12RW0103CASE MANAGER: Scott Flanigan
.~--
{ r.f ~ i ~ I-~~f 1~
.4~
ry ~~ { ~~F'ti
:.'f
{~~.~
i
• ~r , r,'+irl
.rF I . ~.
August 24, 2011 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12RW0103
Cabin Creek Section B Lot 65 -Donald W. Staples
Dale Magisterial District
West line of Boones Trail Circle
RE VEST: An exception to the requirements of Section 19-232 of the Zoning Ordinance as it
relates to the Chesapeake Bay Preservation Act (CBPA). Specifically, the
applicant proposes to construct a 132 square foot addition onto an existing
primary structure encroaching into the Resource Protection Area (RPA).
RECOMMENDATION
Recommend approval with the two (2) conditions below for the following reasons:
A. A Water Quality Impact Assessment (WQIA) has been approved.
B. The six (6) findings, as required by Section 19-235 (b)(1) have been satisfied.
C. The proposed development is consistent with the Chesapeake Bay Preservation
Act.
CONDITIONS
1. The mitigation measures outlined in the document titled Cabin Creek Section B
Lot 65 -Water Quality Impact Assessment, prepared by Creative Home
Renovations and received in Planning Department August 11, 2011 shall be
incorporated and implemented during the plan review process. (EE)
2. The Department of Environmental Engineering may approve alternative
mitigation measures if it is determined that 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
Providing a FIRST CHOICE community through excellence in public service
above. Development of the site is subj ect to all ordinance requirements, review processes, and/or
other requirements currently adopted at the time of plans review.)
GENERAL INFORMATION
Location:
Cabin Creek Section B Lot 65, 4624 Boones Trail Circle, which is within the Falling
Creek drainage basin. Tax ID 759-686-Part of 313 5.
Existin . Zg oning:
R-9
Size:
0.25 acres
Existing Land Use:
The parcel is located within the Cabin Creek Subdivision having an existing single-
family home, turf grass and wooded areas.
Condition of Resource Protection Area (RPA):
The RPA on the subject site is located adjacent to unnamed tributary draining to Falling
Creek. The character of the RPA buffer on the property consists of areas containing
mature canopy trees, managed turf, single-family home and driveway.
Area of Proposed RPA Encroachment:
The area of impervious impact will be approximately 132 square feet of RPA.
REQUEST
The applicant has requested an exception for potential 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 include RPAs associated
with the unnamed tributary to Falling Creek, would preclude the use of the existing managed turf
yard area adjacent to the residential structure for construction of a 132 square foot attached
addition to the existing home. The CBPA requirements of the Zoning Ordinance specify that an
undisturbed 100 foot natural vegetative buffer area be established adjacent to perennial water
bodies. The applicant is requesting to use a portion of the existing open yard by constructing a
small addition onto the existing structure for the purpose of additional living space. When the lot
was recorded, August 23, 1979, and built upon in 1983, CBPA requirements were not yet
enacted and the addition would have been permitted in the proposed location. Due to local
adoption of the CBPA in October 1990 the applicant now must receive exception from the Board
of Supervisors for the construction of the addition in the proposed location. (Exhibit A)
2 12RW0103-AUG24-BOS-RPT
ANAT,V~T~
To approve a CBPA exception request, the Board of Supervisors must determine that the
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:
Finding 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 the area of the parcel containing existing uses, namely maintained
turf grasses. This open area is bordered by additional turf areas, existing deck and single-
family home. To minimize impacts the applicant has reduced the proposed addition to
132 square feet (11'X12'), which is still similar the total square foot living space of other
homes located within the neighborhood.
Finding 2. GNanting the exception shall not confeN any special privileges upon the
applicant that are denied by this division to other property owners who are subject to
its pNOVisions and who are similarly situated.
The existing improvements, consisting of turf grasses, asingle-family home and portions
of the driveway, occurred prior to the adoption of local CBPA requirements. The
encroachment will occur within seaward fifty (50) feet of the RPA; therefore, requiring
approval of this encroachment from the Board of Supervisors. This proposed
encroachment is a result of site constraints (i.e. size of the lot, position of existing
structures, required building setbacks and topographical features), and the applicant's
desire to allow for improvements similar to that of other homes located in this
neighborhood.
Finding 3. The exception request is in harmony with the purpose and intent of this
division and will not result in a substantial detNiment to water quality.
Construction of the proposed addition is to be built within the constraints of the existing
managed turf grass areas and therefore, will reduce the need for clearing and grubbing as
part of the construction process. The area of impervious cover increase within the RPA is
approximately 132 square feet. The proposed addition will replace some of the existing
managed turf grasses. Further conversion of turf grass areas to woody vegetation will
result in the reduction in pollutants within the stormwater runoff over that of the present
conditions.
Finding 4. The exception Nequest is not based upon conditions oN ciNCUmstances that
are self-created or self-imposed.
3 12RW0103-AUG24-BOS-RPT
The existing improvements and uses were established prior to the local requirements of
the CBPA. All improvements on this lot are presently in the now existing RPA. As a
result, available areas for any improvements to the rear of the existing structure are
constrained by the RPA.
Finding 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. The remaining woody buffer and environmental resources will be protected
during and after construction. Mitigation for the proposed encroachment includes the
removal of managed turf grass with the limits of the project and the development of a
planting plan to re-vegetate a portion of the remaining RPA in order to assist treatment of
stormwater runoff and erosion control.
Finding 6. The request is being made because of the particular physical
surNOUndings, use, shape oN topographical conditions of the specific propeNty
involved or property adjacent to or within 100 feet of the subject property, or a
paNticular haNdship to the owner will occur, as distinguished fNOm a meNe
inconvenience, if the strict letter of this division is carried out.
The existing lot configuration, structure, uses and environmental features has resulted in a
limited area in which to construct improvements. Therefore, any proposed improvement
would result in an encroachment within the RPA. The proposed encroachment is a result
of the homeowners desires to expand the current living space to accommodate existing
and further needs of the family.
CONCLUSION
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas as shown on Exhibit A. Implementation of the limits of
Chesapeake Bay Preservation Areas, which include 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 area of existing encroachments. As mitigation for the
encroachment, the applicant proposes erosion and sediment control measures above that which is
currently required by Chapter 8 of the Erosion and Sediment Control Ordinance, preservation of
the remaining vegetation and re-vegetation of a portion of the remaining RPA.
Staff recommends that the Board of Supervisors approve the applicant's request subject to the
two (2) conditions included in this report.
4 12RW0103-AUG24-BOS-RPT
Q
H
m
z
X
w
~.
12RW0103-1