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Providing a FIRST CHOICE community through excellence in public service
CASE NUMBER: 16SN0555 APPLICANT: Luz Ramirez
STAFF’S ANALYSIS
AND RECOMMENDATION
CHESTERFIELD COUNTY, VIRGINIA Magisterial District: MATOACA
14506 Tealby Drive
Board of Supervisors (BOS) Public Hearing Date:
DECEMBER 16, 2015 BOS Time Remaining:
365 DAYS Applicant’s Contact:
LUZ RAMIREZ (804-608-8331)
Planning Department Case Manager: RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
Conditional use planned development relative to a required buffer and setbacks in a Residential (R-12) District. A pool, concrete patio and shed have been constructed within a required buffer on the request property. The applicant desires to delete the buffer from the lot and retain these improvements in their current location. To minimize views of these improvements, the applicant has proffered to maintain a fence on the request property and provide supplemental landscaping on adjoining community open space. Notes:
A. Conditions may be imposed or the property owner may proffer conditions. B. Proffered conditions and Exhibits A & B are located in Attachments 1 - 3.
RECOMMENDATION
PLANNING COMMISSION (11/17/2015)
RECOMMEND APPROVAL As proffered, buffer plantings will provide continuity of existing buffer and separation of improvements from roadway.
STAFF
RECOMMEND DENIAL
• Increase in adverse noise, glare and privacy impacts • Reduced continuity of an existing buffer area • Insufficient visual separation between development and
roadway
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SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING
• Increases adverse noise, glare and privacy impacts from Springford Parkway on area property owners
• Negatively impacts the continuity of the existing buffer along Springford Parkway
• Reduces visual separation between the applicant’s improvements (pool, shed and fence), residential uses and Springford Parkway
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL ENGINEERING -
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Map 2: Comprehensive Plan Classification: SUBURBAN RESIDENTIAL II The designation suggests the property is appropriate for 2.0 to 4.0 dwellings per acre.
Map 3: Surrounding Land Uses & Development
Tealby Drive
Single-family residential
Springford Parkway
Collington Subdivision
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PLANNING Staff Contact: Ryan Ramsey (804-768-7592) [email protected]
ZONING HISTORY Case Number BOS Action Request
00SN0174 Approved (02/21/2001)
Rezoning from A to R-12 of 436 acres with Conditional Use Planned Development to permit single-family, condominiums, cluster homes and recreational uses
PROPOSAL A pool, concrete patio and shed have been constructed within a portion of the required fifty (50) foot buffer on the request property. To permit this encroachment, the applicant requests to delete a portion of the buffer area located on her lot, adjacent to Springford Parkway. The remaining portion of the fifty (50) foot buffer located on community open space would remain. In addition, an exception to the rear yard setback is requested for an existing accessory building (shed). PERMIT HISTORY In January 2015, a building permit was issued on the applicant’s property to permit the construction of a pool only. A concrete patio, which does not require a building permit, was not shown on the plat attached for the pool permit. Staff noted in the issuance of the pool permit that a buffer crossed the side and rear of the property. Therefore, a follow-up inspection was required by the Planning Department prior to issuance of the Certificate of Occupancy to ensure that the buffer remained undisturbed. The follow-up inspection for the pool and buffer occurred on July 8, 2015. The Planning Department inspector found that the buffer had been cleared in its entirety. A pool, concrete patio and shed were found to be within the limits of the buffer area. Staff noted that natural vegetation as part of this required buffer on the adjoining community open space had also been substantially cleared. DELETION OF BUFFER & SETBACK EXCEPTION Springford Parkway is classified as a major arterial, which requires a fifty (50) foot buffer on adjacent property zoned for residential uses. Approximately twenty-five (25) to thirty-five (35) feet of this buffer width crosses the request property. To permit the encroachment of the pool, concrete patio and shed, deletion of the buffer through 1) conditional use planned development approval and 2) an amended subdivision plat (to remove the buffer notation from the request property) is required. The applicant also requests a setback exception to retain an existing shed that encroaches into the required rear yard setback and buffer. The applicant states that this shed was built by a previous property owner and has been on the property since 2007.
