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86S091~me-~T-½~-~ July 23, 1986 BS REQUEST ANALYSIS AND RECOMMENDAT ION 86S091 Roy B. Reeves Matoaca Magisterial District North line of Happy Hill Road REQUEST: A Conditional Use to permit a second dwelling on a parcel of land in an Agricultural (A) District. A dwelling presently exists on the parcel. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 1 AND 2. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed land use is compatible with existing area residential development. Bm Through the imposition of conditions, it can be ensured 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 family members of the property owner. At no time shall the unit be rented. (P) (STAFF/CPC) 2. Ail future deeds, transferring ownership of this property, shall Contain a deed restriction indicating the require- ments of Condition 1. (P) (STAFF/CPC) 3. This use shall run with the land. (P) (STAFF) 4. Prior to the issuance of an occupancy permit, forty-five (45) feet from the existing centerline along Happy Hill Road shall be dedicated to Chesterfield County, free and unrestricted, for future road and utility improvements. (T) (CPC) 4. Prior to the issuance of an occupancy permit, thirty-five (35) feet from the existing centerline along Happy Hill Road shall be dedicated to Chesterfield County, free and unrestricted, for future road and utility improvements. (STAFF/CPC) 5. Public water shall be used for the new structure. GENERAL INFORMATION (U&CPC) Location: North line of Happy Hill Road, approx- imately 1,100 feet west of Tarris Lane. Tax Map 132-12 (3) Forest Heights, Lot 5 (Sheet 41). Existing Zoning: A Size: 4.0 acres Existing Land Use: Residential Adjacent Zoning & Land Use: North - A; Single family residential or vacant South - A & R-7; Single family residential or vacant East - A; Single family residential or vacant West - A; Single family residential or vacant Utilities: 16 inch water line located on site along Happy Hill Road. Off-site easements for the extension of public water will, there- fore, not be necessary. Use of public water is recommended and intended (Condi- tion 5). This site is located in the Ashton Creek sewerage drainage basin. Public sewer is not available for use. Environmental Engineering: Schools: This request will have minimal impact on area drainage. Lies in the Wells Elementary School atten- dance zone: capacity - 686, enrollment - 459 (estimate approximately 850 students may be enrolled by 1987); and Carver Middle School zone: capacity - 600, enrollment - 2 6 S091/BSJUN6/JULY23R 522 (presently, there are plans to expand the capacity of this facility). Thomas Dale High School zone: capacity - 1,500, enrollment - 1,296. Fire Service: General Plan (Southern Planning Area Land Use and Transpor- tation Plan): Chesterfield Fire Station, Company #1. At present, fire service capability is good. Low density residential (1.50 units/acre or less) Trans?ortation: This proposed development should have a minimal impact on existing traffic pat- terns. Any traffic generated by this development will be initially distributed along Happy Hill Road, which had a 1984 traffic count of 1,739 vehicles per day. In the Southern Planning Area Land Use and Transportation Plan, Happy Hill Road is identified as a major arterial having a right of way designation of 90 feet. Right of way dedication should be in accordance with the Southern Planning Area Land Use a.nd Transportation Plan to minimize the impact on this development for any future roadway improvements. (Condition 4) DISCUSSION The applicant is requesting a Conditional Use to permit a second dwelling on a parcel located in an Agricultural (A) District. A single family residential structure presently exists on the parcel. To maintain the integrity of the existing single family neighborhood, Staff recommends that this use be utilized by family members of the property owner and that units not be rented in the future (Condition 1). 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 units are not to be rented and are for family members of the owner (Condition 2). Staff also feels that this use should be transferable and run with the land. (Condition 3) CASE HISTORY Planning Commission Meeting (6/17/86): Mr. Belcher stated that Condition 4, requiring right of way dedication, should be in accordance with the General Plan 2000 rather than in 3 86S091/BSJUN6/JULY23R accordance with the Southern Plannin~ Area Lamd Use and Transportation Plan, since it has not been approved. On motion of Mr. Belcher, seconded by Mr. Rowe, the Commission recom- mended approval of this request subject to the conditions on pages 1 and 2. AYES: Unanimous. Staff (7/16/86): On July 9, 1986, the Board of Supervisors adopted the Southern Plannin~ Area Land Use and Transportation Plan, which recommends that Happy Hill Road b~.~ 90 foot right of way, ultimately. This Plan was adopted subse- quent to the Planning Commission's action om this request. Consequently, there is a discrepancy between the Commission's recommendation and the Staff's recommendation. (Condition 4) Staff would note that a building permit has been issued to this applicant with the condition that either the old structure be removed prior to occupancy of the new structure, or this use permit be approved. Because of this, Staff has amended Condition 4 to require the right of way dedi- cation prior to occupancy of the new structure. This was done for both the Staff's and the Planning Commission's recommended Condition 4. The Board of Supervisors on Wednesday, July 23, 1986, beginning at 2:00 p.m., will take under consideration this request. -- 4 ---86S091/BSJUN6/JULY23R ELEM. SCHOOL HIDDE.N VA, LLEY ES CITYI~ LOCUST A H^P PY House 8¢50R/- / I I c~6 $ 0 =//-Z