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16SN0683 CASE NUMBER: 16SN0683 APPLICANT: Pamela P. Buyalos and James F. Buyalos, Jr. CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: BERMUDA 10816 Surry Circle AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: APRIL 27, 2016 BOS Time Remaining: 365 DAYS Applicant’s Agent: KERRY HUTCHERSON (804-748-4671) Applicant’s Contact: PAMELA P. BUYALOS JAMES F. BUYALOS, JR. (804-796-6576) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANTS’ REQUEST Conditional use to permit a business (grounds and landscape maintenance) incidental to a dwelling in a Residential (R-12) District A grounds and landscape maintenance 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. RECOMMENDATIONS RECOMMEND APPROVAL PLANNING Conditions minimize impacts COMMISSION Provides community service and supported by neighboring (3/15/2016) property owners 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 Department Issue Plan suggests residential uses as appropriate for this area Use represents commercial encroachment within a residential PLANNING area No days and hours of operation specified for use FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING REVITALIZATION - 216SN0683-2016APR27-BOS-RPT 316SN0683-2016APR27-BOS-RPT Map 2: Comprehensive Plan (The Chester Plan) Classification: RESIDENTIAL The designation suggests the property is appropriate for 1.5 dwellings per acreor less. Map 3: Surrounding Land Uses & Development Surry Circle Single-family Residential (Carrisbrook at Mineola) Belvoir Road 416SN0683-2016APR27-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Approved Rezoning from A and M-1to R-12, R-15 and B-3 of 344.4 79SN0118 (01/23/1980) acres. PROPOSAL The applicants, who are running a grounds and landscape maintenancebusiness, have been operating a business from this property since 1989 without the required zoning. In March 2015, the Planning Department received a complaint relative to the operation of a landscaping business on the request property. Upon investigation, staff observed several company vehicles, vehicle trailers,and equipment. The applicantsconveyed 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 grounds and landscape maintenance business was being operated incidental to a dwelling, requiring a conditional use. The following provides an overview of conditions offered by the applicant to minimize the impact of the use on area properties: General Overview Requirements Details Limited to a landscaping and grounds maintenance Use business, incidental to a dwelling Proffered Condition 1 Limited to the applicants only Ownership Proffered Condition 2 Limited to 5years Time Limitation Proffered Condition 3 Two (2) service trucks One (1) dump truck Equipment/Material Storage Three (3) snow plow moldboards One (1) multi-axle trailer Proffered Condition 4 Confined to existing dwelling, accessory buildings and Location of Use the outside storage areas Exhibit A & Proffered Condition 5 Existing six (6) foot tall fence to be maintained in side and Screening rear yards Proffered Condition 6 516SN0683-2016APR27-BOS-RPT General Overview(Continued) Requirements Details No more than 1 employee Employees and Clients No clients Proffered Condition 7 None permitted Signage Proffered Condition 8 616SN0683-2016APR27-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 Chester Fire Station, Company Number 1 EMS Facility The Chester Fire Station, Company Number 1 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 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 request. Summary 716SN0683-2016APR27-BOS-RPT 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 Additional Information: The proposed request will not impact the public water and wastewater systems. ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Stormwater Issue Discussion/Conditions An existing 8-foot easement is located along the rear of the property. Easements No permanent structures shall be located within the easement without first obtaining a license agreement from the Board of Supervisors. REVITALIZATION Staff Contact: Carl Schlaudt(804-318-8674) schlaudtc@chesterfield.gov The subject site is not located in a revitalization area. The Revitalization Office has no comment on this proposal. 816SN0683-2016APR27-BOS-RPT CASE HISTORY Applicant Submittals 1/8/16 Application and proffers submitted 2/24/16 Revised proffers were submitted Community Meeting 2/22/16Issues Discussed Types and location of equipment stored on property Maintenance of existing fence in side and rear yard Neighbors attending the meeting were in support of the zoning request Planning Commission Meeting 3/15/16Citizen Comments No citizens spoke to this case. Commission Discussion Community meeting held with citizens in support of case Proffered conditions minimize impacts on area properties Five year time limitation provides opportunity to assess for continued compatibility with neighborhood Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Sloan Second: Jackson AYES: Wallin, Sloan, Freye, Jackson and Jones The Board of Supervisors on Wednesday, April, 27, 2016, beginning at 6:30 p.m., will consider this request. 916SN0683-2016APR27-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: “CPC” – Recommended by the Planning Commission only (CPC) 1.Use:This Conditional Use approval shall be for the operation of a contractor’s office and storage yard (landscaping and grounds maintenance business), incidental to a dwelling. (P) (CPC) 2.Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively to James F. Buyalos, Jr. and Pamela P. Buyalos, and shall not be transferable with the land.(P) (CPC) 3.Time Limitation: This Conditional Use shall be granted for a period of five (5) years.(P) (CPC) 4.Equipment Storage: As part of the business, the following equipment may be parked or stored on the Property: a.Two (2) service trucks b.One (1) dump truck c.Three (3) snow plow moldboards d.One (1) multi-axle trailer No other equipment or materials may be parked or stored on the Property, unless it is concealed within the dwelling or an accessory structure. (P) (CPC) 5.Location of Use: The Conditional Use shall be confined to the dwelling, accessory buildings, and the storage and parking areas noted on Exhibit A, dated February 23, 2016. (P) (CPC) 6.Screening: The existing privacy fence, measuring a minimum of six (6) feet tall, being constructed as a wooden board-on-board fence, and extending along the rear and side yards of the Property shall be maintained. (P) (CPC) 7.Employees and Clients:No more than one (1) employee shall be permitted to work on the Property. No clients shall be permitted on the Property. (P) (CPC) 8.Signage: There shall be no signs identifying this use. (P) 1016SN0683-2016APR27-BOS-RPT ATTACHMENT 2 EXHIBIT A 1116SN0683-2016APR27-BOS-RPT