16CW0133
CASE NUMBER: 16CW0133
APPLICANT: The Landing Development Corporation
CHESTERFIELD COUNTY, VIRGINIA
ANALYSIS Magisterial District: MATOACA
4724 Hidden Falls Drive
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
OCTOBER 28, 2015
BOS Time Remaining:
365 DAYS
THE LANDING DEVELOPMENT
CORPORATION MITCHELL
BODE (804-627-0000 x1454)
Case Manager:
WEEDON CLOE (804-768-7797)
REQUEST
An exception to the requirements of Section 19.1-524 of the Zoning Ordinance as it relates to the
Chesapeake Bay Preservation Act (CBPA). Specifically, the applicant is requesting to encroach into
0.04 acres of an existing Resource Protection Area (RPA) to perform grading and construction for
a community pavilion and associated appurtenances for Section 3 of the Landing at Swift Creek.
RECOMMENDATION
Under the Zoning Ordinance, a Chesapeake Bay Preservation Act
PLANNING
exception request goes directly to the Board of Supervisors without a
COMMISSION
Planning Commission recommendation.
RECOMMEND APPROVAL
Recommend approval with the four (4) conditions outlined in
STAFF
Attachment 1.
Providing a FIRST CHOICE community through excellence in public service
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Map 2: Comprehensive Plan
Classification: Suburban Residential I
The designation suggests the property is appropriate for residential use.
Map 3: Surrounding Land Uses & Development
Swift Creek
Subject Parcel
Reservoir
Woolridge Road
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ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Weedon Cloe (804-768-7797) cloew@chesterfield.gov
PROPOSAL
On August 18, 2015 the applicant submitted an application to request an exception to the
requirements of Section 19.1-524 of the Zoning Ordinance as it relates to the Chesapeake Bay
Preservation Act (CBPA). A Resource Protection Area (RPA) buffer exists on the subject
property and is approximately 1.79 acres located along the northern boundary of the parcel
adjacent to all jurisdictional features associated with Swift Creek Reservoir. The character of
the RPA buffer consists of a mature mixed hardwood forest largely comprised of canopy trees,
shrubs and groundcover vegetation. The applicant proposes to impact approximately 1,650
square feet or 0.04 acres of existing RPA for this project (Exhibit A) by encroaching into this area
with clearing and grading for the construction of a community pavilion for Section 3 of the
Landing at Swift Creek development. The 20x30 foot open design pavilion will have an
associated fire pit/gravel based seating area and will serve as an amenity to the neighborhood.
Due to site constraints related to an adjacent storm water pond, the developer finds the
proposed encroachment necessary to accommodate the construction of the pavilion. The
encroachment is located in the landward fifty (50) foot portion of the RPA within a determined
site that will require minimal grading and tree removal for construction.
The applicant asserts that implementation of the limits of Chesapeake Bay Preservation Areas
(CBPAs), which includes RPA associated with Swift Creek Reservoir would preclude the use of
the proposed impacted area for the inclusion of the proposed community pavilion. The
applicant has offered an acceptable Water Quality Impact Analysis (WQIA) that satisfactorily
meets the required six findings as prescribed by the zoning ordinance for encroachment into
the RPA (Exhibit B).
Staff recommends approval of this application subject to the four (4) conditions in Attachment
1.
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ATTACHMENT 1
CONDITIONS
1.The mitigation measures outlined in the document titled Water Quality Impact
Assessment, The Landing at Swift Creek, Section 3 prepared by Stewart/HG Engineering last
revised October 5, 2015 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
Resource Protection Area (RPA) or downstream water bodies. (EE)
3.The applicant shall maintain erosion and sediment control measures as required by the
Department of Environmental Engineering and ensure preservation of the remaining
vegetation. (EE)
4.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 above. Development of the site is subject to all ordinance requirements,
review processes, building permits and/or other requirements currently adopted at the
time of plans review. (EE)
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Exhibit A
Site layout depicting encroachment into RPA
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Exhibit B
n 19.1-527.B for exceptions to the
requirements of Sections 19.1-524 and 19.1-525 of the Chesterfield County Chesapeake Bay
Preservation Ordinance
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