16SN0729
CASE NUMBER: 16SN0729
APPLICANT: Frederick Key
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: CLOVER HILL
12116 Brookview Drive
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
SEPTEMBER 28, 2016
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
FREDERICK KEY
(804-745-4715)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’SREQUEST
Conditional use to permit a business (automobile towing service) incidental to a dwelling in a
Residential (R-15) District.
An automobile towing service (wrecker business) is currently operated from the applicant’s home
and accessory buildings without the requisite zoning. Previous special exception approval for this
use expired in 2005. Approval of this conditional use would bring the use back into compliance
with Ordinance requirements.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions and an exhibit are located in Attachments 1 and 2.
RECOMMENDATIONS
RECOMMEND APPROVAL
PLANNING Use is no more intense than what has previously been
COMMISSIONapproved for the applicant
(8/16/2016)
Conditions would mitigate the potential for adverse impacts on
adjoining properties
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATIONS (CONTINUED)
LIMITATIONS ON USES WERE NEGOTIATED WITH AREA PROPERTY
OWNERS. AFTER PUBLIC INPUT, SHOULD THE COMMISSION AND
BOARD WISH TO APPROVE THIS REQUEST, IMPOSITION OF THE
CONDITIONS IN ATTACHMENT 1 WOULD BE APPROPRIATE.
STAFF
The business has been operated on the request property since
1998
Conditions minimize adverse impacts upon neighboring
properties
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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
Hull Street Road
Single-family
Residential
Bridgewood Road
Single-family
Residential
(Kellersley
Subdivision)
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
ZONING HISTORY
Case Number BZAAction Request
Special exception to permit a wrecker business from
Approved
98AN0232 the home
(08/05/1998)
Approved with conditions for 1 year
Renewal of special exception to permit a wrecker
Approved
00AR0234 business from the home
(06/07/2000)
Approved with conditions for 5 years
USE HISTORY
A wrecker company, incidental to a dwelling, has operated on the request property since 1998
with the approval of two (2) Special Exceptions. The last special exception approval expired in
2005.
Given the Plan’sland use recommendations and area development patterns, staffwas not
supportive of the original Special Exception request to permit the wrecker company, noting
concern that the commercial use was incompatible with existing residential development. At that
time,staff worked with the applicant to develop limitations to minimize impacts of the use on area
properties. Whilesome citizen opposition was present at the Board of Zoning Appeals public
hearing, the case was approvedwith conditionslimiting the number of wrecker vehicles,
employees, parking, outside storage and hours of operation for a time period of one (1) year. A
renewal was subsequently approved in 2000 with the same conditions that were previously
approved in 1998. Staff noted that no complaints about the operation had been received since
the initial approval of the request, and no opposition was present at the public hearing. The
approved time period was extended to five (5) years.
PROPOSAL
Continued operation of an automobile towing service (a wrecker company)is proposed.
In February 2016, the Planning Department received a complaint relative to the operation of a
wrecker business on the request property. Upon investigation, staff observed that a wrecker
business continued to operate on the property without zoning approval. Wrecker vehicles are
parked in the rear of the property, either in a gravel area (the applicant’s wrecker only) or inside a
detached garage. The applicant states that he, his wife and son respond to disabled vehicle calls
from the home. Once the disabled vehicles are placed on the wrecker, they are then carried to an
off-site location to be stored. Disabled or wrecked vehicles are not stored on the property.
The following table provides an overview of conditions that offer similar limitations on the wrecker
business as previously approved through the special exception process in an effort to minimize the
potential impacts of the operation on adjacent property owners.
