05SR0259-NOV22.pdf
July 19, 2005 CPC
October 1 g, 2005 CPC
November 22, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SR0259
(Amended)
Michael Sibley
and
Rita Sibley
Matoaca Magisterial District
8825 Woodpecker Road
REQUEST: (Amended) Renewal of Conditional Use (Case 02AN0230) to allow a business
operated incidental to a dwelling unit.
PROPOSED LAND USE:
In addition to the single family residential use, the applicants plan to continue
operation of a business.
Specifically, a cabinet making business was previously approved to operate on this
property (Case 02AN0230). The applicants plan to continue to operate the cabinet
making business, but would like the ability to make other wood products.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPRO V AL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
A cabinet making business was originally permitted by a Special Exception in 2002. After
consideration of public input, should the Commission and Board wish to approve this request,
acceptance of the proffered conditions would be appropriate.
Providing a FIRST CHOICE community through excellence in public service
(NOTES:
CONDITIONS MA Y BE IMPOSED OR THE PROPERTY OWNER(S)
MA Y 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.
A.
B. PROFFERED CONDITION 8 WAS SUBMITTED SUBSEQUENT TO
THE ADVERTISEMENT OF THIS REQUEST. IN ORDER FOR THE
BOARD TO CONSIDER THIS PROFFER, THE BOARD MUST
WAIVE THEIR PROCEDURES.)
PROFFERED CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(ST AFF/CPC)
(STAFF/CPC)
1
This Conditional Use shall be granted to and for Michael Sibley,
Rita Sibley or their children (blood, adoption or guardianship) and
shall not be transferable or run with the land. (P)
2.
This Conditional Use shall be limited to the operation of a wood
products manufacturing business, exclusively. A maximum of
three (3) employees other than those persons outlined in Proffered
Condition 1 may be engaged in this operation. (P)
3.
This use shall not operate before 8:00 A.M. and after 5: 00 P.M.,
Monday through Friday nor on Saturday or Sunday. (P)
4.
There shall be no deliveries to or from the site via tractor-trailer
carriers. Any deliveries shall be made between the hours of 8 :00
A.M. and 5:00 P.M., Monday through Friday. There shall be no
Saturday or Sunday deliveries. (P)
5.
With the exception of accessory parking and an air compressor, all
work and operations associated with this business, including
storage of materials and equipment, shall be accomplished on the
inside of the 50 foot by 100 foot "proposed building" depicted on
the site plan prepared by Virginia Surveys dated 07-22-02. An air
compressor for this operation shall be housed in a separate attached
structure (no more than fifty (50) square feet in area) to be located
to the west of the above referenced building. (P)
6.
Leyland Cypress trees with an initial height of at least three (3) feet
shall be planted and maintained to sufficiently screen the buildings
described in Proffered Condition 5 from adjacent property
identified as Tax ID 760-644-9151. A landscaping plan shall be
submitted to the Planning Department within thirty (30) days of
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05SR0259-NOV22-BS
approval of this request. Such plan shall include a phasing plan for
the installation of the landscaping. (P)
(STAFF/CPC)
7.
One (1) sign, not to exceed one (1) square foot in area and a height
of 4.5 feet, shall be permitted to identify this use. Such sign shall
not be illuminated and shall be located west of the driveway and
adjacent to the mailbox shown on the plan as outlined in Proffered
Condition 5. (P)
(STAFF /CPC)
8.
Within sixty (60) days from the date the Board of Supervisors
approves the Conditional Use request, forty-five (45) feet of right-
of-way along the south side of Woodpecker Road, measured from
the centerline of that part of Woodpecker Road immediately
adjacent to the property, shall be dedicated, free and unrestricted,
to and for the benefit of Chesterfield County. (T)
GENERAL INFORMATION
Location:
South line of Woodpecker Road, east of Nash Road and better known as 8825 Woodpecker
Road. Tax ID 760-644-7168 (Sheet 33).
Existing Zoning:
Agricultural (A) with Special Exception
Size:
10.0 acres
Existing Land Use:
Single-family residential and commercial
Adiacent Zoning and Land Use:
North - R-25; Vacant
South - R-88; Vacant
East - A; Single-family residential
West -A; Single-family residential
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05SR0259-NOV22-BS
UTILITIES
Public Water System:
The public water system is not available to serve this site. The closest public water main is a
twelve (12) inch water line along a portion of Nash Road that terminates adjacent to
Applecross Way, approximately 3,400 feet northwest of this site. This property is subject to
the requirements of the County Code relative to the required use of public water for
development in the Southern and Western Area Plan. However, Code exempts the
requirement to use public water when the proposed use is considered incidental to a
principal use that is allowed on a private well (Section 18-63(b)(3)). Use of public water
will not be required.
