19SN0587
CASE NUMBER: 19SN0587
APPLICANT: Thomas Gordon
CHESTERFIELD COUNTY, VIRGINIA
MATOACA DISTRICT
AND RECOMMENDATION
Board of Supervisors (BOS) Hearing:
MAY 22, 2019
BOSTime Remaining:
365 DAYS
Contact:
THOMAS GORDON (804-920-9798)
Planning Department Case Manager:
193.4 Acres 11825 & 11835 Ivey Mill Road
DREW NOXON (804-796-7122)
REQUEST
Conditional Use to permit a business (special events) incidental to a dwelling in an Agricultural (A)
District.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions are located in Attachment 1.
SUMMARY
A special events venue including weddings/receptions, movie sets/photo shoots, reunions, church
gatherings, corporate functions, seasonal festivals, and picnics is currently operating on the
premises without the requisite zoning. Staff received a complaint regarding the business in
October, 2018. The operation exceeds ordinance limitations for a home occupation relative to the
outdoor location of activities, square-footage of use, employees and group assembly,
necessitating conditional use approval.
RECOMMENDATIONS
APPROVAL
PLANNING
COMMISSION
PLANNING - APPROVAL
Conditions ensure residential/agricultural character maintained
As conditioned, impacts on adjacent residential development will be
minimized
TRANSPORTATION - DENIAL
STAFF
River Road is narrow with minimal to no shoulders with several
substandard horizontal and vertical curves, potentially posing public
health, safety, and welfare hazards for patrons and neighbors
Likely no conditions or improvements offered by the applicant that would
mitigate safety concerns related to increased traffic on area roadways
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
River Road is narrow with minimal to no shoulders with several
substandard horizontal and vertical curves posing hazards for
CDOT patrons and area residents
Proposed development would contribute to an identifiable need for
transportation improvements. The applicant has not offered to
provide any mitigating road improvements
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Comprehensive Plan
Classification: RESIDENTIAL AGRICULTURAL
The designation suggests the property is appropriate for residential uses with a maximum of
0.5 dwellings per acre and agricultural uses.
Surrounding Land Uses and Development
Commercial use
-Gas Station
Single-family uses
Ivey Mill Rd.
River Rd.
Pypers Pointe Dr.
Single-family uses
-Rivers Trace
Corte Castle Rd.
Single-family uses
-Pypers Pointe
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PLANNING
Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov
Proposal
A special events business for weddings/receptions, movie sets/photo shoots, reunions, church
gatherings, corporate functions, seasonal festivals, and picnics has operated on the property
since June 2018. The applicants currently utilize a 69-foot by 36-foot (2,484 Square feet) barn, an
area for a temporary tents, other outdoor areas including gardens to the rear of the existing
dwelling, along with a field utilized for event parking (see site layout below).
Figure: Site Layout
In October 2018, the Planning Department received a complaint relative to the operation of the
business from the home. 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 location of the use within a dwelling or accessory structure, square-footage
of uses, employees and group assembly were not met. Once notified by staff of the violation, the
applicant filed for a Conditional Use to request continued operation of the special events business.
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The Plan suggests that in areas designated for Residential Agricultural use, commercial uses may
be appropriate for a limited period of time with minimal site improvements if designed to mitigate
impacts on existing and area development. The special events venue is located on a large parcel
character. The chart below provides an overview of the conditions recommended to assist with
minimizing impacts on surrounding properties.
General Overview
Requirements Details
Limited to the applicant and family members
Ownership
/ƚƓķźƷźƚƓ Њ
Limited to weddings/receptions, movie sets/photo shoots, reunions,
church gatherings, corporate functions, seasonal festivals and picnics
Use Limitation
Activities take place within barn and outdoor areas shown on Site
Layout
/ƚƓķźƷźƚƓ Ћ
2 years
Time Limit
/ƚƓķźƷźƚƓ Ќ
Twelve (12) per calendar year
Maximum
/ƚƓķźƷźƚƓ Ѝ
Number of Events
Events with maximum of 40 attendees (including
employees/vendors)
Monday Thursday from 8:00 a.m. 5:00 p.m.
o
Friday from 8:00 a.m. to 10:00 p.m.
o
Events with maximum of 250 attendees (including
Hours of
employees/vendors)
Operation/Group
Saturday from 10:00 a.m. 11:00 p.m. (cleanup complete/all
o
Assembly
attendees off premises by 12:00 a.m.)
