10CW0227
June 23, 2010 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
10CW0227
Woodlake Community Association
Matoaca Magisterial District
North line of Hull Street Road and East line of Woodlake Village Parkway
REQUEST: An exception to the requirements of the Chesapeake Bay Preservation Act (CBPA) of
the Zoning Ordinance to allow encroachment into the Resource Protection Area
(RPA).
RECOMMENDATION
Recommend approval with the two (2) conditions below for the following reasons:
A.A Water Quality Impact Assessment (WQIA) has been approved.
B.The six (6) findings, as required by Section 19-235 (b)(1) have been satisfied.
C.The proposed development is consistent with the Chesapeake Bay Preservation Act.
CONDITIONS
1. The director of Environmental Engineering shall ensure that the mitigation measures
outlined in the document Water Quality Impact Assessment – Minor Woodlake Public
Realm Improvements, prepared by DesignForum Inc. and received in Planning
Department April 1, 2010, are incorporated into the site plan review process and
implemented.
2. The Department of Environmental Engineering may approve alternative mitigation
measures if it is determined that such alternatives will not increase impacts to the
RPA or downstream water bodies. (EE)
(NOTE: Approval of this exception is for encroachment into the RPA buffer only and does
not guarantee development of the site as explicitly proposed in the WQIA referenced in #1
above. Development of the site is subject to all ordinance requirements, review processes,
and/or VDOT requirements currently adopted at the time of this approval.)
Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ »®ª·½»
GENERAL INFORMATION
Location
:
6801 Woodlake Village Parkway, which is within the Swift Creek Reservoir drainage basin.
Tax ID 720-671-Part of 3385
Existing Zoning
:
C-2
Size:
0.8 acres
Existing Land Use:
The parcel is located along Woodlake Village Parkway in the entrance area to the Woodlake
Community. The area is mainly wooded and contains one (1) flagpole.
Condition of Resource Protection Area:
The RPA on the subject site is located adjacent to Swift Creek Reservoir. The character of
the RPA buffer on the property consists of areas containing relativity undisturbed forested
buffer and managed turf along the roadway and shoreline.
Area of Proposed RPA Encroachment:
The area of the encroachment for this proposed development pertains to only those areas
having pre-existing turf conditions. The area of impervious impact will be approximately 74
square feet or 0.002 acres of RPA, with the remaining RPA having turf conditions,
approximately 0.8 acres, to be replaced with woody and herbaceous plant material.
REQUEST
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas (CBPAs) and downstream water bodies. The applicant asserts
that implementation of the limits of CBPAs, which include Resource Protection Areas (RPAs)
around the Swift Creek Reservoir, would preclude the construction of a thirty (30) foot long wall and
three (3) flagpoles resulting in an unbalanced landscape and reduce the attractiveness of the
Woodlake Community entrance. The Chesapeake Bay Preservation Act (CBPA) requirements of the
Zoning Ordinance specify that a RPA buffer be established adjacent to perennial water bodies, to
include connected and contiguous wetlands, and consist of an undisturbed 100 foot natural
vegetative buffer area. In order to continue to meet the needs of the current and future community
standards and compete with newer developments, the Woodlake Community Association has
undertaken a series of Public Realm Improvement projects which include the enhancement of
neighborhood vehicle entrances.
ïðÝÉðîîéóÖËÒîíóÞÑÍóÎÐÌ
î
ANALYSIS
To approve a Chesapeake Bay Preservation Act (CBPA) exception request, the Board of Supervisors
must determine that the proposed development satisfies the six (6) findings, outlined below, as
required by Section 19-235 (b)(1) have been satisfied.
The applicant addressed these findings as part of the application process. The applicant’s position
can be found on Attachment A. The first criteria for granting such an exception is:
1.The requested exception is the minimum necessary to afford relief.
The proposed encroachment is within the area of the parcel containing pre-existing uses,
namely maintained turf grasses and a flagpole. This open area is bordered by transportation
right-of-way, wooded area and the reservoir. In order to provide continuity with
improvements across the roadway and meet required development constraints the area
selected for the wall encroachment provided the least disturbance of the existing vegetation
and still meets the project goals.
