11RW0208
CASE MANAGER: Scott Flanigan
May25, 2011BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
11RW0208
Reeds Landing Lot 88 –William Stinson
MidlothianMagisterial District
West line of Aberdeen Landing Lane
REQUEST:An exception to the requirements of Section 19-232of the Zoning Ordinance as it
relates to the Chesapeake Bay Preservation Act(CBPA)to allow encroachment
into the Resource ProtectionArea (RPA).
RECOMMENDATION
Recommend approval with the two(2) conditionsbelow for the following reasons:
A.AWater Quality Impact Assessment (WQIA) hasbeen approved.
B.The six (6) findings, as required by Section 19-235 (b)(1) have been satisfied.
C.Theproposed development isconsistent with the Chesapeake Bay Preservation
Act.
CONDITIONS
1.The mitigation measures outlined in the documenttitled Reeds Landing Lot 88 -
Water Quality Impact Assessment,prepared by Balzer & Associates,Inc. and
received inPlanning Department April 7, 2011shall beincorporated and
implemented during the plan review process.(EE)
2.The Department of Environmental Engineering may approve alternative
mitigation measures if it is determinedthat such alternatives will not increase
impacts to the RPA or downstream water bodies.(EE)
(NOTE: Approval of this exception is for encroachment into the RPA buffer only and does not
guarantee development of the site as explicitly proposed in the WQIA referenced in Condition 1
above. Development of the site is subject to all ordinance requirements, review processes, and/or
otherrequirements currently adopted at the time ofdevelopment.)
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GENERAL INFORMATION
Location:
Reeds Landing,Lot 88, 11861 Aberdeen Landing Lane, which is within the Spring Creek
tributary part of the James River drainage basin.Tax ID739-723-Part of 0493.
Existing Zoning:
R-40
Size:
1.57acres
Existing Land Use:
The parcel is located within the Reeds Landing Subdivision having an existing single-
family home,turf grass and wooded areas.
Condition of Resource Protection Area:
The RPA on the subject site is located adjacent to wetlands associated with Spring Creek.
The character of the RPA buffer on the propertyconsists of areascontaining relativity
undisturbed forested buffer, wetlands,managed turf,single-family homeand portions of
the driveway.
Area of Proposed RPA Encroachment:
The area of the encroachment for this proposed development pertains to only those areas
having pre-existing turf conditions.The area of impervious impact will be approximately
2400square feet or 0.055acresof RPA.
REQUEST
The applicanthas requested an exception forpotential impacts to lands within designated
Chesapeake Bay Preservation Areas (CBPAs) and downstream water bodies(Exhibit A).The
applicant asserts that implementation of the limits of CBPAs, which includeResource Protection
Areas (RPAs)and in this caseconnected and contiguous wetlands and vegetative buffer
associated with the Spring Creek tributary,would preclude the use of the existing managed turf
yard area adjacent to the residential structure for construction and installation of an in-ground
pool and reduce the marketabilityof the home.The Chesapeake Bay Preservation Act(CBPA)
requirements of the Zoning Ordinance specify that a RPAbuffer be established adjacent to
perennial water bodies, to include connected and contiguous wetlands, and consist of an
undisturbed 100 foot natural vegetative buffer area.In order to meet the desires of potential
homebuyers, the applicant wishes to modify the existing use,an open yard,by installing an in-
ground pool for recreational use.When the lot was recorded, February 13, 1989 the pool would
have been permitted in the proposed location. After local adoption of the Chesapeake Bay
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Preservation Act (CBPA) in October 1989 the applicant must receive exception from the Board
of Supervisors for installation of the pool in the proposed location. (Exhibit A)
ANALYSIS
To approve a Chesapeake Bay Preservation Act(CBPA)exception request, the Board of
Supervisors must determine thatthe proposed development satisfies the six (6) findings, outlined
below, as required by Section 19-235 (b)(1).
The applicant addressed these findings as part of the application process.The applicant’s
position can be found on Attachment A.The first criteria for granting such an exception is:
1.The requested exception is the minimum necessary to afford relief.
