15SN0601
CASE NUMBER: 15SN0601
APPLICANT: Maria Louisa Herlong and Danny Neale Herlong
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MATOACA
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
FEBRUARY 11, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Agent:
DANNY HERLONG
(804-218-3082)
Planning Department Case Manager:
ROBERT CLAY (804-768-7122)
APPLICANT’S REQUEST
Conditional use to permit a business (tree service) incidental to a dwelling in an Agricultural (A)
District
A tree service business with associated equipment and firewood storage is currently operated
from the property without the requisite zoning. Approval of this conditional use would bring the
use into compliance with the Ordinance.
(NOTES: A. Conditions may be imposed or the property owner may proffer conditions.
B. Proffered conditions are located in Attachment 1.)
RECOMMENDATION
RECOMMEND APPROVAL
PLANNING
COMMISSION
As conditioned, minimal impact on surrounding development
(1/20/15)
RECOMMEND DENIAL
STAFF Does not comply with Comprehensive Plan
Commercial encroachment at entrance to a neighborhood
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
Plan suggests residential and agricultural uses appropriate for
this area
PLANNING
Use represents commercial encroachment into a residential
area
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan
Classification: RESIDENTIAL AGRICULTURAL
The designation suggests the property is appropriate for a combination of agricultural and residential uses,
with residential development not exceeding .5 dwellings per acre and located on 1 to 5 acre lots.
Map 3: Surrounding Land Uses & Development
Qualla Rd
Rocky Run
Subdivision
Acreage parcels
Clearpoint Dr
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PLANNING
Staff Contact: Robert Clay (804-768-7122) clayr@chesterfield.gov
PROPOSAL
The applicant, who is a tree service contractor, has been operating the business from his home at
this location for almost twenty (20) yearswithout the required zoning.
InAugust, 2014, the Planning Department received a complaint relative to the operation of a
business from a residence. Upon investigation, staff observed a large pile of firewood around the
property line; company vehicles and employees; and stump grinding equipment. It was
determined that a tree service business was being operated from the residence, requiring a
conditional use.
The following provides an overview of conditions offered by the applicant to mitigate the impact
of the use on area properties:
General Overview
Requirements Details
Limited to the applicants only
Ownership
Proffered Condition 1
Limited to a tree service business incidental to a dwelling
Use
Proffered Condition 2
Limited to 10 years
Time Limitation
Proffered Condition 3
Two (2) Service trucks
One (1) Trailer
One (1) Stump grinder
Equipment/Material Storage
One (1) Log splitter.
Firewood
Proffered Condition 4
Confined to rear of dwelling
Location of Use
Proffered Condition 5
Minimum of twenty (20) feet adjacent to property lines to
Bufferrear of dwelling
Proffered Condition 6
No more than 4 employees
Employees and Clients
No clients
Proffered Condition 7
None permitted
Signage
Proffered Condition 8
Monday through Saturday from 7 a.m. to 5 p.m.
Hours of Operation
Proffered Condition 9
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Greg Smith (804-706-2012) smithgd@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Winterpock Fire Station, Company Number 19
EMS Facility The Winterpock Fire Station, Company Number 19
This request will have minimal impact onFire and EMS.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
Staff Contact: Steve Adams (804-751-4461) adamss@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and it is anticipated to be
minimal.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
-
Traffic Impact Analysis (24VAC30-155)
-
Access Management (24VAC30-73)
-
Subdivision Street Acceptance (24VAC30-91/92)
-
Land Use Permit (24VAC30-151)
VDOT has no comments on this request.
Summary
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
This request will not impact the water and wastewater system.
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water No NA No
Wastewater No NA No
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (804-748-1028) pritchardd@chesterfield.gov
Environmental Engineering has not comment on this request.
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CASE HISTORY
Applicant Submittals
10/1/2014 Application submitted
1/6/2015 Revised proffers were submitted
1/20/2015 Revised proffer was submitted
Community Meeting
1/14/2015 Issues Discussed
Matoaca Planning Commissioner, applicants and staff attended meeting
Area property owners indicated support for applicants’ request with no
time limitation, noting the business provides a community service
Planning Commission
1/20/15
Citizen Comments
Citizens spoke in support, noting:
Property is well maintained
No adverse impacts from business
Provides service to a rural community
Commission Discussion
The Commission noted their support for this case:
Support from area property owners
Conditions minimize impacts on area property owners
Use provides community service
Recommendation – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Wallin; Seconded: Patton
AYES:
Gulley, Waller, Brown, Patton and Wallin
The Board of Supervisors on Wednesday, February 11, 2015, beginning at 6:30 p.m., will
consider this request
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
“CPC” –Recommended by Planning Commission
(CPC) 1. Non-Transferable Ownership: This Conditional Use approval shall be granted
exclusively to Maria Louisa Herlong and Danny Neale Herlong, and shall not be
transferable with the land. (P)
(CPC) 2. Use: This Conditional Use approval shall be for the operation of a business (tree
service), incidental to a dwelling. (P)
(CPC) 3.Time Limitation: This Conditional Use approval shall be granted for a period not to
exceed ten (10) years from the date of approval. (P)
(CPC) 4. Equipment Storage: As a part of this business the following equipmentand material
may be stored on the property. No other equipment for this use may be allowed:
Two (2) Service trucks
One (1) Trailer
One (1) Stump grinder
One (1) Log splitter.
Firewood (P)
(CPC) 5. Location of Use: The use shall be confined to the rear of the house.Any
relocation of equipment/firewood necessary to comply with Proffered Condition 4
shall be accomplished within ninety (90) days of approval of this request. (P)
(CPC) 6. Buffer: A minimum twenty (20) foot buffer shall be maintained along the northern,
southern propertylines, to the rear of the residence, and along the western
property line. These buffers shall comply with the requirements of the Ordinance
for buffers that are less than fifty (50) feet. (P)
(CPC) 7. Employees and Clients: No more than four (4) employees shall be permitted to
work on the premises other than family member employees that live on the
premises. No clients shall be permitted on the property. (P)
(CPC) 8. Signage: There shall be no signs identifying this use. (P)
(CPC) 9. Hours of Operation: Movement of equipment shall be limited to Monday through
Saturday from 7:00 a.m. to 5:00 p.m.(P)
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