PLN-CBPA-2021-015 1708 Rockwood Drive - City of Chesapeake, Virginia
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City of Chesapeake
Department of Planning
P.O. Box 15225
Chesapeake, VA 23322
Office: 757.382.6176
www.cityofchesapeake.net
PLN-CBPA-2021-015
1708 Rockwood Drive
Project Proposal: In accordance with Section 26-522, of the Chesapeake City Code, the
applicant is seeking an EXCEPTION to re-subdivide two (2) parcels that do not meet the
minimum square footage requirements outside of the 100-foot Resource Protection Area (RPA)
buffer.
Subdivision / Lot #: Park View / Lot 5 and Lot 6 Existing Zoning: R-15s, Residential
Tax Map ID: 0344002003400 and 03440020033410 Existing Land Use: Residential
Property Address / Watershed: 1708 Rockwood Drive / Southern Branch
Applicant: Jakob Klein, P.E. Public Hearing Date: May 19, 2021
Staff Report Date: April 26, 2021
Property Owner: Stephen Alexander Homes, Inc. Project Planner:
Ethan Hoar, Senior Planner
STAFF RECOMMENDATION
☒ GRANTED ☐ GRANTED WITH STIPULATIONS ☐ CONTINUED ☐ DENIED
PROJECT DESCRIPTION AND BACKGROUND:
The applicant seeks an EXCEPTION to allow the resubdivision of two (2) parcels, one of
which does not meet the minimum square footage requirements of area that lies outside
of the 100-foot Resource Protection Area (RPA) buffer. In accordance with Article IX Sec.
26-522(a)(1), CBPA Board approval is required when newly proposed lots do not have at
least 75% of the required lot area landward of the 100-foot RPA buffer. The current zoning
of the existing lots is R-15s, meaning the minimum total lot size is 15,000 SF, therefore
requiring 11,250 SF landward of the RPA buffer to be eligible for re-subdividing without
an approved CBPA exception application. While one (1) of the proposed lots (Lot 6A)
meets the criteria, the proposed Lot 5A will not meet the 11,250 SF minimum requirement
landward of the RPA buffer post resubdivision, so CBPA Board approval is necessary.
CBPA REVIEW COMMITTEE COMMENTS:
This application was evaluated by the CBPA Review Committee on April 20, 2021. The
Committee voted to recommend APPROVAL as submitted.
CBPA REVIEW COMMITTEE ANALYSIS:
Section 26-528 of the Chesapeake City Code requires a CBPA exception application to
meet the following standards. Only those factors considered applicable to this application
are discussed below:
1. The requested exception to the criteria is the minimum necessary to afford relief.
2. Granting the exception will not confer upon the applicant any special privileges that
are denied by this ordinance to other property owners who are subject to its
provisions and who are similarly situated.
3. The exception is in harmony with the purpose and intent of this ordinance and is not
of substantial detriment to water quality.
PLN-CBPA-2021-015 1708 Rockwood Drive Page 2 of 4
4. The exception request is not based upon conditions or circumstances that are self-
created or self-imposed.
5. Reasonable and appropriate conditions are imposed, as warranted, to prevent the
proposed activity from causing degradation of water quality.
6. Reasonable and appropriate conditions are imposed, as warranted, to prevent the
proposed activity from causing degradation of water quality.
7. Other findings and conditions, as appropriate and required by the CBPA Board, are
met.
The applicant seeks an exception to allow the resubdivision of two (2) parcels, one of
which does not meet the minimum square footage requirements outside of the 100-foot
Resource Protection Area (RPA) buffer. In accordance with Article IX Sec. 26-522(a)(1),
CBPA Board approval is required when newly proposed lots do not have at least 75% of
the required lot area landward of the 100-foot RPA buffer. In this case the required lot
area to be located landward of the 100-foot RPA buffer is 11,250 SF. The resubdivision
proposal includes the adjustment of an
interior lot line of two (2) existing platted
lots; essentially reorienting the current
configuration of the lots. The
resubdivision will not result in an increase
in the number of lots.
In the diagram to the right, the thick
dashed black line shows the current
configuration of the lots and the thick
dashed blue line shows the proposed
reorientation. Please also note the thin
short dashed blue line that marks the RPA
buffer.
