12RW0142CASE MANAGER: Scott Flanagan
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12RW0142
Iron Mill Subdivision -Wilton Family Investments, LLC
Bermuda Magisterial District
North line of Iron Bridge Road and south of Ecoff Avenue
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 is requesting to encroach into 14.0 acres of an existing Resource
Protection Area (RPA) to perform grading and construction related to stormwater
treatment, buildings, road network, parking and associated appurtenances.
PLANNING COMMISSION RECOMMENDATION
Under the Zoning Ordinance, a CBPA exception request goes directly to the Board of
Supervisors without a Planning Commission recommendation.
STAFF 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 proposed development is consistent with the CPBA.
C. The six (6) findings, as required by Section 19-235 (b)(1) have been satisfied.
Note: Approval of this request by the Board Of Supervisors constitutes the Board's
determination that the six (6) findings have been satisfied.
CONDITIONS
1. The mitigation measures outlined in the document titled Major Water Quality
Impact Assessment -Iron Mill Subdivision Chesterfield, Virginia, prepared by
Townes Site Engineering; revised February 9, 2012 shall be incorporated and
implemented during the plan review process. (EE)
Providing a FIRST CHOICE community through excellence in public service
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.
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
T .nrati nn
Iron Mill Subdivision, is located at 5011 Ecoff Avenue, which drains to Great Branch
Creek part of the Proctor's Creek drainage basin. The encroachment request is located on
parcel Tax ID 784-654-3 844.
Existing Zonin
R-TH
Size:
124.8 acres
Existing Land Use:
Currently the site is under construction having portions of the connector road constructed
and site work on sections previously approved for development. A large portion of the
interior of the property has been cleared to facilitate the initial construction.
Condition of Resource Protection Area (RPA~:
The area of RPA on the subject site, 60.9 acres, is located along parts northern, eastern
and southern boundaries of the property, adjacent to all jurisdictional features associated
with Great Branch Creek (Exhibit A). The character of the RPA consists of
approximately 50.0 acres containing relativity undisturbed mature forested buffer and
wetlands, 8.3 acres cleared as a result of the ongoing construction activities with the
remaining 2.6 acres within power, sewer and gas line easements having scrub/shrub
vegetation.
Area of Proposed Resource Protection Area Encroachment:
The additional RPA as a result of the request for revised tentative approval will be
approximately 29.8 acres of which 12.2 acres of forested and wetland RPA will remain in
a natural condition. The area of the encroachment requested for this proposal may impact
approximately 14.0 acres of RPA buffer. Of this, approximately 5.0 acres contains
existing cleared encroachments with the remaining 9.0 acres existing as undisturbed
2 12RW0142-MAR28-BOS-RPT
forested areas. Of the 14.0 acres, approximately 6.5 acres will be permanently disturbed
as a result of grading and construction related to buildings, road network, parking and
other lot improvements (Exhibit B). The remaining 7.5 acres will also be converted
during construction but will be maintained in a natural or landscaped area providing for
rainwater infiltration and resource buffering. Additionally, portions of this area will also
contain stormwater treatment facilities (rain gardens) for the management nutrients from
adjacent development.
REQUEST
On April 27, 2005 the Board of Supervisors approved Zoning Case OSSN0164 with conditional
use planned development for a mixture of residential and non-residential uses, to include cluster
homes, townhouses and corporate office uses. The project known as Iron Mill received tentative
subdivision approval on June 7, 2007 (06TS0220). Construction plans were submitted to the
County for review of sections 1 and 4 in 2007. Section 1 received approval on October 11, 2010.
Construction plans for Sections 2 and 3 were submitted for review in April and May of 2009. As
of the date of this report no approvals have been granted. Construction plans for a connector road
were submitted in 2007 and approved on April 8, 2011. The construction plans for the clubhouse
were submitted in 2008 and approval is still pending. Construction activities have also
commenced in the areas where plan approvals have been granted.
