CASE NUMBER: 15SN0618 (Amended) APPLICANT: Plantation Haven LLC

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1 CASE NUMBER: 15SN0618 (Amended) APPLICANT: Plantation Haven LLC STAFF S ANALYSIS AND RECOMMENDATION CHESTERFIELD COUNTY, VIRGINIA Magisterial District: BERMUDA Board of Supervisors (BOS) Public Hearing Date: APRIL 27, 2016 BOS Time Remaining: 1 DAY Applicant s Agent: R. L. DUNN ( ) Planning Department Case Manager: DARLA ORR ( ) APPLICANT S REQUEST (AMENDED) Conditional use planned development to permit exceptions to Ordinance requirements relative to expansion of manufactured home park. Specifically, the Applicant seeks approval to permit enclosed additions constructed to eight (8) manufactured homes without requisite zoning exception and building permit approvals to remain. Continued operation of a 50-unit manufactured home park (Plantation Haven) is planned. Notes: A. Conditions may be imposed or the applicant may proffer conditions. B. Conditions and exhibits are located in Attachments 1 thru 3 RECOMMENDATION PLANNING COMMISSION (3/7/2015) STAFF RECOMMEND APPROVAL RECOMMEND APPROVAL No evidence that existing additions have adversely impacted the remainder of the park or adjacent properties Approval would allow only the eight (8) existing additions, with no future additions permitted As conditioned, manufactured home park should operate and be maintained in a manner to protect the health, safety and welfare of its occupants and area properties. Providing a FIRST CHOICE community through excellence in public service

2 Department SUMMARY OF IDENTIFIED ISSUES Issue PLANNING - FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL ENGINEERING SN APR27-BOS-RPT

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4 Map 2: Comprehensive Plan Classification: COMMUNITY MIXED USE The designation suggests the property is appropriate for an integrated mixture of commercial, office higher density residential use. Map 3: Surrounding Land Uses & Development Plantation Haven Manufactured Home Park Harrowgate Rd Commercial, Church, Residential or Vacant Jefferson Davis Hwy Whitehouse Rd Commercial, Church, Residential or Vacant 4 15SN APR27-BOS-RPT

5 ZONING HISTORY PLANNING Staff Contact: Darla Orr ( ) Case Number BOS Action Request 67AN C 70AN SN0118 PROPOSAL APPROVED 11/1/1967 APPROVED 11/11/1970 APPROVED 12/2/1970 APPROVED 5/28/1986 Conditional Use to permit a manufactured home park to remain 40 X50 enclosed area with swings and sandboxes for recreation to be provided; final site layout approved by Planning Upgrades and improvements to park planned Rezone 4.9 acre tract (subject is a part) from A to C-2 to permit proposed expansion of manufactured home park with sewer to be provided Conditional Use to permit expansion of existing manufactured home park Use of public water and sewer required Site plans, landscaping and unit layout to be approved by Planning Department Conditional Use Planned Development to permit mobile homes sales and service (1.3 acre part of request property) Conditions of approval address buffers, landscaping, lighting, signs and prohibit outside public address systems A manufactured home park, known as Plantation Haven, has existed on the request property since the 1960s, with subsequent expansions. In 2014, a complaint was received relative to various zoning and building code violations within the park. During the investigation, staff determined unpermitted permanent additions had been constructed to nine (9) of the manufactured homes without the requisite zoning exception or building permit approvals. The Zoning Ordinance only permits temporary accessory structures within manufactured home parks such as self-supporting open porches or decks and accessory sheds. Permanent structures (such as enclosed livable additions) are not permitted by the Zoning Ordinance. Since the addition to the home on Lot 8 has been removed, the applicant is requesting an exception to Ordinance standards to permit eight (8) existing permanent living space additions to remain provided each addition complies with minimum building code requirements. The units with these additions are identified on Exhibit A. (Attachment 2) A significant number of other zoning and building code violations were present in the park during the Fall of 2015, most of which have been resolved by park occupants and the owner. The applicant has indicated that the two (2) outstanding violations from the 2015 citing will be resolved prior to a scheduled court hearing in July SN APR27-BOS-RPT

