14RW0207
CASE MANAGER: Scott Flanigan
June25, 2014BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
14RW0207
6624 Corcoran Drive –Joshua Dylan Dickerson
DaleMagisterial District
South line of Corcoran Drive
REQUEST:An exception to the requirements of Section 19-232 of the Zoning Ordinance as it
relates to the Chesapeake Bay Preservation Act. Specifically, the applicant is
requesting to encroachinto 0.006acresof an existing Resource Protection Area to
perform grading and construction related to installation of anabove-ground
swimming pool and necessary utilities.
PLANNING COMMISSION RECOMMENDATION
Under the Zoning Ordinance, aChesapeake Bay Preservation Act 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
Department of Environmental Engineering.
B.The proposed development is consistent with the Chesapeake Bay Preservation
Act.
C.The six (6) findings, as required by Section 19-235 (b)(1) have been satisfied.
Note: Approval ofthis request by the Board of Supervisors constitutesthe Board’s
determination that the six (6) findings have been satisfied.
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CONDITIONS
1.The mitigation measures outlined in the documenttitledWater Quality Impact
Assessment–6624CorcoranDrive -Proposed Swimming Pool Construction–
Chesterfield, Virginia,prepared forJoshua Dylan Dickerson;dated May 1, 2014
shall be incorporated and implemented during the plan review processand after
construction. (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 erosionand
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.
GENERAL INFORMATION
Location:
The Dickerson projectis located in the Rolling Hills SubdivisionLot #27at 6624
Corcoran Drive, which drains toLicking Creek,a tributary of the Falling Creek drainage
basin.The encroachment request is located on parcelTax ID760-675-4351per attached
map.
Existing Zoning:
R-7
Size:
0.33acres
Existing Land Use:
The parcel is located within the Rolling Hills Subdivision having an existing single-
family home, turf grass and trees.
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Condition of Resource Protection Area(RPA):
The RPA on the subject site is located adjacent to LickingCreek. 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 0.25acres, is located along parts of the southernboundaryof the parcel
adjacent to all jurisdictional features associated with Licking Creek.(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
260 square feet or 0.006acres of RPA.(Exhibit A)
REQUEST
OnMarch 18, 2014the applicant submitted a request in order to obtain relief through the
Chesapeake Bay Preservation Act(CBPA)exception process administered by the Department of
Environmental Engineering.As a result of this submittal, the applicant has requested an
exception forpotential impacts to lands within designated Chesapeake Bay Preservation Areas
and downstream water bodies (Exhibit A). This means that the site improvements will encroach
into the RPA if this request is approved. (Note: The applicant proposes to clear for site layout
and installation of an above-ground swimming pool.)When the lot was recordedonDecember 2,
1999, and built upon in 2000,prior to the Chesapeake Bay Preservation Regulations that required
site-specific evaluations in order to established the requirements of anRPAwere not yet enacted
and the request would have been permitted in the proposed location.The County amended the
local ordinance to carry out the requirements of this portion of the CBPAin 2004. Therefore, the
new 2004projected limits of the RPA were not recorded on the development plan or plat
allowing portions of the buildable area of the lot to be situated within the limits of the RPA.In
this request, the encroachment is a result of an accessory structure and therefore requiringthe
approval of encroachment through a formal process from the Board of Supervisors.
The applicant asserts that implementation of the limits of the RPA associated with Licking
Creek, would preclude the use of the existing managed turf yard area adjacent to the residential
structure for construction and installation of an eighteen (18)foot diameter above-ground
swimming pool and impact the homeowner’s anticipated use of this area as intendedwhen
purchased.
ANALYSIS
The Zoning Ordinance requires thatfor the Board to approve a CBPAexception 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.
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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 desired needs of the homeowner. The proposed
encroachment is within the area of the parcel containing existing uses, namely maintained
turf grasses. This open area is bordered by trees, adjacent yard areasand theexisting
single-family home. The proposed pool dimensions are for an eighteen (18) foot in
diameter above-ground pool approximately 4.5feet in depth.
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 encroachmentsconstructed in 2000, consisting of turf grasses, a single-
family home and portions of the driveway, all part of the current improvements occurred
prior to 2004local adoption oftheCBPA requirementsrelated to site-specific evaluations
for the determination of the limits of the RPA. Encroachments to the RPA within a
“tweener”or lotsrecorded between October 1, 1989 and March 1, 2002, the date the
State enacted the site-specific determinations, may be approved through an administrative
process provided the requestis for new construction for a primary structure.
Encroachments as a result of an accessory structure, in this case a swimming pool,
requireapproval of theencroachment from the Board of Supervisors. The limits of the
RPA encompass the rear yard area requiring the need for an accessory structure located
anywhere in the rear yard to be approved by theBoard ofSupervisors.
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 above-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 increasedimpervious cover
within the RPA is approximately 260square feet. The proposed above-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 turf 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 CBPApertaining to site-specific evaluations for the determinationof the limits of the
RPA.All improvements on this lot are presently in the newly identifiedRPA. 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.
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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 and downstream resources. Proper best
management 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 homeowner’s 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 Resource Protection Areas,as shown on
Exhibit A.Implementation of the limits of the RPA results in the inability for the applicant to use
this area as desiredwhen initially purchased. 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 Licking
Creek. 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 woody vegetation. The applicant will
employ proper best management practices to ensure adequate treatment and proper disposal of
water discharged as a result of pool use and maintenance activities. All mitigation measures are
outlined in the Water Quality Impact Assessment –6624 Corcoran Drive -Proposed Swimming
Pool Construction –Chesterfield, Virginia,currently on file in the Chesterfield County
Department of Environmental Engineering, and shall be incorporated and implemented during
the plan review processand after construction.
Staff recommends that the Board of Supervisors approve thisrequestsubject to thefour (4)
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).
JUSTIFICATION FOR THE PROPOSED ENCROCHMENT AND REQUEST FOR AN
EXCEPTION TO THE REQUIREMENTS OF THE ZONING ORDINANCE
Joshua & Connie Dickerson
Rolling Hills Lot 27
6624 Corcoran Drive
Chesterfield, Virginia 23832
Tax ID # 760-675-4149
The following discussion addresses exceptions from Section 19-235(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 260 square feetfor the
installation of an above-ground pool. The dimensions of the pool are 18 feet in diameter for a
circular pool with an approximate back flush of 25 gallons. The proposed encroachment area is
currently a manicured lawn behind the house.
2.Granting the exception will not confer upon the applicant any special privileges that are
denied to other property owners who are similarly situated:
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 permitswill require erosion control
and will be monitored by a county inspector.
The exception request is in harmony with the purpose and intent of the Chesapeake Bay
3.
Preservation requirements of the Zoning Ordinance:
Installation of the pool will result in anet reduction of pollutants to surrounding natural resources
because of the land exchange from fertilized grass to contained structure.
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.
The proposed exception is not based upon conditions or circumstances that are self-created or
4.
self-imposed:
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, limiting use of the
property.
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]
Erosion and 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.
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 ofthe 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
family and personal use. This improvement should additionally increase the value of the home and
property.