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05TW0387-June22.pdfJune 22, 2005 BOS STAFF'S REQUEST ANALYSIS RECOMMENDATION 05TW0387 Theodore Balsamo Southern Century, LLC Matoaca Magisterial District South Line of Genito Road and adjacent of Clover Hill Athletic Complex REQUEST: Board of Supervisors approval of an exception to the requirements of Section 19- 232 of the Chesapeake Bay Preservation Ordinance relating to Resource Protection Area regulations. Specifically, the applicant is requesting an exception to encroach into the Resource Protection Area to allow several residences and a road. Exceptions to the Resource Protection Area Regulations are permitted pursuant to Section 19-235 (b)(2). RECOMMENDATION Staff recommends approval of the request for the following reasons: The applicant has adequately addressed the six (6) findings required by Section 19-235 (b)(1) for the Board of Supervisors to consider Chesapeake Bay Preservation Ordinance exception requests. A Water Quality Impact Assessment required pursuant to Section 19-232 (e) prepared by the applicant has been submitted to and approved by the Office Water Quality. GENERAL INFORMATION Developer: Theodore Balsamo Southern Century, LLC Providing a FIRST CHOICE community through excellence in public service Location: The project is located off south line of Genito Road and adjacent to Clover Hill Athletic Complex. Tax ID 699-689-9908, 701-689-2601, 701-689-3491 (sheets 4-5) Existing Zoning: R-12 Land Use and Condition of Resource Protection Area: The parcel contains a mobile home and several agricultural structures. The parcel has not been actively farmed for many years. Vegetation on the site is made largely of overgrown fields containing native grasses. The prior landowner has significantly cleared the Resource Protection Area along Otterdale Branch, the property's southern border. The Resource Protection Area adjacent to the largest pond on the property has also been previously cleared. There are some parts of the Resource Protection Area north of the pond that have been left undisturbed. Area of Proposed Encroachment: The total area of the proposed encroachment includes 68,138 square feet, or 1.564 acres. The encroachment equals approximately 11% of the total Resource Protection Area. Seventy-eight percent of the encroachment area is made up of areas that have been previously cleared in conjunction with the property's prior use as a farm. The remaining 22% currently wooded. BACKGROUND At its August 25, 2004 meeting, the Board of Supervisors approved the rezoning of the subject parcel from Agricultural (A) to Residential (R-12) to permit a maximum of 215 dwellings on 114.5 acres. In November of 2004, the Board adopted amendments to the county's Chesapeake Bay Preservation Ordinance requiring that field assessments be performed to determine whether streams on properties going through an approval process have perennial flow. Office of Water Quality staff performed such an investigation on the Balsamo parcel and found streams containing perennial flow. Accordingly, the Chesapeake Bay Preservation Area requirements of the Zoning Ordinance specify that a Resource Protection Area buffer be established adjacent to the creek. The applicant has requested an encroachment into the landward 50-feet of the 100- foot RPA buffer to permit several houses and part of one of the subdivision roads. Staff feels that this request is justified in that the area in which the encroachments would take place is currently made up of deforested fields that were previously farmed. The buffer, therefore, is not currently serving a significant pollutant removal function. Further, the applicant has proposed, as part of the exception request, to reforest the existing RPA buffer along Otterdale Branch. Staff has monitoring that creek and determined that it has good water quality. By reforesting the 2 05TW0387-June22-BOS area surrounding the creek, its overall good health should be maintained. In addition to the restoration of the Otterdale Branch RPA, the applicant has proposed ten additional measures to reduce potential impacts to the water quality. Those measures are outlined below. Staff feels that the Water Quality Impact Assessment prepared by the applicant demonstrates that no adverse impacts to water quality will occur as a result of the proposed encroachment. CONCLUSIONS Staff recommends approval of this request. Measures to Reduce the Impact of the Encroachments on Water Quality The following is a list of measures to provide additional mitigation for the proposed encroachments to the Resource Protection Area. These measures will provide additional water quality treatment and improvements as well as enhancement and maintain the current environmental features. 1. The placement of signs demarking the location of all RPA and wetland areas 2. The protection of existing wetland areas and the area where forest succession has started 3. The inclusion of language in the homeowners' association restrictive covenants prohibiting any disturbance of wetlands and RPAs 4. The initiation of a homeowners' education program, working with the Chesterfield County Office of Water Quality 5. The incorporation of integrated pest management and nutrient management into any property management plans developed for the subdivision 6. The three existing ponds will remain; the two large ponds will be certified and upgraded as necessary to serve as BMP's 7. Residential and storm water runoff will be diverted by a curb and gutter system and initially enter the ponds (larger two only) by storm water outfalls on the south end; the ponds will have an aeration fountain to regulate water temperature and dissolved oxygen content 8. Storm water free-flow over roads from flood events will be diverted by the storm water management system; the system will also compensate for the proposed RPA encroachment 9. A majority of the encroachments will occur in an area that will drain to an existing pond which has the capacity to remove 29.67 lbs/yr of phosphorous and other pollutants from storm water runoff 10. In addition to the three existing ponds, temporary sediment basins will be incorporated that will achieve a removal rate of 0.22 lbs/year/acre of phosphorous; these facilities will remain in place until the Otterdale Branch Regional BMP is built 3 05TW0387-June22-BOS Parcel Map of Chesterfield County Chesterfield County assumes no l~gal responsibility for th~ informatim~ c. ontainod on this map. This map is not to be used for land conveyance. The horizontal data is basod o~ the VA Sta~ Plane Coordinat~ sysl~m, NAD 1983. The ~opographic informatioa is basod oo 1989 photogrammolry and NAVD29. Aorial imag~y was takea in F~bmary 2002. 0 200400 800 -- -- Fe~-t I~ir~ RPA Giover I-il Parcel Map of Chesterfield County Chcst~rfi©ld County assumes no l~al responsibility for the information co~tained on this map. This map is not to bo used for land conveyance. Thc horizontal dam is based on thc VA State Plane Coordinate system, NAD 1983. Tho topographic informati~m is based on 1989 pho~ogrammo~j and NAVD29. Aorial imasery was taken in Fobmary 2002. 0 200 400 800 I Feet N New RPA qew RPA Existing RPA Homer Park[ Clover Hill Athletic Complex OS-/'WO ,,,