6 To address concerns expressed by the Bermuda Board member and staff, the following provides an overview of the conditions recommended to ensure health, safety and welfare of park residents and area citizens is maintained: Requirement Permanent Additions to Manufactured Homes Street Lights Parking Park Streets Refuse Disposal Dog Pens/Enclosures General Overview Details Only eight (8) additions identified on Exhibit A permitted Building and occupancy permits must be obtained from Building Inspections Additions must be structurally sound No other permanent-type living space permitted Additions cannot be enlarged, extended or substituted. Alternation of addition only permitted if required to comply with Building Code If compliance with Building Code cannot be obtained, addition must be removed Conditions 1 and 2 and Exhibit A Maintained to protect safety for persons, property and traffic Condition 3 Unless exception granted by Planning, 2 hard-surface parking spaces required for each manufactured home Condition 4 16 wide paved roads; unpaved portion must be paved before August 1, 2016 (coordinated with date issued by court for completion) Condition 5 and Exhibit B 1 solid waste storage area with minimum of 2 dumpsters Screened with limits on service hours Maintained by park management Condition 6 Not located between home and park streets Constructed of uniform materials typically approved for dog pens (tarps, signs, scrap building materials or similar materials not permitted) Areas for dog keeping kept free of waste on a regular basis Condition SN APR27-BOS-RPT

7 Requirement Accessory Structures (Porches/Decks and Sheds) Skirting Fences Unit Numbering Park Entrance/Identification Play Lot General Overview (Continued) Details Existing porches, decks, sheds and portable carports may remain but may not be enlarged, extended, reconstructed, replaced or structurally altered If necessary to alter, reconstruct, replace, extend or enlarge, must comply with Condition 8 which permits: o Only one maximum 150 square foot shed per lot o Only one portable carport per lot o Only one porch or deck for each unit with all other entrances only having steps in compliance with building code All porches, decks and sheds must be constructed of uniform materials typically approved for such structures and rated for exterior exposure (tarps, signs, scrap building materials or similar materials not permitted) All carports must be prefabricated metal material and portable Condition 8.A Made of materials typically used for manufactured home skirting (tarps, scrap building materials or similar materials not permitted) Each individual unit must be skirted with like material Condition 8.B Maximum 6 tall fences along periphery of park; All others maximum 4 tall Constructed of uniform materials typically approved for fence construction (tarps, signs, scrap building materials or similar materials not permitted) Condition 8.C Displayed on uniform plaques at standard location to assist with public safety Condition 8.D Existing pole sign to be repaired to include street address for park; Planning to approve design Condition 8.E Minimum 1,200 square feet fenced area as identified on Exhibit B Mulched area with swing and picnic table Screened from Jefferson Davis Highway Concrete balusters for safety from vehicles 7 15SN APR27-BOS-RPT

8 PUBLIC FACILITIES FIRE SERVICE Staff Contact: Greg Smith ( ) This request will have a minimal impact on fire and emergency medical service (EMS). Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Dutch Gap Fire Station, Company Number 14 EMS Facility The Bensley-Bermuda Volunteer Rescue Squad COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) banksj@chesterfield.gov The County Department of Transportation has no comment on this request. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker ( ) brian.lokker@vdot.virginia.gov VDOT has no comment on this request. 8 15SN APR27-BOS-RPT

9 WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland ( ) The proposal s impacts on the County s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code? Serviced? Water Yes 6 Yes Wastewater Yes 8 Yes The request will not impact the public water and wastewater systems. ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard ( ) pritchardd@chesterfield.gov Environmental Engineering has no comment on this request. 9 15SN APR27-BOS-RPT

10 CASE HISTORY Applicant Submittals 12/19/2014 Application submitted Planning Commission Meeting 3/17/2015 Citizen Comments: No one spoke to this request Commission Discussion: Mr. Patton stated approval would permit only the existing additions and the County will ensure their compliance with the building code. Recommendation APPROVAL SUBJECT TO THE CONDITION IN ATTACHMENT 1 Motion: Patton Seconded: Wallin AYES: Gulley, Waller, Brown, Patton and Wallin Board of Supervisors Meetings 4/29/2015 On their own motion, the Board deferred this case to their May 27, 2015 public hearing. 5/27/2015 On their own motion, the Board deferred this case to their August 26, 2015 public hearing. 8/26/2015 On their own motion, the Board deferred this case to their January 27, 2016 public hearing. 1/27/2016 On their own motion, the Board deferred this case to their March 9, 2016 public hearing. 3/9/2016 On their own motion, the Board deferred this case to their April 27, 2016 public hearing. The Board of Supervisors on Wednesday, April 27, 2015, beginning at 6:30 p.m., will consider this request SN APR27-BOS-RPT

