02SN0156-Feb27.pdfFebruary 27, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0156
Hope Bryson Woolwine
and
Gregory Parker Woolwine
Matoaca Magisterial District
1200 Courthouse Road
REQUEST:
Rezoning from Residential (R-7) to Agricultural (A) with Conditional Use to permit
office use and Conditional Use Planned Development to permit exceptions to Zoning
Ordinance requirements relative to setbacks for buildings, drives and parking;
driveway width; paving of drives and parking areas; and number of parking spaces.
PROPOSED LAND USE:
An insurance and financial services office is planned within a converted single family
residence.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed use does not conform to the Powhite/Route 288 Development Area
Plan which suggests the property is appropriate for medium density residential use of
1.51 to 4.0 dwelling units per acre.
Providing a FIRST CHOICE Community Through Excellence in Public Service
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Approval of this request could set a precedent for further non-residential
development along Courthouse Road contrary to the recommendations of the Plan.
The proposal, as submitted, represents overdevelopment of the site. The proposal
lacks the typical design criteria associated with office uses in Emerging Growth
Areas, such as landscaping along the roads and buffers adjacent to residential uses.
(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.)
PROFFERED CONDITIONS
(CPC) 1.
This Conditional Use shall be granted to and for Hope Bryson Woolwine and
Gregory Parker Woolwine and shall not be transferable nor mn with the land.
(P)
(CPC) 2.
This Conditional Use shall be limited to the operation of an insurance and
financial services business. (P)
(CPC) 3.
There shall be a maximum of six (6) employees, to include the applicants,
permitted on the property at any given time. (P)
(CPC) 4.
This use shall not be open to the public between 6:00 P.M. and 9:00 A.M.,
Monday through Friday nor before 10:00 A.M. or after 1:00 P.M. on
Saturday. No Sunday operation shall be permitted. This condition would not
preclude individual employees from performing office work, such as
paperwork and phone calls during other hours. (P)
(CPC) 5.
Except as required by the building code, there shall be no additions or
exterior alterations to the structure to accommodate this use. (P)
(CPC) 6.
One (1) sign, not to exceed an area of twenty-four (24) square feet and a
height of eight (8) feet shall be permitted to identify this use. (P)
(CPC)
7. Exterior lights shall conform to Section 19-573 of the Zoning Ordinance. (P)
(CPC)
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Surface treatment for driveways and parking areas shall conform to Section
19-514 (d)(3) of the Zoning Ordinance. (P)
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Location:
Southwest
quadrant
GENERAL INFORMATION
of Courthouse Road and Lucks Lane and better known as 1200
Courthouse Road.
Existing Zoning:
Size:
Tax ID 745-697-0078 (Sheet 10).
R-7 with a Special Exception
0.3 acre
Existing Land Use:
Single family residence with Special Exception to permit office use
Adiacent Zoning and Land Use:
North - C-5; Commercial
South, East and West - R-7 and R-15; Single family residential
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along the west side of Courthouse
Road, adjacent to the request site. Use of the public water system is required by County
Code. The existing structure is connected to the public water system.
Public Wastewater System:
There is an existing eight (8) inch wastewater line extending along Courthouse Road,
adjacent to the request site. Use of the public wastewater system is required by County
Code. The existing structure is connected to the public wastewater system.
ENVIRONMENTAL
Drainage and Erosion:
The property drains west via storm sewers to a tributary of Falling Creek. There are no
existing or anticipated, on- or off-site drainage or erosion problems.
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PUBLIC FACILITIES
Fire Service:
The WagstaffFire Station, Company Number 10 and Manchester Volunteer Rescue Squad,
currently provide fire protection and emergency medical service to this parcel. This request
will have minimal impact on fire and emergency medical service. The need for hydrants and
water quantity will be evaluated should there be any site plans submitted for review and
approval.
Transportation:
This proposed development (professional office) on the property will have a minimal impact
on the existing transportation network.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Plan which suggests
the property is appropriate for medium density residential use of 1.51 to 4.0 dwelling units
per acre.
