03SN0264-July23.pdfJulY23, 2003 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
03SN0264
Chesterfield County Board of Supervisors
Clover Hill Magisterial District
Off north line of Duckridge Boulevard
REQUEST:
Conditional Use Planned Development to permit exce' )tions to Ordinance
requirements.
PROPOSED LAND USE:
The Zoning Ordinance permits screened or open porches and decks to
encroach into the required setback areas. Once enClosed,.these additions
must meet principal 'building setbacks: Severaldwell'_mgs within the
ninety-three (93) lot .development of Lakep°inte SUbdivision contained
screened porches-whiCh were later cOnverted into.enclOsed additions, such
as Florida rooms', in~ violation of these, required, setbacks: This request
would reduce 'the setback requirement for all lots 'within this development,
thereby legalizing the setback for 'these 'enclosed-porches which are
currently in violation and eliminat'mg similar setback-problems caused by
the enclosure of screened porches for other lots within the subdivision.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the .following reason:
Providing a FIRST CHOICE COmmunity Through Excellence in pUblic ServiCe.
The recommended condition provides for adequate separation of dwelling units,
thereby:protecting against :overcrowding of the development, consistent with the
intent Of the Ordinance setback requirements.
(NOTE: CONDITIONS MAY BE ,IMPOSED OR THE PROPERTY OWNERS MAY
PROFFER CONDITIONS. THE CONDITIONS' NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. ::CONDITIONS WITH
ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS
WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY
THE PLANNING COMMISSION.)
CONDITION
(STAFF/CPC)
Rear Yards, Each lot shall have a rear yard of not less than twenty-
five-(25) feet-except that when the rear'iot"iine of a lot abuts.
recorded open space containing a minimum.width adjacent to the
lot of~ten (10~ feet, then the rear yard of such lot may be reduced to
fifteen (15) feet. (P)
GENERAL INFORMATION
Location:
Located off the north line of Duckridge BoUlevard:and is known as Lakepointe
Subdivision. Tax IDs 722-672-2248, 2450, 2553, 2757, 2960, 3162, 3345, 3543,
3742, 3767, 4068, 4139,'4255, 4369, 4437,4556; 4736,4770, 4857, 5134, 5171;
5348, 5358, 5372, 5432, 5630, 5646, 5659, .5873, .594'4, 5960~:6174, 6375, 6763,
· 6898, 6995; 7065, 7090, 7149, 7184,'7187, 735'1, 7367, 7652, 7769, 7971, 8055,~
8272, 8299, 8357, 8491, 8588)8658, 8786, 8961, 9082, 9179,9263, 9376, 9396,
9464, 9594, 9691, 9888-and 9967; 722-673-'6800; 6908, 7H0i 7313~ 8016, 8417,
'8500, 8702, 8717, 931'5, 9513 .and 9812; 723-672-0085, 01-68, 0282i 0470, 0872;
0899, 1074, 1096, 1294, 1376, 1490, 1.687 and 1885; and 723-673'-0308, 0405-
and 0603 .(Sheet 15).
Existing Zoning:
R-TH
Size:
6.8 acres
Existing Land Use:
Residential townhomes
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Adiacent Zoning and Land Use:
North, East, South and West - R~TH; Open space (recorded as part of Lakepointe
Subdivision)
UTILITIES; ENVIRONMENTAL; AND PUBLIC FACILITIES
The requested amendment will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the
property is appropriate for almix of residential and office uses.
Area Development Trends:
Property to the east is zoned Residential (R-9) and is developed as the Southshore
Subdivision. Properties to. the south are zoned Community Commercial (C-3) and
are occupied by commercial and multi-family developments, The Swift Creek
Reservoir borders the subject property to'the north. This portion of the Hull Street
ROad Corridor is characterized by commercial, office and. multi-family uses
located along Hull Street Road, transitioning to residential uses north and' south of
the cOrridor.
Zoning History:
On October 28, 1987, the Board of Supervisors, upon a favorable
recommendation by the Planning Commission, approved a rezoning from
Agricultural (A) and 'General Business (C-3) to Residential'ToWnhouse (R-TH)
(Case 87SN0110). SubSequently, .a ninety-three (93) lot tOWnhouse development
known as Lakepointe Subdivision was recorded.
On March 7, 2001 'and April 4, 2001, the Board of ZoningAppeals denied a total
-of three (3) Variance applications to permit rear yard setback, eXceptions for the
conversion of existing screened porches into enelOsed~rooms on three (3) lots
within the Lakepointe DeVelopment (Cases 0IAN0182, 01AN0183.~ and
01AN0196). The Board of,Zoning ApPeals notedthat these cases presented no'
hardship or unique circumstances to support granting these setback exceptions.
Subsequent to consideration of these Variance cases, a complaint was registered
with the Planning Department relative to the enclosure of several screened
porches in the Lakepointe 'SUbdivision that violated Ordinance setbacks. The
County investigated and identified ten (10) structures in Violation.of these setback
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requirements. Nine'(9) of these ten (10)_property owners indicated an interest in
pursuing an exception to maintain these enclosed additions. The tenth property
owner elected to restOre: the structure as a screened po3Ch. - In lieu of filing a
separate zoning application .for each affected lot or pursuing one. (t) :application
with the consent of all ninety-three (93)property owners within the development,
these nine (9) affected property owners requested that-theB0ard of Supervisors
initiate this request, subject to these same proPerty owners paying the application
fee. As a result of the Board initiating this application, the requested setback
exception would'be uniformly applied to all lots within .the. development for both
existing and proposed' structures.
Building Setbacks:
Currently, within the Residential Townhouse (R'TH) District, .a twenty-five (25)
foot rear yard setback is required for principal buildings: Structures such as
porches or carports that 'are open on three (3) sides may extend into this required
yard not more than ten (10)~feet. Consistent with a purpose of the .Ordinance,. the
open structure continues to permit the passage of light and air and protects against
the overcrowding of improvements within the develOpment.
The development of LakePointe Subdivision occupies .approximately 19.4 acres,
12.6 acres of which is recorded as open space' and recreation areas. Within a
develOpment of this size, current Ordinance standards woUld require only :528
acres of combined open space and recreation areas.
The Ordinance currently requires the provision of common area, a minimum of
five (5) feet in width, adjacent to all groups of lots except where groups front :or
abut a public street. The rear yards for the majority of the lots within, the
Lakepointe Development are adjacent to open space areas, well in excess of ten
(10) feet in width, with'the majority of lots backing, up tothe .project's open Space
edges in lieu of other lots. Therefore, the provision of open space, a minimum Of
ten (1,0) feet in width; adjacent to units with-reduced bUilding setbacks, would
maintain adequate separation between bUildings. (Condition) - -
CONCLUSIONS
The proposed zoning is for the purpose of legalizing the eXisting: :improvements that do
not currently comply with requirements of the Ordinance. The-recommended condition
provides for adequate separation of dwelling units, thereby, protecting against
overcrowding of the development.
Given these considerations, approval of this request is recommended.
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CASE HISTORY
Planning Commission Meeting (6/17/03):
The applicant accepted the recommendation. There was no opposition presem.
On motion of Mr. Gulley, seconded by Mr. Litton, the CommiSsion recommended
approval of this request subject to the Condition-on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, July 23; 2003~ beginning at 7:00 p.m., will
take under consideration this request.
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