The proposed lots are currently zoned R-
15s, residential district, which requires a
minimum area of 15,000 SF per lot as
required by the Zoning Ordinance;
however, Lot 6A is a non-conforming lot in
this residential district as its total lot area
is only 12,977 SF and is proposed to be
increased to 13,105 SF which is still
deficient of the 15,000 SF minimum for the
R-15s zoning district. Lot 6A will be moving slightly closer to conformance as the lot size
is proposed to be increasing by 128 SF. As stated earlier, Section 26-522(a)(1) of the
CBPA Ordinance requires that 75% of the required lot area must be located landward of
the 100-foot RPA buffer. In this case, each of the newly created lots requires 11,250 SF
landward of the RPA. The western lot, lot 6A currently meets this requirement, the eastern
lot, lot 5A is deficient. The submitted subdivision plat depicts the interior property
boundary line to be reoriented from running west to east to running north to south.
PLN-CBPA-2021-015 1708 Rockwood Drive Page 3 of 4
Currently both lots have frontage along Rockwood Drive, with the existing Lot 5 also
having frontage along Kaywood Lane. The proposed resubdivision would then provide
Lot 6A with frontage along Kaywood Lane, and Lot 5A would retain frontage along both
Rockwood Drive and Kaywood Lane. Currently, neither of the lots meet the 75% minimum
requirement, however, if the resubdivision were approved by the CBPA Board, Lot 6A
would then meet the minimum requirement with 12,924 SF landward of the RPA buffer
while being 13,105 SF in overall size, while Lot 5A remains deficient with only 5,800 SF
landward of the RPA, while being 15,267 SF in overall size.
As the two (2) lots currently exist, each lot would require a CBPA exception application to
be submitted and ultimately approved for development to occur, as encroachment into
the RPA buffer would likely be unavoidable. With the proposed resubdivision,
development occurring on Lot 6A will not encroach into the RPA buffer. Lot 5A however,
will remain encumbered by the RPA buffer, and since the new lots would then have a lot
recordation date of 2021, any future development on Lot 5A would require CBPA Board
approval for the requested encroachment.
The requested exception to the criteria is the minimum necessary to avoid relief as the
subject property lots were both recorded in 1953, prior to the CBPA Ordinance, as part of
the original Park View subdivision. There is no development associated with this
exception request, however a substantial detriment to water quality is not expected as the
adjustment of the interior lot line will allow future development on Lot 6A to occur outside
of the RPA buffer. While Lot 5A will remain a residentially zoned lot, and a single family
home is expected to be proposed on the lot in the future, a CBPA Board approved
exception would be required before any encroachment into the RPA buffer could occur.
Based on the findings included in this staff report, the CBPA Review Committee finds the
proposal to be consistent with the goals of the CBPA Ordinance and recommends
approval of this exception application as submitted.
CBPA REVIEW COMMITTEE RECOMMENDATION:
Based on findings contained in this report, the CBPA Review Committee recommends
that the exception requested in application PLN-CBPA-2021-015 be APPROVED as
submitted.
EH:lm
cc: Jakob Klein, P.E., applicant, via email prjsubmit@american-ea.com
ATTACHMENTS:
1. PLN-CBPA-2021-015 Application
2. PLN-CBPA-2021-015 Site Plan entitled, “Resubdivision Plat of Lots 5 and 6, Block
5 Section 2, Park View,” prepared by American Engineering Associates – Southeast,
P.A. Inc., dated March 15, 2021.
3. PLN-CBPA-2021-015 CBPA Review Committee Action Letter dated April 20, 2021
PLN-CBPA-2021-015 1708 Rockwood Drive Page 4 of 4
City of Chesapeake
Department of Planning
Record Summary for Chesapeake Bay Preservation Area Exception Application
Record Detail Information
Record Type: Chesapeake Bay Preservation Area Exception Record Status: In Review File Date: April 6, 2021
Application
Record Number: PLN-CBPA-2021-015 Expiration Date:
Description: Record Name: 1708 Rockwood Drive
Kaywood Lane - CBPA Exception for Resubdivision Plat Parent Record Number:
Address:
Owner Information
Primary Owner Name Owner Address Owner Phone
Yes STEPHEN ALEXANDER 820 GREENBRIER CIR STE 3, CHESAPEAKE, VA 23320
HOMES LLC 264
Parcel Information
Parcel No:
0344002003400
Contact Information
Name Organization Name Contact Type Phone
American Engineering Associates American Engineering Associates - Applicant (757) 468-6800
Southeast, PA
Address
830 Greenbrier Circle, Suite 110, Chesapeake, VA 23320
Stephen Quick STEPHEN ALEXANDER HOMES LLC Developer (757) 631-8793
Address
820 GREENBRIER CIR STE 3, CHESAPEAKE, VA 23320 264
ACI Payments, Inc. ACI Payments, Inc Refundee -
Address
6060 Coventry Drive, Elkhorn, NE 68022
Application Specific Information
TYPE OF APPLICATION
Type of Application CBPA Board Exception
PERMIT INFORMATION
Expiration Date -
ACKNOWLEDGEMENT
Page 1 of 4 PLN-CBPA-2021-015Does any member of the CBPA Board own or have any No
personal or financial interest in the land which is subject to this
application, or has any personal or financial interest in the
outcome of the decisions, as defined by the Virginia Conflict of
Interest Act?
