15SN0671
CASE NUMBER: 15SN0671
APPLICANT:
CHESTERFIELD COUNTY, VIRGINIA
ANALYSIS Magisterial District: MIDLOTHIAN
1224 Crowder Drive
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
NOVEMBER 18, 2015
BOS Time Remaining:
365 DAYS
JAMES BARNETT
(804-794-8192)
Planning Department Case Manager:
ROBERT CLAY (804-796-7122)
Agricultural (A) District.
Continued operation of a nd storage yard is
planned.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered conditions are located in Attachment 1.
RECOMMENDATION
PLANNING RECOMMEND APPROVAL
COMMISSION
(10/20/15)
AFTER PUBLIC INPUT, SHOULD THE COMMISSION AND BOARD WISH
TO APPROVE THIS REQUEST, ACCEPTANCE OF THE PROFFERED
CONDITIONS IN ATTACHMENT 1 WOULD BE APPROPRIATE.
The business has been operated on the request property since
STAFF
1975, first incidental to the dwelling, and renewed with
Conditional Use in 2007 as the primary use of the property
Conditions minimize adverse impacts upon neighboring
properties
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
Conditions of Case 07SN0143 prohibited deliveries made by a
tractor trailer truck. This restriction is not proffered with the
current request.
PLANNING
Conditions of Case 07SN0143 limited use to the applicant, J. B.
Barnett. As proffered, use would be limited to the applicant, his
children and/or his grandchild.
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan (Midlothian Area Community Plan)
Classification: VILLAGE SHOPPING DISTRICT
The designation suggests the property is appropriate for a concentration of retail/service activities, including
neighborhood shopping centers, office/service establishments and public facilities.
Map 3: Surrounding Land Uses & Development
Westfield Road
Sycamore Square
Shopping Center
Commercial (Pet
Shop/Grooming)
Office Use
Commercial Zoning
Office/Commercial
Commercial
(Landscaping Business)
Crowder Drive
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PLANNING
Staff Contact: Robert Clay (804-796-7122) clayr@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Special Exception to operate a heating and air
Approved
75A181
conditioning business incidental to a dwelling for two
(9/1975)
(2) years
Special Exception to operate a heating and air
Approved
78A244
conditioning business incidental to a dwelling for three
(09/1978)
(3) years
Approved amendment to Special Exception relative to
Approved and number of customers on property at any one time
80A104 Denied
Denied amendment to Special Exception relative to
(07/1980)
parking of commercial and customer vehicles in the
front and side yards
Renewal of Special Exception to operate a heating and
Approved
87AR0073
air conditioning business incidental to a dwelling for
(09/1987)
five (5) years
Renewal of Special Exception to operate a heating and
Approved
93AR0217
air conditioning business incidental to a dwelling for
(01/1994)
seven (7) years
Business is no longer incidental to a dwelling
Approved
07SN0143
Rezoning to Agricultural (A) with CU to permit
(05/2007)
op and storage yard for seven (7) years
USE HISTORY
with the approval of numerous Special Exceptions. Conditions have been modified over time to
accommodate operational changes. The business has been permitted as the principle use of the
property since approval of a conditional use in 2007, Case 07SN0143. The conditional use expired
in May 2014.
Given the land use recommendations and area development patterns, staff was not
supportive of the most recent renewal in 2007. At that time staff worked with the applicant to
develop limitations on the use to minimize its impacts on area properties. The case was approved
with no citizen opposition at the Pl
There have been no known adverse impacts resulting from the 2007 approval permitting the
business as the principle use.
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PROPOSAL
Continued operation of a heating and air conditioning contis
proposed as the primary use of the property. The proffered conditions offered in this case are
consistent with those approved in 2007, with two (2) exceptions:
The prohibition on tractor trailer deliveries has been removed. The applicant notes other
commercial uses along Crowder Drive do not have a similar restriction.
Originally limited to the applicant, J. B. Barnett, the use is now limited to the applicant,
his children and/or his grandchild. The applicant notes that this has been done to secure
the operation for immediate family members.
