06CW0430-June26July 26, 2006 BOS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
06CW0430
Zaremba Metropolitan Midlothian, L.L.C.
Midlothian Magisterial District
North of Midlothian Turnpike (State Route 60), and
South of WWII Veterans Memorial HWY (State Route 288)
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 (RPA) as a result of
grading to create buildable areas, roads, parking lots and supporting infrastructure
for the proposed lifestyle center project -- Westchester Commons at Watkins
Centre. The proposed project complies with the Route 288 Corridor Plan and the
rezoning case 06SN0191 approved by the Board on February 22, 2006.
Exceptions to the Resource Protection Area Regulations are permitted pursuant to
Section 19-235 (b)(2) of the Ordinance.
GENERAL INFORMATION
Developer:
Jeffrey Broderick & Wayne Barber
Zaremba Metropolitan Midlothian, LLC
Location:
The property is located at 15319 Midlothian Turnpike, which is within the Michaux
Creek drainage basin, specifically; the project is generally located north of Midlothian
Turnpike (State Route 60), and South of WWII Veterans Memorial HWY (State Route
288). Tax ID 717-708-Part of 5080 (Sheet 5).
Providing a FIRST CHOICE community through excellence in public service
Existing Zonin :
I-2 with Conditional Use Planned Development (CUPD)
Existing Land Use and Condition of Resource Protection Area:
The project area for the proposed lifestyle center, Westchester Commons at Watkins
Centre, is approximately 140 acres. Within the project area, improvements to the
property consist of one (1) single-family residence with two (2) outbuildings. The
northern portion of the property consists of mixed hardwood forest. The southern portion
of the property has been used for nursery plant production. Surrounding parcels are
currently residential, farmland and wooded.
There are approximately 11.43 acres of existing RPA located on —site. The majority of
the area within the RPA consists of mature hardwood forest. The mature trees are spaced
as they would be in an undisturbed forest with understory growth consisting of immature
trees and low-lying shrubs. Approximately 3.7 acres adjacent to Route 288 on the
property's northern boundary will remain and be protected during and after construction.
Area of Proposed RPA Encroachment:
The area of the encroachment for this proposed development will impact approximately
7.73 acres of existing RPA. Of this, 7.73 acres of RPA will be converted to the proposed
roads, parking lots, and buildings. The remaining 0.59 acres will become open space,
parking islands, or landscaped areas.
BACKGROUND
The proposed life-style center is part of the Watkins Centre development, located along
Midlothian Turnpike and Route 288, designated as part of the regional employment center in the
Route 288 Corridor Plan. The project will create a commercial development that differs from a
typical "strip" mall. The applicant proposes to develop the 140-acre parcel to include high -end
retail, restaurants, entertainment options, and neighborhood and business services. The design of
the project will include an open-air configuration defined by plazas and common areas with an
internal focus oriented away from Midlothian Turnpike.
A perennial stream determination concluded that the stream originating on the parcel contains
perennial flow. Those stream segments determined to have perennial flow must adhere to the
county's Chesapeake Bay Preservation Ordinance (CBPO). Accordingly, the CBPO
requirements of the Zoning Ordinance specify that a Resource Protection Area (RPA) buffer be
established adjacent to the creek consisting of an undisturbed 100-foot natural vegetative area.
In order to meet the zoning, development and site requirements, the applicant has requested an
encroachment into the 100-foot RPA buffer to permit the development of the life-style center and
necessary infrastructure.
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As part of this request, the applicant has submitted, as required for review, an application for
exception and a Water Quality Impact Assessment (WQIA). A discussion of both documents
follows.
AN A T .YfiTfi
A. To approve a Chesapeake Bay Preservation Ordinance (CBPO) exception request, the Board
of Supervisors must determine whether the proposed development is consistent with the spirit
and intent of the Ordinance and make a finding based upon the applicant's ability to
adequately addressed the six (6) findings, outlined below, as required by Section 19-235
(b)(1).
The Applicant addressed these findings as part of the application process. The Applicant
position can be found attachment Document A.
1. The requested exception is the minimum necessary to afford relief.
Staff believes that this requirement has been satisfied. There are currently a number of
zoning and development requirements for the proposed retail lifestyle center project. To
meet these requirements, a project of this nature requires adequate acreage to support several
large retail anchors, dining, and entertainment spaces and associated roadways, parking lots
and infrastructure. Several different site designs that complied with the rezoning case were
considered. Due to the substantial clearing and grading of the proposed project, all of the
options had varying degrees of impact on the environmental resources within the project
area. The applicant selected a design that would minimize the project encroachment and
provide protection to the 3.7 acres of remaining RPA in the project area.
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.
