05SN0133-Jan26.pdfJanuary, 26, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0133
Rockwood Terrace LLC
Dale Magisterial District
Offeast line of Price Club Boulevard
REQUEST: Conditional Use to permit a model home in a Residential Townhouse (R-TH)
District.
PROPOSED [,AND 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 a permanen~ 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 lbilowing 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.
Prov{dmg a FIRST CHOICE communiq~ through, excellence m public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY O%TNER 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) I.
A temporary model home (sales office) shall be pen~aitted in. a
modular office unit provided such unit shall be utilized tbr a
maximum of I80 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)
The model home (sales office) shall only be used to market the
development (Rockwood Terrace Townhouses) in which it is located
m~d 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 prim.ao, real estate
office 1br 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 (Rockwood Terrace
Townhouses). (P)
GENERAL INFORMATION
Location:
Off east line of Price Club Boulevard, south of Hull Street Road. Tax ID 748*684-Part of
8011 (Sheet 10),
Existing Zoning:
R-TH with Conditional 'Use Planned Development
Size:
0.1 acre
Existing Land Use:
Vacallt
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Adiacent Zoning and Land Use:
North, South and East - R-TH with Conditional Use Plmmed Development; Vacant
West - C-3 with Conditional Use; Vacant
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along the west side of Price Club
Boulevard, approximately 205 feet west of this site. Use of public water is intended and has
been proffered. (Proffered Condition 5)
Public Wastewater System:
A fifteen (15) inch wastewater trunk line extends along Homer's Run, and crosses Price
Club Boulevard approximately 217 feet northwest of this 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 l:acilities.
LAND USE
General Plan:
Lies within the boundaries of the Northern Area Land Use Plan which suggests the property
is appropriate for medium density residential use of t .51 to 4L0 units per acre.
Area Development Trends:
Thc request property is part of a proposed development known as Rockwood Terrace
Townhouses, which has a proflbred maximum density of 6.0 dwelling units per acre~
Adjacent properties to the north, south and east are also part of the Rockwood Ten'ace
Townhouse development. Property to the west is zoned for commereial use but remains
vacant..It is anticipated that residential use will continue in the area, as suggested by the
Plan.
Zoning Histo,~:
On November 23, 1983, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved the rezoning to allow a townhouse development on the
request site and adjacent property to the north, south and east. (Case 82S096)
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Current R~:
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, a temporary sales office is proposed to be located flint within a modular
office unit and then v~thin 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 pem.~itte&
This request seeks to permit the temporapy sales uAttfin 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 these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (12/13/04):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Litton, seconded by Mr. Wilson, the Commission recommended approval
and acceptance of the proffered conditions on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, January-26, 2005, beginning at 7:00 p.m., will take under
consideration tiffs request.
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