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13CW0155CASE MANAGER: Scott Flanigan January 23, 2013 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 13CW0155 Chesterfield Business Partners, LLC & Kingsland Towncenter, LLC Watermark Development Dale Magisterial District West line of Iron Bridge Road at its intersection with Kingsland Glen Drive REQUEST: An exception to the requirements of Section 19-232 of the Zoning Ordinance as it relates to the Chesapeake Bay Preservation Act (CBPA). Specifically, the applicant is requesting to encroach into 4.8 acres of an existing Resource Protection Area (RPA) to perform grading and construction related to buildings, facilities, road network and associated appurtenances. PLANNING COMMISSION RECOMMENDATION Under the Zoning Ordinance, a CBPA exception request goes directly to the Board of Supervisors without a Planning Commission recommendation. STAFF RECOMMENDATION Recommend approval with the nine (9) conditions below for the following reasons: A. A Water Quality Impact Assessment (WQIA) has been approved by the Environmental Engineering Department. B. The proposed development is consistent with the CBPA. C. The six (6) findings, as required by Section 19-235 (b)(1) have been satisfied. Note: Approval of this request by the Board of Supervisors constitutes the Board's determination that the six (6) findings have been satisfied. Providing a FIRST CHOICE community through excellence in public service CONDITIONS 1. The mitigation measures outlined in the document titled Watermark Water Quality Impact Assessment Watermark Partners, LLC prepared by Koontz - Bryant, P.C.; dated November 16, 2012 and revised January 11, 2013 shall be incorporated and implemented during the plans 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. In conjunction with the submittal of construction plans for Watermark Town Homes, as shown on Exhibit A in the staff report, 8.55 acres of Riparian Preservation Area shall be maintained along the northern boundary for parcel 771-678-2064. The amended plat shall depict the addition of the riparian buffer as noted in the approved WQIA. The record plat shall bear a note: "No timbering shall be allowed in the Riparian Preservation Area except as approved by Chesterfield County for the removal of dead or diseased trees. Destruction or alteration of the Riparian Preservation Area, other than those authorized by Chesterfield County, shall be prohibited." No storage of materials, grading or construction for any structures or other improvements shall be allowed within the Riparian Preservation Area. However, boardwalks, wildlife management structures, observation decks and one (1) informative sign may be placed within the Riparian Preservation Area provided any such structure does not impede the natural movement of water and preserves the natural contour of the ground, and is subject to prior written approval by Chesterfield County. (EE & P) 4. At such time that the means of project CBPA compliance achieved by the recorded Notice of Compliance (NOC) document has been "used up" as determined by the Environmental Engineering Department, no further development can proceed without incorporating the retrofitting of the lake in accordance with the October 22, 2008 approved Watermark Regional BMP Construction plan (2008035) or comparable. (EE) 5. Prior to or concurrent with the first post-NOC project construction, Watermark Lake shall be upgraded in accordance with the October 22, 2008 approved Watermark Regional BMP Construction plan (2008035) or comparable. (EE) 6. Issuance of the land disturbance permit for the first post-NOC section of the townhome development will be pending the issuance of the land disturbance permit for the Watermark Lake improvements in accordance with the October 22, 2008 approved Watermark Regional BMP Construction plan (2008035) or comparable. Additional requirements are also included in the approval letter which shall be addressed. (EE) 2 13CWO 155-JAN23 -BOS-RPT 7. Prior to the recordation of the first post-NOC lots, all improvements to Watermark Lake will have either been approved by virtue of the standard engineering certification or bonded to be built with that section. (EE) 8. The Environmental Engineering Department may impose a more rigorous erosion and sediment control program than which is provided by minimum standards found in the Virginia Erosion and Sediment Control Handbook. (EE) 9. 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, and/or other requirements currently adopted at the time of plans review. (EE) GENERAL INFORMATION Location: The Watermark Development is located on the west side of Iron Bridge Road (Route 10) approximately one mile north of Route 288. The project parcel is located at 6732 Hill Road, which drains to Kingsland Creek, a tributary of the James River drainage basin. The encroachment request is located on parcels Tax IDs 771-676-6355, 771-678-2064 & 772-676-1473 per attached map. Existing Zonin C-3 Size: 94 +/- acres Existing Land Use: Currently the areas of the development are under construction having portions of the connector road constructed and site work on sections previously approved for development. A large portion of the interior of the property has been selectively logged in anticipation for future construction. Condition of Resource Protection Area (RPA): The area of RPA on the subject development, approximately 97.81 acres, bisects the property in two (2) areas, adjacent to all jurisdictional features associated with Kingsland Creek and Watermark Lake, formally Cosby's Lake (Exhibit A). The character of the RPA consists of relatively undisturbed mature forested buffer and wetlands. 