06SR0340
September 19, 2006 CPC
October 25, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SR0340
Bobby and Kathy Sprouse
Dale Magisterial District
5632 and 5700 Orno Road
REQUEST: Renewal of Conditional Use (Case 03AN0229) to permit a business (motor vehicle
repair) incidental to a dwelling unit.
PROPOSED LAND USE:
In addition to the existing single family residential use, the applicant proposes to
continue operating a motor vehicle repair business.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROV AL AND ACCEPTANCE OF PROFFERED CONDITIONS 1
THROUGH 8 AND 10 THROUGH 12 ON PAGES 2 AND 3. RECOMMEND THAT
PROFFERED CONDITION 9 NOT BE ACCEPTED.
STAFF RECOMMENDATION
Recommend denial for the reasons stated herein. However, should approval be considered,
Proffered Condition 9 relative to parking lot treatment should not be accepted because it is
addressed by the Zoning Ordinance.
A. The proposed land use does not conform to the Central Area Plan which suggests
the property is appropriate for mixed use corridor uses, to include residential and
office uses.
B. The proposed land use IS incompatible with existing and anticipated area
development.
Providing a FIRST CHOICE community through excellence in public service
c. The business has not operated in compliance with the conditions approved by the
Board of Zoning Appeals for the approved Special Exception (Case 03AN0229)
relative to landscaping.
(NOTE: CONDITIONS MAYBE 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
"epe" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
(epc)
(CPC)
(CPC)
( CPC)
( epe)
(epe)
(epe)
(epe)
(CPC)
1.
This Conditional Use shall be granted to and for Bobby L. Sprouse, Jr. or
Katherine Sprouse, exclusively, and shall not be transferable nor run with the
land. (P)
2.
This Conditional Use shall be limited to the operation of a motor vehicle
repair business, excluding body, major engine and transmission repair. (P)
3.
No employees, other than family member employees that live on the
property, shall be permitted. (P)
4.
A maximum of four (4) motor vehicles associated with the repair business
shall be parked on the site at any time. (P)
5.
Hours of operation shall be limited to between 8:00 a.m. and 5:00 p.m.,
Monday through Saturday. No Sunday operation shall be permitted. (P)
6.
All repair activity and storage of associated materials shall occur inside the
existing detached garage located on Tax ID 773-681-3148 and labeled as
"New Garage" on the attached plat dated August 10, 1994 as prepared by
Robert K. Thomas and Associates. (P)
7.
No additions or exterior alterations shall be permitted to the dwelling or
accessory buildings to accommodate this use. (P)
8.
There shall be no signs identifying this use. (P)
9. All parking areas and drives that accommodate this business shall have a
minimum graveled surface of six (6) inches of No. 21 or 21A stone. (P)
10.
Landscaping and/or fencing shall be installed to minimize the views of the
motor vehicle parking area from the adjacent properties and Omo Road. The
exact species, number and spacing of plant material and/or fencing details
shall be reviewed and approved by the Planning Department as outlined in
Proffered Condition 11. (P)
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06SR0340-0CT25- BOS
(CPC)
11.
Within thirty (30) days of approval of this request, the applicants shall
submit a plan depicting the landscaping and/or fencing requirement noted in
Proffered Condition 10 and the parking and driveway areas for review and
approval by the Planning Department. In conjunction with this review, a
phasing plan for the installation of these improvements shall be reviewed
and approved. (P)
(epe)
12.
Within sixty (60) days from the date of the Board of Supervisors' approval
of this request, thirty-five (35) feet of right-of-way on the north side ofOmo
Road, measured from the centerline of the part of Omo Road immediately
adjacent to the property, shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. (T)
GENERAL INFORMATION
Location:
North line of Omo Road, east of Old Zion Hill Road and better known as 5632 and 5700
Dmo Road. Tax IDs 773-681-2145 and 3148.
Existing Zoning:
R-7 with Special Exception
Size:
1.4 acres
Existing Land Use:
Residential
Adiacent Zoning and Land Use:
North, East, South and West - R-7; Single family residential
UTILITIES
Public Water and Wastewater Systems:
The public water and wastewater systems are not available to serve this site. The closest
water line is a twelve (12) inch line along Old Zion Hill Road and the closest wastewater
collector line is along a portion of Old Zion Hill Road, both approximately 850 feet west
of this site. While use of public water and wastewater systems is recommended, it is not
required by County Code. The existing dwelling is served by a private well and septic
systems.
