05PW0412-July27.pdfJuly 27, 2005 BOS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05PW0412
John Crowley
95-10 Development, LC
Bermuda Magisterial District
South Line of West Hundred Road (Route 10) and adjacent Interstate 95 interchange
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 to allow construction of the
commercial area and road network. Exceptions to the Resource Protection Area
Regulations are permitted pursuant to Section 19-235 (b)(2) of the Ordinance.
RECOMMENDATION
Staff recommends approval of the request for the following reasons:
The applicant has adequately addressed the six (6) findings required by Section 19-235
(b)(1) for the Board of Supervisors to consider Chesapeake Bay Preservation Ordinance
exception requests.
A Water Quality Impact Assessment required pursuant to Section 19-232 (e) prepared by
the applicant has been submitted to and approved by the Office Water Quality.
GENERAL INFORMATION
Developer:
John Crowley
95-10 Development, LC
Providing a FIRST CHOICE community through excellence in public service
Location:
The project is located off south Line of West Hundred Road (Route 10) and adjacent
Interstate 95 interchange.
Tax ID 802-654-4917, 802-654-1815, 801-653-9281. (Sheets 4-6)
Existing Zoning:
C-3
Land Use and Condition of Resource Protection Area:
The property has undergone many changes in the past, which have altered both the
wetland system and Resource Protection Area (RPA) buffer present on the property.
Flippo Pond, which is now part of the overall SWM/BMP facility serving the industrial
park and also this proposed development, was once used as a recreational facility in the
1930's and 1940's. The construction of the pond is at the confluence of Redwater Creek
and an unnamed tributary to the east that also defines terminus of the RPA. The
construction and recreation use of Flippo Pond has had a direct affect to the downstream
RPA by altering its hydrology.
The construction of Ware Bottom Springs Road (old Route 10), which bisects the
property; and Route 10, realigned during the construction of Interstate 95, denuded the
forest buffer along Redwater Creek as well as creating slopes greater than 25%. Current
vegetation is sparse scrub/shrub growth dominated by non-native invader species. This
further diminishes the RPA feature.
Sanitary sewer construction along Redwater Creek and within the RPA further removed
forested vegetation.
As described above, the quality of the existing RPA is poor, with the majority of the
riparian buffer cleared and/or altered. The highest percentage of vegetation consists of
scrub/shrub growth, mainly non-native species such as kudzoo, rubus (blackberry), and
honeysuckle.
Area of Proposed Encroachment:
The total area of the proposed encroachment includes 2.3 acres of RPA, 0.7 acres of
adjacent wetlands and 440 linear feet of stream.
BACKGROUND
The applicant has requested an encroachment of the RPA buffer to permit access to the site and
the necessary internal access to the buildable areas on the site. Therefore, internal access to
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buildable areas would require, at a minimum a road crossing of the RPA. Because the stream
and RPA in this area is made up of a steep ravine, a road crossing at an allowable grade would
impact (pipe & fill) more than 300 linear feet of the RPA stream. This combined with the 80
linear feet approximated for the proposed VDOT road widening would only leave 60 linear feet
of RPA stream in a segmented condition. Historic use of the area has resulted in degradation and
disturbance of vegetation of the existing RPA. A Functional Values Assessment concluded the
overall function and value of the wetland system onsite is considered LOW.
Staff feels that this request is justified in that the area in which the encroachments would take
place is currently degraded. The buffer, therefore, is not currently serving a significant pollutant
removal function. Further, the applicant has proposed, as part of the exception request, to
provide pollutant removal for Redwater Creek by diverting approximately 40 acres of developed
land to the west into the existing SWM/BMP.
CONCLUSIONS
Staff recommends approval of this request.
Measures to Reduce the Impact of the Encroachments on Water Quali ,ty
The following is a list of measures to provide additional mitigation for the proposed
encroachments to the Resource Protection Area. These measures will provide additional water
quality treatment and improvements as well as enhancement and maintain the current
environmental features.
1. The increased pollutant removal of 40 acres of 40% impervious area currently
outfalling into Redwater Creek untreated.
2. Commercial and storm water runoff will be diverted to the existing SWM/BMP to
reduce velocity and erosion.
3. By plan design an additional 15.36 lb/yr of pollutants will be removal from the
Redwater Creek basin.
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