Providing a FIRST CHOICE community through excellence in public service

Transcription

1 Planning Commission Minutes Chesterfield, Virginia September 20, 2016 PRESENT: Dr. Edgar Wallin, Chairman Mr. Gib Sloan, Vice-Chairman Ms. Gloria Freye Mr. Michael Jackson Mr. Peppy Jones Mr. Kirk Turner, Secretary to the Commission, Director, Planning ALSO PRESENT: Mr. Mike Tompkins, Assistant Director, Planning Department Mr. Rob Robinson, Senior Assistant County Attorney, County Attorney s Office Ms. Tara McGee, Senior Assistant County Attorney, County Attorney s Office Mr. Steve Haasch, Planning Manager, Planning Department Ms. Bonnie Perdue, Planning Operations Administrator/Clerk to Planning Commission Planning Department Ms. Jane Peterson, Planning Manager, Planning Department Ms. Teresa Davis, Planning and Special Projects Coordinator Planning Department Ms. Darla Orr, Planning and Special Projects Manager, Planning Department Mr. Ryan Ramsey, Planning Special Projects Manager, Planning Department Mr. Jesse Smith, Director, Transportation Department Mr. Mike Nannery, Assistant Director Utilities Department Mr. Scott Smedley, Director, Environmental Engineering Department Mr. Dave Wolverton, Microcomputer Analyst Information Systems Technology Department Deputy Fire Marshall Anthony Batten, Fire and Life Safety, Providing a FIRST CHOICE community through excellence in public service

2 Fire and EMS Department Mr. Ray Cash, Zoning Administrator Planning Department Dr. David Pritchard, Special Projects County Administration ASSEMBLY AND WORK SESSION. Commissioners Wallin, Sloan, Freye, Jackson and Jones and staff assembled at 2:00 p.m. in the Public Meeting Room, Iron Bridge Road Chesterfield, VA, for a work session. I. CALL TO ORDER. Dr. Wallin called the meeting to order. II. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS, CHANGES IN THE ORDER OF PRESENTATION. There were no requests to postpone action, emergency additions or changes in the order of presentation. III. REVIEW UPCOMING AGENDAS. Ms. Peterson reviewed the upcoming cases for October 18, thirteen (13) cases, for November 15 thirteen (13) cases, for December 20 six (6) cases and for January 17, 2017 five (5) cases. IV. REVIEW DAY S AGENDA. Mr. Greg Allen presented an overview of, and staff s recommendations for six (6) cases to be considered at the 3:00 p.m. Public Meeting. Ms. Peterson presented an overview of, and staff s recommendations for the fourteen (14) cases, to be considered at the 6:00 p.m. Public Hearing. V. REVIEW WORK PROGRAM. There were no questions about the work program. VI. REVIEW PLANNING COMMISSION FOLLOW-UP ITEMS. There were no questions about the follow-up items list. VII. COMPREHENSIVE PLAN UPDATE DISCUSSION (17PJ0104). Mr. Haasch stated staff is in discussions with the Board and the Commission regarding the Comprehensive Plan update. Discussions in the Dale District resulted in potential additional Special Area Plans. At the October 18, 2016 Planning Commission meeting, Mr. Haasch will report back to the Commission with any updates CPC MinutesFINAL 2 P a g e

3 VIII. DISCUSSION OF CODE AMENDMENT RELATIVE TO REQUIRED PARKING SPACES FOR RESTAURANTS (17PJ0110). Mr. Ray Cash stated staff will be requesting that the Commission set a public hearing to consider Code Amendments relative to restaurant parking. This item came about as a request from the Board for consideration by the Planning Commission. The proposal would change the required parking standards for certain carry-out, fast food/drive-in and sit down restaurants. The proposed Code Amendment would reduce the standard to one (1) parking space per 100 square feet of gross floor area. Staff request the Commission set a Public Hearing for the October 18, 2016 Planning Commission Public Hearing. On motion of Mr. Sloan, seconded by Mr. Jackson, the Commission resolved to set a Public Hearing for Code Amendment Relative to Required Parking Spaces for Restaurants on October 18, IX. DISCUSSION OF TRACTOR TRAILER SERVICE STATION PLAN AMENDMENT (17PJ0113). Mr. Steve Haasch presented a brief overview of the Comprehensive Plan Amendment relative to Tractor Trailer Service Station. This came at the request of the Planning Commission and the purpose is to provide greater guidance as to the appropriate location for that kind of use in the Comprehensive Plan and the Zoning Ordinance. For the Zoning Ordinance Amendment portion for the same project, it would eliminate this use as a restricted use in the (C-5) category in the Ordinance and change the use from Permitted to Conditional Use in (I-2) and (I-3) Districts. Staff request the Commission set a Public Hearing for the October 18, 2016 Planning Commission Public Meeting. In response to a question from Mr. Jackson relative to the restriction of (C-5) in the eastern part of the county, Mr. Haasch responded that it was a result of the adoption in 1997 of the Eastern Midlothian Corridor Plan. On motion of Mr. Sloan, seconded by Mr. Jackson, the Commission agreed to set a Public Hearing for October 18, 2016 for Tractor Trailer Service Station Plan Amendment (17PJ0113) and Code Amendment Relative to Tractor Trailer Service Stations (17PJ0114). X. DISCUSSION OF CODE AMENDMENT RELATIVE TO TRACTOR TRAILER SERVICE STATIONS (17PJ0114). Discussion of this Code Amendment will occur at the October 18, 2016 Planning Commission Public Hearing CPC MinutesFINAL 3 P a g e

4 XI. UPDATE RELATIVE TO COMPLETE ROADS POLICY (16PJ0112). Dr. David Pritchard presented a brief overview relative to the Complete Roads Policy and instead of pushing forward; he would like to present this next month at the Comprehensive Plan update. XII. RECESS. There being no further business to discuss, the Commission recessed the Work Session at approximately 2:32 p.m. agreeing to reconvene in the Public Meeting Room at 3:00 p.m. for the Public Meeting. 3:00 P.M. PUBLIC MEETING - PUBLIC MEETING ROOM. I. CALL TO ORDER. Dr. Wallin, Chairman, called the meeting to order at 3:00 p.m., in the Public Meeting Room, Iron Bridge Road, Chesterfield, VA. II. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS, CHANGES IN THE ORDER OF PRESENTATION. There were no requests to postpone action, emergency additions, and changes in the order of presentation. III. REVIEW MEETING PROCEDURES. Mr. Turner dispensed with the reading of the meeting procedures. IV. APPROVAL OF THE PLANNING COMMISSION MINUTES. July 15, 2016 Field Trip Draft Minutes. On motion of Mr. Sloan, seconded by Mr. Jones the Commission resolved to approve the July 15, 2016 Field Trip Planning minutes. July 19, 2016 Regular Planning Commission Draft Minutes. On motion of Mr. Sloan, seconded by Mr. Jones the Commission resolved to approve the July 19, 2016 Regular Planning Commission Draft minutes. July 21, 2016 Special Meeting Draft Minutes CPC MinutesFINAL 4 P a g e

