14RW0143
CASE MANAGER: Scott Flanigan
January 22, 2014BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
14RW0143
6801 Woolridge Road-Moseley LP
Magnolia Green -Pine Valley & Phase 2
MatoacaMagisterial District
Northline of U.S. Route 360, south line of State Route 668 and west line of State Route 667
REQUEST:An exception to the requirements of Section 19-232 of the Zoning Ordinance as it
relates to theChesapeake Bay Preservation Act(CBPA). Specifically, the
applicant is requesting to encroachinto 5.35acresof an existing Resource
Protection Area (RPA) to perform grading for construction related to residential
lots, structures, stormwater managementfacilities, anactivity center and
associated appurtenances.
PLANNING COMMISSION RECOMMENDATION
Under the Zoning Ordinance, aCBPAexceptionrequest goes directly to the Board of
Supervisorswithout aPlanning Commission recommendation.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A.AWater Quality Impact Assessment (WQIA) hasbeen approvedby the
Environmental Engineering Department.
B.The proposed development is consistent with the Chesapeake Bay Preservation
Act.
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 constitutesthe Board’s
determination that the six (6) findings have been satisfied.
Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ »®ª·½»
CONDITIONS
1.The mitigation measures outlined in the documenttitledMagnolia Green, Phase 2
-Water Quality Impact Assessment–6801 Woolridge Road –Moseley LP,
prepared by Timmons Group;dated November 15, 2013and revised January 8,
2014shall be incorporated and implemented during the plan review process. (EE)
2.The Department of Environmental Engineering may approve alternative
mitigation measures if it is determinedthat such alternatives will not increase
impacts to the Resource Protection Area (RPA)or downstream water bodies.(EE)
3.In conjunction with the submittal of construction plans,for Pine Valley and those
portions of Magnolia GreenPhase 2as shown on RPA Buffer Exhibit Ain this
report,an additional 8.82 acres ofRiparian Preservation Area shall be maintained
in those areas identified within the subject property. The amended plat shall
depict the addition of the riparian buffer as noted in the approved WQIA. The
record plat shall bear a note:“No timbering shall be allowed in the Riparian
Preservation Area except as approved by Chesterfield County for the removal of
dead or diseased trees. Destruction or alteration of the Riparian PreservationArea,
other than those authorized by Chesterfield County, shall be prohibited. No
storage of materials, grading or construction for any structures or other
improvements shall be allowed within the Riparian PreservationArea. However,
boardwalks, wildlife management structures, observation decks and one (1)
informative sign may be placed within the Riparian PreservationArea provided
any such structure does not impede the natural movement of water and preserves
the natural contour of the ground, and is subject to prior written approval by
Chesterfield County”. (EE) (P)
4.The Environmental Engineering Department may impose a more rigorous erosion
and sediment control program than which is provided by minimum standards
found in the Virginia Erosion and Sediment Control Handbook. (EE)
5.Approval of this exception is for encroachment into the RPA buffer only and does
not guarantee development of the siteas explicitly proposed in the WQIA
referenced in Condition 1 above. Development of the site is subject to all
ordinance requirements, review processes, and/or otherrequirements currently
adopted at the time of plans review.(EE)
GENERAL INFORMATION
Location:
The Magnolia Green development site islocated north of U.S. Route 360 (Hull Street
Road), south of State Route 668 (Duval Road) and west of State Route 667 (Otterdale
Road).The project parcelsare located at 17308 Hull Street Road and 6318 Otterdale
Road which drains toBlackman Creek,a tributary ofthe Swift Creek drainage basin.The
î 14RW0143-2014JAN22-BOS-RPT
encroachment requestsarelocated on parcels,Tax IDs 701-673-9692and702-672-5351,
per attached map.
Existing Zoning:
R-9
Size:
293+/-acres
Existing LandUse:
Currently the area of the development ismostly forested having portions of the connector
road constructed and site work on sections previously approved for development.
Condition of Resource Protection Area(RPA):
The area of RPA on the subject development, approximately 60.6acres,is located along
theeastern,northern, and western boundaries of the property,adjacent to all jurisdictional
features associated with BlackmanCreek (Exhibit A). The character of the RPA consists
of relativity undisturbed mature forested buffer and wetlands.
