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08RW0271February 27, 2008 BS ~~tF~EI,p ~~:, ~ a~~ ~a', ~! ~ ~ ~~ ~ti, I rY~ ry ! ~;'li ,~~~ t, -17 ~. J/i Ir~RGSI~1.P!!~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 08RW0271 Michaux Associates, L.L.C. Midlothian Magisterial District North of Midlothian Turnpike (State Route 60), East of WWII Veterans Memorial HWY (State Route 288), and Northwest of the intersection of West Winterfield Road (State Route 714) and Norfolk Southern Railroad 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, residential lots, roads, parking lots and supporting infrastructure for the proposed residential subdivision called Michaux Village -- The Village at Midlothian Town Center. Exceptions to the Resource Protection Area Regulations are permitted pursuant to Section 19-235 (b)(2) of the Ordinance. GENERAL INFORMATION Develo er: Shane J. Doran Michaux Associates, L.L.C. Location: The property is located at 1320 West Winterfield Road, which is within the Michaux Creek drainage basin. The project is located north of Midlothian Turnpike (State Route 60), East of WWII Veterans Memorial HWY (State Route 288), and Northwest of the intersection of West Winterfield Road (State Route 714) and Norfolk Southern Railroad Tax ID 725-711-4912; 725-710-4141; 725-710-6268; 725-710-0461 (Sheet 5). Providing a FIRST CHOICE community through excellence in public service Existin.~ Zoning Townhouse Residential (R-TH) with Conditional Use Planned Development (CUPD) Existing Land Use and Condition of Resource Protection Area: The project area for the proposed 147 lot residential subdivision, Michaux Village -- The Village at Midlothian Town Center, is 24.5 acres. Within the project area, improvements to the property consist of one single-family residence with one outbuilding. To the north of the site is an existing subdivision and the property to the west is a mixed use industrial development. The southern property line runs along Norfolk Southern Railroad and the eastern boundary along West Winterfield Road. The headwaters of Michaux Creek, bisects the western portion of the property. There are approximately 6.13 acres of existing RPA located on-site. The RPA buffers are in good condition consisting of mature mixed hardwood forest and a 0.27 acre forested wetland pocket which is considered connected and contiguous with Michaux Creek. Area of Proposed RPA Encroachment: The area of the encroachment for this proposed development will impact approximately 20,125 sq-ft (0.46 acres) of existing RPA. Of this,17,490 sq-ft of RPA will be converted into the proposed roads, parl~ing lots and residential buildings. The remaining 2,635 sq-ft (0.06 acres) will be temporary encroachments for the construction of a vertical retaining wall and later reverted back to a natural vegetative buffer. BACKGROUND The proposed residential subdivision Michaux Village is in The Village at Midlothian Town Center and will contain 25 single family home lots and 122 townhome lots. The applicant proposes to build a traditional neighborhood of cottage homes and townhouses creating a transition from the "new urban" setting of Midlothian Town Center to the suburban setting of the adjacent Salisbury community. The developer has requested an exception for potential impacts to lands within designated Chesapeake Bay Preservation Areas (CBPAs) and downstream water bodies. CBPAs, which include Resource Protection Areas (RPAs) and Resource Management Areas (RMAs), are present on the subject property. Those stream segments determined to have perennial flow must adhere to the county's Chesapeake Bay Preservation Ordinance (CBPO). The CBPO requirements of the Zoning Ordinance specify that a RPA buffer be established adjacent to perennial water-bodies, to include connected and contiguous wetlands, and consist 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 allow for the development of residential lots, roads, parking lots and supporting infrastructure. A water quality impact assessment (WQIA) and request for exception is required of the applicant 2 08RW0271-FEB27-BOS-RPT regarding the potential impacts to CBPAs and downstream water bodies. A discussion of both documents follows. ANAT.VCTC 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 Ordinance and the applicant satisfies 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. The applicant purchased the subject property in 2003. The Route 288 Corridor Plan zoning requirement approved the use for residential townhouse subdivision requiring the redesign and relocation of West Winterfield Road and the abandonment of Justice Road. The county's comprehensive plan had required extending Justice Road to cross Michaux Creek. The current road design removes the necessity of a creek crossing and associated encroachments. The initial site plan design proposed 148 units and two stormwater treatment facilities located adjacent to Michaux Creek. In 2006, a site specific perennial flow determination was conducted requiring that a RPA buffer be included in this area along Michaux Creek. The buffer encroachment of the original proposal was 39,204 ft2 (0.90 acres). Additional site designs that complied with the rezoning case and included the reduction of one lot were considered, reducing the buffer encroachment form original proposal to 30,491 ft2 (0.70 acres). Additional reductions came from the proposed use of an alternative stormwater treatment facility in place of traditional pond designs. The final proposed area of the encroachment will impact approximately 20,125 ft2 (0.46 acres) of existing RPA. Of this, 17,490 ft2 (0.40 acres) of RPA will be converted to the proposed roads, parking lots, and residential buildings. The remaining 2,635 ft2 (0.06 acres) will be temporary encroachments for the construction of a vertical retaining wall and converted back to a natural vegetative buffer. 