07SN0143
NO~/ember 16, 2006 CPC
February 20, 2007 CPC
L^1pril 17, 2007 CPC
May 23,2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
07SN0143
J. B. Barnett
Midlothian Magisterial District
1224 Crowder Drive
REQUEST: Rezoning from Residential (R-7) to Agricultural (A) with Conditional Use to permit
a contractor's shop and storage yard.
PROPOSED LAND USE:
Continued operation of a heating and air conditioning contractor's shop and storage
yard is intended.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reason:
The use does not comply with the Midlothian Area Community Plan which suggests
neighborhood shopping centers, office/service establishments and public facilities are
appropriate.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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.)
Providing a FIRST CHOICE commnnity through excellence in public service
PROFFERED CONDITIONS
(CPC)
(CPC)
(CPC)
(CPC)
(CPC)
(CPC)
(CPC)
(CPC)
(CPC)
1.
This Conditional Use shall be granted to and for J. B. Barnett, exclusively,
for a period not to exceed seven (7) years and shall not be transferable or
run with the land. (P)
2.
This Conditional Use shall be limited to the operation of a heating and air
conditioning business, exclusively, and a maximum of six (6) employees,
other than the applicant and his immediately family members, shall be
permitted. (P)
3.
Other than normal maintenance or improvements necessary to meet the
Virginia Statewide Building Code, there shall be no exterior additions or
alterations to the structures. (BI & P)
4.
All work, with the exception of parking associated with the business, shall
be conducted entirely within an enclosed building. (P)
5.
One (1) sign shall be permitted and shall not exceed six (6) square feet.
(P)
6.
No more than five (5) customers shall be permitted on the property at any
one (1) time. (P)
7.
No deliveries shall be permitted before 8:00 a.m. or after 6:00 p.m.
Deliveries shall not be permitted to or from the property by a tractor trailer
truck. (P)
8.
Hours of operation shall be restricted to between 7:00 a.m. and 9:00 p.m.,
Monday through Saturday. No Sunday operation shall be permitted. (P)
9.
In addition to the heating and air conditioning business permitted as
conditioned herein, uses permitted on the property shall be limited to those
uses permitted by right or with restrictions in the Agricultural (A) District,
except that the following uses shall not be permitted:
a. Model homes;
b. Communications towers;
c. Forestry operations and sawmills together with the incidental uses
thereof;
d. Private kennels; and
e. Manufactured homes. (P)
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07SN0143-1v1A Y23-BOS
GENERAL INFORMATION
Location:
Southwest quadrant of the intersection of Crowder Drive and Westfield Road and better
known as 1224 Crowder Drive. Tax ill 729-708-2499 (Sheet 5).
Existing Zoning:
R-7
Size:
0.7 acre
Existing Land Use:
Contractor's shop and storage yard
Adiacent Zoning and Land Use:
North and East- R-7; Single family residential
South - A w/ CU and R-7; Office and single family residential
West - C-2; Commercial, public/semi-public or vacant
UTILITIES
Public Water System:
There are two (2) existing public water lines adjacent to this parcel. An eight (8) inch water
line extends along the south side of Westfield Road, adjacent to this site and a six (6) inch
water line extends along the east side of Crowder Drive, opposite this site. The existing
structure is not connected to the public water system. Use of the public water system is not
required at this time. However, use of public water will be required if an addition is made to
the existing structure or a new structure is constructed on this site.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along Westfield Road,
adjacent to this site. In addition, there is an existing eight (8) inch wastewater collector line
extending within an easement adjacent to the western boundary of this site. The public
wastewater system is available to serve this site, however the existing structure is not
connected. Use of the public wastewater system will not be required until such time as an
addition is added to the existing structure or a new structure is built on-site.
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ENVIRONMENT AL
Drainage and Erosion:
The property drains to Westfield Road and then via various tributaries to Falling Creek.
There are currently no on- or off-site drainage or erosion problems and none are anticipated
after development.
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company Number 5 and Forest View Volunteer Rescue Squad
currently provide fire protection and emergency medical service. This use will have a
minimal impact on fire and EMS.
Transportation:
The property is located at the southwest corner of Westfield Road and Crowder Drive.
The applicant is requesting rezoning from Residential (R-7) to Agricultural with a
Conditional Use to permit a contractor's shop and storage yard. Trip generation rates are
not available for a contractor's shop. Based on trip generation rates for light industrial
uses, development of the property could generate approximately forty (40) average daily
tri p s.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan which designates the
request property as a village shopping district where a concentration of retail/service
activities is appropriate including neighborhood shopping centers, office/service
establishments and public facilities.
Area Development Trends:
Properties to the north and east are zoned Residential (R-7) and are occupied by single
family residential use or are vacant. Properties to the south are zoned Agricultural (A) and
Residential (R-7) and are occupied by office and single family residential use. Properties to
the west are zoned Neighborhood Business (C-2) and are occupied by commercial, public-
semi-public use (post office) or are vacant.