Most large-scale commercial mixed -use developments will impact environmental resources
such as streams and wetlands. The appropriate and necessary steps must be taken to
minimize and mitigate for these impacts. Due to the natural topography (high river terrace)
and stream geomorphology in this region of the county, similar developments of this nature
would have similar impacts on environmental resources. Examples of these impacts are
evident in many of the already existing developments along Route 60.
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 believes that this requirement has been satisfied in that the applicant has agreed to
address water quality protection during all phases of development. In addition to addressing
specific on -site pollutant concerns, the applicant will conduct enhancement and restoration
projects that will provide long-term water quality improvements.
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4. The exception request is not based upon conditions or circumstances that are self-
created or self-imposed.
The proposed exception is requested to comply with the Route 288 Corridor Plan and the
textural statement of the approved rezoning case 06SNo 191. The retail lifestyle center
portion of the regional employment center development must be orientated away from Route
60 to create an internal focus and to avoid typical "strip commercial" characteristics. To
meet the textual statement requirements of the rezoning case, a "main street" has been
designed for the central portion of the site that is a minimum of 300,000 square feet and
incorporates a public gathering area, three restaurants and a cinema. Redesign of the plan
would result in the inability to meet the development requirements.
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 proposed development will meet current CBPO pollutant removal requirements for
phosphorus and exceed the minimum standards for Erosion and Sediment Controls. The
applicant is proposing to incorporate into the site design multiple stormwater source control
measures to reduce typical pollutants found at retail center developments. These measures
are to include both structural BMPs for targeted pollutants and non-structural BMPs (i.e.
education programs). In addition to these control measures, the applicant is proposing
additional water quality enhancements to include other mitigating projects such as re -
vegetation to increase stream buffer width and reduce impervious surface, and off -site stream
restoration projects.
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 proposed project site is located along the ridgeline between the Michaux Creek
Watershed and the Tomahawk Creek Watershed. The majority of the site drains north to the
James River along Michaux Creek. The existing topography of the project site contains
steep slopes and valley streams. Routes 288 and 60 currently border the site on two of the
three sides. The remaining side of the site will be bordered by the future Watkins Centre
Parkway. Given the current physical characteristics, significant grading of the area must
occur to meet the requirements of development.
B. A Water Quality Impact Assessment (WQIA) required pursuant to Section 19-232 (e)
prepared by the applicant has been submitted to and approved by the Office Water Quality.
The approved document Westchester Commons at Watkins Centre can be found on file with
the county. A complete description of the mitigation measures is presented on pages 14 to 16
of this document. A summary of those measures can be found in attachment Document B.
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RECOMMENDATIONS
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 19-235 (b)(1) of the Chesterfield County Code
for the Board of Supervisors to consider Chesapeake Bay Preservation Ordinance (CBPO)
exception requests. Staff, therefore, recommends approval of this request as it pertains to the
Westchester Commons at Watkins Centre project only. Furthermore, all other recommendations
listed therein shall be incorporated into the site plans for the project, which must then receive
final approval by Environmental Engineering. Any changes to the Plan of Development that
would cause any deviation from the items listed in the WQIA, either in the form of increased
impacts to components of the RPA or omissions of mitigation requirements from the submitted
Plan of Development must be reviewed and approved by the Chesterfield County Board of
Supervisors.
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DOCUMENT 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
Westchester Commons at Watkins Centre
Tax ID# 717-708-part of 5080
A. Provide the justification for the proposed exception and a discussion of how each of the
following findings are met:
1. The requested exception is the minimum necessary to afford relief.
The requested exception is the minimum necessary to afford relief based on an analysis of
specific selection criteria used to identify an appropriate location for a regional employment
center with a supporting retail lifestyle center. The proposed development conforms to the Route
288 Corridor Plan which suggests that a lifestyle/entertainment center is appropriate at the
northwest quadrant of the Route 288/Midlothian Turnpike interchange. In an alternatives
analysis prepared for the subject development by Williamsburg Environmental Group, Inc., the
selection criteria for a successful regional employment center included the following:
Growth areas of Chesterfield County
Potential growth regions and infrastructure needed were identified in the Chesterfield County
Comprehensive Plan. The most projected growth is located in the Upper Swift Creek region
including the Midlothian and Spring Run areas. The proposed development is located in the
northwest quadrant of the Route 288/Midlothian Turnpike interchange and subsequently the
Midlothian area. The Midlothian area is listed in the Comprehensive Plan for future growth
with includes the Route 288 Corridor Plan. Growth in this area is expected to increase at an
annual rate of over 9%through the year 2010.
Access to major interchange and existing transportation infrastructure
Locating a retail development next to a regional employment center along a major highway
and a thoroughfare road provides convenient shopping, visibility, and potential draw of cars
traveling through the area. Route 288 provides an ideal interchange with potential direct
access and transportation infrastructure available for the development includes Route 60 and
the proposed Watkins Centre Parkway.