3 13CWO 155-JAN23 -BOS-RPT Area of Proposed Resource Protection Area Encroachment: The additional RPA as a result of the request will be approximately 8.95 acres of which 2.52 acres of forested and wetland RPA will remain in a natural condition. The area of encroachment may impact approximately 6.43 acres of RPA buffer. Of this, approximately 5.43 acres contains existing encroachments as a result of logging associated with select clearing activities per the original RPA -1 limits with the remaining 1.0 acre existing as undisturbed forested areas. Of the 6.43 acres, approximately 2.31 acres will be permanently disturbed as a result of grading and construction related to buildings, facilities and other lot improvements. Exempted activities, roads and utilities include 1.63 acres. The remaining 2.49 acres will also be converted during construction but will be maintained in a natural or landscaped area providing for rainwater infiltration and resource buffering. (Exhibit A) REQUEST On November 20, 2012 the applicant submitted a request in order to obtain relief through the CBPA exception process administered by the Environmental Engineering Department Water Quality Section. As a result of this submittal, the applicant has requested an exception for potential impacts to lands within designated Chesapeake Bay Preservation Areas and downstream water bodies (Exhibit A). This means that the site improvements can encroach into RPA if this request is approved. (Note: The applicant proposes to clear for site layout and perform grading and construction related to buildings, facilities, parking, a road network and associated appurtenances.) The applicant asserts that implementation of the newer required limits of Chesapeake Bay Preservation Areas, would require a reduction in previously planned lots, facilities and could affect the current approved layout of the road network. In 2005, approximately 381 +/- acres were purchased for development. Later in 2006, Watermark Partners, LLC began the process of development on what is now know as the Watermark Development consisting of a mixture of residential and non-residential uses. On August 23, 2006 the Board of Supervisors approved rezoning request Case 06SNO237 with conditional use planned development for the Town Center to include multifamily, townhouses and community business uses. There exists a document titled RPA -1 (currently on file in Environmental Engineering) which generally represents the limits of the RPA with respect to perennial flow and associated wetlands within the Watermark development. This document was acknowledged during tentative reviews by Environmental Engineering as depicting the limits of the Chesapeake Bay Preservation Areas. Using the document RPA -1 as a guide, tentative subdivision approvals were received on October 26, 2006 for Phase I (06TS0212) and September 18, 2007 for Phase 11(07TS0408), construction plans for a connector road Kingsland Glen Phase I and II were submitted in 2007 and 2008 and later approved on November 5, 2007 and March 26, 2012 respectively. Meridian at Watermark Apartments within the Town Center also received site plan approval on February 10, 2010. Construction activities have commenced or concluded in the areas where plan approvals have been granted. The CBPA requirements of the Zoning Ordinance specify that a RPA be established adjacent to perennial water bodies, to include connected and contiguous wetlands. The RPA shall consist of 4 13CWO 155-JAN23 -BOS-RPT an undisturbed 100 foot natural vegetative buffer area. On January 8, 2006, staff confirmed that stream channels on the property had perennial flow and therefore the limits of RPA would extend into the project area of the parcel. As a result the applicant developed the document RPA - 1 dated June 14, 2006 depicting the limits of the RPA with respect to perennial flow and associated wetlands within the Watermark Development. Subsequent plan submittals for various Watermark Development projects incorporated these limits within the projects boundaries for approval. In all cases the plan submissions, with exception of exempt activities, identified these areas as RPA and precluded development with respect to the requirements at that time. In 2009, under requirements of the Virginia Department of Conservation and Recreation (DCR), the county established additional guidance for the determination of a 100 foot buffer established adjacent to RPA wetland features as described in DCR's publication, "Resource Protection Areas: Nontidal Wetlands". The county's policy requires that this designation of the limits of the RPA be applied to all applications submitted after September 23, 2009. The applicant submitted a tentative subdivision application on April 7, 2011 (11TS0206) for the townhomes