Christopher M. Price, AICP Director of Planning February 7, 2014 STAFF REPORT

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1 COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia PLANNING MAIN (703) FAX (703) OFFICE Christopher M. Price, AICP Director of Planning February 7, 2014 STAFF REPORT Zoning Text Amendment #PLN , Storm Water Management Facilities (Countywide) Planning Commission Public Hearing Date: February 19, 2014 Staff Recommendation: Adoption I. Background is as follows: A. Purpose of the Zoning Ordinance Section of the Code of Virginia states that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public. B. Purpose of Amendment The proposed amendment is necessary to implement the Virginia Stormwater Management Program (VSMP) which impacts the regulations in the Zoning Ordinance and the Design and Construction Standards Manual (DCSM). Staff is proposing minor changes related to stormwater management facilities in Part 100 and Sections 250, 504, and 507 of the Zoning Ordinance to comply with the VSMP requirements. There is companion DCSM amendment #PLN , Stormwater Management, which seeks to amend provision of the DCSM in relation to the VSMP regulations. C. Proposed Remedy The proposed text amendment establishes consistency of the terms, definitions, regulations, and standards applicable to the storm water management regulations in the Zoning Ordinance and DCSM. II. Current Situation is as follows: A. Application of Current Language A stormwater management facility (SWM facility) and best management practices (BMP) are defined in Section 200 of the DCSM, but not in the Zoning Ordinance. There are regulations associated with SWM and BMP facilities in the Zoning Ordinance which are mostly referred to the specific sections in the DCSM for compliance. Defining a SWM and BMP facility in Part 100 and minor changes to Section 250, 504, and 507 of the Zoning Ordinance would establish a direct nexus between the regulations for SWM and BMP faculties in the Zoning Ordinance and DCSM. An Equal Opportunity Employer

2 February 7, 2014 Page 2 Provision Existing Proposed Definition of BMP and SWM Definition of Open Space Definition of Structure Sec Sec Sec (b) Sec SWM facility setback requirements Sec SWM facility buffer requirements Sec Permitted Uses in RPA Sec No definition is provided Stormwater management and stormwater management dry ponds Stormwater management and retention facilities are considered structures. Stormwater Management Facilities Single parcel setback requirements for principal structures in the zoning district in which they are located, and facilities serving more than one lot may overlap lot boundaries or encroach upon building setbacks. Setbacks serving more than one lot are measured from the limits of 100-year floodplain elevation. SWM facilities servicing one parcel shall not be located in the buffer area. SWM facilities serving more than one use or lot may encroach in the buffer areas. Regional stormwater management facilities are allowed in the RAP. Payment of pro rata share contribution is allowed in lieu of providing a stormawater management facility, and BMP improvements will be provided if determined by the Department of Public Works. Definition of BMP and SWM facility are proposed to comply with Virginia Stormwater Management Program (VSMP). SWM facilities, wet and dry ponds (including extended detentions) Ponds (wet and dry), and extended detention dry ponds are considered structures. Section name change to SWM and BMP Facilities SWM name change SWM and BMP facilities name change SWM and BMP facilities serving a single parcel setback requirement in the zoning district in which they are located, unless a lesser setback is required by the DCSM. Setback provisions for facilities serving more than one lot have been removed to comply with the setback requirements in the DCSM. All applicable setbacks shall be measured from the limits of100-year ponding limits to the property lines, except as identified otherwise in the DCSM. Adding the BMP facilities to the buffer requirements and replacing stormwater management with SWM facilities. SWM name change Changes include use of BMP and SWM facilities terms instead of stormwater management facilities and Best management practices. BMP improvements shall be provided if required by the DCSM. B. Zoning Text Amendment Initiated On January 8, 2013, the Board of County Supervisors initiated through Res. No a Zoning Text Amendment to comply with the Virginia storm water management regulations. See Attachment B BOCS Initiating Resolution. C. Zoning and Development Review Advisory Committee The County staff scheduled several meetings with the Committee and the Committee s recommendations have been incorporated into the proposal.

