15SN0651
CASE NUMBER: 15SN0651
APPLICANT: Ediberto Hernandez Castillo
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MIDLOTHIAN
6712 Walmsey Blvd
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
SEPTEMBER 16, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
EDIBERTO HERNANDEZ CASTILLO
(804-389-3286)
Planning Department Case Manager:
ROBERT CLAY (804-796-7122)
APPLICANT’S REQUEST
Conditional use to permit a business (tree service) incidental to a dwelling, in a Residential (R-7)
District
A tree service business with associated equipment is currently operating 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 and an exhibit are located in Attachments 1 and 2.
RECOMMENDATION
RECOMMEND APPROVAL
PLANNING
COMMISSION
(8/18/2015)
RECOMMEND APPROVAL
Complies with the Plan
STAFF
Addresses impacts of use on area development
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING -
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan (Route 360 Corridor Plan)
Classification: MIXED USE CORRIDOR
The designation suggests the property is appropriate for a mixture of residential developments incorporating
high quality architectural features and site amenities and using “cluster” design to maintain open space, and
corporate office uses; churches, public facilities and other uses with similar impacts. The Plan allows for the
conversion of existing residences for interim non-residential uses.
Map 3: Surrounding Land Uses & Development
Marlboro
Walmsey Boulevard
Amber Leaves Apartments
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PLANNING
Staff Contact: Robert Clay(804-796-7122) clayr@chesterfield.gov
PROPOSAL
The applicant, who is a tree service contractor, has been operating the business from this property
since 2013 without the required zoning.
In January, 2015, the Planning Department received a complaint relative to the operation of a tree
service business on the request property. Upon investigation, staff observed vehicles, vehicle
trailers, and wood chipper equipment associated with a tree service business. The applicant
conveyed to staff that he and his family reside in the residence and he operates the business
incidental to the residence. He was informed to continue operating the business from this location
would require an approval of a conditional use.
AREA DEVELOPMENT AND THE PLAN
The subject property and area parcels located on the north line of Walmsey Boulevard, between
Goodes Bridge Road and Lancers Boulevard, are occupied by single family residences. While
residentially-zoned, the Plan anticipates these parcels will eventually be redeveloped for non-
residential uses. As such, the Plan supports conversion of these dwellings for interim uses, to
include office and public/semi-public uses. Longer term, the Plan anticipates aggregation and
redevelopment of these properties as part of a larger commercial or light industrial development
plan fronting Goodes Bridge Road, employingappropriate transition to adjacent residential uses.
The chart on the following page provides an overview of conditions offered by the applicant to
mitigate the impact of the home-based tree service business on area properties:
515SN0651-2015SEP23-BOS-RPT
General Overview
Requirements Details
Limited to the applicant only
Ownership
Proffered Condition 1
Limited to a tree service business
Use
Proffered Condition 2
Limited to 5years
Time Limitation
Proffered Condition 3
Trailer
Wood Chipper
Stump Grinder
Equipment/Material Storage
Dump Truck
Pickup Truck
Firewood
Proffered Condition 4
Confined to rear of property
Location of Use
Proffered Condition 5
Minimum 6-foot privacy fence shall be installed around
Screening the outside storage area.
Proffered Condition 6
No more than 3 employees
Employees and Clients
No clients
Proffered Condition 7
None permitted
Signage
Proffered Condition 8
Monday through Saturday from 8:00 a.m. to 6:00p.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 Manchester Fire Station, Company Number 2
EMS Facility The Forest View Volunteer Rescue Squad
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037)banksj@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)
-
Summary
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Theproposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water Yes 12”Yes
Wastewater Yes 8”Yes
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 not comment on this request.
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CASE HISTORY
Applicant Submittals
4/15/15 Application submitted
7/16/15 Proffers submitted
Community Meetings
7/20/15 Community meeting –no one attended
Planning Commission Meeting
7/21/15
Commission Discussion
The District Commissioner indicated he would like to defer the case to
allow additional time for the applicant to work with staff. He felt this could
be done within the next 30 days.
ACTION: DEFERRED TO THE COMMISSION’S AUGUST 18, 2015
PUBLIC HEARING
8/18/15
Citizen Comments
No citizens spoke to this cas e
Commission Discussion
Mr. Waller noted the proposal complies with the Comprehensive Plan and
is not out of character with area development and similar cases that had
been previously approved. .
ACTION: APPROVED WITH ACCEPTANCE OF THE PROFFERED
CONDITIONS IN ATTACHMENT 1
Motion: Waller Seconded: Brown
AYES: Gulley, Waller, Brown, Patton and Wallin
915SN0651-2015SEP23-BOS-RPT
ATTACHMENT 1
PROFFERED CONDITIONS
Note:
“STAFF/CPC” – Recommended byboth staff and thePlanning Commission
(STAFF/CPC)1. Non-Transferable Ownership: This Conditional Use approval shall be
granted exclusively to Heriberto Hernandez Castillo, and shall not be
transferable with the land. (P)
(STAFF/CPC)2. Use: This Conditional Use approval shall be for the operation of a business
(tree service), incidental to a dwelling. (P)
(STAFF/CPC)3. Time Limitation: This Conditional Use approval shall be granted for a
period not to exceed five (5) years from the date of approval. (P)
(STAFF/CPC)4. Equipment Storage: As a part of this business thefollowing equipment
and material may be stored on the property. No other equipment for this
use may be allowed:
Trailer
Wood Chipper
Stump Grinder
Dump Truck
Pickup Truck
Firewood (P)
(STAFF/CPC)5. Location of Use: The use shall be confined to the rear of the property.
(P)
(STAFF/CPC)6. Screening: A minimum six (6) foot high privacy fence shall be installed to
screen the outside storage area from adjacent properties and from public
rights-of-way. The fence shall be constructed as a board-on-board fence
and shall be installed within 90 days of approval of this request. (P)
(STAFF/CPC)7. Employees and Clients: No more than three (3) 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)
(STAFF/CPC)8. Signage: There shall be no signs identifying this use. (P)
(STAFF/CPC)9. Hours of Operation: Movement of equipment shall be limited to Monday
through Saturday from 8:00 a.m. to 6:00 p.m.(P)
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ATTACHMENT 2
GRAPHIC
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