Sunday from 10:00 a.m. 8:00 p.m. (Limited to six (6) per
o
calendar year)
/ƚƓķźƷźƚƓ Ў
Alterations and/or expansion prohibited (excluding tents)
Expansion of Use
/ƚƓķźƷźƚƓ Џ
One (1) security officer for each 100 persons in attendance
Security
/ƚƓķźƷźƚƓ А
Outside public address system limited to:
Live/amplified music
Speakers/amplifiers shall be faced towards southern parcel
Public Address
boundaries
Noise shall not exceed 55 dBa measured at parcel boundaries
/ƚƓķźƷźƚƓ Б
No signs permitted to identify the use
Signs
/ƚƓķźƷźƚƓ В
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COUNTY TRANSPORTATION
Staff Contact: Steve Adams (804) 748-1037 adamsSt@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 (special events). Traffic generated by
development of the property will be initially distributed via Ivey Mill Road to River Road.
Ivey Mill Road is identified on the /ƚǒƓƷǤ ŷƚƩƚǒŭŷŅğƩĻ tƌğƓ as a collector with a recommended
right of way width of 70 feet. Ivey Mill Road is a two-lane road. Sections of the road are
substandard, with approximately 10-foot lane widths and no usable shoulders. VDOT minimum
geometric design standards recommend this road have 11-foot lane widths and 6-foot
shoulders. In 2018, the traffic count on Ivey Mill Road was 850 vehicles per day (Level of Service
River Road is identified on the as a major arterial with a
recommended right of way width of 90 feet. River Road is a two-lane road. Sections of the road
are substandard, with approximately 10-foot lane widths and no usable shoulders. VDOT
minimum geometric design standards recommend this road have 12-foot lane widths and 10-
foot shoulders. In 2018, the traffic count on River Road at Ivey Mill Road was 3,700 vehicles per
While the direct access for the use will be from Ivey Mill Road, it is anticipated most patrons
attending special events on the property will travel to/from River Road. River Road is narrow
with minimal to no shoulders, several substandard horizontal and vertical curves, and
substandard geometry of the Ivey Mill Road and River Road intersection. In the last 5 years
(2014 2018), there have been 82 reported collisions on River Road between Second Branch
Road and Nash Road (approximately 5.7 miles). Two (2) of those collisions have occurred at the
River Road and Ivey Mill Road intersection with one involving a fatality.
Section 19.1-231 of the County Code outlines the general requirements to meet the needs of
the traffic generated by a proposed development, including acceptable levels of service. This
proposed development would contribute to an identifiable need for transportation
improvements. The applicant has not offered to provide any mitigating road improvements.
The Planning Department has recommended several conditions to limit the impacts of the
special events use. Conditions which may limit the impacts of the special events use on the
area roads are: 1) Two (2) year limitation on the use; 2) No new buildings/structures to
accommodate the use; 3) Maximum of twelve (12) events per calendar year; 4) Limit hours of
operation; and 5) Maximum of 250 patrons per event. Imposing a limit on the number of
patrons will be nearly impossible to monitor and enforce.
Due to the condition of River Road, staff cannot support the request.
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VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe(804-674-2560) jonathan.phillippe@vdot.virginia.gov
To date, no comments received.
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 and Emergency Medical Service (EMS) Facilities
Fire Station The Phillips Fire Station, Company Number 13
EMS Facility The Winterpock Fire Station, Company Number 19
This request will have minimal impact on Fire and EMS.
UTILITIES
Staff Contact: Mike Larson (748-1338) larsonm@chesterfield.gov
The subject properties are located in the mandatory water connection areas for new residential
structures and provisional connection area for new non-residential structures. Both new
residential and new non-residential structures are outside of the mandatory wastewater
connection areas. The home on 745-629-6042 is connected to public water, and the accessory
buildings on 745-628-5637 appear to be served by private well. Since the application does not
indicate any new structures there is no impact anticipated for the utilities department.
The Utilities Department supports this case.
