12CW0110CASE MANAGER: Scott Flanigan
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October 26, 2011 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12CWOll0
Colony Village Apartments -Colony Village, LLC
Bermuda Magisterial District
West line of Jefferson Davis Highway and south of Velda Road
REQUEST: An exception to the requirements of Section 19-232 of the Zoning Ordinance as it
relates to the Chesapeake Bay Preservation Act. Specifically, the applicant is
requesting to encroach into 2.15 acres of an existing Resource Protection Area
(RPA) to perform grading and construction related to a storm water facility,
addition of buildings, parking and associated appurtenances.
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 (CPBA).
CONDITIONS
1. The mitigation measures outlined in the document titled Colony Village
Apartments -Major Water Quality Impact Assessment, prepared by Highmark
Engineering, LLC dated January 14, 2009 and last revised August 19, 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:
Colony Village Apartments is located at 10200 and 10220 Jefferson Davis Highway,
which drains to an unnamed tributary part of the Proctors Creek drainage basin. Tax IDs
794-665-8176, 794-666-6515, 794-666-4339, 794-666-5242 and 794-666-5947. The
encroachment request is located on Tax IDs 794-666-Part of 6515 & 794-665-Part of
8176.
Existing Zoning:
C-3 and GS
Size:
17.29 acres
Existing Land Use:
Currently this site has been cleared of most structures. Prior to the clearing the site
contained sixty-one (61) manufactured homes. The road network, vegetation and a non-
operational waste water treatment plant still remain.
Condition of Resource Protection Area (RPA~:
The area of RPA on the subject site, 4.32 acres, is located on the western portion of the
property, adjacent to an unnamed tributary that drains to Proctors Creek (Exhibit A). The
character of the RPA consists of 1.54 acres containing relativity undisturbed mature
forested buffer and wetlands, with the remaining 2.78 acres containing disturbed forested
areas, manufactured homes and out buildings, parking and yard areas, debris and a
private sewage treatment plant serving the sixty-five (65) mobile home site.
Area of Probosed RPA Encroachment:
The area of the encroachment for this proposed development may permanently impact
approximately 2.15 acres of RPA buffer. Of this, approximately 0.87 acres contains
existing encroachments with 1.39 acres of existing disturbed forested area to be
converted as a result of grading for the construction of parking, buildings and a
stormwater facility. Temporary forested buffer RPA impacts include 0.11 acres, which
will be re-vegetated and allowed to return to its natural state. The remaining 2.06 acres of
forested and wetland RPA will remain in its current natural condition. An area of 0.20
acres of forested area adjacent to the existing RPA buffer will be dedicated as an
additional RPA buffer. (Exhibit A)
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REQUEST
On May 28, 2008 the Board of Supervisors approved Zoning Case 07SN0292 with CUPD for a
commercial mixed use development on the subject parcels. The proposed project "Colony
Village Apartments" is a mixed used development located along Jefferson Davis Highway. The
applicant proposes eight (8) apartment/commercial buildings containing approximately 268
units, a clubhouse, pool, stormwater facility, 8000 square foot self storage, five (5) out buildings,
associated drives and parking. Portions of the storm water facility, out buildings, parking club
house and apartments will encroach into an RPA per this request.
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas (CBPAs) and downstream water bodies (Exhibit A). The
applicant asserts that implementation of the limits of CBPAs, which include RPAs, connected
and contiguous wetlands, vegetative buffer associated with an unnamed tributary to Proctors
Creek, would preclude the use of the areas of existing encroachments as originally planned and
detailed in the zoning case for the property.
The Chesapeake Bay Preservation Act (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
August 14, 2007 staff confirmed that the stream channel originating on the property at a forty-
two (42) inch storm water outlet has perennial flow. Therefore, the limits of RPA would extend
into this project area of the parcel. Under requirements of the Virginia Department of
Conservation and Recreation (DCR), the County established additional guidance that required a
100 foot buffer be established adjacent to RPA wetland features for all applications received
after September 23, 2009. This precluded the applicant's ability to continue forward with the
development as originally planned.
ANAT VCTC
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).
The applicant addressed these findings as part of the application process. The applicant's
position can be found on Attachment A. The following findings for granting such an exception
are:
Finding 1. The requested exception is the minimum necessary to afford relief.
In order to provide continuity with existing improvements, namely the road network and
existing utilities, and meet required development constraints of the zoning case for the
property such as parking focal point features and open space, the area selected for the
encroachment provided the least disturbance of the existing vegetation while utilizing
existing encroachments and still meeting the project goals. Additionally, the applicant
made modifications to building shape and orientation which reduced the need for any
additional encroachments into the buffer area.
3 12CWOll0-OCT26-BOS-RPT
Finding 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, storm
water treatment facility), and the applicant's desire to allow for improvements similar to
that which was previously intended as a result of an approved zoning case.
Finding 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 project provides
for water quality improvements over the existing conditions by the retirement of the
existing waste water treatment plant, connection to public utilities and provide for storm
water quality and quantity treatment of the new construction as well as off-site existing
development. The applicant will conduct enhancement, preservation and restoration
projects that will provide long-term water quality improvements.
Finding 4. The exception request is not based upon conditions or circumstances that
are self-created or self-imposed.
