STAFF S REQUEST ANALYSIS AND RECOMMENDATION 13SN0532. Costella H. Hall. Bermuda Magisterial District and Elokomin Avenue

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1 SE NGER: Robert lay July 16, 2013 P ugust 28, 2013 BS BS Time Remaining: 365 days STFF S REQUEST NLYSIS ND REOENDTION 13SN0532 ostella H. Hall Bermuda agisterial District and Elokomin venue REQUEST: onditional use approval to permit a business (motor vehicle repair) incidental to a dwelling unit in a Residential () District. PROPOSED LND USE: motor vehicle repair facility incidental to a dwelling is currently being operated on the site with conditional use approval. ontinued operation of this business is proposed. PLNNING OISSION REOENDTION REOEND PPROL ND EPTNE OF THE PROFFERED ONDITIONS ON PGES 1 ND 2. STFF REOENDTION motor vehicle repair business incidental to a dwelling was originally permitted on the property by Special Exception in fter consideration of public input, should the ommission and Board wish to approve this request, acceptance of the proffered conditions would be appropriate. (NOTE: ONDITIONS Y BE IPOSED OR THE PROPERTY OWNER(S) Y PROFFER ONDITIONS. ONDITION(S) NOTED STFF/P WERE GREED UPON BY BOTH STFF ND THE OISSION.) PROFFERED ONDITIONS (STFF/P) 1. This conditional use approval shall be granted to and for ostella H. Hall, exclusively, and shall not be transferable nor run with the land. (P) Providing a FIRST HOIE community through excellence in public service

2 (STFF/P) 2. This conditional use approval shall be granted for a period not to exceed three (3) years from the date of approval. (P) (STFF/P) 3. Other than the applicant, only two (2) employees shall be allowed in conjunction with this use. (P) (STFF/P) 4. Hours the use may be open to the public shall be restricted to between 8:00 a.m. and 5:00 p.m., onday through Friday, and between 9:00 a.m. and 12:00 p.m. on Saturday. The use shall not be open to the public on Sunday. (P) (STFF/P) 5. One (1) sign shall be permitted to identify this use. Such sign shall not exceed one (1) square foot in area and shall not be illuminated. (P) (STFF/P) 6. There shall be no outside storage of junk vehicles, automobile parts, or other miscellaneous debris associated with this use. No more than three (3) vehicles awaiting repair shall be stored outside overnight at any one time. (P) (STFF/P) 7. This use shall be conducted within an enclosed structure. (P) (STFF/P) 8. Except for alterations to meet mericans with Disabilities ct (D) or other building code requirements, there shall be no additions or alterations to the structure to accommodate this use. (P & BI) (STFF/P) 9. Used motor oil and/or other automobile fluids shall be disposed of at a facility authorized by the state to receive such products. (P) Location: GENERL INFORTION The request property is located on the east line of Elokomin venue, north of Wonderview Drive and is better known as and Elokomin venue. Tax IDs and Existing Zoning: Size: 0.5 acre 2 13SN0532-UG28-BOS-RPT

3 Existing Land Use: Single-family residential with incidental commercial use djacent Zoning and Land Use: North and West ; ommercial South and East ; Single-family residential or vacant Public Water System: UTILITIES The site is located within the Bellwood water pressure zone. There is a six (6) inch water line extending along Elokomin venue approximately 290 feet from the site. The site is not connected to the public water system. This request will not impact the public water system. Public Wastewater System: The site is located in the Proctors reek sewer service area. There is an existing eight (8) inch wastewater line extending along the western side of Elokomin venue. The site is currently connected to the public wastewater system. This request will not impact the public wastewater system. ENIRONENTL This request will have no impact on these facilities. Fire Service: PUBLI FILITIES The entralia Fire Station, ompany Number 17, and Bensley-Bermuda olunteer Rescue Squad currently provide fire protection and emergency medical service (ES). This request will have a minimal impact on Fire and ES. ounty Department of Transportation: This request will have no impact on these facilities. irginia Department of Transportation (DOT): This request will have no impact on these facilities. 3 13SN0532-UG28-BOS-RPT