Access to existing utility infrastructure
The county gave planned growth areas priority when allocating funds to provide public
utilities. The need for appropriate infrastructure eliminated the southwestern region of the
County as a potential location for the proposed regional employment center. The Route
288/Midlothian Turnpike interchange has adequate access to existing utility infrastructure.
Water, sewer, gas, cable and telephone utility providers have confirmed that capacities are
adequate to service the proposed development.
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Appropriately sized parcel
A retail lifestyle center that is part of a regional employment center has to have adequate
acreage to support various large retail anchors, dining, entertainment, parking, loading areas,
open space, access roads, and stormwater management facilities. The alternatives analysis
determined a minimum of 150 acres was appropriate. The Route 2881Midlothian Turnpike
interchange has appropriate surrounding parcels that could support a minimum of 500 acres
for a regional employment center and 150 acres for a retail center.
Reduced or no existing competition
The minimum distance established to allow the County to retain their tax base with existing
merchants in other retail areas was four miles. Currently there is very little existing
competition from other retailers at the Route 288lMidlothian Turnpike interchange and no
high -end retail competition nearby. The proposed retail lifestyle center is four miles from
Chesterfield Town Center, nine miles from Commonwealth Center and 11 Miles from Stony
Point Fashion Park.
Household income base adequate to support a lifestyle center
The regional employment center is intended to attract companies that employ personnel with
higher than average household incomes and large disposable incomes. The supporting retail
lifestyle center development is planning to offer high -end shopping opportunities. Recent
growth in the Midlothian area has included a large number of higher -income households who
often leave Chesterfield County for the upscale shopping opportunities available in Henrico
County and the City of Richmond.
Limited environmental constraints
Environmental constraints including threatened and endangered species, historical resources,
wetlands, and stream channels were evaluated and the potential impact of a regional
employment center was considered. The proposed retail lifestyle development has a few
selected areas that pose environmental challenges but less environmental constraints than
other parcels available. The environmental constraints for the proposed development where
evaluated when designing the layout of the development to minimize impacts where possible.
In addition to the location selection, an onsite alternatives analysis was completed to review all
potential layouts. The proposed layout of the lifestyle center was designed to protect a section of
the RPA that will remain in place. Retaining walls and reforestation plantings have been
designed to avoid impacts to the portion of the RPA that will remain.
2. Granting the exception will not confer upon the applicant any special privileges that are denied
to other property owners who are similarly situated.
The requested exception is a result of the existing conditions and topography of the site and the
financial feasibility of developing a site that would be supported by lending companies. If the
retail lifestyle center was removed from the regional employment center then other sites may be
available although this would eliminate a vital component of the regional employment center.
Nineteen interchanges were considered for the proposed retail lifestyle center and summarized in
the Joint Permit Application alternatives analysis prepared by Williamsburg Environmental
Group, Inc. The site selection criteria are the same as those considered for selecting a suitable
7 06CW0430JULY26-BOS
location for the regional employment center. The selected Route 288/Midlothian Turnpike
interchange had less environmental constraints than the remaining alternative interchanges.
The four quadrants of the Route 2881Midlothian Turnpike interchange were evaluated for
suitability for a retail lifestyle center. Locating the retail lifestyle center as proposed allows for
greater avoidance and minimization of jurisdictional areas than situating an office space or other
portions of the overall development in the chosen quadrant. The location also reduces impacts
from the overall regional employment center.
Several alternative layouts were evaluated in an effort to design a retail lifestyle center that
conforms to the textural statements of the approved zoning case with the least environmental
damage. Many aspects of the design were considered including land design, stormwater design,
construction sequencing and implementation. The proposed layout offers avoidance and
minimization of impacts to the RPA while constructing a financially feasible retail lifestyle
center that would be supported by lending companies.
3. The exception request is in harmony with the purpose and intent of the Chesapeake Bay
Preservation requirements of the Zoning Ordinance.
The request complies with the general performance criteria and the requirements of a Major
Water Quality Impact Assessment. The proposed development will establish an overall net
improvement in the pollutant load removal with the use of Low Impact Development practices
which yield a higher phosphorous removal rate in addition to the planned stormwater BMP to
meet Chesapeake Bay Preservation removal requirements. A restoration plan is included to
replace the vegetation that will be removed from the RPA. Several non -point source pollution
practices are planned for this development including educational signs for the bioretention and
manufactured BMPs onsite, storm drain markers, signs at dumpsters and roof HVAC systems
detailing disposal regulations, and trash maintenance. These practices will provide treatment for
nutrients as well as additional typical pollutants found at a retail lifestyle center including oils
and greases, trash, and other floatable debris. Stream mitigation projects in Chesterfield County
are being evaluated for potential mitigation. The intermittent and perennial tributaries of
Michaux Creek located downstream of the proposed development will be restored and replanted
for additional water quality benefit.