section of Watermark Town Center. As with prior plan submittals the applicant incorporated the limits of the RPA as depicting in document RPA -1. As a result of tentative submittal, on April 18, 2011 the applicant was informed by Environmental Engineering that the limits as depicted in the submittal were inconsistent with the county's September 23, 2009 agreement with DCR and therefore would need to include RPA wetlands as defined in the DCR's publication noted above. ANALYSIS To approve a CBPA exception request, the Board of Supervisors must determine that the proposed development satisfies the six (6) findings, outlined below, as required by Section 19- 235 (b)(1). The following findings for granting such an exception are: Finding 1. The requested exception is the minimum necessary to afford relief. In order to provide continuity with existing improvements, namely the road network and build on previously planned submittals, the areas selected for the encroachment provided the least disturbance of the vegetation while utilizing existing encroachments and still meeting the project goals. The applicant proposes a reduction in the imperviousness footprint from earlier design layouts by a reduction in lot size and length of roadway, further reducing the need for additional encroachments into the buffer area. Finding 2. Granting the exception shall not confer any special privileges upon the applicant that are denied by this division to other property owners who are subject to its provisions and who are similarly situated. The proposed request for encroachment into RPA buffer area is a result of site constraints (i.e. previously submitted and/or approved development plans, size of the project area, existing road network layout, topographical features), and the applicant's desire to allow for improvements similar to that which was previously intended as a result of an earlier county confirmation of the RPA buffer within the project area. 5 13CWO 155-JAN23 -BOS-RPT Finding 3. The exception request is in harmony with the purpose and intent of this division and will not result in a substantial detriment to water quality. Staff is satisfied in that the applicant has agreed to address water quality protection during all phases of development. The project provides for water quality improvements by the implementation of a storm water treatment facility, reduction of planned impervious buffer encroachments and the proposal of mitigation to include 8.55 acres of riparian area as shown on Exhibit A. Finding 4. The exception request is not based upon conditions or circumstances that are self-created or self-imposed. The existing road network, construction and master plans and financial decisions made in order to develop the property given the encumbrances at the time property was purchased were established prior to the effective date, September 23, 2009 of the county's guidance for determining connected and contiguous wetlands with respect to perennial flow determinations. As a result of the guidance available areas for the proposed improvements in this area of the parcel are constrained by the RPA buffer area. Finding 5. Reasonable and appropriate conditions are imposed, as warranted, that will ensure that the permitted activity will not cause a degradation of water quality. The applicant will employ erosion and sediment control standards during the construction process. Protection of the remaining buffer as well as reduction in buffer encroachment over that previously planned and preservation of additional riparian buffer will be provided in order for the protection of the remaining environmental resources. Proper best management practices will be employed to ensure treatment and proper disposal of storm water discharges as a result the proposed and future development within the project area. Finding 6. The request is being made because of the particular physical surroundings, use, shape or topographical conditions of the specific property involved or property adjacent to or within 100 feet of the subject property, or a particular hardship to the owner will occur, as distinguished from a mere inconvenience, if the strict letter of this division is carried out. The existing road network configuration, adjacent developments and prior plan submittals have resulted in a limited area in which to construct improvements outside of the newly formed buffer area. The request is based on the applicant's wishes to continue with the existing proposed plan layout which reflected the anticipated development prior to the September 23, 2009 policy modification with respect to site—specific refinements of the limits of the RPA. Therefore, any proposed improvement of this nature would most likely result in an encroachment within the RPA buffer area. The applicant addressed these findings as part of the application process. See Attachment A. 6 13CW0155-JAN23-BOS-RPT CONCLUSION The applicant has requested an exception for potential impacts to lands within designated Chesapeake Bay Preservation Areas, which include RPAs, as shown on Exhibit A. Implementation of the 2009 limits of RPA results and the inability for the applicant to use this area as originally planned and projected since 2006. Today's requirements