15SN0664
CASE NUMBER: 15SN0664
APPLICANT: Lee M. Singleton
CHESTERFIELD COUNTY, VIRGINIA
STAFF’SANALYSISMagisterial District: MIDLOTHIAN
AND 901 Ruthers Road
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
AUGUST 26, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
LEE M. SINGLETON
(804-385-0355)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
Conditional use to permit a contractor’s shop and storage yard (tree service business) in an
Agricultural (A) District.
A tree service business with associated equipment is currently operatingfrom 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
Conditions will minimize impacts on adjacent properties
(7/21/2015)
RECOMMEND DENIAL
STAFF Does not complywith Plan
Commercial encroachment within a residential neighborhood
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
Plansuggests residentialuses appropriate for this area
Business is not incidental to a dwelling
PLANNING
Use represents commercial encroachment within a residential
area
FIRE-
CDOT-
VDOT-
UTILITIES-
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan(The Eastern Midlothian Plan)
Classification: RESIDENTIAL
The designation suggests the property is appropriate for2.51to 4.0 dwellings per acre.
Map 3: Surrounding Land Uses & Development
Single-family
residential
County water tower facilities
Turner Road
RuthersRoad
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
PROPOSAL
The applicant, who is a tree service contractor, has been operating a business from this property
since November 2013 without the required zoning.
In March2015, the Planning Department received a complaint relative to the operation of a tree
service business on the request property. Upon investigation, staff observed several company
vehicles, vehicle trailers, and wood chipperequipment. The applicant conveyed to staff that the
residence is used as an office for the business only and that no one resides on the premises. It was
determined that a tree service business was being operated from the property, requiring a
conditional use.
The following provides an overview of conditions offered by the applicant to minimizethe impact
of the use on area properties:
General Overview
Requirements Details
Limited to the applicantonly
Ownership
Proffered Condition 1
Limited to a tree service business
Use
Proffered Condition 2
Limited to 1year
Time Limitation
Proffered Condition 3
Five (5) service trucks
One (1) trailer
Equipment/Material Storage
Two (2) tractors
Proffered Condition 4
Confined to existing dwelling, accessory buildings and
Location of Use
the outside storage areas
Exhibit A & Proffered Condition 5
Extension of fence to provide screening of outside storage
Screeningareas from Ruthers Road
Proffered Condition 6
Exhibit A &
No more than 7employees
Employees and Clients
No clients
Proffered Condition 7
None permitted
Signage
Proffered Condition 8
Monday through Fridayfrom 7:30a.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 Buford Fire Station, Company Number 9
EMS Facility The Forest View Volunteer Rescue Squad
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 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 particular concern with a tree
care service incidental to residential use of
a property. VDOT acknowledges that this
issue is for County determination. A low
Summary volume commercial entrance, as access to
the property, may be considered if
customers conduct business at the site, or
trucks heavier than “pickup” trucks are
involved.
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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 12”Yes
WastewaterNoN.A. No
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.
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CASE HISTORY
Applicant Submittals
5/12/15Application submitted
7/2/15Proffers were submitted
7/21/15Proffer amended at public hearing to reduce time limit to one (1) year
Community Meeting
7/7/15Issues Discussed:
The District Commissioner, applicant and staff attended this meeting at
the LaPrade Library
No neighbors or citizens attended the meeting
Planning Commission Meeting
7/21/15 Citizen Comments
Two citizens spoke in opposition tothis case, noting that the request is the
result of complaint and that the business use is encroaching into a
residential area.
Commission Discussion
The Commission noted their support for this case:
Community meeting was conducted
Conditions will minimize impacts on adjacent properties and the
applicant agreed to reducethe time limit from five (5) years to one (1)
year
Request would allow applicant time to find an alternate location for the
business
Recommendation – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion:WallerSecond: Brown
AYES: Gulley, Waller, Brown and Wallin
ABSENT: Patton
The Board of Supervisors on Wednesday, August 26, 2015, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
“CPC” –Recommended by the Planning Commission only
(CPC)1.Non-Transferable Ownership: This Conditional Use approval shall be granted
exclusively to Lee Singleton, and shall not be transferable with the land. (P)
(CPC)2.Use: This Conditional Use approval shall be for the operation of a contractor’s office
and storage yard (tree service business). (P)
(CPC)3.Time Limitation: This Conditional Use approval shall be granted for a period not to
exceed one (1) yearfrom the date of approval. (P)
(CPC)4.Equipment Storage: As a part of this business, the following equipment may be
stored on the property:
A.Five (5) service trucks
B.One (1) trailer
C.Two (2) tractors
No other equipment or materials may be stored on the property for this use. (P)
(CPC)5.Location of Use: The use shall be confined to the existing dwelling, accessory
buildings and the storage areas noted on Exhibit A, dated June 10, 2015.(P)
(CPC)6.Screening: A privacy fence, as shown on Exhibit A, shall be installed within ninety
(90) days of approval. The fence shall be a minimum of six (6) feet tall, located
within the side yard of the contractor’s office, and be constructed as a wooden
board-on-board fence. (P)
(CPC)7.Employees and Clients: No more than seven (7) employees shall be permitted to
work 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: The contractor’s office and storage yard (tree service
business), to include the movement of equipment, shall be limited to Monday
through Friday from 7:30 a.m. to 5:00 p.m. (P)
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ATTACHMENT 2
EXHIBIT A
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