19RW0102
CASE NUMBER: 19RW0102
APPLICANT: Tracey L. Kerzanet
CHESTERFIELD COUNTY, VIRGINIA
ANALYSIS Magisterial District: MIDLOTHIAN
2601 Cherrytree Lane
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
October 24, 2018
BOS Time Remaining:
365 DAYS
STEPHEN STONE
(703-679-5783)
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 0.01 acres of an existing Resource Protection Area (RPA) to perform grading and
construction related to the installation of a 14x28 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 five (5) conditions in this report.
(Attachment 1)
Providing a FIRST CHOICE community through excellence in public service
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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
W. Huguenot Road
Tributary to Powhite Creek
Suburban
Residential II
Cherrytree Lane
(Brookwood
Estates
Subdivision)
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Applicant Submittals
06/29/18
Application submitted
07/25/18
Revised WQIA accepted
10/08/18
Second revised WQIA accepted
Community Meeting
A community meeting was not required for this request
Board of Supervisors
09/26/18Citizen Comments:
No citizens spoke to this request.
Board Discussion:
Mrs. Hayley recommended deferral of the case to permit the applicant and
county staff additional time to work toward drafting a condition for the location
of the .
Action
DEFERRED TO OCTOBER 24, 2018 ON ITS OWN MOTION
The Board of Supervisors will consider this request on Wednesday, October 24,
2018, beginning at 6:00 p.m.
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Weedon Cloe (804-768-7797) cloew@chesterfield.gov
PROPOSAL
On June 29, 2018 the applicant submitted a Resource Protection Area (RPA) 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
fourteen (14) foot x twenty-eight (28) foot in-ground swimming pool with a surrounding three
(3) foot concrete apron.
The RPA on the subject site is located adjacent to a Jimmy Winters Branch, a perennial tributary
of Powhite Creek. The character of the RPA buffer on the property consists of currently managed
turf and landscape vegetation within a privacy fence, and a narrowly vegetated buffer area
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outside of the fence and adjacent to the creek. The area of RPA buffer on the property is
approximately 0.29 acres and comprises 55% of the parcel area. The applicant proposes to
impact approximately 680 square feet, or 0.01 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 2601 Cherrytree Lane, currently on file in the Chesterfield County Environmental
Engineering Department and shall be incorporated and implemented during the plan review
process. These measures include the abandonment of an existing septic tank and drain field and
the installation of native plantings.
Staff recommends that the board make the findings set forth in County Code §19.1-527(B)(1) by
granting the exception, subject to five conditions (see Attachment 1).
six findings is attached as Exhibit B.
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ATTACHMENT 1
CONDITIONS
1.The pool and associated concrete apron will be located on the property as depicted in Exhibit
A. (EE)
2.The mitigation measures outlined in the document titled Water Quality Impact Assessment
2601 Cherrytree Lane, prepared by Wetland Studies and Solutions, Inc. revised and
received October 8, 2018 shall be incorporated and implemented during the plan review
process. (EE)
3.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)
4.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)
5.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)
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Exhibit A
The parcel layout depicting the encroachment into the RPA and the onsite restoration areas.
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Exhibit B
response to the six findings specified by Section 19.1-527.B for exceptions to the
requirements of Sections 19.1-524 and 19.1-525 of the Chesterfield County Chesapeake Bay
Preservation Ordinance.
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