81S005March 25, 1981BS
STAFF REPORT
CASE #81S005
HERMAN L. WELLS
REQUEST: (Amended) A Conditional Use to permit an automotive repair shop in an
Agricultural (A) District.
SUBJECT PARCEL: LOCATION, ACREAGE AND USE: Matoaca Magisterial District.
This property lies approximately 120 feet off the north line of Graves Road,
measured from a point located approximately 1050 feet east of its intersection
with Katie Lane. This 1.235 acre parcel is occupied by a partially constructed
one-story block garage. Tax Map 172-9 (1) Part of Parcel 52 (Sheet 48).
RECOMMENDATION
Recommend approval for the following reason:
Through the imposition of the conditions contained herein adjacent property
owners should not be adversely affected and the nuisances associated with
the operation will be minimized.
CONDITIONS:
1. This Conditional Use shall be granted to exclusively permit the operation
of an automobile and small truck repair and body shop on the 1.235 acre parcel
of land shown on the plat prepared by Harvey L. Parks, Inc., dated December 3,
1980.
2. Within ninety (90) days of the Board's approval of this Conditional Use, a
buffer area shall be established for a width of 170 feet, running parallel with
the applicant's front property line along Graves Road. Specifically, the
applicant's business shall be moved from its present location to the 1.235 acre
parcel. This buffer area shall be maintained exclusively for agricultural
and/or residential use. A single access drive having a width of not more than
fifty (50) feet, shall be permitted to transverse this buffer area. Until
expiration of the ninety (90) day period, ali previously imposed conditions
relative to the existing operation which is located within the buffer area shall
be applicable. The applicant shall be permitted to use the existing garage for
repair and storage of his personal vehicles, only.
3. Prior to commencement of any operation on the 1.235 acre parcel, a chain
link fence with wooden, fiberglass, plastic or other similar material slats, not
less than six (6) feet in height shall be constructed along the front line of
the Conditional Use area. So as to break the monotony of the fence line, cedar
trees and shrubs of sufficient height and density shall be planted along the
south side of the fence. The plants and fence, shall totally and attractively
screen the business operation from view of Graves Road. The fence shall be
maintained in a proper state of repair. Solid constructed gates may be used in
lieu of solid line fencing for ingress and egress, provided such gates are kept
closed when not in use.
4. No junk or inoperable vehicles or parts thereof shall be stored other than
on the 1.235 acres. The storage of junk vehicles and parts thereof shall not be
visible above the height of the fence from the road. The parking of automobiles
awaiting repair and pick-up shall be restricted to an area behind the solid
fence. Customer's vehicular parking shall be provided and maintained within the
1.235 acres and more specifically, shall be prohibited outside of the 1.235
acres.
5. Ali repair work shall be conducted entirely within the enclosed structures
on the 1.235 acres.
6. No more than four (4) employees, other than the applicant and his family
shall be engaged in this operation.
7. Ail exterior lighting shall be designed and mounted so as not to project
into adjacent properties.
8. Only one sign identifying this business shall be permitted. This sign
shall not exceed nine (9) square feet in area. The sign shall be similar in
design to the renderings submitted with the previously granted Special Exception
(October 18, 1977). This sign may be erected in the 170 foot buffer area. This
sign shall neither be illuminated nor shall it be luminous.
9. A buffer having a width of not less than thirty (30) feet shall be provided
along the rear and side property lines of the 1.235 acre parcel. This buffer
shall be maintained in its existing state with no trees, shrubs or other ground
cover being cleared, cut or otherwise disturbed.
10. Hours of operation shall be restricted to between 8:00 a.m. and 8:00 p.m.,
Monday through Saturday. No Sunday operation shall be permitted.
11. The above noted conditions notwithstanding all minimum requirements of the
Convenience Business (B-i) District shall be applicable to the use of this
parcel.
12. The applicant shall be permitted to house his wrecker within the storage
shed which is located behind his home.
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SUPPORTING INFORMATION
ADJACENT ZONING AND LAND USE:
North - A, Vacant
East - A, Single family resi-
dential use
South - A, One-story garage where the applicant
presently operates his repair business
West - A, Vacant
GENERAL PLAN: Single family residential use.
UTILITIES: Public water and sewer are not available. The applicant intends
to install an individual well and septic tank system.
SOILS, DRAINAGE AND EROSION: Soils are gently sloping to sloping and under
present conditions have a slight to moderate chance for erosion.
Property lies in the Swift Creek via Franks Branch drainage area. Some sections
of Swift Creek have experienced high water problems. The proposed development
will generate higher velocities and greater volumes of runoff.
PUBLIC FACILITIES: Property is served by Phillips Volunteer Fire Station,
Company Number 13. Since this is a volunteer station, fire fighting
capability is marginal dependent upon the time of day. Water for fire fighting
is limited to tankers and/or impounded water sources.
