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15SN0631 CASE NUMBER: 15SN0631 (COMPANION CASE NUMBER: 15HP0145) APPLICANT: John Vest and Ruth Cristene Vest CHESTERFIELD COUNTY, VIRGINIA Magisterial District: DALE ADDENDUM II 5436 Hopkins Road Board of Supervisors (BOS) Public Hearing Date: JULY22, 2015 BOSTime Remaining: 365 DAYS Applicant’s Contact: JOHN AND RUTH VEST (804-743-1245) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANTS’ REQUEST Conditional use to permit a bed and breakfast and special events business incidental to a dwelling in a Residential (R-15) District. The operation of a bed and breakfast and special events business is planned. A companion case, 15HP0145, was filed by the applicant in tandem with the zoning application request to designate the home on the request property as a historic landmark. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Proffered conditions are located in Attachment 1. ADDENDUM The purpose of this Addendum is to advise the Board of the Planning Commission’s action. The recommendations are provided on the following page. Providing a FIRST CHOICE community through excellence in public service RECOMMENDATION RECOMMEND DENIAL Proposed uses would have an adverse impact on area properties PLANNING Uses are too intense to be located within an established COMMISSION residential area (7/21/2015) AYES: Gulley, Waller and Wallin NAYS: Brown ABSENT: Patton RECOMMEND APPROVAL Adaptive reuse and preservation of a historic structure STAFF (Companion Case 15HP0145) Proffered conditions would minimize impactsof use and ensure compatibility with existing area development 215SN0631-2015JUL22-BOS-ADD2 CASE HISTORY Applicant Submittals 2/19/15Application submitted 7/2/15Proffers two exhibits were submitted Community Meetings 4/6/15Issues Discussed The District Planning Commissioner, the applicants and staff attended this meeting at Meadowdale Library Citizens and neighbors expressed opposition to the proposed bed and breakfast and special events business relative to: traffic, parking for customers, noise from outdoor special events, hours and days of operation, the configuration of the dwelling to accommodate lodgers. No opposition to the historic landmark designation was expressed at the community meeting 7/6/15Issues Discussed The District Planning Commissioner, the applicants and staff attended this meeting at Meadowdale Library Applicant presented a summary of changes to the zoning request since the initial community meeting Citizens and neighbors once again expressed opposition to the proposed bed and breakfast and special events business relative to: traffic, parking for customers and guests, noise and lighting associated with outdoor special events, hours and days of operation, and the configuration of the dwelling to accommodate lodgers and guests of the special events Planning Commission Meeting 7/21/15 Citizen Comments Citizens spoke in support of the applicant’s request: House and property are an asset to the communitythat should be shared with guests and visitors to the region Traffic impacts will be minimal Petition of support was presented with 43 signatures Citizens spoke in opposition of the applicant’s request: Concerns were expressed by area residents relative to traffic, parking for customers and guests, noise and lighting associated with outdoor special events, alcohol sales, security, adequate restroom facilities, hours and days of operation, and the safety of neighborhood residents Previous event held by the applicants on the property generated noise concerns during the late night hours Petition of opposition was presented with approximately 330 signatures 315SN0631-2015JUL22-BOS-ADD2 Commission Discussion Dr. Brown noted that he could support this case based upon the following factors: Applicants have made changes to request to address concerns expressed by the community The applicant was receptive to imposed conditions that would clarify who would operate the business and reside on the premises, increase restrictions on outdoor lighting, and require historic landmark designation of Edgewood As proffered and amended with imposed conditions, the request would have minimal impacts on adjoining property owners The Commission noted their oppositionfor this case: Proposed uses would have a significant andadverse impact on neighboring properties and are too intense to be located within an established residential area Previous event on the property do not convey a positive example for future outdoor special events Substantial communityopposition to request Recommendation – DENIAL Motion:GulleySecond: Wallin AYES: Gulley, Waller and Wallin NAYS: Brown ABSENT: Patton The Board of Supervisors on Wednesday, July 22, 2015, beginning at 6:30 p.m., will consider this request. 