86S162February 25, 1987 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
86S162
Dewey L. Hurley
Clover Hill Magisterial District
East line of Newbys Bridge Road
REQUEST:
A Conditional Use to permit a second dwelling on a parcel in an
Agricultural (A) District. The applicant intends to construct a
single family dwelling for use by a family member.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 1 AND 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
me
The proposed land use is compatible with existing area residential
development.
Be
Through the imposition of conditions, it can be insured that the
single family character of the area is maintained.
(NOTE: 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.)
CONDITIONS
(STAFF/CPC) 1.
Occupancy of the second dwelling unit shall be limited,
exclusively, to guests and/or family members of the prop-
erty owner. At no time shall the unit be rented or sold
as a separate use. (P)
(STAFF/CPC) 2.
Prior to issuance of a building permit, the applicant
shall record a deed restriction indicating the requirement
of Condition 1. (P)
(STAFF/CPC) 3. This use shall run with the land. (P)
(STAFF/CPC) 4.
Prior to the issuance of a building permit, forty-five
(45) feet, measured from the existing centerline of Newbys
Bridge Road, shall be dedicated to the County of
Chesterfield, free and unrestricted, for future road and
utility improvements. (T)
GENERAL INFORMATION
Location:
Fronts approximately 100 feet on the east
line of Newbys Bridge Road, approximately
1,150 feet south of Burnett Drive. Tax Map
64 (1) Parcels 44 and 122 (Sheet 21).
Existing Zoning:
A
Size:
13.3 acres
Existin~ Land Use:
Single family residential
Adjacent Zonin~ & Land Use:
North, South, East, and West - A; Single
family residential or vacant
Utilities:
Public water is not available. Lies in the
Falling Creek sewage drainage area. Use of
public water and sewer is not required for
the intended use. The principal dwelling
is on well and septic system. The second
dwelling will be as well.
Environmental Engineering:
This request will have minimal impact on
drainage in the area.
Fire Service:
Manchester Fire
(paid/volunteer).
capability is good.
Station, Company #2
At present fire service
General Plan
(Central Area Land Use
and Transportation Plan):
Medium density residential
(1.51-4.00 units/acre)
Transportation:
Traffic generated by this proposed dwelling
will initially be distributed along a 50
foot wide dedicated, but unimproved, County
right of way and then to Newbys Bridge
Road, which had a 1984 traffic count of 836
vehicles per day. Currently, this 50 foot
wide unimproved County right of way serves
as access for three existing homes. The
Virginia Department of Highways and Trans-
portation (VDH&T) minimum public need for
State acceptance requires a minimum of
three residential dwellings served by a
2 86S162/BSJAN7/FEB25H
road. Therefore, this road could qualify
for State acceptance, provided the road is
upgraded to State standards. The County
receives numerous requests for upgrading
unimproved County rights of way such as
this to State standards for State accep-
tance. Due to the limited amount of fund-
ing for such projects, funds are not avail-
able to meet most of these requests. By
granting approval of this second dwelling,
the County may receive additional requests
to provide funding for upgrading the road
and thereby relieving the property owners
of their maintenance responsibility. The
Central Area Land Use and Transportation
Plan identifies Newbys Bridge Road as a
major arterial with a recommended right of
way width of 90 feet. Right of way dedica-
tion should be in accordance with this
Plan. (Condition 4)
DISCUSSION
The applicant is requesting a Conditional Use to permit a second dwelling
on the subject property. A principal dwelling already exists on the
property and the applicant intends to construct a second single family
dwelling to be used by a family member.
The applicant's principal dwelling is presently located on Tax Map 64 (1)
Parcel 44 (rear parcel), which does not have public road frontage. When
the house was built, it utilized Tax Map 64 (1) Parcel 122 (front parcel)
together with Parcel 44 as a zoning lot which provided public road front-
age. This request proposes a second dwelling to be developed on the
front parcel which could again cause the rear parcel to be left without
public road frontage if both dwellings were sold off individually. To
allow for the development of two dwellings on this zoning lot, a Condi-
tional Use has been requested.
To maintain the integrity of the existing single family neighborhood and
to assure that both dwellings remain under the same ownership, Staff
recommends that this use be utilized by family members, or guests, of the
property owner and that the second dwelling not be rented in the future
or sold off as a separate use (Condition 1). This condition will also
help to ensure that the rear parcel is not cut off from public road
frontage along Newbys Bridge Road.
To ensure that all future property owners are aware of this requirement,
a deed restriction should be placed in all future deeds indicating that
the second dwelling is not to be rented or sold off as a separate use and
is for use by family members or guests of the owner only (Condition 2).
Staff also feels that this use should be transferable and run with the
land. (Condition 3)
3 86S162/BSJAN7/FEB25H
CASE HISTORY
Planning Commission Meeting (12/16/86):
On motion of Mr. O'Connor, seconded by Mr. Rowe, the Commission recom-
mended approval of this request, subject to the conditions on page 1.
AYES: Unanimous.
Board of Supervisors Meeting (1/28/87):
On motion of Mr. Applegate, seconded by Mrs. Girone, the Board deferred
this case for thirty (30) days because the applicant was not present.
AYES: Unanimous.
The Board of Supervisors on Wednesday, February 25, 1987, beginning at 2:00
p.m., will take under consideration this request.
4 86S162/BSJAN7/FEB25H
WOOD
II
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ASHLEY GROVE