04SN0268-Oct27.pdf'October 27, 2004 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
04SN0268
Dempsey L. Bradley Jr.
and
Susan T. Bradley
Matoaca Magisterial District
9823 Woodpecker Road
REQUEST: Conditional Use to permit a business operated incidental to a.dwelling unit in an
Agricultural (A) District.
PROPOSED LAND USE:
A-heating and air conditioning (I-IVAC) contractor's office and warehouse .is
currently being operated on site. The applicant.proposes to continue use of the
existing site for a maximum-of two (2)years. (Proffered Condition 3)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed zoning and land.use fail to conform with the Southern and Western
Area Plan which designates'the request property as part of the Rural Conservation
Area where activities should be limited primarilyto agricultural and forestal uses
with isolated single family residences permitted on lots larger than five (5) acres...
B. The proposed land use is incompatible with existing and future area developmem~
Providing a FIRST CHOICE Community Through Excellence in Public Service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNEKMAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH'ONLY A "STAFF" ~ '
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION..)
PROFFERED 'CONDITIONS
(CPC) 1.
This Conditional Use shall be granted to and'for Dempsey L. Bradley; Jr.
and Susan' T. Bradley, exclusively, and shall not be transferable or run
with the land. (P)
(CPC) 2.
(cPc) 3.
The business-shall be located within the existing detached garage..There,
shall be no further additiOns or.expansi°ns to the existing building to'
accommodate this use. (P) ~ ..
There shall be no outside storage permitted. (P)
(CPC) 4.
(CPC) 5.
The.contractor's office and Warehouse shall be permitted 'fOr a maximUm~'
of eighteen (18) months from the date of apProval of this request. (P)
There shall' be no signs permitted to identify this USe. (p) ~
GENERAL INFORMATION" ' -
Location:
SoUth line of Woodpecker Road, West of NashRoad and known as 9823 WoodpeckerRoad.
Tax ID 756-645-2919 (Sheet 3'3).
Existing Zoning:
Agdcultural (A)
Size:
5.4 acres
Existing Land Use.:
Single family dwelling and contractor's office and warehoUSe
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Adjacent Zoning and Land Use:
North, South, East and West - A; Large-lot single family residential or vacant
UTILITIES
Public Water and Wastewater Systems:
Public water and wastewater is not available .to serve this site. The existing structure is
served by a private well and septic system. 'While use of public water and wastewater is
required by County Code for structures authorized by Conditional Use granted, after June 23,
1993 within the Rural Conservation Area of the Southern 'and Western Area Plan, the Code
grants an exception for a use Oaome business) incidental to the principal use (a home) that
was previously allowed with a private Well and a septic system.
Private Well and Septic System: '
The Health Department must approve any new well or septic system or expanded usage
any existing well or septic system to serve this site;
ENVIRONMENTAL
Drainage and Erosion:
This.request will have a minimal impact on drainage and erosion;
PUBLIC FACILITIES
Fire Service:
The'Phillips Volunteer Fire Stati°n~ Company Number 1.3, and the ambulance stationedat
the Airport Fire Station currently provide fire prOtection and emergency medical service:
This. request will not .impact fire and EMS.
Transportation:
The proposed development will have a minimal impact on the existing transportation
network. The Thoroughfare Plan identifies Woodpecker Road as a major arterial.with a
recommended right of way widthof ninety (90) feet. The applicants are unwilling to
dedicate forty-five (45) feet measured from the'centerline of Woodpecker' Road :in
accordance with that Plan. -
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LAND USE
Comprehensive Plan:
The request lies within the boundaries of the Southern and Western Area ,Plar~. which
designates the request .property as part of the Rural Conservation Area Where activitieS:--
should be limited primarily to agricultural' and forestal uses with isolated single family:
residences permitted on lots· larger than five (5) acres. .
Area Development Trends:
Surrounding properties are zoned Agricultural (A) and are occupied by single'familY
residential uses on large lots or are vacant. It is anticipated that the-area will remain
agricultural and forested and'that~planned development willbe deferred for twenty (20) years
unless adequate provisions are made earlier for public infrastmctureimprovements.
Use and Time Limitations: ' · ?'~ ?.
The applicants indicate that they have operated the heating and air conditioning
contractor s office and warehOuse. on the request property for'apProximately eighteen (18)
months. The Commission has recommended imposition °fConditiOns whichwouldreStd~t!
the use to the applicant's and limited the time period to eighteen (18)months~.
Site Design: .
Development of the property must meet the minimum requirements for'uses within
Agricultural (A) District. In addition, conditions as recommended by the :Pl~g
Commission provides that: (1).the b:uSiness will be conducted within.the eXiSting detache~
garage, and no additions or alterations will be permitted to accommodate the Use-and
outside storage and signage would-be prohibited.
CONCLUSIONS _.
The proposed land use fails to conform with the Southern. and WeSte _m AreaPlan which desi~at~s
the request 'property as part of the Rural' Conservation Area where activities should be liim't{d
primarily to agricultural and forestal uses with isolated single familY residences permitted:'Onl°t
larger than five (5)acres. Further, the use is incOmpatible wi-th eXisting and future area devel°pm~t.
Given these considerations, denial of this request is recommended. .
04SN0268-OCT27-BOS
CASE HISTORY
Planning Commission Meeting (9/21/04):
The applicants did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was no opPosition.presem,
Mr. Bass indicated that given that the business is. local, it would, be appropriate to allow the'
use for a limited time to permit the applicants an opportunity to'relocate to an appropriately
zoned site.
On motion of Mr. Bass, seconded bY Mr. Litton, the Commissionrecommended approval'of
this request subject to the conditions on page 2.
The Commission recommended that the proffered conditions not be accepted.
AYES: Unanimous.
Applicants (9/28/04):
The proffered'conditions were withdrawm
The Board of Supervisors, on WednesdaY, October 27, 2004, beginning at 7:00 p.m.,Will take under
consideration-this request. ~
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