Area of Proposed Resource Protection AreaEncroachment:
The additional RPA as a result of the request for tentative approval (14TS0106) is
approximately 12.8acres.The area of encroachment may impact approximately 5.35
acres of RPA forestedbuffer. Of this, approximately 3.93acres will be permanently
disturbed as a result ofgrading for construction related to residential lots, structures,
stormwater management facilities and other lot improvements.The remaining 1.42acres
will also be alteredduring construction but will be maintained asa natural or landscaped
area providing for rainwater infiltration and resource buffering.(Exhibit A)
REQUEST
OnNovember 15, 2013the applicant submitted a request in orderto obtain relief through the
Chesapeake Bay Preservation Act exception process administered by the Departmentof
Environmental Engineering. As a result of this submittal, the applicant has requested an
exception for potential impacts to lands within designated Chesapeake Bay Preservation Areas
and downstream water bodies (Exhibit A). This means that the site improvements can encroach
into RPA if this request is approved. (Note: The applicant proposes to clear for site layout and
perform grading and construction related to residential lots, structures, stormwater management
facilities, activity center and associated appurtenances.)The applicant asserts that
implementation of the newer required limits of Chesapeake Bay Preservation Areas, would
require a reduction in previously planned lots andfacilities,and could affect the proposed layout
of the primary road network.
í 14RW0143-2014JAN22-BOS-RPT
On December 11, 1991 the Board of Supervisors approved rezoning request Case 89SN0343
with conditional use planned development for a mix ofresidential and non-residential uses, to
include single and multifamily uses, retail and office space as well as other uses. The project
known as Magnolia Green is approximately 1,900 acres in sizeand being developed in phases.
Phase I initially receivedtentative plan approval for 652 lots on December 6, 2001(01TS0267).
The project study limits for the purpose of this WQIA and associated RPA encroachment request
is approximately 293 acres, located within the overall Phase 2 limits as identified on the Lower
Magnolia Green Conceptual Plan, and encompasses the tentative plat areas for Pine Valley and
Magnolia Green Phase 2.These two proposed tentative plats are for single-family residential
development and total approximately 253 acres; representing a portion of the overall Phase 2
limits as identified on the Lower Magnolia Green Conceptual Plan.Thedocument entitled
“Lower Magnolia Green RPA Hybrid”generally representsthe limits of the RPA with respect to
perennial flow and associated wetlands within the Magnolia Greendevelopment. This document
was acknowledgedduring tentative and site plan reviews by Environmental Engineering as
depicting the limits of the Chesapeake Bay Preservation Areas. Tentative subdivisionapprovals
were received for Magnolia Green Phase I (07TS0184) and Wynstone Park at Magnolia Green
onAugust 29, 2007and November 11, 2012 respectfully. Construction Plans have been
submitted and approved for sections A thru Kfor Phase I and Section 1 for Wynstone Park.
Westham Golf Club at Magnolia Green Phase I (08PR0142) and II (08PR0399) were submitted
in 2007and 2008 and later approved on December 5, 2007and December 3, 2008 respectfully.
Construction activities have commenced or concluded in the areas where planapprovals 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 April 16, 2007, it was determined that
the then property owner had vested rights to develop this project pursuant to the requirements in
effect prior to the adoption by the Board of Supervisors of Zoning Ordinance amendments of
November 23, 2004 relating to the CBPA with respect to site specific perennial flow
determination. As a result,the applicant developed thedocument entitled “Lower Magnolia
Green RPA Hybrid”dated May9, 2007which depictsthe RPA boundaries with respect to
existing perennial channelsand associated wetlands within the Magnolia GreenDevelopment.
This document and resulting RPA boundaries were later agreed upon in a letter from the
Department of Environmental Engineering on May 25, 2007. Subsequentplan submittals for
various Magnolia Green Development projects incorporated these limits within the projects
boundaries for approval.In all cases the plan submissions, with exception of exempt activities,
identified these areas as RPA 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 publicationtitled,
“Resource Protection Areas: Nontidal Wetlands”. The County’s policy, dated November 25,
2009et seq.,requires that this designation of the limits of the RPA be appliedto all applications
submitted after September 23, 2009.
The applicant submitted a tentative subdivision application on July15, 2013(14TS0106)for
Pine Valley at Magnolia Green.As with prior plan submittals the applicant incorporatedthe
ì 14RW0143-2014JAN22-BOS-RPT
limits of the RPA as depictedin document “Lower Magnolia Green RPA Hybrid”.As a result of
tentative submittal,onAugust 2, 2013 the applicant was informed by Environmental Engineering
that the limits as depicted in the submittal wereinconsistent with the County’s September 23,
2009 agreement with DCR and therefore would need to include RPA wetlands as defined in the
DCR’s publication noted above.
