Loading...
18SN0841 CASE NUMBER: 18SN0841 APPLICANT: Caitlen Manning CHESTERFIELD COUNTY, VIRGINIA MATOACADISTRICT STAFF’S ANALYSIS AND RECOMMENDATION Board of Supervisors Hearing: OCTOBER 24, 2018 Board of Supervisors Time Remaining: 365 DAYS Applicant’s Contact: CAITLEN MANNING(804-691-4776) Planning Department Case Manager: 1.8Acres –17600 Elko Road DARLA ORR(804-717-6533) REQUEST Conditional use to permit a business (fitness training) incidental to a dwelling in an Agricultural (A) District. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Conditions and exhibit are located in Attachments1 and 2. SUMMARY A private and group fitness training business consisting of indoor exercise activities is currently operated within the 2,920 square foot detached accessory structure without the requisite zoning. Staff received a zoning complaint regarding the business in April, 2018. The operation exceeds ordinance limitations for a home occupation relative to the area of the accessory structure used for the business and the number of clients at any one time. RECOMMENDATIONS PLANNING APPROVAL COMMISSION PLANNING – DENIAL The proposed land use is incompatible with the low density residential STAFFuse suggested by the Comprehensive Plan There are likely no conditions that would fully mitigate the impact of this development on area single family residential use Providing a FIRST CHOICE community through excellence in public service 218SN0841-2018OCT24-BOS-RPT Comprehensive Plan Classification: LOW DENSITY RESIDENTIAL This designation suggests the property is appropriate for single family residential use of 1.0 dwelling unit per acre. Surrounding Land Uses and Development Zoned R-88; Single- family uses; Elko Farms Zoned A; single family residential Thornwood Lane Elko Road Vinewood Drive 318SN0841-2018OCT24-BOS-RPT PLANNING Staff Contact: Darla Orr(804-717-6533) orrd@chesterfield.gov Proposal An individual and group fitness training business is currently operating on the subject property. The applicant currently utilizes a detached accessory structure, approximately 2,920 square feet in area, as a gym and training area. The applicant indicates that nooutdoor exercisestake place on the premises. In April 2018, the Planning Department received a complaint relative to the operation of the business from the home withgroup instruction. Upon visiting the site, staffdeterminedthat the business was not in compliance with the Zoning Ordinance requirements for a home occupation. Specifically, the restrictions regarding the maximum area of 250 square feet of an accessory structure being used for the businessand the number of clients on the premises at any one 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. Staff is unable to support this request, as the use is incompatible with existing and anticipated area residential development. However, should the Planning Commission and Board of Supervisors determine it would be appropriate to approve this request, the following chart provides an overview of the conditions (Attachment 1) recommended to assist inmitigating the impacts of the use on area properties: General Overview Requirements Details Limited to the applicants only Ownership Condition 1 Fitness training withmaximum of 6 clients at any one time Only indooractivities and equipment within the 2,920 squarefoot Use detached accessory structure Conditions 2and 7, Attachment 2 5years Time Limit Condition 3 Monday – Thursday, 6:00a.m. –11:30 a.m., and 3:00 p.m. –6:30 p.m. Hours of Operation Friday, 8:00 a.m. –11:30 a.m.; No weekend operation Condition 4 Alterations and/or expansion prohibited Expansion of Use Condition 5 No employees other than family member employees who live in the home Employees Condition 6 No signs permitted to identify the use Signs Condition 8 Minimum of8 parking spaces provided as shown on site layout Parking Condition 9, Attachment 2 418SN0841-2018OCT24-BOS-RPT COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Steve Adams (804) 748-1037 adamsSt@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifiescounty-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. FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov This request will have a minimal impact on Fire and EMS. Nearby Fire and Emergency Medical Service (EMS)Facilities Fire Station The Ettrick Fire Station, Company Number 12 EMS Facility The Ettrick-Matoaca Volunteer Rescue Squad SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net As this proposal is within a 1.0-mile radius from Matoaca High School, CCPS reviewed the application documents and found that this request will have no impact on school facilities. Schools offer no comment on this case. UTILITIES Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The applicant’s request to convert detached garage to a gym on their property willhave no adverse impact on the utilities system. The applicant’s lot is currently connected to a well and utilizing a private septic system. The Utilities Department supports this case. HEALTH DEPARTMENT Staff Contact: Richard Michniak (804-748-1691) richard.michniak@vdh.virginia.gov The Health Department must approve any new or expanded use of an existing septic system. 518SN0841-2018OCT24-BOS-RPT ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Geography The majority of the subject property generally drains west through the Elko Farms subdivision to Franks Creek, which is a tributary to Swift Creek. The entire property is located within the Lower Swift Creek Watershed. Erosion and Sediment Control If greater than 2,500 square feet of total land disturbance will occur as a result of any proposed improvements or modifications, a land disturbance permit will be required. Stormwater Management If greater than 2,500 square feet will be disturbed with any proposed improvements, including any changes to the land cover, the project will be subject to the Part IIB technical criteria of the Virginia Stormwater Management Program Regulations for water quality and water quantity. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Jonathan Phillippe(804-674-2560) jonathan.phillippe@vdot.virginia.gov To date, no comments have been received. 618SN0841-2018OCT24-BOS-RPT CASE HISTORY Applicant Submittals 6/28/17Application submitted Community Meeting 9/10/18DISCUSSION: Property is well-maintained No issues with use or noise; cannot tell business use is there Cars parking on side of public road are parents at the bus stop, not from business Planning Commission Citizen Comments: No citizens spoke to this request. Commission Discussion: Mr. Stariha noted the community meeting revealed neighborhood support with the initial concerns related to noise and traffic impacts satisfied. Mr. Stariha recommends a five (5) year approval time in place of the three (3) yeartimeframe initially recommended by staff. Recommendation –APPROVAL WITH CONDITIONS IN ATTACHMENT 1 Motion: StarihaSecond:Jones AYES: Sloan, Jackson, Freye, Jones and Stariha The Board of Supervisors on Wednesday, October 24, 2018, beginning at 6:00 p.m., will consider this request. 718SN0841-2018OCT24-BOS-RPT ATTACHMENT 1 CONDITIONS Note: The Planning Commission recommendsimposition of the following conditions. 1.Use.This Conditional Use approval shall be granted to and for Caitlen Manning, 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) with group instruction, incidental to a dwelling. The use shall be limited to only indoor activitiesand equipmentwithinthe 2,920 square foot detached accessory building,as depicted on the site layout in Attachment 2. (P) 3.Time Limitation. This Conditional Use approval shall be granted for a period not to exceed five (5) years from the date of approval. (P) 4.Hours of Operation. Hours of operation shall be limited to the following: a.Monday – Thursday, 6:00 a.m. –11:30 a.m.,and 3:00 p.m. – 6:30 p.m. b.Friday, 8:00 a.m. –11:30 a.m. c.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, unless as otherwise required by code to accommodate handicapped accessibility. (P) 6.Employees. No employees, other than the applicantand any family member employees living in the home,shall be permitted to work on the premises.(P) 7.Group Instruction. No more than six (6) clients shall be on the premises at any one time. (P) 8.Signage. No signs shall be permitted to identify this use. (P) 9.Parking. No more than eight (8) vehicles, other than the applicant’s vehicles, shall be parked on the premises at any one time. Parking for these vehicles shall be restricted to the area designated on Attachment 2. (P) 818SN0841-2018OCT24-BOS-RPT ATTACHMENT 2 SITE LAYOUT Fitness business location Parking 918SN0841-2018OCT24-BOS-RPT