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16SN0735 CASE NUMBER: 16SN0735 APPLICANT: Edward S. Waggoner and Lisa M. Waggoner CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: CLOVER HILL 1407 Westbury Knoll Lane AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: NOVEMBER 16, 2016 BOS Time Remaining: 365 DAYS Applicants’ Contact: EDWARD S. WAGGONER LISA M. WAGGONER (804-437-3335) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANTS’ REQUEST Conditional use to permit a business (power washing) incidental to a dwelling in a Residential (R- 12) District. Apower washing business, incidental to a dwelling, 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.Should the Board determine it is appropriate to recommend approval of this request, conditions acceptable to the applicant are located in Attachment 1. An exhibit is also located in Attachment 2. RECOMMENDATIONS RECOMMEND APPROVAL PLANNING Adjoining property owner is supportive of request COMMISSION (10/18/2016) Conditions minimize impact on neighboring properties RECOMMEND DENIAL STAFF Use does not comply with the 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 PLANNING Use represents commercial encroachment within a residential area FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 216SN0735-2016NOV16-BOS-RPT 316SN0735-2016NOV16-BOS-RPT Map 2: Comprehensive Plan (Northern Courthouse Road Community Plan) Classification: RESIDENTIAL The designation suggests the property is appropriate for 2.5 dwellings per acre or less. Map 3: Surrounding Land Uses & Development Westbury Knoll Lane Single-family Residential (St. James Woods Powhite Parkway 416SN0735-2016NOV16-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov PROPOSAL The applicant has been operatinga business (power washing business) from this property since 2006 without the required zoning. In March 2016, the Planning Department received a complaint relative to the operation of a power washing business on the request property. Upon investigation, staff observed two (2) company vehicles, one (1) with power washing equipment located in the truck bed. In addition, off-site employees were reporting to the property to pick-up the vehicle with equipment in the truck bed. The applicant conveyed to staff that part of the residence and property is used as an office and parking area for the equipment involved in the business. Two (2) companyvehicles are parked in the driveway, and two (2) employees report to the property to pick up company vehicle with the power washing equipment and return it later in the day. These components of the business exceed the ordinance limitations for a permitted home occupation, 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 power washingbusiness, incidental to a Use dwelling Condition 1 Limited to the applicants only Ownership Condition 2 5 Years Time Limit Condition 3 Confined to the existing dwelling and paved parking area Location of Useonly Condition 4 Maximum of 2 employees Employees and Clients No clients Condition 5 516SN0735-2016NOV16-BOS-RPT General Overview (Continued) Requirements Details Two (2) vehicles Not exceed 10,000 pounds or have more than 2 Equipment/Vehicles axles Condition 6 None permitted Signage Condition 7 Operation of business and movement of vehicles limited to: Monday through Friday from 7:00 a.m. to 6:00 p.m. Hours of Operation Saturday from 8:00 a.m. to 12:00 p.m. No Sunday operation Condition 8 Prohibited Assembly & Group Instruction Condition 9 Staff finds that the applicants’ request may adversely impact adjoining residential properties by allowing a commercial use to encroach into an established residential area. The continuation of vehicle and equipment storage on the property as well as having employees report to the premises would not be compatible with existing residential development and permitted land uses. 616SN0735-2016NOV16-BOS-RPT 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 Courthouse Fire Station, Company Number 20 EMS Facility The Courthouse Fire Station, Company Number 20 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 case. 716SN0735-2016NOV16-BOS-RPT 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 8”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 Located within the FallingCreek Watershed Property drains toan unnamed tributary to Falling Creek Geography Floodplain and wetlands are located along the rear of the lot No proposed improvements at this time An existing 8-foot drainage easement with storm sewer is located along the western property line Easements No structures should encroach into the easement without first obtaining a license agreement from the Board of Supervisors No filling or grading shall occur within the limits of the floodplain without permission from the Department of Environmental Environmental Engineering Features No wetlands impact shall occur without a permit from the US Corps of Engineers If greater than 2,500 square feet of total land disturbance will occur with Erosion and any proposed improvements in the future, a land disturbance permit will Sediment Control be required 816SN0735-2016NOV16-BOS-RPT CASE HISTORY Applicant Submittals 7/29/16 Application submitted Community Meeting 9/26/16Issues Discussed The District Commissioner, applicant and staff attended this meeting. One citizen in support of the request attended the meeting. Planning Commission Meeting 10/18/16 Citizen Comments One citizen spoke in support of the case. Commission Discussion Ms. Freye noted that a community meeting was held for the applicants’ request which was attended by one citizen in support of the request. She also noted that the location of existing landscaping and conditions of the case would minimize any potential negative impacts on area property owners. Recommendation – APPROVAL AND SUBJECT TO THE CONDITIONS IN ATTACHMENT 1 Motion: Freye Second: Jones AYES: Wallin, Sloan, Frye, Jackson and Jones The Board of Supervisors on Wednesday, November 16, 2016, beginning at 6:30 p.m., will consider this request. 916SN0735-2016NOV16-BOS-RPT 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 (power washing), incidental to a dwelling. (P) 2. Non-Transferable Ownership. This Conditional Use approval shall be granted exclusively to Edward S. Waggoner and Lisa M. Waggoner, 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 and the paved driveway area noted on Exhibit A, dated August 12, 2016. (P) 5. Employees and Clients. No more than two (2) 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) 6. Equipment/Vehicles. No more than two (2) vehicle associated with the business shall be parked on the premises. The vehicles shall not exceed 10,000 pounds or have more than two (2) axles. (P) 7. Signage. There shall be no signs identifying this use. (P) 8. Hours of Operation. The operation of the business (power washing), to include the movement of equipmentor vehicles, 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) 1016SN0735-2016NOV16-BOS-RPT ATTACHMENT 2 EXHIBIT A AUGUST 12, 2016 1116SN0735-2016NOV16-BOS-RPT