17SN0510
CASE NUMBER: 17SN0510
APPLICANTS: John A. Flinn and Peggy Flinn Norris
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: CLOVER HILL
200 South Providence Road
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
OCTOBER 26, 2016
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
JOHN A. FLINN
(804-320-3436)
PEGGY FLINN NORRIS
(804-517-9475)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANTS’ REQUEST
Conditional use to permit a business (septic tank service business) incidental to a dwelling in a
Residential (R-7) District.
A septic tank service business with associated vehicles and equipment is currently operating from
the property without the requisite zoning. Previous special exception approval expired in 1991.
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.Should the Commission determine it is appropriate to recommend approval of this request, conditions
acceptable to the applicants are located in Attachments 1 and 2.
RECOMMENDATION
RECOMMEND APPROVAL
Business has operated on property since 1965
PLANNING
Located in a transitional area between commercial, office and
COMMISSION
residential uses
(9/20/2016)
Conditions will minimize impacts on adjoining properties and
enhance residential character of the property
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATION (CONTINUED)
RECOMMEND DENIAL
Operation has intensified since original application approval in
1986
STAFF
Request represents encroachment of commercial use into an
established residential area
There are likely no conditions that would effectively mitigate
impacts of use on area residential uses
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SUMMARY OF IDENTIFIED ISSUES
Department Issue
Plan suggests residential uses as appropriate for this area
Business use has intensified relative to the number of vehicles
PLANNING
and equipment stored on the property, above the quantity
permitted with the previous special exception approval
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
Business use has intensified and is incompatible surrounding
REVITALIZATION
residential land uses
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Map 2: Comprehensive Plan (The Eastern Midlothian Plan)
Classification: RESIDENTIAL
The designation suggests the property is appropriate for 2.51 to 4.0 dwellings per acre.
Map 3: Surrounding Land Uses & Development
Midlothian Turnpike
South Providence Road
Office/Light
Industrial Uses
Single-family Residential
Single-family Residential
(Penn Acres Subdivision)
Residential Townhouse
(Providence Green)
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Special exception to permit a septic tank service
business in a residential area
Conditions limited special exception approval to the
Approved
86AN0067
applicant only and restrictions relative to time limit(5
(06/04/1986)
years), hours of operation, deliveries, parking,
customers, employees, signage and fencing
requirements
PROPOSAL
The applicants, as well as the applicants’ father, have been operating a septic tank service
business from this property since 1965. Zoning approval for this use has been approved between
the years of 1986 to 1991 (Case 86AN0067).
In March 2016, the Planning Department received a complaint relative to the operation of a
business on the request property. Upon investigation, staff observed several company vehicles,
vehicle trailers, and equipment parked on the premises. The applicants conveyed 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 septic tank service business continues to operate on the property, requiring a
conditional use.
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 a septic tank service business, incidental to a
Use dwelling
Condition 1
Limited to the applicants only
Ownership
Condition 2
Limited to 5 years
Time Limitation
Condition 3
Confined to existing dwelling, accessory buildings and
the outside storage areas for equipment. No additions or
Location of Usealterations to the existing structures for the business
use.
Exhibit A & Condition 4
Prohibited
Outside Storageof Materials
Condition 5
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General Overview(Continued)
Requirements Details
No more than 3 employees
Employees and Clients
No clients
Condition 6
2 tanker trucks
2 vans
2 trailers
Equipment/Material Storage
1 mini excavator
1 skid steer
Condition 7
Vehicles associated with this use may not return to or be
parked at this location unless all effluent associated with
Effluent Storage in Vehicles
this use has been properly disposed of
Condition 8
None permitted
Signage
Condition 9
Prohibited
Group Assembly
Condition 10
Monday –Friday: 7:00 a.m. to 6:00 p.m.
Saturday: 8:00 a.m. to 12:00 p.m.
No operation on Sunday
Hours of Operation & Deliveries
Deliveries prohibited before 8:00 a.m. and after
6:00 p.m.
Conditions 11 & 12
Install new opaque vinyl fence and gate along
property frontage to screen parking area from
South Providence Road
Maintain existing 6’ tall fence and gate on the side
and rear of property
Fence & Driveway Gate
Driveway gate to be closed at all times, except to
permit ingress/egress
Install landscaping along fence and dwelling
foundation that will be visible to South Providence
Road
Exhibit A & Condition 13
Relocate the solid waste storage area to area depicted on
Solid Waste Storage Area Exhibit, within 30 days of approval
Exhibit A & Condition 14
INTENSIFICATION OF USE
The majority of conditions in the request are similar to those approved in the previous special
exception approval. The business is now operated by the children of James A. Flinn, John Flinn and
Peggy Flinn Norris. The hours of operation have also been expanded slightly during weekday hours
to allow for earlier start and later closing times. The applicants have also intensified the use by
requesting additional equipment and vehicles to be stored on the property. Previously, only three
717SN0510-2016OCT26-BOS-RPT
(3) pieces of equipment were permitted, consisting of two (2)tanker trucks and one (1) van. The
applicants’ request now adds five (5) additional pieces of equipment/vehicles, representing a
significant increase in the intensity of the business operation as it relates to traffic generated from
the property as well as the storage area needed to park this equipment. A solid waste storage area
has also been added on the property, which the applicant will relocate to be less visible from
South Providence Road.
Staff finds that the applicants’ request may adversely impact adjoining residential properties with
an increase in traffic and the visibility of equipment stored on the property.
