05SR0175-July27.pdfJuly 27, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05 SRO 175
George Clarke, Jr.
and
Barbara Clarke
Dale Magisterial District
East line of Flagler Road
REQUEST:
Renewal of Conditional Use (Case 97AR0183) to permit a business (fuel oil
business and dump track service) operated incidental to a dwelling unit.
PROPOSED LAND USE:
In addition to the existing single family residential use, the applicant proposes to
continue operating a fuel oil delivery business and dump track service.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
This business was originally permitted by a Special Exception in 1984 and has been subsequently
renewed without public opposition. After consideration of public input, should the Commission and
Board wish to approve this renewal, acceptance of the proffered conditions would be appropriate.
(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.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
(STAFF/CPC) 1.
(STAFF/CPC) 2.
(STAFF/CPC) 3.
(STAFF/CPC) 4.
(STAFF/CPC) 5.
(STAFF/CPC) 6.
(STAFF/CPC) 7.
(STAFF/CPC) 8.
(STAFF/CPC) 9.
(STAFF/CPC) 10.
(STAFF/CPC) 11.
This Conditional Use shall be granted to and for George W. Clarke,
Jr., exclusively, and shall not be transferable nor run with the land.
(P)
This Conditional Use shall be limited to the operation of a fuel oil
business and a dump truck service. A maximum of three dump
trucks and three fuel oil trucks used in conjunction with this
operation shall be parked on the site. On-site parking for employees
shall also be permitted. (P)
Parking areas associated with this operation shall be located on Tax
ID 784-676-0749. Parking areas and driveways shall be paved within
sixty (60) days of the approval of the plan referenced in Condition
12.a. (P)
A maximum of one (1) employee shall be permitted other than
family member employees that live on the property. (P)
No clients shall be permitted on the property. (P)
Hours of operation shall be limited to between 6:30 a.m. and 6:30
p.m., Monday through Saturday. No Sunday operation shall be
permitted. (P)
Access to the property shall be limited to Conifer Road. (P)
No additions or exterior alterations shall be permitted to the exterior
of the dwelling or accessory buildings to accommodate this use. (P)
A 100 foot buffer shall be established along the southern property
boundary. This buffer shall comply with the requirements of the
Ordinance for 100 foot buffers. (P)
Landscaping shall be installed to minimize the views of the truck
parking area and garage from Conifer Road, Flagler Road and the
northem property boundary. The exact species, number and spacing
of plant material shall be reviewed and approved by the Planning
Commission as outlined in Condition 12.b. (P)
A containment berm, a minimum of one (1) foot in height, shall be
installed around the low side of the truck parking area to contain any
oil runoff from these vehicles. The exact details and location of this
berm installation shall be reviewed and approved by the
Environmental Engineering Department as outlined in Condition
12.a. (P)
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(STAFF/CPC) 12.
(STAFF/CPC) 13.
(STAFF/CPC) 14.
(STAFF/CPC) 15.
Within thirty (30) days of approval of this request, the applicant shall
submit the following information:
A plan depicting the berm required by Condition 11, the
buffer required by Condition 9 and the parking and
driveway areas for review and approval by the Planning
and Environmental Engineering Departments. In
conjunction with this review, a phasing plan for the
installation of the landscaping and berm improvements
shall be reviewed and approved.
A plan depicting the landscaping requirement noted in
Condition 10 and a phasing plan for the installation of these
improvements for review and approval by the Planning
Commission. (P & EE)
There shall be no signs to identify this use. (P)
Other than the vehicle parking outlined in Condition 2, there shall be
no outside storage. (P)
Within sixty (60) days of the approval of this request, twenty-five
(25) feet of right-of-way on the west side of Conifer Road,
measured from the centerline of the part of Conifer Road
immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
GENERAL INFORMATION
Location:
East line of Flagler Road, south of Wannee Way, also the west line of Conifer Road, south
of Bellbrook Drive. Tax IDs 784-676-0576, 0749 and 2573 (Sheet 18).
Existing Zoning:
R-7
Size:
7.0 acres
Existin~ Land Use:
Single family residential and commercial
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Adjacent Zoning & Land Use:
North, South and West - R-7; Single family residential
East - A; Single family residential
UTILITIES
Public Water and Wastewater Systems:
This request will not impact the public water and wastewater systems. The existing
dwelling is connected to both the public water system and the public wastewater system.
Use of public water and wastewater will be required for any future structure constructed
on-site.
ENVIRONMENTAL
Drainage and Erosion:
To address concerns expressed by the Dale District Commissioner relative to potential oil
runoff from the trucks parked on site, Proffered Condition 11 would require the installation
of a containment berm around the low side of the parking area.
