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07SN0218 February 20, 2007 CPC March 14,2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0218 Dempsey L. Bradley Jr. and Susan T. Bradley Matoaca Magisterial District 9823 W oodpeck:er Road REQUEST: Renewal of Conditional Use (Case 04SN0268) to permit a business operated incidental to a dwelling unit in an Agricultural (A) District. PROPOSED LAND USE: A heating and air conditioning (HV AC) contractor's office and warehouse is currently being operated on site. The applicant proposes to continue use of the existing site while construction of a new office and shop are completed on property appropriately zoned for the use. PLANNING COMMISSION RECOMMEND APPROVAL RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reason: The use is proposed temporarily while construction of a new office and shop are completed on property properly zoned for the use. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY Providing a FIRST CHOICE Community Through Excellence in Public Service 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 (STAFF/CPC) 1. This Conditional Use shall be granted to and for Dempsey L. Bradley, Jr. and Susan T. Bradley, exclusively, and shall not be transferable or run with the land. (P) (STAFF/CPC) 2. The business shall be located within the existing detached garage. There shall be no further additions or expansions to the existing building to accommodate this use. (P) (STAFF/CPC) 3. There shall be no outside storage permitted. (P) (STAFF/CPC) 4. The contractor's office and warehouse shall be permitted for a maximum of twelve (12) months from the date of approval of this request. (P) (STAFF/CPC) 5. There shall be no signs permitted to identify this use. (P) GENERAL INFORMATION Location: South line ofWoodpeck:er Road, west of Nash Road and k:nown as 9823 Woodpeck:er Road. Tax ID 756-645-2919 (Sheet 33). Existing Zoning: Agricultural (A) Size: 5.4 acres Existing Land Use: Single family dwelling and contractor's office and warehouse Adiacent Zoning and Land Use: North, South, East and West - A; Large-lot single family residential or vacant 2 07SN0218-MAR14BOS UTILITIES Public Water and Wastewater Systems: Public water and wastewater are not available to serve this site. The existing structure is served by a private well and septic system. While use of public water and wastewater is required by County Code for structures authorized by Conditional Use granted after June 23, 1993 within the Rural Conservation Area of the Southern and Western Area Plan, the Code grants an exception for a use (a business) incidental to the principal use (a home) that was previously allowed with a private well and a septic system. Private Well and Septic System: The Health Department must approve any new well or septic system or expanded usage of any existing well or septic system to serve this site. ENVIRONMENTAL: FIRE SERVICE: AND TRANSPORTATION This request will have a minimal impact on these facilities. LAND USE Comprehensive Plan: The request lies within the boundaries of the Southern and Western Area Plan which designates the request property as part of the Rural Conservation Area where activities should be limited primarily to agricultural and forestal uses with isolated single family residences permitted on lots larger than five (5) acres. Area Development Trends: Surrounding properties are zoned Agricultural (A) and are occupied by single family residential uses on large lots or are vacant. It is anticipated that the area will remain agricultural and forested and that planned development will be deferred for twenty (20) years unless adequate provisions are made earlier for public infrastructure improvements. Zoning History: On October 27,2004, the Board of Supervisors approved Conditional Use (Case 04SN0268) to permit an HV AC contractor's office and warehouse incidental to the dwelling unit on the request property for eighteen (18) months subject to conditions limiting the approval to the applicants only, prohibiting additions or expansions to existing structures to accommodate the use, and prohibiting outside storage and signs to identify the use. 3 07SN0218-MAR14BOS Use and Time Limitations: The applicants continue to operate a heating and air conditioning (HV AC) contractor's office and warehouse on the request property. The Conditional Use (Case 04SN0268) which permitted the business on the request property for eighteen (18) months expired in April 2006. The applicants are requesting that this conditional use be renewed for twelve (12) months while they complete plan approval and construct a new office and warehouse on property located within the County's Airport Industrial Park:. Site Design: Development of the property must meet the minimum requirements for uses within the Agricultural (A) District. In addition, Proffered Conditions provide that: (1) the business will be conducted within the existing detached garage and no additions or alterations will be permitted to accommodate the use and (2) outside storage and signage would be prohibited (Proffered Conditions 2, 3 and 5). These are the same conditions under which the original permit was granted. CONCLUSIONS While the proposed zoning and land use fail to conform with the Southern and Western Area Plan which designates the request property as part of the Rural Conservation Area where activities should be limited primarily to agricultural and forestal uses with isolated single family residences permitted on lots larger than five (5) acres, the use has been conducted on the request property without any apparent adverse impact on adjacent properties. In addition, the use is proposed temporarily while construction of a new office and shop are completed on property properly zoned for the use. Given the foregoing, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (02/20/07): The applicant accepted stafr s recommendation. There was opposition present expressing concerns regarding the continuance of the use without the requisite conditional use and the fact that the business has expanded adversely impacting area residents. Mr. Bass indicated that the applicants are in the process of relocating to an appropriately zoned site and that approval for a limited time period would allow them time to relocate. The applicant agreed to amend proffered condition 4 to limit the Conditional Use to twelve (12) months. 4 07SN0218-MAR14BOS On motion of Mr. Bass, seconded by Mr. Wilson, the Commission recommended approval and acceptance of the proffered conditions on page 2. AYES: Messrs. Geck:er, Gulley, Bass, Litton and Wilson. The Board of Supervisors, on Wednesday, March 14, 2007, beginning at 6:30 p.m., will tak:e under consideration this request. 5 07SN0218-MAR14BOS This page is blank:. CONDITIONS - Case 04SN0268 1. This Conditional Use shall be granted to and for Dempsey L. Bradley, Jr. and Susan T. Bradley, exclusively, and shall not be transferable or run with the land. (P) 2. The business shall be located within the existing detached garage. There shall be no further additions or expansions to the existing building to accommodate this use. (P) 3. There shall be no outside storage permitted. (P) 4. The contractor's office and warehouse shall be permitted for a maximum of eighteen (18) months from the date of approval of this request. (P) 5. There shall be no signs permitted to identify this use. 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