15SN0669
CASE NUMBER: 15SN0669
APPLICANT: Brian A. Greene
CHESTERFIELD COUNTY, VIRGINIA
STAFF’SANALYSISMagisterial District: MIDLOTHIAN
AND 800 Ruthers Road
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
SEPTEMBER16, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
BRIAN A. GREENE
(804-426-2037)
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) incidental
to a dwelling, 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 and an exhibit are located in Attachments1and 2.
RECOMMENDATION
RECOMMEND APPROVAL
PLANNING
COMMISSION
Conditions will minimize impacts on adjacent properties
(8/18/2015)
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 as appropriate for this area
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
Ruthers Road
Providence Middle School
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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 2003without the required zoning.
In March 2015, 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 part
of the residence and property is used as an office and storage yard for the business. It was
determined that a tree service business was being operated incidental to a dwelling,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, incidental to a
Use
dwelling
Proffered Condition 2
Limited to 3years
Time Limitation
Proffered Condition 3
One (1) bucket truck
One (1) grapple truck
One (1) chipper
Equipment/Material Storage
Two (2) trailers
Two (2) loaders
Proffered Condition 4
Confined to existing dwelling, accessory buildings and
Location of Use
the outside storage areas
Exhibit A & Proffered Condition 5
No more than 5employees
Employees and Clients
No clients
Proffered Condition 7
None permitted
Signage
Proffered Condition 8
Monday through Fridayfrom 7:00 a.m. to 5:30p.m.
Hours of Operation
Saturday from 7:30 a.m. to 1:00p.m.
Proffered Condition 9
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS)Facilities
Fire StationThe 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 comment on this case.
Summary
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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
Wastewater No NA 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
6/2/15Application submitted
8/3/15Proffers were submitted
8/18/15Proffer amended at public hearing to reduce time limit to three(3) years
Community Meetings
7/7/15Issues Discussed:
The District Commissioner, applicant and staff attended this meeting at
the LaPrade Library
Neighbors of the applicant attended the meeting and asked questions
relative to hours of operation and the equipment/vehicles stored on the
property. No opposition was expressed at the community meeting.
Planning Commission Meeting
8/18/15 Citizen Comments
No citizens spoke to this case.
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 reduce the time limit from five (5) years to three (3)
years
Applicant will continue to live on the premiseswhile operating the
business
Recommendation – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion:WallerSecond: Brown
AYES: Gulley, Waller, Brown, Pattonand Wallin
The Board of Supervisors on Wednesday, September 16, 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 Brian A. Greene, 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), incidental to a dwelling. (P)
(CPC)3. Time Limitation: This Conditional Use approval shall be granted for a period not to
exceed three (3) years from 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.One (1) bucket truck
b.One (1) grapple truck
c.One (1) chipper
d.Two (2) trailer
e.Two (2) loaders
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 July 29, 2015.(P)
(CPC)6. Employees and Clients: No more than five (5) employees shall be permitted to
work on the premises. No clients shall be permitted on the property. (P)
(CPC)7. Signage: There shall be no signs identifying this use. (P)
(CPC)8. 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 7:00 a.m. to 5:30 p.m. and Saturday from 7:30 a.m. to 1:00
p.m. There shall be no operation of the use on Sunday. (P)
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ATTACHMENT 2
EXHIBIT A
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