415SN0631-2015JUL22-BOS-ADD2 ATTACHMENT 1 PROFFERED CONDITIONS Note: “STAFF” – Recommended by staff only (STAFF) 1. Non-Transferable Ownership: This Conditional Use shall be granted to and for Ruth Cristine Vest and John Edward Vest, exclusively, and shall not be transferable or run with the landwith the exception of the applicant’s child, Naomi Jazmin Lee Figueroa, provided said child resides and operates the business on the property. (P) (STAFF) 2. Uses: This Conditional Use shall be limited to the operation of abed and breakfast and an indoor/outdoor special events business, which is incidental to a dwelling that is occupied by the owners or operator. (P) (STAFF) 3. Hours of Operation: The days and hours of operation are set forth as follows: a.The Special Events business may be open to the public daily with the following restrictions: i.Outdoor Special Events 1.Monday – Friday: 9 a.m. –6 p.m. 2.Saturday:12 p.m. – 9 p.m. 3.Sunday:11 a.m. – 3 p.m. ii.Indoor Special Events 1.Monday – Friday: 9 a.m. –6 p.m. 2.Saturday:12 p.m. – 10p.m. 3.Sunday:11 a.m. – 3 p.m. iii.A maximum of four (4) outdoor special events may be held each month. iv.A maximum of one (1) indoor or outdoor event may occur on the property at any time. b.The Bed and Breakfast may be open to the public daily with a check-in time from 11:00 a.m. to 9:00 p.m. and check out time of 11:00 a.m. (P) (STAFF) 4. Deliveries: No vendor deliveries shall be permitted before 8:00 a.m. or after 7:00 p.m. (P) (STAFF) 5. Sound Measurement at Property Lines: Outdoor music (live and recorded) and sound amplification equipment shall be permitted for the special events use provided that noise levels do not exceed 55 dB(a), as measured at the boundaries of Tax ID 780-688-6823. Within sixty (60) 515SN0631-2015JUL22-BOS-ADD2 days of approval and prior to the first outdoor special event, documentation shall be submitted to the Planning Department for review and approval to confirm compliance with this condition. (P) (STAFF) 6. Lighting: No exterior lighting shall be higher than twenty (20)feet. Any temporary exterior lighting that is used for a special event shall be directed away from the boundaries of Tax ID 780-688-6823. No laser lights shall be used. (P) (STAFF) 7. Expansion of Use: Other than normal maintenance and cosmetic enhancements, there shall be no exterior additions or alterations to existing structures, nor any new construction, to accommodate this use. This does not restrict the Owners from periodic use of tentage with flooring, concourse and marquee for special events. This does not restrict the Owners from providing necessary accommodations for the handicapped such as ramps. (P) (STAFF) 8. Signage: One (1) sign shall be permitted to identify the bed and breakfast and an indoor/outdoor special events business. The sign shall be limited toa maximum of twelve (12) square feet in area and eight (8) feet in height.Any signage on the property shall be compatible with the existing dwelling. If the sign is constructed as afreestanding sign, it shall be a monument-style sign. Signage shall be externally illuminated only. (P) (STAFF) 9. Attendance & Occupancy: The maximum number of guests shall be as follows: a.Special Events: Attendance at special events shall be restricted to a maximum of 50 guests at any one (1) function. Attendance for special events shall alsoinclude the lodgersat the bed and breakfast. b.Bed and Breakfast: No more than four (4) bedrooms shall beoccupied by lodgers of the bed and breakfast facility. Occupancy shall be restricted to a maximum of eighteen (18) lodgers. (P) (STAFF) 10. Parking Spaces: A minimum of thirty-four (34) parking spaces, either graveled or situated on the lawn, as shown on Exhibit A, shall be provided for the bed and breakfast and an indoor/outdoor special events business. Parking for these uses shall not be permitted on any street. (P) (STAFF) 11. Landscaping: Landscaping shall be provided to screen outdoor gathering and events spaces on the property. A row of evergreen trees shall be planted and maintained in the areas shown on Exhibit B. These plantings shall be: a.A minimum of thirty-six (36) inches tall at time of planting; b.Planted ten (10) feet on center; 615SN0631-2015JUL22-BOS-ADD2 c.Installed within six (6) months from the approval date of this request. (P) (STAFF) 12. Time Limitation: This Conditional Use shall be granted for a period not to exceed five (5) years from date of approval. (P) 715SN0631-2015JUL22-BOS-ADD2 CASE NUMBER: 15SN0631 (COMPANION CASE NUMBER: 15HP0145) APPLICANT: John Vest and Ruth Cristene Vest CHESTERFIELD COUNTY, VIRGINIA Magisterial District: DALE ADDENDUM 5436 Hopkins Road Board of Supervisors (BOS) Public Hearing Date: JULY22, 2015 BOS Time Remaining: 365 DAYS Applicant’s Contact: JOHN AND RUTH VEST (804-743-1245) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANTS’ REQUEST Conditional use to permit a bed and breakfast and special events business incidental to a dwelling in a Residential (R-15) District. The operation of a bed and breakfast and special events business is planned. A companion case, 15HP0145, was filed by the applicant in tandem with the zoning application request to designate the home on the request property as a historic landmark. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.IF THIS CASE IS ACTED UPON BY THE PLANNING COMMISSION ON JULY21, 2015, IT WILL BE HEARD BY THE BOARDOF SUPERVISORS ON JULY 22, 2015. ADDENDUM The purpose of this Addendum is to offer comments received from the Virginia Department of Transportation (VDOT)and update the “Community Meetings”section of the report. On July 7, 2015 staff received comments from VDOT regarding this case. Their comments are included on Page 2. In addition, a second community meeting was held on July 6, 2015. A summary of the meeting is included on Page 3. Staff continues to recommend approval of this request as outlined on Page 2. Providing a FIRST CHOICE community through excellence in public service RECOMMENDATION RECOMMEND APPROVAL Adaptive reuse and preservation of a historic structure STAFF (Companion Case 15HP0145) Proffered conditions would minimize impactsof use and ensure compatibility with existing area development 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)- SummaryVDOT has examined this request in detail and has no objections to what is proposed at this time. 215SN0631-2015JUL22-BOS-ADD CASEHISTORY Applicant Submittals 2/19/15Application submitted 7/2/15Proffers and two exhibits were submitted Community Meetings 4/6/15Issues Discussed The District Planning Commissioner, the applicants and staff attended this meeting at Meadowdale Library Citizens and neighbors expressed opposition to the proposed bed and breakfast and special events business relative to: traffic, parking for customers, noise from outdoor special events, hours and days of operation, the configuration of the dwelling to accommodate lodgers No opposition to the historic landmark designation was expressed at the community meeting 7/6/15Issues Discussed The District Planning Commissioner, the applicants and staff attended this meeting at Meadowdale Library Applicant presented a summary of changes to the zoning request since the initial community meeting Citizens and neighbors once again expressed opposition to the proposed bed and breakfast and special events business relative to: traffic, parking for customersand guests, noise and lighting associated withoutdoor special events, hours and days of operation, and the configuration of the dwelling to accommodate lodgersand guests of the special events 315SN0631-2015JUL22-BOS-ADD CASE NUMBER: 15SN0631 (COMPANION CASE NUMBER: 15HP0145) APPLICANT: John Vest and Ruth Cristene Vest CHESTERFIELD COUNTY, VIRGINIA STAFF’SANALYSISMagisterial District: DALE AND 5436 Hopkins Road RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: JULY21, 2015 BOSTime Remaining: 365 DAYS Applicant’s Contact: JOHN AND RUTH VEST (804-743-1245) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANTS’ REQUEST Conditional use to permit a bed and breakfast and special events business incidental to a dwelling in a Residential (R-15) District. The operation of a bed and breakfast and special events business is planned. A companion case, 15HP0145, was filed by the applicant in tandem with the zoning application request to designate the home on the request property as a historic landmark. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Proffered conditions and two exhibits are located in Attachments 1– 3. RECOMMENDATION PLANNING THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT COMMISSION THEIR MEETING ON TUESDAY, JULY 21, 2015. STAFF WILL ADVISE THE (7/21/2015)BOARD OF THE COMMISSION’S ACTION AFTER THEIR MEETING. RECOMMEND APPROVAL Adaptive reuse and preservation of a historic structure STAFF (Companion Case 15HP0145) Proffered conditions would minimize impactsof use and ensure compatibility with existing area development Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES DepartmentIssue PLANNING- FIRE- CDOT- VDOT- UTILITIES- ENVIRONMENTAL - ENGINEERING 215SN0631-2015JUL22-BOS-RPT 315SN0631-2015JUL22-BOS-RPT Map 2: Comprehensive Plan Classification: SUBURBAN RESIDENTIAL II The designation suggests the property is appropriate for 2.0 to 4.0 dwellings per acre. Map 3: Surrounding Land Uses & Development HopkinsRd Meadowbrook Country Club Single-family residential uses (Edgewood Subdivision) Windy Oaks Lane Single-family residential uses 415SN0631-2015JUL22-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov ZONING HISTORY Case NumberBOS Action Request ApprovedRezoning from A to R-12 and R-15of 32.7 acres for a 78SN0171 (12/13/1978) single-family subdivision (Edgewood) PROPOSAL The applicants purchased the request property in October 2014 to start the operation of a bed and breakfast and special events business, whichwould be incidental