13RW0153
CASE MANAGER: Scott Flanigan
January 23, 2013BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
13RW0153
Bridgewater Point Lot 002–Penny J. Weaver & John R. Bauer
DaleMagisterial District
Eastline of Reservoir Lane
REQUEST: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 is requesting to encroachinto 0.018acre of an existing Resource
Protection Area (RPA) to perform grading and construction related to installation
of an in-ground pool and necessary utilities.
PLANNING COMMISSION RECOMMENDATION
Under the Zoning Ordinance, aCBPA exceptionrequest goes directly to the Board of
Supervisorswithout aPlanning Commission recommendation.
STAFF RECOMMENDATION
Recommend approval with the four(4)conditionsbelow for the following reasons:
A.AWater Quality Impact Assessment (WQIA) hasbeen approvedby the
Environmental Engineering Department.
B.The proposed development is consistent with the CBPA.
C.The six (6) findings, as required by Section 19-235 (b)(1) have been satisfied.
Note: Approval of this request by the Board of Supervisors constitutesthe Board’s
determination that the six (6) findings have been satisfied.
CONDITIONS
1.The mitigation measures outlined in the documenttitledWater Quality Impact
Assessment–4309 Reservoir Lane–North Chesterfield, Virginia,prepared by
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Penny Weaver and John Bauer;dated September 24, 2012 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 determinedthat such alternatives will not increase
impacts to the Resource Protection Area (RPA)or downstream water bodies.(EE)
3.As mitigation for the encroachment the applicant shall maintain erosion and
sediment control measures as required by the Department of Environmental
Engineering and ensure preservation of the remaining vegetation. (EE)
4.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, building permits and/or other
requirements currently adopted at the time of plans review.(EE)
GENERAL INFORMATION
Location:
The Weaver & Bauer projectis located in the Bridgewater Point Subdivision Lot 002 at
4309 Reservoir Lane, which drains toFalling Creek Reservoir,part of the Falling Creek
drainage basin.The encroachment request is located on parcelTax ID777-692-8831per
attached map.
Existing Zoning:
R-7
Size:
0.34acre
Existing Land Use:
The parcel is located within the Bridgewater Point Subdivision having an existing single-
family home, turf grass and trees.
Condition of Resource Protection Area(RPA):
The RPA on the subject site is located adjacent to Falling Creek Reservoir. The character
of the RPA buffer on the property consists of areas containing mature canopy trees,
managed turf, single-family home and driveway. The area of RPA buffer on the subject
property,approximately 0.25acre, is located along parts of the northeastern boundaryof
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the parceladjacent to all jurisdictional features associated with Falling Creek Reservoir.
(Exhibit A)
Area of Proposed Resource Protection AreaEncroachment:
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
800 square feet or 0.018 acre of RPA.(Exhibit A)
REQUEST
The CBPA requirements of the Zoning Ordinance specify that a RPA buffer be established
adjacent to perennial water bodies. The County adopted CBPA requirements in October 1990.
As a result of these requirements the limits of the RPA were overlaid on Falling Creek Reservoir
impacting the subject property.
On September 24, 2012 the applicant submitted a request in order to obtain relief through the
CBPAexception process administered by the Environmental Engineering Department Water
Quality Section. As a result of this submittal, the applicant has requested an exception for
potential impacts to lands within designated Chesapeake Bay Preservation Areas and
downstream water bodies (Exhibit A). This means that the site improvements will encroach into
RPA if this request is approved. (Note: The applicant proposes to clear for site layout and
installation of an in-ground swimming pool.)When the lot was recorded, October 26, 1967, and
built upon in 1979, CBPA requirements were not yet enacted and the request would have been
permitted in the proposed location.In this request, the encroachment is a result of an accessory
structure and therefore requiring the approval of encroachment through a formal process from
the Board of Supervisors.
The applicant asserts that implementation of the limits of CBPAs, which include RPA associated
with the Falling Creek Reservoir, would preclude the use of the existing managed turf yard area
adjacent to the residential structure for construction and installation of atwelve (12)foot by
twenty-four (24)foot in-ground swimming pool and impact the homeowner’s anticipated use of
this area as intendedwhen purchased.
ANALYSIS
To approve a 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 following findings for granting such an exception are:
Finding 1. The requested exception is the minimum necessary to afford relief.
In order to provide continuity with existing improvements and meet 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.