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General Overview
Requirements Details
Limited to an automobile towing service (wrecker
Use
business), incidental to a dwelling
Condition 1
Limited to the applicant only
Ownership
Condition 2
Limited to 5years
Time Limitation
Condition 3
Three (3) wreckers
Repair work inside existing garage only
Except applicant’s wrecker, all other wreckers
Equipment/Material Storage
parked inside existing garage
No outside materials or equipment stored outside
Condition 4
Not permitted
Wrecked Vehicle Storage
Condition 5
Confined to existing dwelling, accessory buildings and
the outside storage areas
Location of Use
No additions or alternations to existing structures
to accommodate use
Condition 6
No more than 1 employee (exclusive of family
members who live on the premises)
Employees, Clients and Group
No clients
Assembly
Group assembly prohibited
Conditions7 & 8
Deliveries by tractor trailer prohibited
Deliveries
Condition 9
None permitted
Signage
Condition 10
Except the applicant’s wrecker:
Monday through Saturday from 7:00a.m. to 7:00
Hours of Operationp.m.
No Sunday operation
Condition 11
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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 Manchester Volunteer Rescue Squad Fire Station,
Company Number 24
EMS Facility The Manchester 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
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 case.
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 No 8”No
Map 5: Existing Water & Wastewater Systems
Additional Information:
The public wastewater system is not available to serve this site. The closest existing wastewater
collector line is an eight (8) inch line in Bridgewood Road that terminates approximately 450 feet
southwest of the request site.This site is served by a private septic system.
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ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Stormwater
Issue Discussion/Conditions
Located within the Lower Swift Creek Watershed
Geography
Property drains toan unnamed tributary to Nuttree Branch, a
tributary to Swift Creek
If greater than 2,500 square feet of total land disturbance will occur with
Stormwater
any proposed improvements, the project will be subject to the Part IIB
Management
technical criteria of the Virginia Stormwater Management Program
Regulations for redevelopment.
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 Eastern Route 360 Corridor revitalization area (per Chapter 7 of
the Comprehensive Plan). The proposal represents the continuation of a use previously permitted
through a special exception. The proposal does not include new site or building improvements,
would be consistent with previous conditions of zoning, and would be conditionally granted for a
short timeframe. For these reasons, the Revitalization Office does not object to the proposal as
conditioned.
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CASE HISTORY
Applicant Submittals
5/13/16 Application submitted
Planning Commission Meeting
8/16/16
Citizen Comments
One citizen spoke requesting confirmation that the nature of the
existing operation was not changing with this request.
Commission Discussion
The Commission noted their support for the case:
Use would be limited with conditions that are similar to those
o
approved through the special exception process previously
Disabled vehicles on the property would be prohibited
o
Petition of support with signatures from a majority of the adjacent
property owners was submitted by the applicant
Recommendation – APPROVAL AND ACCEPTANCE OF THE
CONDITIONS IN ATTACHMENT 1
Motion: Freye Second: Wallin
AYES: Wallin, Sloan, Frye, Jackson and Jones
The Board of Supervisors on Wednesday, September 28, 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 an automobile towing
service(wrecker business), incidental to a dwelling. (P)
2.Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively
to Frederick G. Key, and shall not be transferable with the land. (P)
3.Time Limitation:This Conditional Use shall be granted for a period of five (5) years. (P)
4.Equipment Storage & Maintenance: As part of the business, three (3) wrecker trucks
may be parked on the property. All repair work for the wrecker trucks shall be
conducted entirely within the existing garage. With the exception of the applicant’s
wrecker, which may be parked behind the rear of the dwelling, all wreckers shall be
parked inside the existing garage. 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)
5.Wrecked Vehicle Storage. No vehicles awaiting repair or an insurance estimate may be
parked or stored on the property.
6.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 July 21, 2016.
There shall be no exterior additions or alterations to the existing structures to
accommodate this use. (P)
7.Employees and Clients:No more than one (1) employee shall be permitted to work on
the premises, other than family member employees that live on the premises. Noclients
shall be permitted on the property.(P)
8.Group Assembly: Group assembly connected with this operation shall be prohibited. (P)
9.Deliveries: Deliveries to or from this use by a tractor trailer truck shall be prohibited. (P)
10.Signage: There shall be no signs identifying this use. (P)
11.Hours of Operation: Except for the applicant’s wrecker, the automobile towing service
(wrecker business), shall be limited to Monday through Saturday from 7:00 a.m. to 7:00
p.m. There shall be no operation of the use on Sunday. (P)
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ATTACHMENT 2
EXHIBIT A
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