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 high density residential townhouse subdivision developments will impact environmental resources. 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 (spring and wetland fed systems) in this region of the county, similar developments have had similar impacts on environmental resources. Examples of these impacts are evident in already existing developments along Route 60. 3 08RW0271-FEB27-BOS-RPT 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. The applicant has agreed to address water quality protection during all phases of development as discussed in the Water Quality Impact Assessment (WQIA) and outlined in the attached Document B. In addition to addressing specific on-site pollutant concerns, the applicant will conduct enhancement and restoration projects of the existing buffer and preserve additional riparian buffer in other areas of the project, providing long-term water quality benefits. 4. The exception request is not based upon conditions or circumstances that are self- created or self-imposed. The roadway design criteria for this type of subdivision as outlined by the Virginia Department of Transportation (VDOT) has resulted in the need for fill of approximately 8-10 feet at the west limits of the project. Subject to approval from VDOT, the roads were minimized to the greatest extent practicable and still meet the permitted slope for road construction considering the existing topography for the area. To minimize encroachments the existing plans propose a segmented block retaining wall where graded slopes would encroach into the RPA. 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 stormwater design an alternative source control measure to reduce typical stormwater pollutants found at high density residential developments. These measures are to include both structural BMPs and the construction of a block wall to include signage to reduce access and provide protection to the remaining buffer. The applicant is proposing additional water quality enhancements including mitigating projects to re-vegetate existing buffers and to set aside vegetative areas to increase stream buffer width. 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 fi^om 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 Little Tomahawk Creek Watershed. The site drains north to the James River along Michaux Creek. The existing topography of the project site contains gradual slopes and valley streams. An existing subdivision and Norfolk Southern Railroad currently border the site on two of the four sides. The remaining two sides of the site are bordered by Michaux Creek which has no current proposal for development on the land opposite the site, 4 08RW0271-FEB27-BOS-RPT and the proposed Winterfield Road realignment. Finally, moderate grading of the site must occur to meet the requirements of development and to accommodate the alignment of Winterfield Road. 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 Department of Environmental Engineering -Water Quality. The approved document Michaux Village Water Quality Impact Assessment can be found on file with the county. A complete description of the mitigation measures are on pages 7 to 9 of that document. A sl~mmary of those measures can be found in attachment Document B. RECOMMENDATIONS Staff finds that the WQIA and the project are consistent with 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, recommends approval of this request as it pertains to the exception to the CBPO for Michaux Village -the Village at Midlothian Town Center 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. 5 08RW0271-FEB27-BOS-RPT This page is blank. DOCUMENT A Applicant's response to the six (6 findin sg as required by Section 19-235 (b REQUEST FOR AN EXCEPTION TO THE REQUIREMENTS OF THE ZONING ORDINANCE Michaux Village Water Quality Impact Assessment Tax ID# 725-711-4912; 725-710-4141; 725-710-6268; 725-710-0461 (Sheet 5) 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 James Doran Company purchased the 24.95 acre tract of land in 2003 with a zoning case that approved the project on a set density of 148 units. Since then one unit has been removed yielding a total of 147 units. Throughout the design process of this project, the RPA encroachments have continually been minimized. Originally, two BMP facilities were placed within the RPA as well as portions of lots and roads. Design of this development existed prior to the site specific determination. In August of 2007, Chesterfield County Environmental Engineering designated the forested wetland reach as Resource Protection Area (RPA). This wetland reach was not included in the RPA at the time of the property purchase. Early schematic designs showed encroachments within 100 feet consisting of two BMPs which were required to be in for pollutant removal requirements. The geometry and location of the BMPs were altered to further minimize encroachments. To address the need for avoidance and minimization the Austin Sand filter system has been added and has resulted in the elimination of these encroachments. The RPA