The Department of Community Development

City Hall, Lynchburg, VA 24504 434-455-3900

To: Planning Commission

From: Planning Division
Date: June 14, 2017
Re: Conditional Use Permit (CUP) Fill in Floodplain 4012 and 4014 Wards Road

I. PETITIONER
Workman Oil, PO Box 566, Forest, Virginia 24551
Representative: William O. Berkley, Berkley-Howell & Associates, PC, 306 Enterprise Drive
Suite C, Forest, Virginia 24551
II. LOCATION
The subject property is two (2) tracts of approximately one and five hundred and eighty-seven
thousandths (1.587) acres located at 4012 and 4014 Wards Road. The area proposed for fill
within the floodplain is located along Rock Castle Creek at the rear of the 4014 Wards Road
property.

III. PURPOSE
The purpose of the petition is to allow fill within the floodplain to facilitate the construction of
a retail and restaurant building with a drive-through.
IV. SUMMARY
The petition agrees with the Zoning Ordinance in that fill within the 100-year floodplain is
allowed upon approval of a conditional use permit by City Council.
The Comprehensive Plan 2013-2030 states that while the City has permitted development to
occur in the 100-year floodplain in the past, it should limit new development in the
floodplain in the future and seek to protect existing development that may be affected by
flooding. (p.113)
The proposed fill facilitates the installation of a drive-through lane to service a new retail
and restaurant building and should have little to no impact on the surrounding area due to
the ability to mitigate the effects of the fill on site.
Grading work to offset the fill in the floodplain does occur within the R-C, Conservation
District and in the area designated as Resource Conservation on the Future Land Use Map
(FLUM). However, post construction, the area will be allowed to return to a natural state
and the grading facilitates the reuse of an already developed site.
The Planning Division recommends approval of the CUP petition.

V. FINDINGS OF FACT
1. Comprehensive Plan. The Comprehensive Plan 2013-2030 recommends Community
Commercial and Resource Conservation land uses for the area. Community Commercial areas
contain retail, personal service, entertainment, and restaurant uses that draw customers from at
least several neighborhoods, the entire City, or the region. Conversion of existing vacant retail
Planning Commission: Fill in Floodplain June 14, 2017 2

space to these uses may be appropriate in areas where there is sufficient retail to serve the
community and space for employment uses is needed. (p75-76)
Resource Conservation areas encompass lands with special natural characteristics that limit land
uses and development to protect the Citys environmental health. The mapped Resource
Conservation Areas include the steep slopes of Candlers Mountain as well as the Citys stream
valleys. The stream valleys, as described in the Comprehensive Plan, include streams and rivers,
their 100-year floodplains, connected wetlands and adjacent steep slopes. Resource
Conservation Areas are planned to remain in vegetated open space with development limited
to: 1) trails and other passive recreational facilities that involve minimal removal of vegetation,
and 2) public facilities that must be located in stream valleys. The goal is to keep Resource
Conservation Areas as natural as possible to stabilize slopes, prevent soil erosion, provide
natural absorption areas for urban runoff, moderate climate, and provide wooded areas for
wildlife and for the respite of City dwellers. On privately owned land within conservation areas,
the intent of this Plan is to allow appropriate land uses and infrastructure as long as the
environmental value of the areas is conserved or enhanced and public safety is protected
through buffers and other best management practices. (p77)
The proposed fill will occur in an area zoned R-C, Conservation district, as well as the Future
Land Use Maps (FLUM) Resource Conservation Area. However, the proposed development
will occur outside of both the current and future conservation areas.
While the Comprehensive Plan states that the City should limit development within the 100-
year floodplain, the proposed fill would facilitate the redevelopment of an existing developed
site.
The Wards Road Area Pedestrian & Bicycle Concept Plan calls for Rock Castle Creek Greenway, a
multi-purpose trail with links to nearby crosswalks and sidewalks proposed along the west side
of the creek. It also proposes a multi-purpose trail on the west side of Wards Road with
potential for connector crosswalks between retail areas on both sides of Wards Road. (p14-15)
Proposed fill on this property does not negatively impact the goals set in this plan, due to the
fact that any disturbance will be taking place on the east side of Rock Castle Creek. In fact
constructs improvements called for in the Wards Road Concept Plan with the construction of
sidewalk along Wards Road in accordance with the Zoning Ordinance.
2. Zoning. The subject property was annexed into the City in 1976. The property where fill is
proposed is zoned B-5, General Business and R-C, Conservation, and was established on
December 12, 1978.
3. Board of Zoning Appeals (BZA). The Zoning Administrator has determined that no
variances are needed for the development of the property as proposed.
4. Surrounding Area. There have been a several items requiring City Council approval in the
immediate area:
On December 8, 1992, City Council approved the petition of Woodroe & Suzann Newmans
to rezone eighty eight hundredths (.88) of an acre from I-2 Light Industrial District to B-5C
General Business District (Conditional) in order to allow for hardware sales/ equipment
rental at 121 Delta Street.
On December 14, 1993, City Council approved the petition of Charleston Trading
Company, Inc. to rezone two and seventy-five hundredths (2.75) acres from I-2, Light
Planning Commission: Fill in Floodplain June 14, 2017 3