The extent of RPA limits at the time of zoning and existing site conditions would have
allowed for much of the encroachments within the RPA through an administrative
process. County guidance effective September 23, 2009, for determining connected and
contiguous wetlands with respect to perennial flow determinations were modified and as
a result of the guidance available areas for the proposed improvements became
constrained by the RPA buffer area requiring formal approval for the proposed
encroachments.
Finding S. Reasonable and appropriate conditions are imposed, as warranted, that
will ensure that the permitted activity will not cause a degradation of water quality.
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 provided 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 development in addition to the treatment of existing off-site development.
Finding 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.
4 12CWOll0-OCT26-BOS-RPT
The existing road network and utilities configuration, zoning conditions, existing
encroachments, and site physical and environmental features has resulted in a limited
area in which to construct improvements. Therefore, any proposed improvement of this
nature 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 (CBPAs) 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
originally planned. The proposed encroachment into the 100 foot buffer would permit the
impacts within an area of existing encroachments and areas previously available for
development. Although the proposed encroachments may permanently impact up to 2.15 acres,
the applicant has already removed the current storm water problems through the re-development
of this site and will provide storm water improvements and treatment of a proposed storm water
facility that will enhance off-site storm water quality upstream. All mitigation measures are
outlined in the document titled Colony Village Apartments -Major Water Quality Impact
Assessment, prepared by Highmark Engineering, LLC dated January 14, 2009, last revised
August 19, 2011 and shall be incorporated and implemented during the plan review process.
Staff recommends that the Board of Supervisors approve this request subject to the two (2)
conditions included in this report.
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ATTACHMENT - A
Applicant's response to the six (6) findin sg as required by Section 19-235 (b)(1).
REQUEST FOR AN EXCEPTION TO THE REQUIREMENTS
OF THE ZONING ORDINANCE
Colony Village, LLC
Colony Village Apartments
10200 & 10220 Jefferson Davis Highway
Tax IDs 794-666-Part of 6515 & 794-665-Part of 8176
The following discussion addresses the exemptions and exceptions from Section 19-235 of the
Chesterfield County Code. Each exception is addressed for the proposed Resource Protection
Area impacts at the Colony Village Apartments site.
Section 19-235
(b) Exceptions.
(1) Exceptions to the requirements of sections 19-232 and 19-233 may be granted, subject to
the procedures set forth in 19-235(b)(2), provided that a finding is made that:
a. The requested exception is the minimum necessary to afford relief.
A layout for this site was included in the zoning case for the property that contained several
requirements for the site features that would be laid out within the site. In addition to the physical
restraints on the site mentioned in "fl' below, in order to meet the requirements for parking focal
point features, stormwater management, and open space detailed in the zoning case, some of the
proposed site features must encroach into the RPA. Considerable effort was made during the
design process in order to reduce encroachment into the RPA by selecting the shape and
orientation of the buildings and BMP to minimize impacts to the RPA. The design was even
modified to impact currently impacted RPA areas wherever possible instead of impacting
currently undisturbed RPA. The minimum impacts to the RPA were made in order to meet the
conditions of the zoning case.
b. 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.
This property is a redevelopment project with existing RPA encroachment and existing water
quality and storm water management problems. Every effort was made with the design of this
project to improve water quality along with the redevelopment of the site. With the proposed
design, water quality is improved beyond what is required by code, so the requested exception is
not intended to confer special privilege. Conditions at this site are unique and would not apply to
another property. Anyone else trying to develop this property would have to follow the same
zoning case requirements.
c. The exception is in harmony with the purpose and intent of this division and will not result in
a substantial detriment to water quality.
6 12CWOll0-OCT26-BOS-RPT
The intent of this division is to maintain or improve water quality by establishing and restoring
buffers along existing streams. This project is a substantial improvement compared to the current
situation for water quality. Improvements include removal of the existing onsite sewer treatment
facility, capping of the onsite well, removal of over 60 mobile home trailers and accessory
structures, a BMP with pollutant removal exceeding code requirements, removal of trash,
stormwater management to maintain or reduce the 2, 10 and 100 year storm peak runoff rate, and
posting of the RPA limits.
d. The exception request is not based on conditions or circumstances that are self-created or
self-imposed.
The exception request is based on conditions of zoning and the existing condition of the site,
both of which are not self-created or self-imposed. In addition, at the time of zoning, the RPA
determination guidelines from DCR were not as extensive as they are today, and as a result of
that, this project could have been approved under the old guidelines with an administrative
approval since the impact to the RPA would be substantially smaller.
e. Reasonable and appropriate conditions are imposed, as warranted, that will ensure that the
permitted activity will not cause a degradation of water quality.
The proposed RPA impacts will allow us to provide a design that provides water quality
exceeding that which is required by code. Improvements are discussed in "c" above and also
include restoration area, detailed maintenance, removal of existing pollution sources, and
stormwater management and water quality for the 58 acre drainage area feeding the stream that
leaves the site.
f. 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.
RPA impacts are the minimum necessary to make this project viable. The impacts are a result of
zoning conditions, required improvements to Route 1, steep slopes on the site, existing RPA
encroachment, and existing utilities within the RPA. These conditions are unique to this site and
are the reason for this exception request.
7 12CWOll0-OCT26-BOS-RPT
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