08RW0379June 25, 2008 BS
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08Rw0379
Clifton M. Coger
Midlothian Magisterial District
East line of Turner 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 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 601 Turner Road -Water Quality Impact
Assessment, dated March 25, 2008, prepared by Cliff Coger, Carl Duncan P.E., L.S.,
Angela Whitehead, CPSS 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: Approval of this exception does not convey any privileges which would limit the
imposition of flood plain ordinance and policy requirements by the Environmental
Engineering Department.)
Providing a FIRST CHOICE community through excellence in public service
GENERAL INFORMATION
Location:
601 Turner Road, located in the Pocoshock Creek drainage basin Tax ID 763-704-1556
Existin.~~
0-2
Size:
5.9 acres
Existing Land Use:
Vacant
Condition of Resource Protection Area:
The tributary Pocosham Creek bisects the property. There are approximately 5.3 acres of
existing RPA located on-site. Much of the RPA buffers are in good condition consisting
of mature mixed hardwood forest and 2.6 acres of jurisdictional waters and forested
wetlands associated with Pocosham Creek.
Area of Proposed RPA Encroachment:
The area of the encroachment for this proposed development will impact approximately
12,196 square feet (0.28 acres) of existing RPA vegetative buffer.
PR(1P(I~AT,
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas (CBPAs) and downstream water bodies. Implementation of
the limits of CBPAs, which include Resource Protection Areas (RPAs) around an onsite
perennial stream and wetlands, would render the parcel unusable. Because the parcel contains
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) 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 3,725 square feet office building and parking lot. Of the 5.9-acre
property, the amount of impervious cover will increase to approximately 14,810 square feet (0.34
acres) constituting 5.7 percent of the property. Approximately 12,196 square feet (0.28 acres) of
existing RPA vegetative buffer will be converted into a portion of the proposed parking lot and
office building.
2 08RW0379 JUN25-BOS-RPT
ANAT,VCT~
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 necessary to afford relief.
The proposed development is the minimum size to accommodate the business and
comply with other development requirements.
2. GNanting 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
pNOVisions and who are similarly situated.
This request is the minimum necessary to use this property. This lot was recorded prior
to the ordinance from which the Applicant is requesting an exception.
3. The exception request is in harmony with the purpose and intent of this division
and will not result in a substantial detNiment to wateN quality.
The proposed mitigation measures are to offset the 5.7% impervious area impact within
the buffer by providing stormwater treatment and additional buffer to existing resources.
4. The exception request is not based upon conditions or circumstances that are self-
cNeated oN self-imposed.
Adoption of County's CBPO ordinance occurred after the creation of this lot and prior to
the development. Exceptions may be granted provide the development meets certain
development standards.
5. Reasonable and appropriate conditions are imposed, as warranted, that will
ensure that the permitted activity will not cause a degradation of water quality.
Mitigation for impacts to water quality include additional buffers, stormwater treatment
and minimization of the development.
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.
3 08RW0379 JUN25-BOS-RPT
The request is being made specifically due to the topographical features of this site which
causes the majority of the site to be within a Resource Management Area (RMA) or a
RPA. The stream running through the site along with a VDOT drainage Swale and their
associated wetlands bisect the site. These wetlands, along with their 100 feet buffers,
occupy the majority of the developable portion of the site. The remaining developable
area is a small triangle at the front left corner and a smaller area at the left rear. The
proposed development, with impacts, is on the front left corner. Strict application of the
RPA requirements would prohibit the use of the parcel.
CONCLUSION
The applicant has requested an exception for potential impacts to lands within designated
Chesapeake Bay Preservation Areas (CBPAs). Implementation of the limits of CBPAs, which
include Resource Protection Areas (RPAs), renders the parcel unusable. The proposed
encroachment into the 100 foot buffer would permit some development with the majority of the
parcel remaining in a natural state. 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 Pocosham Creek. Additionally, the applicant will mitigate the encroachment into the RPA
buffer by voluntarily treating stormwater runoff and include additional protection of the
remaining resources by establishing an additional riparian buffer.
Staff believes the applicant demonstrated the proposed project meets the six findings as stated in
Attachment A, prepared an approved VVQIA and provided reasonable mitigation, summarized in
Attachment B, for the proposed encroachment to be granted.
4 08RW0379 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
Clifton M. Coger
601 Turner Road, Tax ID 763-704-1556
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:
The proposed development is the minimum parking area and smallest building that will
allow the applicant to relocate his business to this site. In addition, the proposed
development is less than the normal allowed development for anon-impact site. The
county default level of development is 16% of the total site. Our proposed development
is only 5.7%.
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 subiect to its
provisions and who are similarly situated:
This request is the minimum necessary to actually use this property. This lot existed
prior to the ordinance that this exception is requesting. This request does not set a
precedent that is not currently available to similar distressed property owners.
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 specifies mitigation measures to offset the 5.7% impervious
area impact within the buffer. Normal development outside of the buffer area would be
allowed to develop to 16% impervious with no additional requirements. we are
proposing to impact the buffer area only and are mitigating this impact by proposing a
BMP and adding additional offsetting buffer area at the rear of the site.
4. The proposed exception is not based upon conditions or circumstances that are self
created or self imposed:
The conditions are imposed by the adoption of County ordinance after the creation of this
lot and prior to the development of this lot. The owner had no control over the
implementation of this ordinance or its requirements.
5. Reasonable and appropriate conditions have been imposed, as warranted, to ensure
that the permitted activity will not cause a degradation of water quality:
The owner is proposing mitigation, additional buffers and minimizing the development to
assure that no degradation of the water quality will occur with this development. The
proposed development will not have any impact on the water quality of the site.
5 08RW0379 JUN25-BOS-RPT
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 loo 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 request is being made specifically due to the topographical features of this site which
causes the major majority of the site to be within an RMA area or an RMA Buffer Area.
The stream running through the site along with a VDOT drainage Swale and their
associated wetlands bisect the site. These wetlands along with their 100' buffers
completely occupy the developable portion of the site. The only remaining area is a
small triangle at the front left corner and a smaller area at the left rear. We are proposing
to develop, with impacts, the front left corner and to include as buffer the left rear area.
Without the exception, there is no possible way to develop the site and the parcel
becomes unusable. This exception is not for convenience but is a true hardship due to the
wetlands and buffers.
6 08RW0379 JUN25-BOS-RPT
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 quality
improvement.
REQUEST FOR AN EXCEPTION TO THE REQUIREMENTS
OF THE ZONING ORDINANCE
Clifton M. Coger
601 Turner Road, Tax ID 763-704-1556
The following is a partial list of mitigation measures for the proposed encroachments to the RPA.
A more detail discussion of the measures are on file within the document 601 Turner Road -
Water Quality Impact Assessment, dated March 25, 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 increased buffers
and stormwater outlet protection which will create sheet flow, promote infiltration, reduce
concentrated flows and reduce down stream erosion.
1. A FilterraTM treatment system will be used to treat parking lot and roof top stormwater
runoff prior to entering the remaining RPA buffer.
2. The remainder of the forested property and onsite wetlands (2.9 acres) will remain
undeveloped.
3. Educational signs detailing the location of the riparian buffer will be posted.
4. The area outside of the proposed development and remaining RPA will be designated as
riparian buffer to offset the requested encroachment. This area is approximately 7,905
square feet (0.18 acres) in size and is located in the northeast corner of the subject
parcel.
7 08RW0379 JUN25-BOS-RPT
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