11CW0223
CASE MANAGER: Scott Flanigan
July 27, 2011 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
11CW0223
Waterford PARI Building – Waterford Business Center LC
Clover Hill Magisterial District
North of Tredegar Lake Parkway
REQUEST: An exception to the requirements of Section 19-232 of the Zoning Ordinance as it
relates to the Chesapeake Bay Preservation Act (CBPA). Specifically, the
applicant proposes to install permanent infrastructure and make site
improvements on 0.6 acres encroaching into an existing 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 mitigation measures outlined in the document titled Waterford PARI Building
- Water Quality Impact Assessment, prepared by Balzer & Associates, Inc. dated
July 12, 2011 shall be incorporated and implemented during the plan review
process. (EE)
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 Condition 1
Providing a FIRST CHOICE community through excellence in public service
above. Development of the site is subject to all ordinance requirements, review processes, and/or
other requirements currently adopted at the time of plans review.)
GENERAL INFORMATION
Location:
Waterford Business Center, 2401 Waterford Lake Drive, off Tredegar Lake Parkway at
the northern terminus of Waterford Lake Drive, which drains to the Nuttree Branch
tributary part of the Swift Creek drainage basin. Tax ID 731-691-Part of 3863.
Existing Zoning:
C-2 & I-1
Size:
5.53 acre portion of larger tract totaling 45.35 acres
Existing Land Use:
The property is located within “Waterford” mixed used development, which currently
includes: Virginia Air Headquarters, an HVAC supply industry, Strayer University
Alstom Power Inc, and Virginia Credit Union’s Operation Center. The subject parcel is
currently vacant with trees and vegetation.
Condition of RPA:
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There are approximately 79,706 ft (1.83 acres) of existing RPA located within the
project area. The RPA on the subject site is located adjacent to wetlands associated with
the headwaters of Nuttree Branch. The character of the RPA buffer on the property
consists of areas containing relativity undisturbed mature forested buffer and wetlands.
Area of Proposed RPA Encroachment:
The area of the encroachment for this proposed development may permanently impact
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approximately 26,570 ft(0.60 acres) of forested buffer RPA. Of this, 17,297 ft (0.4
acres) is proposed to be converted to parking lot and building with the remaining 9,273
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ft(0.2 acres) as a result of grading. Temporary forested buffer RPA impacts include
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24,488 ft (0.56 acres) where trees will be removed, soil will be used for construction/fill,
and topsoil will be replaced, re-vegetated and left to return to its natural state. The
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remaining 28,648 ft(0.67 acres) of forested wetland RPA impacted remain in its current
natural condition. Of the 5.53 acre portion of the parcel in this application, there is 1.83
acres encumbered by RPA, of which (0.6) acres are impacted.
REQUEST
On August 27, 1986 the Board of Supervisors approved zoning Case 86SN0117 for commercial
mixed use development on this parcel. This was done prior to the enactment of Chesapeake Bay
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Preservation Act (CBPA) requirements. The proposed project is part of “Waterford” mixed used
development located near Powhite and Charter Colony Parkways in Midlothian. The applicant
proposes to develop a 20,000 square foot office/warehouse for use by the PARI Company, an
international company who specializes in the research, design and manufacturing of devices for
treatment of respiratory diseases.
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Area and downstream water bodies (Exhibit A). The applicant
asserts that implementation of the limits of Chesapeake Bay Preservation Areas, which include
RPAs and in this case connected and contiguous wetlands and vegetative buffer associated with
the unnamed tributary to Nutree Branch, would preclude the use of the existing portion of the
parcel for the proposed development as originally planned. The CBPA requirements of the
Zoning Ordinance specify that a RPA be established adjacent to perennial water bodies, to
include connected and contiguous wetlands, and consist of an undisturbed 100 foot natural
vegetative buffer area.
On April 1, 2008 County staff confirmed that the stream reaches originating on the parcel did not
exhibit characteristics of a channel having perennial flow and therefore limits of RPA would
extend into this project area of the parcel. Having this confirmation the applicant proceeded in
good faith with development transactions. On November 25, 2009 under requirements of the
Virginia Department of Conservation and Recreation (DCR), the County established guidance
that required a 100 foot buffer be established adjacent to RPA wetland features. This precluded
the applicant’s ability to continue forward with the development as originally planned.
In order meet the original intended development desires for the property, the applicant wishes to
encroach into a portion of the area designated as RPA buffer as outlined in the County policy
Designation of Resource Protection Areas (RPAs) Resulting from the Perennial Flow & Nontidal
Wetland Determination Process 2009 No.: A080005.001 as it pertains to connected and
contiguous wetlands. In order for this type of activity to encroach within the RPA (Exhibit A) of
the locally adopted CBPA the applicant must receive exception from the Board of Supervisors.
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ANALYSIS
To approve a 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) of the Chesterfield County Zoning Ordinance.
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.