ANALYSIS
The Zoning Ordinancerequires that for the Board to approve a CBPA exception request, the oard
of Supervisors must determine thatthe 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
previously planned submittals, the areas selected for the encroachment provided the least
disturbance of the vegetation while utilizing existing encroachments and still meeting the
project goals.
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 areais a result of site constraints
(i.e. previously submitted and/or approved development plans, size of the project area,
existing road network layout,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 RPA buffer within the project area.
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 waterquality.
Staff is satisfied in that the applicant has agreed to ensurewater quality protection during
all phases of development. The project provides for water quality improvements by the
implementation of storm water treatment facilities,increased areas of RPA bufferand the
proposal of mitigation to include 8.82acres of riparian area.
Finding 4. The exception request is not based upon conditions or circumstances that
are self-created or self-imposed.
The reliance on a County agreed upondepiction of the limits of RPA, existing road
network, construction and master plans and financial decisions made in order to develop
the property given the encumbrances at the time 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
ë 14RW0143-2014JAN22-BOS-RPT
guidance available areas for the proposed improvements in this area of the development
are constrained by the RPA buffer area.
Finding 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 applicant will employ erosion and sediment control standards during the construction
process. Protection of the remaining buffer as well as reduction in buffer encroachment
and preservation of additional riparian buffer will be provided in order for the protection
of the remaining environmental resources. Proper best management practices willbe
employed to ensure treatment and proper disposal of storm water discharges as a resultof
the proposed and future development within the project area.
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 configuration, adjacent developments, and prior plan
submittals have resulted in a limited area in which to construct improvements outside of
the newly formed RPA buffer area. The request is based on the applicant’s wishes to
continue with the existing proposed plan layout which reflected the anticipated area of
development prior to the September 23, 2009 policy modificationwith respect to site–
specific refinements of the limits of the RPA. 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 A.
Implementation of limits of RPA,from the 2009 policy,results in the inability for the applicant
to use this area as originally planned and projected since 2007. Today’s requirements would
reduce lot development, impact the existing and planned road network and neighborhood
recreational facilities. The proposed encroachment into the 100 foot buffer would permit the
impacts within areaspreviously planned and available for development.
Proposed encroachments may impact up to 5.35acres,of whichless than 3.93acres may result
in impacts of a structural nature. The request will also result in an additional 8.82acres of
protected area with the dedication of forested Riparian Preservation Areaswithin the project
limits. All mitigation measures are outlined in the document titled Magnolia Green, Phase 2 -
Water Quality Impact Assessment –6801 Woolridge Road –Moseley LP,prepared by Timmons
Group; dated November 15, 2013 and revised January 8, 2014 and shall be incorporated and
implemented during the plan review process.
ê 14RW0143-2014JAN22-BOS-RPT
Staff recommends that the Board of Supervisors approve thisrequestsubject to thefive(5)
conditionsincluded in this report.
é 14RW0143-2014JAN22-BOS-RPT
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
6801 Woolridge Road-Moseley LP
Magnolia Green Development-Pine Valley & Phase 2
17308 Hull Street Road and 6318 Otterdale Road
Tax ID#s 701-673-9692 & 702-672-5351
The following discussion addresses exceptions from Section 19-235(b)(1)of the Chesterfield
County Code.Each exception is addressed for the proposed Resource Protection Area impacts.
Appendices, sections or exhibits referenced below may be found on file with the Department
Environmental Engineering.
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:
1.The requested exception is the minimum necessary to afford relief:
As depicted onthe RPA Buffer Exhibit and Tentatives, only areas for BMPs and 20’ off rear yard
parcel lines are requested to enable the required 35’ structural setback from the RPA per the Zoning
Ordinance. By installing numerous BMPs and over-mitigating the RPA encroachments by a ratio of
1.65:1, producing a net gain of 3.47acres of RPA, we are proposing an improved water quality and
quantity plan.
2.Granting the exception will not confer upon the applicant any special privileges that are
denied to other property owners who are similarly situated:
There have been similarinstances and exceptions granted throughout the county. Reference the list of
previouslyapproved Projects, compiled respective of District, date and encroachment area, in
Appendix D. Since 2007 we’ve been working with the Chesterfield County Department of
Environmental Engineering to carefully establish the RPA. This coordination effort resultedin the
development of an RPA mapping exhibit titled the “Lower Magnolia Green RPAHybrid” (the “RPA
Plan”). This RPA Plan reflected buffer boundaries that were updated tocomply with regulations to
the extent feasible without compromising the allowable densityand vested facilities for the
development. Based on the former Director of EnvironmentalEngineering’s letter dated May 25,
2007, the RPA line shown on this RPA Plan was to befollowed for the entire development without
further assessment or review. Therefore, theAugust 2, 2013 request from the Department of
Environmental Engineering to re-delineatethe RPA was a total shock and is the reason for the
exception request. ReferenceAppendix Dfor a copy of the Director of Environmental Engineering’s
letter dated May 25, 2007 andsupporting documentation.
