COUNTY OF ALBEMARLE

PLANNING STAFF REPORT SUMMARY

Project Name:  SP 2006-2 Biscuit Run Stream Crossing (Northern)

Staff:  Tamara Jo Ambler

Planning Commission Public Hearing: 

February 26, 2008

Board of Supervisors Public Hearing:

April 9, 2008

Owners:  Forest Lodge L.L.C.

Applicant: Forest Lodge L.L.C.  c/o Steve Blaine, LeClair Ryan

Acreage: 138.266 total

Special Use Permit for:  Request for fill in the floodplain for road crossing in accordance with Section 30.3.05.2.1(2) of the Zoning ordinance

TMP:   90A-3, 90A1-1

Location:  Overall project is located between the east side of Old Lynchburg Road and the west side of Route 20; adjacent and to the south of the Mill Creek subdivision, adjacent and to the west of the intersection of Avon Street, Extended and Route 20.  This crossing is located at the northern end of the project, approximately 0.43 mile east of Route 631 (Old Lynchburg Road)

Conditions:  Yes

Existing Zoning and By-right use:  NMD – Neighborhood Model District; FH Flood Hazard Overlay District – agricultural, recreational, and utility location uses which will not pose a danger to life or property in the event of a flood; EC Entrance Corridor Overlay District – overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access; all uses permitted by right in the underlying districts

Magisterial District:  Scottsville

Requested # of Dwelling Units:  N/A

 

DA (Development Area): X

RA (Rural Area):   

Proposal: The applicant proposes to install a span crossing within the floodplain to serve the northern entrance to the proposed Biscuit Run Community (ZMA 2005-17).

Comprehensive Plan Designation:  Neighborhood Density Residential – residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses.

Character of Property:  The immediate vicinity of the project area is currently wooded and undeveloped.

Use of Surrounding Properties:  Single family residential, mobile home complex, school, recreation, and farm land/open space.

Factors Favorable: 

1.    No impact to neighboring properties is expected as a result of this special use permit

2.   No significant increase in flood levels will result from the installation of the new crossing.

 

Factors Unfavorable: 

Staff has not identified any factors which are unfavorable to this request.

RECOMMENDATION: Staff recommends approval with conditions.



 

PETITION:

PROJECT: SP 2006-2 Biscuit Run Stream Crossing (Northern)

PROPOSED:  The applicant proposes to install a span crossing within the floodplain to serve the northern entrance to the proposed Biscuit Run Community (ZMA 2005-17).

ZONING CATEGORY/GENERAL USAGE: NMD – Neighborhood Model District; FH Flood Hazard Overlay District – agricultural, recreational, and utility location uses which will not pose a danger to life or property in the event of a flood; EC Entrance Corridor Overlay District – overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access; all uses permitted by right in the underlying districts

SECTION: Section 30.3.05.2.1(2) of the Zoning ordinance

COMPREHENSIVE PLAN LAND USE/DENSITY:  Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses.

ENTRANCE CORRIDOR: Yes_X_No____   Location:  Overall project is located between the east side of Old Lynchburg Road and the west side of Route 20; adjacent and to the south of the Mill Creek subdivision, adjacent and to the west of the intersection of Avon Street, Extended and Route 20.  This crossing is located at the northern end of the project, approximately 0.43 mile east of Route 631 (Old Lynchburg Road)

TAX MAP/PARCEL:   90A-3 and 90A1-1

MAGISTERIAL DISTRICT:  Scottsville

 

CHARACTER OF THE AREA:  The site is undeveloped and wooded.   

 

SPECIFICS OF THE PROPOSAL:  A special use permit is being requested for fill in the floodplain to install a new stream crossing of Biscuit Run.  The new stream crossing will serve the northern entrance to the Biscuit Run Community.  The new crossing will utilize a bridge span to minimize impacts to the stream channel (see Attachment D for photo of crossing area).

 

The 2005 FEMA Flood Study and Maps included this stream in the “detailed study” and the Base Flood Elevations were determined.  According to this study the 100-year flood elevation at the location of the crossing is base flood elevation 395.3.  With the addition of the new span crossing and fill the new base flood elevation will be 395.4 (see Attachment C).  This increase of 0.10 foot is not significant.