to the dwelling. The home was previously used as private residence. HISTORIC LANDMARK DESIGNATION The existing dwelling, known as “Edgewood”, is a historic home that was constructed in 1908. The applicants have filed a companion historic preservation designation case (15HP0145) to be considered in tandem withthis conditional use request. One of the general land use guidelines in the Planis to encourage the preservation of historic structures through their adaptive reuse. In circumstances where the site or structure is designated as county historic landmark,staff may support special uses not enumerated by the Planprovided such uses can be designed and operated to minimize impacts on existing and anticipated area development. BED AND BREAKFAST/SPECIAL EVENT BUSINESS The following chart provides an overview of the proffered conditions offered by the applicantsto minimize the impact of the proposed useson area properties: GeneralOverview Requirements Details Operation limited to applicants and their daughter only Non-Transferable Ownership Proffered Condition 1 Bed & breakfast facility Indoor and outdoor special events business Uses These uses are incidental to dwelling o Proffered Condition 2 515SN0631-2015JUL22-BOS-RPT GeneralOverview(Continued) Requirements Details Hours & Days of Outdoor Indoor Special Operation Special Events Events Monday-Friday9 a.m. – 6 p.m.9 a.m. – 6 p.m. Saturday12 p.m. –9 p.m.12 p.m. –10 p.m. Days & Hours of Operation/ Sunday 11 a.m. – 3 p.m.11 a.m. –3 p.m. Frequency of Events Bed and breakfast open daily with specified check-in and check-out times Limit of 4 outdoor special events each month No more than 1 special event may occur at a time Proffered Condition 3 Prohibited before 8:00 AM or after 7:00 PM Vendor Deliveries Proffered Condition 4 Maximum of 55 decibels at any property line Sound Measurement at Property Require the submittal of a sound study prior to first Lines outdoor event Proffered Condition 5 Maximum of20 feet in height and directed away from Lighting property lines Proffered Condition 6 No additions or alterations to expand the use Expansion of Use Proffered Condition 7 One (1) sign, limited to : 12square feet in area 8feet in height Signage Monument-style sign if the sign is freestanding Externally illuminated only Proffered Condition 8 Special Events: 50 guests Guest count will include lodgers of the bed and Attendance & Occupancy breakfast facility) Bed and Breakfast: 18 Lodgers Proffered Condition 9 34 parking spaces to be provided on-site (Attachment 2, Parking Exhibit A) Proffered Condition 10 Supplemental landscaping to be provided in areas where outdoor gathering and event spaces are located near the Landscaping periphery of the property (Attachment 3, Exhibit B) Proffered Condition 11 Five (5) years Time Limitation Proffered Condition 12 615SN0631-2015JUL22-BOS-RPT While the proposed uses are not specifically enumerated by the Plan, the applicants have proffered conditions to mitigate potential adverse impacts on neighboring properties and have also offered to designate the existing dwelling as a historic landmark. The proffered conditions should limit impacts on adjoining property owners. In addition, the historic landmark designation will continue to preserve Edgewood as a home and business for the applicants. 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 Dale Fire Station, Company Number 11 EMS Facility The Dale Fire Station, Company Number 11 This request will have minimal impact on fire and EMS. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037)banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifiescounty-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 tobe 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) - Summary 715SN0631-2015JUL22-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The proposal’s impacts on the County’s utility system are detailed in the chart below: Water and Wastewater Systems Currently Sizeof Existing LineConnection Required by County Code? Serviced? WaterYes 6”Yes WastewaterYes 8”Yes Additional Information: The proposed request will not impact the public water and wastewater systems . ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard (804-748-1028)pritchardd@chesterfield.gov Environmental Engineering has no comment on this request. 815SN0631-2015JUL22-BOS-RPT CASE HISTORY Applicant Submittals 2/19/15Application submitted 7/2/15Proffers and two exhibits were submitted Community Meetings 4/6/15Issues Discussed The District Planning Commissioner, the applicants and staff attended this meeting at Meadowdale Library Citizens and neighbors expressed opposition to the proposed bed and breakfast and special events business relative to: traffic, parking for customers, noise from outdoor special events, hours and days of operation, the configuration of the dwelling to accommodate lodgers. No opposition to the historic landmark designation was expressed at the community meeting 7/6/15Community meeting is scheduled. Planning Commission Meeting 7/21/15This case is double advertised. If the Planning Commission acts on this case at their July 21, 2015 public hearing, the case will be heard by the Board of Supervisors on Wednesday, July 22, 2015. The Board of Supervisors on Wednesday, July 22, 2015, beginning at 6:30 p.m., will consider this request. 