are proposed
which will be served by portable wastewater disposal systems until the sales operations
can be relocated in completed permanent dwellings (Proffered Condition 5). The Health
Department must approve the proposed portable wastewater disposal systems.
ENVIRONMENTAL AND PUBLIC FACILITIES
The model homes (sales offices) will have a minimal impact on these facilities.
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LAND USE
General Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for residential use of 2.0 units per acre or less.
Area Development Trends:
The request property is part of a proposed development to be known as Fox Creek
Subdivision which will be developed for single family residential use yielding a maximum
density of 2.0 dwelling units per acre. Properties to the north are zoned Residential (R-15)
and are occupied by single family dwellings or are vacant. Properties to the south and west
are zoned Residential (R-12) and are part of the proposed Fox Creek Subdivision.
Properties to the east are zoned Residential (R-12) and are part of the Fox Croft Subdivision.
It is anticipated that residential use will continue in the area in accordance with
recommendations of the Plan.
Zoning History:
On November 25, 2003, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of the request site and surrounding property from
Agricultural (A) to Residential (R-12) with Conditional Use to permit recreational use.
Current Request:
In residential districts, model homes (sales offices) are pemfitted 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 offices are proposed to be located first within four
(4) modular office units and then within permanent dwellings within the development as
permitted by the Ordinance. Since the modular office units are not dwellings, sales would
not be permitted. This request seeks to permit the temporary sales within these structures.
Proffered Condition 1 establishes the use of the modular office units as temporary.
The Zoning Ordinance further pemfits model homes (sales offices) in residential districts
provided that the offices only market property within the development where they are
located; the offices are incidental to construction activity taking place within the
development; the offices are not the primary real estate office for the company marketing
the development; and the offices are not used as construction offices or for the storage of
construction equipment and/or materials. Proffered Conditions ensure these Ordinance
restrictions are met in this case. (Proffered Conditions 2, 3 and 4)
CONCLUSIONS
While staff would not typically support the location of modular office units within a residential area
because they fail to be compatible with planned residential dwellings, in this case, approval of the
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modular office units would be appropriate since use of the structures is temporary. The Ordinance
permits the location of the model homes (sales offices) within permanent dwellings on the property
temporarily and therefore would not constitute the permanent location of sales offices in a
residential area. The proffered 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. Bass, seconded by Mr. Litton, the Commission recommended approval
and acceptance of the proffered conditions on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, September 22, 2004, beginning at 7:00 p.m., will take
under consideration this request.
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