 

The new crossing will be located within the vegetative stream buffer for Biscuit Run required by Section 17-317 of the Water Protection Ordinance.  The applicant has proposed to mitigate these impacts as required under Section of 17-322 of the Water Protection Ordinance through restoration of riparian areas along a tributary to Biscuit Run, where County staff identified the need for buffer restoration. 

 

 

PLANNING AND ZONING HISTORY:

On September 12, 2007 the Board of Supervisors approved a rezoning request for the proposed Biscuit Run Community.  The concept plan associated with this rezoning illustrates this crossing of Biscuit Run as the northern of three crossings to serve the proposed Biscuit Run development (see Figure 1 – crossing locations circled in red).

 

Conformity with the Comprehensive Plan: 

The Open Space and Critical Resources Plan, a component of the Comprehensive Plan, identifies many important resources located on the entire Biscuit Run property.  In addition, the Stormwater Master Plan, also a component of the Comprehensive Plan, identifies this portion of Biscuit Run as “community and private use/trails” which is the second highest County stream ranking, indicating that the area has some habitat and natural aesthetic values.  The expectation by the Open Space Plan and the Stormwater Master Plan is that the stream corridor should be managed to accommodate development objectives while also preserving habitat and water quality.  By utilizing a span bridge crossing, impacts to the stream channel and adjacent wetlands will be minimized.

 

Figure 1

 

STAFF COMMENT: 

Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance

 

31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property,

The County Engineer and engineering staff have reviewed the applicant’s proposal, and concur with the applicant’s conclusion that the installation of the new span crossing will not result in a significant increase in the 100-year flood elevation and will not detrimentally affect adjacent properties, existing development, or planned development.

 

that the character of the district will not be changed thereby and

The proposed stream crossing is interior to the project site and is not expected to be visible from the entrance corridor.

 

that such use will be in harmony with the purpose and intent of this ordinance,

The Flood Hazard zoning has the purpose and intent of restricting development in the floodplain which may result in danger to life and property, public costs for flood control measures, public costs for rescue and relief efforts, soil erosion and sedimentation, pollution of water resources, and general degradation of the natural and man-made environment.  The span crossing’s minimal impact to the 100-year flood elevation is in harmony with the Flood Hazard overlay zoning.

  

with uses permitted by right in the district,

The installation of a stream crossing to provide access to a planned development would appear to be in harmony with the other uses permitted by right in the district.

 

with the additional regulations provided in section 5.0 of this ordinance,

There are no supplementary regulations relating to the placement of fill in the floodplain for a stream crossing in Section 5.0 of the Zoning Ordinance. 

 

and with the public health, safety and general welfare.

The installation of a new span crossing will not significantly raise the 100-year flood elevation and will not detrimentally affect adjacent properties. 

 

SUMMARY:

Staff has identified the following factors which are favorable to this request:

 

1.  No impact to neighboring properties is expected as a result of this special use permit

2.  No significant increase in flood levels will result from installation of the new crossing.

 

Staff has not identified any factors which are unfavorable to this request.

 

 

RECOMMENDED ACTION:

Staff recommends approval of the request with the following conditions:

 

1.      The applicant must obtain a map revision, letter of revision, or letter of amendment as required from the Federal Emergency Management Agency (FEMA) and copy the County Engineer on all correspondence.

2.      Army Corp of Engineers, Virginia Department of Environmental Quality, and other necessary state and federal agency approvals must be obtained prior to issuance of grading permits for construction of the new stream crossing and approaches.

3.      County approval of road and bridge plans for the crossing to be in accord with the application plan, as determined by the County Engineer.

4.      County approval of a grading and an erosion and sediment control plan prior to the issuance of a grading permit for construction of the new stream crossing and approaches.

5.      County approval of a stream buffer mitigation plan prior to the issuance of a grading permit for construction of the new stream crossing and approaches.

6.      Grading within floodplain shall be confined to the minimum necessary to construct the bridge.  Changes in final design of the bridge, such as use of a longer span, are acceptable if the changes reduce impacts to the floodplain, in the opinion of the County Engineer.

 

ATTACHMENTS:

Attachment A - Location Map

Attachment B – Proposal from applicant

Attachment C – Cross Section for northern crossing

Attachment D – Photo of northern crossing area

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