07SN0295
l\fay 15, 2007 CPC
June 27,2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
07SN0295
Edwin L. Thompson
Clover Hill Magisterial District
2501 Courthouse Road
REQUEST: Renewal of Conditional Use (Case 03AR0227) to permit a business (tree service)
incidental to a dwelling unit in an Agricultural (A) District.
PROPOSED LAND USE:
Commercial use (a tree service business) are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Following public input, if there is no opposition, approval would be appropriate. This
recommendation is made for the following reason:
The use was approved by the Board of Zoning Appeals thorough a previously granted
Special Exception.
(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 community through excellence in public service
CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
Location:
1.
This Conditional Use shall be granted to and for Edwin Thompson
exclusively, and shall not be transferable or run with the land. (P)
2.
In addition to the applicant, a maximum of four (4) employees shall
be engaged in this operation. Equipment storage shall be limited to
the park:ing of one (1) service truck:, one (1) chipper truck:, one (1)
chipper, two (2) trailers, two (2) stump grinders, one (1) log splitter
and one (1) small tractor on a trailer. All outside storage shall be
located a minimum of ninety (90) feet from the ultimate right of way
of Courthouse Road. There shall be no storage of wood debris or
material on the property other than that located on the equipment.
(P)
3.
Other than park:ing of the equipment and a home business office,
there shall be no other business activity conducted on the property, to
include any log splitting. (P)
4.
Other than normal maintenance, there shall be no additions or
alterations to the existing structures to accommodate this use. There
shall be no additional buildings constructed to accommodate this use.
Further, the area used for the storage of equipment shall not be
expanded. (See sk:etch attached to Request Analysis) (P)
5.
There shall be no signs permitted to identify this use. (P)
GENERAL INFORMATION
East line of Courthouse Road, south of Seacliff Lane and better lmown as 2501 Courthouse
Road. Tax ID 747-691-4208.
Existing Zoning:
A with Special Exception
Size:
1.4 acres
Existing Land Use:
Residential
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07SN029 5-JUN27 - BOS
Adiacent Zoning and Land Use:
North, South and West - A; Residential
East - R-9; Residential
UTILITIES
Public Water System:
There is an eight (8) inch water line extending along the eastern side of Courthouse Road,
adjacent to this site. The existing structure is connected to the public water system. Use of
public water is required by County Code for any future structure built on-site.
Public Wastewater System:
There is an eight (8) inch wastewater collector line serving the Falling Creek: section of
Chestnut Hills Subdivision that terminates approximately 209 feet southeast of this site. The
existing structure is served by a private septic system. County Code requires use of the
public wastewater system when a public wastewater line is less than 200 feet away from a
property line and a building permit application has been made for a new structure. Use of
the public wastewater system will not be required by County Code.
Health Department:
Continued use of a private septic system must be approved by the Health Department.
ENVIRONMENTAL: FIRE & TRANSPORTATION
This request will have minimal impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests the property is
appropriate for medium density residential use of 1.51 to 4.0 units per acre.
The area encompassing the request property is currently under review for amendment.
The amendment, the Northern Courthouse Road Plan, as recommended by Staff, suggests
that the area is appropriate for office/residential mixed use.
Area Development Trends:
The area is currently characterized by single-family residential use. The proposed Plan
amendment anticipates that those properties fronting Courthouse Road will be used for a
mix of office and residential land uses.
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07SN029 5-JUN27 - BOS
Zoning History:
In April 1999, the Board of Zoning Appeals approved a Special Exception (Case
99SN0242) to allow the operation of a tree service business from the applicant's home.
Subsequently, in 2003, the Board of Zoning Appeals renewed the Special Exception
(Case 03SN0227) for an additional four (4) years subject to the attached conditions.
Current Proposal:
Since the approval of the Special Exception, the Ordinance has been amended to require
a Conditional Use to operate a business from the home. The applicant wishes to continue
the operation of the business that was approved by the prior Special Exception. The
recommended conditions are similar to those imposed previously with the exception that the
prior approval allows log splitting on the property. Staff is recommending that this portion
of the business activity not be permitted due to noise and the resulting stock:piling of wood
on the property.
CONCLUSION
If this were a new request, staff would not support a use of this intensity in an area characterized
by residential development. Further, the Comprehensive Plan, both existing and proposed, does
not suggest that this use is appropriate. However, given that the use has been allowed previously
by Special Exception, if after consideration of public input indicating that the use has not
infringed upon the property rights of the surrounding owners, approval would be appropriate
with the imposition of the stated conditions.
CASE HISTORY
Planning Commission Meeting (5/15/07):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gulley, seconded by Mr. Bass, the commission recommended approval
subject to the conditions on page 2.
AYES: Messrs. Geck:er, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, June 27, 2007, beginning at 6:30 p.m., will tak:e under
consideration this request.
4
07SN029 5-JUN27 - BOS
CONDITIONS - Case 03AR0227
1. Special Exception shall be granted to and for Edwin Thompson, exclusively.
Upon transfer of the land, this Special Exception shall expire.
2. Special Exception shall be granted for a period not to exceed four (4) years from
date of approval.
3. Special Exception shall be limited to the tree service business, exclusively, and
four (4) employees, other than the applicant, shall be engaged in this operation.
Equipment storage shall be limited to park:ing one (1) service truck:, one (1)
chipper truck:, one (1) chipper, two (2) trailers, two (2) stump grinders, one (1) log
splitter, and one (1) small tractor on a trailer.
4. No equipment associated with this business shall be permitted within ninety (90)
feet of the ultimate right of way of Courthouse Road.
5. Hours of operation shall be restricted to between 6:00 a. m. and 8:30 p. m. with no
outside activity (log splitting) after 6:00 p. m., Monday through Saturday. No
after hours or Sunday operation shall be permitted, except for emergency
situations relative to storms or other acts of God. (BZA)
6. No deliveries shall be permitted before 8:00 a. m. and after 6:00 p. m.
7. No new buildings shall be constructed related to this business. No additions or
alterations related to this operation shall be permitted to the exterior of the
dwelling or accessory buildings. This does not preclude any routine maintenance
or cosmetic alteration.
8. No group assembly connected with this operation shall be permitted except for the
four (4) employees pick:ing up and returning equipment.
9. All work: and operations associated with this business, including storage of
materials and equipment, shall be accomplished in the existing dwelling and out
buildings.
10. Not more than 1/4 of one (1) floor of the dwelling shall be used for
administration.
11. No sign relative to this use shall be permitted.
12. The existing mature vegetation shall be preserved and maintained in the rear yard
between the fence and property line, unless removal is approved by the Planning
Department. This condition shall not be applicable to the removal of dead or
diseased trees. (BZA)
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07SN029 5-JUN27 - BOS
13. The gravel park:ing area shall be pulled back: so as not to be located any closer to
the front property line than the dwelling. The landscape plan that has been
submitted and approved by the Planning Department shall be implemented by
July 3, 2003, and also subject to the landscape plan that has been approved by the
County modified to require the Leyland Cypress to be a minimum of three (3) feet
tall. (BZA)
6
07SN029 5-JUN27 - BOS
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