ADDENDUM 09SN0173. Cheryl Parrish. Midlothian Magisterial District Robious Road

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1 pril 21, 2009 P UM heryl Parrish Midlothian Magisterial istrict obious oad QU: onditional use to permit a business (beauty shop) incidental to a dwelling unit. PP U: In addition to continuing the single-family residential use, the applicant proposes a beauty shop incidental to the dwelling. n pril 7, 2009, to address concerns expressed by staff, an amendment to Proffered ondition 1 and an additional proffered condition, Proffered ondition 5, was submitted. pecifically, Proffered ondition 1 has been amended to limit additions or alterations to the dwelling and to allow permissible signage to be mounted to the dwelling. he applicant previously had not agreed to restrict changes to any residential structure, thereby allowing uncontrolled additions for the sole purpose of accommodating the commercial use. In addition, the applicant had not agreed to limit the hours the use could be open to the public. Proffered ondition 5 has been offered to address this concern. taff continues to recommend denial of this request for the reasons outlined in the equest nalysis. PFF II 1. he business shall be located within the dwelling unit. xcept for a sign affixed to the dwelling structure or alterations to meet mericans with isabilities ct () or other building code requirements, there shall be no additions or alterations to the structure to accommodate this use. (P) 5. his use shall not be open to the public before 8:00 a.m. and after 7:00 p.m. Monday through aturday. he use shall not be open to the public on unday. (P) Providing a FI HI community through excellence in public service P21-P-

2 pril 21, 2009 P FF QU YI MMI heryl Parrish Midlothian Magisterial istrict obious oad QU: onditional use to permit a business (beauty shop) incidental to a dwelling unit. PP U: In addition to continuing the single-family residential use, the applicant proposes a beauty shop incidental to the dwelling. ecommend denial for the following reasons: MMI. he proposed zoning and land use do not conform to orthern rea Plan which suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units/acre. B. he proposed zoning and land uses are not representative of or compatible with existing and anticipated area development. (: II MY B IMP H PPY W() MY PFF II.) PFF II 1. he business shall be located within a residential structure. (P) 2. here shall be a maximum of three (3) employees working on the premises at any given time. (P) 3. here shall be no free standing sign permitted to identify this use. (P) Providing a FI HI community through excellence in public service

3 ocation: 4. his onditional Use shall be granted to and for heryl Parrish and any legal entity of which she maintains a 100% ownership interest and shall not be transferrable or run with the land. (P) IFMI ast line of obious oad, south of Knollwood rive, and better known as obious oad. ax Is and xisting Zoning: ize: acres xisting and Use: ingle-family residential djacent Zoning and and Use: orth, outh and ast -7; ingle-family esidential West ; acant Public Water ystem: UIII he request site is within the obious ank Water Pressure Zone. here is a sixteen (16) inch water line extending along the south side of obious oad opposite this site. he existing dwelling is connected to the public water system. Use of the public water system is required by ounty ode for any future structure built on this site. Public Wastewater ystem: he request site is within the Powhite ewer ervice rea. here is an eight (8) inch wastewater collector line extending within an easement from yecove ane to the northern boundary of this site. he existing dwelling is connected to the public wastewater system. Use of the public wastewater system is required by ounty ode for any future structure built on this site P21-P-P

4 IM his requested amendment will have no impact on these facilities. Fire ervice: PUBI FIII he Bon ir Fire tation 4 currently provides fire protection and Forest iew olunteer escue quad tation 2 provides emergency medical service (M). his request will have a minimal impact on Fire and M. ransportation: he property is located on the north side of obious oad between Midlothian urnpike (oute 60) and arly ettlers oad. his section of obious oad had a 2006 traffic count of 19,327 vehicles per day and, based on the volume of traffic it carried during peak hours, was functioning at an acceptable level of service,. obious oad adjacent to the property is a four (4) lane, divided facility with sidewalks along both sides of the roadway. his request will have a minimal impact on the transportation network. s hapter 527 regulations, dealing with development raffic Impact nalysis (I) requirements, have recently been enacted. t this time, it is uncertain what impact s regulations will have on the development process or upon zonings approved by the county. he applicant has indicated that a hapter 527 I is not required for this rezoning request. s ccess Management egulations were enacted on July 1, 2008 and apply to roads that are classified by as principal arterials. n ctober 1, 2009, these regulations will apply to minor arterials, such as obious oad. t this time, it is unclear what impact these regulations will have on development of the property. omprehensive Plan: U ies within the boundaries of the orthern rea Plan which suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units/acre. rea evelopment rends: he area is characterized by esidential (-7) zoning and single-family residential uses in Bon ir errace subdivision to the north, south and east and vacant gricultural () property to the west. ingle-family residential development is expected to continue in this area as suggested by the Plan P21-P-P

5 evelopment tandards: he applicant has offered proffered conditions in an effort to maintain the residential character of the area. pecifically, the applicant has agreed the proposed use will be located within a residential structure and that there would be no freestanding sign permitted (Proffered onditions 1 and 3). he applicant has not agreed to preclude additions and exterior alterations to any structures on the property for this use, thereby limiting the business to the existing dwelling and accessory structures. Without a restriction on improvements or additions to accommodate this use the applicant could expand the use beyond the existing structures and possibly adversely impact the residential character of the area. It should be noted, while the applicant has agreed to prohibit freestanding signage, the rdinance would allow up to one (1) square foot of building mounted signage for this use. he applicant has also agreed to limit the number of employees allowed on the property at any one time to three (3) (Proffered ondition 2). It should be noted due to the nature of the use and the number of employees, if this request is approved it may be necessary for the applicant to provide additional off-street parking to accommodate this use. he use has been further restricted to the applicant or an entity owned by the applicant (Proffered ondition 4). his would preclude the transfer of the use to someone other than the applicant. here is no agreement to limit hours the use may be open to the public. herefore, the use could be open at any time. UI he proposed zoning and land use do not conform to the orthern rea Plan which suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units/acre. In addition, the proposal is not representative of or compatible with existing and anticipated area development. iven these considerations, denial of this request is recommended P21-P-P

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