STAFF S REQUEST ANALYSIS AND RECOMMENDATION 11SN0208. Gerald V. Notare. Clover Hill Magisterial District North line of West Providence Road

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Julius Harris
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1 E MNGE: Jane Peterson June 21, 2011 P July 19, 2011 P ugust 24, 2011 B B Time emaining: 365 ays FF EQUE NLYI N EOMMTION 11N0208 Gerald. Notare lover Hill Magisterial istrict North line of est Providence oad EQUE: onditional use approval to permit a business (paving contractor) incidental to a dwelling in an gricultural () istrict. POPOE LN UE: n asphalt contractor s office and storage yard is currently being operated on the site without the requisite conditional use. onditional use approval is requested to bring the use into compliance with the Ordinance. PLNNING OMMIION EOMMTION EOMM PPOL N EPTNE OF THE POFFEE ONITION ON PGE 2 N 3. ecommend denial for the following reasons: FF EOMMTION. The proposed land use does not conform to the Northern rea Plan, which suggests the property is appropriate for residential use of 1.51 to 4.0 units/acre. B. The proposed land use is not representative of, nor compatible with, existing and anticipated area residential development. (NOTE: ONITION MY BE IMPOE O THE POPETY ONE() MY POFFE ONITION. ONITION NOTE ITH P E ONITION EOMME BY THE PLNNING OMMIION.) Providing a FI HOIE community through excellence in public service

2 POFFEE ONITION (P) 1. This onditional Use shall be granted to and for Gerald. Notare exclusively, and shall not be transferable nor run with the land. (P) (P) 2. This onditional Use shall be for the operation of a paving contractor s office and storage. (P) (P) 3. This onditional Use shall be granted for a period not to exceed one (1) year from the date of approval. (P) (P) 4. maximum of one (1) employee/partner shall be permitted on the property at any time. (P) (P) 5. ehicles and equipment shall be limited as follows: a. one (1) tandem truck b. one (1) trailer not longer than 25 feet c. one (1) Paver Gehl 1648 Model d. one (1) oller tone Model 4199 e. one (1) kid teer 257 B aterpillar f. one (1) pickup truck (P) (P) 6. ith the exception of one (1) pickup truck, all vehicles and equipment storage associated with this business shall be located in rear of property, behind the house, and no closer than (15) feet to any adjacent property. Other than the vehicles and equipment identified in Proffered ondition 5, there shall be no additional outside storage associated with this use. (P) (P) 7. No additions or exterior alterations to existing building(s) nor any new building construction shall be permitted to accommodate this use. (P) 8. No clients shall be permitted on the property. (P) 9. There shall be no signs identifying this use. (P) 10. Use of Tax I shall be for driveway access only. (P) (P) 11. The discharge of stormwater runoff on to the adjacent property to the west from the portions of the Notare property which have been converted to an all weather surface will be alleviated through a professionally engineered 2 11N0208-UG24-BO-PT

3 solution in a way and on an alignment which minimizes the impact on the screening effect provided by the existing onsite vegetation. Implementation shall be completed to the satisfaction of the ounty within 90 days of conditional use approval. (EE) GEL INFOMTION Location: The request property is located along the north line of est Providence oad, west of temwell Boulevard. Tax Is and Existing Zoning: ize: 3.7 acres Existing Land Use: esidential djacent Zoning and Land Use: North, East and est ; ingle-family residential outh -15 and ; ingle-family residential Public ater and astewater ystems: UTILITIE The site is currently connected to the public water and public wastewater systems. This request will not impact the public utilities system. rainage and Erosion: IONMTL taff has recognized that the placement of stone and asphalt on the subject property has impeded the ability to absorb runoff. This has created sheet flows onto an adjacent western property. Proffered ondition 11 requires that the applicant develop and implement a plan to alleviate this sheet flow, as found acceptable to the epartment of Environmental Engineering. 3 11N0208-UG24-BO-PT

4 PUBLI FILITIE Fire ervice: The agstaff Fire tation, ompany Number 10, and Manchester olunteer escue quad currently provide fire protection and emergency medical service (EM). This request will have a minimal impact on Fire and EM. ounty epartment of Transportation: This request will have a minimal impact on the transportation network. The Thoroughfare Plan identifies est Providence oad as a major arterial with a recommended right-ofway width of ninety (90) feet. The applicant is unwilling to dedicate forty-five (45) feet of right-of-way, measured from the centerline of est Providence oad, in accordance with that Plan. irginia epartment of Transportation (OT): OT has no comment on this request. omprehensive Plan: LN UE The subject property is located within the boundaries of the Northern rea Plan, which suggests the property is appropriate for residential use of 1.51 to 4.0 units/acre. rea evelopment Trends: Uses: Properties north of est Providence oad and within the immediate area of the request property are zoned gricultural () and are occupied by single-family homes on larger acreage parcels. Properties south of est Providence oad are zoned esidential (-15) and are developed as part of the Bexley est ubdivision, or are zoned gricultural () with single-family dwellings located on acreage parcels. It is anticipated that residential development/redevelopment will continue in the surrounding area at densities suggested by the Plan. ithin the gricultural () istrict, the Ordinance permits the operation of a home occupation subject to certain restrictions. The applicant s operation deviates from these restrictions in three (3) areas, necessitating conditional use approval. These areas include employment of a family member that does not live on the premises; parking of a trailer that exceeds thirteen (13) feet in length; and outside equipment storage not located on a vehicle or trailer. 4 11N0208-UG24-BO-PT

