08RW0365June 25, 2008 BS
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08RW0365
Kahn Properties South, L.L.C.
Dale Magisterial District
South West line of Ironbridge Road
REQUEST: An exception to the requirements of the Chesapeake Bay Preservation Ordinance
(CBPO) to allow encroachment into the Resource Protection Area (RPA).
RECOMMENDATION
Recommend approval with the one condition and note below for the following reasons:
A. A Water Quality Impact Assessment (WQIA) has been approved.
B. The six (6) findings, as required by Section 19-23 5 (b)(1) have been satisfied.
C. The proposed development is consistent with the Chesapeake Bay Preservation
Or finance.
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The mitigation measures outlined in the Walgreens-Ironbridge Road Water Quality
Impact Assessment, dated January 23, 2008 and last revised June 1 1, 2008, prepared by
Balzer and Associates, Inc., shall be incorporated into the site plan review process and
such measures shall be implemented. The Department of Environmental Engineering
may approve alternative mitigation measures if it is determined that such alternatives will
not increase impacts to the RPA or downstream water bodies. (EE)
NOTE: The drawings utilized in this exception request are preliminary in nature. If
during the construction plan review process the more detailed information and design
reveals opportunities for less impacts or greater mitigation, the Environmental
Providing a FIRST CHOICE community through excellence in public service
Engineering Department shall have the authority to impose additional requirements
accordingly. (EE)
GENERAL INFORMATION
Location:
10220 & 10230 Ironbridge Road, located in the Middle Swift Creek drainage basin Tax
IDs 772-661-4324 and 772-661-part of 6210
Existin.~ Zoning
C-3
Size:
6.83 acres
Existing Land Use:
Commercial fuel & convenience store, stormwater management facility and single family
home
Condition of Resource Protection Area:
A historical spring box on one of the parcels provides the flow of an unnamed tributary
which bisects the subject properties. Of the existing RPA buffer approximately 1.36
acres is in poor condition consisting of either areas of impervious cover or denuded of
vegetation as a result of current uses. The remaining RPA buffer is in good condition
consisting of mature mixed hardwood forest, jurisdictional waters and forested wetlands
associated with the perennial flowing channel.
Area of Proposed RPA Encroachment:
The area of the encroachment for this proposed development will impact approximately
14,652 square feet (0.34 acres) of existing forested buffer and 59,242 square feet (1.36
acres) of existing development and previously disturbed vegetative buffer. The areas of
encroachment will be converted into the proposed road, parking lot, commercial building
and stormwater treatment facility.
PRnPn~AT,
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas (CBPAs) and downstream water bodies. Because parcels,
Tax IDs 772-661-4324 and 772-661-part of 6210, contain areas designated as CBPAs, the site is
subject to the application of the county's Chesapeake Bay Preservation Ordinance (CBPO). The
CBPO requirements of the Zoning Ordinance specify that a Resource Protection Area (RPA)
2 08RW0365 JUN25-BOS-RPT
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. This encroachment would allow for the development of a one story
commercial building, called Walgreens. Of the 5.9-acre site for development, the amount of
impervious cover will increase from approximately 35 percent (89,551 sq ft) to 67 percent
(172,193 sq. ft) of the property. Approximately 73, 894 square feet (1.70 acres) of existing RPA
buffer will be converted into a portion of the proposed building, parking lot and roads.
ANAT VCTC
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 weather the six (6) findings, outlined below, as required by Section 19-23 5 (b)(1) have been
satisfied.
The applicant addressed these findings as part of the application process. The applicant's
position can be found on Attachment A. The first criteria for granting such an exception is:
1. The requested exception is the minimum necessaNy to afford relief.
The parcel has existing RPA encroachments and impacts. Much of the development will
occur within this area. The proposed additional encroachment is for constructing a
shared access point and stormwater treatment facility. The use of a retaining wall
minimizes the need for encroachment of the proposed development into RPA. However,
the use of the retaining wall shall be reviewed at time of site plan approval.
