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PUBLIC
HEARING AGENDA REQUEST Owner/Applicant:
Board of Supervisors Meeting Date: George
F. Downes, Sr.
Staff
Lead:
Department: Robert C. Counts Community Development Magisterial
District: Scott
PIN(s): Service
District: New 7906-22-2059-000 Topic: SE03-S-31: A Special Exception to Allow a 25% Expansion of a Non-Conforming Use in Order to Construct Additional Enclosure of an Existing Truck Repair Facility, George F. Downes, Sr., Applicant. Topic Description: The
New Baltimore Garage has been in existence at its present location since
mid-1950. The garage operates weekdays from The garage provides truck parts, repair and maintenance services. Much of the work conducted on the site occurs within the approximately 14,500 square feet of shop space. Some of the work, however, must now be conducted in outside areas. The Applicant is seeking to maintain the current volume of business, but enclose that portion of the business that is now being conducted outside. In order to accomplish this, the Applicant has requested a Special Exception to allow the demolition of an existing structure and the construction of a new 3,600 square foot building. Because of the property’s Village zoning, the existing use is non-conforming; however, the Zoning Ordinance provides for up to 25% enlargement of certain non-conforming uses. The applicant is requesting the full enlargement potential. Land
Area, Location and Zoning:
The
property location (shown on the following map) is near the western edge of
the
Neighboring
Zoning/Land Use: The
subject property is surrounded by properties in the Village zoning
district. Other highway related commercial uses front Action
Requested of the Board of Supervisors: The Board of Supervisors is requested to conduct a public hearing on SE03-S-31 and consider the recommended resolution of approval. Staff
Analysis: Staff
and appropriate referral agencies have reviewed this request for
conformance with the Comprehensive Plan, the Zoning Ordinance, and other
relevant policies and regulations. Staff and referral agency findings,
comments, and recommendations are summarized below. Requirements
of the Zoning Ordinance
Section 10-102
of the Zoning Ordinance provides that certain nonconforming uses may be
continued and, upon obtaining a Special Exception from the Board of
Supervisors, enlarged. Included in this provision are nonconforming uses
that have been in existence since Such uses may
be enlarged to “ . . . a
total aggregate extent not to exceed twenty-five (25) percent of the gross
floor area of the building in which such nonconforming use is conducted. Additional Zoning-Related CommentsThe
Zoning Office has provided the following comments and observations on the
proposed rezoning: ·
An
approved Minor Site Plan is required prior to the issuance of building
and/or zoning permits. ·
The
Site Plan shall be in general conformance with the approved Special
Exception Plat.
The Zoning Office has identified no current zoning violations on the property.
Soils/EnvironmentalThe County Soil Scientist has indicated the presence of soil types that tend to be highly erosive in nature due to high mica content. Accordingly, the Soil Scientist has cautioned the Applicant to pay careful attention to soil related issues in the preparation of the site plan, including the following specific points:
TransportationVDOT conducted a field review of the existing use.
While the entrance to the property is actually from a property (under the
same ownership) immediately adjacent to the subject property, the width of
the entrance appears to meet VDOT’s current requirements. VDOT is
not aware of any complaints that have been received regarding the current
entrance or traffic associated with the existing use. Given that the
Applicant has indicated there will not be any increased road usage due to
the improvements, VDOT has expressed no objection to the existing entrance
being utilized. If, however, the improvements result in an increase
of traffic, VDOT may require that the entrance be improved to meet current
standards for commercial activity. Summary
and Recommendation: The existing use of this site is in non-conformance with the Village zoning, but has been in place since 1955. As such, by provisions of the Zoning Ordinance, it qualifies for continuation and expansion up to 25% of the gross area employed for the non-conforming use. The Applicant has stipulated that the request to enlarge the non-conforming use is based on enclosing space already in use rather than adding to the volume of work performed on the site. Review by staff and referral agencies has not identified any issues associated with the existing operation that might preclude its enlargement. There is no recent history of complaints against the facility. These reviews have, however, presented several cautions about site limitations, including concerns about the adequacy of well and septic, special development requirements associated with particularly erosive soils, and the potential need to upgrade site access, if work volume is expanded significantly. Based on the Applicant’s long history of successful operation on this site, but tempered by the identified concerns, the Planning Commission has forwarded this application to the Board of Supervisors with a recommendation of approval, subject to the following conditions: ·
An
approved Minor Site Plan is required prior to the issuance of building
and/or zoning permits. ·
The
site plan must be in general conformance with the approved Special
Exception Plat.
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