Industrial District to B-5(C), General Business District (Conditional) to allow for car sales
and mobile home sales/storage at 4009-4013 Wards Road.
On January 26, 1999, City Council approved the CUP petition of Faison/Trammel Crow
Company to fill in the floodplain in a B-5C, General Business District (Conditional) in order
to allow for the construction of a shopping center at 4026 Wards Road.
On January 26, 1999, City Council approved the petition of E.R. & W.C. Corporation, G.A.
Hartless, George C. Walker Jr., William M. Walker, and Michael Andre Coulter to rezone
approximately fifty eight and seven tenths (58.7) acres from R-4 Medium-High Density
Multi-Family Residential, R-5 High Density Multi-Family Residential, & B-5 General
Business District to B-5C General Business District (Conditional) in order to construct a
shopping center at 4026 Wards Road.
On August 10, 2004, City Council approved the petition of Little Horse, LLC to rezone
three and five hundred four thousandths (3.504) acres from I-2 Light Industrial District and
B-5C General Business District (Conditional) to B-5C General Business District
(Conditional) in order to construct a hotel at 113, 121, and 125 Delta Street.
On August 10, 2004, City Council approved the petition of Frederick & Charlotte Lamonds
to rezone approximately nine hundred thirty seven thousandths (.937) of an acre from I-2
Light Industrial to B-5C General Business District (Conditional) in order to construct a hotel
at 4021 Wards Road.
On November 8, 2005, City Council approved the petition of English Development
Corporation and Covenant Presbyterian Churchs to rezone one and one hundred seventy
three thousandths (1.173) acres from R-C Conservation District and R-4 Multi-family
Residential District to B-3C Community Business District (Conditional) in order to
construct driveway entrances for a shopping center located in Campbell County at 108
Melinda Drive and Wards Ferry Road. A Conditional Use Permit (CUP) was approved
congruently with the rezoning to allow fill in the floodplain.
On August 9, 2011, City Council approved the CUP petition of GJJ of Lynchburg, LLCs to
fill in the floodplain in a B-5, General Business District and R-C, Conservation District in
order to ensure future development be constructed outside of the floodplain at 4010 Wards
Road.
5. Site Description. The subject property is two (2) tracts of approximately one and five hundred
and eighty-seven thousandths (1.587) acres located at 4012 and 4014 Wards Road. The area
proposed for fill within the floodplain is located along Rock Castle Creek at the rear of the
property located at 4014 Wards Road. The property is bounded by the creek to the west,
commercial development to the north and south, and Wards Road to the east.

Currently the property is vacant. The property previously contained a dilapidated storage
building and convenience store. The buildings have recently been demolished by the developer.
The property is generally flat with a slight downward slope towards Rock Castle Creek at the
rear of the property.

6. Proposed Use of Property. If the petition is approved, fill in the floodplain along Rock Castle
Creek will facilitate a drive-through behind the proposed structure.
Planning Commission: Fill in Floodplain June 14, 2017 4

7. Traffic, Parking and Public Transit. The City Engineer has reviewed the proposal and had
no comments of concern regarding the CUP. At the time of site plan review, all drive-through
traffic will be required to be contained on the subject property. As currently proposed, this
project should improve traffic flow by meeting the access management standards of the Zoning
Ordinance, consolidating two entrances to one, and providing a potential future connection to
an adjoining property.

