18SN0518
CASE NUMBER: 18SN0518
APPLICANTS: Steve Shaffer
CHESTERFIELD COUNTY, VIRGINIA
MIDLOTHIAN DISTRICT
AND RECOMMENDATION
Board of Supervisors Hearing:
NOVEMBER 15, 2017
Board of Supervisors Time Remaining:
365 DAYS
JACK R. WILSON, III. PLC (804-425-9474)
0.7 Acre 3649 Stone Harbor Drive
STEVE SHAFFER (804-334-7920)
Planning Department Case Manager:
DREW NOXON (804-796-7122)
REQUEST
Amendment of zoning approval (Case 05SN0249) relative to a setback and a tree preservation strip in a
Residential (R-15) District.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.A Proffered Condition and Exhibits are located in Attachments 1 - 3.
SUMMARY
Reduction of a tree preservation strip is proposed. Specifically, Proffered Condition 14 of Case 05SN0249
requires a 50-foot tree preservation strip, exclusive of a 10-foot building setback, along the eastern
boundary of the Stone Harbor subdivision adjacent to lots within the Lenox Forest at Riverdowns
subdivision. An outdoor fireplace, fixed table and sitting walls have been constructed in the rear yard of
the subject property. These structures encroach into this preservation strip and/or setback, necessitating
zoning approval.
RECOMMENDATION
APPROVAL
PLANNING
COMMISSION
AFTER PUBLIC INPUT, SHOULD THE COMMISSION AND BOARD WISH TO
APPROVE THIS REQUEST, ACCEPTANCE OF THE PROFFERED CONDITION IN
ATTACHMENT 1 WOULD BE APPROPRIATE.
Conditions relative to tree preservation strip and setbacks were
STAFF
negotiated with area property owners
As conditioned, impacts on adjacent residential development will be
minimized.
Providing a FIRST CHOICE community through excellence in public service
218SN0518-2017NOV15-BOS-RPT
Comprehensive Plan
Classification: LOW-DENSITY RESIDENTIAL
The designation suggests the property is appropriate for a maximum of one (1) dwelling unit per acre.
Surrounding Land Uses and Development
Agricultural use
Single-family
residential use
-Lenox Forest
at Riverdowns
Single-family
residential use
-Stone Harbor
318SN0518-2017NOV15-BOS-RPT
PLANNING
Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov
History
Case Number Request
Rezoning from A to R-15 with a Conditional Use to permit recreational facilities.
Conditions of zoning included a 50-foot tree preservation strip along the
05SN0249
southeastern project boundary with a 10-foot setback required from that tree
Approved
preservation strip. The tree preservation strip and 10-foot setback were
(10/19/2005)
negotiated between the developer and residents of the Lenox Forest at
Riverdowns subdivision.
Proposal
In the winter of 2017, the applicants began construction of a patio and fireplace in the rear yard
of the property. Staff received a complaint in February, 2017, relative to the setback for these
improvements from the required tree preservation strip. It was determined the fireplace, sitting
wall and fixed table were structures subject to the tree preservation strip and associated building
setbacks required by Case 05SN0249. The fireplace and sitting walls encroached into the tree
preservation strip, and the fixed table was located within the 10-foot building setback (Reference
Exhibits A and B). Once notified by staff of this requirement, the applicant filed an amendment
to the zoning condition to reduce the width of the tree preservation strip to permit the location
of these structures.
Tree Preservation and Setbacks
Conditions of zoning approval require the provision of a fifty-foot tree preservation strip,
exclusive of a ten-foot building setback, along the eastern property line adjacent to Lenox Forest
subdivision. While staff had recommended the tree preservation strip to be located within
recorded open space to reduce the likelihood for its disturbance, this preservation strip was
incorporated into individual subdivision lots. As noted in Exhibit B, the fireplace and siting walls
encroach into the preservation strip approximately 6.5 feet. The applicant is requesting to allow
encroachments into the preservation strip and setback for accessory buildings in order to
maintain the existing fireplace, sitting walls and fixed table in their current locations. No
additional improvements would be permitted in the tree-preservation strip or setback.