designation around the wetland reach has resulted in the proposed encroachments. Encroachments have been minimized to the greatest extent possible while fulfilling the VDOT road design criteria. Approximately 0.90 acres of encroachments were proposed. The lot layout was adjusted and road/lot encroachments were decreased thus lowering the total encroachment amount to approximately 0.70 acres. With the current design and the implementation of the Austin Sand Filter to replace the two BMP/SWM facilities, encroachments into the RPA now total 0.46 acres. The original two BMP facilities were located in the seaward and landward 50 feet of the RPA and contained large footprints. The utilization of the Austin Sand Filter removes the seaward and landward 50 feet encroachments and large footprints. This alternative design is supported by Chesterfield County Environmental Engineering based on the WQIA meeting with Mr. McElfish, Mr. Pritchard, and Mr. Flanigan (subject to review and approval of the design calculations). The final area of impacts to the RPA has been isolated to road and lot construction within the south western portion of the site. Due to the adjustment of the RPA and the designation around the forested 6 08RW0271-FEB27-BOS-RPT wetland system, encroachments into the landward and seaward 50 feet exist. Permanent impacts to the RPA will consist of road and lot construction and will amount to approximately 20,125 square feet (0.46 ac). Temporary impacts to the RPA will take place for the construction of a vertical segmented block wall. The vertical wall will require approximately 5 feet of temporary encroachment width for construction and will run a length of approximately 5271inear feet (2,635 sq-ft/0.06 ac). This temporary impact is included within the tota10.46 acres of encroachments mentioned above. Within Appendix 3, there are three layouts. The first layout shows the overall project and the areas of preservation and encroachment (with labeled quantities). The second and third layouts show a closer plan view of the encroachments along the edge of development specifically the grading along the proposed vertical retaining wall. The grading plan also shows smaller scale views of the proposed encroachments. Initial assessments of the property revealed areas for storm water management facilities to be placed within the RPA. Originally the wetland reach was not designated as RPA until 2007 when the new guidance was implemented into the county ordinance. With further research the Contech Storm Filter system was suggested and designed. Current proposals after several meetings with Chesterfield County Environmental Engineering recommends the use of the Austin sand filter to be placed just outside of the RPA in the central portion of the site immediately west of the proposed development. This allowed for further revision to the site layout and thus minimized RPA encroachments. A level spreader will be placed and used as the outlet/treatment structure for both Austin sand filters. The pipe outlet is to be located at the limit of the RPA, where it will create a sheet flow through the RPA and into Michaux Creek. This allows for further filtration of water through the natural buffer. The natural topography of the site slopes from east to west leading down to Michaux Creek. The VDOT geometric design standards and restrictions on slopes for road construction dictated the location and length of the road. The required/permitted road slope for VDOT is less than the slope of the existing topography therefore the road placement was dominated by the need to meet the current design standards. The combination of the required slopes for road construction (dictated by VDOT), existing topography, and RPA designation around the forested wetland reach restricted the option and flexibility to remove and reduce encroachments. During the zoning approval process, the Chesterfield County comprehensive plan for this specific area called for Justice Road to be extended through the middle of the site and cross Michaux Village. The client chose to preserve and protect the integrity of the stream and its riparian buffer by proposing the deletion of the Justice Road extension. At the time this was contemplated, the RPA designation did not exist on Michaux Creek. With approval of the Planning Commission and Board of Supervisors, the road extension was removed from the comprehensive plan. This led to the ability to avoid a crossing of the creek and all associated encroachments, approximately 0.32 acres (14,000 square feet). 7 08RW0271-FEB27-BOS-RPT With these revisions and adjustments to the project, encroachments in the RPA have continually been reduced thus providing the minimum encroachments necessary for development of the site. 2. Granting the exception shall not confer upon the applicant any special privileges that are denied by this division to other property owners who are subject to its provisions and who are similarly situated: The time of which the property was purchased and zoned was before the new CBLAD RPA designation guidance (released in the summer of 2007). The implementation of the new guidance (specifically around the forested wetland pocket) occurred during the design of the project therefore changes had to be made further minimize encroachments. The location of West Winterfield Road and the proposed relocation of Winterfield Rd. (as a requirement of the Chesterfield County Comprehensive Plan) helped influence and dictate the layout and orientation