19SN0537
CASE NUMBER: 19SN0537
APPLICANTS: Ronnie Cline
CHESTERFIELD COUNTY, VIRGINIA
CLOVER HILL DISTRICT
AND RECOMMENDATION
Board of Supervisors (BOS) Hearing:
SEPTEMBER 26, 2018
BOS Time Remaining:
365 DAYS
RONNIE CLINE (804-869-2608)
Planning Department Case Manager:
DREW NOXON (804-796-7122)
0.3 Acre 2248 Millcrest Terrace
REQUEST
Conditional use planned development to permit exceptions to ordinance requirements relative to a
buffer and setbacks for an existing patio and fire pit in a Residential (R-7) District.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions and an Exhibit are located in Attachments 1 & 2.
SUMMARY
The applicant has constructed a patio and fire pit within the required buffer along a collector road
(Watermill Parkway). These improvements also encroach into the required rear-yard setback. A
conditional use planned development is requested to maintain these structures in their current
locations.
RECOMMENDATION
APPROVAL
Conditions mitigate impacts on views from surrounding properties and
PLANNING
Watermill Parkway
COMMISSION
Proposal supported by neighbors and Brandermill Association
DENIAL
Fails to provide intermittent visual separation between residential uses
and roads
STAFF
Reduces continuity of existing buffer area
Approval could encourage other similar requests
Providing a FIRST CHOICE community through excellence in public service
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SUMMARY OF IDENTIFIED ISSUES
Department Issue
Fails to provide intermittent visual separation between residential
dwellings and roads
PLANNING
Will reduce horizontal distance, open space, vegetation and privacy
between uses and Watermill Parkway
Approval could encourage other similar requests
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Comprehensive Plan
Classification: SUBURBAN RESIDENTIAL I
The designation suggests the property is appropriate for residential use with a maximum of 2.0
dwellings per acre.
Surrounding Land Uses and Development
Watermill Pkwy.
Windmill
Ridge Dr.
Single-family uses
-Millcrest at Brandermill
subdivision
Single-family uses
-Watermill subdivision
Millcrest Ter.
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PLANNING
Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov
Zoning History
Case Number Request
74SN0021 Rezoning to Residential (R-7), Neighborhood Business (C-2) and Light industrial
Approved (I-1) with Conditional Use Planned Development to permit a mixed-use project
(5/1974) commonly known as Brandermill.
Subdivision consisting of 50 single-family lots.
03TS0244
Requirement for 35-foot buffer along Watermill Parkway (Collector Road).
Approved
Buffer recorded with subdivision plat noted to remain in a natural
(6/2003)
undisturbed state
Proposal
Maintenance of an existing patio and firepit (approximately 560 square feet) within a buffer is
proposed. The subject property is located within the Millcrest at Brandermill subdivision,
recorded in 2004 (see partial subdivision plat at bottom of page). At the time of approval, the
Subdivision Ordinance required a 35-foot buffer, exclusive of parallel easements, along the rear
property boundary abutting Watermill Parkway (later codified in Zoning Ordinance). The area
within this buffer was to remain in a natural undisturbed state. The buffer was recorded within
the boundaries of privately owned lots and not within common open area. In addition, the
Ordinance requires a five (5) foot setback for accessory structures from the buffer limits.
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Buffer, Setback and Landscaping Exceptions
On April 30, 2018, a complaint was received by Code Enforcement regarding a patio and fire pit
constructed within a buffer. The applicant indicates that the structures have existed in the
current location since 2011. The patio and fire pit are approximately two feet at highest
elevation from grade and are considered structures which must meet setbacks. The structures
are located 11 feet from the rear property line and entirely located within the 35-foot buffer
(see figure below).
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Aerial images dating from 2007 and 2011 show that multiple trees had been removed within
the 35-foot buffer along with encroachment of a lawn area. Current Ordinance standards for a
35-foot buffer along a collector road require planting standards as follows.