The CBPA requirements of the Zoning Ordinance specify that a RPA be established adjacent to
perennial water bodies, to include connected and contiguous wetlands. The RPA shall consist of
an undisturbed 100 foot natural vegetative buffer area. On November 4, 2005 staff confirmed
that stream channels on the property had perennial flow and therefore, the limits of RPA would
extend into the project area of the parcel. The original tentative subdivision, approved in 2007
identified these areas and precluded development with respect to the requirements at that time. In
2009, under requirements of the Virginia Department of Conservation and Recreation (DCR), the
County established additional guidance for the determination of a 100 foot buffer established
adjacent to RPA wetland features as described in DCR's publication, "Resource Protection
Areas: Nontidal Wetlands". The County's guidance requires that this designation of the limits of
the RPA be applied to all applications submitted after September 23, 2009.
The applicant submitted a revised tentative application on September 1, 2011 (06TS0220) to
reduce the lot sizes in this development. As a result of this application, the applicant has
requested an exception for potential impacts to lands within designated Chesapeake Bay
Preservation Areas and downstream water bodies (Exhibit B). This means the portions of the
road network, lot improvements, structures, parking and stormwater facilities within this
development will encroach into an RPA if this request is approved. The applicant asserts that
implementation of the newer required limits of Chesapeake Bay Preservation Areas, would
require a reduction of approximately fifty-four (54) lots and also affect the current approved
layout of the road network.
3 12RW0142-MAR28-BOS-RPT
ANAT VCTC
To approve a Chesapeake Bay Preservation Act 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 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
utilities, and build on the already approved and existing plan submittals, the areas
selected for the encroachment provided the least disturbance of the vegetation while
utilizing existing encroachments and still meeting the project goals. Additionally, the
applicant has proposed modifications to buildings, lots and the road network orientation
which will reduce the existing encroachments by 0.2 acres and reduce the impervious
cover within the buffer area approved in the original tentative layout.
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 a RPA buffer area is a result of site
constraints (i.e. existing development, size of the project area, position of existing
structures, topographical features, existing permitted jurisdictional impacts), and the
applicant's desire to allow for improvements similar to that which was previously
intended as a result of the tentative subdivision approval of June 7, 2007 (06TS0220).
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 by the implementation of stormwater treatment facilities,
reduction of planned impervious buffer encroachments, and increased buffer protective
areas over that of the existing approved tentative subdivision plan conditions.
Finding 4. The exception request is not based upon conditions or circumstances that
are self-created or self-imposed.
County guidance in 2007, for determining connected and contiguous wetlands with
respect to perennial flow determinations were modified in 2009 and as a result of the new
guidance, any modifications to the previously approved tentative subdivision plan
became constrained by the additional RPA buffer area; therefore, 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.
4 12RW0142-MAR28-BOS-RPT
The applicant will employ erosion and sediment control standards during the
construction process. Enhancement and protection of the remaining buffer as well as
reduction of buffer encroachment over the previously approved tentative plan and
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 of the
proposed 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.
The existing road network, utilities configuration, existing encroachments and prior plan
approvals has resulted in a limited area in which to construct improvements outside of the
newly formed buffer area. The request is based on the applicant's wishes to modify the
approved and under review plans to reflect current market conditions reflecting the need
for smaller lot sizes. Therefore, any proposed improvement of this nature would most
likely result in an encroachment within the RPA buffer area.
The applicant addressed these findings as part of the application process. See Attachment A.
CONCLUSION
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas, which include RPAs, as shown on Exhibit B.
Implementation of the limits of the RPA results in the inability for the applicant to use this area
as originally approved through the tentative subdivision process back in 2007. By amending the
approved tentative, today's requirements would reduce the density by approximately fifty-four
(54) lots and also affect the currently approved road network. The proposed encroachment into
the 100 foot buffer would permit the impacts within an area of existing encroachments and areas
previously available for development through the recent application 06TS0220 for reduced lot
sizes. Although the proposed encroachments may impact up to 14.0 acres, of this only 6.5 acres
will result in impacts of a structural nature. The request will also result in an additional 12.2
acres of protected buffer with the dedication of 1.33 acres of forested buffer area adjacent to the
remaining RPA buffer. All mitigation measures are outlined in the document titled Major Water
Quality Impact Assessment -Iron Mill Subdivision Chesterfield, Virginia, prepared by Townes
Site Engineering; revised February 9, 2012 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 and note included in this report.
