17SN0601
CASE NUMBER: 17SN0601
APPLICANTS: Wendy Wells and Charles Allen Wells III
CHESTERFIELD COUNTY, VIRGINIA
MATOACA DISTRICT
S
AND RECOMMENDATION
Board of Supervisors Hearing:
JULY 26, 2017
Board of Supervisors Time Remaining:
365 DAYS
Applicant Contacts:
WENDY WELLS (804-731-6824)
CHARLES ALLEN WELLS III (804-739-9815)
35.3 Acres 24819 Pear Orchard Road
Planning Department Case Manager:
DREW NOXON (804-796-7122)
REQUEST
REQUEST I - Conditional use to permit indoor/outdoor recreationuse with outside public address
system in an Agricultural (A) District.
REQUEST II - Conditional use planned development to permit exceptions to ordinance
requirements relative to signage.
Note: A. Conditions may be imposed or the property owner may proffer conditions.
B. Conditions and Exhibits are located in Attachments 1 - 3.
SUMMARY
Recreational events are pla
events would include a haunted barn and corn and pallet mazes, with accompanying outside
public address system for ambient sounds and music. The applicants are also requesting
exceptions to sign area to permit temporary signage advertising and directing visitors to events.
RECOMMENDATION
PLANNING DENIAL
COMMISSION
DENIAL
Proposed recreational activities are not in keeping with surrounding
residential and agricultural character and would negatively
impact the use and enjoyment of these area properties.
Given the increased noise and traffic, likely no conditions that would
STAFF
make use acceptable to neighbors.
Pear Orchard Road has minimal to no shoulders and several
substandard horizontal and vertical curves. Additional traffic on this
road would have the potential to pose public health, safety, and welfare
hazards for patrons and to those who reside along Pear Orchard and
Skinquarter Roads.
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
The proposed haunted events and public address system would
introduce a commercial use into an area of low density residential,
farming and other agricultural-based operations.
PLANNING
Given the location of the property, and the noise, hours and
anticipated attendance of the operation, there are likely no conditions
that would fully mitigate the impact of the proposed use on
neighboring residents.
The property is only accessible from one road
Pear Orchard Road is narrow with minimal to no shoulders with
CDOT
several substandard horizontal and vertical curves posing hazards to
patrons and residents.
Monitoring and enforcement of the number of patrons is not likely
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Comprehensive Plan
Classification: RURAL RESIDENTIAL/AGRICULTURAL
The designation suggests the property is appropriate for single family dwellings on a minimum of five
acres and for farming.
Surrounding Land Uses and Development
Chesterfield
Berry Farm
Pear Orchard Road
Single-family and
agricultural uses
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PLANNING
Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov
Proposal
In the fall of 2016 the applicants began construction of facilities and signage for a seasonal
indoor/outdoor recreational event on the property. Staff received complaints relative to the
activities and signage in October of 2016. The Zoning Ordinance requires approval of a
conditional use to permit commercial indoor/outdoor recreational uses and public address
systems in an Agricultural (A) District. Once notified by staff of the complaint and Ordinance
requirements for such use, the applicants filed a conditional use application to permit seasonal
indoor/outdoor recreational events with public address system to play ambient music and
sounds related to haunted events (Request I). In addition, the applicants submitted a request
for conditional use planned development to exceed Ordinance limitations for five (5) signs
associated with a non-residential use (other than farm use) in an Agricultural (A) District
(Request II).
Use
Recreational events as part of a uring the Halloween season are
planned which include a 3,600 square-corn maze, and a pallet maze, as
depicted on the attached master plan (Attachment 2 - Exhibit A). These events occur on a
portion of the property on which the applicants reside. All events would be open during
evenings on Fridays and Saturdays throughout the month of October and Halloween (when the
Halloween holiday falls on a Sunday or weekday), closing between 10:00 and 11:00 p.m. It
should be noted that outdoor recreational activities have been operated on the nearby
Chesterfield Berry Farm, since its zoning approval in 1989, as late as 10:30 p.m. on Fridays and
Saturdays, 9:00 p.m. Monday through Thursday, and 6:00 p.m. on Sundays.