would reduce lot development, impact existing and already planned road network as well as neighborhood recreational facilities. The proposed encroachment into the 100 foot buffer would permit the impacts within an area of having existing encroachments as a result of logging associated with select clearing activities and areas previously planned available for development. Proposed encroachments may impact up to 4.8 acres, of which 2.31 acres will result in impacts of a structural nature. The request will also result in an additional 8.55 acres of protected area with the dedication of forested Riparian Preservation Area within the project area. All mitigation measures are outlined in the document titled Watermark Water Quality Impact Assessment Watermark Partners, LLC prepared by Koontz -Bryant, P.C.; dated November 16, 2012 and revised January 11, 2013 shall be incorporated and implemented during the plan review process. Staff recommends that the Board of Supervisors approve this request subject to the nine (9) conditions included in this report. The Board of Supervisors, on Wednesday, January 23, 2013 beginning at 6:30 p.m., will take under consideration this request. 7 13CWO 155-JAN23 -BOS-RPT ATTACHMENT — A Applicant's response to the six (6) findings as required by Section 19-235 (b)(1). REQUEST FOR AN EXCEPTION TO THE REQUIREMENTS OF THE ZONING ORDINANCE Chesterfield Business Partners, LLC & Kingsland Towncenter, LLC Watermark Development 6732 Hill Road Tax IDs 771-676-6355, 771-678-2064 & 772-676-1473 The following discussion addresses exceptions from Section 19-235 (b)(1) of the Chesterfield County Code. Each exception is addressed for the proposed Resource Protection Area impacts. Section 19-235 (b) Exceptions.. (1) Exceptions to the requirements of sections 19-232 and 19-233 may be granted, subject to the procedures set forth in 19-235(b) (2), provided that a finding is made that: 1. The requested exception is the minimum necessary to afford relief: The overall Watermark development has endeavored to honor all RPA boundaries within the subject property. In 2006, Watermark Partners, LLC began the development process with wetland and RPA delineations and approvals. The overall project RPA boundary was reviewed and approved by Chesterfield County during the Phase I Tentative process and the drawing is dated June 14, 2006. The approved RPA delineation has been the basis for the overall project master planning, density studies and resulting financing for the entire Watermark Development. On the original RPA delineation there were ±89 acres of RPA which have been avoided with only minimal exempt impacts such as road or utility crossings that were approved by Chesterfield County. The impacts currently requested are the minimum necessary to complete construction as financed and based on original approvals due to the Chesterfield County Environmental Engineering Department revised RPA policy of September 23, 2009. Revisions made within the exception area during the tentative process included swapping two single family residences to smaller footprint townhouses, removing 2-3 single family houses and shortening the road to eliminate cul-de-sac pavement and provide stub road. 2. Granting the exception will not confer upon the applicant anyspecial privileges that are denied to other property owners who are similarly situated: The entire property for the Watermark Development either had an approved Tentative Plan as was required with the single family development, or an Overall Master Plan submitted as required during initial site plan approval for Meridian at Watermark prior to the Chesterfield Environmental Engineering RPA policy adoption on September 23, 2009. The following timeline is a historical timeline of County approvals which encompass the overall layout for the Watermark Development: • RPA determination (approved with Tentative) • Phase I Tentative Plan Case No. 06TS0212 • Phase II Tentative Plan Case No. 07TSO408 dated June 14, 2006 approved October 26, 2006 approved September 18, 2007 13CWO 155-JAN23-BOS-RPT • Master Plan of Town Center (portion of Meridian) submitted September 15, 2009 approved February 10, 2010 Due to the applicants compliance with all Chesapeake Bay water quality removal requirements (including the exception area) and the additional requirements imposed on the applicant by Chesterfield County to improve Watermark Lake to treat existing off-site development, granting the proposed exception shall not confer any special privileges on the applicant that are denied to other property owners. 3. The exception request is in harmony with the purpose and intent of the Chesapeake Bay Preservation requirements of the Zoning Ordinance: The Watermark Development with the proposed encroachments is in complete harmony with the purpose and intent of the Chesapeake Bay Preservation requirements. Proposed improvements to Watermark Lake (formerly Cosby Lake) will provide additional treatment capacity for the entire ±1220 acre drainage basin and remove additional phosphorus over the current base line conditions. The impacts created by the proposed RPA encroachment have always been included within the proposed water quality treatment for Watermark due to the fact that prior to September 23, 2009, this area was not considered RPA. Additional compensation for the proposed RPA encroachment is being proposed by an additional area of the site that will be restricted by deed or covenants to the same level as an RPA buffer. The applicant's willingness to restrict additional onsite areas to compensate for RPA buffer encroachments and the commitment to treat off-site areas for water quality is in harmony with the purpose and intent of the Chesapeake Bay Preservation requirements. 