17SN0555
CASE NUMBER: 16SN0555
APPLICANT: Luz Ramirez
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MATOACA
14506 Tealby Drive
AND
RECOMMENDATION
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
RECOMMEND APPROVAL
PLANNING
COMMISSION
As proffered, buffer plantings will provide continuity of existing buffer
(11/17/2015)
and separation of improvements from roadway.
RECOMMEND DENIAL
Increase in adverse noise, glare and privacy impacts
STAFF
Reduced continuity of an existing buffer area
Insufficient visual separation between development and
roadway
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Issue
Department
Increases adverse noise, glare and privacy impacts from
Springford Parkway on area property owners
Negatively impacts the continuity of the existing buffer along
PLANNING
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
Springford Parkway
Single-family residential
Collington
Subdivision
Tealby Drive
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Rezoning from A to R-12 of 436 acres with Conditional
Approved
00SN0174 Use Planned Development to permit single-family,
(02/21/2001)
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 herlot, 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 issuedon 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 poolpermit.Staff noted in the issuance of the pool permit that
abuffer crossedthe 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
Delete buffer from request property
Buffer
Proffered Condition 1
Maintain a 6’ tall privacy fence on side property line
Fence
Exhibit A & Proffered Condition2
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
Off-Site Buffer Plantings
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
Rear yard setback for an accessory building, less than 12’
in height:
Setback for Existing Shed
Required -10’
Requested - 4.6’
Exhibit B & Proffered Condition4
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov
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) banksj@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. 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) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
-
Traffic Impact Analysis (24VAC30-155)
-
Access Management (24VAC30-73)
-
Subdivision Street Acceptance (24VAC30-91/92)
-
Land Use Permit (24VAC30-151)
VDOT has no comment on this request.
Summary
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Theproposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
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) pritchardd@chesterfield.gov
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.Acertificate 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 thiscertificate 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
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