Zoning History:
On September 2, 1975, the Board of Zoning Appeals approved a Special Exception (Case
75A181) to permit the operation of a heating and air conditioning repair shop incidental to
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07SN0143-1v1A Y23-BOS
the residential dwelling in an accessory building on the request property. Conditions of
approval limited the Special Exception for two (2) years, permitted the use for the property
owner only, and addressed parking, noise reduction, hours of operation, an on-site antenna,
storage and permitted no employees other than the applicant and no customers on-site.
On September 5, 1978, the Board of Zoning Appeals approved a Special Exception (Case
78A244) to permit the operation of a heating and air conditioning business incidental to the
residential dwelling on the request property. It was noted that the property owner's
previously granted Special Exception had expired, but he continued to operate the business.
Conditions of approval were similar to the previously imposed conditions with a few
modifications such as granting approval for three (3) years and permitting a sign to identify
the use, permitted two (2) employees other than the applicant and one (1) customer on-site at
a time.
On July 8, 1980, the Board of Zoning Appeals approved an amendment to Condition 9 of
Special Exception (Case 78A244) to increase the number of customers of the heating and air
conditioning business permitted on-site to two (2) and denied the request to amend
Condition 3 to permit parking associated with the use in the front and side yards rather than
just in the rear yard.
On September 2, 1987, the Board of Zoning Appeals approved renewal of a Special
Exception to permit a heating and air conditioning business on the property incidental to the
residential dwelling on the request property (Case 87 AR073). It was noted that the
previously granted Special Exception to permit the business had expired in 1981, however,
the property owner continued to operate the business on-site. Conditions of approval were
the same as those imposed with the approval of Case 78A244.
On February 17, 1994, the Board of Zoning Appeals approved renewal of a Special
Exception to permit a heating and air conditioning business incidental to the residential
dwelling on the request property (Case 93AR0217). It was noted that the previously granted
Special Exception to permit the business had expired in 1990 and that the property owner no
longer lived in the residence, however, operation of the business was continued on-site. The
application was amended to reflect property owner's son as the applicant since he resided in
the home. Conditions of approval were similar to the previously imposed conditions with a
few modifications such as granting approval for seven (7) years, increasing the number of
employees and customers permitted on-site, limiting the area of the dwelling to be permitted
as the business office, designating parking area for customers, limiting hours for deliveries
and prohibiting any deliveries by tractor trailers. (See attached conditions for Case
93AR0217).
Use and Proposed Restrictions:
A heating and air conditioning contractor's shop has been operated on the request property
since 1975. As noted above, numerous Special Exceptions have been granted to permit the
use incidental to the residential dwelling on the property since 1975. Conditions have been
modified over time to accommodate the use. The last Special Exception permitting the use
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incidental to the residential dwelling was approved in 1993 (Case 93AR0217). This
approval expired in 2000; however, the applicant has continued operation business without
zoning approval.
The contractor's shop and storage yard is now the primary use of the property since no one
resides on-site. Should this request be approved, the heating and air conditioning
contractor's shop and storage yard could continue as the primary use of the property
(Proffered Condition 2). However, since the property would be zoned Agricultural (A), uses
permitted in the Agricultural (A) zoning district would be allowed. To address concerns of
area residents, Proffered Condition 9 further restricts uses which would be permitted if the
property's primary use is no longer the heating and air conditioning business.
Proffered Condition 1 would limit the Conditional Use to the applicant for a period not to
exceed seven (7) years. Other proffers are offered to limit the number of employees, work
permitted outside of on-site structures, signage, exterior additions or alterations to these
existing on-site structures, deliveries, hours of operation and on-site customers. (Proffered
Conditions 2, 3, 4, 5, 6, 7, and 8)
CONCLUSION
The contractor's shop and storage yard does not comply with the Midlothian Area Community
Plan which suggests neighborhood shopping centers, office/service establishments and public
facilities are appropriate.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (11/16/06):
On their own motion, the Commission deferred this case to February 20, 2007.
Staff (11/17/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 18, 2006, for consideration at the
Commission's February 20,2007, public hearing.
Staff (1/24/07):
To date, no new information has been received.
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Planning Commission Meeting (2/20/07):
At the request of the applicant, the Commission deferred this case to April 17, 2007.
Staff (2/21/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 26, 2007, for consideration at the
Commission's April 17,2007, public hearing.
In addition, the applicant was advised that a $130.00 deferral fee must be paid prior to the
public hearing.
Applicant (2/27/07):
The deferral fee was paid.
Applicant (3/15/07):
Revised and additional proffered conditions were submitted.
Planning Commi ssi on Meeting (4/1 7 /07):
The applicant accepted the Commission's recommendation. There was support present
indicating that the applicant had been a good neighbor and the use had not infringed upon
area property owners' residential rights.
On motion of Mr. Gecker, seconded by Mr. Wilson, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under
consideration this request.
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