5 ite esign: ignage: Proffered conditions would restrict the operation to a contractor s office and storage yard for the applicant only (Proffered onditions 1 and 2). The applicant has indicated that he will seek another location for this operation and, as such, has proffered a time limitation of one (1) year for this conditional use approval. (Proffered ondition 3) Generally, the applicant has indicated that the business (asphalt paving) would involve one (1) partner (the applicant s son) entering the property in the morning to pick up company vehicles/equipment. The partners dispatch to the job location(s) and return to the property in the afternoon at such time the partner retrieves his personal vehicle. Proffered conditions limit the number of company vehicles and equipment parked and stored on the property and the number of people associated with the business (one (1) partner). No clients would be permitted on the property. (Proffered onditions 4, 5 and 8) This contracting business is operated from the western parcel included in this request (Tax I est Providence oad), being the applicant s residence. Given that the driveway to this property is located on an adjacent parcel to the east (Tax I ), this adjacent parcel has been included in this request for access purposes only. (Proffered ondition 10) Proffered ondition 7 would preclude additions and exterior alterations to any structures on the property for this use, thereby limiting the business to the existing dwelling and the accessory structure. ith the exception of the permitted company vehicles and equipment storage, no outside storage would be permitted. ith the exception of one (1) pickup truck, the location of this storage is limited to behind the dwelling and a minimum distance from neighboring properties. (Proffered ondition 6) No signage would be permitted to identify this use. (Proffered ondition 9) ONLUION The proposed land use does not comply with the Plan and is not representative of existing and anticipated area development patterns. Given these considerations, denial of this request is recommended. 5 11N0208-UG24-BO-PT

6 E HIOY Planning ommission Meeting (6/21/11): On their own motion and with the applicant s consent, the ommission deferred this case to their July 19, 2011 public hearing. taff (6/22/11): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 27, 2011 for consideration at the ommission s July 19, 2011 public hearing. pplicant; rea Property Owners; taff; and lover Hill ommissioner (6/27/11): meeting was held to discuss this request. oncerns were expressed relative to the visibility of vehicle and equipment storage from est Providence oad and the three (3) year time limitation proffered for this use. It was generally agreed that the time limitation should be reduced to one (1) year. pplicant (7/6/11): Proffered ondition 3 was revised to reflect a one (1) year time limitation. pplicant (7/18/11): Proffered ondition 11 was submitted to address drainage impacts on an adjacent western property. Planning ommission Meeting (7/19/11): The applicant did not accept the recommendation. There was support present noting agreement with the one (1) year time limit. Mr. Gulley noted this was a unique situation given the gricultural () zoning permits the storage of a trailer containing equipment; that the storage of equipment removed from the trailer necessitates conditional use approval; and that the applicant s intent in 6 11N0208-UG24-BO-PT

7 maintaining stone and asphalt on the property was to minimize the tracking of debris onto area roads. On motion of Mr. Gulley, seconded by Mr. aller, the ommission recommended approval and acceptance of the proffered conditions on pages 2 and 3. YE: Messrs. Bass, Brown, Gulley, Hassen and aller. The Board of upervisors, on ednesday, ugust 24, 2011 beginning at 6:30 p.m., will take under consideration this request. 7 11N0208-UG24-BO-PT

E I / M EM EG M F L EY BE X T Tax I 752-695-411 (ef. P.. 10) Z E BEXY I EL -9 Z Y.U.

8 HI I F G N E LH L L B L E LL T Z N EL OT LIT T -15 EIG TE E N E OI P erial photos taken in 2009 I BEXY E E MELL BL TEBEY GEY OK Feet ME LO O P 600 O ING 0 P H 300 L OO PL M E LOH BEM EL L F IF 600 H IE BUTE I / M EM EG M F L EY BE X T Tax I (ef. P.. 10) Z E BEXY I EL -9 Z Y.U N0208 IFF T GL GL E LL TE OKING U EK E GN GL P I E O M E F T H GL H IF M LN Y T I BEEHOO FM Z M MGTE Q F IN E K F G EGOO T U T NO -7 NE NH G N L O GFF I HI LL OF MB E E P I H G L O K H TF H T NO H PING HILL O F I L H PO ON P O I TE HE N H NE PK -15 N LI L EL O -25 Y K HI L KE TO N T N TE GTEOO UPHU T MB -7 LB

STAFF S REQUEST ANALYSIS AND RECOMMENDATION 11SN0246. Sina08, LLC Anil Patel. Bermuda Magisterial District Northwest line of Woods Edge Road

STAFF S REQUEST ANALYSIS AND RECOMMENDATION 11SN0246. Sina08, LLC Anil Patel. Bermuda Magisterial District Northwest line of Woods Edge Road E MNGE: Jane Peterson ugust 16, 2011 P P Time emaining: 100 days TFF EQUET NYI ND EOMMENDTION 11N0246 ina08, nil Patel Bermuda Magisterial District Northwest line of oods Edge oad EQUET: mendment of zoning