Additionally, the need for encroachment has been reduced by the reduction of the number
of parking spaces for Walgreens stores and a reduction in the landscape setback along
Ironbridge Road.
2. Granting the exception shall not confer any special privileges upon the applicant
that aNe denied by this division to other propeNty owneNS who aNe subject to its
provisions and who are similarly situated.
The existing encroachments as part of the current uses occurred prior to CBPO
requirements. Redevelopment of the parcel required the natural resources, including
wetlands and area of the historical spring box, to comply with the CBPO area
designations. Compliance with the designation of a RPA buffer and stormwater
treatment restricts the conversion of the property to a new use and demonstrates the need
for the request.
3. The exception request is in haNmony with the puNpose 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). In addition
3 08RW0365 JUN25-BOS-RPT
to addressing onsite pollutant concerns, the applicant will address off site pollutant loads
and conduct enhancement and restoration of the remaining riparian buffer.
4. The exception Nequest is not based upon conditions or ciNCUmstances that are self-
created or self-imposed.
The existing development occurred prior to the CBPO requirements and therefore
significant portions of the RPA buffer have existing impacts. Additional proposed RPA
encroachments are due to the relocation of the combined entrance at the request of
Virginia Department of Transportation (VDOT) and redevelopment of the site.
5. Reasonable and appropriate conditions are imposed, as warranted, that will
ensure that the permitted activity will not cause a degradation of water quality.
These measures are to include pollutant control in excess of the current requirements and
protection of the remaining buffer to include signage and construction of a block wall to
reduce access. The applicant is proposing additional water quality enhancements
including mitigating projects to re-vegetate existing buffers.
6. The Nequest is being made because of the particular physical surNOUndings, use,
shape or topographical conditions of the specific property involved or property
adjacent to or within 100 feet of the subject propeNty, oN a paNticular hardship to
the owner will occur, as distinguished from a mere inconvenience, if the strict
letter of this division is caNried out.
The size and shape of the parcel, the existing topography and the location of the
perennial flowing stream, intermittent stream and spring box, which bisect the property,
make this site difficult to accommodate the proposed use. Further limitations include
VDOT's entrance requirements and requirements for the conversion of the existing
stormwater management facility into a water quality BMP.
CONCLUSION
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas (CBPAs) for parcels Tax IDs 772-661-4324 and 772-661-
part of 6210. Implementation of the limits of CBPAs, which include Resource Protection Areas
(RPAs), reduces the ability for redevelopment of the parcel. The proposed encroachment into
the 100 foot buffer would permit majority of the development within the areas having existing
encroachments. The applicant proposes to locate the project on the parcel such that development
will comply with zoning, building setbacks and development standards. The applicant can still
maintain a reasonable use while reducing the impact to the riparian area along the unnamed
tributary. Additionally, the applicant will mitigate the encroachment into the RPA buffer by
treating additional stormwater runoff from existing development and enhancement planting
within the remaining resources.
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The applicant submitted information demonstrating the proposed project meets the six (6)
findings as required in Section 19-235(b)(1), and included in Attachment A. The applicant
prepared a WQIA and provided reasonable mitigation, summarized in Attachment B, for the
proposed encroachment to be granted. Staff reviewed the WQIA and found it to be acceptable.
5 08RW0365 JUN25-BOS-RPT
ATTACHMENT - A
Applicant's response to the six (6) findings as required by Section 19-235 (b)(1).
! 7 • ! 7T7
REQUEST FOR AN EXCEPTION TO THE REQUIREMENTS
OF THE ZONING ORDINANCE
Kahn Properties South, L.L.C.