Signage
Exceptions are requested to the permitted sign area for five (5) temporary signs to advertise
and direct visitors to events (Attachments 2 and 3 Exhibits A and B). The Ordinance permits
up to 32 square feet of area for signs identifying a non-residential use (other than farm use) in
an Agricultural (A) District. With this request, the applicants are seeking approval for
a maximum total of 470 square feet of signage.
Parking
The Zoning Ordinance would require the provision of 78 parking spaces for this use:
30 spaces per maze
1 (1 space per 200 sf of indoor recreational use)
The master plan depicts 150 parking spaces, exceeding this minimum requirement. Parking
areas will remain grassed to minimize permanent site improvements and allow reversion of the
property to farm use between the months of November through September.
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The chart below provides an overview of conditions that capture the specifics of the proposed
operation. These conditions attempt to address the impacts of the business on the surrounding
area:
General Overview
Requirements Details
Limited to the applicants only
Ownership
Owners must reside on property
Condition 1
Granted for two (2) years
Time limitation
Condition 2
Limited to seasonal attractions including haunted mazes and barn
Use
Condition 3
Exhibit A shall be considered the Master Plan
Master Plan
No additions or exterior alterations to structure
Condition 4 & Attachment A
No more than 150 vehicles on premises during each event
Parking
Condition 5
Fridays and Saturdays during the month of October, and Halloween
Frequency of
7 pm to 11:00 pm Friday and Saturday nights, and closing at 10 pm on
Events and Hours
Halloween should it fall on a Sunday or weekday
Condition 6
Public address system to play music and ambient sounds
Noise shall not exceed 55 dBA measured at neighboring property
Noise
lines
Condition 7
Limited to five (5) temporary signs (470 total sq. ft.)
event sign (Total Terror)
entrance sign
parking sign
Signs
Displayed only between September 24 and November 1 of each year
Condition 8 & Attachment B
15-foot wide all-weather road capable of supporting 75,000 lbs.
Emergency Access
Condition 9
24-foot wide gravel entrance providing access to parking area from Pear
Site Access
Orchard Road.
Condition 10
Land Use and Impacts on Area Development
Staff cannot support this request. The Comprehensive Plan suggests the property and
surrounding land uses are appropriate for low density residential and agricultural uses. The
proposed use consists of recreational activities that are not customary and incidental to
permitted farming and pick your own harvesting operations. This intensity of use is out of
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character with the agricultural and residential development in the vicinity. Such activities,
accessible only from one route (Pear Orchard Road), have the potential to adversely impact
area residents due to increased noise and traffic. Given the location of the property, and the
noise, hours and anticipated attendance of the operation, there are likely no conditions that
would fully mitigate the impact of the proposed use on neighboring residents. While staff does
not support this request, should approval be granted, the conditions noted in Attachment 1
should be imposed to limit the operation, and address parking provisions, signage, noise levels,
hours and site access.
COUNTY 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.
There are no reliable traffic forecasters for this type of land use. The property is located on Pear
Orchard Road approximately 3.6 miles west of the nearest public road intersection, Skinquarter
Road. Pear Orchard Road will serve as sole access for this use.
VDOT collected a traffic count on Pear Orchard Road in September 2015 of 270 vehicles per
day. Pear Orchard Road is narrow with minimal to no shoulders and several substandard
horizontal and vertical curves. In the last 5 years (2012 2016), there have been 12 reported
collisions on Pear Orchard Road.
The request will not limit the number of participants at each planned event. If a condition were
imposed limiting the number of participants, it will be nearly impossible to monitor and
enforce. Due to the condition of Pear Orchard Road, staff cannot support the request.
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Mission
The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the
environment through a comprehensive fire and life safety program that ensures an adequate
and timely response to emergencies.