Area Development Trends:
Property to the north is zoned (C-5) and is occupied by a commercial use. Generally, the
property at the northwest quadrant of Courthouse Road and Lucks Lane has been developed
for commercial uses. This zoning was granted contrary to the recommendations of the
adopted Plan. Single family residential development in Central Heights and Wedgewood
Subdivisions occupies adjacent properties to the south, east and west. The request property
is a lot located within Wedgewood Subdivision. The Plan anticipates continued residential
development in this area.
Zoning History:
On October 6, 1993, the Board of Zoning Appeals granted a Special Exception to permit the
operation of an insurance office from the home. The Special Exception which allows a
resident to operate a business from the home in which they reside was granted for a three (3)
year period and was granted to the resident, which is one of the current applicants, only.
Other conditions limited the number of employees; customers; the hours of operation;
outside activities; square footage; signage; and deliveries. Subsequently in 1997, the Special
Exception was renewed by the Board of Zoning Appeals with no time limit. In both
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instances, staff recommended denial because the proposal did not comply with the
Comprehensive Plan for the area.
Current Proposal:
The Conditional Use is essentially being requested to allow continued operation of an
insurance office, but would not require as the Special Exception did, that the applicants
reside on the property. Unlike the Special Exception, the Conditional Use would not insure
that some residential use of the property be maintained.
Site Design:
As previously noted, a single family residence which has been used as a residence as well as
an insurance office operated from the home is currently located on the property. Given the
size of the existing structure and the proposed use, ten (10) parking spaces would be
required. A two (2) space exception to this requirement is requested as well as an exception
to the Ordinance which requires paving for more than four (4) parking spaces and associated
drives.
There is a graveled variable width driveway to Courthouse Road and Lucks Lane, which
would also access existing and proposed parking to the side and rear of the existing structure.
This driveway is required to be a minimum of twenty (20) feet in width. A ten (10) foot
exception to this requirement is sought.
The following setback exceptions are also being requested:
I. Drives and Parking
a. A thirty (30) foot exception to the thirty (30) foot side yard setback;
b. A thirty-five (35) foot exception to the forty (40) foot rear yard setback;
A seventy (70) foot exception to the seventy-five (75) foot front yard setback;
and
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A forty-six (46) foot exception to the seventy-five (75) foot comer side yard
setback.
II. Buildings
a. A 105 foot exception to the 150 foot front yard setback;
bo
A sixty-five (65) foot exception to the seventy-five (75) foot comer side yard
setback;
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While it may be appropriate to allow some limited non-residential development at strategic locations
along Courthouse Road, the current Plan fails to provide any guidance as to where those locations
might be. Without a plan to guide the location of appropriate non-residential uses, approval could
set a precedent for uncoordinated, piecemeal development along the corridor. As previously
mentioned, however, there has been past zoning action in the immediate vicinity for commercial use
which is contrary to the recommendation of the Plan.
While it might be contended that the zoning actions for commercial uses at the northwest quadrant
give some credence to allowing non-residential uses on the south line of Lucks Lane so as to provide
appropriate transitions, such uses should only be accommodated if appropriate development
standards are employed to not only insure quality development, but also establish the boundaries for
non-residential development along the corridor. The proposal fails to address these issues and in fact
represents overdevelopment of the land.
Therefore, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (1/15/02):
The applicants did not accept staff's recommendation, but did accept the Commission's
recommendation. There was one (1) person present who expressed concern that the proposal
does not comply with the Comprehensive Plan.
The County Attorney advised that Proffered Condition 1 would allow either of the applicants
to operate the use.
Mr. Marsh indicated that the use had operated for approximately eight (8) years through a
Special Exception with no apparent adverse impact on the area. He noted that other than the
fact that the operator would no longer reside on the premises, the use would be of a similar
intensity as to when it was operated under the Special Exception.
Mr. Gulley indicated that in his opinion approval would not set a precedent for
commercialization of Courthouse Road, noting that visually the residential character would
be maintained.
On motion of Mr. Marsh, seconded by Mr. Gulley, the Commission recommended approval
of this request and acceptance of the Proffered Conditions on page 2.
AYES: Unanimous
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The Board of Supervisors, on Wednesday, February 27, 2002, beginning at 7:00 p.m., will take under
consideration of this request.
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