Private Well:
The Health Department must approve any new well or expanded use of any existing well.
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 Area Plan for R-88 zoning, where the use
of private septic systems is permitted.
Private Septic System:
The Health Department must approve any new or expanded use of private septic system(s).
ENVIRONMENTAL
The requested renewal will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Airport Fire Station, Company Number l5, currently provides fire protection and
emergency medical service (EMS). This request will have minimal impact fire and EMS.
Transportation:
The proposed business (wood products manufacturing) will have a minimal impact on the
existing transportation network.
The Thoroughfare Plan identifies Woodpecker Road as a major arterial with a
recommended right of way width of ninety (90) feet. The applicants have agreed to
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05SR0259-NOV22-BS
dedicate forty-five (45) feet of right of way, measured from the centerline of Woodpecker
Road, in accordance with that Plan. (Proffered Condition 8)
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan, which suggests the
property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning.
Area Development Trends:
The area is characterized by single-family residential uses on large Agricultural (A) parcels
to the east and west and by vacant property zoned for residential use to the north and south.
The Plan anticipates residential development continuing in the area for the foreseeable
future.
Zoning History:
On May 1, 2002, the Board of Zoning Appeals approved a Special Exception for Michael
and Rita Sibley to operate a business (cabinet-making) incidental to a dwelling unit (Case
02AN0230) subject to number of conditions.
Uses:
With the approval of Case 02AN0230, the use was limited to and for the applicants only.
This proposal seeks to also allow the applicants' children to operate the business (Proffered
Condition 1). Previously, the use was limited to a cabinet making business and was allowed
a maximum of two (2) employees other than the applicants. This request would allow a
wood products manufacturing business, with a maximum of three (3) employees as well as
the applicants and their children (Proffered Condition 2). Case 02AN0230 was granted for a
three (3) year period. The applicants are requesting to be allowed to continue to operate
their business with no time limit.
Site Design:
Previously the use was restricted to a 2,500 square foot area within a 5,000 square foot
structure. This restriction was difficult, if not impossible, to enforce. With this request the
wood products manufacturing business would be located within an existing 5,000 square
foot structure with no further limitation as to area (Proffered Condition 5). In addition,
Proffered Condition 5 would allow up to a fifty (50) square foot addition to the existing
structure, to permit the housing of an air compressor.
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05SR0259-NOV22-BS
Hours of Operation:
Case 02AN0230 did not permit deliveries before 8:00 a.m. and after 4:00 p.m., Monday
through Friday or on Saturday and Sunday. This proposal modifies the restriction such that
deliveries would be allowed until 5:00 p.m. Monday through Friday (Proffered Condition
4). Deliveries via tractor-trailer carriers are not permitted. In addition, Proffered Condition
3 limits the hours and days the use may operate. Staff notes these proffers do present
enforcement concerns for the County.
Signage:
No signage was permitted with approval of Case 02AN0230. The applicants are proposing
one (1) sign up to one (1) square foot in area (Proffered Condition 7). A one (1) square foot
sign is typically the size sign allowed with a home occupation.
Buffers and Landscaping:
Concerns have been raised about the visibility of the operation from adjacent property to the
east. Proffered Condition 6 requires the installation of landscaping to minimize visibility
from this adjacent property. This landscaping has been installed as it was previously
required with the approval of Case 02AN0230.
CONCLUSION
Business use was originally permitted by a Special Exception in 2002. If this were a new request,
staff would not be in support of the use as the property is located in a residential area experiencing
residential 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 (7/19/05):
At the request of the applicants, the Commission deferred this case to October 18,2005.
Staff (7/20/05):
The applicants were advised in writing that any significant, new or revised information
should be submitted no later than August 8, 2005, for consideration at the Commission's
October 18,2005, public hearing.
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05SR0259-NOV22-BS
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicants (9/15/05):
The application was amended to request a wood products manufacturing business instead of
cabinet making.
Applicants (9/29/05):
Revised proffered conditions were submitted and the deferral fee was paid.
Planning Commission Meeting (10/18/05):
The applicants accepted the recommendation. There was no opposition present. In
response to a concern form Mr. Litton, the applicants agreed to right of way dedication and
to submit such a proffer prior to the Boards' consideration of the case.
On motion of Mr. Bass, seconded by Mr. Wilson, the Commission recommended approval
and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
Applicants (11/10/05):
Proffered Condition 8 was submitted, as discussed at the Planning Commission meeting.
The Board of Supervisors, on Tuesday, November 22, 2005, beginning at 7:00 p.m., will take under
consideration this request.
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05SR0259-NOV22-BS
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