10SN0105PETITION TO CHESTERFIELD COUNTY GOVERNMENT
We, the neighbors of Tim Taylor and Anna Butner, have no objection #o their
home-based business and support their request to have an employee assist them in their
home.
Drs. Butner and Taylor have maintained their properties well, including their
home at 1702 Homestead Court and Dr. Bittner's parent's home at 10718 Red Lion place.
They have maintained the residential character of the properties.
They have contributed to the quality of our neighborhood by their frequen# walks
throughout the neighborhood pickng up litter.
PRINTED NAME ADDDRESS SIGNATURE DATE
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ADDENDUM
lOSN0105
Anna K. Bittner
and
Timothy R. Taylor
Midlothian Magisterial District
1702 Homestead Court
October 28, 2009 BS
REQUEST: Conditional Use to permit a business (medical office) incidental to a dwelling in a
Residential (R-9) District.
PROPOSED LAND USE:
A medical 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.
On October 9, 2009, the applicant submitted revisions to the proffered conditions. Specifically,
Proffered Condition 9 which would limit approval to a period not to exceed four (4) years, was
withdrawn. Secondly, Proffered Condition 5 relative to hours of operation was modified to extend
Saturday hours.
Staff continues to recommend denial of this request, as outlined in the "Request Analysis."
PROFFERED CONDITIONS
5. Hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m., Monday
through Friday and 9:00 a.m. and 5:00 p.m. on Saturday. There shall be no
operation of the business on Sundays. (P)
9. Withdrawn
Providing a FIRST CHOICE community through excellence in public service
10SN0105-0 CT28-B OS-ADD
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
lOSN0105
Anna K. Bittner
and
Timothy R. Taylor
Midlothian Magisterial District
1702 Homestead Court
REQUEST
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October 28, 2009 BS
Conditional Use to permit a business (medical office) incidental to a dwelling in a
Residential (R-9) District.
PROPOSED LAND USE:
A medical 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 SUBJECT TO THE CONDITIONS ON PAGE 2.
RECOMMEND THAT THE PROFFERED CONDITIONS ON PAGE 3 NOT BE ACCEPTED.
AYES: MESSRS. GULLEY, BROWN, HASSEN AND WALLER.
NAY: MR. BASS.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed zoning and land use do not conform to the Northern Area Plan which
suggests the property is appropriate for medium density residential use of 1.51 to
4 units per acre.
Providing a FIRST CHOICE community through excellence in public service
B. The proposed land use is not representative of, nor compatible with, existing and
anticipated area residential development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
(STAFF NOTE: THE COMMISSION RECOMMENDED APPROVAL SUBJECT TO THE
FOLLOWING CONDITIONS.)
CONDITIONS
(CPC) 1. This Conditional Use shall be granted to and for Anna K. Bittner and
Timothy R. Taylor, exclusively, and shall not be transferable nor run with
the land. (P)
(CPC) 2. Only one (1) vehicle used in conjunction with this business and not
exceeding Ordinance requirements for commercial vehicle parking in
residential districts may be parked on the property at any time. (P)
(CPC) 3. A maximum of two (2) patients shall be permitted on the property at any
one time, except that persons transporting patients will be permitted
provided they shall not loiter outside of the home at any time. (P)
(CPC) 4. Hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m.,
Monday through Friday and 8:00 a.m. and 12:30 p.m. on Saturday. There
shall be no operation of the business on Sundays. (P)
(CPC) 5. One (1) sign not exceeding one (1) square foot in area shall be permitted to
identify this use. (P)
(CPC) 6. The use shall be conducted within the dwelling and the total area for the
use shall not exceed 600 square feet gross floor area. (P)
(CPC) 7. Other than normal maintenance and cosmetic enhancements, there shall be
no exterior additions or alterations to the existing structure, nor any new
construction, to accommodate this use. This does not restrict the property
owners from providing necessary accommodations for the handicapped
such as ramps. (P)
(CPC) 8. This Conditional Use shall be granted for a period not to exceed three (3)
years from the date of approval. (P)
2 10SN0105-OCT28-BOS-RPT
(STAFF NOTE: THE PROFFERED CONDITIONS BELOW WERE NOT ACCEPTED BY THE
CONINIISSION BUT ARE STILL OFFERED BY THE APPLICANTS FOR THE BOARD'S
CONSIDERATION.)
