16SN0730
CASE NUMBER: 16SN0730
APPLICANT: Margaret D. Hicks
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MATOACA
7600 Qualla Road
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
SEPTEMBER 28, 2016
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
MARGARET D. HICKS
(804-748-0590)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’SREQUEST
Conditional use to permit a business (fish hatchery) incidental to a dwelling in an Agricultural (A)
District.
An outdoor wholesale fish hatchery located within a pond on the property is currently operating
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 and an Exhibit are located in Attachments 1 and 2.
RECOMMENDATIONS
PLANNING RECOMMEND APPROVAL
COMMISSION
(8/16/2016)
RECOMMEND APPROVAL
STAFF Conditions will address potential impacts of use on adjacent
properties.
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING -
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan
Classification: RESIDENTIAL AGRICULTURAL
The designation suggests the property is appropriate for up to a maximum of 0.5 dwellings per acre.
Map 3: Surrounding Land Uses & Development
Pond
Single-family Residential
Single-family Residential
Qualla Road
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
PROPOSAL
The Ordinance requires that a business from the home be located within a dwelling, accessory
structure or both. The applicant’s fish hatchery operation is located outside within a half-acre
pond. Within the pond, a raft with net pens contains and provides access to the Koi and goldfish
raised by the applicant. These fish are then transported bythe applicant and sold to a wholesale
fish distributor. The applicant makes approximately twenty-five (25) trips a year to sell his fish to a
wholesale fish distributor.
The applicant has been operating a business (an outdoor wholesale fish hatchery) from this
property since 1995 without the required zoning. Through the process of obtaining a business
license earlier this year, the applicant was advised that a conditional use is required to permit the
outdoor wholesale fish hatchery as a business from the home.
The following provides an overview of conditions recommended by staff to minimize the impact of
the use on area properties:
General Overview
Requirements Details
Limited to the applicant only
Ownership
Condition 1
Limited to an outdoor wholesale fish hatchery,
Use
incidental to a dwelling
Condition 2
Confined to two (2) areas on pond, existing dwelling, and
Location of Use
accessory buildings
Exhibit A & Condition 3
No more than 1 employee
Employees and Clients
No clients
Condition 4
One (1) vehicle, not to exceed 10,000 pounds and two (2)
Equipment/Vehicles for Business axles, shall be parked on the property
Condition 5
None permitted
Signage
Condition 6
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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 Clover Hill Fire Station, Company Number 7
EMS Facility The Clover Hill Fire Station, Company Number 7
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 not 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 No 16”No
Wastewater No N/A No
Additional Information:
The public water system is not available for connection. The closest line is a sixteen (16) inch water
line at the intersection of Qualla Road and Spring Run Road, approximately 6,000 feet south of the
request site. The site is within the provisional area for non residential public water connection.
Since the request property is greater than 200 feet from public water, it is not required to connect.
Property is not required to connect to public wastewater.
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Environmental Engineering has no comment on this request.
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CASE HISTORY
Applicant Submittals
5/23/16 Application submitted
Community Meetings
7/13/16Issues Discussed
The District Commissioner, applicant and staff attended this meeting. No
citizens were in attendance.
Planning Commission Meeting
8/16/16
Citizen Comments
No citizens spoke to this case.
Commission Discussion
The Commission noted their support for the case:
Limited visibility of improvements for fish hatchery and habitat
Sale of fish does not occur on the property
No opposition to the request at community meeting
Recommendation – APPROVAL AND ACCEPTANCE OF THE
CONDITIONS IN ATTACHMENT 1
Motion: Wallin Second: Freye
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. Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively to
Margaret Hicks, and shall not be transferable with the land. (P)
2. Use: This Conditional Use approval shall be for the operation of a business (outdoor
wholesale fish hatchery), incidental to a dwelling. (P)
3. Location of Use: The use shall be confined to the existing dwelling, accessory buildings
and the outdoor fish hatcheriesthat are noted on Exhibit A, dated July 1, 2016.(P)
4. 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)
5.Equipment/Vehicles. No more than one (1) vehicle associated with the business shall be
parked on the premises. The vehicle shall not exceed 10,000 pounds or have more than
2 axles. (P)
6. Signage: There shall be no signs identifying this use. (P)
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ATTACHMENT 2
EXHIBIT A
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