06SN0312
L^:t.UgUst 15, 2006 CPC
August 23,2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0312
Marcy Thomas
and
Samuel Benjamin Thomas
Matoaca Magisterial District
Gates Elementary; Matoaca Middle; and Matoaca High School Attendance Zones
1060 1 Woodpecker Road
REQUEST: Conditional Use to permit a dwelling unit separated from the principal dwelling
unit in an Agricultural (A) District plus Conditional Use Planned Development to
permit use of a parcel of land with no public road frontage for dwelling purposes.
PROPOSED LAND USE:
A second dwelling unit is proposed separated from an existing dwelling unit on a
parcel of land with no public road frontage.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF PROFFERED CONDITIONS ON
PAGES 2 AND 3.
AYES: MESSRS. WILSON, GECKER, BASS AND GULLEY.
NAYS: MR. LITTON.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposal fails to limit occupancy of the second dwelling unit as has been
typically been approved for similar requests.
Providing a FIRST CHOICE community through excellence in public service
B. The parcel on which the second dwelling is proposed has not public road frontage,
therefore, adequate access for emergency vehicles and the public is not
guaranteed.
(NOTE: CONDITIONS MAYBE 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 "epe" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(cpe)
1.
Prior to the issuance of a building permit, the applicant shall provide to the
planning department a copy of a recorded instrument which will include
the following:
a. A fifteen (15) foot wide private access easement from Woodpecker
Road to the subject parcel. The instrument shall require that no
structure or fence shall be constructed to block the easement and
shall require the land owner of the subject parcel to be responsible
for maintenance of the access in accordance with the standards set
forth below, or
b. If the access involves the use of a dedicated and unimproved
County right of way, the applicant shall provide a copy of the
approved license agreement with the County. (P)
(CPC)
2.
Within the fifteen (15) foot wide private access easement or right of way,
a twelve (12) foot wide roadway shall be constructed and maintained.
Prior to issuing a Certificate of Occupancy the Planning Department and if
required, the Fire Department, shall inspect this roadway to determine its
compliance with the following standards.
a) The roadway shall consist of no less that the following: compacted
soil subbase with six (6) inches of compacted 21-B crushed stone.
If an asphalt based surface is to be applied, it shall be designed and
constructed to Chesterfield County subdivision street requirements
or an equivalent design approved by the subdivision team, capable
of supporting the projected 75,000 pound vehicle weight. The
roadway shall not be approved if it is rutted or potholed and shall
be maintained to this standard.
b) There shall be an additional three (3) foot clear area beyond the
edge of the roadway.
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06SN0312-AUG23-BOS
c) There shall be a minimum vertical clearance of fourteen (14) feet
of area above the roadway.
d) The roadway shall have a maximum grade of ten (10) percent with
an appropriate transition at the street connection., unless otherwise
approved by the Fire Department.
e) The minimum inside turning radius for any curve shall be twenty-
seven (27) feet.
1) Any cross drains shall be designed to accommodate a minimum ten
(10) year storm. (P, FD)
(CPC)
3.
Prior to the issuance of a Certificate of Occupancy, the house number shall
be installed on the mailbox or a pole and located at the driveway entrance
of the State maintained road as well as the driveway entrance to the
property. The house numbers shall be displayed in at least four (4) inch
high numbers. (P)
( CPC)
4.
This property shall not be further subdivided, including any family
subdivisions, unless public road frontage is provided. (P)
GENERAL INFORMATION
Location:
Fronts the south line of Woodpecker Road, west of Nash Road, and is known as 1 060 1
Woodpecker Road. Tax IDs 747-643-Part of 4639; 750-643-Part of 7120; 750-644-Part
of3565; 752-640-0296; and 752-644-Part of9691 (Sheets 24 and 32)
Existing Zoning:
A
Size:
93.2 acres
Existing Land Use:
Single family residential, public/semi-public (Pocahontas State Park) or vacant
Adjacent Zonin€! and Land Use:
North, South, East and West - A; Single family, public/semi-public (Pocahontas State
Park) or vacant
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06SN0312-AUG23-BOS
UTILITIES
Public Water System:
The public water system is not available to serve this site. This site is within the Rural
Conservation area of the Southern and Western Area Plan where the use of public water is
mandatory. However, residences that are located on lots that are exempt from the
requirements of the subdivision ordinance are not required to connect (County Code
Section 18-63(b)(5)).
