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 -
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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
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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
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General Overview(Continued)
Requirements Details
No more than 1 employee
Employees and Clients
No clients
Proffered Condition 7
None permitted
Signage
Proffered Condition 8
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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 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
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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 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.
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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.
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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)
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ATTACHMENT 2
EXHIBIT A
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