Loading...
18SN0613 CASE NUMBER: 18SN0613 APPLICANT: Austin & Danielle Barnes CHESTERFIELD COUNTY, VIRGINIA MATOACA DISTRICT AND RECOMMENDATION Board of Supervisors (BOS) Hearing: MARCH 14, 2018 BOSTime Remaining: 365 DAYS Applicants Contact: DANIELLE BARNES (804-687-8257) Planning Department Case Manager: DREW NOXON (804-796-7122) 6.2 Acres 11511 Winterpock Road REQUEST Conditional use to permit a business (group fitness training) incidental to a residence and Conditional Use Planned Development to permit exceptions to Ordinance requirements regarding signage in an Agricultural (A) District. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Conditions and Exhibits are located in Attachments 1 - 5. SUMMARY A group fitness training business consisting of indoor exercise activities is currently operated from the residence without the requisite zoning. The operation exceeds ordinance limitations for a home occupation relative to the number of employees, group instruction and the number of clients at any given time. Approval of a conditional use is required to permit this use. Conditional use planned development is requested to permit exceptions to setbacks for a sign identifying this home-based business. RECOMMENDATIONS PLANNING APPROVAL COMMISSION APPROVAL STAFF As conditioned, impacts on adjacent residential development will be minimized. Providing a FIRST CHOICE community through excellence in public service 218SN0613-2018MAR14-BOS-RPT Comprehensive Plan Classification: RURAL RESIDENTIAL/AGRICULTURAL The designation suggests the property is appropriate for single family dwellings on a minimum of 5 acres (1 acre if created through family subdivision); or farming uses. Surrounding Land Uses and Development Ranger Road Single-family uses Winterpock Road Single-family uses -Physic Hill Agricultural uses and vacant 318SN0613-2018MAR14-BOS-RPT PLANNING Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov Proposal A group fitness training business is currently operating on the subject property. The applicant currently utilizes an approximately 440-square-foot garage that is attached to the main building as a gym and training area. The applicant indicates that no outdoor exercises take place on the premises. In December 2016, the Planning Department received a complaint relative to the operation of a business from the home with group instruction. Upon visiting the site, staff determined that the business was not in compliance with the Zoning Ordinance requirements for a home occupation. Specifically, the restrictions regarding the number of employees, group instruction and the number of clients on the premises at any given time were not met. Once notified by staff of the violation, the applicants filed for a Conditional Use to request approval to allow continued operation of the home-based fitness training business. The following chart provides an overview of the conditions to assist in mitigating the impacts of the use on area properties: General Overview Requirements Details Limited to the applicants only Ownership /ƚƓķźƷźƚƓ Њ Fitness training and nutrition coaching with limited group instruction Indoor activities within a 440-square-foot attached garage Use No outdoor activities or equipment /ƚƓķźƷźƚƓ ЋͲ 9ǣŷźĬźƷ . 3 years Time Limit /ƚƓķźƷźƚƓ Ќ Monday Friday, 5:30 a.m. 2:30 p.m., and 6:00 p.m. 7:00 p.m. Hours of Operation /ƚƓķźƷźƚƓ Ѝ Expansion prohibited Expansion of Use /ƚƓķźƷźƚƓ Ў Limited to property owners and 1 employee who does not reside on Employees premises /ƚƓķźƷźƚƓ Џ Maximum of 3 clients at any given time between hours of 5:30 a.m. 9 a.m. Group Instruction Maximum of 6 clients at any given time between hours of 9:00 a.m. 2:30 p.m., and 6:00 p.m. 7:00 p.m. /ƚƓķźƷźƚƓ А Minimum of 8 parking spaces provided as shown on Exhibit B Parking /ƚƓķźƷźƚƓ В 418SN0613-2018MAR14-BOS-RPT Exceptions for Signage The Ordinance limits signage for business use to one (1) sign, not to exceed four (4) square feet in area and five (5) feet in height. The applicant proposes a 2.7-square-foot sign to advertise the business (Exhibit D). The sign will be located along Winterpock Road, at the entrance to the property in