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
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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
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816CW0148-2015NOV18-BOS-RPT
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