PLANNING COMMISSION: December 7, 2004
BOARD OF SUPERVISORS: January 5, 2004
SP-2004-040 Mount Fair Farm
THIS IS AN UPDATE TO THE STAFF REPORT PRESENTED TO THE PLANNING COMMISSION ON OCTOBER 26, 2004.
Previously staff had not been able to recommend approval of the request for the following reasons:
1. The applicant has not provided the County with enough information to analyze the impacts to public health, safety and general welfare in terms of post-construction floodplain levels.
Since the October meeting the applicant has submitted information to engineering staff detailing the hydrology, and revising the plan to better delineate buffer areas, and provide sketch plans for the bridge crossings. The applicant has indicated that further information is forthcoming with regard to the hydraulic computations evaluating flood level impacts at the driveway crossings and the dam. Considering the applicant's wish to stay on the current schedule, and the fact that this is an area of FEMA approximated floodplain, for which the applicant is providing more information than was available to FEMA, staff is recommending that the applicant send this information to FEMA and obtain a map revision. With a FEMA map revision, the official flood levels become the new flood levels, and the County Ordinance requirement for no increase in the flood levels is unquestionably met.
2. The location of the driveway and extent of buffer disturbance do not appear necessary for reasonable use of the parcel as a horse farm.
3. The applicant has not provided an alternate design to eliminate unnecessary stream buffer disturbance.
4. The Water Protection Ordinance disallows unnecessary stream buffer disturbance.
At the October meeting the applicant had appealed the Water Protection Ordinance Program Authority’s decision not to allow stream buffer disturbance to the Board of Supervisors. Upon further review, staff determined that the Water Protection Ordinance is not applicable to agricultural uses and so the appeal was not necessary. Therefore the disturbances of the stream buffers shown on the applicant’s plans can be approved as is, but staff recommends that conditions of approval include the review and approval of an erosion and sediment control plan and a stream buffer mitigation plan.
Staff recommends approval of SP-2004-040 with the following conditions:
1. With the exception of all changes that would be required in order to comply with the conditions listed herein, the site shall be developed in general accord with the plans entitled, “Mount Fair; Albemarle County, Virginia; MacFarlane Residence; Whitehall Virginia,” dated revised 11/19/04.
2. Approval and bonding of an erosion and sediment control plan.
3. Approval and bonding of a mitigation plan for buffer disturbance.
4. Federal and state agency approval for stream and wetland disturbances.
5. FEMA approval of a map revision (LOMR or LOMA).
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