In order to provide continuity with existing improvements, namely the road network, and
meet required development constraints, the area selected for the encroachment provided
the least disturbance of the existing vegetation and still meets the project goals. The
applicant proposes shallow placement of the north/south sanitary sewer line within the
footprint of the construction project which will further reduce the need for any additional
encroachments into the buffer area.
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 request for encroachment into RPA buffer area is a result of site constraints
(i.e. size of the project area, position of existing structures, topographical features), and
the applicant’s desire to allow for improvements similar to that which was previously
intended as a result of an earlier County confirmation of the lack of RPA buffer within
the project area.
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.
Staff believes that this requirement has been satisfied in that the applicant has agreed to
address water quality protection during all phases of development. The applicant will
conduct enhancement and restoration projects that will provide long-term water quality
improvements.
4.The exception request is not based upon conditions or circumstances that are self-
created or self-imposed.
The existing road network and financial decisions made in order to develop the property
given the encumbrances at the time property was purchased were established prior to the
effective date, September 23, 2009 of the County’s guidance for determining connected
and contiguous wetlands with respect to perennial flow determinations. As a result of the
guidance available areas for the proposed commercial improvements in this area of the
parcel are constrained by the RPA buffer area.
5.Reasonable and appropriate conditions are imposed, as warranted, that will
ensure that the permitted activity will not cause a degradation of water quality.
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The applicant will employ erosion and sediment control standards during the construction
process. Enhancement and protection of the remaining buffer as well as preservation of
additional buffer will be conducted in order for the protection of the remaining
environmental resources. Proper best management practices will be employed to ensure
treatment and proper disposal of storm water discharges as a result the proposed and
future development within the project area.
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 existing road network configuration, zoned commercial and industrial uses and
proposed improvements required to operate a business such as the PARI Company and
environmental features has resulted in a limited area in which to construct improvements.
Therefore, any proposed improvement would most likely result in an encroachment
within the RPA buffer area.
CONCLUSION
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas as shown on Exhibit A. Implementation of the limits of
CBPAs, which include RPAs, results in the inability for the applicant to use this area as desired.
The proposed encroachment into the 100 foot buffer would permit the impacts within an area
previously available for development. The proposed encroachments may permanently impact up
to 26,570 ft² (0.60 acres) of forested RPA buffer. As mitigation for the encroachment the
applicant proposes preservation of the remaining RPA vegetation, vegetative enhancement of
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areas of temporary impact totaling 24,488 ft of RPA buffer, and the addition of 11,277 ft of
vegetation buffer area. For future parking lot the applicant will install an approximate 175 foot
infiltration trench along the north end of the project area to manage storm water flows and
provide hydrology to a portion of the remaining RPA areas.
Staff recommends that the Board of Supervisors approve the applicant’s request subject to the
two (2) conditions included in this report.
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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
Waterford Business Center LC
Waterford PARI Building
2401 Waterford Lake Drive
Midlothian, Virginia 23112
Tax ID 731-691- Part of 3863
Section VII of Exception Application Form
A.Provide the justification for the proposed exception and a discussion of how each of the
following findings are met:
1.The requested exception is the minimum necessary to afford relief:
Yes, the area of encroachment is the minimum necessary to meet County development
requirements. The site configuration is long and narrow which limits the development of
the property. The building footprint is as far from the RPA impact as possible and the
parking and drive configuration is set to minimum County standards. Another hardship
factor on this project is the required grading activities for site construction. The existing
sanitary lines are shallow and the site is graded to the minimum necessary to connect to
the sewer. If the sanitary sewer was lower, the grade could be set such that our impacts
into the RPA are reduced. Furthermore, the north south sewer line is being installed as
ductile iron pipe under pavement so a shallower install can be done to limit impacts. This
is done at additional cost to developer, verses PVC material, in order to minimize
encroachment in RPA. The grading has been adjusted to the maximum extent to limit
encroachment.
A perennial flow determination was obtained for this onsite channel by Chesterfield
County on April 1, 2008. The channel was determined as intermittent. At that time, no
Resource Protection Area (RPA) Designation was required and there was no RPA
assigned to this channel or any area within the project limits. Site acquisition, site
planning and design, and cost projection for future development commenced based on
this determination.
On April 30, 2008, Chesterfield County Department of Environmental Engineering
issued Policy No. A080005.000: Designation of Resource Protection Areas (RPA)
Resulting from the Perenniality Flow Determination Process. According to this policy,
an RPA was located onsite based on the guidance that the RPA associated with Waterford
Lake would extend north of the road culvert along wetlands that were located along the
intermittent channel.
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As a result of the new guidance, 79,706 ft² (1.83 acres) of RPA was added to the project
area. The perennial flow determination was established pre-RPA guidance and the
addition of the RPA as a result of the new guidance is creating financial hardship on the
owner.
The encroachment area equals approximately 26,570 ft² (0.60 acres) of forested RPA.
Encroachments requested herein include those necessary for grading, parking and
building construction. Encroachments into the RPA have been minimized at the greatest
extent practicable and necessary to still develop the site.
