98SN0191.PDFMay 27, 1998 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
98SN0191
Jeffery H. Anderson
Matoaca Magisterial District
21101 Chesterfield Avenue
REOUEST: Rezoning from Neighborhood Business (C-2) to Residential (R-12).
PROPOSED LAND USE:
The request property, which was originally developed for a single family residence, has
been zoned and converted for commercial use for a number of years. The applicant wishes
to rezone the property in order to occupy the structure once again as a single family
residence.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
The proposed zoning and land use does not conform to the Ettrick Village Plan,
which suggests the request property and other properties along Chesterfield
Avenue, in the Village of Ettrick, are appropriate for neighborhood commercial
use.
Bo
Rezoning the request property to a residential classification could have an adverse
impact on existing commercially zoned properties lying adjacent to this property.
Specifically, the Zoning Ordinance requires a buffer and additional setback where
commercially zoned property lies adjacent to residentially zoned property. At
presem, there is no such buffer and additional setback requirements between the
request property and adjacent, commercially zoned properties to the north and
south. Approval of this request would require a buffer and additional setback for
any furore conunercial development that occurs on these adjacent properties,
thereby adversely impacting the potential for further commercial development
along this portion of Chesterfield Avenue.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNERS MAY PROFFER OTHER CONDITIONS.)
GENERAL INFORMATION
East line of Chesterfield Avenue, across from Hopkins Street and better known as 21101
Chesterfield Avenue. GPIN 795-611-9466 (Sheets 53 and 54)
Existing, Zoning:
C-2
0.25 acre
Existing Land Use:
Commercial
Adiacent Zoning & Land Use:
North - C-2; Single family residential
South - C-3; Commercial
East - R-7; Single family residential
West - C-2; Public/semi-public (£rre station)
Public Water System:
There is an existing twelve (12) inch water line extending along the southwest side of
Chesterfield Avenue, adjacent to the request site. Use of the public water system is
required by County Code.
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98SN0191/MAY27P
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along Chesterfield
Avenue, adjacent to the request site. Use of the public wastewater system is required by
County Code.
ENVIRONMENTAL
Drainage and Erosion:
There are no existing or anticipated on- or off-site drainage or erosion problems based
upon the proposed land use.
Building Inspections:
Conversion of the structure from commercial to residential use will require a building
permit for change of use.
PUBLIC FACILITIES
Fire Service:
This property is currently served by the Ettrick Fire/Rescue Station, Company Number 12,
and Ettfick-Matoaca Rescue Squad. The proposed use is not anticipated to generate an
increase in the number of emergency calls for fn:e and rescue services.
Transportation:
This proposed use will have a minimal impact on the existing transportation network.
Financial Irnpact on Capital Facilities:
Existing C-2 zoning allows a residence for the owner/operator of a business located on the
property. Rezoning the property to R-12 will generate no net change in the allowable
number of residential units; therefore, approval of this request will not generate additional
impacts on capital facilities.
3 98SN0191/MAY27P
Comprehensive Plan:
Lies within the boundaries of the Etufck Village Plan which suggests the request property
and other properties along Chesterfield Avenue are appropriate for neighborhood
commercial use.
Area Development Trends:
Development along Chesterfield Avenue is characterized by a mix of residential and
commercial land uses. The adopted Plan anticipates conversion of existing single family
residences for commercial use to continue along Chesterfield Avenue. It should be noted
that the Plan was adopted in 1991 and there has been very limited conversion of residences
for commercial use or new commercial development along Chesterfield Avenue since
adoption of the Plan.
As noted herein, the request property was originally developed for a single family
residence and subsequently zoned and converted for commercial use. Commercial uses
have occupied the property for a number of years.
Rezonmg the request property to R-12 would allow occupancy of the existing structure as
a single-family residence. However, it should be noted that rezoning the request site to
R-12 would also result in the property becoming non-conforming relative to minimum lot
area and may result in existing improvements becoming non-conforming relative to
setbacks. This non-conformity could adversely impact the property owner's ability to
rebuild should the existing residence be substantially damaged or destroyed, unless
Variances were sought and grante_d by the Board of Zoning Appeals. Further, any
additions to the residence or new accessory structures developed on the property must
conform to R-12 setbacks, unless Variances are obtained from the Board of Zoning
Appeals.
CONCLUSIONS
The proposed residential zoning and land use does not conform to the Ettrick Village Plan, which
suggests the request property and other properties along Chesterfield Avenue, are appropriate for
neighborhood commercial use. Rezoning the request property to a residential classification could
have an adverse impact on existing commercially zoned properties, lying adjacent to this property.
Specifically, the Zoning Ordinance requires a buffer and additional setback where commercially
zoned property lies adjacent to residentially zoned property. At present, there is no such buffer
or additional requirements between the request property and adjacent, commercially zoned
properties to the north and south. Approval of this request would require this buffer for any future
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98SN0191/MAY27P
commercial development that occurs on these adjacent properties, thereby adversely impacting the
potential for further commercial development along this portion of Chesterfield Avenue.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (4/21/98):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
Mr. Marsh indicated that commercial development, as anticipated in the ~
Plan has not occurred and without some initiative was unlikely to occur in the future.
Therefore, he indicated that the proposed use should be approved.
On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended
approval of this request.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, May 27, 1998, beginning at 7:00 p.m., will take under
consideration this request.
5 98SN0191/MAY27P
_ ~P^RK
NOI91 ~
[Z: C-2_ TO R-12,
SH. 53/54
Mrs. Humphrey stated that the public hearing on the lease
agreement and zoning request 98SN0191 was scheduled to be
heard this evening. She further stated that there are many
issues relating to the lease at this time.
Mr. Ramsey clarified that the motion would be to suspend the
rules to consider one additional item this evening, zoning
request 98SN0191, and then the Board would recess to 8:00
p.m. that evening, May 28, 1998, when the public hearing on
the lease agreement would be held.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the
Board suspended its rules at this time to consider an Item
out of order and to consider it after 11:00 p.m.
Ayes:
Nays:
Humphrey, Warren, Barber, Daniel, and McHale.
None.
98SN0191
5/27/98 98-410
In Matoaca Magisterial District, JEFFREY H. ANDERSON
requested rezoning and amendment of zoning district map from
Neighborhood Business (C-2) to Residential (R-12) .
Conversion of a commercial building into a single family
residence is planned. Residential use of up to 3.63 units
per acre is permitted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
neighborhood commercial use. This request lies on 0.25 acre
known as 21101 Chesterfield Avenue. GPIN 795-611-9466
(Sheets 53 and 54 ) .
Mr. Jacobson presented a summary of Case 98SN0191 and stated
that the Planning Commission recommends approval. He
further stated that staff recommends denial because the
proposed zoning and land use do not conform to the Ettrick
Village Plan and because the request could have an adverse
impact on existing commercially zoned properties lying
adjacent to this property.
Mr. Jeffrey Anderson stated that the recommendation of the
Planning Commission is acceptable.
There was no opposition present.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the
Board approved Case 98SN0191.
Ayes:
Nays:
Humphrey, Warren, Barber, Daniel, and McHale.
None.
5/27/98 98-411