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06SR0340-0CT25- BOS
Private Well and Septic Systems:
Use of private wells and septic tanks must be approved by the Health Department.
ENVIRONMENT AL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Dale Fire Station, Company Number 11, currently provides fire protection and
emergency medical service. This request will have a minimal impact fire and EMS.
Transportation:
The proposed business (motor vehicle repair) on the property will have a minimal impact
on the existing transportation network.
The Thoroughfare Plan identifies Orno Road as a collector with a recommended right of
way width of seventy (70) feet. The applicant has proffered to dedicate thirty-five (35)
feet of right of way, measured from the centerline of Omo Road, in accordance with that
Plan. (Proffered Condition 12)
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property IS
appropriate for a mix of office and residential uses.
Area Development Trends:
The area is characterized by residential single family development as part of the Ampthill
Gardens Subdivision.
Zoning History:
On April 2, 2003, the Board of Zoning Appeals approved a Special Exception for Bobby
and Kathy Sprouse to operate a business (motor vehicle repair) incidental to a dwelling unit
(Case 03AN0229). Conditions limited the operation to the applicants for a period of three
(3) years.
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06SR0340-0CT25- BOS
Staff visited the site in the Spring of 2006 and noted that landscaping had not been installed
to minimize the views of the repair activity from adjacent properties and Omo Road, as
required by conditions of Case 03SN0229. Further, the parking area for vehicles associated
with the repair business was not paved in accordance with Ordinance requirements for the
parking of more than four (4) vehicles. However, the current proposal would limit the
number of vehicles parked on site such that paving would not be required. Proffered
Condition 9 requires gravel treatment, but is not necessary because the Ordinance addresses
this requirement.
Uses:
Proffered conditions would restrict the operation to a motor vehicle repair business,
exclusive of body, major engine, transmission repair, for the applicants only. Further,
limitations include the number of vehicles parked on the property that are awaiting servicing
and restricting employees to family members that live on the property. (Proffered
Conditions 1,2 and 3)
Hours of Operation:
Proffered Condition 4 would limit the days and hours of this operation.
Site Design:
Proffered Condition 6 would limit the repair activity and the storage of associated materials
to within the existing garage, as noted on the attached plat. Proffered Condition 7 would
preclude additions and exterior alterations to any structures on the property for this use. No
signage would be permitted to identify this use (Proffered Condition 8). Parking areas
would be depicted on a plan submitted for staffs approval along with a phasing plan
committing to the installation of a minimum graveled surface. (Proffered Conditions 9 and
11)
Landscaping and Fencing:
Currently, the existing vehicle parking area can be viewed from Dmo Road and the adjacent
properties to the east and west. Proffered Condition 10 would require the installation of
landscaping and/or fencing material to minimize these views from surrounding directions.
Proffered Condition 12 would require the submittal of a plan depicting these improvements
along with a phasing plan committing to the installation of this material.
CONCLUSION
The proposed zoning and land uses do not conform to the Central Area Plan which suggests the
property is appropriate for office and residential uses. In addition, the proposed zoning and land
uses are not representative of, nor compatible with, existing and anticipated area development.
Further, the business has not operated in compliance with landscaping conditions of Case
03SN0229.
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06SR0340-0CT25- BOS
Given these considerations, denial of this request is recommended. Should the Commission and
Board wish to approval this request, Proffered Condition 9 should not be accepted because the
Ordinance requires gravel parking areas.
CASE HISTORY
Planning Commission Meeting (9/19/06):
The applicant did not accept staff's recommendation, hut did accept the Planning
Commission's recommendation. There was no opposition present. There was support
present. Further, Mr. Litton indicated that there was no opposition present at a previously
held community meeting.
On motion of Mr. Litton, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of proffered conditions 1 through 8 and 1 0 through 12 on pages
2 and 3 and that Proffered Condition 9 not be accepted.
AYES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
The Board of Supervisors, on Wednesday, October 25, 2006, beginning at 7:00 p.m., will take
under consideration this request.
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06SR0340-0CT25- BOS
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