SITE ENHANCEMENTS
In response to concerns expressed at a site visit meeting between the applicant, the District
Planning Commissioner and staff on September 13, 2016, staff recommended revisions to
Condition 13 and Exhibit A. Specifically, Condition 13 was revised to:
Require the installation of a new opaque vinyl privacy fence
Keeping the driveway gate closed when not in use
Installing fence and foundation plantings
These requirements will reduce the visibilityof the business use from South Providence Road as
well as enhance the residential character of the property. In addition, staff revised Exhibit A
(Attachment 2) to include the approximate location of the new vinyl fence, add a recent
addition onto the dwelling, and include the addition of two (2) recently constructed accessory
buildings that are located on the property.
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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 Buford Fire Station, Company Number 9
EMS Facility The Forest View 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 has no comment on this request.
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 12”Yes
Wastewater Yes 8”Yes
Additional Information:
The proposed request will not 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
Environmental Engineering has no comment on this request.
REVITALIZATION
Staff Contact: Carl Schlaudt(804-318-8674) schlaudtc@chesterfield.gov
The subject site is located in the Eastern Midlothian Turnpike Special Focus and Providence Middle
School revitalization areas. The proposal represents the intensification and continuation of a land
use not permitted by-right, including parking and storage of work vehicles and heavy equipment
that is incompatible with surrounding residential land uses. The Revitalization Office cannot
support the proposal for these reasons.
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CASE HISTORY
Applicant Submittals
7/11/16 Application submitted
Planning Commission Meeting
9/20/16
Citizen Comments
No citizens spoke to this case.
Commission Discussion
Mrs. Freye noted her support of the request based on the following
discussion points:
The applicants’ business has existed on property since at least 1965
A petition of support signed by the majority of the adjacent property
owners
Property is located outside of a subdivision and within a transitional
area near existing office and commercial uses
Applicants own property south of the request property, providing
separation to adjoining residential properties
Installation of new vinyl fence and landscaping will enhance
residential character of property as well as support recent
revitalization efforts along South Providence Road
Recommendation – APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Freye Second: Jones
AYES: Wallin, Sloan, Frye, Jackson and Jones
The Board of Supervisors on Wednesday, October 26, 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 the Planning Commissiononly
1.Use: This Conditional Use approval shall be for the operation of a business (septic tank
service business), incidental to a dwelling. (P)
2. Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively to
Peggy Flinn Norris and John Flinn, 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. Location of Use: The use shall be confined to the existing dwelling, accessory buildings
and the parking of vehicles in the graveled parking area that is noted on Exhibit A, dated
August 12, 2016. All work and operations associated with this business shall be
accomplished on the inside of the existing dwelling or structures. There shall be no
exterior additions or alterations to the existing structures to accommodate this use. (P)
5. Outside Storage: Outside storage of materials shall be prohibited. (P)
6. Employees and Clients: No more than three (3) employees 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)
7.Equipment/Vehicles: As a part of this business, the following equipment may be stored on
the property:
a.Two (2) tanker trucks
b.Two (2) vans
c.Two (2) trailers
d.One (1) mini excavator
e.One (1) skid steer.
All driveway and parking areas where these vehicles travel or are parked shall be graveled.
Vehicles and equipment associated with the business shall be parked in the area behind
the fence and gate, screened from view of South Providence Road and the adjoining
properties to the south and west. (P)
8. Effluent Storage in Vehicles: No vehicles associated with this use may return to or be
parked at this location unless all effluent associated with this use has been properly
disposed of. (P)
9. Signage: There shall be no signs identifying this use. (P)
10. Group Assembly: Group assembly connected with this operation shall be prohibited. (P)
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11. Hours of Operation: The operation of thebusiness (septic tank service business), to include
the movement of equipment, shall be limited to Monday through Friday from 7:00 a.m. to
6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m. There shall be no operation of the use
on Sunday. (P)
12. Deliveries: No deliveries shall be permitted before 8:00 a.m. and after 6:00 p.m. (P)
13. Fence, Driveway Gate & Landscaping: The following improvements shall be installed or
maintained on the property.
a.Within ninety (90) days of approval of this request, a six (6) foot tall opaque vinyl
privacy fence and an opaque vinyl driveway gate shall be constructed as shown on
Exhibit A. The existing portion of the chain-link and slat fence and gate between the
dwelling and southern property line shall be removed. In addition, the existing six (6)
foot tall fence chain-link and slat fence along the side and rear property lines (as shown
on Exhibit A) shall be maintained. These fences and gate shall provide complete
screening of the parking area from South Providence Road and the adjoining properties
to the north, south and west.
b.The driveway gate shall remain closed at all times, except to permit ingress or egress
for vehicles or equipment to South Providence Road.
c.Within ninety (90) days of approval of this request, a landscape plan shall be submitted
to the Planning Department for the approval of foundation and fence plantings. The
foundation and fence plantingsshall be required along the frontage of the dwelling and
the fence visible to South Providence Road. Beds shall be a minimum 4 foot wide
measured from the dwelling foundation or base of the fence with plantings spaced a
maximum of 5 feet apart. Beds shall include a mix of small evergreen shrubs having an
initial minimum height of 3 feet, vertical accent shrubs having an initial minimum
height of 4 feet or small evergreen trees having an initial minimum height of 4 feet.
Approved plantings shall be installed prior to May 1, 2017. (P)
14. Solid Waste Storage Area: The solid waste storage area shall be relocated to the area
depicted on Exhibit A within thirty (30) days of approval. The solid waste storage area shall
be screened by the existing fence and be serviced according to Ordinance requirements.
(P)
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ATTACHMENT 2
EXHIBIT A
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