5 On motion of Mr. Sloan, seconded by Mr. Jones the Commission resolved to approve the July 21, 2016 Special Meeting Draft Minutes. V. PUBLIC MEETING. DEFFERAL REQUESTS BY INDIVIDUAL PLANNING COMMISSIONERS. B. 16TS0261*: In Bermuda Magisterial District, Keck Investment Properties requests Chesterfield County Planning Commission approval for a preliminary plat for 38 single family subdivision lots on a site totaling approximately Acres located at Happy Hill Road. This development is commonly known as Miswood Acres. Tax ID Mr. Jack Wilson, the applicant s representative, accepted deferral of Case 16TS0261 by the District Planning Commissioner to the November 15, 2016 Planning Commission Public Hearing. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Mr. Sloan, seconded by Ms. Freye, the Commission resolved to defer Case 16TS0261 with the applicant s consent, to the regularly scheduled November 15, 2016 Planning Commission Public Hearing. F. 17PR0110: In Matoaca Magisterial District, EDCO LLC requests reconfiguration of a stockpile on their lot totaling approximately Acres located at 7300 Hancock Village Drive and Ashbrook Parkway. Tax IDs ; Mr. Derrick Johnson, the applicant s representative, accepted deferral of Case 17PR0110 by the District Planning Commissioner to the October 18, 2016 Planning Commission Public Hearing. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Dr. Wallin, seconded by Ms. Freye, the Commission resolved to defer Case 17PR0110 with the applicant s consent, to the regularly scheduled October 18, 2016 Planning Commission Public Hearing CPC MinutesFINAL 5 P a g e

6 CONSENT ITEMS. A. 16TS0195: In Clover Hill Magisterial District, Bayhill Development requests preliminary plat approval of 295 townhouse subdivision lots on a site totaling approximately Acres 3539 Old Hundred Road and 3601 Old Hundred Road. Tax ID and Mr. Gary Scottow, the applicant s representative, accepted staff s recommendation. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Ms. Freye, seconded by Mr. Jones, the Commission resolved to recommend waiver of the road connection to Mill Meadow Drive for Case 16TS0195. On motion of Ms. Freye, seconded by Mr. Jones the Commission resolved to recommend approval of Case 16TS0195 subject to the following conditions: CONDITIONS 1. Prior to the recordation of the 51st lot, both entrances on Kelly Green Drive shall be constructed and connected. Prior to the recordation of the 101st lot, the emergency apparatus access shall be constructed and connected to the two entrances on Kelly Green Drive by either Seterra Run or Meadow Hill Drive. (F and P) 2. The emergency access shall be built and maintained to the fire department s standards based on the Virginia Statewide Fire Prevention Code. (F) 3. The Bailey Park homeowner s association shall be responsible for the maintenance of the emergency apparatus access for the lifetime of the access. (F) 4. All conditions and proffered conditions of zoning case 07SN0281 shall apply to the land shown within this preliminary plat. All construction proffers shall be placed on the final check and record plat. (P) 5. A community building and any associated active or passive recreation facilities shall be constructed prior issuance of building permits for individual townhouse units unless a phasing plan is approved through preliminary plat review. (P) 6. The BMP s initial predominant water-quality function shall be sediment control; the implementation of which shall be coordinated with the first portion of the project that drains in its direction. (EE) CPC MinutesFINAL 6 P a g e

7 7. The pedestrian-access facilities design as shown on the preliminary plat shall be included in the road and drainage plans that must be approved by both VDOT and the Environmental Engineering Department. Road right-of-way shall be wide enough to encompass the pedestrian-access facilities if the sidewalks meet State criteria. (EE) 8. The 100-year floodplain surrounding the wetlands will be shown as field located on the construction plans and shall be re-field verified prior to the issuance of a building permit. An NBP shall be stipulated for the affected lots. (EE) 9. The floodplain as shown on the approved construction plans and the recorded subdivision plat shall be the result of hydrologic and hydraulic engineering methods and assumptions which are approved by the Environmental Engineering Department. (EE) 10. A dam-failure analysis shall, at a minimum, be performed based on an over-topping breach of the dam embankment during a 100 year storm event. Criteria per the Virginia Dam Safety Act will take precedence. Existing or proposed homes shall be outside of the dam failure inundation limits. (EE) 11. The design and construction of the SWM/BMPS that will be County maintained facilities shall be subject to documented geotechnical approval. The services that must be provided by the geotechnical engineer shall include full-time geotechnical inspection paid for by the developer. That full-time inspection shall include but not be limited to the following: a. Participation/input into the design process as necessary to facilitate the approval process of the independent geotechnical consultant. Observation, testing and documentation of: i. Suitable sub-grades to receive compacted structural fill for earth dam construction. ii. The cut-off trench, spillway pipe, drainage blanket, riser structure, and concrete chute spillway sub-grades as applicable to evaluate whether suitable soil is present at bearing grade to verify proper installation. iii. Reinforcing steel, if required, to evaluate its conformance with the project plans and specifications. (EE) 12. The facility certification process shall be performed by an engineering/surveying professional approved by the County at the owner s expense. (EE) 13. The name of the geotechnical professional who will provide the geotechnical approval on the dam will be furnished prior to the issuance of the land disturbance permit. (EE) 14. As directed by Environmental Engineering, engineered filling, grading, and drainage improvements shall be included in the construction plans for those lots impacted by the concentration of stormwater runoff. The affected lots shall be annotated with an NBP. (EE) 15. Prior to construction plan approval, documentation must be provided to Environmental Engineering that certain property owners have been notified of the proposed construction activity. (EE) CPC MinutesFINAL 7 P a g e

8 16. Prior to construction plan approval, the wetlands map which accompanies the USCOE wetlands confirmation documentation shall be provided to the Environmental Engineering Department. (EE) 17. Unless otherwise approved, the spillway structure for the wet pond(s) shall be a concrete weir. (EE) 18. Environmental Engineering may impose more rigorous erosion and sediment control measures than that which is provided by the minimum standards found in the Virginia Erosion and Sediment Control handbook. (EE) 19. Roof gutters and downspouts shall be installed on the dwellings. All roof drainage leaders will be tied directly into minimum 12 onsite storm sewers or other stable conveyance systems deemed appropriate by the Environmental Engineering Department. (EE) 20. All improvements to existing transportation facilities required as a result of the impact of this project shall be the responsibility of the developer. Approval of detailed construction plans is a prerequisite to issuance of a land use permit allowing access onto and construction within state maintained rights of way. It should be noted that plan approval at this time does not preclude the imposition of additional requirements at construction plan review. (VDOT) 21. All right of way widths as shown are preliminary and should be so noted. Actual widths shall be determined by roadway design per terms of the 2005 Subdivision Street Requirements (2005 SSR). (VDOT) 22. All roadway elements shall be concentric around the centerline (except for turn lane tapers and storage). (VDOT) 23. The design of any/all proposed landscape embellishments (i.e., landscaping, hardscaping, signage, lighting, irrigation, fencing, etc.) to be installed within state maintained rights of way must be submitted to VDOT for review in conjunction with the initial submittal of road construction plans. VDOT approval of said plan shall be granted prior to installation. Failure to comply with these requirements may result in the removal of said embellishments prior to state acceptance. (VDOT) 24. All roads to be designed and constructed per current VDOT standards and specifications. (VDOT) 25. The construction of all roadways which are not defined as arterials or collectors in Chesterfield County s Thoroughfare Plan requires the implementation of a comprehensive inspection program to insure compliance with VDOT standards and specifications. Inspection services shall be provided utilizing the services of a licensed geotechnical engineer to perform the required inspection and testing. (VDOT) 26. The design of private entrance access along curb and gutter streets shall be in accordance with the 2005 SSR. (VDOT) CPC MinutesFINAL 8 P a g e