è 14RW0143-2014JAN22-BOS-RPT
3.The exception request is in harmony with the purpose and intent of the Chesapeake Bay
Preservation requirements of the Zoning Ordinance:
The exception is in harmonywith the Zoning Ordinance because the proposed compensatory
mitigation willovercompensate for any RPA encroachments by a ratio of 1.65:1, producing a net
gain of3.49 acres of RPA. The additional RPA will enhance water quality as there will be more
preserved buffer area adjacent to and along the jurisdictional waters. Furthermore, water quality will
be addressed with numerous BMPs (approximately 25) proposed to serve Phase 2. Reference the
RPA Buffer Exhibit and the Preliminary CBPA Compliance Plan attached in Appendix C and
Appendix F, respectively.
4.The proposed exception is not based upon conditions or circumstances that are self-created or
self-imposed:
The development has been working closely with the DepartmentofEnvironmental Engineering on a
clear, accurate and valid RPA delineation since 2007 toensure full compliance with local and state
regulations and understood that the Policy wasnot applicable. On August 2, 2013, we learned
otherwise which created the need for theexception request.
5.Reasonable and appropriate conditions have been imposed that will prevent the allowed
activity from causing a degradation of water quality:
As previously mentioned, numerous BMPs (approximately 23proposed) and compensatory buffer
mitigation areas providing an additional 3.47acres of RPA will ensure no degradation. The proposed
Buffer Protection and Mitigation Measures are detailed further in Section V of this report.
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:
If the exception can’t be granted, the effectiveness and efficiency of eight (8) BMPs will be
compromised. In addition, twenty-two (22) residential lots and one (1) Activity Center will also be
compromised.
ç 14RW0143-2014JAN22-BOS-RPT
ÐÓÏÓÈ×Ø ÈÍ ÙÍÎÉÈÊÇÙÈÓÍÎ ÚÓØØÓÎÕ ÛÎØ
ÍÊ ÙÍÎÉÈÊÇÙÈÓÍÎ ÉÈÛÑÓÎÕ ÅÓÈÔÍÇÈ ÈÔ× ×ÄÌÊ×ÉÉ ÅÊÓÈÈ×Î ÙÍÎÉ×ÎÈ ÍÖ èóïïíîé õêíçì
ÛÎØ ÉÔÛÐÐ ÎÍÈ Ú× ÇÉ×Ø ÖÍÊ ÛÎà ÌÇÊÌÍÉ× ÅÔÛÈÉÍ×Æ×Ê ÓÎÙÐÇÉÓÆ× ÚÇÈ ÎÍÈèÔ×É× ÌÐÛÎÉ ÛÎØ ÛÉÉÍÙÓÛÈ×Ø ØÍÙÇÏ×ÎÈÉ ÛÊ× ÈÔ× ×ÄÙÐÇÉÓÆ× ÌÊÍÌ×ÊÈà ÍÖ èóïïíîé õêíçì ÛÎØ ÏÛà ÎÍÈ Ú× Ê×ÌÊÍØÇÙ×Ø ÓÎ ÅÔÍÐ× ÍÊ ÓÎ ÌÛÊÈ
êìû úçöö÷ê ÷äôóúóè
ïûèíûùí øóéèêóùè ùô÷éè÷êöó÷ðø ùíçîèã æóêõóîóû
çìøûè÷ø å
êìû óïìûùèé ìê÷æóíçéðã ûììêíæ÷ø êìû ì÷ê ùíçîèã ùíïï÷îèé
ïûõîíðóû õê÷÷î ìôûé÷
çìøûè÷ø å
ùíîöóêï÷ø å÷èðûîø ðóïóèé ê÷éçðèóîõ ïóîíê ïíøé èí êìû
ê÷æóéóíî ø÷éùêóìèóíîøûè÷
îûø
êå
ãà
à ïÛÕÎÍÐÓÛÝõÊ××ÎÝêìûàøåõàéÔ××Èà÷ÄÔÓÚÓÈà ù êìûóïìùØÅÕ À ìÐÍÈÈ×Ø ÍÎ
ìï À Úà éÈ×Æ× æÛÊÕÍ