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To permit the deletion of the buffer and setback exception, maintenance of an existing fence on the applicant’s lot, as well as supplemental landscaping on adjoining community open space is proposed. The following provides an overview of the conditions offered by the applicant to retain the existing improvements as well as mitigate the impact of the buffer deletion and setback exception on area properties:
General Overview Requirements Details
Buffer Delete buffer from request property Proffered Condition 1
Fence Maintain a 6’ tall privacy fence on side property line Exhibit A & Proffered Condition 2
Off-Site Buffer Plantings
• Provide landscaping in off-site buffer area that is located in community open space
• Landscape within off-site buffer area at 1.5 times Perimeter Landscaping B
• Submit a final landscape plan, landscaper contractor’s estimate and surety for plantings
• Complete Certificate of Occupancy for pool permit and off-site buffer landscaping by April 15, 2016
Proffered Condition 3
Setback for Existing Shed
Rear yard setback for an accessory building, less than 12’ in height: • Required - 10’ • Requested - 4.6’
Exhibit B & Proffered Condition 4
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PUBLIC FACILITIES
FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167) [email protected]
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Winterpock Fire Station, Company Number 19 EMS Facility The Winterpock Fire Station, Company Number 19
This request will have minimal impact on fire and EMS. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) [email protected]
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-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.
VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) [email protected]
VDOT Land Use Regulations
Traffic Impact Analysis (24VAC30-155) - Access Management (24VAC30-73) -
Subdivision Street Acceptance (24VAC30-91/92) - Land Use Permit (24VAC30-151) -
Summary VDOT has no comment on this request.
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WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) [email protected]
The proposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems Currently
Serviced? Size of Existing Line Connection Required by County Code?
Water Yes 6” Yes Wastewater Yes 8” Yes
Additional Information: The proposed request will not impact the public water and wastewater systems.
ENVIRONMENTAL Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (804-748-1028) [email protected] Environmental Engineering has no comment on this request.
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CASE HISTORY
Applicant Submittals 8/14/15 Application submitted 11/5/15 Revised proffers were submitted
Community Meeting 11/12/15 Issues Discussed:
The District Commissioner, applicant and staff attended the meeting. The following topics were discussed: • Location of plantings within the remaining buffer, located on the
community’s open space • Timing and bonding for plantings • Desire to have plantings look natural within remaining buffer area
Planning Commission Meeting 11/17/15 Citizen Comments
No citizens spoke to this case. Commission Discussion
• Applicant has worked with staff and the Collington Homeowners Association (HOA) on a natural buffer landscape plan, located on community open space
• New plantings will provide adequate separation and screening from Springford Parkway
• Final landscape plan and planting estimate from applicant have already been submitted to Planning for approval
• Collington HOA has approved final landscape plan
Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Wallin Second: Patton AYES: Gulley, Waller, Brown, Patton and Wallin
The Board of Supervisors on Wednesday, December 16, 2015, beginning at 6:30 p.m., will consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note: “CPC” – Recommended by the Planning Commission only
(CPC) 1. Buffer. The portion of the variable width buffer located on the request
property (Lot 18), as recorded on the subdivision plat titled “Collington Section 3”, shall be deleted. (P)
(Staff Note: The remaining portion of this variable width buffer shall remain on the adjoining community open space area, identified as Tax ID 726-658-8126).
(CPC) 2. Fence. A six (6) foot tall privacy fence, as located on Exhibit A, shall be
maintained on the property to reduce the visibility of the pool, pool deck and accessory building (shed) from Springford Parkway. (P)
(CPC) 3. Certificate of Occupancy and Off-Site Buffer Plantings.
a. A certificate of occupancy for the existing pool shall be obtained by the applicant no later than April 15, 2016. (P)
b. Prior to the issuance of this certificate of occupancy, landscaping
of the adjoining open space area along Springford Parkway (Tax ID 726-658-8126) as generally shown on Exhibit A shall be completed. Modifications to the location of landscaping may be approved by the Planning Department through the review and approval of a final landscape plan as outlined in subsection 3.c.1.
c. Prior to the installation of any landscaping identified in Proffered
Condition 3.b, the following items shall be submitted to the Planning Department:
1. A final landscape plan, noting the species, size and location
of plantings. 2. A landscape contractor’s estimate, satisfactory to the
Director of Planning. 3. To insure replacement of unhealthy, dying, dead or
pollarded landscaping within the first year of installation, a form of surety satisfactory to the Director of Planning in an amount equal to fifty (50) percent of the cost of initial installation of the required landscaping shall be submitted. (P)
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(CPC) 4. Accessory Building Setback. The accessory building, labeled “Shed” on Exhibit B, shall be permitted to be located no closer than four and six tenths (4.6) feet to the rear property line. This exception shall not apply to any future structures on the request property. (P)
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ATTACHMENT 2
EXHIBIT B – ENCROACHMENTS INTO BUFFER
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ATTACHMENT 3
EXHIBIT A – CONCEPTUAL LANDSCAPE PLAN
