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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 216SN0555-2015DEC16-BOS-RPT 316SN0555-2015DEC16-BOS-RPT 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 416SN0555-2015DEC16-BOS-RPT 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. 516SN0555-2015DEC16-BOS-RPT 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 616SN0555-2015DEC16-BOS-RPT 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 716SN0555-2015DEC16-BOS-RPT 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. 816SN0555-2015DEC16-BOS-RPT 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. 916SN0555-2015DEC16-BOS-RPT 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) 1016SN0555-2015DEC16-BOS-RPT (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) 1116SN0555-2015DEC16-BOS-RPT ATTACHMENT 2 EXHIBIT B – ENCROACHMENTS INTO BUFFER 1216SN0555-2015DEC16-BOS-RPT ATTACHMENT 3 EXHIBIT A – CONCEPTUAL LANDSCAPE PLAN 1316SN0555-2015DEC16-BOS-RPT