accordance with Exhibit C. The proposed sign, measuring 2.7 square feet in area and four (4) feet in height, complies with ordinance requirements. The Ordinance requires the location of the sign to meet a minimum of 20-foot setback from the edge of the road and 15 feet from other property lines. A reduction of these setbacks is requested to permit the sign at ten (10) feet from Winterpock Road and three (3) feet from the eastern property boundary. The subject property is a flag lot with a narrow strip of land providing approximately 30 feet of frontage along Winterpock Road. Due to the width and the presence of a driveway in the middle of the strip, it is not possible for a sign to comply with both 15-foot side yard setbacks. Winterpock Road is a narrow and winding road with a posted speed of 45 miles per approximately 25 feet of distance between the pavement and the tree line. Locating the sign further from Winterpock Road would substantially reduce visibility of the driveway entrance 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. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. 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 518SN0613-2018MAR14-BOS-RPT COUNTY TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@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 This request will not impact these facilities. 618SN0613-2018MAR14-BOS-RPT CASE HISTORY Applicant Submittals 10/09/2017 Application submitted 12/20/17, Application revised 02/05/2018 & 02/08/2018 Community Meeting 12/20/17 No citizens attended Planning Commission 01/16/18 Action DEFERRED TO FEBRUARY 20 2/20/18 Citizen Comments: No citizens spoke to this request. Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN ATTACHMENT 1 Motion: Stariha Second: Jackson AYES: Sloan, Jackson, Jones and Stariha ABSENT: Freye The Board of Supervisors on Wednesday, March 14, 2018, beginning at 6:00 p.m., will consider this request. 718SN0613-2018MAR14-BOS-RPT ATTACHMENT 1 CONDITIONS Note: The following conditions are recommended by the Planning Commission and Staff. 1. Use. This Conditional Use approval shall be granted to and for Austin and Danielle Barnes, exclusively, and shall not be transferable or run with the land. (P) 2. Use Limitation. This Conditional Use approval shall be for the operation of a business (fitness training and nutrition coaching) with group instruction, incidental to a dwelling. The use shall be limited to indoor activities within the garage area attached to the existing dwelling as depicted on Exhibit B. (P) 3. Time Limitation. This Conditional Use approval shall be granted for a period not to exceed three (3) years from the date of approval. (P) 4. Hours of Operation. Hours of operation shall be limited to the following: a.5:30 a.m. 2:30 p.m., 6:00 p.m. 7:00 p.m.; b.There shall be no operation of the use on Saturday or Sunday. (P) 5. Expansion of Use. No new building construction shall be permitted to accommodate this use. (P) 6. Employees. Only one (1) additional employee, other than the applicants, shall be permitted to work on the premises during the hours of operation. (P) 7. Group Instruction. No more than three (3) clients shall be on the premises at any one time between 5:30 a.m. and 9:00 a.m. Furthermore, no more than six (6) clients shall be permitted on the property at any one time between the hours of 9:00 a.m. and 2:30 p.m., and 6:00 p.m. and 7:00 p.m. (P) 8. Signage. One (1) sign, not exceeding 2.7 square feet in area, shall be installed along Winterpock Road at the entrance to residence and direct clients to the property, as shown on Exhibits A & B. (P) 9. Parking. No more than eight (8) vehicles, other than the applicants, shall be parked on the premises at any one time. Parking for these vehicles shall be restricted to the area designated on Exhibit B. (P) 818SN0613-2018MAR14-BOS-RPT ATTACHMENT 2 EXHIBIT A, KEY PLAN ' 918SN0613-2018MAR14-BOS-RPT ATTACHMENT 3 EXHIBIT B, Training Area and Parking ATTACHMENT 4 EXHIBIT C, SIGN LOCATION 1018SN0613-2018MAR14-BOS-RPT ATTACHMENT 4 EXHIBIT C, SIGN LOCATION 1118SN0613-2018MAR14-BOS-RPT ATTACHMENT 5 EXHIBIT D, SIGN ELEVATION 1218SN0613-2018MAR14-BOS-RPT