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June 22, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SR0115
Frederick Yakelewicz
and
Marianne Yakelewicz
Matoaca Magisterial District
North line of Lakeview Road
REQUEST: Renewal of Conditional Use (Case 02SN0246) to permit a mobile auto repair and
service business in an Agricultural (A) District.
PROPOSED LAND USE:
Continued operation of a mobile auto repair and service business is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend denial of this request for the following reasons:
mo
The request fails to comply with the Southem and Western Area Plan which suggests
the request property is appropriate for residential use of one (1) to five (5) acre lots,
suited for Residential (R-88) zoning.
Bo
The Board of Supervisors approved Conditional Use (Case 02SN0246) to permit a
mobile auto repair and service business on the request property subject to certain
conditions intended to mitigate the impact of this development on existing and
anticipated residential development in the area. The business is being operated on-
site in violation of the approved conditions, the Zoning Ordinance and Building
Codes.
Providing a FIRST CHOICE community through excellence in public service
Co
The current request does not include any provisions that would limit/control
development of the property and provides no commitments for road improvements
including but not limited to, right of way dedication, access controls and turn lanes
along Lakeview Road.
(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.)
CONDITIONS
Conditions for Conditional Use for the riding and horse skills lessons business
and the mobile auto repair and service business.
(CPC) 1.
This Conditional Use shall be granted to and for Frederick and Marianne
Yakelewicz, exclusively, or members of the immediately family, shall not be
transferable nor run with the land, and shall only be permitted provided one
of the aforementioned persons resides on the subject property. (P)
(CPC)
2. No outdoor lighting shall be permitted other than security lighting. (P)
(CPC)
o
A maximum of two (2) signs, limited to one (1) for each business, which
conform to home occupation sign requirements of the Zoning Ordinance shall
be permitted to identify these uses. (P)
(CPC)
Prior to any final site plan approval, forty-five (45) feet of right of way on the
north side of Lakeview Road and on the east side of Branders Bridge Road,
measured from the centerline of both roadways immediately adjacent to the
property, shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
(CPC)
Direct access from the property to Lakeview Road and to Branders Bridge
Road shall be limited to one (1) entrance/exit onto each roadway. The exact
location of these accesses shall be approved by the Transportation
Department. (T)
Conditions for Conditional Use for the mobile auto repair and service business.
(CPC)
o
The Conditional Use for the mobile auto repair and service business shall be
granted to permit the operation of an office for the business, where vans are
dispatched to off-site locations to repair and service vehicles. (P)
(CPC)
The mobile auto repair and service business shall be located generally in the
area identified as "Proposed Office" on the Plan titled "Yakelewicz Office
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(CPC)
(CPC)
(CPC)
(cpc)
(CPC)
(cPc)
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10.
11.
12.
13.
Area" and the primary access to such use shall be via a driveway to Lakeview
Road. (P)
The Conditional Use for the mobile repair and service business shall be
granted for a period not to exceed two (2) years from the date of approval of
this Conditional Use. (P)
There shall be no maintenance or repair (i.e. mechanical or other repairs,
cleaning, etc.) of any vehicles to include company vehicles allowed on-site.
(P)
A maximum of eighteen (18) employees, other than the applicants, shall be
engaged in the mobile auto repair and service business. Equipment storage
shall be limited to parking of five (5) company vehicles. (P)
Hours of operation for the mobile auto service and repair business shall be
restricted to between 7:00 a.m. and 5:00 p.m. Monday through Saturday.
Provided, however, that a maximum of one (1) employee may be permitted
on-site during other hours for the purpose of dispatching vehicles to off-site
locations. (P)
On the east and west boundaries of the area identified as "Proposed Office"
on the Plan titled "Yakelewicz Office Area," the following minimum buffers
shall be maintained: a) from the eastern boundary a minimum eighty-five
(85) foot buffer inclusive of the required setback shall be maintained, and b)
from the western boundary a minimum 100 foot buffer shall be maintained.
Further, all driveways, parking areas, and buildings shall be located a
minimum of 130 feet from the ultimate right of way of Lakeview Road. No
trees greater than eight (8) inches in caliper shall be removed from the buffer
or setback described herein. In cleared areas of 400 square feet or greater
within the buffer or setback, existing vegetation shall be supplemented where
necessary to minimize the view of the uses from adjacent properties and the
public right of way. A landscaping plan depicting this requirement shall be
submitted to the Planning Department for review and approval in conjunction
with site plan review. (P)
The uses to include building, driveway and parking areas shall not exceed
57,000 gross square feet of total area and any building shall not exceed 1,500
gross square feet. With the exception of one (1) structure, not to exceed 750
square feet, any structure associated with the mobile auto repair and service
business shall be a modular or mobile office unit. (P)
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GENERAL INFORMATION
Location:
North line of Lakeview Road, west of Branders Bridge Road. Tax ID 794-623-Part of 5456
(Sheet 41).