of the site plan. The allowed density of 148 units as a condition of the approved zoning case in tandem with VDOT road design requirements dictated the length, width, and orientation of the road network. The western portion of the site has been dedicated for preservation and areas to remain undeveloped. Due to the nature of topography consisting of Piedmont Terrain with rolling hills, buildable areas require grading. The lay of the land combined with VDOT road geometry requirements dictated the development layout specific to this site. There are four overall circumstances that lead to the exception request for encroachments. The VDOT road geometry requirements, existing topography, county requirements for the development of residential lots, and the wetland reach RPA designation all combined to create a condition in which an exception request had to be made. 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: The request complies with the general performance criteria and the requirements of the Major Water Quality Impact Assessment. The proposed development will establish an overall net improvement in the pollutant load removal with the use of the Austin sand filter and other alternative storm water treatment practices which yield a higher phosphorus removal rate to meet and exceed the Chesapeake Bay Preservation requirements. Chesapeake Bay Preservation pollutant removal standards require a removal rate of 13.21bs/year. The proposed Austin Sand Filter achieves 13.3 lbs/year of removal and the proposed preservation area on the west side of the project will provide an additional +/- 0.261bs/year of phosphorus removal. Each encroachment into the RPA on the project side (east side of Michaux Creek) will be compensated for through preservation and enhancement of the RPA on the west side of Michaux Creek. In addition, restoration areas along the edge of development will be utilized to further ensure filtration before storm water runoff reaches Michaux Creek. By utilizing vegetated stabilized slopes along the edge of 8 08RW0271-FEB27-BOS-RPT development, encroachments in these areas will be temporary until the slopes become vegetated and filtration occurs. The transition from the original two surface BMP facilities to the Contech Storm filter to at last, the Austin sand filter has eliminated RPA encroachments in association with storm water treatment (approximately 0.39 acres). Michaux Village is providing an elevated level of water quality improvement to the industrial development (which traditionally produces a higher level of pollutant loading to receiving bodies) located on the west side of Michaux Creek by providing a 30' increase to the 100' RPA buffer. More importantly the +/- 2.9 acres located outside of this 130' buffer will be left undeveloped providing further protection to water quality. The existing 100 feet of buffer on the west side of Michaux Creek removes approximately 0.850 lbs of phosphorus per year. With an additional 30 feet added to the buffer the removal rate will increase by 0.26 lbs/yr. to approximately 1.11 lbs/yr. On the east side of Michaux Creek, the existing buffer removes approximately 0.45 lbs/yr. With the proposed encroachments, the pollutant removal rate is reduced to 0.23 lbs/yr. Which will be compensated for by the 30' buffer enhancement area on the west side. The exception request is being made with an in-kind replacement of buffer on the west side of the Creek. The owner has offered a 30-foot enhancement to the 100-foot buffer on the west side of the Creek, providing a net 130-foot RPA buffer. The +/- 2.9 acres of land outside of the 30 foot buffer enhancement will remain undeveloped thus providing a buffer and protection to water quality for the industrial development along Justice Road and to the west. In addition to this, the owner is also providing reforestation areas on the east (development) side of Michaux Creek. A restoration/enhancement/preservation plan is included as part of mitigation and for replacement of the vegetation impacted as a result of the RPA encroachments. 4. The proposed exception is not based upon conditions or circumstances that are self created or self-imposed: The Virginia Department of Transportation (VDOT) design criteria (as outlined in the VDOT Geometric Design Standards) provided guidance for the design of the road network for this subdivision. Subject to approval from VDOT, the roads were minimized to the greatest extent practicable to ensure minimal RPA encroachments. As previously mentioned in finding #2, the maximum permitted slopes for VDOT road construction is less than the slope of the existing topography thus dictating the road layout. Meeting maximum required road slopes results in a required fill of approximately 8-10 feet at the west limits of the project. To avoid and further minimize RPA encroachments, the segmented block retaining walls were used where graded slopes would encroach into the RPA. 5. Reasonable and appropriate conditions have been imposed, as warranted, to ensure that the permitted activity will not cause a degradation of water quality: 9 08RW0271-FEB27-BOS-RPT This project is adhering to the Storm Water Pollution Prevention Plan (SWPPP) which is based on state standards. The two Austin sand filters are located at the edge of the RPA and do not encroach within it. To mitigate for the proposed 0.46 acres of proposed encroachments, preservation and reforestation areas have been dedicated to ensure the level of water quality will be