2.Granting the exception shall not confer any special privileges upon the applicant that
are denied by this division to other property owners who are subject to its provisions
and who are similarly situated.
The existing encroachments, namely maintained turf grasses and a flagpole, as part of the
current entrance occurred prior to CBPA requirements. Encroachments to the RPA within a
pre-bay lot may be approved through an administrative process provided the request for
encroachment pertains only to the first 50 feet or landward 50. In this request, a small portion
of the encroachment will occur within seaward 50 feet of the RPA requiring the need for a
public hearing. The encroachment into the seaward 50 feet is a result of site constraints,
ultimate goals of the project, and the need to improve entrance aesthetics similar to that of
other area neighborhoods.
3.The exception request is in harmony with the purpose and intent of this division and
will not result in a substantial detriment to water quality.
Construction of the proposed wall and flagpoles are to be built within the constraints of the
existing topography and therefore will reduce the need for grading and land disturbance. The
area of impervious cover increase within the RPA is approximately 74 square feet. This area
along with the replacement of the existing managed turf grass with other plant material will
reduce stormwater runoff by increasing infiltration and nutrient uptake over the present
managed turf conditions.
4.The exception request is not based upon conditions or circumstances that are self-
created or self-imposed.
The community entrance at Woodlake Village Parkway and resulting right-of-way was
established prior to the requirements of the Bay Act and therefore these areas are mostly
located within the now existing RPA. As a result, available areas for most improvements
along the entrance are constrained by the RPA.
ïðÝÉðîîéóÖËÒîíóÞÑÍóÎÐÌ
í
5.Reasonable and appropriate conditions are imposed, as warranted, that will ensure
that the permitted activity will not cause a degradation of water quality.
Erosion and sediment control standards will be employed during construction. Re-vegetation
of maintained turf grass conditions with woody and herbaceous plantings will reduce future
stormwater flows and improve quality of the runoff.
6.The request is being made because of the particular physical surroundings, use,
shape or topographical conditions of the specific property involved or property
adjacent to or within 100 feet of the subject property, or a particular hardship to the
owner will occur, as distinguished from a mere inconvenience, if the strict letter of
this division is carried out.
The alignment of the Woodlake Village Parkway, associated right-of-way and environmental
features has resulted in a limited area in which to construct improvements to the
neighborhood entrance. The proposed entrance design, to include wall and landscaping,
provides for visual balance and aesthetically pleasing improvements when compared to other
area community entrances.
CONCLUSION
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas (CBPAs) as shown on Exhibit A. Implementation of the limits
of CBPAs, which include Resource Protection Areas (RPAs), results in the inability for the applicant
to use this area as intended. The proposed encroachment into the 100 foot buffer would permit the
impacts within the area of existing encroachments and allow for additional re-vegetation over the
existing conditions. As mitigation for the encroachment the applicant proposes erosion and sediment
control measures above that which would be required, protection of existing vegetation and enhance
stormwater runoff from the existing conditions as a result of re-vegetation.
Staff recommends that the Board of Supervisors approve the applicant’s request subject to the two
(2) conditions included in this report.
ïðÝÉðîîéóÖËÒîíóÞÑÍóÎÐÌ
ì
ATTACHMENT - A
Applicant’s response to the six (6) findings as required by Section 19-235 (b)(1).
REQUEST FOR AN EXCEPTION TO THE REQUIREMENTS
OF THE ZONING ORDINANCE
Woodlake Community Association
6801 Woodlake Village Parkway
Midlothian, Virginia 23112
Tax ID part of parcel 720-671-3385
1)
The requested exception is the minimum necessary to afford relief.