4. The proposed exception is not based upon conditions or circumstances that are self-created or self-imposed: This exception request is not self-created or self-imposed. The applicant performed and submitted prior to any plans an RPA determination map referred to by the County in subsequent approvals as RPA -1 and dated June 14, 2006. Projects of this scale are typically phased projects with long term durations. This approved RPA line was used to prepare the following sets of construction plans and for master plans on zoning actions for the addition of an additional parcel. • Kingsland Glen Phase I • Kingsland Glen Phase II • Meridian at Watermark • Watermark Lake BMP • Watermark Section Al • Watermark Section A2 • Watermark Section A3 • Watermark Section B1 • Watermark Section B2 • Watermark Section B3 • Watermark Section C • Watermark Section D • Crosswinds Boulevard & Kingsland Road Re -Approved March 16, 2011 and Constructed Re -Approved March 26, 2012 Approved February 10, 2010 and Constructed Approved October 22, 2008 Approved July 23, 2008 and Constructed Approved July 23, 2008 and 75% Constructed Approved July 23, 2008 Re -approved July 13, 2009 and Constructed Approved July 25, 2008 and Constructed Approved July 25, 2008 and 90% Constructed Approved April 25, 2008 Re -Approved April 2, 2010 Approved February 13, 2009 The applicant has relied on this RPA determination for the planning construction of this multi -phase project. The applicant could not foresee future changes to RPA determination policy at the time the 13CWO 155-JAN23-BOS-RPT decision to purchase the property had to be made. The application had to rely on the information available at that time to determine possible lot densities and perform financial analysis. 5. Reasonable and appropriate conditions have been imposed that will prevent the allowed activity from causing a degradation of water quality The Watermark Development as approved includes improvements expanding the existing capacity of Watermark Lake (formerly Cosby Lake) to serve as a regional BMP for existing upstream development and the proposed project. This was agreed to as a project condition based upon the densities approved with zoning, tentative plans and master plans. The Watermark development is approximately 400 acres out of the 1200 acre watershed for which the capacity is being expanded. The proposed Watermark Lake improvements will increase the phosphorus removal and water quality treatment capacity of the lake to include the entire watershed. This increase will account for all of the proposed development and has provided removal capacity to account for any reduction in water quality treatment that would be provided by the reduced RPA buffers. The applicant is also willing and proposes to restrict other areas of the property to the same degree as RPA buffer areas as additional mitigation for encroachments into the RPA buffer. No degradation of water quality will result from this exception request. 6. The request is being made because of the particular physical surroundings, use, shape or topographical conditions of the specific property involved or property adjacent to or within 100 feet of the subject property, or a particular hardship to the owner will occur, as distinguished from a mere inconvenience, if the strict letter of this division is carried out: This request is being made because a particular hardship to the owner will occur if this exception request is not granted. Based on overall master plans required with the submittal and ultimate approval for Meridian Apartments, the road layout, internal connections, VDOT road sizing to serve the preliminary layout shown on the townhouse was prepared and submitted during the Meridian Apartment approval process. This layout and subsequent traffic generation was used in the design and approval for Kingsland Glen Phase 11 which defines the location for the second entrance to the Watermark Townhomes. During the initial zoning process, all connections to adjacent parcels were prohibited in this area of the project. The connection point as previously established on the approved Kingsland Glen Phase 11 construction plans, ties down the beginning location for a portion of the main loop road serving this area of the development. The entire layout for the residential portion of Watermark Town Center will be compromised if the loop road network changes. In addition to the physical and zoning constraints, the original financial underwriting and viability of this project was based on the approved RPA delineation for the project, prior to the County policy change as of September 23, 2009. 10 13CWO 155-JAN23 -BOS-RPT »a_m ma.c mmnw. _ 6 ) » j sway o; a m� mm= �vm�]IVM w /ao 13CW0155-1