2.Granting the exception will not confer upon the applicant any special privileges that
are denied to other property owners who are similarly situated:
The exception request being made adheres to the regulations and guidance stated within
the Chesapeake Bay Preservation Ordinance. The requested exception does not provide
the owner any additional privileges over other owners with the area. The tenant and use
requires a certain square footage to operate and support the surrounding medical service
industries. The development plan is similar to what others have done within the park and
does not exceed what is needed for a project of this type. This development is located
within an established business park than was planned and mostly constructed under old
RPA guidance and this project is following the same design guidelines as others within
the center.
3.The exception request is in harmony with the purpose and intent of the Chesapeake
Bay Preservation requirements of the Zoning Ordinance:
The results of the proposed encroachments may impact up to 26,570 ft² (0.60 acres) of
forested RPA. Compensation will include the addition of 11,277 ft² of RPA onsite and
the enhancement of 24,488 ft² of riparian area via grading and replacement of tree seed-
rich topsoil, which will allow for volunteer growth of indigenous species. The fertile
topsoil that will be placed has an abundant bank of tree seeds, as well as herbaceous and
understory species including, but not limited to:
?
Quercus phellos (Willow Oak)
?
Liquidambar styraciflua (Sweet Gum)
?
Acer rubrum (Red Maple)
?
Carpinus caroliniana (American hornbeam)
?
Ilex opaca (American Holly)
?
Scirpus microcarpus (Panicled Bulrush)
?
Carex vulpinoidea (Fox Sedge)
?
Cinna latifolia (Drooping Woodreed)
?
Smilax rotundifolia (Green Briar)
?
Lonicera japonica (Japanese Honeysuckle)
?
Quercus alba (White Oak)
?
Quercus rubra (Red Oak)
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Additionally, a 175-foot infiltration trench will be installed along the north end of the
future parking area. This area will reduce percent impervious area onsite, will manage
storm water by allowing infiltration from adjacent impervious areas, and will provide
hydrology to existing wetlands.
Lastly, rooftop stormwater will also be collected and directed to the northwest corner of
the project area to contribute to the hydrological needs of the proposed riparian area and
existing, adjacent wetlands.
4.The proposed exception is not based upon conditions or circumstances that are self-
created or self-imposed:
A perennial flow determination was obtained for this onsite channel by Chesterfield
County on April 1, 2008. The channel was determined as intermittent. At that time, no
Resource Protection Area (RPA) Designation was required and there was no RPA
assigned to this channel or any area within the project limits. Site acquisition, site
planning and design, and cost projection for future development commenced based on
this determination.
On April 30, 2008, Chesterfield County Department of Environmental Engineering
issued Policy No. A080005.000: Designation of Resource Protection Areas (RPA)
Resulting from the Perenniality Flow Determination Process. According to this policy,
an RPA was located onsite based on the guidance that the RPA associated with Waterford
Lake would extend north of the road culvert along wetlands that were located along the
intermittent channel.
As a result of the new guidance, 79,706 ft² (1.83 acres) of RPA was added to the project
area. The perennial flow determination was established pre-RPA guidance and the
addition of the RPA as a result of the new guidance is creating financial hardship on the
owner.
The encroachment area equals approximately 26,570 ft² (0.60 acres) of forested RPA.
Encroachments requested herein include those necessary for grading, parking and
building construction. Encroachments into the RPA have been minimized at the greatest
extent practicable and necessary to still develop the site.
Please see Finding 1. above.
5.Reasonable and appropriate conditions have been imposed that will prevent the
allowed activity from causing a degradation of water quality:
Erosion control measures will include safety fence, diversion dikes, silt fence and super
silt fence along RPA. Two (2) temporary sediment traps will also be utilized onsite
during construction. These sediment traps will trap sediment and prevent sedimentation
of downstream channels. Full details of the erosion and sediment control measures are
shown on the attached site layout.
See Finding 3. above for proposed project compensation that will positively effect onsite
water quality.
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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:
Yes, the area of encroachment is the minimum necessary to meet County development
requirements. The site configuration is long and narrow which limits the development of
the property. The building footprint is as far from the RPA impact as possible and the
parking and drive configuration is set to minimum County standards. Another hardship
factor is the existing sanitary sewer depth. The existing sanitary lines are shallow and the
site is graded to the minimum necessary to connect to the sewer. If the sanitary sewer was
lower, the grade could be set such that our impacts into the RPA are reduced.
Furthermore, the north south sewer line is being installed as ductile iron pipe under
pavement so a shallower install can be done to limit impacts. This is done at additional
cost to developer, verses PVC material, in order to minimize encroachment in the RPA.
The grading has been adjusted to the maximum extent to limit encroachment.
The site also has steeper topography east to west which requires additional grading verses
a flatter site. This grading, based on unique topography, requires an encroachment into
the RPA. Site design has been done to minimize this impact.
The change in policy regarding RPA has severely limited development of this area of the
parcel and therefore any proposed development on this area would most likely result on
an encroachment within the RPA.
These are hardships based on existing conditions, unique parcel shape, and topographic
conditions that are not owner caused and the impacts are not being done for mere
convenience.
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