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This open area is bordered by treed areasandthe existing single-family home. The
proposed pool dimensions are twelve (12) feet by twenty-four(24) feet by five (5) feet
(average), which is similar to that of other pools located within the neighborhood. The
applicant proposes construction of a retaining wall which will further reduce the need for
any additional encroachments into the buffer area.
Finding 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, a single-family home and portions
of the driveway, all part of the current improvements occurred 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 or landward fifty (50) feet of the RPA. In this request,the encroachment
will occur within seaward fifty (50) feet of the RPA therefore 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.
Finding 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 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 land disturbance process. The area of impervious cover increase
within the RPA is approximately 800 square feet. The proposed in-ground pool will
replace some of the existing managed turf grasses. The result will be a reduction in
pollutants within the stormwater runoff over that of the present conditions.
Finding 4. The exception request is not based upon conditions or circumstances that
are self-created or self-imposed.
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.Pool maintenance and care will be conducted with respect
to protection of the remaining environmental resources. Proper best management
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practices will be employed to ensure treatment and proper disposal of water discharged as
a result of pool maintenance activities.
Finding 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, uses and environmental features has resulted in a
limited area in which to construct improvements. Therefore, any proposed improvement
would most likely result in an encroachment within the RPA. The proposed
encroachment is a resultof the homeowners desires to expand the current use to
accommodate existingand further desires of the family.
The applicant addressed these findings as part of the application process. SeeAttachment A.
CONCLUSION
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas,which include RPAs, as shown on Exhibit A.
Implementation of the limits of RPA 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. The applicant can still maintain a reasonable use while
reducing the impact to the riparian area along Falling Creek Reservoir. 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 and preservation
of the remaining vegetation. The applicant will employ proper best management practices to
ensure adequate treatment and proper disposal of water discharged as a result of pool
maintenance activities. All mitigation measures are outlined in the Water Quality Impact
Assessment –4309 Reservoir Lane –North Chesterfield, Virginia,currently on file in the
Chesterfield County Environmental Engineering Department and shall be incorporated and
implemented during the plansreview process.
Staff recommends that the Board of Supervisors approve thisrequestsubject to thefour (4)
conditionsincluded in this report.
The Board of Supervisors, on Wednesday, January 23, 2013beginning at 6:30 p.m., will take
under consideration this request.
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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
Penny J. Weaver & John R. Bauer
Bridgewater Point Lot 002
4309 Reservoir Lane
North Chesterfield, Virginia 23234
Tax ID # 777-692-8831
The following discussion addresses exceptions from Section19-235(b)(1)of the Chesterfield
County Code.Each exception is addressed for the proposed Resource Protection Area impacts.
Section 19-235
(b)Exceptions.
(1)Exceptions to the requirements of sections 19-232 and 19-233 may be granted, subject to the
procedures set forth in 19-235(b)(2), provided that a finding is made that:
1.The requested exception is the minimum necessary to afford relief:
There is one encroachment area onsite that will equal no more than 800 ft² for the installation of a
steel in-ground pool. The dimensions of the pool are 12’ x 24’ x 5’ (average) with an approximate
back flush of 50 gallons. Additional square footage requested will include grading, concrete patio
and deck improvements.The proposed encroachment area is currently a manicured lawn behind the
house. No 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 encroachment request is associated with a nonconforming lot, recorded on December 23, 1977,
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.
No 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.
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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).
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 be discharged into sanitary sewer; however, a seepage pit is
acceptable where sanitary is not readily available (see attached).
The proposed exception is not based upon conditions or circumstances that are self-created or
4.
self-imposed:
The encroachment request is associated with a nonconforming lot, recorded on December 23, 1977,
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 least seven days.
•Remove excess sediment and leaves from the water.
•Discharge the water so that it does not enter a storm drain or stream directly
•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
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).
Erosionand sediment control measures will be addressed via permits that are required for the
construction of a pool in Chesterfield County. These permits will require erosion control and will be
monitored by a county inspector. Please see attached guidance memo from Chesterfield County for:
Swimming Pool Contractors, Installers, and Homeowners Installing a Residential Swimming Pool.
The request is being made because of the particular physical surroundings, use, shape or
6.
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 homeowner has chosen to submit an encroachment request in order to improve the property for
retirement. The property is currently assessed at $273,600. Without the request, the homeowner will
be faced with financial hardship. The proposed pool and associated landscape will not exceed 800
ft².
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