The extremely wide right of way encroaches into the proposed wall site so much so that a very
small window exists that is not within 50’ of the reservoir (the acceptable setback due to the
property being in use previous to the ChesBay Act being established). Therefore, it is necessary
to utilize some area of the R.P.A. within 50’ of the reservoir to provide an adequately sized wall
which will complement the walls and landscape installment on the opposite side of Woodlake
Village Parkway. Were the wall not installed in the proposed location, an extremely unbalanced
landscape would be the result, providing an unattractive entrance to the Woodlake Community
and viewshed from Route 3670.
2)
Granting the exception shall not confer any special privileges upon the applicant that are
denied by this division to other property owners who are subject to its provisions and who are
similarly situated.
The proposed encroachment will not adversely affect the drainage patterns or ecology of the site.
Thus, any applicant with a similar proposal should be considered for approval. In addition, the
wall and flagpoles requested represent a typical entrance statement that most communities in the
area posses. The inability to construct an installment would result in a disadvantage to the
Woodlake Community in terms of entrance aesthetics.
3)
The exception request is in harmony with the purpose and intent of this division and will not
result in a substantial detriment to water quality.
The wall is situated on terrain with a slope of about 2’ in elevation from highest to lowest
elevation. As the wall is proposed to be built within the constraints of the existing topography, no
site grading will be necessary. The only necessary disturbance will be at-grade trenching to
construct the footings for the end columns and wall. The total impervious surface area of he wall
2
and column caps is approximately 72 ft.
In addition, no grading will be necessary for installations of the flagpoles. The flagpoles will be
installed with a concrete footing, and no concrete pads will be required. The flagpoles will be
ïðÝÉðîîéóÖËÒîíóÞÑÍóÎÐÌ
ë
2
installed at existing grades. The total impervious surface area for each flagpole is 1.8 ft. The
impervious surfaces proposed as part of the addition for the entire site (including lands adjacent
to the RPA area) represent an insignificant amount (395 s.f. in a total area of 51,197 s.f. or 0.7%)
of impervious surface. Taken as a whole, the large quantity plant material installed will be
overwhelmingly more beneficial for the reduction of stormwater runoff and increase the filtering
and natural on-site retention than present conditions.
4)
The exception request is not based upon conditions or circumstances that are self-created or
self imposed.
The Right of Way for Woodlake Village Parkway was established prior to the necessity for the
entrance walls and flagpoles. As a result, the available area for monument construction is
constrained on both sides of Right of Way and R.P.A., both standards imposed on the property
by agencies outside of the control of Woodlake.
5)
Reasonable and appropriate conditions are imposed, as warranted, that will ensure that the
permitted activity will not cause a degradation of water quality.
The Woodlake Community Association is committed to protecting and preserving the Swift
Creek Reservoir and all watersheds within the downstream of the community. As in such, silt
fencing will be utilized on the downslope area of all at grade trenching for any walls, fencing, or
extensive planting that occurs on the site. This includes downslope of the wall and flagpoles
proposed in the RPA. In addition, any walls constructed within a reasonable distance from any
drainage basins, channels or swales will incorporate silt fencing to ensure no sediment runoff
that could impact bodies of water downstream.
6)
The request is being made because of the particular physical surroundings, use, shape or
topographical conditions of the specific property involved or property adjacent to or within
100 feet of the subject property, or a particular hardship to the owner will occur, as
distinguished from a mere inconvenience, if the strict letter of this division is carried out.
The extremely wide right of way and 50’ R.P.A. boundaries limit the area in which
encroachment may occur so much so that a very small window exists that is not within 50’ of the
reservoir. Therefore, it is necessary to utilize some area in the R.P.A. within 50’ of the reservoir
to provide an adequately sized wall which will complement the walls and landscape installment
on the opposite side of Woodlake Village Parkway. Were the wall not installed in the proposed
location, an extremely unbalanced landscape would be the result. The inability to construct such
an installment would result in a disadvantage to the Woodlake Community in terms of entrance
aesthetics. In addition, the view from the Route 360 Corridor would not be as aesthetically
pleasing as it would should the exception be granted.
ïðÝÉðîîéóÖËÒîíóÞÑÍóÎÐÌ
ê