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Location, Zoning and
Current Land Use:
The property is located at
9400 Cliff Mills Road. It is zoned Rural Agricultural (RA)
and Rural Conservation (RC). It
is in
agricultural use. A map of the property is shown below:
Surrounding Zoning and
Current Land Use:
Surrounding parcels are
zoned RA/RC and are predominately in agricultural and
forestal uses.
Staff and Review Agency
Comments:
Staff and appropriate
referral agencies have reviewed this request for conformance
with the Comprehensive Plan, the Zoning Ordinance, and other
relevant policies and regulations. Findings, comments, and
recommendations are summarized below. Following each comment
is a staff note in italics stating how the comment has been
addressed.
Planning Office
The applicant has met the
requirements of the Zoning Ordinance Section
5-006, General Standards for
Special Exception Uses. General standards for all Special
Exceptions require that the proposed use will not adversely
affect the use or development of neighboring properties,
will not conflict with existing traffic, and other such
criteria to protect the surrounding environment. In this
case, the proposed pond will not cause degradation of the
surrounding area or add traffic.
In addition, the applicant
indicates that the
following applicable standards for floodplain uses have been
met with the proposed project:
5-2301 Standards for All Category
23 Uses
1. No such use shall cause
an increase in the level of flooding or velocity of flood
waters.
A drainage study will be
required to demonstrate this standard. A Special Exception
condition has been drafted to that effect.
2. No such use shall
create a potential hazard of debris subject to movement by
flood waters which might cause damage downstream.
A drainage study will be
required to demonstrate this standard. A Special Exception
condition has been drafted to that effect.
3. The John Marshall Soil
and Water Conservation District (JMSWCD) shall be given the
opportunity to comment on such uses.
This application is
exempt from JMSWCD review since it is for agricultural use.
4. The applicant shall
have obtained and shall present evidence attesting any
applicable approvals by State and Federal authorities
concerning such a use.
A Special Exception
condition has been drafted to this effect.
5. Materials and equipment
stored in the floodplain shall not be buoyant, flammable or
explosive, and shall not be subject to major damage by
flooding or such materials and equipment must be firmly
anchored to prevent flotation or movement and/or can be
readily removed from the area within the time available
after flood warning.
Not applicable to this
project.
6. Special exceptions
shall only be issued after the Board of Supervisors has
determined that the granting of such will not result in (a)
unacceptable or prohibited increase in flood heights, (b)
additional threats to public safety, (c) extraordinary
public expense, (d) create nuisances, (e) cause fraud or
victimization of the public, or (f) conflict with local law
or ordinances.
If approved, and
subsequent to the adequate drainage study approval, this
Special Exception will not result in an increase in flood
heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud or
victimization of the public or conflict with local laws or
ordinances.
7. Special exceptions
shall only be issued after the Board of Supervisors has
determined that the special exception will be necessary to
provide the applicant with reasonable use of the parcel of
land in question, taken as a whole.
Due to the volume of
water required for grape and tree crops, the applicant
indicates he needs a pond of this size and in this location.
8. The Zoning
Administrator shall notify the applicant for a special
exception in writing, at the time of filing, that the
issuance of a special exception to construct a structure
below the one hundred (100) year flood elevation (a) will
increase risks to life and property, and (b) will result in
increased premium rates for flood insurance.
Noted.
9.
A record of
the above notification as well as all special exception
actions, including justification for their issuance, shall
be maintained and any special exceptions which are issued
shall be noted in the annual report submitted to the Federal
Insurance Administrator.
Noted.
Engineering
The Engineering Department
has reviewed the above referenced Special Exception to
construct a private pond in the Federal Emergency Management
Agency (FEMA) Zone A floodplain and has the following
comments:
Conditions of Approval
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A drainage study shall
be provided demonstrating that the construction within
the floodplain will not adversely affect the capacity of
the channels of any water course, which would increase
flood heights and/or velocities on adjacent or
downstream properties.
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The applicant shall
assure that all applicable environmental permits have
been acquired. This includes the U. S. Army Corps of
Engineers/Department of Environmental Quality (USACE/DEQ)
permits for disturbance of wetlands or other regulated
waters.