11 CONDITIONS ATTACHMENT 1 Note: The unnumbered condition below identified with an asterisk was recommended by the Planning Commission. All other conditions are recommended by Staff only. Conditions 1 and 2, as recommended by Staff, would replace the Condition recommended by the Commission. *CONDITION (Recommended by the Planning Commission) With the approval of this request, the nine (9) enclosed additions identified on Exhibit A, dated March 5, 2015, shall be permitted provided such additions comply with all applicable building code standards. No other permanent-type living space shall be added to any manufactured home. The existing additions shall not be enlarged, extended or substituted. The existing additions cannot be structurally altered, unless such alteration is authorized by the County as necessary for compliance with building code requirements. (BI and P) CONDITIONS (Recommended by Staff) 1. Existing Additions: With the approval of this request, the eight (8) enclosed additions identified on Exhibit A, dated March 5, 2015, shall be permitted to remain provided such additions comply with applicable building code standards. No other permanent-type living space shall be added to any manufactured home. The existing additions shall not be enlarged, extended or substituted and shall not be structurally altered, unless such alteration is authorized by the County as necessary for compliance with building code requirements. (BI and P) 2. Building Permits: Within sixty (60) days of the approval of this request, the applicant shall obtain building permits for each of the eight (8) existing additions. The applicant shall have sixty (60) days from the issuance of each building permit to complete work determined necessary by the Building Inspections Department in order to obtain a final occupancy permit for each addition. Any addition that cannot receive a final certificate of occupancy by the Building Inspections Department shall be demolished and removed from the property within thirty (30) days of the date of the rejection notice from the Building Inspections Department. (BI and P) 3. Street Lights: Existing park street lighting shall be maintained in the interests of safety and security for persons, property and traffic. (PD) 4. Parking: Unless an exception is granted by the Planning Director to permit one (1) parking space on a manufactured home lot, two (2) parking spaces shall be provided on each manufactured home lot within the park. Such spaces shall be of a hard-surface, dustless construction. An adequate base must be provided for all spaces to ensure they are effectively 11 15SN APR27-BOS-RPT

12 useable. Where spaces have a gravel surface, the parking spaces shall have a minimum surface depth of 6 inches of No. 21 or No. 21A stone or similar material as may be approved by the Planning Director. (P) 5. Park Streets: All manufactured homes shall abut a park street of not less than sixteen (16) feet in width constructed of asphalt, bituminous concrete, concrete or other similar material approved by the Planning Department. Paving of the portion of the park streets identified on Exhibit B, dated March 10, 2016, as Road to be paved in accordance with this condition shall be completed prior to August 1, New pavement shall be installed to create a smooth transition to existing pavement. All streets shall be maintained in good condition to avoid potholes, cracked pavement and to ensure accessibility by emergency vehicles. (P) 6. Refuse Disposal: A minimum of one (1) solid waste storage area with a minimum of two (2) refuge containers of sufficient capacity shall be provided to serve the park. The storage and collection of such refuse shall not create a health or fire hazard. Such area shall be screened by a solid wall, fence or evergreen planting and shall not be serviced between the hours of 8 p.m. and 6:00 a.m. The park management shall be responsible for the collection and proper disposal of all refuse. (P) 7. Dog Pens/Enclosures: All pens/fenced enclosures for dog keeping shall not be located between the manufactured home and the park street. All pens/fence enclosures for dog keeping shall be constructed of uniform materials typically approved for dog pen/fence construction and shall not include tarps, signs, scrap building materials or similar materials not typically associated with dog pen/fence construction. Within sixty (60) days of the approval of this request, any such enclosures shall be relocated in compliance with this condition or removed. All areas for keeping dogs shall be kept clean and made free of waste on a regular basis to minimize odor and reduce the propagation of insects. (P) 8. Manufactured Homes and Park Maintenance: The following minimum standards must be met: A. Existing Porches, Decks and Accessory Structures. 1. Porches/Decks. Only one (1) porch or deck shall be permitted for each manufactured home. All other entrances/exits must have steps in accordance with building code requirements. 2. Accessory Structures. Only one (1) single story shed with a maximum area of 150 square feet and one (1) prefabricated metal portable carport shall be permitted on any manufactured home lot. No other accessory buildings (including, although not exclusively, sheds, carports or garages) shall be permitted. A shed shall only be constructed of standard building materials rated for exterior exposure. Such materials shall not include tarps, signs, scrap building materials or similar materials not typically associated with shed construction. 3. Porches, decks and accessory structures existing as of the date of the approval of this request that are compliant with building code and zoning ordinance 12 15SN APR27-BOS-RPT