PROFFERED CONDITIONS
1. This Conditional Use shall be granted to and for Anna K. Bittner and Timothy R.
Taylor, exclusively, and shall not be transferable nor run with the land. (P)
2. Only one (1) employee, other than family member employees that live in the home,
shall be permitted. (P)
3. Only one (1) vehicle used in conjunction with this business and not exceeding
Ordinance requirements for commercial vehicle parking in residential districts
may be parked on the property at any time. (P)
4. A maximum of two (2) patients shall be permitted on the property at any one time,
except that persons transporting patients will be permitted provided they shall not
loiter outside of the home at any time. (P)
5. Hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m., Monday
through Friday and 8:00 a.m. and 12:30 p.m. on Saturday. There shall be no
operation of the business on Sundays. (P)
6. One (1) sign not exceeding one (1) square foot in area shall be permitted to identify
this use. (P)
7. The use shall be conducted within the dwelling and the total area for the use shall
not exceed 600 square feet gross floor area. (P)
8. Other than normal maintenance and cosmetic enhancements, there shall be no
exterior additions or alterations to the existing structure, nor any new
construction, to accommodate this use. This does not restrict the property owners
from providing necessary accommodations for the handicapped such as ramps.
(P)
9. This Conditional Use shall be granted for a period not to exceed four (4) years from
the date of approval. (P)
GENERAL INFORMATION
T .nrati nn
West line of Homestead Court, north of Red Lion Place and better known as 1702
Homestead Court. Tax ID 745-712-8133.
3 10SN0105-OCT28-BOS-RPT
Existing Zoning:
R-9
Size:
0.4 acre
Existing Land Use:
Single-family residential and incidental medical office
Adjacent Zoning and Land Use:
North, South and East - R-9; Single family residential or vacant
West - A; Single family residential or vacant
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Public Water Svstem:
The request site is located within the Robious Water Pressure Zone. There is an existing six
(6) inch water line running along Homestead Court, adjacent to this site. The request site is
currently connected to the public water system.
In accordance with the requirements of Article V, Sections 18-131 thru 147, of the County
Code governing "Cross Connection and Back-Flow Prevention", an approved back-flow
prevention device will be required on the existing water supply line serving this site.
Installation of this device will be at the owner's expense.
Public Wastewater Svstem:
The request site is located within the Pocoshock Creek Sewer Service Area. There is an
existing eight (8) inch wastewater collector line running along Homestead Court, adjacent
to this site. This site is connected to the public wastewater system.
ENVIRONMENTAL AND FIRE SERVICE
This request will have a minimal impact on these facilities.
PUBLIC FACILITIES
County Department of Transportation:
This request will have a minimal impact on the existing transportation network.
4 10SN0105-OCT28-BOS-RPT
Vir ing is Department of Transportation:
The Virginia Department of Transportation (VDOT) requires that a commercial entrance be
provided onto Homestead Court. This entrance shall be paved to the right-of--way line a
sufficient thickness to support the vehicular traffic using this access.
Adequate intersection sight distance must be obtained at the proposed access onto VDOT
maintained roads and shown on the plans. Any necessary sight distance easements shall be
recorded and shown on the plans.
Design and construction of the proposed connection to state maintained right-of--way shall
be in accordance with current, including but not limited to the Access Management,
regulations and standards, at time of construction plans submission.
Traffic Impact Analysis, based on the net increase of the proposed rezoning shall be
submitted, if warranted.