If yes, please explain -
I, the owner (or agent), certify that all statements in this CHECKED
application are true and correct to the best of my knowledge,
are accurate and complete and includes all required
information and submittals. I also certify that the list of
adjacent property owners, if required, is complete and correct
as of the date of this application submittal. I understand that if
the list of adjacent property owners is determined to be
incomplete at a later date, any action taken on this application
may become null and void.
I, the applicant, understand that the cost of newspaper Applicant
advertising for public hearing notification purposes is my
responsibility and agree to pay all notices of payment due and
bills associated with advertising costs for this application.
Advertising cost will be billed separately.
By checking this box, the applicant, owner or agent consents CHECKED
to entry upon the subject property by public officers,
employees, and agents of the City of Chesapeake wishing to
view the site for purposes of processing, evaluating or
deciding this application.
DESCRIPTION OF PROPERTY
Subdivision PARK VIEW SEC 2 RESUB OF LOTS 9 & 10
Watershed Branch Southern
Legal Description 5 BLK 5 PARK VIEW SEC 2
Tax Map Numbers -
Census Tract 213.02
Statistical Area 86112
NATURE OF REQUEST
Nature of Exception To create a lot that does not have sufficient area landward of the RPA
to meet the 75% of the required R-15s lot area (11,250 square feet) to
be landward of the RPA.
Number of Lots Requested for Exception 1
PROPERTY LOT RECORDATION
MB 36
Page 21
Date 08/26/1953
Was the subject lot recorded prior to January 21, 1992? Yes
Was the subject lot recorded between January 21, 1992 and No
March 1, 2002
Lot created in conformity with the subdivision ordinance? Yes
Have all mitigation measures from previous CBPA Application NA
been addressed?
LAND DISTURBANCE
Page 2 of 4 PLN-CBPA-2021-015Lot Area 15267
Lot Area Landward RPA 8018
Lot Area Seaward 1449
Existing Impervious Area 1882
Existing Impervious Landward RPA 861
Existing Impervious Seaward 126
Watershed Impervious Percentage 28
Proposed Impervious Area 4312
Proposed Area of Disturbance 13822
Total Post-Development Impervious Area 4312
Total Impervious Landward 2028
Total Impervious Seaward 0
Percent Impervious Post-Dev 28
WQIA REQUIREMENTS
Check this box to confirm that a plan or plat will be attached CHECKED
Is the proposed encroachment the minimum necessary to Yes
afford relief based on the lot size, layout and land area (square
footage) outside the RPA?
Describe the purpose and necessity of the proposed The reconfiguration of this lot is to decrease the developable area
encroachment. Include any design and location alternatives within the CBPA buffer. Currently, lots 5 and 6 are both within the
considered with the layout of the improvements. Describe why CBPA buffer. If both lots were developed, it could result in more
the improvements could not be located elsewhere on the site disturbance and impervious cover within the buffer. This
to avoid disturbance of the 100-foot buffer area or other RPA resubdivision reconfigures these lots so that only one lot is within the
component buffer.
Describe the type(s) of best management practices to be -
installed and maintained to achieve the requisite reduction in
pollutant loads
Is the size of the proposed building/improvement similar to Yes
adjacent properties?
CBPA ORDINANCE PROVISIONS
Water-Dependent No
Minimized Wetlands Disturbance NA
Hydrology Degradation No
Vegetation or Aquatic Life Degradation No
Will the proposed stormwater management facilities (BMPs) NA
adequately control the stormwater runoff to achieve the
required performance standard for pollutant control?
Will the proposed re-vegetation of disturbed areas provide Yes
optimum erosion and sediment control benefits?
Erosion Control Methods Silt Fence, Check Dams, Culvert Inlet Protection
Will the design and location of any proposed drain field will be NA
in accordance with the requirements of the CBPA Ordinance?
Will the cumulative impact of the proposed land disturbance, No
use, development or redevelopment, when considered in
relation to other development in the vicinity, both existing and
proposed, result in a significant degradation of water quality?