Existing Zoning:
A with Conditional Use
Size:
4.5 acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North
South
East
West
- A with Conditional Use; Single family residential, agricultural or vacant
- A; Single family residential or vacant
- R-7; City of Colonial Heights or vacant
- A; Single family residential
UTILITIES
Public Water System:
The public water system is not available to serve the request site. The closest public water
main is a sixteen (16) inch water line in Branders Bridge Road that terminates adjacent to
Birdbrook Drive in Forest View Subdivision, approximately 1,900 feet south of this site. The
property is subject to the requirements of the County Code relative to use of public water in
certain areas of the Southern and Western Area Plan. The Code requires the use of public
water except in certain circumstances, one of which is that the uses are incidental to a
principal use that is allowed on septic systems. Case 02SN0246 was approved subject to the
requirement that the mobile auto repair and service business be incidental to residential use
and thus exempted from the mandatory connection. Should this case be approved, a condition
should be imposed that renews the requirement that the use be incidental to the residential
use and therefore will continue the exemption from the mandatory connection.
Public Wastewater System:
The public wastewater system is not available to serve the request site. This site is within the
area designated by the Southern and Western Plan of anticipated R-88 zoning where the use
of private septic systems is permitted.
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Private Well and Septic Tank System:
All required permits must be obtained from the Health Department prior to the installation of
individual well and septic systems to serve the proposed uses.
ENVIRONMENTAL
Drainage and Erosion:
This request will have a minimal impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Ettrick Fire Station, Company Number 12, and the Ettrick-Matoaca Volunteer Rescue
Squad currently provide fire protection and emergency medical service. This request will
have a minimal impact on fire and emergency medical services.
Transportation:
The property (4.5 acres) is currently zoned Agricultural (A). The applicant is requesting
renewal of a previously granted Conditional Use (Case 02SN0246) to permit a mobile
vehicle repair and service business on the property. In conjunction with approval of that
Conditional Use, the Board of Supervisors accepted proffered conditions intended to
minimize the impact of the mobile vehicle repair and service business by limiting: 1) the use
on the property to an office for the business, where vans are dispatched to off-site locations
to repair and service vehicles; 2) the number of employees; and 3) the size of the
improvements (i.e., the building, driveway and parking area) associated with this business. In
addition, the proffers require right of way dedication along Lakeview Road and limits access
to Lakeview Road to one (1) entrance/exit.
The current request does not include any provisions that would limit/control development on
the property. The applicant has also not committed to dedicate right of way, control access or
provide any road improvements along Lakeview Road; therefore, the Transportation
Department cannot support this request.
Vehicles generated by this development will be distributed along Lakeview Road which had
a 2003 traffic count of 8,250 vehicles per day. Sections of this road have twenty (20) to
twenty-one (21) foot wide pavement with no shoulders. This road is at capacity (Level of
Service E) for the volume of traffic it currently carries (8,250 VPD).
The only road improvement project in this part of the County included in the Secondary Road
Six-Year Improvement Plan is a project to construct turn lanes at the Lakeview
Road/Branders Bridge Road intersection. Construction of this project is scheduled for Spring
2010.
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The Thoroughfare Plan identifies Lakeview Road as a major arterial with a recommended
right of way width of ninety (90) feet. Forty-five (45) feet of right of way, measured from the
centerline of Lakeview Road, should be dedicated in accordance with that Plan.
Access to major arterials, such as Lakeview Road, should be controlled. Direct access from
the property to Lakeview Road should be limited to one (1) entrance/exit.
The traffic impact of this request must be addressed. Mitigating road improvements may
need to include relocation of the ditch to provide an adequate shoulder along Lakeview Road,
and construction of turn lanes based on Transportation Department standards.
As previously stated, the request does not include any limitations/controls on the
development. In addition, the request does not include commitments to provide any
transportation improvements. The applicant should consider substantially controlling the
intensity of development on the property, and/or providing mitigating road improvements.
Until these commitments are provided, the Transportation Department cannot support this
request.
LAND USE
Comprehensive Plan:
Lies within the Southern and Western Area Land Use Plan which suggests the property is
appropriate for residential use of 1 to 5 acre lots, suited for Residential (R-88) zoning.
Area Development Trends:
Area properties are zoned agriculturally and residentially and are occupied by single family
residences or remain vacant. Based upon the Plan, it is anticipated that residential
development on large lots will continue to occur in the area.