Public Wastewater System:
The public wastewater collector system is not available to serve this site. This site is within
the Rural Conservation area of the Southern and Western Area Plan where the use of
public wastewater system is mandatory. However, residences that are located on lots that
are exempt from the requirements of the subdivision ordinance are not required to connect
(County Code Section 18-64(a)(6)).
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains to the rear to Second Branch then via Second Branch to Swift
Creek. There are no known on- or off-site drainage or erosion problems and none are
anticipated after development
Wate! Qualitv:
Second Branch is a perennial stream and, as such, is subject to a 100-foot conservation
area inside of which there are very limited uses.
PUBLIC FACILITIES
Schools; Libraries; Parks and Recreation; and Transportation:
This use will have a minimal impact on these facilities.
Fire Service
The Phillips and Winterpock Fire Stations, Company Number 13 and Company Number
19, currently provide fire protection and emergency medical service. One of the purposes
of requiring that dwelling units front on a State maintained public road is to insure
adequate access for emergency vehicles. Should this request be approved, it would be
appropriate to accept Proffered Conditions 1, 2 and 3 which provide standards for the
proposed private access.
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06SN0312-AUG23-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which designates the
property as part of the Rural Conservation Area where activities are limited to primarily
agricultural and forestal uses with isolated single family residences permitted on larger
acreage parcels.
Area Development Trends:
Surrounding properties are zoned Agricultural (A) and are occupied by single family
residential use, public/semi-public use (Pocahontas State Park) or are vacant. The Plan
anticipates residential development on larger lots continuing in the area as planned
development is suggested to be deferred twenty (20) years unless adequate public
facilities are provided.
Zoning History:
A single family dwelling was constructed on the property subsequent to receIvIng a
Variance from the Board of Zoning Appeals for no public road frontage in 1982 (Case
82AN047). Approval of the Variance was subject to two (2) conditions relative to
construction of the access road to "all-weather" standards.
Access:
The request property does not have frontage on a public road, as required by the Zoning
Ordinance. The purpose of the public road frontage requirement is to insure adequate
access for emergency vehicles and the public is provided and to insure that other County
taxpayers do not eventually bear the cost of constructing public road accesses to serve
dwelling units constructed without adequate access.
In an effort to insure the proposed private access will be adequate, Proffered Conditions
1, 2 and 3 provide that the private access will be secured by a recorded easement and will
be constructed and maintained to minimum standards set forth relative to width, base,
slope, etc. Should the Commission and Board find it appropriate to approve this request,
acceptance of these Proffered Conditions would be appropriate.
Occupancy:
Typically, the Board has approved requests to permit a second dwelling on a parcel when
occupancy of the second dwelling is limited to family members, guests or domestic
servants of the property owners(s). Staff supports this limitation as it will help mitigate
the impact of the second dwelling on the surrounding single family area. Should this
request be approved, conditions should be imposed to limit occupancy of the second
dwelling to the occupants of the principal dwelling unit, their family members, guests or
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06SN0312-AUG23-BOS
any domestic servants and require that a deed restriction be recorded notifying future
owners of the property of this restriction.
CONCLUSIONS
The request fails to limit occupancy of the second dwelling unit as has typically been approved
for similar requests where a second dwelling unit is proposed in an area where single family
residential uses is appropriate and anticipated. In addition, this parcel has no public road
frontage. The provision of adequate access for emergency vehicles and the public is not
guaranteed, therefore, there is no assurance that other County taxpayers will not eventually bear
the cost of constructing public road access to serve the dwellings.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/15/06):
The applicant did not accept staff s recommendation but did accept the Planning
Commission's recommendation. No one spoke in favor of or in opposition to the request.
Mr. Gecker suggested that proffered conditions relative to occupancy of the second
dwelling should not be accepted since they would be difficult to enforce.
The applicant agreed to withdraw Proffered Conditions 1 and 2 which limited occupancy
of the second dwelling, Proffered Conditions 3 through 6 relative to access were
renumbered accordingly.
Mr. Litton expressed his support for the requirement for public road frontage.
Mr. Bass stated the applicants were providing adequate access.
On motion of Mr. Bass, seconded by Mr. Gecker, the Commission recommended
approval of the request and acceptance of the proffered conditions on pages 2 and 3,
acknowledging the applicant's withdrawal of proffered conditions limiting occupancy of
the second dwelling.
AYES: Messrs. Wilson, Gecker, Bass and Gulley.
NAYS: Mr. Litton.
The Board of Supervisors, on Wednesday, August 23, 2006, beginning at 7:00 p.m., will take
under consideration this request.
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06SN0312-AUG23-BOS
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