16CW0166
CASE NUMBER: 16CW0166
APPLICANT: Midlothian Towne Center Apartments, LLC
CHESTERFIELD COUNTY, VIRGINIA
ANALYSIS Magisterial District: MIDLOTHIAN
1200 and 1300 Winterfield Road
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
JANUARY 27, 2016
BOS Time Remaining:
365 DAYS
MIDLOTHIAN TOWNE CENTER
APARTMENTS, LLC Guy
Blundon (804-248-2205)
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
0.4 acres of an existing Resource Protection Area (RPA) to perform grading and construction for a
twenty-four (24) unit apartment building and associated appurtenances for the proposed
Midlothian Towne Center Apartments development.
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
216CW0166-2016JAN27-BOS-RPT
Map 2: Comprehensive Plan
Classification: Midlothian Planned Transition Area
The designation suggests the property is appropriate for mixed use development
Map 3: Surrounding Land Uses & Development
Subject Parcel
Winterfield Road
Midlothian Turnpike
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ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Weedon Cloe (804-768-7797) cloew@chesterfield.gov
PROPOSAL
The applicant is requesting 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 Michaux Creek exist onsite and
encompasses a 0.404 acre portion of the subject property. The character of the RPA buffer
consists entirely of herbaceous (leafy, grass-like) vegetation and immature woody shrubs and
mixed hardwood tree saplings.
The applicant proposes to impact approximately 15,590 square feet or 0.4 acres of existing
onsite RPA for this project. The encroachment into this area is for clearing and grading related
to the construction of a twenty-four (24) unit apartment building as part of the proposed
Midlothian Towne Center Apartments development (Exhibit A). To satisfy mitigation for the
encroachment the applicant has proposed a 16,000 square foot (0.4 acres) RPA restoration on
the adjacent parcel at 1200 Winterfield Road. In addition, the applicant has agreed to the
installation of four onsite bio-filtration systems which will be engineered to offset pollutant
impacts to Michaux Creek as a result of the encroachment into the RPA. Additionally, the
applicant is providing four pet waste stations and will strategically locate the trash dumpster
pad to substantially reduce discharges to the onsite storm water system. The applicant has
further minimized the encroachment by proposing the construction of a retaining wall to allow
for minimal grading and vegetation removal to accommodate construction on the site.
The applicant asserts that implementation of the limits of Chesapeake Bay Preservation Areas
(CBPAs), which includes RPA associated with the jurisdictional features of Michaux Creek, would
preclude the use of the proposed impacted area for the inclusion of the proposed development
features. 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.
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ATTACHMENT 1
CONDITIONS
1.The mitigation measures outlined in the document titled Major Water Quality Impact
Assessment; Midlothian Towne Center Apartments prepared by Townes Site Engineering
revised January 11, 2016 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 construction/site plan review in addition to
other requirements currently adopted at the time of plans review. (EE)
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Exhibit A
A portion of the proposed site layout depicting the encroachment into the RPA (the cross-
hatched area) and the adjacent buffer restoration area.
616CW0166-2016JAN27-BOS-RPT
Exhibit B
-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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