13 requirements and are constructed of standard building materials rated for exterior exposure shall be permitted to remain provided that such porches, decks and accessory structures shall not be enlarged, extended, reconstructed, substituted or structurally altered unless in compliance with Condition 8.A.1. and 8.A.2. above. B. Skirting. Skirting on all manufactured homes shall be of materials typically approved for manufactured home skirting. Each individual unit shall be skirted with like material on each of its sides. Skirting materials shall not include tarps, scrap building materials or similar materials not typically associated with manufactured home skirting. C. Fences. Except for rear yards of manufactured home lots that abut the periphery of the park (along the north, south and west property boundaries) which shall be permitted to have fences with a maximum height of 6 feet, fences not greater than four (4) feet in height shall be permitted on manufactured home lots. All fences shall be constructed of uniform materials typically approved for fence construction and shall not include tarps, signs, scrap building materials or similar materials not typically associated with residential fence construction. D. Unit Numbering. The unit number for each manufactured home shall be displayed on uniform plaques with reflective numbers a minimum of six (6) inches in height with a minimum ½ inch stroke width. Such plaques shall be located on the side of the manufactured home facing the park street in a uniform location. Within thirty (30) days of the approval of this request, the applicant shall submit a plan to the Fire Department showing the location and numbering design for review and approval. Within sixty (60) days of the approval of the unit numbering plan, the applicant shall install all such unit numbering plaques. E. Park Entrance/Identification. Within thirty (30) days of the approval of this request, the face of both sides of the existing pole sign shall be repaired. The bottom row of panels on both sides of the sign shall be refaced with panels of the same size that include the street address of the park and that are of materials compatible with the remainder of the existing sign face. A sign permit depicting the design of the replacement panels shall be submitted to the Planning Department for review and approval within thirty (30) days of the approval of this request and such sign repair and refaced surfaces shall be installed within thirty (30) days of the approval of the sign permit. (P, BI and F) 9. Play Lot. A play lot having a minimum area of 1200 square feet (30 X40 ) shall be constructed in the area identified on Exhibit B, dated March 10, 2016, as Play lot. The entire play lot area shall be mulched and shall include a minimum of the following: a swing set with a minimum of two (2) swings and one (1) new wooden picnic table (a minimum of six (6) feet long) with two (2) attached benches. A chain link fence, having a minimum height of 4 feet shall be installed around the play lot to separate the play lot from manufactured home lots and park roads. As additional safety for children at play 13 15SN APR27-BOS-RPT

14 the following shall also be installed: slats within the fence where the play lot is visible from Jefferson Davis Highway; and, concrete balusters along the portion of the play area facing Jefferson Davis Highway with adequate spacing to prevent vehicles from entering the play lot. In lieu of slats within the fence to provide additional security for children at play adequate landscaping shall be permitted to be provided to reduce visibility of the play area, as approved by the Planning Director. A plan depicting all play lot improvements, including equipment, screening and security shall be submitted to the Planning Department for review and approval within thirty (30) days of the approval of this request. Construction of the play lot shall be completed within thirty (30) days of plan approval. The park owner shall be responsible for maintaining the play lot in an attractive, safe and usable condition. (P) 14 15SN APR27-BOS-RPT

15 EXHIBIT A ATTACHMENT 2 Min 30 X 40 Play lot 15 15SN APR27-BOS-RPT

16 EXHIBIT B ATTACHMENT SN APR27-BOS-RPT