The issuance of a VDOT Land Use Permit is required prior to any construction activity
within the right-of--way limits of Homestead Court.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests the property is
appropriate for medium density residential use of 1.51 to 4.0 units per acre.
Area Development Trends:
The surrounding area to the north, south and east is zoned Residential (R-9) and is occupied
by single-family residential use within Heritage Commons Subdivision. Property to the
west is zoned Agricultural (A) and is occupied by single-family residential use or is vacant.
It is anticipated that residential use will continue in the area as suggested by the Plan.
Uses:
Operation of the medical office would be restricted to the applicants only (Proffered
Condition 1 and CPC Condition 1). Generally, the applicants have indicated that they treat
patients suffering from severe muscle pain in the home. The applicants note that, typically,
between three (3) and five (5) patients are seen on weekdays and two (2) patients are seen
on Saturday mornings. A maximum of two (2) patients would be permitted on the property
at one-time, excluding persons transporting patients may also provided they do not loiter
outside of the home. This prohibition relative to loitering will be difficult, if not impossible,
to enforce. (Proffered Condition 4 and CPC Condition 3)
10SN0105-OCT28-BOS-RPT
The number of business vehicles parked on the property would be limited to one (1).
(Proffered Condition 3 and CPC Condition 2)
Employees:
Proffered Condition 2 would limit the number of employees, other than family members
who live on the property, to one (1). It is important to note that the Commission did not
support any employees for this business, other than family member employees who live on
the property.
Site Design:
Additions and exterior alterations to the dwelling to accommodate this use would not be
permitted (Proffered Condition 8 and CPC Condition 7). The total area within the dwelling
devoted to the use would be a maximum of 600 square feet. (Proffered Condition 7 and
CPC Condition 6)
Hours of Operation and Si~~e:
The days and hours of operation would be limited to weekdays and Saturday mornings
(Proffered Condition 5 and Planning Commission Condition 4). In addition, one (1) sign
would be permitted to identify this use. (Proffered Condition 6 and CPC Condition 5)
Time Limitation:
Proffered Condition 9 would limit approval of this request to a period not to exceed four (4)
years. The Commission only supported a three (3) year time limit. (CPC Condition 8)
CONCLUSION
The proposed zoning and land use do not conform to the Northern Area Plan which suggests the
property is appropriate for medium density residential use of 1.51 to 4 units per acre. In
addition, the proposed land use is not representative of, nor compatible with, existing and
anticipated area residential development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (9/15/09):
The applicant submitted an additional proffered condition.
6 10SN0105-OCT28-BOS-RPT
Planning Commission Meeting (9/15/09):
The applicant did not accept the recommendation.
Messrs. Bass and Gulley suggested the applicants should consider relocating the business
to nearby office areas.
Messrs. Gulley and Hassen expressed concern relative to protection of the neighborhood
from commercial encroachment and suggested the applicants diligently pursue relocation
of the medical office to an area zoned for office use.
Mr. Waller stated that the use was consistent with limitations for a permitted home
occupation with the exception of the area of the dwelling devoted to the business and use
of one (1) employee who does not live on the property. He noted that the community was
generally supportive of the use, with some citizens interested in a time limitation for
approval. Mr. Waller stated that he could support the proposed increase in the area of the
dwelling being utilized and that the residential integrity of the neighborhood would be
further protected by precluding outside employees and by limiting approval of the use
from four (4) years to three (3) years.
On motion of Mr. Waller, seconded by Mr. Hassen, the Commission recommended
approval subject to the conditions on page 2. The Commission recommended that the
proffered conditions on page 3 not be accepted.
AYES: Messrs. Gulley, Brown, Hassen and Waller.
NAY: Mr. Bass.
The Board of Supervisors, on Wednesday, October 28, 2009 beginning at 6:30 p.m., will take
under consideration this request.
7 10SN0105-OCT28-BOS-RPT
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