9 27. Adequacy of the ultimate outfall from proposed development shall be successfully demonstrated in the construction plans for the proposed subdivision, and all associated work shall be developer s responsibility. (VDOT) 28. Specific street design issues shall be addressed at the time of detailed geometric and hydraulic review of construction plans for this project. It should be noted that minimum intersection sight distance requirements are addressed in the current edition of the VDOT ROAD Design Manual, Appendix F. (VDOT) 29. Off-street parking spaces, if needed, shall be provided as required by 24 VAC E.2. (In the absence of local regulations that are deemed acceptable by the Department, the following criteria shall apply for the design of subdivision streets: A minimum of two offstreet parking spaces per dwelling unit, exclusive of garage facilities associated with the unit, shall be provided in the proximity of the unit they are intended to serve. A note is to be shown on the construction plans pertaining to the driveways satisfying the parking for two (2) off-street parking spaces per dwelling unit. (VDOT) 30. The design and construction of any pedestrian facilities for the proposed VDOT maintenance shall be in accordance with Appendix B1 of the 2011 SSAR. (VDOT) 31. Utility manholes as shown are preliminary and should be so noted. Actual locations of utility manholes shall be shown on construction plans and in accordance with Appendix B1 of the 2011 Secondary Street Acceptance Requirements (SSAR). (VDOT) 32. The development shall abide by the following informational notes: NOTES: A. Building setbacks are exclusive of wetlands. The building setback distance in relation to wetlands is 25. (EE) B. Any requirements of the subdivision ordinance adopted by Chesterfield County that are equal to or greater than 2005 SSR provisions are VDOT requirements in Chesterfield County and govern unless Chesterfield County concurs with an exception to their higher standards. C. Hydrant requirements and locations shown on the preliminary plan may not be acceptable. Hydrant(s) required and their location will be evaluated at the time of construction plan review. (F) D. It will be the responsibility of the sub divider to make certain by whatever means necessary (I.E., on-site water line looping or off-site water line extensions, etc.) that the demands generated by the project do not adversely affect any portion of the pressure zone the project is located within and that the addition of this project will not cause any area within the pressure zone to fail to comply with the Chesterfield County Fire Department s required fire flow of 1000 gpm at 20 psi residual. (U) CPC MinutesFINAL 9 P a g e

10 E. Refer to the board of supervisors zoning approval letter (case #07SN0281) dated May 23, 2007, under proffered conditions 3a, b, and c, for detailed public water/sewer usage for this development. (U) F. This office may require redesign or modifications to the proposed sewer layout, as shown on the latest tentative plan, once the field work, grading plan and sewer design has been completed by the engineer and shown on initial construction plan submittal for review and approval. (U) G. Compliance with of the Subdivision Ordinance in the Chesterfield County Code shall be maintained at all times. (P, F) H. Insert the preliminary plat case number in the site statistics note on the construction plans. (P) I. In conjunction with the submittal of the final plats, the subdivider shall flag all buffers for inspection by the planning department. If insufficient vegetation remains, the subdivider shall submit a landscape plan to the director of planning to ensure compliance with this condition. If conditions on site are not conducive to plant survival the subdivider shall provide surety to the county in the amount required to implement the plan. An estimate from a landscape contractor shall serve as the basis for the surety amount. (P) J. A note shall be placed on the final plat that indicates the buffers are exclusive of easements, cut and fill slopes and setbacks. The buffers are to remain undisturbed and no access is permitted through them to any adjacent roads. (P) K. Per , construction of the recreational facilities shall be completed prior to the issuance of any building permit unless a phasing plan is approved. (P) L. On the construction plans in the erosion control narrative, insert the provisions for the installation of tree protection fencing or tree protection tape to protect the required buffers. (P) M. Per section , a homeowners association with mandatory membership will be required. Ownership and maintenance responsibilities of the association shall be stated on all final plats. The subdivider shall submit draft bylaws and covenants of the association with the state corporation commission. The approved bylaws and covenants shall be recorded prior to or in conjunction with the record plat. The recordation information shall be shown on the final plat and each subsequent final plat. The subdivider shall fund the first year operational expenses of the association. (P) N. In conjunction with all applicable road construction, the subdivider shall install a standard barricade and place M 4-6 and M 4-7 (manual uniform: traffic devices reference manual) signs on said barricade at the end of all stub locations. Provide a detail of the signs on the barricade detail in the construction plans. (P) O. The future development notation shall not be permitted on final plats. (P) P. Any road and lot configurations outside the limits of tentative case 03TS0127 are not included in this review. (P) CPC MinutesFINAL 10 P a g e

11 Q. Standard conditions per of the subdivision ordinance. (P) R. Building envelopes shall be shown on all lots that are impacted by wetlands or mining activities. Dimensioned front building lines shall be shown on all lots that do not achieve the required lot width at the minimum setback distance. (P) S. The final plat shall show the zoning district limits and applicable proffers addressing construction standards such as house size. Any special conditions relative to architectural treatments shall also be noted. (P) T. The removal of the existing driveways located in the buffers along Old Hundred Road will require replanting. A landscape plan shall be submitted prior to final plat approval. (P) U. A landscape plan shall be required depicting requirements of C. 16TW0266*: In Dale Magisterial District, Jack Wilson requests relief to section G.3.a to allow more than 100 lots off a one way in and out collector street with an emergency access in Watermark in a Residential (R-7) and Commercial (C-3) District located on acres on the West Line of Route 10 at the intersection of Kingsland Glen. Tax ID , , , , , , , and Mr. Jack Wilson, the applicant s representative, accepted staff s recommendation. No one came forward to speak in favor of, or in opposition to the case. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Mr. Jackson, seconded by Mr. Jones, the Commission resolved to recommend approval of Case 16TW0266 and acceptance of the following conditions: CONDITIONS 1. The extension of Kingsland Glen Drive west to provide a second point of access shall be constructed prior to the recordation of the 101st lot within the development sections of the townhomes. 2. The extension of Crosswinds Boulevard south to provide a second access point shall be constructed prior to the recordation of any additional single family lots beyond the 43 lots proposed for Section H CPC MinutesFINAL 11 P a g e

12 D. 17PR0103: In Clover Hill Magisterial District, Virginia Credit Union approval for a landscape plan on a site totaling approximately Acres located at Tredegar Lake Parkway. Tax IDs Mr. Greg Allen stated the applicant is in agreement with the staff report. No one came forward to speak in favor of, or in opposition to the case. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Ms. Freye, seconded by Dr. Wallin, the Commission resolved to recommend approval of Case 17PR0103. E. 17TS0108: In Clover Hill Magisterial District, Gene and Angela Strickland request approval to remove the buffer on a site totaling approximately.0466 Acres located at Bondurant Drive. Tax ID Mr. Gene Strickland, the applicant, accepted staff s recommendation. No one came forward to speak in favor of, or in opposition to the case. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Ms. Freye, seconded by Mr. Jones, the Commission resolved to recommend approval of Case 17TS0108. VI. RECESS. There being no further business to discuss, the Commission recessed the Afternoon Session at approximately 4:20 p.m. agreeing to meet in the Executive Meeting Room at 5:00 p.m. for dinner; and to reconvene in the Public Meeting Room at 6:00 p.m. for the Public Hearing. 5:00 P.M. DINNER - EXECUTIVE MEETING ROOM. During dinner, there was general discussion on topics related to the Planning Commission CPC MinutesFINAL 12 P a g e