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ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
Geography
The
Trace subdivision to a tributary of Lake Chesdin. Both properties are located within the
Appomattox River 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.
DEPARTMENT OF HEALTH
Staff Contact: Richard Michniak (804-748-1695) Richard.Michniak@vdh.virginia.gov
The Health Department must approve any new or expanded use of individual well and septic
systems.
SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net
PARKS AND RECREATION
Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov
This request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
01/15/19 Application submitted
Community Meeting
3/26/19 Issues Discussed:
Noise/suggestion that sound systems be directed away from homes on
north side of Ivey Mill Road
Security/guests trespassing on neighboring properties.
Suggestion that security officers be present during larger events
Time limitation on use/neighbors agreeable to two-year review period
Planning Commission
4/17/19 Citizen Comments:
One (1) citizen spoke to the request, stating support of the proposal if the
number of events could be reduced to eight (8) per year and that operations
would not take place on Sundays.
Commission Discussion:
Mr. Stariha noted that a community meeting was attended by nearby
neighbors and that the applicant had worked to minimize impacts. He stated
support for a maximum of 12 events per year with a two (2) year review
period; that the larger events on weekends would have less of a traffic impact
than on weekdays; that noise from a neighboring property during a recent
event was minimal; and the entrance to the property is along Ivey Mill Road,
which has a lower traffic volume than River Road and with adequate visibility
at that entrance. Mr. Stariha requested an amendment to Condition 5 to limit
the number of Sunday events to six (6) per year. The applicant agreed to this
amendment.
Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1.
Motion: Stariha Second: Jones
AYES: Jackson, Freye, Sloan, Jones and Stariha
The Board of Supervisors on Wednesday, May 22, 2019, beginning at 6:00 p.m., will consider
this request.
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ATTACHMENT 1
CONDITIONS
Note: The following conditions are recommended by both the Planning Commission and
Staff. An amendment to Condition 5 was recommended by the Planning Commission and
agreed to by the applicant. This amendment is displayed as underlined text.
1.Non-Transferable Ownership. This Conditional Use shall be granted to Thomas Gordon,
Dana Gordon, and their heirs Berkley Mudrick and Brittany Trible exclusively, and shall
not be transferable nor run with the land. (P)
2.Use Limitation. This Conditional Use approval shall be for the operation of a business
(weddings/receptions, movie sets/photo shoots, reunions, church gatherings, corporate
functions, seasonal festivals and picnics) with assembly, incidental to a dwelling. Activities
to include parking shall be limited to the areas depicted on the Figure (site layout) on
page 5. (P)
3.Time Limitation. This Conditional Use approval shall be granted for a period not to
exceed two (2) years from the date of approval. (P)
4.Maximum Number of Events. The number of events shall not exceed twelve (12) in one
(1) calendar year. (P)
5.Hours of Operation and Group Assembly. Operation of the use shall be limited to the
following:
a.Events consisting of a maximum of 40 clients and their guests, to include
employees/vendors, at any one time, shall take place Monday Thursday, from
8:00 a.m. 5:00 p.m., and on Fridays from 8:00 a.m. to 10:00 p.m.
b.Events consisting of a maximum of 250 clients and their guests, to include
employees/vendors, at any one time, shall take place Saturday from 10:00 a.m.
11:00 p.m., (with cleanup/lights out/all clients and their guests, to include
employees/vendors, off premises by 12:00 a.m.), and Sundays from 10:00 a.m.
8:00 p.m. Sunday events shall be limited to six (6) per calendar year. (P)
6.Expansion of Use. No new buildings/structures (excluding temporary tents) shall be
permitted to accommodate this use, unless as otherwise required by code to
accommodate handicapped accessibility. (P)
7.Security. A minimum of one (1) security officer for each 100 persons in attendance shall
be provided at all special events to direct traffic into and out of the property and to
monitor the lawful conduct of guests attending the event. (P)
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8.Public Address. Use of an outside public address system shall be limited to live and/or
amplified music. All speakers/amplifiers shall be faced towards the southern property
boundaries. Noise generated by this system shall not exceed 55 dBa as measured at the
parcel boundaries. (P)
9.Signage. No signs shall be permitted to identify this use. (P)
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