4 LND USE omprehensive Plan: Lies within the boundaries of the Jefferson Davis orridor Plan which suggests the property is appropriate for regional mixed use. ommercial, office and light industrial development which serves a regional market, including large scale developments, corporate offices and supporting retail uses are the type uses recommended for a regional mixed use area. The Plan suggests such developments should consist of an aggregation of properties. rea Development Trends: The area is characterized by commercial zoning and land uses to the north and west. Singlefamily residential zoning and residential uses and vacant lots in the Halfway House Heights Subdivision are located on property to the south and east. It should be noted a commercial and residential development (olony rossing), representing a reinvestment in the area, is under construction across from this area, on the west line of Jefferson Davis Highway. It is anticipated a regional mixed use project, consisting of an aggregation of parcels, will develop in this area, as suggested by the Plan. Zoning History: On February 3, 1988 the Board of Zoning ppeals, granted a Special Exception to Earnest lifton Hall, III to permit the operation of an automotive repair shop on the request property (ase 88007). With the approval of ase 88007, conditions were imposed, including a 1-year time limit, in an effort to minimize any adverse impact the use might have on area residential development. On pril 5, 1989 the Board of Zoning ppeals, granted a Special Exception to Daniel F. Hall to permit the operation of an automotive repair shop for one (1) year on the request property, subject to the conditions. (ase 89N0188) On July 11, 1990 the Board of Zoning ppeals, granted a Special Exception to ostella H. Hall to permit the operation of an automotive repair shop for three (3) years on the request property, subject to conditions. (ase 90N0221) On July 7, 1993 the Board of Zoning ppeals, granted a renewal of Special Exception 90N0221 to ostella H. Hall to permit the operation of an automotive repair shop from the home for seven (7) years on the request property, subject to conditions (ase 93R0222). This Special Exception expired in July of 2000, yet the operation has continued. On February 24, 2010 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, granted a conditional use approval to permit the operation of an automotive repair shop from the home for three (3) years on the request property, 4 13SN0532-UG28-BOS-RPT

5 subject to conditions (ase 10SN0133). This conditional use approval expired on February 24, Uses: Site Design: Signage: The property is occupied by a single-family residence and a one-bay garage. utomobile repair services are to continue to take place in the garage. The applicant has offered conditions in an effort to minimize any negative impact this use might have on area residential development. These conditions limit the use to the applicant and provide an approval time period of no more than three (3) years (Proffered onditions 1 and 2); limit the number of employees involved in the motor vehicle repair operation to two (2) (Proffered ondition 3); restrict the hours the use may be open to the public (Proffered ondition 4); and addresses the disposal of automobile fluids (Proffered ondition 9). It should be noted that these hours of operation would not limit the actual repair work on motor vehicles; only when customers are permitted on the property. In an effort to maintain the residential character of the property, the applicant has offered several conditions which would address the appearance of the use. Specifically, limitations are offered on outside storage of vehicles; location of repair services; and additions or alterations of the buildings to accommodate the use (Proffered onditions 6, 7 and 8). It should be noted staff has received no complaints relative to this use. The ordinance permits a sign, not to exceed one (1) square foot in area, for the purpose of displaying the name of a home occupation or a business incidental to a residential use provided the sign is not illuminated. (Proffered ondition 5) ONLUSION Typically, staff would not support this use because it is not representative of existing and anticipated area development and reinvestment. However, given that the use was approved through prior action, approval may be appropriate for a limited period of time. If, after consideration of public input, the Board determines that continuation of the use will not adversely impact the area, approval and acceptance of the proffered conditions would be appropriate. 5 13SN0532-UG28-BOS-RPT

6 SE HISTORY Planning ommission eeting (7/16/13): The applicant accepted the recommendation. There was opposition present expressing concerns relative to traffic and the potential impact of the use on an unimproved road to the rear of the subject property. The applicant clarified that access would continue to be from Elokomin and not from the unimproved road referred to by the opposition. On motion of r. Patton, seconded by r. Gulley, the ommission recommended approval and acceptance of the proffered conditions on pages 1 and 2. YES: essrs. Brown, Wallin, Gulley, Patton and Waller. The Board of Supervisors, on Wednesday, ugust 28, 2013 beginning at 6:30 p.m., will take under consideration this request. 6 13SN0532-UG28-BOS-RPT

7 QUILOKS E EGEE DR ROSLIE QUIL OKS S REYET RD WOODFIN DR FRIEND E JES FRIEND PROP I-1 GENERL BLD REYET T RHELS WY I-3 S BRIGHTWOOD E ELD RD JEFFERSON DIS HWY ELOKOIN E WONDERIEW DR N I-95 I-1 BRNDYWINE E ENTRL PRK S TREDWOOD ST HLFWY HOUSE HEIGHTS RON E 13SN0532 S.U / Feet I-1 PINEHURST ST BELLEDE ELOKOIN E SEINOLE E erial photos taken in 2009 BUEN