13 6:00 P.M. PUBLIC MEETING AND HEARING. I. CALL TO ORDER. Dr. Wallin called the session to order. II. INVOCATION. Dr. Wallin presented the invocation. III. PLEDGE OF ALLEGIANCE TO THE FLAG OF UNITED STATES OF AMERICA. The Commission led in the Pledge of Allegiance to the Flag. IV. REVIEW UPCOMING AGENDAS. Mr. Turner reviewed the caseload for October, November, December and January V. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS OR CHANGES IN THE ORDER OF PRESENTATION. Dr. Wallin stated the Commission will move Item 10 to the end of the agenda. VI. REVIEW MEETING PROCEDURES. Mr. Kirk Turner reviewed the meeting procedures. VII. CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS INVOLVING THE SERVICES, POLICIES AND AFFAIRS OF THE COUNTY GOVERNMENT REGARDING PLANNING OR LAND USE ISSUES. There were no citizens comments on unscheduled matters. VIII. PUBLIC HEARING. DEFFERAL REQUESTS BY INDIVIDUAL PLANNING COMMISSIONERS CONDITIONAL USE, CONDITIONAL USE PLANNED DEVELOPMENTS AND REZONINGS. A. 16SN0691*: (AMENDED) In Matoaca Magisterial District, RREF II-TFC Greenwich LLC requests amendment of conditional use planned development (Case 12SN0226) relative to architectural standards, garage setbacks and drive widths and amendment of zoning district map in a Multifamily Residential (R-MF) District on 76.9 acres fronting 800 feet on the east line of Otterdale Road, 1,000 feet south of Foxcreek Crossing. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium- High Density Residential (Minimum 4.0 to 8.0 dwellings per acre). Tax IDs ; ; ; , 1167 and 5982; CPC MinutesFINAL 13 P a g e

14 Mr. Jack Wilson, the applicant s representative, accepted deferral of Case 16SN0691 by the District Planning Commissioner to the November 15, 2016 Planning Commission Public Hearing. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Dr. Wallin, seconded by Ms. Freye, the Commission resolved to defer Case 16SN0691 with the applicant s consent, to the regularly scheduled November 15, 2016 Planning Commission Public Hearing. J. 17SN0505: In Midlothian Magisterial District, Amy D. Varela requests rezoning from Agricultural (A) and Community Business (C-3) to General Business (C-5) and amendment of zoning district map on 2.2 acres known as Midlothian Turnpike. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office, Research and Development and Light Industrial uses. Tax ID Ms. Amy Varela, the applicant, accepted deferral of Case 17SN0505 by the District Planning Commissioner to the November 15, 2016 Planning Commission public hearing. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Mr. Jones, seconded by Ms. Freye, the Commission resolved to defer Case 17SN0505 with the applicant s consent, to the regularly scheduled November 15, 2016 Planning Commission Public Hearing. B. 16SN0704***: In Clover Hill Magisterial District, Sports Frog, LLC, HMG Investments, LLC and Waterford Business Center, LC request rezoning from Community Business (C-3) and Light Industrial (I-1) to Regional Business (C-4) with conditional use to permit multifamily, townhouse, exposition center, stadium, arena, outside storage, public address system, electronic message center signs and brewery uses, and conditional use planned development to permit boat sales/service/repair, model homes and exceptions to ordinance requirements and amendment of zoning district map on acres located in the northeast and northwest quadrants of Genito Road and Genito Place at Rt Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax IDs ; Part of 3176; and CPC MinutesFINAL 14 P a g e

15 Mr. Jack Wilson, the applicant s representative, stated that due to contractual reasons he could not accept the deferral of Case 16SN0704 but did look forward to discussing the case with the Commission. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Ms. Freye, seconded by Mr. Sloan, the Commission resolved to defer Case 16SN0704 with the applicant s consent, to the regularly scheduled November 15, 2016 Planning Commission Public Hearing and to discuss the case at the October 18, 2016 Work Session. CONSENT ITEMS CONDITIONAL USES, CONDITIONAL USE PLANNED DEVELOPMENTS, REZONING AND SUBSTANTIAL ACCORD. E. 16SN0733: In Bermuda Magisterial District, Chesterfield County Board of Supervisors request conditional use to permit a farm (keeping of horses) and amendment of zoning district map in a Residential (R-7) District on 6.1 acres fronting the western line of Quailoaks Avenue, across from Egee Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51 to 4.0 units per acre). Tax IDs , 3958, 4349, 4739, 5030, 5487, 6269 and Mr. Kirk Turner, the applicant s representative, accepted staff s recommendation. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Mr. Sloan, seconded by Mr. Jackson, the Commission resolved to recommend approval of Case 16SN0733 subject to the following conditions: CONDITIONS 1. Use: This Conditional Use approval shall be for a stock farm use, which shall be limited to the keeping of a maximum of three (3) horses. (P) 2. Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively to Shirley Simpson, and shall not be transferable with the land. (P) 3. Commercial Activity: No commercial activity, such as the breeding or sale of animals, shall be permitted in conjunction with this use. (P) CPC MinutesFINAL 15 P a g e

16 4. Animal Waste: All areas associated with the keeping of horses (pastures, stables, shelters, etc.) shall be cleaned and made free of waste on a regular basis. In addition, the property owner shall employ a means of eliminating any odor problems and propagation of insects. (P) 5. Existing Improvements. The stable enclosure and pasture area shall be located on the site as shown on Exhibit A, dated August 18, F. 16SN0734: In Matoaca Magisterial District, Bonita M. Ramey and Claude R. Ramey request a conditional use to permit a second dwelling and amendment of zoning district map in an Agricultural (A) District on acres known as Bundle Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Rural Residential/Agricultural. Tax ID Mr. and Mrs. Claude Ramey, the applicant s, accepted staff s recommendation. Mr. David Ramey and Mr. and Mrs. Joseph Olivier support the case. No one else came forward to speak in favor of, or in opposition to, the request. There being no one else to speak, Dr. Wallin closed the Public Hearing. On motion of Dr. Wallin, seconded by Mr. Jones, the Commission resolved to recommend approval to Case 16SN0734 subject to the following conditions: CONDITIONS 1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 2. For the purpose of providing record notice, within thirty (30) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) G. 16SN0736: In Matoaca Magisterial District, Jacqueline S. Tomlin requests conditional use planned development to permit a business (fortune teller) incidental to a dwelling and amendment of zoning district map in an Agricultural (A) District on 1 acre known as River Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use (maximum of 0.5 dwellings per acre). Tax ID CPC MinutesFINAL 16 P a g e