Combined required parking for retail sales, restaurant assembly, and employee parking is twenty
two (22) spaces. Thirty (30) parking spaces are to be provided.
The area is served by the Greater Lynchburg Transit Company (GLTC) 4 Loop with bus stops
located on Wards Road at Chic-fil-A and the Hilton Garden Inn. Each of these are
approximately thirteen hundredths (0.13) mile from the property, however there are no
crosswalks and the pedestrian bridge to safely cross Wards Road is approximately three tenths
(0.3) mile.
8. Stormwater Management. An Erosion and Sediment Control and a Stormwater Management
Plan will be required prior to construction. Water quantity controls will likely not be required as
stormwater from the site discharges to Rock Castle Creek, which is a mapped floodplain and
has a drainage area over one hundred (100) times the site. The petitioner has indicated that
water quality will be handled through the purchase of non-point source nutrient credits.
9. Emergency Services: The Citys Fire Marshal and Police Department had no comments of
concern regarding the proposal.
10. Impact. Information submitted by the petitioner (the No-Rise Study from Froehling &
Robertson, Inc.) indicates there would be no rise in the 100-year flood elevations from the
proposed fill due to the ability to balance the site with additional cut to offset the proposed fill.

While the grading work to offset the fill in the floodplain will occur within the R-C district and
the area designated as Resource Conservation on the Future Land Use Map (FLUM), the actual
development is outside of these areas. Once construction is complete, the graded area will be
stabilized and allowed to return to a natural state. Meanwhile, the commercial portion of the
site will be redeveloped in accordance with the Zoning Ordinance and put to use rather than
allowed to continue to sit vacant and underutilized. Overall this results in a positive impact for
Wards Road and the City.

11. Technical Review Committee. The Technical Review Committee (TRC) reviewed the
conditional use permit on May 23, 2017. Comments related to the proposed use have or will be
addressed at the final site plan stage.

VI. PLANNING DIVISION RECOMMENDATION

Based on the preceding Findings of Fact, the Planning Commission
recommends to City Council approval of the petition of Workman Oil for
a conditional use permit to allow fill in the 100-year floodplain at 4012 and
4014 Wards Road subject to the following conditions:
1. The property shall be developed in substantial compliance with the
concept plan (revised June 1, 2017).
Planning Commission: Fill in Floodplain June 14, 2017 5

2. There shall be no rise in the 100-year flood elevations as a result of the

proposed fill.
3. The final grade of the site shall be verified through as-built survey to
meet the approved site plan grading plan and flood study
requirements.
4. Slope protection shall be required the full length of the proposed fill
slope to one foot above the water surface elevation. Slope protection
shall be constructed out of non-erodible material.
5. A letter of map revision shall be filed with the Federal Emergency
Management Agency (FEMA).
This matter is respectfully offered for your consideration.

William T. Martin, AICP

City Planner
pc: Ms. Bonnie M. Svrcek, City Manager
Mr. Charles Hartgrove, Deputy City Manager
Mr. Walter C. Erwin, City Attorney
Mr. Kent L. White, Director of Community Development
Mr. J. Lee Newland, City Engineer
Ms. Cynthia Kozerow, Lynchburg Police Department
Battalion Chief Thomas Goode, Fire Marshal
Mr. Doug Saunders, Building Official
Mr. Kevin Henry, Zoning Administrator
Ms. Erin Hawkins, Water Quality Manager
Workman Oil, Property Owner
Mr. William O. Berkley, Representative

VII. ATTACHMENTS
1. Zoning Map with Adjoining Property Owners
2. Future Land Use Map
3. Watershed Map
4. Planimetric and Topographic Map
5. Concept Plan
6. Narrative
7. Grading Permission Letter from Adjoining Property Owner
8. Wards Road No Rise Study
9. Property Photograph
 Zoning Map FILL IN THE FLOODPLAIN
Conditional Use Permit Request Workman Oil, Inc.