Special Exception
conditions have been drafted to this effect.
Findings
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The proposed dam height
is shown as 14.5 feet. Please be advised that
impounding structures, which have a height greater than
or equal to 15 feet and up to 25 feet, shall conform to
all design criteria listed in the NRCS Pond
Specification Number 378 in accordance with the County
Zoning Ordinance 6-102 #24.
Information for the
applicant.
Zoning
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Zoning Staff confirms
the following:
a. Property is zoned
RA/Rural Agricultural;
b. The proposal to build a
pond, with structures, in the floodplain requires special
exception approval pursuant to §3-323.
2.
The proposed applications for special exception must
be evaluated pursuant to the following standards in the
Zoning Ordinance:
a. §5-006 General Standards for All Special Exceptions;
b. §5-2301 Standards for All Category 23 Uses.
Zoning Staff defers to Planning Staff for the evaluation of
the special exception standards.
See earlier analysis of these standards.
3.
In addition to the standards listed under #2, above,
the proposal is subject to the Use Limitations for all
floodplain uses set forth in §4-407. Staff is unable to
determine whether the proposal meets limitation 3 of this
section, which states:
“Under no circumstances shall any use, activity, and/or
development adversely affect the capacity of the channels or
floodways of any watercourse, drainage ditch or any other
drainage facility or system which would increase flood
heights or velocities.”
The applicant will have to demonstrate compliance with this
limitation through a drainage study, prior to construction
of the pond.
A Special Exception
condition has been drafted to this effect.
4.
A Zoning Permit is required to be approved prior to
pond construction.
Information for the applicant.
5.
Although shown to do so on the plan submitted with
the application, the pond may not meet the Zoning Ordinance
requirement that the pond be located so that the 100-year
flood pool and spillway is located not less than 50 feet
from an adjacent property (§6-102.24(C)). The details shown
on the submitted plan appear in conflict and suggest that
the pond may actually be closer to the northern property
line than shown, given the identified dam and spillway
structures. The plan shows the dam impoundment to elevation
355, and the emergency spillway also located just above
elevation 355, suggesting that the day-to-day pond elevation
will be about 355, with the 100-year flood pool somewhat
higher. However, the pond elevation is shown under 355,
with the 100-year flood pool at 355. It is possible that
the height of the impoundment will need to be lowered in
order to meet the setback requirements.
Proposed condition:
The height of the dam shall be lowered to the extent
necessary to meet the Zoning Ordinance requirement for a
minimum 50 foot setback of the 100-year flood pool elevation
from the property line.
A Special
Exception condition has been drafted to this effect.
Virginia Department of
Health
It appears that dwellings
and their supporting development, such as water wells, and
drainfields/reserves are not affected by this proposal.
The stand-off distance from
impounded waters to drainfield components and reserves is
100 feet.
If there are buildings
served by on-site sewage disposal systems that might be
affected by this stand-off to the proposed pond, they should
be identified on the applicant’s plat to insure the 100 foot
stand-off is met.
Information for the applicant.
Soils
Findings Based on the
Official Soil Survey:
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6% of the site is rated
as prime farmland.
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24% of the site is rated
as statewide important farmland.
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5% of the site has the
potential for hydric soil inclusions, indicating the
possible presence of jurisdictional wetland.
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99% of the site is rated
as “Very Limited” for pond reservoir area, with slope
and seepage as the main limitations.
Information for the
applicant.
Planning Commission Summary
and Action of March 26, 2009:
The Planning Commission
discussed this item at its work session. A public hearing
was held on the application. The applicant’s representative
indicated willingness to comply with revised conditions
related to stream buffers. The application was forwarded
with a unanimous recommendation for approval, subject to
revised development conditions.
Summary and Recommendation:
This application for an agricultural pond in the FEMA
100-year floodplain has met the conditions set forth in
Zoning Ordinance Sections 5-006 General Standards for All
Special Exceptions and 5-2301 Standards for All Category 23
Uses.
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