In order to provide continuity with existing improvements and meet required
development constraints the area selected for the encroachment provided the least
disturbance of the existing vegetation and still meets the project goals. The proposed
encroachment is within thearea of the parcel containing existing uses, namely maintained
turf grasses. This open area is bordered by wooded areas, wetlands,the existing single-
family homeand associated septic system and drainfield.The proposed pool dimensions
areforty (40)feet by twenty (20)feet by five (5)feet, which issimilarto that of other
pools locatedwithin the neighborhood. The applicant proposes construction of a retaining
wall which will further reduce the need for any additional encroachmentsinto the buffer
area.
2.Granting the exception shall not confer any special privileges upon the applicant
that are denied by this division to other property owners who are subject to its
provisions and who are similarly situated.
The existing encroachments,consisting of turf grasses,asingle-family homeand portions
of the driveway, allpart of the current improvementsoccurred prior to local CBPA
requirements.Encroachments to the RPA within a pre-bay lot may be approved through
an administrative process provided the request for encroachment pertains only to the first
fifty (50)feet orlandward fifty (50)feet of the RPA.In this request,the encroachment
will occur withinseaward fifty (50)feet of the RPAtherefore requiring approval of this
encroachment from the Board of Supervisors. The encroachment into the seaward fifty
(50)feet of the RPA is a result of site constraints(i.e. size of the lot, position of existing
structures, topographical features),and the applicant’s desire to allow for improvements
similar to that of other homes located in this neighborhood.
3.The exception request is in harmony with the purpose and intent of this division
and will not result in a substantial detriment to water quality.
Construction of the proposed in-ground pool isto be built within the constraints of the
existingmanaged turf grassareasandtherefore,will reducethe need for clearing and
grubbing as part of the land disturbanceprocess.The areaof impervious cover increase
within the RPA is approximately 2400square feet.The proposed in-ground poolwill
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replace some of the existing managed turf grasses.The result will be a reduction in
pollutantswithin the stormwater runoff over thatof the present conditions.
4.The exception request is not based upon conditions or circumstances that are self-
created or self-imposed.
The existing improvements and uses wereestablished prior to the local requirements of
the CBPA. As a result, most improvements on this lot are presently in the now existing
RPA.As a result, available areas for anyimprovements to the rear of the existing
structure are constrained bytheRPA.
5.Reasonable and appropriate conditions are imposed, as warranted, that will
ensure that the permitted activity will not cause a degradation of water quality.
The applicant will employ erosion and sediment control standards during the construction
process.Pool maintenance and care will be conducted with respect to protection of the
remaining environmental resources. Proper best management practices will be employed
to ensure treatmentand proper disposal of water discharged as a result of pool
maintenance activities.
6.The request is being made because of the particular physical surroundings, use,
shape or topographical conditions of the specific property involved or property
adjacent to or within 100 feet of the subject property, or a particular hardship to
the owner will occur, as distinguished from a mere inconvenience, if the strict
letter of this division is carried out.
The existing lot configuration, structure, usesand environmental features has resulted in a
limited area in whichto construct improvements.Therefore,any proposed improvement
would most likely result in an encroachment within the RPA. The proposed
encroachment is a result of requests from potential home buyers wishing to purchase the
property contingent on the ability to install an in-groundpool.
CONCLUSION
The applicanthas requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas (CBPAs)asshown on Exhibit A.Implementation of the
limits of CBPAs, which include Resource Protection Areas (RPAs),results in the inability for the
applicant to use this area as desired.The proposed encroachment into the 100 foot buffer would
permit the impacts within the areaof existing encroachments.As mitigation for the
encroachmentthe applicant proposes erosion and sediment control measures above that which is
currently requiredby Chapter 8 of the Erosion and Sediment Control ordinanceand preservation
of the remainingvegetation.The applicant will employproper best managementpractices to
ensure adequate treatment and proper disposal of water discharged as a result of pool
maintenance activities.
Staff recommends that the Board of Supervisors approve the applicant’s requestsubject to the
two (2) conditionsincluded in this report.
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ATTACHMENT-A
Applicant’s response to the six (6) findings as required by Section 19-235 (b)(1).