Zoning History:
On August 1,2001, the Board of Zoning Appeals approved a Special Exception for two (2)
years to permit a mobile auto repair and service business in conjunction with a dwelling to be
located on the request property and additional property to the north (01 AN0260). Staff did
not recommend approval of the Special Exception because the use did not comply with the
Plan and had the potential to be incompatible with existing and anticipated area residential
development. There was opposition present at the Board of Zoning Appeals who expressed
concerns relative to increased traffic and changes in the character of the neighborhood. This
Special Exception was granted to and for the applicants exclusively, and for the mobile auto
repair and service business only. Restrictions were placed on the hours of operation, the
number of employees permitted and equipment and vehicle storage. On-site vehicle
maintenance and a business identification sign are prohibited on the property. In addition, a
fifty (50) foot buffer was required around the entire perimeter of the property.
6 05SR0115-JUNE22-BOS
On August 22, 2001, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a Conditional Use to permit a stock farm (to allow for the
keeping of horses) and horse training and riding lessons in a Residential (R-7) District on the
request property and additional property to the north (01SN0256). Staff supported the
Conditional Use based upon the Plan designating the area for residential development on
large lots and the goals of the Plan to maintain the rural character of the area. This
Conditional Use was granted to and for the applicants only. Minimum setbacks for areas
designated for keeping of animals (i.e. stables, pastures, rings, etc.) were established, as well
as minimum parking spaces, the maximum number of animals permitted, and a requirement
that odor and pest elimination measures be employed. Retail sales, horse shows or other
assembly related activities (which would necessitate assembly of more than eight (8)
persons) were prohibited.
On March 13, 2002, the Board of Supervisors approved a Mobile Home Permit in a
Residential (R-7) District for seven (7) years on the request property and additional property
to the north (02SN0198). Staff recommended denial of the Mobile Home Permit because the
area has been designated for residential development on the Plan. Typically, staff does not
support new Mobile Home Permits in areas designated for residential uses. This Permit was
granted to the applicants exclusively for their occupancy. Typical standards were also
approved relative to skirting, size of the home and additions.
On October 23, 2004, the Board of Supervisors, upon a favorable recommendation from the
Commission, approved rezoning from Residential (R-7) to Agricultural (A) with Conditional
Use to permit a mobile auto repair and service business and riding lessons and horse training
associated with a stock farm on a twelve (12) acre parcel which included the request property
(Case 02SN0246). Conditions of approval were designed to limit the intensity of the uses
and to mitigate the impacts the uses may have on the surrounding residential areas.
Conditions established setbacks for areas designated for the keeping of animals (i.e. stables,
pastures, rings, etc.), limited the maximum number of animals permitted, addressed odor and
pest elimination, limited group assembly and prohibited retail sales or horse shows associated
with the riding lessons and horse training. Conditions relative to the mobile auto repair and
service business provided for a time limitation, established buffers, prohibited on-site vehicle
repair and maintenance, and limited access, signage, lighting, the number of employees,
equipment storage, hours of operation, permitted lot coverage and square footage of
permitted buildings. (See attached list of conditions)
Land Uses:
As previously stated, the request property is part of the property that was zoned Agricultural
(A) with Conditional Use to permit the applicants to provide horse training and riding lessons
associated with a stock farm and a mobile auto repair business. These existing permits and
zoning approvals were granted subject to certain conditions intended to mitigate the impact
these uses may have on the surrounding residential areas. Should this request be approved,
similar conditions should be imposed to limit the intensity of these uses within this area of
existing and future residential development such as imposing a time limitation for the use,
restricting uses permitted on-site and limiting hours of operation.
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The applicants have located a manufactured home on the property for their residence and
have constructed facilities associated with the stock farm and the mobile auto repair business
on the request property. Currently, no site plan approval or building permits have been
obtained for development of the property. The applicants are operating offices for the mobile
automobile repair and service business in two (2) buildings located on the request property
without approvals of a site plan, building permits or occupancy permits.
Site Design:
With the original Conditional Use (Case 02SN0246), the applicant provided a site sketch
indicating where the proposed uses may be located on the request property. According to
this sketch, in addition to the dwelling, a barn was proposed for the stock farm and a modular
office building was proposed for the mobile auto repair and service business. There are
currently two (2) buildings located on the request property (the area proposed for the mobile
auto repair and service business). Based on site inspections and information provided by the
applicants, both of the buildings on the request property are being used for the mobile auto
repair and service business however no site plans or building permits have been approved for
their locations.