TRANSPORTATION AND TRAFFIC: Vehicular movements will be distributed over
Graves Road. The proposed use will have a minimal impact on area roadways.
DISCUSSION: On November 5, 1975, the Board of Zoning Appeals approved a
Special Exception for a three (3) year period to permit operation of an automotive
repair shop from the applicant's home. Upon expiration of the Special Exception,
an application for rezoning to General Business (B-3) was submitted, but sub-
sequently amended to request a Conditional Use to permit operation of an auto
and small truck garage and body shop for a five year period. In 1978, the Board
approved the Conditional Use for a five year period subject to imposition of
twelve (12) conditions. The most significant condition required that the
applicant discontinue use of the existing structure located adjacent to Graves
Road and establish his business operation 175 feet from the northern property
line by November 30, 1978. Construction of the new facilities has commenced,
but to date, has not been completed and therefore, commercial operation continues
in the 175 foot buffer area previously imposed by the Board of Supervisors.
In 1979, subsequent to approval of the Conditional Use, the Board, upon submission
of an application, approved an amendment to permit the use to run with the land
and more specifically eliminated the five (5) year time limitation.
In July, 1980, Staff received complaints that the business was not being operated
in compliance with the provisions of the Conditional Use. Specifically, the
applicant has failed to relocate his business a minimum of 175 feet from the
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northern property line (Graves Road) and was continuing operation in an existing
structure located approximately 40 feet from Graves Road. Staff met with the
applicant to discuss this matter and he was given until January 31, 1981 to
comply with the provisions of the use permit. Staff's recent visit to the site
indicates that additional time may be required in order to move the business
into the new structure.
Property immediately surrounding the subject site are large parcels with a good
potential for single family residential development. Property lying east along
Graves Road has experienced recent residential development and the proposed
subdivision of Teakwood and Wendall Acres lie to the south and west. Given the
land use trends in the area, it would appear that residential use of the area
encompassing the request parcel is likely.
Originally, the current appliction was for rezoning to the General Business
(B-3) classification. After meetings with Staff and the Matoaca District
Planning Commissioner, Mr. Wells amended the request to Conditional Use at the
Commission's February 17, 1981 meeting. It is therefore recommended that the
previousiygranted Conditional Use be revised, updated and reapproved to allow the
repair shop to continue operation under conditions applicable to and understood
by everyone. It is recommended that the conditions stated herein be ratified,
amended and/or reimposed. Subsequent to the Commission's January 20 meeting,
Staff met with the applicant to discuss the conditions contained herein and the
overall operation of the repair shop. The applicant has stated that in the
event of an emergency, he would like to be able to extend the hours of operation
beyond 8:00 p.m. Should the Commission and Board wish to consider amendment of
condition 10 to allow extended hours, emergency situations should be clearly
specified in the conditions. Without this specification, enforcement of the
condition will be placed on Staff who will be responsible for judging whether or
not a true emergency exists. With regard to the condition requiring that
customer vehicles be parked to the rear of the fence line, the applicant has
requested that the Commission and Board understand that he has no control over
parking when he is not home. Specifically, he has stated that customers often
drop vehicles off after closing hours for repair the following day and
therefore, cars are often parked outside of the fence until he has the
opportunity to move the vehicles. The applicant has requested that the
Commission and Board address this situation in the minutes of the public
hearing.
The conditions stated herein are for the most part the same as those previously
imposed. Conditions 1, 2 and 3 however, were revised to more clearly delineate
the Conditional Use area based on a survey plat submitted by the applicant, to
allow time to move the operation to the 1.235 acre parcel and to reduce the 175
foot buffer to 170 feet. Reduction of the buffer area was necessary due to a
previously made error by the applicant's surveyor who calculated the 175 foot
buffer from the centerline of the road as opposed to the property line.
CASE HISTORY
Planning Commission Meeting:
(1/20/81) The Commission deferred this application for thirty (30) days.
Staff, Applicant, Matoaca District Commissioner:
(1/29/81) A meeting was held on the site to discuss the conditions
contained herein should the request for B-3 zoning be denied and the
Conditional Use approved.
Planning Commission Meeting:
(2/17/81) On a motion of Mr. Belcher, seconded by Mr. Crump, it was
resolved to recommend approval of a Conditional Use subject to the imposition
of conditions contained herein.
Furthermore, the Commission stated that they unterstood that in emergencies
working hours may be extended beyond 8:00 p.m., but that this would only
occur on rare occasions and that any cars parked after closing hours in front
of the soiid fencing will be moved immediately behind the fence at the time of
opening in the morning.
AYES: Messrs. Howard, Belcher, Crump and Williams
ABSENT: Mr. O'Neill
The Board of Supervisors on Wednesday, March 25, 1981, beginning at 2:00 p.m.,
will take under consideration this request £or zoning.
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