CASE NUMBER: 16CW0166 APPLICANT: Midlothian Towne Center Apartments, LLC

Transcription

1 CASE NUMBER: 16CW0166 APPLICANT: Midlothian Towne Center Apartments, LLC CHESTERFIELD COUNTY, VIRGINIA STAFF S ANALYSIS Magisterial District: MIDLOTHIAN AND 1200 and 1300 Winterfield Road RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: JANUARY 27, 2016 BOS Time Remaining: 365 DAYS Applicant s Contact: MIDLOTHIAN TOWNE CENTER APARTMENTS, LLC Guy Blundon ( ) Case Manager: WEEDON CLOE ( ) APPLICANT S REQUEST An exception to the requirements of Section 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. PLANNING COMMISSION STAFF RECOMMENDATION Under the Zoning Ordinance, a Chesapeake Bay Preservation Act exception request goes directly to the Board of Supervisors without a Planning Commission recommendation. RECOMMEND APPROVAL Recommend approval with the four (4) conditions outlined in Attachment 1. Providing a FIRST CHOICE community through excellence in public service

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3 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 3 16CW JAN27-BOS-RPT

4 ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Weedon Cloe ( ) PROPOSAL The applicant is requesting an exception to the requirements of Section 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 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 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 CW JAN27-BOS-RPT

5 CONDITIONS ATTACHMENT 1 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) 5 16CW JAN27-BOS-RPT

6 Exhibit A A portion of the proposed site layout depicting the encroachment into the RPA (the crosshatched area) and the adjacent buffer restoration area. 6 16CW JAN27-BOS-RPT

7 Exhibit B Applicant s response to the six findings specified by Section B for exceptions to the requirements of Sections and of the Chesterfield County Chesapeake Bay Preservation Ordinance. 7 16CW JAN27-BOS-RPT

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