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15SN0673 CASE NUMBER: 15SN0673 APPLICANT: Frederick Izeal Gholson CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: DALE 5918 Silver Oak Lane AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: NOVEMBER 18, 2015 BOS Time Remaining: 365 DAYS Applicant’s Contact: FREDERICK IZEAL GHOLSON (804-306-7894) Planning Department Case Manager: ROBERT CLAY (804-796-7122) APPLICANTS’ REQUEST Conditional use to permit the parking of a commercial vehicle (semi-tractor) and amendment of zoningdistrict map in a Residential (R-9) District The applicant currently parks a commercial vehicle in the driveway of his single-family residence. The vehicle does not meet Ordinance restrictions relative to axles and weight to permit parking in an “R” District. Conditional use approval is requested to allow the vehicle to remain until a more suitable and permanent location can be found. 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 (10/20/15) RECOMMEND DENIAL STAFF Commercial encroachment within a residential neighborhood Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue Incompatible with area residential uses PLANNING Dominates view along the street Represents commercial storage FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 215SN0673-2015NOV18-BOS-RPT 315SN0673-2015NOV18-BOS-RPT Map 2: Comprehensive Plan Classification: SUBURBAN RESIDENTIAL II The designation suggests the property is appropriate for residential development of 2.0 to 4.0 dwellings per acre. Map 3: Surrounding Land Uses & Development Silver Oak Lane Meadow Oaks Subdivision Subject Property Chippenham Parkway 415SN0673-2015NOV18-BOS-RPT PLANNING Staff Contact: Robert Clay(804-796-7122) clayr@chesterfield.gov PROPOSAL The applicant, who is a commercial truck driver, has been parking his commercial truck on this property since early 2015 without the required zoning. In April and May of 2015,the Planning Department received complaints relative to the parking of a tractor trailer in a residential district. Upon investigation, staff determined that the semi-tractor, which was parked at the owner’s residence, did not meet limitations of the Ordinance. Specifically, the Zoning Ordinance permits the parking of a commercial vehicle with an associated residential use, excluding school bus parking, in residential districts subject to specific restrictions. If any of these restrictions cannot be met, the use may be allowed by conditional use. The following provides an overview of Ordinance limitations on vehicle parking in R Districts as compared to the applicant’s request: Truck Parking in R Districts Ordinance Limitations Applicant’s Request Two (2) axles Three (3) axles 10,000 pounds 17,000 pounds Vehicle does not tow disabled, Complies with Ordinance wrecked or junked vehicles Given that the number of axles and weight of the truck exceed Ordinance limitations, the applicant is seeking conditional use approval to permit parking of the truck at his residence until he can find a permanent location. The following provides an overview of conditions offered by the applicant to minimize the impact of this use on area properties. General Overview Requirements Details Limited to the applicant, only Ownership Proffered Condition 1 Limited to vehicle not exceeding 3 axels and 17,000 Use pounds Proffered Condition 2 One year Time Limitation Proffered Condition 3 Off-street (driveway) Location of Vehicle Proffered Condition 4 515SN0673-2015NOV18-BOS-RPT 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 Bensley Fire Station, Company Number 3 EMS Facility The Bensley-Bermuda 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 This request will have minimal impact on the existing transportation network. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT has no objection to parking a tractor-trailer cab in a private driveway. 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 6”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 no comment on this request. 615SN0673-2015NOV18-BOS-RPT CASE HISTORY Applicant Submittals 6/29/15 Application submitted 9/2/15 Proffers submitted Community Meeting 10/13/15 No citizens attended meeting Planning Commission Meeting 09/15/15 Commission Discussion To allow time for the applicant to have a community meeting, Dr. Brown indicated his intent to defer this case. Action – DEFERRED TO OCTOBER 20, 2015. 10/20/15 Citizen Comments No citizens spoke to this case Commission Discussion Dr. Brown and Mr. Patton indicated support for the request, noting: Applicant is actively looking for alternative parking location Other nearby areas where truck parking is permitted in right of way Mr. Gulley noted this use is incompatible with the single-family residential neighborhood, and expressed concern that this use could continue beyond one year if renewal is requested. Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Brown Second:Waller AYE: Waller, Brown, Patton and Wallin NAY: Gulley The Board of Supervisors on Wednesday, November 18, 2015, beginning at 6:30 p.m., will consider this request. 715SN0673-2015NOV18-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: “CPC” – Recommended by the Planning Commission I hereby proffer the following conditions for Case 15SN0673: (CPC) 1. Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively to Frederick Izeal Gholson, and shall not be transferable nor run with the land. (P) (CPC) 2. Use: This Conditional Use approval shall be for the parking of a commercial vehicle having no more than 3 axels and not exceeding 17,000 pounds. (P) (CPC) 3. Time Limitation: This Conditional Use approval shall be granted for a period not to exceed 1 year from the date of approval. (P) (CPC) 4. Location of Vehicle: The vehicle shall be parked off of the street and in the driveway only.(P) 815SN0673-2015NOV18-BOS-RPT