Nearby Fire/EMS Facilities
The Clover Hill Fire Station, Company Number 7
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Additional Fire and EMS Comments
The Fire Department recommends that the owner provide a 15-foot all-weather road capable
of supporting 75,000 lbs. in order to provide access for fire apparatus and ambulances. This
road should be clear of any traffic to provide access at all times during event hours. (Conditions
9 and 10)
This request will have minimal impact on Fire and EMS.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
The proposed request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
10/12/16 Application submitted
04/26/17 Application amended
06/20/17 Revised Exhibit submitted
Community Meeting
02/23/17 Issues Discussed:
Traffic and hazardous road conditions on Pear Orchard and Skinquarter
Roads
Litter, vandalism and misconduct attributed to patrons
Hours of operation
Noise
05/11/2017 Issues Discussed:
Traffic and hazardous road conditions on Pear Orchard and Skinquarter
Roads, impacts on all residents who live along these roads
Noise
Number of visitors, how number of visitors is controlled
Employees and supervision over events
Overflow parking on street
Increase in commercial uses on agricultural properties
Misconduct attributed to patrons
Planning Commission
03/21/17 Action DEFERRED TO MAY 16, 2017
05/16/17 Action DEFERRED TO JUNE 20, 2017
6/20/2017 Citizen Comments:
Citizens spoke in opposition to this request, noting the following concerns:
Road safety - Pear Orchard Road not designed for additional traffic
generated by use; nighttime operation
Conflict with neighboring residential uses noise, hours, traffic
Commission Discussion:
Dr. Wallin noted two community meetings were held to discuss this request.
While he encouraged the applicant to meet individually with the neighbors,
community concerns regarding this operation remain unresolved.
Recommendation DENIAL
Motion: Wallin Second: Sloan
AYES: Sloan, Jackson, Freye, Jones and Wallin
The Board of Supervisors on Wednesday, July 26, 2017, beginning at 6:00 p.m., will consider
this request.
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ATTACHMENT 1
CONDITIONS
1.Non-Transferable Ownership. This Conditional Use approval shall be granted exclusively to
Wendy and Charles Wells, III, provided they continue to reside on the property. This
Conditional Use shall not be transferable nor run with the land. (P)
2.Time Limitation. This Conditional Use shall be valid for a period of two (2) years from the
date of approval. (P)
3.Use. This Conditional Use shall be limited to the operation of seasonal haunted attractions
consisting of a corn maze, a pallet maze and a haunted barn. (P)
4.Master Plan. Exhibit A shall be considered the Master Plan relative to the general
location and types of improvements associated with this use. Other than normal
maintenance, there shall be no additions or exterior alterations to the structure
associated with this use. (P)
5.Parking.
a.At no times shall more than one hundred and fifty (150) passenger vehicles be on
the premises during each event.
b.Parking spaces may be grassed or graveled, but not paved. (P)
6.Frequency of events and hours. The days and hours that the haunted events shall be
open to the public shall be as follows:
a.Fridays and Saturdays during the month of October, and Halloween.
b.7:00 p.m. to 11:00 p.m. Friday and Saturday nights, and closing at 10:00 p.m. on
Halloween should it fall on a Sunday through Thursday. (P)
7.Noise. A public address system shall be permitted to play music and ambient sound for
haunted attractions. Noise from this system shall not exceed 55 dBA measured at the
boundaries of Tax IDs 668-663-0262, 669-663-5964, 669-662-1765, 666-659-9589 and
666-661-8934. (P)
8.Signage. Signage for the events shall be limited as follows:
a.One free-standing sign, a maximum of 352 square feet in area, shall be permitted at
the entrance to identify this use. This sign shall be consistent with the photo and
dimensions displayed in the Exhibit B.
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b.Four (4) additional directional signs shall be permitted within the parking area,
limited to a maximum total sign area of 45.75 square feet. These signs shall be
consistent with the photos and dimensions displayed in Exhibit B.
c.All signs shall be temporary and shall be displayed only between the dates of
September 24 and November 1 of each year. (P)
9.Emergency Access. A 15-foot wide all-weather road capable of supporting 75,000 lbs.
shall be constructed from Pear Orchard Road to the barn in order to provide access for
fire apparatus and ambulances. This road should be clear of any traffic to provide
access at all times during event hours. (P & F)
10.Site Access. The entrance to the parking area from Pear Orchard Road shall be 24 feet
wide to accommodate two-way traffic and shall be improved with gravel. (P)
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ATTACHMENT 2
EXHIBIT A, Revised Master Plan
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ATTACHMENT 3
EXHIBIT B, Signs
Event sign (8 feet tall by 52 feet wide, 416 total square feet)
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Entrance sign (8 feet tall by 4 feet wide, 32 Parking sign (3 feet tall by 4 feet wide, 12
total square feet) total square feet)
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Directional sign (2 feet tall by 3 feet wide, 6 total square feet)
Directional sign (2 feet tall by 2 feet wide, 4 total square feet)
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