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WESTMORELAND COUNTY, VIRGINIA

Land Use Administration


MONTROSS, VIRGINIA 22520

P. O. Box 1000 Phone: (804) 493-0121


Montross, Virginia 22520 Fax: (804) 493-0604

Planning Commission
Staff Report
Date: July 20, 2017
From: Darrin Lee, Planner
Case #: #1708-CBAE-05
Site Address: 473 Barracks Beach Drive, Colonial Beach, VA
Site Location: Barracks Beach
Magisterial District:
Washington Magisterial District
Site Tax Map: 6-78G
Owner/Applicant: Janice Volpini
Site Property Size:0.5 acres
Site Zoning District:
R-2 Residential, Limited Uses District
Utilities: Public water and septic drainfield
Authority: 3-1.15 Exceptions to the Chesapeake Bay Act
Project Description:
Chesapeake Bay Act Exception to allow after-the-fact construction within
the 100 foot buffer of resource protection area.
Work Session: Monday, July 24th, 2017 (3:00 p.m., George English Building)
Planning Commission: Monday, August 7th, 2017 (1:30 p.m., George English Building)
Board of Supervisors: Chesapeake Bay Act exception determinations by the Planning
Commission are final. Appeals of the Commissions decision should be
submitted to the Board of Zoning Appeals (BZA).
===========================================================================

FINDING OF FACTS

Project Description:
The project site is a waterfront lot located on Barracks Beach Drive along the Potomac River. The project
site currently includes one residential structure, garage (attached), porch (attached), sun deck (attached),
sun room (attached), shed (10 x 16), and rip rap along the shoreline. The property is classified as both a
pre-bay act lot and structure. In the fall/winter of 2016 a deck extension and pergola were constructed on
the waterfront side of the house within the 100 foot buffer of the resource protection area. The deck
extension has a total area of 223 square feet. Approximately 60% of the deck extension was built in the
100 foot buffer while 40% lie outside of the buffer.

1708-CBAE-05 Janice Volpini


Permitted Structures/Uses
House with porch and garage - August 1986
Shed - October 1986
Sun deck - August 1996
Sun room - August 1996
Rip rap - July 2016

No Permit Required
Pergola (Arbor)

Issue:
Many of the features that are encroaching into the 100 foot buffer were previously permitted on this pre
Chesapeake Bay Act lot. However, there has been recent after-the-fact construction that has encroached
into the 100 foot buffer increasing the amount of impervious cover. There were no building permits or
recorded documents found for the deck extension. Permits for pergolas (arbors) are not typically required
(Article 4-1.3.2) but the structure was constructed on top of the deck extension which is located within the
100 foot buffer. The plans submitted propose to mitigate and improve the site through re-vegetation
within the 100 foot buffer and installation of a 24 foot infiltration trench to collect 1,465 square feet (or
441 gallons) of stormwater from the roof. Because of recent buffer encroachment into the 100 foot buffer
of the resource protection area a Chesapeake Bay Act Exception is necessary.

Surrounding Zoning and Development:


This residential site lies in between Potomac Shores and Barrack Home Site subdivisions. It is zoned R-2
Residential, Limited Uses District. The residential areas along Monroe Bay, Mattox Creek and the
Potomac River have a high population density of 489. Most of the development in this residential area are
single-family dwellings along the coastline of the Potomac River.

Water/Sanitary System:
The site has public water (70 feet from residence) and an existing septic drainfield.

Buffer Mitigation:
Structural: The stormwater mitigation design accounts for buffer encroachment of the sun deck, sun room,
deck extension/pergola and frame shed. A proposed 24 foot infiltration trench is proposed to collect 59
Cubic Feet (441 gallons) from four coverage areas on the water-side of the roof, equaling 1,465 square
feet. The proposed location for the trench is located approximately 60 feet from shoreline.

Vegetative: Given the current buffer encroachment, there are 2 tree units required based on the Riparian
Mitigation Guidance Manual. In order to meet these requirements the property owner has the option to
adjust the number and location of shrubs, canopy and understory trees (equaling two tree units at least, or
up to three units) within the 100 foot buffer of the Resource Protection Area.

1708-CBAE-05 Janice Volpini


RECOMMENDATION

We believe that the application has merit, the plans submitted adequately mitigate for impacts in the
resource protection area. The layout in the landscape plan improve the site by collecting 441 gallons of
stormwater from the water-side of the roof. The proposed design does not infringe or adversely affect
neighboring properties. The vegetative plantings proposed meet the requirements listed in the Riparian
Buffers Guidance Manual (Chapter 5.1).

Should the Commission consider approval of the request, staff recommendations are as follows:

1. The proposed development shall conform to the CBPA Site Plan designed by AllisonBaird&Sehl,
dated June 12th, 2017.

2. Any changes made to the approved site plan or construction on site or failure to abide by these
requirements or conditions will result in the immediate revocation of this approval.

3. This Exception to the Chesapeake Bay Act shall be granted approved for 365 days from the date
of the Commissions determination. The owner is required to obtain all applicable permits within
this time period. Should the owner fail to obtain these permits, this Chesapeake Bay Act
Exception shall be declared null and void.

4. The site development shall be completed within two (2) years from the date of which the permit
shall be issued.

5. No additional development will be permitted on the property except in compliance with the
Zoning Ordinance.

6. The owner or his agent shall furnish to the Westmoreland County Land Use Administration
certification by the Clerk of the Circuit Court of the Deed Book number and page number upon
which the Chesapeake Bay Act Exception and all conditions have been recorded. The Deed Book
number and page number must be placed on all copies of the CBAE approval prior to giving
validation to the Building Official for issuance of a building permit.

7. The CBAE shall become effective one day after the Westmoreland County Land Use office
receives notification of recordation.

Attachments:
Application
Aerial photo of lot and surrounding area
Before and after photo
CBPA Site Plan (designed by AllisonBaird&Sehl, dated June 12 2017)

1708-CBAE-05 Janice Volpini

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