17SN0539
CASE NUMBER: 17SN0539
APPLICANT: Janie C. Munoz and Marcelo P. Munoz
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MATOACA
9813 Qualla Rd
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
NOVEMBER 16, 2016
BOS Time Remaining:
365 DAYS
Applicants:
JANIE C. MUNOZ
(804-832-5231
MARCELO P. MUNOZ
(804-477-5859
Planning Department Case Manager:
DARLA ORR (804-717-6533)
APPLICANTS’ REQUEST
Conditional use to permit a business (mobile food vending) incidental to a dwelling in a
Residential (R-15) District.
Continued operation of a mobile food vending business is planned. The business is currently
operating in compliance with zoning ordinance requirements as a home occupation. Conversion
of an existing attached garage into a kitchen for the business is planned. When this occurs, the
use will exceed the square footage restrictions of the ordinance as a home occupation; therefore,
conditional use approval is necessary.
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
(10/18/2016)
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
Single family residential
Beaverwood Subdivision
Qualla Rd
Single family
residential
Chesmount Dr
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PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
PROPOSAL
The applicants have been operating a home-based mobile food vending businesssince April 2016,
in compliance with the home occupation standards of the Zoning Ordinance in a Residential (R-15)
District. These standards permit a home-based business incidental to a dwelling provided:
There are no employees other than family members who live in the home;
Use is limited to a maximum of 250 square feet of the home;
No exterior alterations are made to change the residential character of premises;
Only light inventory is permitted to be stored or sold;
No group assembly or more than 2 clients at a time are permitted;
Only 1 vehicle and 1 trailer of certain sizes are permitted on the premises;and
No outside equipment storage.
For the past 6 months, the applicants have rented commercial kitchen space to prepare the baked
Latin food (called empanadas, meat pies)they sell. Their office has been located in the dwelling
and they have parked their 4X 8 foot vendor trailer on the property. They operate as a licensed
food vendor in Richmond on weekdays and at farmer’s markets on weekends. They sell
approximately three (3) dozen empanadas daily.
The applicants intend to construct a kitchen in their existing attached garage so their entire
business will be operated from their home. The garage is approximately 400 square feet which
exceeds the maximum area of 250 square feet permitted for the use to meet the home occupation
standards. The applicants are seeking Conditional Use approval to permit the larger area to be
used for the business, still incidental to their dwelling.
With this request, conditions are recommended which would assist in mitigating the impact of the
proposed use on the area:
General Overview
Requirements Details
Limited to applicants only
Ownership/Operation
Condition 1
Limited to a mobile food vendor business incidental to the
dwelling
Use/Location
Maximum of 400 square feet with no exterior
additions/alterations for use
Condition 2
Only family member employees who reside in the home
Employees/Clients/Assembly
permitted; no clients or group assembly permitted
Conditions 3 and 4
One (1) vehicle, not to exceed 10,000 pounds and two (2) axles,
and one (1) vendor trailer, not to exceed one (1) axle, 13 feet in
Equipment/Vehicles for Business
length and 3,200 pounds shall be parked on the property.
Condition 5
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General Overview(Continued)
Requirements Details
None permitted
Signs to Identify Use
Condition 6
As conditioned, the use would function similarly to a permitted home occupation, with the
exception of the expanded area inside the home to accommodate a kitchen. Staff believes this
accommodation, as conditioned, would not adversely affect area properties.
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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 Winterpock Fire Station, Company Number 19
EMS Facility The Winterpock Fire Station, Company Number 19
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
To date, no comments received.
WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
The proposal will not impact the public water system.
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HEALTH DEPARTMENT
Staff Contact: Richard D. Michniak(804-748-1695) Richard.Michniak@vdh.virginia.gov
The property is served by an individual septic system. The Health Department must approve any
new or expanded use of the system. The Health Department must also approve the proposed
kitchen to ensure it meets standards necessary to ensure safety of prepared foods for sale.
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
8/5/2016 Application submitted
Community Meeting
10/10/2016 The applicant, staff and the District Commissioner attended. No citizens
attended.
Planning Commission Meeting
10/18/16
Citizen Comments
No citizens spoke to this case
Recommendation – APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Wallin Second: Freye
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.
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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
Janie C. and/or Marcelo P. Munoz, and shall not be transferable with the land. (P)
2. Location of Use: The use shall be confined to a maximum of 400 square feet within the
existing dwelling, with no exterior additions/alterations to accommodate the use.(P)
3. Employees and Clients: No 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)
4.Group Assembly: Group assembly shall be prohibited. (P)
5.Equipment/Vehicles. No more than one (1) vehicle and one (1) vendor trailer associated
with the business shall be parked on the premises. The vehicle shall not exceed 10,000
pounds or have more than 2 axles.The vendor trailer shall not exceed one (1) axle,
thirteen (13) feet in length and 3,200 pounds. (P)
6. Signage: There shall be no signs identifying this use. (P)
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