06TW0171-Oct26.pdf
October 26, 2005 BOS
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STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
06TW0171
Benjamin Benton
Hidden Valley Corporation
Bermuda Magisterial District
East Line of Chip stead Court at 4001 Chip stead Court
REQUEST: Board of Supervisors approval of an exception to the requirements of Section 19-
232 of the Chesapeake Bay Preservation Ordinance relating to Resource
Protection Area regulations. Specifically, the applicant is requesting an exception
to encroach into the Resource Protection Area to allow construction of a single-
family dwelling. Exceptions to the Resource Protection Area Regulations are
permitted pursuant to Section 19-235 (b)(2) of the Ordinance.
RECOMMENDATION
Staff recommends approval of the request for the following reasons:
The applicant has adequately addressed the six (6) findings required by Section 19-235
(b)(1) for the Board of Supervisors to consider Chesapeake Bay Preservation Ordinance
exception requests.
A Water Quality Impact Assessment required pursuant to Section 19-232 (e) prepared by
the applicant has been submitted to and approved by the Office Water Quality.
GENERAL INFORMATION
Developer:
Benjamin Benton
Hidden Valley Corporation
Providing a FIRST CHOICE community through excellence in public service
Location:
The project is located off East Line of Chip stead Court at 4001 Chipstead Court.
Tax ID 793-649-3471. (Sheet 34)
Existing Zoning:
R-7
Land Use and Condition of Resource Protection Area:
Lot 41 in Hidden Valley Estates is one of the few remaining undeveloped lots in the
Hidden Valley Estates subdivision. The lots adjacent to lot 41 contain houses with rear
decks and substantial rear yard lawns. Section 6 of the subdivision was recorded in April
1989 prior to the Chesapeake Bay Preservation Act and the creation of Resource
Protection Areas (RP A). Mr. Benton purchased the lot with the intention of building a
dwelling comparable to the existing dwellings in the subdivision.
A perennial stream determination was completed by Chesterfield County on June 1, 2005
during which the stream forming the rear lot boundary was determined to be perennial.
The wetland limits adjacent to the stream were flagged and surveyed to determine the
location of the 100-foot RPA buffer on the lot. Based on the survey the RPA extends to
the edge of the road right-of-way for Chipstead Court and the lot is 100% within the RP A
boundary.
The majority of the lot area within the RP A consists of mature hardwoods with some
pines. The mature trees are spaced as they would be in an undisturbed forest, and some
shrub growth consisting of immature trees and low lying shrubs are present surrounding
the mature trees. Little groundcover was observed on the lot.
Area of Proposed Encroachment:
Approximately 6,000 square feet (0.14 acres) of existing RPA will be cleared for the
construction of this dwelling.
BACKGROUND
The applicant has requested an encroachment of the RP A buffer to permit the construction of a
single-family dwelling and the associated driveway and lawns. The proposed encroachments
include those necessary for the construction of a dwelling of similar size to adjacent dwellings
within the subdivision. The actual dwelling size with a garage and deck is approximately 1,756
square feet. The proposed driveway will be approximately 460 square feet within the RPA. An
approximately 10 foot offset from the dwelling and rear deck has been included to provide a rear
yard in keeping with other dwellings in the subdivision. The entire front yard will also be
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06TW0171-0ctober 26-BOS
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cleared. Therefore approximately 2,216 square feet of RP A will be converted to impervious area
and approximately 3,784 square feet ofRPA will be converted from forested to lawn.
Staff feels that this request is justified in that the area in which the encroachments would take
place would be required to allow for the construction of a single family dwelling on an already
existing lot recorded prior to the County's adoption of the Chesapeake Bay Preservation
Ordinance. Further, as the remaining RP A buffer is currently forested with mature trees and
immature saplings, there is little area for the planting of trees to compensate for the removal of
the mature trees on the lot. Therefore, a mulch field strip will be established adjacent to the edge
of the rear yard and planted with shrubs. This bed will act to slow runoff from the proposed
house and allow it to infiltrate prior to reaching the stream on the rear property line. Filter strips
provide water quality protection by reducing the amount of sediment, organic matter, and some
nutrients and pesticides from entering the nearby watercourse. This strip with the inclusion of
additional plantings will also allow for increased groundwater recharge, reduced erosion, and
increased wildlife habitat.
CONCLUSIONS
Staff recommends approval of this request. Upon approval of the exception a more detailed
construction diagram of the Filter Strip BMP shall be provided to the Department of
Environmental Engineering for review and approval.
Measures to Reduce the Impact of the Encroachments on Water Qualitv
The following is a list of measures to provide mitigation for the proposed encroachments to the
Resource Protection Area. These measures will provide water quality treatment and
improvements as well as enhancement and maintain the remaining environmental features.
1. During construction, erosion and control standards of Chesterfield County will be
maintained during all phases of the construction process and monitored closely by
the contractors.
2. A mulch filter strip with shrub plantings will be constructed with the
encroachment on lot 41.
3. To the extent possible, run-off from the impervious areas of the lot will be
directed into the filter strip.
4. The plat for Hidden Valley Estates Lot 41 shall be amended to incorporate the
RP A Enhancement Plan - Filter Strip BMP prior to obtaining a building permit.
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06TW0171-0ctober 26-BOS
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