17 Ms. Jacqueline Tomlin, the applicant, accepted staff s recommendation. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Dr. Wallin, seconded by Ms. Freye, the Commission resolved to recommend approval of Case 16SN0736 subject to the following conditions: CONDITIONS 1. Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively to Jacqueline S. Tomlin, and shall not be transferable with the land. (P) 2. Use: This Conditional Use approval shall be for the operation of a fortune teller business, incidental to a dwelling. (P) 3. Time Limitation: This Conditional Use shall be granted for a period of five (5) years. (P) 4. Location of Use: The use shall be confined to the existing dwelling. (P) 5. Employees and Clients: No employees shall be permitted to work on the premises, other than family member employees that live on the premises. No clients shall be permitted on the property. (P) 6. Assembly & Group Instruction: Assembly or group instruction on the premises shall be prohibited. (P) 7. Equipment/Vehicles. No more than one (1) vehicle associated with the business shall be parked on the premises. The vehicle shall not exceed 10,000 pounds or have more than 2 axles. (P) 8. Signage: There shall be no signs identifying this use. (P) H. 17PD0115***: In Bermuda Magisterial District, Chesterfield County Public Schools request substantial accord determination to permit a public elementary school and amendment of zoning district map in a Residential (R-7) District on 3.1 acres known as 2021 East Hundred Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID Part of Mr. Chris Sorrenson, the applicant, accepted staff s recommendation CPC MinutesFINAL 17 P a g e

18 No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Mr. Sloan, seconded by Ms. Freye, the Commission resolved to recommend approval of Case 17PD0115 subject to the conditions: CONDITIONS 1. Design District. Except where the requirements of the underlying Residential (R-7) zoning are more restrictive, as well as the modified setback and buffer requirements outlined in Conditions 2 and 3, development of the property shall conform to the requirements of the Zoning Ordinance for Corporate Office (O-2) Districts in the Enon Core Design District. (P) 2. Recreational Facility Setbacks & Buffer. All playground areas (i.e. area accommodating swings, jungle gyms or similar such facilities) and all outdoor play fields, courts, swimming pools and similar active recreational facilities shall be located a minimum of: a. Thirty-five (35) feet from adjacent properties (owned by others) zoned residential and occupied with residential use. Within the thirty-five (35) foot setback, a buffer consisting of fencing and landscaping shall be provided in accordance with Exhibit A. Nothing herein shall prevent development of indoor facilities within the thirty-five (35) foot setback. b. Fifteen (15) feet from Florence Avenue. Within the fifteen (15) foot setback, a buffer consisting of fencing and landscaping shall be provided in accordance with Exhibit B. However, any swimming pool shall meet the required minimum setback for these structures located within R Districts. c. Ten (10) feet from the future shared property line between the school site and the existing church. Within the ten (10) foot setback, a buffer consisting of fencing and landscaping shall be provided in accordance with Exhibit B. (P) 3. Parking Setbacks & Buffer. All parking areas shall be located a minimum of thirty-five (35) feet from adjacent properties (owned by others) zoned for and occupied by residential uses. Within the thirty-five (35) setback, a buffer consisting of fencing and landscaping shall be provided in accordance with Exhibit A. (P) 4. Lighting. Other than security and parking area lighting, there shall be no exterior lighting for any facilities located on the property. (P) CPC MinutesFINAL 18 P a g e

19 L. 17SN0512: In Bermuda Magisterial District, Jack N. Harris requests rezoning from Corporate Office (O-2) to Community Business (C-3) and amendment of zoning district map on 2.1 acres fronting 225 feet on the north line of Rivington Drive, 550 feet west of Branders Creek Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium-High Density Residential (Minimum 4.0 to 8.0 dwellings per acre). Tax ID Mr. Kerry Hutcherson, the applicant s representative, accepted staff s recommendation. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Mr. Sloan, seconded by Ms. Freye, the Commission resolved to recommend approval of Case 17SN0512 and acceptance of the following proffered conditions: PROFFERED CONDITIONS The Applicant in this case, pursuant to Section of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for himself and his successors or assigns, proffers that the property known as Chesterfield County Tax Identification Number ( the Property ) under consideration will be used according to the following proffer(s) if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the owner and Applicant, the proffer(s) shall immediately be null and void and of no further force or effect. 1. Uses: Uses permitted shall be limited to the following: a. Any permitted use in the C-2 District. b. Carpenter and cabinetmakers offices and display rooms. c. Contractors offices and display rooms. d. Electrical, plumbing, or heating supply sales, service, and related display rooms. e. Feed, seed, and ice sales. f. Greenhouses or nurseries. g. Home centers. h. Recreational establishments, commercial-indoor, including, but not limited to a senior-citizen s center. i. Repair services, excluding motor vehicle repair. j. Restaurants, to include carry-out. k. Schools commercial, trade, vocational, and training. l. Secondhand and consignment stores, excluding motor vehicle consignment lots. m. Veterinary hospitals or clinics and/or commercial kennels, excluding outdoor runs. n. Outside storage, as accessory to a permitted use, including, but not limited to: retail building materials; construction equipment/materials; feed/seed items, CPC MinutesFINAL 19 P a g e

20 garden centers, greenhouses, hot houses; miscellaneous materials for retail/wholesale sales; provided that: i. Such uses are screened from view of any adjacent properties on which such uses are not permitted or do not exist, and from areas currently zoned R, R-TH, R-MF, A, O, MH, or I-1. ii. No more than ten percent of the gross floor area of the principal use may iii. be used for outdoor storage. Site or architectural design, topography, landscaping, setbacks or other features shall be used to minimize the visibility of the aforementioned outside storage uses as viewed from limited access roads. o. Continuous outside display of merchandise for sale, as accessory to a permitted use, provided that the use is limited to either of the following areas: i. An area located under a covered pedestrian way that does not exceed 16 feet in width where other pedestrian ways are not obstructed, where no more than five percent of the gross floor area of the principal use is used for outside display purposes; and ii. An additional area which conforms to the parking setback requirements of the district; screened from view of adjacent properties on which outside display is not permitted or does not exist, A property designated on the comprehensive plan for R, R-TH, R-MF, MH, A, O or I-1 uses, and external roads; and this display area plus any permitted outside storage area does not exceed 10 percent of the gross floor area of the principal use. p. Prepared food and fruit and vegetable vendors, provided that: i. Only prepared food, fruits, and vegetables shall be sold; ii. They shall be permitted only on a lot or parcel occupied by a permanent use; iii. They shall be located where improved permanent parking facilities are available for their use, provided that the required minimum and most convenient parking spaces for the existing permanent use shall be used; iv. Any temporary structure, vehicle, sign or other material associated with or resulting from the use shall be removed from the lot or parcel no later than 24 hours following the end of the temporary sale cessation of the use; and v. All vendor areas shall be located a minimum of 1,000 feet from any property in an R, R-TH, or R-MF District or any property currently zoned Agricultural and designated for residential use on the comprehensive plan unless the sales area is separate from the property by a permanent building, provided that all such areas shall be located in accordance with the district s minimum yard setbacks. (P) 2. Architectural Compatibility: For the purposes of architectural treatment, the Property shall be considered as part of a project consisting of Chesterfield County Tax Identification Numbers ; and , 2949 and (P) CPC MinutesFINAL 20 P a g e