4. The proposed exception is not based upon conditions or circumstances that are self-created or
self-imposed.
The proposed exception is requested to comply with the Route 288 Corridor Plan and the textural
statement of the approved rezoning case 06SN0191. The retail lifestyle center portion of the
regional employment center development must be orientated away from Route 50 to create an
internal focus and to avoid typical "strip commercial" characteristics. To meet the Textual
Statement requirements of the rezoning case, a "main street" has been designed for the central
portion of the site that is a minimum of 300,000 square feet and incorporates a public gathering
area, three restaurants and a cinema. Redesign of the plan would result in the inability to meet
the development requirements.
S. Reasonable and appropriate conditions have been imposed that will prevent the allowed
activity from causing a degradation of water quality.
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The water quality will be protected during and after construction with the use of erosion control
designs that are above the minimum standards required as well as pollutant treatment practices
that will be incorporated into the site.
In addition to the required nutrient treatment to comply with the Chesapeake Bay Program,
several Low Impact Development practices are proposed to improve the pollutant load removal
typical of a retail lifestyle center. The practices proposed on site will mitigate several non -point
source pollutants including oil and grease, trash, and floatables.
The RPA that will remain onsite will be protected during construction with erosion control
measures. The erosion and sediment control narrative is designed to provide additional controls
above the Virginia Erosion and Sediment Control requirements. The erosion and sediment
control sequence will be multi -phased to provide measures of protection for the perennial stream
and RPA as the project progresses and seasons and rainfall potential vary.
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 physical characteristics and conditions of the location require modification to the
topography to provide adequate buildable area while minimizing environmental impacts. The
development must be orientated away from Route 60 to create an internal focus and to avoid
typical "strip commercial" characteristics. To meet the Textual Statement requirements of the
rezoning case, a "main street" has been designed for the central portion of the site that is a
minimum of 300,000 square feet and incorporates a public gathering area, three restaurants and a
cinema. The existing topography of the site includes steep slopes on the northern wooded
portions. Significant re -grading is required to support a safe design of the "main street" and
center access from Watkins Centre Parkway to Route 288 and Midlothian Turnpike with the
VDOT approved maximum elevation transition.
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DOCUMENT B
The outline below summarizes those measures submitted as part of the WQIA for the mitigation
of the encroachment and water quality improvement.
The following is a list of measures to provide mitigation for the proposed encroachments to the
RPA. These measures, both structural and non-structural BMPs, will provide additional
stormwater (non -point source) treatment and water quality improvements. In addition, the
remaining environmental features will be protected both during construction, by maintaining
erosion and sediment control standards, and after construction, by increased buffers and
preventing down stream erosion.
The following will be implemented into the site Plan of Development:
1. Erosion and sediment control standards of the county will be maintained during all phases of
the construction process. The phased approach will consist of eight tasks, which are outlined
on pages 7 to 13 of the WQIA, providing additional protection for undisturbed environmental
resources during construction.
2. Reforested Areas covering 8.13 acres will be established adjacent to the undisturbed RPA
buffer to increase natural infiltration, which acts as an additional environmental resource
protection measure and stormwater treatment.
3. Structural BMPs will be used onsite to pre -treat any non -point source pollution before it
enters the undisturbed RPA. Hot spot pollution sources, including dumpsters, truck bays,
and trash will also be addressed.
The following are additional mitigation measures to be put in place after construction to help to
improve water quality and reduce stormwater contamination with respect to controls for the
specific development:
4. Education Materials:
Educational signs illustrating and describing the benefits of the RPA and
describing the treatment technology.
• Development of a stormwater management information manual specific to
onsite BMPs and program controls.
• The shopping center website will include a page that details onsite
stormwater management practices. The web page will also include
information on how the onsite stormwater management practices improve the
water quality of the James River as well as links to EPA and DEQ
environmental education websites.
■ onsite storm drains will be labeled informing the public not to dump
pollutants into the storm sewer system.
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5. Good Housekeeping Materials:
• S i gnage in English and Spanish will be placed on dumpsters and the back
doors of all buildings and retail freight entrances detailing what is permitted
and not permitted in dumpsters;
• Signs written in English and Spanish will be placed near all rooftop HVAC
units.
• Oversized dumpsters will be provided at all restaurant locations.
• Trash receptacles will be placed near building entrances with cigarette
receptacles included at the cinema.
• The property management will use environmentally friendly practices for
landscape maintenance.
• The property management will implement a litter control program including
weekly inspections of all dumpsters and trash receptacles.
• A maintenance manual will be developed for the stormwater treatment
systems.
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