COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

SP 2007-058 SOCA Fill in the Floodplain

 

SUBJECT/PROPOSAL/REQUEST:

Request to grade in the floodplain for soccer fields and associated parking

 

STAFF CONTACT(S):

Cilimberg, Echols

 

LEGAL REVIEW:   NO

 

 

AGENDA DATE:

May 14, 2008

 

ACTION:     X          INFORMATION: 

 

CONSENT AGENDA:

  ACTION:             INFORMATION: 

 

 

ATTACHMENTS:   YES


 

BACKGROUND: 

On April 22, 2008, the Planning Commission held a public hearing on the special use permit request for fill in the floodplain for soccer fields and parking for SOCA at Belvedere.  The Planning Commission recommended approval with conditions.  The staff report is Exhibit A-1. Exhibit B-1 contains the action memo from the Commission.

 

DISCUSSION:

Since the Planning Commission meeting, the applicant has requested that the time period to begin construction be extended from 2 years to commence construction to 8 years to allow for raising the money for construction.  This issue did not come up at the Planning Commission meeting.  Staff has analyzed this request carefully, since staff has never recommended more than an extension of up to 5 years to commence construction for a special use for a not-for-profit. In all circumstances in which an extension is requested, staff looks at the potential impact of extending a use where County regulations or expectations may change in the future.   For fill in the floodplain at this location, the County Engineer has said that the likelihood a greater impact on the floodway is minimal.   Staff also notes that the Board of Supervisors recently granted a 10 year period to commence the use to Emmanuel Episcopal Church.

 

RECOMMENDATIONS:

Staff recommends approval of SP 2007-058 with the conditions below:

 

1.       The fill in the floodplain shall be as shown generally on the plan entitled, “Belvedere SOCA Special Use Permit:  Flood Plain Fields” prepared by McKee Carson and last dated March 25, 2008.

2.       If required by the Federal Emergency Management Agency (FEMA), the applicant shall obtain a map revision, letter of revision, or letter of amendment.   The County Engineer shall be copied on all correspondence related to changes to the floodplain.

3.       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.

4.       Natural Resources Manager approval of a stream buffer mitigation plan prior to the issuance of a grading permit prior to placement of any fill in the floodplain, and County approval an erosion and sediment control plan prior to the issuance of a grading permit for placement of any fill in the floodplain.

5.       The 700’-long section of dry-stone wall bounding the inner edge of the floodplain west and northwest of the proposed flood plain fields as identified in the Phase I Archaeological Survey and Geoarchaeological Investigation in Two Portions of the Belvedere Development Property, Albemarle County, Virginia dated February 6, 2008, shall be retained and preserved. The wall shall be clearly identified and labeled on the plan of development. The 50’ at the northern end of the wall may be disturbed for the proposed road construction as currently illustrated on the plan. The stone that is disturbed by the road construction shall be used to repair remaining portions of the wall or to extend the wall at its south end. A plan detailing the proposed re-use of the stone shall be submitted for review and is subject to the approval of the Director of Planning prior to the commencement of road construction. Methods for protecting the remaining wall during construction and for preserving the remaining wall following construction shall be submitted for review and are subject to the approval of the Director of Planning prior to the commencement of road construction.

6.       Additional archaeological testing, as recommended in the Phase I Archaeological Survey and Geoarchaeological Investigation in Two Portions of the Belvedere Development Property, Albemarle County, Virginia dated February 6, 2008, shall be conducted to more fully assess the extent of cultural resources in Area B of the Belvedere project area. Based on the findings of this additional testing, additional archaeological studies and/or treatments may be required. The additional testing shall be conducted by a qualified archaeologist who meets the qualifications set forth in the Secretary of the Interior’s Professional Qualification Standards. Additional studies required as a result of the findings of the testing shall be completed prior to disturbance of the site. Treatments required as a result of the findings of the testing shall be outlined in a treatment plan that is subject to approval of the Director of Planning.

7.       Construction of the fields and parking lot shall commence on or before May 14, 2016, or this special use permit shall be deemed abandoned and the authority granted hereunder shall thereupon terminate;

 

ATTACHMENTS:

EXHIBIT A-1:     Planning Commission Action Memo for April 22, 2008

EXHIBIT B-1:     Staff Report dated April 22, 2008

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