Agenda - 12-15-2020; 5-b - Zoning Atlas Amendment - Master Plan Development Conditional Zoning District (MPD-CZ) for Efland Station (formerly Beaver Crossing)

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11 Erosion Control/Stormwater Regulations: The applicant has indicated the project will abide by existing stormwater, Section 6.14, and erosion control, Section 6.15, regulations of the UDO. STAFF COMMENT. There have been numerous public comment(s) made over stormwater runoff impacting adjacent parcels, including the County's Severn Mile Creek Preserve. Staff has also heard complaint(s) from local residents over the Project negatively impacting water quality. The County has nutrient reduction strategies addressing water quality issues consistent with State regulations. Typically these strategies are achieved with the installation/management of stormwater control measures (SCMs). State rules allow developers to pay `offset fees' to aid in meeting these regulations. These fees are part of a `nutrient trading program' allowed under State rules to fund riparian restoration/enhancement projects constructed elsewhere within the watershed. The goal is to promote overall watershed health and compliance with applicable nutrient reduction strategies. Currently, the predominant strategy utilized in the State is the restoration and/or enhancement of riparian forested buffers on agricultural lands. The concern is use of offset payment methods will not address potential impacts to adjacent water features (i.e. streams, wetlands, etc.). While the overall health of the watershed may be `protected', the quality of local waterways could still be negatively impacted. It has been suggested by both staff and local residents the applicant be required to either: • Abide by nutrient reduction strategies as detailed in Section 6.14.7 of the UDO without participation in the State recognized offsite mitigation program; or • Any off-site mitigation has to occur in Orange County near the Property to ensure preservation of local water quality. Staff is supportive of imposing either as a condition. Solid Waste: The applicant has indicated development within the project shall abide by the Orange County Solid Waste Management Ordinance. Land Use Buffers/Setbacks: The applicant is proposing: • PIN 9854-16-1576: o Northern property line: ■ 40 ft. land use buffer and setback; STAFF COMMENT: Staff has recommended a 50 ft. land use buffer and only allowing for vehicular access (i.e. travel lanes) within 75 ft. of the northern property line. This effectively would impose a 75 ft. setback for all structures. The applicant has indicated they are amenable to a 50 ft. land use buffer. The applicant has offered, as a condition, to erect a 6 ft. wall outside of the buffer creating additional shielding of the Project along the northern property line as well.