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January 28, 2009 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0144
Chesterfield County Board of Supervisors
Matoaca Magisterial District
16216 Genito Road
RE VEST: Conditional Use to permit a business (special events) incidental to a dwelling unit.
PROPOSED LAND USE:
Continued operation of a special events business in operation since 1997 is
intended.
PLANNING COMMISSION RECOMMENDATION
THE COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON JANUARY 20,
2009. STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S
RECOMMENDATION SUBSEQUENT TO THE COMMISSION MEETING.
STAFF RECOMMENDATION
Recommend approval, if after consideration of public input, the Commission and Board
determine that continuation of the use will not adversely impact the area, subject to the
recommended conditions.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.)
CONDITIONS
1. This Conditional Use shall be granted to and for John McBride, exclusively, and
shall not be transferable or run with the land. (P)
Providing a FIRST CHOICE community through excellence in public service
2. This Conditional Use shall be limited to the operation of a special events business.
(P)
3. There shall be no additions or alterations to the exterior of the structure to
. P
accommo ate t is use. ( )
4. One (1) freestanding sign, a maximum of six (6) square feet in area, shall be
permitted to identify this use. (P)
5. The days and hours which the special events business may be opened to the public
and number of on-site special events shall be as follows:
a. Fridays between 8:00 a.m. and 11:00 p.m.;
b. Saturdays between 10:00 a.m. and 11:00 p.m.;
c. From December 1 through December 31 events may be held during the
week from 4:00 p.m. until 11:00 p.m. except December 31 when the hours
may extend until 1:00 a.m.;
d. There shall be a maximum of six (6) Sunday events per calendar year.
Sunday events shall be limited to between the hours of 10:00 a. m. and
11:00 p. m.
e. A maximum of fifty (50) events per year shall be allowed. (P)
6. There shall be no deliveries to the property before 9:00 a.m. or after 6:00 p.m.
Deliveries shall be restricted to Friday and Saturday only. (P)
7. Amplified sound equipment shall not exceed a noise level of 50 dB(A), as
measured at the boundaries of Tax ID 711-688-3114-7172. Within sixty (60)
days of approval of this request, information shall be submitted to the Planning
Department for their review and approval to confirm compliance with this
condition. (P)
8. Any freestanding lighting shall not exceed twenty (20) feet in height. (P)
9. Attendance at special events shall be restricted to a maximum of 275 guests at any
one (1) time. (P)
10. A minimum of one (1) security officer for each 100 persons shall be provided at
all special events to direct traffic into and out of the property and to monitor the
lawful conduct of guests attending the event. (P)
GENERAL INFORMATION
T ,nrati nn
North line of Genito Road and east line of weatherbury Place and known as 16216
Genito Road. Tax ID 711-688-7172.
2 09SN0144 JAN28-BOS-RPT
Existing Zoning:
A
Size:
22.6 acre s
Existin Land Use:
Residential and commercial
Adjacent Zoning and Land Use:
North - R-40; Single-family residential or vacant
South - R-15; Single-family residential
East - R-40 and A; Single-family residential or vacant
West - R-40 and A; Single-family residential or vacant
T ITTT ,TTTF,~
Public Water System:
The request site is within the Clover Hill Water Pressure Zone. There is a sixteen (16) inch
water line extending along the north side of Genito Road adjacent to this site, as well as an
eight (8) inch water line along Weatherbury Place adjacent to this site. The existing
dwelling is connected to the public water system. Use of the public water system is required
by County Code for any future development of the request site.
Public Wastewater System:
The request site is within the Upper Swift Creek Sewer Service Area. Aforty-two (42) inch
wastewater trunk line extends along the north side of Swift Creek approximately 5,000 feet
north of this site. The existing dwelling is served by a private septic system. Use of the
public wastewater system is required by County Code for development in the Upper Swift
Creek Plan area (Section 18-64(d)). However, structures permitted by Conditional Use or
Special Exception granted after October 10, 2007 are not required to connect to the public
wastewater system if the use that is permitted is incidental to a principal use previously
allowed with a septic system (Section 18-64(4)(3)).
Private Wastewater System:
The Health Department must approve any new septic system or the expanded use of the
existing septic system.
3 09SN0144 JAN28-BOS-RPT
ENVIRONMENTAL
The request will have no additional impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Swift Creek Fire Station, Number 16, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
Transportation:
This request will have no additional impact on the area transportation network.
T,ANT~ 11SF
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan Amendment which suggests the
property is appropriate for Residential use of 2.0 units per acre or less.
Area Development Trends:
Adjacent properties are characterized by single-family residential uses in weatherbury
and Hunters Ridge subdivisions and on acreage parcels and by vacant properties. Single-
family residential uses are expected to continue in this area, as suggested by the Plan.
Zonin Hg istory:
On August 6,1997, the Board of Zoning Appeals approved a Special Exception to permit
operation of a bed and breakfast and an on-site catering business incidental to a dwelling
on a portion of the request property (Case 97AN0255) for two (2) years. The Conditional
Use was granted to Alice McBride, exclusively. Subsequently, in 1998 and 2002, the
Special Exceptions were renewed and granted to Alice McBride and John McBride,
exclusively (Case 99AR00148 and 02AR0212). The Zoning Ordinance has been
amended to require a Conditional Use for businesses operated incidental to dwelling
units.
As previously noted, Cases 99ARO l 48 and 02AR0212 granted the uses to Alice McBride
and John McBride. Since the time these cases were approved, Alice McBride is no
longer involved in the business. Also, on October 22, 2008, the Board of Supervisors'
denied a request to rezone the property to Residential (R-15) with Conditional Use to
permit a business (special events) incidental to a dwelling unit (Case 07SN0359). The
applicant planned to develop asingle-family residential subdivision on area property,
4 09SN0144 JAN28-BOS-RPT
which included the request site, and wanted to continue to conduct the special events
business for a limited period of time while the subdivision was being developed. It
should be noted, if Alice McBride and John McBride could have continued to conduct
the business as per the conditions of the Special Exceptions the Conditional Use would
not have been necessary.
At the October 22, 2008 Board of Supervisors' Meeting, Ms. Durfee made a motion to
deny Case 07SN0359, which carried. Afterwards Ms. Durfee noted her intent was to
motion to deny the rezoning and approve the Conditional Use, so that the special events
business could continue.
Subsequently, the Board of Supervisors initiated this application to allow reconsideration
of the special events business without an additional burden on the property owner.
Uses:
The Conditional Use has been requested to allow the special events business which was
allowed by prior Special Exceptions to continue. Conditions have been recommended,
should the Commission and Board wish to approve the Conditional Use, which would
allow the use to continue to operate as it has in the past. (Conditions 1 through 10)
CONCLUSION
If, after consideration of public input, the Commission and Board determine that continuation of the
use will not adversely impact the area, approval would be appropriate, subj ect to the recommended
conditions.
CASE HISTORY
Staff (12/29/08):
The Commission is scheduled to consider this request on January 20, 2009.
The Board of Supervisors, on Wednesday, January 28, 2009, beginning at 6:30 p.m., will take
under consideration this request.
5 09SN0144 JAN28-BOS-RPT
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