21 M. 17SN0514: In Midlothian Magisterial District, Bharat Shah requests amendment of conditional use planned development (Case 80SN0156) relative to uses and amendment of zoning district map in a Community Business (C-3) District on 1.1 acres known as Midlothian Turnpike. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Village Fringe and Village Area uses. Tax ID Mr. Tim Seldon, the applicant s representative, accepted staff s recommendation. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Mr. Jones, seconded by Ms. Freye, the Commission resolved to recommend approval of Case 17SN0514 and acceptance of the following proffered conditions: PROFFERED CONDITIONS The Applicant hereby amends Condition 1 of Case 80SN0156 to read as follows: 1. Uses. Permitted uses shall be uses permitted by right, or with restrictions, in the Community Business (C-3) District except for the uses listed below, which shall be prohibited: i. Alternative Financial Institutions ii. Automobile Vehicle Sales, Repair, Service and Rental, including Automobile Vehicle Consignment lots iii. Automobile Vehicle Wash iv. Cocktail Lounges or Nightclubs v. Coin Laundry vi. Commercial Kennels vii. Communication towers viii. Fraternal Uses ix. Feed, seed and ice sales x. Funeral Home or Mortuary xi. Halfway Houses xii. Home Centers xiii. Hospitals xiv. Hotels xv. Indoor or Outdoor Flea Markets xvi. Liquor Store xvii. Material reclamation and recycling centers xviii. Motor Vehicle Sales, Repair, Service and Rental, including Motor Vehicle Consignment lots xix. Motor Vehicle Wash xx. Outside Public Address systems CPC MinutesFINAL 21 P a g e

22 xxi. xxii. xxiii. xxiv. xxv. xxvi. xxvii. xxviii. xxix. Park and ride lots Restaurant, fast food or drive-in Tattoo Parlors Taxidermies Theaters, including drive-in Veterinary Hospital with outside runs. Sign, computer controlled variable message electronic Dwelling, townhouse Warehouse, accessory to permitted use (P) (Note: Except as amended herein, all previous conditions of zoning approved in Case 80SN0156 shall remain in full force and effect.) 2. External Lighting. Lighting along the perimeter of the development adjacent to Midlothian Turnpike shall be of a pedestrian scale. Light fixtures shall be installed with a design consistent with the Midlothian Village Guidelines and spaced as may be approved by the Planning Department at time of site plan review. (P) 3. Road Improvement. Prior to the issuance of an occupancy permit for any redevelopment or additional development, as determined by the Transportation Department, a concreate sidewalk shall be constructed along Midlothian Turnpike (Route 60) from the existing sidewalk to Winterfield Road. Any additional right-of-way (or easements) required for the improvement shall be dedicated, free and unrestricted, to Chesterfield County. (T) N. 17SN0533***: In Bermuda Magisterial District, Chesterfield County Board of Supervisors request a conditional use planned development to permit exceptions to ordinance requirements relative to setbacks and square footage of accessory buildings and amendment of zoning district map in a Residential (R-7) District on 0.7 acre located in the western corner of Bermuda Avenue and Hanover Street. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax IDs and Mr. Kirk Turner, the applicant s representative, accepted staff s recommendation. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Mr. Sloan, seconded by Mr. Jackson, the Commission resolved to recommend approval of Case 17SN0533 subject to the following conditions: CPC MinutesFINAL 22 P a g e

23 CONDITIONS 1. The exceptions identified in Conditions 2 and 3 are limited to the improvements noted in Exhibit 1. Any further improvements or other accessory structures shall meet Ordinance requirements. (P) 2. The minimum front yard setback for the proposed detached carport shall be ten (10) feet. Side and rear yard setbacks for the carport shall conform to the requirements of the Ordinance for Residential (R-7) Districts. (P) 3. The gross square footage of all accessory structures on the lot shall not exceed 1,348 square feet. (P) CONDITIONAL USES - OTHER. D. 16SN0717: In Dale Magisterial District, Alton Lee Proctor, Jr. and John Willoughby Spence request conditional use to permit a business (tourist home) incidental to a dwelling and amendment of zoning district map in a Residential (R-7) District on 0.5 acre known as 4616 Whitestone Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID Ms. Darla Orr presented an overview and staff s recommendation for denial as the request introduces commercial transient occupancy into a residential area; permits more than one family to occupy a residence at one time; and it is unlikely that conditions could fully mitigate area impacts. Applicants have been operating a business out of their home for four (4) years and it came to Zoning as a Code Enforcement complaint. While the term Airbnb may be used in reference to the proposed tourist home, Airbnb refers to a website through which the use is advertised. Mr. John Spence and Mr. Alton Proctor, the applicants, do not agree with staff s recommendation and would like to continue to operate their Airbnb. Mr. Spence explained the type of guests that stay at their home are not transients and the company that works with them does background checks on the guests and collects the money. The following citizens do not support the case citing the Airbnb is too close to an elementary school; safety concerns due to transient occupancy; introduces business use into neighborhood; no trained security like a hotel; impacts character of area and jeopardizes reinvestment in Meadowbrook community; negative impact on property values; increased noise and traffic; and applicant s noncompliance with Ordinance. Mr. Michael Rost, Mr. Lowell Harrison, Ms. Louane Probstle, Ms. Angela Shield, Ms. Gloria Walters, Mr. Winfred Gilespie, Mr. Julius Huggins, Mr. Jerry Derbanc, Mr. Coner Shield, Ms. Virginia Arendale, Mr. Garland Smith and Ms. Cherly Fleming CPC MinutesFINAL 23 P a g e

24 The following citizens support the Airbnb citing; Airbnb represents a new travel experience; promotes area tourism and supports local businesses; and provides affordable and safe lodging. The property is well maintained; applicants are good hosts; the use is insured with background checks; government should not regulate who is permitted in someone s home; and no adverse impact on property values. Ms. Karen Kelly, Ms. Margaret Challis, Ms. Margie Langston, Ms. Shelia Demetriadis, Ms. Cindy Fry, Mr. Stevie Brown, Mr. Christopher Griggs, Mr. Jacob Daniel, Mr. Nickoli Jerome, Mr. Chris Hobbs, Mr. Ernest Moore, Ms. Tammy Howell, Ms. Susan Hilton, Ms. Lynda Mauiletie, Ms. Teresa Wulf Heller and Mr. Jim Heller. No one else came forward to speak in favor of, or in opposition to, the request. There being no one else to speak, Dr. Wallin closed the Public Hearing. Dr. Wallin stated the Commission has received a petition of 302 signatures in opposition to the request and although not verified, the petition states they come from zip code area. Mr. Spence and Mr. Proctor rebutted that they would complete the appropriate business licenses, they would have only two (2) bedrooms used with two (2) people per room, they will not sell food, they are not a hotel and there is no signage. In response to a question of Mr. Sloan s, Mr. Spence indicated that he did not apply for a conditional use in 2015 as he had anticipated a decision on this type of use from the General Assembly which did not occur this year. In response to a question of Dr. Wallin s, Ms. Orr stated the County received a complaint in November 2015 and they were issued a notice of violation. The applicants advised the Code Compliance staff that they were going to cease the use and they didn t apply for zoning as they stated and they were removing their listing on the Airbnb website. It was brought to staff s attention in March 2016 that they had reposted the property on the website under a different name and were cited a violation and the court case pending is about this violation. Mr. Sloan noted the applicants address was available on Airbnb. Mr. Spence indicated his understanding was that the address was not made available unless a room has been booked. Mr. Sloan stated that the decision of the Commission was relative to land use, not a debate over the pros and cons of Airbnb. He expressed concern that people in the (R-7) neighborhood expect to live in a residential neighborhood without anticipating a tourist home business. He also expressed concern that background checks through Airbnb require the legal name of the person booking, not others in the lodging party. In response to questions of Ms. Freye and Mr. Sloan, Ms. Orr responded that she was unaware of approvals for other tourist homes in the County; that Bed & Breakfast operations incidental to special events facilities have been approved in the County, but not typically within neighborhoods; and that hotel/motel uses are permitted in commercial districts CPC MinutesFINAL 24 P a g e

