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16CW0148 CASE NUMBER: 16CW0148 APPLICANT: Chesterfield County CHESTERFIELD COUNTY, VIRGINIA ADDENDUM Magisterial District: BERMUDA 421 Coxendale Road Board of Supervisors (BOS) Public Hearing Date: NOVEMBER 18, 2015 BOS Time Remaining: 365 DAYS CHESTERFIELD COUNTY PARKS AND RECREATION BRIAN GEOUGE (804-318-8720) 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 0.25 acres of an existing Resource Protection Area (RPA) to perform grading and construction for a fifteen (15) unit parking area and associated appurtenances for access to a proposed boardwalk trail within the James River marsh at Henricus Park. ADDENDUM The purpose of this addendum is to request that the Board defer this case to the December 16, 2015 meeting. Staff wishes to review additional information submitted by the applicant to support their statement of findings. 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 CONTINGENT UPON STAFF REVIEW OF STAFF ADDITIONAL INFORMATION Providing a FIRST CHOICE community through excellence in public service CASE NUMBER: 16CW0148 APPLICANT: Chesterfield County CHESTERFIELD COUNTY, VIRGINIA ANALYSIS Magisterial District: BERMUDA 421 Coxendale Road AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: NOVEMBER 18, 2015 BOS Time Remaining: 365 DAYS CHESTERFIELD COUNTY PARKS AND RECREATION BRIAN GEOUGE (804-318-8720) 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 0.25 acres of an existing Resource Protection Area (RPA) to perform grading and construction for a fifteen (15) unit parking area and associated appurtenances for access to a proposed boardwalk trail within the James River marsh at Henricus Park. 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 216CW0148-2015NOV18-BOS-RPT Map 2: Comprehensive Plan Classification: Conservation/Recreation The designation suggests the property is appropriate for county parklands use. Map 3: Surrounding Land Uses & Development James River Henricus Park Road Subject Parcel 316CW0148-2015NOV18-BOS-RPT ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Weedon Cloe (804-768-7797) cloew@chesterfield.gov PROPOSAL On September 17, 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 associated with all jurisdictional features of the James River is 33.9 acres and encompasses the entirety of the subject property. The character of the RPA buffer in the project area consists of small (1- diameter) hardwood trees, dense shrubs and groundcover vegetation. The applicant proposes to impact approximately 10,890 square feet or 0.25 acres of existing RPA along Henricus Park Road for the construction of a 15 unit parking area and associated appurtenances for access to a proposed boardwalk trail within the James River marsh at Henricus Park (Exhibit A). A 152 X 30 parking area consisting of 15 parking spaces will be constructed of pervious pavers to allow stormwater to percolate through the parking area on site. Additionally, polyvinyl chloride (PVC) underdrains discharging through a retaining wall along the northern bank to a gravel diaphragm will help prevent downslope scour and erosion. The entire parcel is located in the RPA, which requires the approval of this encroachment to accommodate the construction of the parking area. The applicant has minimized the encroachment by keeping the parking area located adjacent to an existing road. This 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 James River would preclude the use of the proposed impacted area for the inclusion of the proposed parking area. Consequently, the applicant requests an exception to the requirements of Section 19.1-524 of the Zoning Ordinance as it relates to the Chesapeake Bay Preservation Act (CBPA). 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 subject to the four (4) conditions in Attachment 1. 416CW0148-2015NOV18-BOS-RPT ATTACHMENT 1 CONDITIONS 1.The mitigation measures outlined in the document titled Water Quality Impact Assessment, Dutch Gap Henricus Parking and Boardwalk prepared by Austin Brockenbrough and Associates, LLP last revised October 16, 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) 516CW0148-2015NOV18-BOS-RPT Exhibit A Site layout depicting encroachment into RPA. Note the entirety of Henricus Park is encompassed within the RPA of the James River. 616CW0148-2015NOV18-BOS-RPT Exhibit B x findings specified by Section 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 716CW0148-2015NOV18-BOS-RPT 816CW0148-2015NOV18-BOS-RPT 916CW0148-2015NOV18-BOS-RPT