The Ordinance does not require the maintenance of buffers between single-family residential
developments. This tree preservation strip condition resulted from negotiations with area
property owners during the zoning process. Should this request be approved, the tree
preservation strip would continue to be subject to the retention of healthy trees that are one
inch in caliper or greater.
418SN0518-2017NOV15-BOS-RPT
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Mission
The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the
environment through a comprehensive fire and life safety program that ensures an adequate and
timely response to emergencies.
Nearby Fire/EMS Facilities
The Bon Air Fire Station, Company Number 4
Additional Fire and EMS Comments
This request will have minimal impact on Fire and EMS.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
This request will not impact these facilities.
518SN0518-2017NOV15-BOS-RPT
CASE HISTORY
Applicant Submittals
07/06/17 Application submitted
09/12/17, Proffered conditions submitted
09/28/17 &
10/10/17
Community Meeting
08/30/17 No citizens attended
Planning Commission
09/19/17 Citizen Comments:
Two citizens spoke in opposition to this case stating that maintenance of the
existing structures would be acceptable, however they would not be
supportive of allowing any additional encroachments by new structures into
the 50-foot tree preservation strip or 10-foot setback.
Commission Discussion:
Ms. Freye and Mr. Jones noted support for the case provided only the
existing structures were to remain, and that no additional structures could
be built within the tree-preservation strip and setback. Ms. Freye
encouraged the applicant to work with the two citizens who spoke in
opposition.
The Commission moved to defer the case to allow the applicant time to work
with the two speakers on a condition that would limit the applicant to
maintenance of the existing structures only.
Action DEFERRED TO OCTOBER 17, 2017
MOTION
10/17/17 Citizen Comments:
One citizen spoke in support of allowing only the existing structures to
remain within the tree-preservation area as long as a 50-foot strip of trees
remains. Concerns with permitting an active fireplace within close proximity
to trees were also expressed.
The applicant clarified that the fireplace is equipped with a suppression
system and hood to alleviate fire concerns.
Commission Discussion:
Mr. Jones noted that the applicant had addressed concerns expressed by
the Commission and citizens at the October Commission hearing. He
acknowledged receiving a letter of support and noted that the current case
was fair to everyone.
618SN0518-2017NOV15-BOS-RPT
Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Jones Second: Freye
AYES: Sloan, Jackson, Freye, Jones and Wallin
The Board of Supervisors on Wednesday, November 15, 2017, beginning at 6:00 p.m., will
consider this request.
718SN0518-2017NOV15-BOS-RPT
ATTACHMENT 1
PROFFERED CONDITIONS
(October 10, 2017)
Note: Both the Planning Commission and Staff recommend acceptance of the following
proffered condition, as offered by the applicant.
The property owner and applicant in this case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and
their successors and assigns, proffer that the property under consideration (the "Property") will
be developed according to the following proffers if, and only if, the request submitted herewith
is granted with only those conditions agreed to by the owner and applicant. In the event this
request is denied or approved with conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further force or effect.
Notwithstanding the requirements of Proffered Condition 14 of Case 05SN0249, the
improvements on the property listed as GPIN 7267277128 related to the fireplace, patio and
other existing structures depicted on Exhibits A and B shall be permitted to encroach within the
All other requirements of Proffered
Condition 14 of Case 05SN0249 shall remain in effect. (P)
818SN0518-2017NOV15-BOS-RPT
ATTACHMENT 2
EXHIBIT A, FIREPLACE STRUCTURE AND DIMENSIONS
DIMENSIONS:
Maximum Height from Grade
918SN0518-2017NOV15-BOS-RPT
ATTACHMENT 3
EXHIBIT B, EXISTING SITE LAYOUT
1018SN0518-2017NOV15-BOS-RPT
ATTACHMENT 4
APPROVED CONDITIONS (05SN0249)
1118SN0518-2017NOV15-BOS-RPT
1218SN0518-2017NOV15-BOS-RPT
1318SN0518-2017NOV15-BOS-RPT
1418SN0518-2017NOV15-BOS-RPT
1518SN0518-2017NOV15-BOS-RPT