10220 ~ 10230 Ironbridge Road, Tax IDs 772-661-4324 and 772-661-part of 6210
Provide the justification for the proposed exception and a discussion of how each of the
following findings is met:
1. The requested exception is the minimum necessary to afford relief:
This exception request for the redevelopment of an existing BP gas station/convenience
store and private residence to a less intensive Walgreens commercial use is being
generated by the Virginia Department of Transportation's (VDOT) requirement to close
the existing BP Gas Station entrance along Ironbridge Road in order to achieve
separation from the Centralia Road intersection. The proposed road entrance to
Walgreens has been shifted away from the intersection due northwest along Ironbridge
Road. From this access point, the road turns back towards the site and disturbs the
headwater portion of the buffer nearest to the Magnolia Grange historic spring box. The
road entrance to the site will provide a shared access point for future development to the
northwest where a significant portion of the RPA has been previously disturbed.
The existing stormwater management facility which is located within the RPA will be
expanded in order to convert the existing BMP into a water quality BMP that treats on
and off site areas that will enhance and improve the existing level of water quality.
Currently the existing SWM facility is designed to trap and hold storm water for storm
events (quantity control) but not to filter out the pollutants (quality control). The
proposed expansion and conversion of the basin will ensure that pollutant removal
requirements are being fulfilled and water quality will be improved.
The requested exception is the minimum necessary to afford relief based on the
applicants following design modifications:
A. The applicants propose to minimize impacts to the RPA for the required entrance
road establishment by constructing a retaining wall at the top of the drainage Swale
containing the historic spring box and an intermittent and perennial stream. The
retaining wall will be constructed along the entire entrance road and parking area.
This will both minimize encroachment into the RPA and protect the historic spring
box located on site;
B. The applicants propose a joint entrance from Ironbridge Road to serve two
commercial properties thus reducing future impacts;
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C. The applicants have reduced the amount of parking provided for other Walgreens
stores of similar size; and
D. The applicant's have reduced the County's landscape setback from 75' to 50' along
Ironbridge Road in order to reduce further encroachment.
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 proposed exception will not confer any special privileges to the applicants from
others similarly situated due to the following reasons:
A. The Myers Family Trust has owned the property and the overall parcel since before
the 1980s. In 1992, Henry E. Myers subdivided the subject property where the BP
Gas station was developed. During this time, the County's Chesapeake Bay
Preservation Area regulations were nonexistent. Therefore as time progressed and the
RPA was designated around the aquatic resource, the site became an area with a large
portion of previously disturbed buffer. The existing tree line shows the limits of
previous disturbance. Existing development has already disturbed a significant
percentage of the RPA;
B. The proposed encroachments are to relocate a combined entrance at the request of
VDOT;
C. The proposed encroachments are to modify and convert an existing stormwater
quantity BMP to a stormwater quality BMP that will treat both onsite and offsite
areas; and
D. The size and shape of the parcel, the existing topography and other natural resources
which bisect the property and the existing zoning are all unique to this development
proposal and are not routinely encountered by similar projects.
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 proposed development will not result in a substantial detriment to water quality. The
site currently contains approximately 1.36 acres of previously disturbed RPA primarily
focused around the existing two-story house, stormwater management facility, and BP
gas station. There is a degraded level of water quality onsite due to the lack of natural
buffers and stormwater quality controls.
To improve this level of water quality, the applicants propose the following solutions:
A. The expansion and conversion of the existing stormwater management facility will
accommodate water quality treatment for all storm water produced by the site and the
surrounding area of Meadowville West Shopping Center. Currently storm water from
7 08RW0365 JUN25-BOS-RPT
this shopping center is not treated for water quality. The stormwater outfalls from the
stormwater management facility will have energy dissipaters to reduce the stormwater
velocity of the discharge and prevent potential impacts downstream;
B. The change in site configuration from the BP gas station to Walgreens will minimize
building footprints and the necessity for RPA encroachments;
C. The intensity of use and the concentration of pollutants and sediment will be reduced
over previous conditions;
D. The vertical retaining wall that will be placed along the edge of development will
ensure that all sediment during construction and sediment and pollutants post-
construction will be diverted to the water quality BMP and will not be released
directly into the aquatic resource as it currently does; and
E. The installation of the vertical retaining wall will be the first phase of construction to
ensure that there will be no short term degradation of water quality.