25 Mr. Jackson noted the applicants purchased property is in a single family residential subdivision. He noted that Zoning Ordinance guidelines for granting a conditional use states that consideration should be given to the impact a use may have on the use and enjoyment of neighboring properties which permit single family residential use. He added that tourist homes have been a regulated use in the county for decades and that there were likely no conditions that would make the use acceptable to neighbors. On motion of Mr. Jackson seconded by Mr. Sloan, the Commission recommended denial for Case 16SN0717. THE COMMISSION RECESSED AT 8:28 P.M. THE COMMISSION RECONVENED AT 8:35 P.M. C. 16SN0724*: In Clover Hill Magisterial District, PI Tower Development, LLC requests conditional use to permit a communications tower in a Residential (R-7) District on 2.3 acres of a 5.8 acre parcel known as 9600 Reams Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID Ms. Jane Peterson presented an overview and staff s recommendation of denial as the request does not comply with the Public Facilities Plan, an element of the Comprehensive Plan. The tower location and design do not effectively conceal the facility and minimize visual impacts of the tower in residential areas and it does not comply with the Telecommunications Tower Siting Policy relative to setbacks from existing dwellings. Should the Commission support the request, the applicant has agreed to the conditions in the staff report. Mr. Will Shewmake, the applicant s representative, stated that cellular service is in need of this tower as there is a major hole of service. There is a network of towers that provide coverage but because there is a hole in this area, the towers cannot effectively communicate. This site is attractive as a co-location site. The site was available to lease and is covered with mature trees. They have proffered putting evergreens around the compound, the balloon test was done and most vantage points did not show the balloon. The monopine is not that visible and blends in. Ms. Tammy Davis does not support the site for the tower noting concerns with potential loss of tree coverage over time and wintertime visibility of the tower; the monopine design; and impacts on area property values. No one else came forward to speak in favor of, or in opposition to, the request. There being no one else to speak, Dr. Wallin closed the Public Hearing CPC MinutesFINAL 25 P a g e

26 Mr. Shewmake stated they invited the neighbors to the balloon test and the simulations are accurate. Putting the tower there will preserve the stand of trees as a subdivision will not go there now. Mr. Jones expressed concern regarding the height differential between the tower and surrounding vegetation; and a preference for providing shorter towers to blend with surrounding landscape and meet area cellular coverage needs. Dr. Wallin noted that cellular communication has become an expectation rather than a convenience; and that the appropriate height and design of these facilities depends upon the proposed location and surrounding environment. Mr. Sloan indicated in viewing the photo simulations, the monopole appeared less visible than the proposed monopine. Ms. Freye noted two (2) community meetings were held to discuss this request. While not all of the neighbors are satisfied with the proposal, it is clear there is a heavy reliance on cellular communication. This infrastructure is not invisible; however, the proposed wooded location and large lease area help to screen the facility while the design and height maximize the number of carriers, avoiding tower proliferation. On motion of Ms. Freye, seconded by Mr. Sloan, the Commission resolved to recommend approval of Case 16SN0724 and acceptance of the following proffered conditions: PROFFERED CONDITIONS 1. The tower and access entrance shall be sited on the property in the location shown on the plans prepared by B C Architects Engineers, revised August 8, 2016, and titled "Proposed 148 Monopine in a New Fenced Compound" (the Plans ). (P) 2. There shall be no signs permitted to identify this use. (P) 3. The base of the tower shall be enclosed by a wood board-on-board fence designed to preclude trespassing and to screen the base of the tower and ground-mounted equipment from adjacent properties (the Fence ). The Fence shall have a height equal to or greater than the height of the tallest ground-based equipment or shelter (excluding the tower) installed within the 80 x 80 fenced compound. The fence shall be stained or painted a neutral color. Sufficient room between the fence and the lease boundary line shall be maintained to accommodate evergreen plantings having an initial height and space to provide a buffer around the fenced compound. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) 4. The color, design and lighting system for the tower shall be as follows: a. The tower shall be a monopine design consistent with the tower elevation contained in the Plans. The lower braches on the monopine shall be located no higher on the tower than the height of the surrounding tree canopy, as determined by the Planning Department. In no event shall the CPC MinutesFINAL 26 P a g e

27 lower branches be located higher on the tower than 100 feet from the ground elevation of the tower site. b. The tower shall not be lighted c. No satellite dish or microwave antennas shall be attached to the telecommunications tower d. The tower color shall blend with surrounding vegetation, as acceptable to the Planning Department (P) 5. Any building or mechanical equipment shall comply with the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment in 0, C, and I Districts. (P) 6. Prior to use of this telecommunications tower, the owner of the tower shall obtain approval of the structural integrity by a registered professional engineer licensed in Virginia and a copy of the report file with the Planning Department. (P) 7. The tower shall not exceed a height of 150 feet, which includes a 2 foot lighting rod. (P) 8. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) 9. Except for access and any necessary utilities, a tree preservation area shall be provided outside the compound on the entire leased portion of the property identified on the Plans. Within this area, trees a minimum of four inches in caliper shall be retained. Such area shall comply with the requirements of the Ordinance for tree preservation. (P) 10. Use of the property shall be limited to a 150 foot tall communications tower designed as a monopine. (P) NAY: Wallin, Sloan, Freye, and Jackson. Jones. I. 17SN0500: In Midlothian Magisterial District, Marjorie S. Elliott and Michael B. Elliott request conditional use to permit recreational equipment parking and storage and amendment of zoning district map in a Residential (R-9) District on 0.3 acre known as 1730 Olde Coalmine Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID Mr. Ryan Ramsey presented an overview and staff s recommendation for denial as the request for the parking location has substantial visual impact on adjoining neighbors, the streetscape and an alternative parking location is available CPC MinutesFINAL 27 P a g e