5 12RW0142-MAR28-BOS-RPT
CASE HISTORY
Board of Supervisors' Meeting (2/22/12):
On their own motion, the Board deferred this case to their March 28, 2012 public hearing.
Bermuda District Supervisor, Staff and Citizens (03/06/12):
A community meeting was held to discuss case related issues. Concerns were expressed
relative to wetland, Resource Protection Areas and drainage. It was indicated that the
applicant would review comments from the community meeting and determine if
additional meetings were necessary.
The Board of Supervisors on Wednesday, March 28, 2012 beginning at 6:30 p.m., will take
under consideration this request.
6 12RW0142-MAR28-BOS-RPT
ATTACHMENT - A
Applicant's response to the six (6) findin s~ as required by Section 19-235 (b)(1).
REQUEST FOR AN EXCEPTION TO THE REQUIREMENTS
OF THE ZONING ORDINANCE
Wilton Family Investments, LLC
Iron Mill Subdivision
5011 Ecoff Avenue
Tax ID # 784-654-3844
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 Iron Mill Subdivision 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.
The original tentative was approved for construction prior to the adoption of the 2007
CBPA/RPA requirements. Therefore, the original plan was approved with a much smaller RPA
and with no impacts to this RPA. Even without the proposed changes to the tentative plan, by the
adoption of the current CBPA regulations, the RPA increased on the subject property and the
impacts to the RPA were created. Since the proposed tentative changes will slightly decrease the
impacts to RPA while still building essentially the same subdivision plan, a further reduction of
impacts to the RPA would require changes to the site layout that would significantly alter the
layout and reduce the scope of the project beyond what would be necessary to construct a viable
project. In addition, by the approval of the proposed RPA encroachment area on the revised
tentative, the applicant is setting a construction area on a tentative plan that will limit the
flexibility of the construction plans should an unforeseen issue arise during the design phase. A
further reduction in the RPA encroachment could make the approved plan unbuildable.
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.
Granting the proposed exception shall not confer any special privileges on the applicant that are
denied by this division to other property owners. Due to the previously approved tentative, the
applicant can, by right, develop the property within the RPA as shown on the original tentative
plan. Since the current proposal results in the reduction of RPA encroachments, the applicant is
not being given a special privilege. Any other property owner who wished to revise a tentative
plan to reduce RPA impacts would be allowed to go through the same process.
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.
7 12RW0142-MAR28-BOS-RPT
Since, by right, the owner can complete the RPA encroachment as shown on the original
tentative plan, the proposed exception will actually result in a reduction of the RPA
encroachment on the property. This reduction will leave a larger area of forested buffer on the
site and will, therefore, result in the improvement of water quality.
d. The exception request is not based on conditions or circumstances that are self-created or
self-imposed.
This exception request is not self-created or self-imposed for two reasons. First, the original
tentative plan was designed without RPA impacts to meet CBPA regulations at the time of the
plan approval. This was done without knowledge of the impact the current CBPA ordinance
would have on the project. Second, the layout was designed to be the most profitable and
saleable alternative at the time of the approval. The applicant could not foresee the recent market
changes and that the proposed lot size changes would be necessary to facilitate the sale of the
first section of lots within the subdivision.
e. Reasonable and appropriate conditions are imposed, as warranted, that will ensure that the
permitted activity will not cause a degradation of water quality.
Since the approval of the requested exception will result in the decrease of the RPA
encroachment area, the approval of the exception in itself will result in the improvement of water
quality on the site. Therefore, additional conditions are not required to ensure that the permitted
activity will not degrade water quality. All other aspects of plan approval will meet the required
CBPA ordinance to ensure that all stormwater and pollutant removal requirements are met.
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.
This request is being made because a particular hardship to the owner will occur if this exception
request is not granted. If the request is not granted, the pending sale of the lots within section one
of the subdivision will not occur. If this happens, the owner will have no funding for the
continuation of the construction activities and the future of the development will be in question.
8 12RW0142-MAR28-BOS-RPT
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