915SN0631-2015JUL22-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS 1.Non-Transferable Ownership: This Conditional Use shall be granted to and for Ruth Cristine Vest and John Edward Vest, exclusively, and shall not be transferable or run with the land with the exception of the applicant’s child, Naomi Jazmin Lee Figueroa, provided said child resides and operates the business on the property. (P) 2.Uses. This Conditional Use shall be limited to the operation of a bed and breakfast and an indoor/outdoor special events business, which is incidental to a dwelling that is occupied by the owners or operator. (P) 3.Hours of Operation: The days and hours of operation are set forth as follows: a.The Special Events business may be open to the public daily with the following restrictions: i.Outdoor Special Events 1.Monday –Friday: 9 a.m. –6 p.m. 2.Saturday:12 p.m. –9 p.m. 3.Sunday: 11 a.m. – 3 p.m. ii.Indoor Special Events 1.Monday –Friday: 9 a.m. –6 p.m. 2.Saturday:12 p.m. –10p.m. 3.Sunday: 11 a.m. – 3 p.m. iii.A maximum of four (4)outdoor special events may be held each month. iv.A maximum of one (1) indoor or outdoor event may occur on the property at any time. b.The Bed and Breakfast may be open to the public daily with a check-in time from 11:00 a.m. to 9:00 p.m. and check out time of 11:00 a.m. (P) 4.Deliveries: No vendor deliveries shall be permitted before 8:00 a.m. or after 7:00 p.m. (P) 5.Sound Measurement at Property Lines: Outdoor music (live and recorded) and sound amplification equipment shall be permitted for the special events use provided that noise levels do not exceed 55 dB(a), as measured at the boundaries of Tax ID 780-688- 6823. Within sixty (60) days of approval and prior to the first outdoor special event, documentation shall be submitted to the Planning Department for review and approval to confirm compliance with this condition. (P) 6.Lighting: No exterior lighting shall be higher than twenty (20) feet. Any temporary exterior lighting that is used for a special event shall be directed away from the boundaries of Tax ID 780-688-6823. No laser lights shall be used. (P) 1015SN0631-2015JUL22-BOS-RPT 7.Expansion of Use: Other than normal maintenanceand cosmetic enhancements, there shall be no exterior additions or alterations to existing structures, nor any new construction, to accommodate this use. This does not restrict the Owners from periodic use of tentage with flooring, concourse and marquee for special events. This does not restrict the Owners from providing necessary accommodations for the handicapped such as ramps. (P) 8.Signage: One (1) sign shall be permitted to identify the bed and breakfast and an indoor/outdoor special events business. The sign shall be limited to a maximum of twelve (12) square feet in area and eight (8) feet in height. Any signage on the property shall be compatible with the existing dwelling. If the sign is constructed as a freestanding sign, it shall be a monument-style sign.Signage shall beexternally illuminated only. (P) 9.Attendance & Occupancy: The maximum number of guests shall be as follows: a.Special Events: Attendance at special events shall be restricted to a maximum of 50 guestsat any one (1) function.Attendance for special events shall also include the lodgers atthe bed and breakfast. b.Bed and Breakfast: No more than four (4) bedrooms shall be occupied by lodgers of the bed and breakfast facility. Occupancy shall be restricted to a maximum of eighteen (18) lodgers. (P) 10.Parking Spaces: A minimum of thirty-four (34) parking spaces, either graveled or situated on the lawn, as shown on Exhibit A, shall be provided for the bed and breakfast and an indoor/outdoor special events business. Parking for these uses shall not be permitted on any street. (P) 11.Landscaping: Landscaping shall be provided to screen outdoor gathering and events spaces on the property. A row of evergreen trees shall be planted and maintained in the areas shown on Exhibit B. These plantings shall be: a.A minimum of thirty-six (36) inches tall at time of planting; b.Planted ten (10) feet on center; c.Installed within six (6) months from the approval date of this request. (P) 12.Time Limitation: This Conditional Use shall be granted for a period not to exceed five (5) years from date of approval. (P) 1115SN0631-2015JUL22-BOS-RPT ATTACHMENT 2 PARKING DIAGRAM (EXHIBIT A) 1215SN0631-2015JUL22-BOS-RPT ATTACHMENT 3 LANDSCAPING DIAGRAM (EXHIBIT B) 1315SN0631-2015JUL22-BOS-RPT