The request property lies within an Emerging Growth District Area. The Zoning Ordinance
specifically addresses access, landscaping, setbacks, architectural treatment, parking, signs,
buffers, utilities and screening of outside storage areas. The purpose of the Emerging
Growth District Standards is to promote high quality, well-designed projects. However, the
request property is zoned Agricultural (A) and thereby development would not be required to
meet the development standards for an Emerging Growth District Area. Should this case be
approved, consideration should be given to imposing conditions to limit the intensity of this
use to mitigate the impact the use may have on the surrounding residential areas such as
requiring the buildings to be modular, requiring buffers, and limiting density, signage,
lighting.
Planning Commission Action:
With their recommendation for approval, the Commission imposed thirteen (13) conditions
which:
Limit the Conditional Use to the applicants and members of their immediate family
and require at least one (1) of them to live on-site;
Limit signage, lighting, access, the number of employees, hours of operation and on-
site equipment storage;
Require right of way dedication on Lakeview and Branders Bridge Roads;
Define the business use of the site;
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- Establish the general location of the office area;
Place a two (2) year time limitation on the Conditional Use;
Prohibit maintenance and repair of vehicles on-site;
Establish minimum buffer requirements;
Limit the developable area of the site and the maximum gross square footage
permitted for structures; and,
Require any structure associated with the business to be a modular or mobile office
unit, except for one (1) structure, which shall not exceed 750 square feet.
These conditions are the same as the proffered conditions accepted with approval of Case
02SN0246, except as modified by the Commission, at the request of the applicant:
Condition 1 provides that in addition to the applicants, the Conditional Use shall also
be granted to members of their immediate family;
Condition 13 allows an exception for one (1) structure which is not a modular or
mobile office unit to be permitted on-site.
CONCLUSIONS
The request fails to comply with the Southern and Western Area Plan which suggests the request
property is appropriate for residential use of one (1) to five (5) acre lots, suited for Residential (R-88)
zoning.
In addition, while the Board of Supervisors approved Conditional Use (Case 02SN0246) to permit a
mobile auto repair and service business on the request property subject to certain conditions intended
to mitigate the impact of this development on existing and anticipated residential development in the
area, the business is being operated on-site in violation of the approved conditions, the Zoning
Ordinance and Building Codes.
CASE HISTORY
Planning Commission Meeting (11/16/04):
On their own motion, the Commission deferred this case to February 15, 2005.
9 05SR0115-JUNE22-BOS
Staff (11/17/04):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than December 13, 2004, for consideration at the Commission's
February 15, 2005, public hearing.
Staff (2/2/05):
To date, no new or revised information has been submitted relative to this case, nor has the
applicant obtained site plan and building permit approval for existing uses and buildings.
Planning Commission Meeting (2/15/05):
At the request of the applicant, the Commission deferred this case to May 17, 2005.
Staff (2/16/05):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than March 14, 2005, for consideration at the Commission's May 17,
2005, public hearing.
Also, the applicant was advised that a $130.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (2/24/05):
The deferral fee was paid.
Staff (4/22/05):
No new or revised information has been received.
Planning Commission Meeting (5/17/05):
The applicant requested a sixty (60) day deferral.
A motion of Mr. Bass to grant the applicants' request for a sixty (60) days deferral was
debated by the Commission and ultimately withdrawn.
3. 0 05SR0115-JUNE22-BOS
The applicant did not accept staff's recommendation, but did accept the Commission's
recommendation. There was no opposition present.
Mr. Litton stated he would support recommending approval subject to the same conditions of
Case 02SN0246, as he did not believe the applicants should incur additional expenses until
the Board made a final determination.
Mr. Gecker stated he failed to see a benefit to deferring the case noting that after two (2)
years the applicants had failed to comply with regulations. He added that he would support
the request with the imposition of the original conditions and if the Board were to approve
the request, appropriate enforcement action should be taken to ensure compliance with all
requirements.
Mr. Bass stated that the applicant was working with staff to complete site plan and permit
approvals and had requested a few modifications to the previous conditions specifically
Conditions 1 and 13, as outlined herein..
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended approval
subject to the conditions on pages 2 and 3.
AYES: Unanimous
Applicant (5/26/05):
An application for a development standards waiver for such relief to paving requirements was
filed. This application has not been scheduled for Commission consideration
Applicant and Staff (6/1/05):
A meeting was held to review a minor site plan for the use. The plan was not approved due to
the following issues:
Obtain a commercial entrance meeting Virginia Department of Transportation standards;
Obtain waiver to allow gravel driveway and parking;
Handicapped parking space paving;
Documentation that adjacent property owners were notified;
Dedication of rights of way along Lakeview and Branders Bridge Roads.
05SR0115-JUNE22-BOS
Staff (6/15/05):
To date, no new or revised information has been received.
The Board of Supervisors, on Wednesday, June 22, 2005, beginning at 7:00 p.m., will take under
consideration this request.
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