sustained. More specifically 24,555 square feet (0.56 AC) has been dedicated for preservation and enhancement. This provides more than a 1:1 compensation for the 0.46 acres of proposed encroachments. In addition, 6,903 square feet (0.16 ac) has been dedicated for reforestation along the edge of development on the west and east side of the vertical retaining wall. Furthermore the area outside of the 30 foot dedicated preservation area will remain undeveloped and the existing vegetation will be undisturbed. The vertical retaining wall will be constructed first to ensure that a physical barrier between the remaining RPA will be protected during future phases of development. Sediment traps and super silt fence will be utilized throughout the site during construction to ensure pollutants do not enter the undisturbed RPA. The construction of the segmented block wall will be outlined with super silt fence on the west side to ensure that no sediment or pollutants will impact the RPA or wetland system. The exception request is being made with an in-kind replacement of buffer on the west side of the Creek. The owner has offered to dedicate a 30-foot enhancement to the 100-foot buffer on the west side of the Creek, providing a net 130-foot RPA buffer. The +/- 2.9 acres of land outside of the 30 foot buffer enhancement will remain undeveloped thus providing a buffer and protection to water quality for the industrial development along Justice Road and to the west. In addition to this, the owner is also providing reforestation areas on the east (development) side of Michaux Creek. During the zoning approval process, the Chesterfield County comprehensive plan for this specific area called for Justice Road to be extended through the middle of the site and cross Michaux Village. The client chose to preserve and protect the integrity of the stream and its riparian buffer by proposing the deletion of the Justice Road extension. With approval of the Planning Commission and Board of Supervisors, the road extension was removed from the comprehensive plan. This led to the ability to avoid a crossing of the creek and all associated encroachments, approximately 0.32 acres (14,000 square feet). During the first phase of construction, sediment basins will be constructed and placed throughout the site to be utilized as an erosion and control measure. Please review to Appendix I and II for the erosion and sediment control measures that will be utilized onsite. 6. The request is being made because of the particular physical surroundings, use, shape, or topographical conditions of the specific property involved or property djacent 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: A combination of five issues dictated the amount and location of the proposed RPA encroachments and they are listed below: 10 08RW0271-FEB27-BOS-RPT 1) Approved zoning case density of 148 units 2) VDOT road geometry requirements 3) Existing topography 4) Chesterfield County Environmental Engineering requirements for the development of residential lots 5) RPA designation of wetland reach (under new RPA guidance effective August 2007) These five issues had to be addressed, fulfilled, and balanced effectively to ensure that the client produced a quality product. The first issue is the permitted zoning density of 148 units which has been since then decreased to 147 units. The loss of one unit was a product of the combination of the remaining issues listed above. With the existing topography consisting of the Piedmont Terrace, grading was an immediate issue when VDOT road geometry requirements were addressed. The designation of the wetland reach (which occurred far into the design process) into the RPA produced a majority of the proposed encroachments. The combination of these five issues resulted in the proposed 0.46 acres of RPA encroachments. 11 08RW0271-FEB27-BOS-RPT 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 mitigation measures for the proposed encroachments to the RPA. These measures will provide additional stormwater treatment and water quality benefits/improvements. The remaining environmental features will be protected during construction by maintaining erosion and sediment control standards. After construction the features will be protected by increased buffers and outlet protection which creates sheet flow, promotes infiltration, reduces concentrated flows and reduces down stream erosion. The following will be included as part of the construction plans: 1. Erosion and sediment control standards of the county will be maintained during all phases of the construction process. 2. Additional riparian buffer covering 24,555 sq-ft (0.56 acres) and reforested areas covering 6,903 sq-ft (0.16 acres) will be established adjacent to the undisturbed RPA buffer. 3. Non-traditional Structural (Austin sand filter) BMP will be used onsite to treat stormwater runoff before it enters the remaining RPA buffer. 4. A segmented block wall having an average height of 6 feet tall will be located along the western edge of the proposed development and along the remaining RPA to direct runoff from the development into the stormwater treatment facility and to provide a barrier for the remaining buffer. 5. The remaining forested area 2.9 acres located opposite of the development along the west side of Michaux Creek will remain undeveloped. 6. Educational signs detailing the location of riparian buffer. 12 08RW0271-FEB27-BOS-RPT This page is blank. This page is blank. 0 N This page is blank.