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CASE NUMBER: 16SN0723
APPLICANT: Wilfredo Vargas
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: DALE
7520 Ponce De Leon Drive
AND
RECOMMENDATION
Board of Supervisors
Public Hearing Date:
AUGUST 24, 2016
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
WILFREDO VARGAS
(804-437-9352)
Planning Department Case Manager:
JANE PETERSON (804-748-1045)
APPLICANT’S REQUEST
Conditional use to permit an automobile towing business, incidental to a dwelling, in a
Residential (R-7) District.
An automobile towing business 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.Conditions are located in Attachment 1.
RECOMMENDATION
RECOMMEND APPROVAL
PLANNING
COMMISSION
(7/19/2016)
RECOMMEND APPROVAL
Conditions minimize impacts
STAFF
Time limitation will permit reevaluation of use for continued
compatibility with area residential development
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING -
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
REVITALIZATION -
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Map 2: Comprehensive Plan
Classification: SUBURBAN RESIDENTIAL II
The designation suggests the property is appropriate for 2.0 to 4.0 dwellings per acre.
Map 3: Surrounding Land Uses & Development
Bellbrook Drive
Single family
residential –
Beulah Village
Subdivision
Single family residential
Wannee Way
Ponce De Leon Rd
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PLANNING
Staff Contact: Jane Peterson (804-748-1045) petersonj@chesterfield.gov
PROPOSAL
The applicant currently operates an automobile towing business from the home without the
required zoning.
In February2015, the Planning Department received a complaint relative to theparking of two (2)
tow trucks on the request property. Upon investigation, staff observed one (1) tow truck. The
applicant conveyed to staff that he owns and operates an automobile towing business from the
home consisting of one (1) tow truck. A home occupation, as a restricted use in residentially-zoned
areas, allows the parking of one (1) motor vehicle associated with the business. However, this
vehicle cannot be one that tows or hauls disabled or junked vehicles. As such, it was determined
that a conditional use was required as a business operated incidental to a dwelling.
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 an automobile towing business, incidental to
Use
a dwelling
Condition 1
Limited to the applicant only
Ownership
Condition 2
Limited to 1 year
Time Limitation
Condition 3
One (1) tow truck, maximum of nineteen (19) feet
Vehicle/Equipment/Materials
in length and parked in driveway
Storage
No other vehicles, equipment or materials
Condition 4
Between 2:00 p.m. and 8:00 p.m. daily
Hours/Days of Operation
Condition 5
No towed vehicles brought to property
Automobile Repair/Storage
No vehicle repair at property
Condition 6
No exterior alterations to accommodate business
Improvements
Condition 7
No employees or clients on property
Employees/Clients
Condition 8
No signage identifying business
Signage
Condition 9
Given that this request was generated as a result of a complaint, the suggested time limit of
two (2) years will permit reevaluation of the use to ensure, as conditioned, compatibility with
area residential development is maintained.
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
This request will have minimal impact on Fire and EMS.
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Bensley Fire Station, Company Number 3
EMS Facility The Bensley Fire Station, Company Number 3
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 proposal’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 adversely impact the public water and wastewater systems.
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ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Stormwater
Issue Discussion/Conditions
Geography Property is located within the Kingsland Creek Watershed
Erosion and If greater than 2,500 square feet of total land disturbance will occur with
Sediment Control any proposed improvements, a land disturbance permit will be required
REVITALIZATION
Staff Contact: Carl Schlaudt(804-318-8674) schlaudtc@chesterfield.gov
The subject site is located in the Beulah Elementary School revitalization area. As conditioned,
the Revitalization Office has no issues with the requested home-based business on a temporary
basis.
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CASE HISTORY
Applicant Submittals
5/6/16 Application submitted
Community Meeting
7/8/16 Community meeting was held.
No citizens attended.
Planning Commission Meeting
7/19/16Citizen Comments
No citizens spoke to this case.
Commission Discussion
Community meeting conducted; no one in attendance
One letter of opposition received from adjacent out-of-state property
owner regarding code violations prior to applicant’s involvement with
property
Recommend time limit conditioned for one (1) rather than two (2) years
In response to a question of the Commission’s, the applicant agreed to the one
year time limit.
Recommendation – APPROVAL SUBJECT TO CONDITIONS IN
ATTACHMENT 1
Motion: Jackson Second: Jones
AYES: Wallin, Sloan, Freye, Jackson and Jones
The Board of Supervisors on Wednesday, August 24, 2016, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note:
The following conditions were recommended by both staff and the Planning Commission
1.Use:This Conditional Use approval shall be for the operation of a business
(automobile towing) incidental to a dwelling. (P)
2.Non-Transferable Ownership: This Conditional Use shall be granted to Wilfredo
Vargas, exclusively, and shall not be transferable nor run with the land. (P)
3.Time Limitation: This Conditional Use shall be granted for a period of one (1)
year. (P)
4.Vehicle: In association with the business, a maximum of one (1) tow truck shall
be permitted to be parked on the Property. This tow truck shall not exceed
nineteen (19) feet in length and shall be parked in the existing driveway serving
the dwelling. No other vehicles, equipment or materials associated with the
business may be parked or stored on the Property. (P)
5.Hours/Days of Operation. Hours for operating the towing service shall be limited
to between 2:00 p.m. and 8:00 p.m., Monday through Sunday. (P)
6.Automobile Repair and Storage. No towed vehicles shall be brought to, nor
stored on, the property. No vehicle repair shall be permitted in association with
this Conditional Use. (P)
7.Improvements: No external alterations to the dwelling or Property shall be
permitted to accommodate the business. (P)
8.Employees and Clients: No employees of the business shall be permitted on the
Property. No clients shall be permitted on the Property. (P)
9.Signage: There shall be no signs identifying this business use. (P)
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