The chart below provides an overview of the proffered limitations offered for the proposed
use:
General Overview
Requirements Details
Applicant, his children and/or grandchild only
Ownership and Time Limitation
Five (5) years
tƩƚŅŅĻƩĻķ /ƚƓķźƷźƚƓ Њ
Heating and Air conditioning business with 6
employees
Use Limitations
Limited Agricultural (A) uses
tƩƚŅŅĻƩĻķ /ƚƓķźƷźƚƓƭ Ћ ğƓķ В
Not permitted
Exterior Additions
tƩƚŅŅĻƩĻķ /ƚƓķźƷźƚƓ Ќ
Not permitted
Exterior Operations
tƩƚŅŅĻƩĻķ /ƚƓķźƷźƚƓ Ѝ
1 sign, maximum of 6 square feet
Signage
tƩƚŅŅĻƩĻķ /ƚƓķźƷźƚƓ Ў
Limited to 5 on property at any one time
Customers
tƩƚŅŅĻƩĻķ /ƚƓķźƷźƚƓ Џ
Not before 8 a.m. or after 6 p.m.
Delivery Times
tƩƚŅŅĻƩĻķ /ƚƓķźƷźƚƓ А
7 a.m. to 9 p.m., Monday through Saturday
Hours of Operation
tƩƚŅŅĻƩĻķ /ƚƓķźƷźƚƓ Б
As restricted
Uses
tƩƚŅŅĻƩĻķ /ƚƓķźƷźƚƓ В
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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 Station The Midlothian Fire Station, Company Number 5
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, 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
To date, no comments have been received.
WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
The are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing Line Connection Required by County Code?
Serviced?
Water No 8 No
Wastewater No 8 No
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
06/09/15 Application submitted
07/21/15 Proffers submitted
09/24/15 Revised proffer submitted
10/12/15 Revised proffer submitted
10/14/15 Revised proffer submitted
10/20/15 Revised proffer submitted during commission meeting
Community Meeting
09/22/15 Issues Discussed
Area citizens support continuation of this business:
Character of area has changed
Removal of time limit
Post office and other businesses in area
Residential no longer viable along Crowder Drive
Planning Commission Meeting
08/18/15
Citizen Comments
No citizens spoke to this case
Commission Discussion
To allow time for the applicant to have a community meeting, Mr. Waller
indicated his intent to defer this case.
Action DEFERRED TO OCTOBER 20, 2015.
10/20/15
Citizen Comments
Petition with 32 names and forms from 24 neighbors in support
Asset to neighborhood and good neighbor
Proffered time limit is appropriate
Commission Discussion
The Commission discussed a shorter time limit for this use than the seven
(7) years requested by the applicant, given the Midlothian Area Community
Special Area Plan would soon be under review. They agreed five (5) years
was sufficient and the applicant agreed to amend his proffer to reflect a 5-
year time limit.
Recommendation APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Waller Second: Wallin
AYES: Gulley, Waller, Brown, Patton and Wallin
The Board of Supervisors on Wednesday, November 18, 2015, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
Recommended by both staff and Planning Commission
(STAFF/CPC) 1. This Conditional Use shall be granted to and for J. B. Barnett and/or his
son Stewart C. Barnett, his daughters Cynthia B. Mitchell and Dolores B.
Moss, and his granddaughter Jordan K. Barnett, exclusively, for a period
not to exceed five (5) years and shall not be transferable or run with the
land. (P)
(STAFF/CPC) 2. This Conditional Use shall be limited to the operation of a heating and air
conditioning business, exclusively, and a maximum of six (6) employees,
other than the applicant and his immediately family members, shall be
permitted. (P)
(STAFF/CPC) 3. Other than normal maintenance or improvements necessary to meet the
Virginia Statewide Building Code, there shall be no exterior additions or
alterations to the structures. (P and BI)
(STAFF/CPC) 4. All work, with the exception of parking associated with the business, shall
be conducted entirely within an enclosed building. (P)
(STAFF/CPC) 5. One (1) sign shall be permitted and shall not exceed six (6) square feet.
(P)
(STAFF/CPC) 6. No more than five (5) customers shall be permitted on the property at
any one (1) time. (P)
(STAFF/CPC) 7. No deliveries shall be permitted before 8:00 a.m. or after 6:00 p.m. (P)
(STAFF/CPC) 8. Hours of operation shall be restricted to between 7:00 a.m. and 9:00
p.m., Monday through Saturday. No Sunday operation shall be
permitted. (P)
(STAFF/CPC) 9. In addition to the heating and air conditioning business permitted as
conditioned herein, uses permitted on the property shall be limited to
those uses permitted by right or with restrictions in the Agricultural (A)
District, except that the following uses shall not be permitted:
a.Model homes;
b.Communications towers;
c.Forestry operations and sawmills together with the incidental uses
thereof;
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d.Private kennels; and
Manufactured homes.(P)
e.
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