3 February 7, 2014 Page 3 D. Planning Office Recommendation The Planning Office recommends approval of Zoning Text Amendment #PLN , Storm Water Management, as proposed in Attachment A. E. Planning Commission Public Hearing A public hearing before the Planning Commission has been advertised for February 19, III. Issues in order of importance are: A. Policy Does the amendment further the purposes of the Zoning Ordinance? B. Community Input Have members of the community raised any issues? C. Legal Are there any legal implications associated with this zoning text amendment? D. Timing What are the timing considerations of the zoning text amendment? IV. Alternatives beginning with the staff recommendation are as follows: A. Recommend Adoption of Zoning Text Amendment #PLN , Storm Water Management Facilities, to the Prince William County Zoning Ordinance. 1. Policy The proposed text will further the purpose of the Zoning Ordinance and facilitate the implementation of VSMP regulations. 2. Community Input The Planning Office has not received any comments from the community as of the date of this staff report. 3. Legal The adoption of the zoning text amendment will incorporate the proposed restrictions and requirements into the Zoning Ordinance, which is enforceable by the County. Legal issues resulting from Planning Commission action would be appropriately addressed by the County Attorney s Office. 4. Timing The Planning Commission has until May 20, 2014, 90 days from the first public hearing, to take action on this proposal. A recommendation to adopt the zoning text amendment would meet the 90-day requirement. B. Do Not Recommend Adoption of Zoning Text Amendment #PLN , Storm Water Management Facilities, to the Prince William County Zoning Ordinance. 1. Policy The County will not be able to adopt the VSMP regulations, as required for all localities in Virginia. 2. Community Input The Planning Office has not received any comments from the community as of the date of this staff report.

4 February 7, 2014 Page 4 3. Legal Legal issues resulting from Planning Commission action would be appropriately addressed by the County Attorney s Office. 4. Timing The Planning Commission has until March 4, 2014, 90 days from the first public hearing, to take action on this proposal. A recommendation of denial for the zoning text amendment would meet the 90-day requirement. V. Recommendation is that the Planning Commission concurs with Alternative A and recommends adoption of Zoning Text Amendment #PLN , Storm Water Management Facilities. Staff: Sid Rahnavard, Attachments: A. Proposed Text Amendment B. BOCS Initiating Resolution

5 Attachment A Proposed Text Amendment PART 100. DEFINITIONS BMP: Best Management Practices. BMP means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. SWM facility: Stormwater Management Facility. Any storm drainage facility that is designed or otherwise intended to, or that actually does, detain or retain storm water or other surface water. When this is used in the text of this chapter, all portions of such a facility shall be considered as included. Open space: The area within the boundaries of a development that is intended to provide light, air, view and/or a quality or general appearance of openness, and is designed for scenic, recreational, privacy, or environmental purposes. In general, open space shall be available for entry on and use by the residents of the development within which the open space is located, but may include areas designed to enhance aesthetic amenities, maintain property values and buffer incompatible uses by preserving natural features and providing landscaping or screening for the benefit of such residents or residents of neighboring areas. Open space may include, but shall not be limited to, lawns; decorative plantings; walkways and trails; active and passive recreation areas, such as tot lots, including permitted principal and accessory uses; undisturbed natural areas; wooded areas; natural creeks, streams, lakes and similar water features; manmade lakes designed to be an attractive development amenity but which may be used for storm water management SWM facilities; wet and dry ponds (including extended detentions) storm water management dry ponds which are landscaped or contain existing trees; and areas where buffering, landscaping or screening are required by this chapter. Structure: Any assembly of materials forming a construction or fixture for occupancy or use on, under, or over (or any combination thereof) land or water, including (but not limited to) stadiums, tents, reviewing stands, platforms, stagings, observation towers, telecommunications towers, solar energy devices, water tanks, trestles, piers, wharfs, swimming pools, storage bins, fences, private or public utility lines and other facilities, signs, buildings, parking lots, driveways, patios, gasoline pumps and pump islands, underground storage tanks, ponds (wet and dry), and extended detention dry ponds storm water management and retention facilities. The word "structure" shall be construed as though followed by the words "or parts thereof" unless the context clearly requires a different meaning. The word "structure" shall include the word "building". Sec Stormwater Management SWM and BMP Facilities. 1. Stormwater management SWM facilities, when required by this Chapter or the Design and Construction Standards Manual, shall be permitted in any zoning district in accordance with the provisions of this section, provided that the provisions of Parts 501 and 504 permit them where and to the extent proposed. Such facilities may serve property in a different zoning district only if: Page A-1

