Staff report for the
This staff report is prepared by the James City County Environmental Division to provide information to the Chesapeake Bay Board to assist them in making a recommendation on this assessment. It may be useful to members of the general public interested in this assessment.
Applicant: Mr. Timothy Hogan, P.E. of VHB, Inc.
Land Owner: Association for the Preservation of
Location: 1365 Colonial Parkway
Tax Map: (54-2)(1-1)
Mr. Timothy Hogan of VHB, Inc., has applied, on behalf of the Association for the Preservation of Virginia Antiquities, for an exception to the Chesapeake Bay Preservation ordinance for Resource Protection Area (RPA) impacts associated with the Jamestown Archaearium project. The project is generally located on the westernmost point of
The Jamestown Archaearium is proposed to encroach into the Resource Protection Area (RPA) by approximately 3350 square feet (0.08 acres) for a portion of the stormwater management facility, buffer restoration activities, and walkways associated with the project.
The National Park Service (NPS) and the Association for the Preservation of Virginia Antiquities (APVA) have initiated “The Jamestown Project” to jointly research, protect and present to the public the resources at
Under Section 23-11 of the new Ordinance, a water quality impact assessment must be submitted for any proposed land disturbing activity resulting from development or redevelopment within RPAs. The Association for the Preservation of Virginia Antiquities has submitted an assessment for this project. The issue before the Chesapeake Bay Board is the 1,900-square foot RPA impact (clearing and grading) associated with the construction of a portion of the stormwater management facility. The impacts to the RPA for the gravel walkway (1,450 square feet) will be handled administratively.
Water Quality Impact Assessment
The total impacts to the RPA for this project are approximately 0.08 acres and encompass the construction of a gravel walkway and stormwater management facility. The proposed stormwater management facility will be in the form of a bioretention area, a relatively new technology, designed to mimic the adjacent marshland helping to filter stormwater and decrease the stormwater pollution potential resulting from such development. Furthermore, they propose to enhance the existing RPA buffer in a 10,000-square foot area by removing debris that has collected in these areas over time, and by planting native vegetation to restore impacted areas and increase its filtering capability.
VHB, Inc., has submitted the required information as outlined in the James City County Water Quality Impact Assessment Guidelines. The Board is to determine whether or not the proposed development is consistent with the spirit and intent of the Ordinance and make a finding based upon the following criteria, as outlined in Section 23-14(c) of the Chesapeake Bay Ordinance:
- The exception request is the minimum necessary to afford relief;
- Granting the exception will not confer upon the applicant any special privileges denied by this chapter to other property owners similarly situated in the vicinity;
- The exception request will be in harmony with the purpose and intent of this chapter, and is not of substantial detriment to water quality;
- The exception request is not based on conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels; and
- Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality.
Staff finds that the WQIA and the project are consistent with the spirit and intent of the Ordinance and the criteria as outlined in Section 23-14(c). Staff recommends that the Chesapeake Bay Board approve the WQIA as it pertains to this project only. Furthermore, all recommendations listed therein are to be incorporated into the site plans for the project, which then must be approved by the Environmental Division. This exception request approval shall become null and void if construction has not begun by