28 Mr. and Mrs. Michael Elliott, the applicants, do not agree with staff s recommendation and they built a second driveway to accommodate their travel trailer. In 2004 they applied to build a driveway and were approved by the county. They did not know there was a zoning violation as a corner lot is different from a non-corner lot. They have neighbor support and also had a community meeting and they have been working with Mr. Ramsey to get the situation corrected. Ms. Debbie Trinite, Ms. Mary Vlahos, Ms. Heather Sniffin and Mr. Erik Josephson all support the case. No one else came forward to speak in favor of, or in opposition to, the request. There being no one else to speak, Dr. Wallin closed the Public Hearing. On motion of Mr. Jones, seconded by Ms. Freye, the Commission resolved to recommend approval of Case 17SN0500 subject to the conditions: CONDITIONS 1. Non-Transferable Ownership. This Conditional Use approval shall be granted exclusively to Marjorie S. Elliott and Michael B. Elliott, and shall not be transferable nor run with the land. (P) 2. Use. This Conditional Use approval shall be for the parking of one (1) recreational vehicle having no more than two (2) axels and no greater than twenty-four (24) feet in length. (P) 3. Location of Recreational Vehicle. The recreational vehicle shall be parked within the front yard, as shown on Exhibit A. a. The parked recreational vehicle shall be setback a minimum of ten (10) feet from the rear property line. b. The parked recreational vehicle shall be setback a minimum of fifteen (15) feet from the corner side property line. (P) 4. Landscaping. Evergreen plantings shall be installed within the area identified as Landscaping Area on Exhibit A to minimize the visibility of the recreational vehicle from the street and adjacent properties. The Landscaping Area shall include a minimum of two (2) privets being a minimum of a 3-gallon plant at the time of planting and a minimum of two (2) eastern cedars with a minimum initial height of three (3) feet. A plan depicting the landscaping shall be submitted to the Planning Department within thirty (30) days of the approval of this request and vegetation shall be installed within thirty (30) days of the approval of such plan. Other types of evergreen plants may be substituted for those identified in this condition as approved by the Planning Department at the time of plan review. (P) CPC MinutesFINAL 28 P a g e

29 K. 17SN0510: In Clover Hill Magisterial District, John A. Flinn and Peggy Flinn Norris request a conditional use to permit a business (septic tank service business) incidental to a dwelling and amendment of zoning district map in a Residential (R-7) District on 0.8 acre known as 200 South Providence Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51 to 4.0 dwelling units per acre). Tax ID Mr. Ryan Ramsey presented an overview and staff s recommendation for denial as the operation has intensified since original application approval in 1986, the request represents encroachments of commercial use into an established residential area and there are likely no conditions that would effectively mitigate impacts of use on area residential uses. The Comprehensive Plan suggests residential uses as appropriate for this area. Should the Commission wish to approve the request, the applicant does agree to the conditions in the staff report. Mr. John Norris, the applicant, does not agree with staff s recommendation and requests a conditional use permit and agrees to all of the proffered conditions. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Ms. Freye, seconded by Mr. Jones, the Commission resolved to recommend approval of Case 17SN0510 subject to the conditions as amended in the addendum: CONDITIONS 1. Use: This Conditional Use approval shall be for the operation of a business (septic tank service business), incidental to a dwelling. (P) 2. Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively to Peggy Flinn Norris and John Flinn, and shall not be transferable with the land. (P) 3. Time Limitation: This Conditional Use shall be granted for a period of five (5) years. (P) 4. Location of Use: The use shall be confined to the existing dwelling, accessory buildings and the parking of vehicles in the graveled parking area that is noted on Exhibit A, dated August 12, All work and operations associated with this business shall be accomplished on the inside of the existing dwelling or structures. There shall be no exterior additions or alterations to the existing structures to accommodate this use. (P) 5. Outside Storage: Outside storage of materials shall be prohibited. (P) 6. Employees and Clients: No more than three (3) employees shall be permitted to work on the premises, other than family member employees that live on the premises. No clients shall be permitted on the property. (P) CPC MinutesFINAL 29 P a g e

30 7. Equipment/Vehicles: As a part of this business, the following equipment may be stored on the property: a. Two (2) tanker trucks b. Two (2) vans c. Two (2) trailers d. One (1) mini excavator e. One (1) skid steer. All driveway and parking areas where these vehicles travel or are parked shall be graveled. Vehicles and equipment associated with the business shall be parked in the area behind the fence and gate, screened from view of South Providence Road and the adjoining properties to the south and west. (P) 8. Effluent Storage in Vehicles: No vehicles associated with this use may return to or be parked at this location unless all effluent associated with this use has been properly disposed of. (P) 9. Signage: There shall be no signs identifying this use. (P) 10. Group Assembly: Group assembly connected with this operation shall be prohibited. (P) 11. Hours of Operation: The operation of the business (septic tank service business), to include the movement of equipment, shall be limited to Monday through Friday from 7:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m. There shall be no operation of the use on Sunday. (P) 12. Deliveries: No deliveries shall be permitted before 8:00 a.m. and after 6:00 p.m. (P) 13. Fence & Driveway Gate & Landscaping: The following improvements shall be installed or maintained on the property. a. Within ninety (90) days of approval of this request, a six (6) foot tall opaque vinyl privacy fence and an opaque vinyl driveway gate shall be constructed as shown on Exhibit A. The existing portion of the chain-link and slat fence and gate between the dwelling and southern property line shall be removed. In addition, the existing six (6) foot tall fence chain-link and slat fence along the side and rear property lines (as shown on Exhibit A) shall be maintained. These fences and gate shall provide complete screening of the parking area from South Providence Road and the adjoining properties to the north, south and west. b. The driveway gate shall remain closed at all times, except to permit ingress or egress for vehicles or equipment to South Providence Road. c. Within ninety (90) days of approval of this request, a landscape plan shall be submitted to the Planning Department for the approval of foundation and fence plantings. The foundation and fence plantings shall be required along the frontage of the dwelling and the fence visible to South Providence Road. Beds shall be a CPC MinutesFINAL 30 P a g e

31 minimum 4 foot wide measured from the dwelling foundation or base of the fence with plantings spaced a maximum of 5 feet apart. Beds shall include a mix of small evergreen shrubs having an initial minimum height of 3 feet, vertical accent shrubs having an initial minimum height of 4 feet or small evergreen trees having an initial minimum height of 4 feet. Approved plantings shall be installed prior to May 1, (P) 14. Solid Waste Storage Area: The solid waste storage area shall be relocated to the area depicted on Exhibit A within thirty (30) days of approval. The solid waste storage area shall be screened by the existing fence and be serviced according to Ordinance requirements. (P) X. CODE AMENDMENT. O. CODE AMENDMENT RELATIVE TO LIMITED EVENTS ON AGRICULTURAL PROPERTY (17PJ0109). Ordinance to amend Code of County of Chesterfield, 1997, as amended, by amending and reenacting Secs , and relating to limited events in A Districts. This ordinance would allow gatherings, at which a fee is charged, to view, listen or participate in entertainment or social activities under certain circumstances provided it is on 50 acres or more in an A district. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections , and of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Chapter 19.1 ZONING OOO CPC MinutesFINAL 31 P a g e

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33 Mr. Ray Cash presented a brief overview explaining this Ordinance would allow limited events as a restricted use in A Districts and staff recommends forwarding a recommendation to the Board. No one came forward to speak, in favor of or in opposition to the request. There being no one to speak, Dr. Wallin closed the Public Hearing. On motion of Dr. Wallin, seconded by Ms. Freye, the Commission resolved to recommend approval for Code Amendment Relative to Limited Events on Agricultural Property (17PJ0109). XI. OTHER BUSINESS. There was no other business discussed. XII. CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS INVOLVING THE SERVICES, POLICIES AND AFFAIRS OF THE COUNTY GOVERNMENT REGARDING PLANNING OR LAND USE ISSUES. There were no citizen comments on unscheduled matters CPC MinutesFINAL 33 P a g e