6 Attachment A Proposed Text Amendment (a) they also serve property in the district where located or if such location is specifically approved as part of a rezoning application or special use permit approved in accordance with the requirements of Part 700 of this chapter; or (b) they serve as a regional stormwater management SWM facility, unless located in the A-1, Agricultural, zoning district, endorsed by the Department of Public Works. 2. Setback requirements. (a) SWM and BMP facilities Stormwater management facilities serving a single parcel shall be located on-site and shall meet minimum setback requirements for principal structures in the zoning district in which they are located, unless a lesser setback is required by Section 700 of the Design and Construction Standards Manual. If a road has been incorporated into the structural design of a pond and approved by the director of public works, setback shall be provided in accordance with Section 700 of the Design and Construction Standards Manual. (b) Facilities which serve more than one lot or parcel may overlap lot boundaries or encroach upon building setbacks along the common boundary lines of the lots served if appropriate easements are recorded restricting all affected parcels, and the provisions of subsection 5. below are met. (c)(b) When a facility serving more than one lot is located on a lot with no principal building, front, side and rear yards, the setback shall be determined by reference to the assigned address or as approved by the zoning administrator. (d)(c) All applicable Ssetbacks for SWM and BMP facilities serving more than one lot or parcel shall be measured from the limit of the 100-year ponding limits to the property lines, except as identified otherwise in floodplain elevation computed for the facilitysection 700 of the Design and Construction Standards Manual. 3. Buffer requirements. (a) Stormwater management SWM and BMP facilities and associated easements serving a single use or a lot shall not be located in buffer areas required by the provisions of section (b) Stormwater management SWM and BMP facilities serving more than one use or lot may encroach in the buffer areas as long as they comply with the buffer planting and setback requirements contained in the design and construction standards manual. (c) Buffer area and setback requirements shall not apply to drop inlets, feeder or discharge pipes, inlets and outfalls, or other portions of the system not directly part of the pond itself, provided such features are oriented perpendicular to the buffer. Page A-2

7 Attachment A Proposed Text Amendment 4. Stormwater management SWM and BMP facilities shall be landscaped in accordance with the requirements of the design and construction standards manual. Landscaping features shall include trees and shrubs. 5. Stormwater management SWM and BMP facilities shall be constructed concurrently with or prior to construction or occupancy of the site or sites to be served. PART 504. CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT Sec Permitted Uses. 2. Uses permitted in resource protection areas shall be limited to: (a) new or expanded waterdependent facilities as defined in section above, or (b) redevelopment in intensely developed areas and as permitted in Part 601 of this chapter provided, however, that 1) water wells, 2) passive recreation facilities such as boardwalks, trails and pathways; 3) historic preservation and archaeological activities and 4) regional SWM storm water management facilities may be permitted in the RPA so long as they comply with the design and construction standards manual. PART 507. REDEVELOPMENT OVERLAY DISTRICT Sec General Regulations and Development Standards. 3. Stormwater management and water quality. All sites shall be allowed to pay a pro rata share contribution in lieu of providing a storm water managementswm facility in accordance with the provisions contained in the Design and Construction Standards Manual. Best management practice BMP improvements shall be provided if required by the Design and Construction Standards Manual.as determined by the Department of Public Works. Page A-3

8 Attachment B BOCS Initiating Resolution Page B-1

9 Attachment B BOCS Initiating Resolution Page B-2

10 Attachment B BOCS Initiating Resolution Page B-3