4. The proposed exception is not based upon conditions or circumstances that are self
created or self imposed:
The proposed exception request is not based upon conditions or circumstances that are
self created or self imposed for the following reasons:
A. The Myers Family Trust has owned the property and the overall parcel since before
the 1980s. In 1992, Henry E. Myers subdivided the subject property where the BP
Gas station was developed. During this time, the County's Chesapeake Bay
Preservation Area regulations were nonexistent. Therefore as time progressed and the
RPA was designated around the aquatic resource, the site became an area with a large
portion of previously disturbed buffer. The existing tree line shows the limits of
previous disturbance. Existing development has already disturbed a significant
percentage of the RPA;
B. The proposed encroachments are to relocate a combined entrance at the request of
VDOT; and
C. The proposed encroachments are to modify and convert an existing stormwater
quantity BMP to a stormwater quality BMP that will treat both onsite and offsite
areas and improve overall water quality.
5. Reasonable and appropriate conditions have been imposed, as warranted, to ensure
that the permitted activity will not cause a degradation of water quality:
Past encroachments into the RPA exist from the development/construction of Ironbridge
Road, the development of the BP gas station, the existing storm water management
8 08RW0365 JUN25-BOS-RPT
(SWM) facility, and atwo-story home facing Ironbridge Road. The proposed
encroachments involved with the Walgreens development will require mitigation. The
applicants propose the following measures for mitigation:
A. The expansion and conversion of the existing stormwater management facility to a
water quality BMP that will accommodate water quality treatment for all storm water
produced by the site and the surrounding area of Meadowville West Shopping Center.
Currently storm water from this shopping center is not treated for water quality;
B. The stormwater outfalls from the stormwater management facility will have energy
dissipaters to reduce the stormwater velocity of the discharge and prevent potential
impacts downstream;
C. The change in site configuration from the BP gas station to Walgreens will minimize
building footprints and the necessity for RPA encroachments;
D. A vertical retaining wall will be constructed along the edge of development that will
ensure that all sediment during construction and sediment and pollutants post-
construction will be diverted to the stormwater management facility and will not be
released directly into the aquatic resource as it currently does; and
E. The installation of the vertical retaining wall will be the first phase of construction to
ensure that there will be no short term degradation of water quality.
The above mitigation measures will result in a decrease of stormwater pollutants on and
off site and an improvement of water quality for the Swift Creek watershed.
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 exception request is being made by the applicants due to the following reasons which
are unique to this development proposal and are not routinely encountered by similar
development proposals:
A. The size and shape of the parcel, the existing topography and the location of the
perennial stream, intermittent stream and spring box which bisect the property make
this site difficult to accommodate the proposed use; and
B. The requirement by VDOT to close the existing BP gas station entrance and the
conversion of the existing stormwater management facility into a water quality BMP
require impacts to the RPA.
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ATTACHMENT - B
The outline below summarizes some of the measures submitted as part of the
WQIA for the mitigation of the requested encroachment and water qualitX
improvement.
REQUEST FOR AN EXCEPTION TO THE REQUIREMENTS
OF THE ZONING ORDINANCE
Kahn Properties South, L.L.C.
10220 ~ 10230 Ironbridge Road, Tax IDs 772-661-4324 and 772-661-part of 6210
The following is a partial list of mitigation measures for the proposed encroachments to the RPA.
A more detailed discussion of these measures is on file within the document Walgreens-
Ironbridge Road Water Quality Impact Assessment, dated January 23, 2008 and last revised June
11, 2008. 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 educational signage, barriers and outlet protection.
1. Educational signs detailing the location of riparian buffer.
2. The restoration and re-establishment of vegetation within the RPA.
3. Conversion of Stormwater Management (SVVM) facility to Best Management Practices
(BMP) facility to provide additional pollutant removal in excess of the existing
requirements.
10 08RW0365 JUN25-BOS-RPT
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