PUBLIC FACILITIES
Fire Service:
The Bensley Fire Station, Company Number 3, currently provides fire protection and
emergency medical service (EMS). This request will have minimal impact upon fire and
EMS.
Transportation:
The property (7.0 acres) is located between Conifer Road and Flagler Road. The
applicants are requesting renewal of a conditional use (97AR0183) to permit an existing
commercial truck service from the home. This request will have a similar impact on the
transportation network as the previously approved conditional use.
Conifer Road is currently a thirty (30) foot wide prescriptive easement. At the request of
the Dale District Commissioner, Proffered Condition 15 would require the dedication of
twenty-five (25) of right of way from the centerline of this road to the County.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
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Area Development Trends:
Properties to the north, south and west are zoned Residential (R-7) and are developed as part
of the Conifer Heights and Beulah Village Subdivisions. Property to the east is zoned
Agricultural (A) and is occupied by a single family residence. It is anticipated that any
future area development would be for residential purposes consistent with the densities
recommended by the Plan.
Zoning History:
On September 5, 1984, the Board of Zoning Appeals approved a Special Exception for G.
W. Clarke, Hr. Truck Company, Inc. to operate a business (fuel oil business and dump truck
service) incidental to a dwelling unit (Case 84A179). Conditions limited the operation to
the applicant's company for a period of five (5) years.
On April 4, 1990, the Board of Zoning Appeals approved the renewal of Special Exception
Case 84A179 for a period of seven (7) years (Case 90AR0113). On April 5, 1997, the
Board of Zoning appeals approved the renewal of Special Exception Case 90SR0113 for
seven (7) additional years. (Case 97AR0183)
Uses:
Proffered conditions would restrict the operation to a fuel oil business and dump truck
service for the applicant only. Further limitations include the number of trucks to be parked
on the property and the number of employees, other than family members who live on site.
No clients would be permitted on the property. (Proffered Conditions 1, 2, 4 and 5)
Site Design:
Proffered Condition 8 would preclude additions and exterior alterations to any structures on
the property for this use, thereby limiting the business to the existing dwelling and accessory
structures. No signage would be permitted to identify this use (Proffered Condition 13).
With the exception of the permitted truck and employee parking, no outside storage would
be permitted. (Condition 14)
Currently, the parking areas for this operation are located on the southwestern portion of the
property (Tax ID 784-676-0749). Proffered Condition 3 would require that parking
continue to be limited to this parcel and not relocated or expanded onto the adjoining subject
properties. Access to the property for business purposes would be limited to Conifer Road,
thereby precluding truck and employee traffic onto Flagler Road through the Beulah Village
Subdivision (Proffered Condition 7). The Zoning Ordinance requires that driveways and
parking areas serving more than four (4) vehicles be paved with concrete, bituminous
concrete or similar material. Upon a recent visit to the site, it was noted that the driveway
pavement from Conifer Road to the parking area was in disrepair. Proffered Condition 3
would require that all parking areas and driveways be paved based upon an approved plan
within a specified period of time.
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Hours of Operation:
Proffered Condition 6 would limit the days and hours of this operation.
Buffers and Landscaping:
Currently, the existing truck parking area and garage can be viewed from Conifer Road,
Flagler Road and adjacent properties to the north. Proffered Condition 10 would require the
installation of landscaping to minimize these views from these directions, as approved by
the Planning Commission. Currently, a large area of existing vegetation on the southern
portion of the property buffers this operation from adjacent properties to the south.
Proffered Condition 9 would require the maintenance of a 100 foot buffer along this
southern boundary, as approved by staff.
Proffered Condition 12 would require the submittal of plan depicting these improvements
along with a phasing plan committing to the installation of this material.
CONCLUSION
This business was originally permitted by a Special Exception in 1984 and has been subsequently
renewed without public opposition. If this were a new request, staff would not be in support of the
use as the property is located in a residential area that is experiencing new growth. This, however,
is a renewal of a previously granted Conditional Use. After consideration of public input, should
the Commission and Board wish to approve this renewal, acceptance of the proffered conditions
would be appropriate.
CASE HISTORY
Planning Commission Meeting (6/21/05):
The applicant accepted the recommendation. There was opposition present relating to
commercial encroachment into a residential area which is experiencing new growth.
On motion of Mr. Litton, seconded by Mr. Gecker, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous
The Board of Supervisors, on Wednesday, July 27, 2005, beginning at 7:00 p.m., will take under
consideration this request.
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