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MAP SCALE: 1 " to 4,000 'DATE PRINTED: 6/9/2017

DISCLAIMER: THIS MAP IS NEITHER A LEGALLY RECORDED MAP NOR A SURVEY AND IS NOT INTENDED TO BE USED AS SUCH. THE INFORMATION DISPLAYED IS A COMPILATION OF RECORDS, INFORMATION, AND
DATA OBTAINED FROM VARIOUS SOURCES. THE CITY OF LYNCHBURG IS NOT RESPONSIBLE FOR ITS ACCURACY OR HOW CURRENT IT MAY BE.
 Parcel ID Address Owner
26003011 4017 WARDS RD ABBITT BROTHERS PROPERTIES LLC
26003010 4011 WARDS RD BER REAL ESTATE INVESTMENTS I LLC
25705004 4014 WARDS RD CARDINAL OIL CO INC
25705003 4012 WARDS RD CARDINAL OIL CO INC
25705012 4024 C WARDS RD DCTN3 436 LYNCHBURG VA LLC
25705016 4026 C WARDS RD LVA PROPERTY LLC
25705007 4026 D WARDS RD LYNCHBURG (WARDS CROSSING) LLC
25705011 4024 B WARDS RD LYNCHBURG (WARDS CROSSING) LLC
25705013 4004 WARDS RD LYNCHBURG (WARDS CROSSING) LLC
26005001 4018 WARDS RD LYNCHBURG RETAIL LLC
25705008 4006 WARDS RD RBT INVESTMENTS LLC
25705002 4008 WARDS RD RBT INVESTMENTS LLC
25702001 4005 WARDS RD SPIRIT MASTER FUNDING VI LLC
 FLUM Map FILL IN THE FLOODPLAIN
Conditional Use Permit Request Workman Oil, Inc.

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MAP SCALE: 1 " to 4,000 'DATE PRINTED: 6/9/2017

DISCLAIMER: THIS MAP IS NEITHER A LEGALLY RECORDED MAP NOR A SURVEY AND IS NOT INTENDED TO BE USED AS SUCH. THE INFORMATION DISPLAYED IS A COMPILATION OF RECORDS, INFORMATION, AND
DATA OBTAINED FROM VARIOUS SOURCES. THE CITY OF LYNCHBURG IS NOT RESPONSIBLE FOR ITS ACCURACY OR HOW CURRENT IT MAY BE.
 Watershed Map FILL IN THE FLOODPLAIN
Conditional Use Permit Request Workman Oil, Inc.

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MAP SCALE: 1 " to 33,333D' ATE PRINTED: 6/9/2017 Blackwater Creek

DISCLAIMER: THIS MAP IS NEITHER A LEGALLY RECORDED MAP NOR A SURVEY AND IS NOT INTENDED TO BE USED AS SUCH. THE INFORMATION DISPLAYED IS A COMPILATION OF RECORDS, INFORMATION, AND
DATA OBTAINED FROM VARIOUS SOURCES. THE CITY OF LYNCHBURG IS NOT RESPONSIBLE FOR ITS ACCURACY OR HOW CURRENT IT MAY BE.
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Conditional Use Permit Request Workman Oil, Inc.

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MAP SCALE: 1 " to 4,000 'DATE PRINTED: 6/9/2017
DISCLAIMER: THIS MAP IS NEITHER A LEGALLY RECORDED MAP NOR A SURVEY AND IS NOT INTENDED TO BE USED AS SUCH. THE INFORMATION DISPLAYED IS A COMPILATION OF RECORDS, INFORMATION, AND
DATA OBTAINED FROM VARIOUS SOURCES. THE CITY OF LYNCHBURG IS NOT RESPONSIBLE FOR ITS ACCURACY OR HOW CURRENT IT MAY BE.
 FAX: (434)385-6178
BERKLEY HOWELL & ASSOC., P.C.
PLANNERS
306 ENTERPRISE DRIVE, SUITE C
FOREST, VIRGINIA 24551
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PHONE: (434)385-7548
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DRAWN:

CHECKED:

REVISIONS
LEGEND
IRON PIN SET NO. DATE
NOTES: IRON PIN FOUND (IPF)
LEGEND 1 6-1-17
1. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT NECESSARILY INDICATE ALL SBL SOUTH BOUND LANE
NOTES:
C CENTERLINE IRON PIN SET
ENCUMBRANCES UPON THE TITLE.
1. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT
EP EDGE OF PAVEMENT IRON PIN FOUND (IPF)
2. BY GRAPHIC SCALING ONLY, A PORTION OF THIS PROPERTY IS LOCATED IN ZONE "AE" (A DESIGNATED FLOOD HAZARD AREA)
AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES UPON THE TITLE.
EG EDGE OF GRAVEL SBL SOUTH BOUND LANE
ACCORDING TO THE F.E.M.A.
2. BY GRAPHIC SCALING ONLY, A PORTION OF THIS PROPERTY IS LOCATED IN
WM WATER METER C CENTERLINE
FLOOD INSURANCE RATE MAP FOR THE CITY OF LYNCHBURG (#5100930102D) DATED JUNE 3, 2008. NO FIELD SURVEYING WAS PERFORMED
ZONE "AE" (A DESIGNATED FLOOD HAZARD AREA) ACCORDING TO THE F.E.M.A.
WV WATER VALVE EP EDGE OF PAVEMENT
TO MAKE THIS DETERMINATION.
FLOOD INSURANCE RATE MAP FOR THE CITY OF LYNCHBURG (#5100930102D) DATED
FH FIRE HYDRANT EG EDGE OF GRAVEL
3. THIS PLAT DOES NOT PURPORT TO ADDRESS THE EXISTENCE, DETECTION OR DELINEATION OF ANY ENVIRONMENTALLY SENSITIVE AREAS
JUNE 3, 2008. NO FIELD SURVEYING WAS PERFORMED TO MAKE THIS DETERMINATION.
OR ANY ENVIRONMENTAL PROBLEMS LOCATED WITHIN THE PERIMETER OF THE PROPERTY SHOWN. SSMH SANITARY SEWERWM WATER METER
MANHOLE
3. THIS PLAT DOES NOT PURPORT TO ADDRESS THE EXISTENCE, DETECTION OR 30 0 30
CO WV WATER VALVE
SANITARY SEWER CLEANOUT
4. THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL FIELD SURVEY DONE AS PER DATE OF THIS PLAT.
DELINEATION OF ANY ENVIRONMENTALLY SENSITIVE AREAS OR ANY ENVIRONMENTAL
UTILITY POLE FH FIRE HYDRANT
5. VERTICAL DATUM - NAVD88, CONTOUR INTERVAL - 2 FEET
PROBLEMS LOCATED WITHIN THE PERIMETER OF THE PROPERTY SHOWN.
SSMH SANITARY SEWER MANHOLE
SCALES
6. CURRENT ZONING: B-5 (GENERAL BUSINESS) & R-C (CONSERVATION) OVERHEAD UTILITIES
4. THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL FIELD SURVEY DONE AS PER HORIZ: AS SHOWN
GUY WIRE CO SANITARY SEWER CLEANOUT
7. PID: 25705003 & 25705004
DATE OF THIS PLAT.
SCALE: 1" = 30
UTILITY POLE VERT: AS SHOWN
8. THIS CONCEPT PLAN HAS BEEN PREPARED FOR USE IN THE CONDITIONAL USE PROCESS TO ALLOW FILL MATERIAL TO BE PLACED IN LIGHT POLE
5. VERTICAL DATUM - NAVD88, CONTOUR INTERVAL - 2 FEET 1 : 360
THE FLOOD PLAIN. THE PLAN IS SUBJECT TO ADJUSTMENT DURING THE ACTUAL DESIGN PHASE. TP TELEPHONE PEDESTALOVERHEAD UTILITIES
6. CURRENT ZONING: B-5 (GENERAL BUSINESS) & R-C (CONSERVATION) COMM. NO.
GUY WIRE
9. STORMWATER MANAGEMENT TO BE PER STATE AND LOCAL CODE. WE ANTICIPATE DIRECT DISCHARGE TO ROCK CASTLE CREEK FLOOD
7. PID: 25705003 & 25705004 150085
LIGHT POLE 1) REVISED PER TRC COMMENTS
PLAIN. IF WATER QUALITY CAALCULATIONS REVEAL TREATMENT IS REQUIRED, NUTRUIENT CREDITS WILL BE PURCHASED.
TP TELEPHONE PEDESTAL
10. LIGHTING TO MEET THE CITY OF LYNCHBURG ZONING ORDINANCE.
SHEET NO.
11. LANDSCAPING TO MEET THE CITY OF LYNCHBURG ZONING ORDINANCE.

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