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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0216
Jeffrey D. Clark
Bermuda Magisterial District
13403 Burnettedale Drive
September 24, 2008 BS
RE VEST: Conditional Use to permit a business (construction bonding/insurance office)
incidental to a dwelling unit in a Residential (R-15) District.
PROPOSED LAND USE:
A construction bonding and insurance office is currently being operated on the site
without the requisite Conditional Use. A Conditional Use is requested to bring the
use into compliance with the Ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land uses do not conform to the Southern and Western Area Plan
which suggests the property is appropriate for residential use.
B. The proposed land use is incompatible with existing and anticipated area
development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONSAND BOS NOTE.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the property known as Chesterfield County Tax ID 789-645-
2789 will be used for business purposes as set forth below; however, in the event the request is
denied or approved with conditions not agreed to by the Owner-Applicant, these proffers and
conditions shall be immediately null and void and of no further force or effect. The Applicant
hereby makes the following Proffered Conditions:
(CPC) 1. This Conditional Use shall be granted to and for Jeffrey D. Clark,
exclusively and shall not be transferable or run with the land. (P)
(CPC) 2. This Conditional Use shall be limited to the operation of a bonding
business, exclusively with a maximum of three (3) employees excluding
the applicant. (P)
(CPC) 3. There shall be no signs permitted to identify this use. (P)
(CPC) 4. No deliveries shall be permitted before 8:OOam or after 6:OOpm. (P)
(CPC) 5. Hours of operation shall be restricted to between B :OOam and 6:OOpm,
Monday through Friday. (P)
GENERAL INFORMATION
T ,nrati nn
East line of Burnettedale Drive, south of Happy Hill Road and better known as 13403
Burnettedale Drive. Tax ID 789-645-2789.
Existing Zoning:
R-15
Size:
0.4 acres
Existing Land Use:
Single family dwelling
Adjacent Zoning and Land Use:
North, South, East and West - R-15; Single family residential
2 08SN0216-SEP24-BOS-RPT
T TTTT ,TTTF,C
Public Water System:
There is an existing eight (8) inch water line extending along the south side of
Burnettedale Drive opposite this site. The existing structure is connected to the public
water system. Use of public water is required by County Code for any future structure
built on this site.
Public Wastewater System:
The request site is within the Timsberry Creek drainage basin. The public wastewater
system is not available to serve the request site. The closest line is the eighteen (18) inch
wastewater trunk line extending along Timsberry Creek, approximately 2,000 feet
southwest of the property. Since this is a conditional use incidental to a principal use
previously allowed with a septic system the County Code allows use of a private system.
Private Septic Systems:
Use of private septic tanks must be approved by the Health Department.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire ~ervice~
The Chester Fire Station Numberl and Bensley Bermuda Volunteer Rescue Squad currently
provide fire protection and emergency medical service (EMS). This request will have a
minimal impact fire and EMS.
Transportation:
This request will have a minimal impact on the existing transportation network.
T AI~TTI T TCF
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 2.51- 4.0 units per acre.
3 08SN0216-SEP24-BOS-RPT
Area Development Trends:
The area is characterized by residential single family development as part of the Hartland
Subdivision.
Uses:
Proffered Conditions 1 and 2 would restrict the operation to an insurance and bonding
business, for the applicant only. Further, limitations include restricting the number of
employees to three (3), excluding the applicant.
Hours of Operation and Signag_e:
Proffered Conditions 4 and 5 would limit the days and hours of this operation, to include
business deliveries to the property.
No signage would be permitted to identify this use (Proffered Condition 3).
CONCLUSION
The proposed land uses do not conform to the Southern and Western Area Plan which suggests the
property is appropriate for residential uses. In addition, the proposed zoning and land uses are
not representative of, nor compatible with, existing and anticipated area development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/19/08):
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation. There was opposition present expressing concerns
relative to traffic, lighting, each of buffers and a prohibition of the proposed use in
neighborhood covenants.
Mr. Hassen stated a maj ority of area property owners support the request. He added that
the use was appropriate since the property is not in the middle of the subdivision and, as
conditioned, there would be no evidence the property was being used as a business.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Bass, Brown, Hassen, and Waller.
4 08SN0216-SEP24-BOS-RPT
The Board of Supervisors, on Wednesday, September 24, 2008, beginning at 6:30 p.m., will take
under consideration this request.
08SN0216-SEP24-BOS-RPT
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