REQUEST FOR AN EXCEPTION TO THE REQUIREMENTS
OF THE ZONING ORDINANCE
William Stinson
Reeds Landing Lot 88
11861 Aberdeen Landing Lane
Midlothian, Virginia 23113
Tax ID 739-723-Part of 0493
1)
The requested exception is the minimum necessary to afford relief:
There is one encroachment area onsite that will equal no more than 2,400 ft² for the
installation of a Gunite (concrete) in-ground pool. The dimensions of the pool are 40’ x 20’ x
5’ (average) with an approximate back flush of 50 gallons. Additional square footage
requested will include grading and a retaining wall required for pool construction. The
proposed encroachment area is currently a manicured lawn behind the house. Only two trees
exist within this area (see attached pictures).
2)
Granting the exception will not confer upon the applicant any special privileges that are
denied to other property owners who are similarly situated:
The encroachmentrequest is associated with a nonconforming lot, recorded on February 13,
1989, prior to the Chesapeake Bay Preservation Ordinance. Erosion and sediment control
measures will be addressed via the building permit that is required for the construction of the
pool from Chesterfield County. These permits will require erosion control and will be
monitored by a county inspector.
3)
The exception request is in harmony with the purpose and intent of the Chesapeake Bay
Preservation requirements of the Zoning Ordinance:
Installation of the pool will result in a net reduction of pollutants to surrounding natural
resources because of the land exchange from fertilized grass to contained structure with site
specific dry-well outfall.
Only two trees will be removed as a result of the encroachment. All woody vegetation
outside of the encroachment area will remain intact. No filling of wetlands will occur as a
result of the encroachment. All wetlands and streams onsite will remain in their natural state.
An in-ground dry-wellwill be installed to manage typical maintenance back flush activities.
The dimensions of the well are shown on the attached diagram. The well is specifically sized
to manage a 50-gallon back flush. The well will have a filter fabric lining and stone fill.It
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will be positioned at least 2’ above water table and will be located adjacent to the pool (see
attached layout).
Directions for the installation of a “seepage pit” to manage back flush activities were
obtained via guidance for Disposal of Chlorinated Water from Swimming Pools and Hot
Tubs (City of Medford, Oregon). Typically, back flush should bedischarged into sanitary
sewer; however, a seepage pit is acceptable where sanitary is not readily available (see
attached). Municipal sanitary sewer is not available to this lot.
4)
The proposed exception is not based upon conditions or circumstances that are self-
created or self-imposed:
The encroachment request is associated with a nonconforming lot, recorded on February 13,
1989, prior to the Chesapeake Bay Preservation Ordinance.
5)
Reasonable and appropriate conditions have been imposed that will prevent the allowed
activity from causing a degradation of water quality:
Compensation will include homeowner education regarding the maintenance, draining, and
care of the pool with respect to the surrounding environmental resources, including:
De-chlorinate the water by allowing it to stand untreated for at leastseven days.
Ensure that the pH of the pool water is close to the pH of thereceiving stream
(typically 7, but should be tested).
Remove excess sediment and leaves from the water
Discharge the water so that it does not enter a storm drain or streamdirectly
Discharge the water over a grassy area to slow it down and aerate it.
Discharge the water at a slow rate to avoid erosion.
[Guidance from Fairfax County:
www.fairfaxcounty.gov/dpwes/stormwater/pooldischarge.htm]
An in-ground dry-well will be installed to manage typical maintenance back flush activities.
The dimensions of the well are shown on the attached diagram. The well is specifically sized
to manage a 50-gallon back flush. The well will have a filter fabric lining and stone fill. It
will be positioned at least 2’ above water table and will be located adjacent to the pool (see
attached layout).
Erosion and sediment control measures will be addressed via the building permit that is
required for the construction of a pool in Chesterfield County. The permit will require
erosion control and will be monitored by a county inspector. Please see attached guidance
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memo from Chesterfield County for: Swimming Pool Contractors, Installers, and
Homeowners Installing a Residential Swimming Pool.
6)
The request is being made because of the particular physical surroundings, use, shape or
topographical conditions of the specific property involved or property adjacent to or
within 100 feet of the subject property, or a particular hardship to the owner will occur, as
distinguished from a mere inconvenience, if the strict letter of this division is carried out.
The owner is currently in the process of selling the lot. Two potential purchasers have
confirmed that in order for them to purchase the lot, they would like the option to install a
pool. The homeowner has chosen to submit an encroachment request in order to sell the
property. The property is currently assessed at $902,100. Without the request, the
homeowner will be faced with financial hardship.
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