17RW0180
CASE NUMBER: 17RW0180
APPLICANT: Carey D. Ashford
CHESTERFIELD COUNTY, VIRGINIA
ANALYSIS Magisterial District: BERMUDA
11924 Birdie Lane
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
FEBRUARY 22, 2017
BOS Time Remaining:
365 DAYS
CAREY D. ASHFORD
(804-768-1319)
Case Manager:
WEEDON CLOE (804-768-7797)
REQUEST
An exception to the requirements of Section 19.1-524 of the Zoning Ordinance as it relates to the
Chesapeake Bay Preservation Act (CBPA). Specifically, the applicant is requesting to encroach into
0.03 acres of an existing Resource Protection Area (RPA) to perform grading and construction
related to the installation of a 16x30 foot in-ground swimming pool.
RECOMMENDATION
Under the Zoning Ordinance, a Chesapeake Bay Preservation Act
PLANNING
exception request goes directly to the Board of Supervisors without a
COMMISSION
Planning Commission recommendation.
RECOMMEND APPROVAL
STAFF Recommend approval with the four (4) conditions in this report.
(Attachment 1)
Providing a FIRST CHOICE community through excellence in public service
217RW0180-2017FEB22-BOS-RPT
Map 2: Comprehensive Plan
Classification: SUBURBAN RESIDENTIAL
The designation suggests the property is appropriate for 2.5 dwellings per acre or less.
Map 3: Surrounding Land Uses & Development
Goyne Park
Birdie Lane
Proctors Creek
Single-family
residential
(Hillandale
Subdivision)
317RW0180-2017FEB22-BOS-RPT
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Weedon Cloe (804-768-7797) cloew@chesterfield.gov
PROPOSAL
On November 21, 2016 the applicant submitted a Resource Protection Area Buffer Exception
Application to the Planning Department, which was then submitted for review to the
. The applicant requested an
exception to allow land disturbance within designated Chesapeake Bay Preservation Areas
(CBPA), which may impact downstream water bodies (see Exhibit A). This means that the site
improvements will encroach into RPA if this request is approved. Specifically, the applicant
proposes to clear and grade a currently maintained turf area for site layout and installation of a
sixteen (16) foot x thirty (30) foot in-ground swimming pool and adjacent patio.
The RPA on the subject site is located adjacent to Proctors Creek and its associated wetlands.
The character of the RPA buffer on the property consists of currently managed turf and
landscape vegetation within a privacy fence, and fully vegetated wetland area outside of the
fence and adjacent to the creek. The area of RPA buffer on the property is approximately 0.72
acres and comprises 86% of the parcel area. The applicant proposes to impact approximately
1472 square feet, or 0.03 acres, of RPA within the seaward 50-foot extent (Exhibit A).
Mitigation measures to minimize the impacts to the RPA are outlined in the Water Quality
Impact Assessment 11924 Birdie Lane, currently on file in the Chesterfield County
Environmental Engineering Department, and shall be incorporated and implemented during the
plan review process.
Staff recommends that the board make the findings set forth in County Code §19.1-527(B)(1) by
granting the exception, subject to four conditions (see Attachment 1).
the six findings is attached as Exhibit B.
417RW0180-2017FEB22-BOS-RPT
ATTACHMENT 1
CONDITIONS
1.The mitigation measures outlined in the document titled Water Quality Impact Assessment
11924 Birdie Lane, prepared by Balzer and Associates and received February 3, 2017 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
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 application for an exception is for encroachment into the Resource
Protection Area 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)
517RW0180-2017FEB22-BOS-RPT
Exhibit A
The parcel layout depicting the encroachment into the RPA and the onsite restoration
areas.
617RW0180-2017FEB22-BOS-RPT
Exhibit B
-527.B for exceptions to the
requirements of Sections 19.1-524 and 19.1-525 of the Chesterfield County Chesapeake Bay
Preservation Ordinance.
717RW0180-2017FEB22-BOS-RPT
817RW0180-2017FEB22-BOS-RPT