2.1 small deciduous trees per 50 linear feet
2.1 large deciduous trees per 50 linear feet
2.1 evergreen trees per 30 linear feet
2.1 medium shrubs per 15 linear feet
Low shrubs and ground cover in tree and shrub beds
Upon visiting the property, staff made the following observations regarding existing
landscaping within the buffer area, as stated below and as depicted in Attachment 2:
General Overview
Requirements Proposal
No small deciduous trees
2.1 small deciduous trees
per 50 linear feet (4 total)
Seven (7) large deciduous trees (Oak and Hickory)
2.1 large deciduous trees
per 50 linear feet (4 total)
Eight (8) evergreen trees (Cedar)
2.1 evergreen trees per 30
Spaced along left and right property boundaries only
linear feet (6 Total)
Meets number of required plantings but not spacing
Four (4) medium shrubs (Rose, Azalea and Ligustrum)
2.1 medium shrubs per 15
Spaced along left and right side of patio only
linear feet (11 Total)
No shrubs or groundcover in lawn areas
Low shrubs and ground
cover in tree and shrub
beds
Subdivision notes 35-foot More than 50 percent of the area within the buffer is occupied
buffer to remain in a by lawn and patio areas
natural and undisturbed
state
A six-foot privacy fence maintained by the Brandermill Association extends along the
. The applicant has planted medium trees,
including magnolias and cedars, as well as medium evergreen shrubs, including ligustrums
along the fence line adjacent to the rear and side lot lines. The majority of these plantings are
located within recorded easements outside of the platted 35-foot buffer. The fence, in
combination with the existing vegetation, assists in screening the patio and firepit from
Watermill Parkway. While removal of vegetation and the presence of other structures within
the buffer along Watermill Parkway are noticeable in the vicinity, staff has not identified any
zoning approvals permitting these encroachments. Staff is not supportive of the proposal as it
fails to provide adequate buffering between the residential lot and a collector road, and may
encourage similar requests for reduction/deletion of buffers along roads.
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Should the Commission and Board wish to approve the request, the conditions listed in
Attachment 1 and summarized in the chart below are recommended by Staff.
General Overview
Requirements Details
Patio and fire pit maintained and located as depicted in
Use and location
Exhibits A & B
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6-foot privacy fence located along rear property boundary
Fence
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Existing vegetation maintained within 35-foot buffer as
depicted in Exhibit B
Lawn areas within 35-foot buffer replanted to include
Landscaping
small deciduous, evergreen, medium shrubs and low
shrubs and groundcover
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COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Steve Adams (804) 748-1037 adamsSt@chesterfield.gov
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
The proposal will not impact these facilities.
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CASE HISTORY
Applicant Submittals
7/11/18 Application submitted
Planning Commission
8/21/18 Citizen Comments:
One citizen spoke in support of this request
Commission Discussion:
Mrs. Freye noted, as conditioned, the case provided for an opportunity to
replant the buffer while maintaining the additions to the property; and that the
request was supported by the Brandermill Civic Association.
Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN ATTACHMENT
1
Motion: Freye Second: Jones
AYES: Jackson, Freye, Jones and Stariha ABSENT: Sloan
The Board of Supervisors on Wednesday, September 26, 2018, beginning at 6:00 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note: The following conditions are recommended by the Planning Commission.
1.Use and Location. The improvements consisting of a patio and fire pit as depicted
on Exhibit A shall be permitted to be maintained within the 35-foot buffer and the
5-foot buffer setback. No additional structures or improvements shall be permitted
within the buffer or setbacks. (P)
2.Fence. A six (6) foot tall privacy fence shall be maintained in a location generally
adjacent to the rear property boundary to reduce the visibility of the patio and fire pit
from Watermill Parkway. (P)
3.Landscaping. All existing trees and shrubs within the 35-foot buffer shall be maintained
as depicted in Exhibit A. The lawn areas located within the 35-foot buffer shall be
replanted to include at minimum four (4) small deciduous trees, two (2) evergreen
trees, seven (7) medium shrubs, and low shrubs and groundcover within the tree and
shrub beds. A plan depicting this required replanting shall be submitted to the Planning
Department for review and approval within 30 days of the approval of this request. The
approved landscaping shall be installed within 90 days of the approval of this request.
(P)
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ATTACHMENT 2
EXHIBIT, EXISTING LANDSCAPING
Patio
Lawn
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