If “Yes”, describe cumulative impact. -
What is the condition of the existing RPA and/or buffer? The area within the RPA buffer is currently developed with residential
(Describe existing vegetation within the buffer.) homes and roadways. The existing vegetation on the lots in the area
consists of natural grass and dense woods.
Page 3 of 4 PLN-CBPA-2021-015Is vegetation replacement proposed to mitigate for the Yes proposed encroachment? If “No”, what is the proposed mitigation? - EXCEPTION JUSTIFICATION The requested exception to the criteria is the minimum The proposed improvements are situated on the lot to have the least necessary to afford relief impact on the buffer as possible. Granting the exception will not confer upon the applicant any The proposed improvements are similar to adjacent new construction special privileges that are denied by this ordinance to other and in keeping with the neighborhood standards. property owners who are subject to its provisions and who are similarly situated The exception request is in harmony with the purpose and There are no substantive changes that will be a detriment to water intent of the CBPA ordinance and is not of substantial quality. detriment to water quality The exception request is not based upon conditions or The lot is an existing legal lot created in 1953. circumstances that are self-created or self-imposed Reasonable and appropriate conditions are imposed, as With this resubdivision there are no changes to the lot that will impact warranted, to prevent the proposed activity from causing the water quality. degradation of water quality Other findings and conditions, as appropriate and required by - the CBPA Board, are met SPECIAL POWER OF ATTORNEY Power of Attorney CHECKED Page 4 of 4 PLN-CBPA-2021-015
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__________________________________________________ ____________________
________________________________________________
________________________________________________
LOCATION MAP, SCALE : 1" = 2000'
__________________________________________________ ____________________
________________________________________________ CURVE TABLE
4
________________________________________________
PARK VIEW,SECTION 2
________________________
________________________
8A
____________________________________
_____ __________________
______ ________________________
________________________________________________
LOT 6A
___________________________________
________________________________________________________ _____________________
______________________________________
________________________
________________________
KAYWOOD LANE (60' R/W)
________________________________
________________________________
(M.B. 36, PG. 21)(D.B. 10317, PG. 1194)
_____ __________________ __________ __________
__________ __________
7A
______ ________________________
_____________________________________
________________________________________________
CBPA AREA TABLE
___________________________________
______________________________________ LOT 5A
AREA TABLE
RO RESUBDIVISION PLAT
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EDWARD F. RUDIGER, JR.
FIRM# 0405001994
Lic. No. 1698
____________________________________________________________ __________________
LA American Engineering Associates - Southeast, P.A. Inc.
ND OR
S UR V E Y 830 Greenbrier Circle, Suite 110
Chesapeake, VA 23320 757-468-6800
____________________________________________________________ __________________ Pro ect Dra n B Checke B Dra ing Path Name, La out
SHEET 1 OF 1 06053 PP EFR, R.City of Chesapeake
Department of Planning
Post Office Box 15225
Chesapeake, VA 23328
(757) 382‐6176
www.cityofchesapeake.net/planning
April 20, 2021
Attn: Jakob Klein, P.E.
American Engineering Associates
830 Greenbrier Circle, Suite 110
Chesapeake, Virginia 23320
Re: PLN-CBPA-2021-015
1708 Rockwood Drive, Chesapeake, VA
(Parcels: 0344002003400 and 0344002003410)
Dear Mr. Klein:
The Chesapeake Bay Preservation Area (CBPA) Review Committee, at its April
20, 2021 meeting, reviewed your EXCEPTION REQUEST to re-subdivide two (2)
parcels that do not meet the minimum square footage requirements outside of
the 100-foot Resource Protection Area (RPA) buffer located at the above
referenced parcel numbers. In evaluating your exception request, as per section
26-522 of the CBPA Ordinance, the CBPA Review Committee RECOMMENDS
APPROVAL of your exception request as submitted.
The CBPA Review Committee recommendation will be forwarded to the CBPA
Board, who will review your exception application on the evening of Wednesday,
May 19, 2021. Your attendance is required at this CBPA Board meeting.
The public hearing starts at 6:00 p.m. in the City Council Chambers on the
first floor of the Chesapeake City Hall building, located at 306 Cedar Road.
As a reminder, there will be additional newspaper advertising costs associated
with this meeting. Citizens are encouraged to check the City’s website or call the
Planning Department for any changes necessitated by COVID-19.
If you have any questions or if I can be of further assistance, please do not
hesitate to contact me at 757-382-6176.
Sincerely,
Ethan Hoar
Ethan Hoar, CBPA Planner
CBPA Review Committee ChairpersonYou can also read
