PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

Fauquier 904, Inc.

June 21, 2004

Staff Lead:

Melissa Dargis, Assistant Chief of Planning

Department:

Community Development

Magisterial District:

Cedar Run

PIN:

7848-48-4521-000;   7848-39-6484-000; 7849-20-4323-000;   7849-20-8866-000; 7849-31-2378-000;   7849-31-5944-000; 7849-32-5649-000;   7849-33-8392-000; 7849-44-4073-000;   7849-54-6276-000; 7849-64-4262-000;   7849-74-2019-000; 7849-73-6267-000;   7849-72-9417-000; 7849-92-0229-000 & 7849-70-4823-000

Topic:

A Resolution to Deny SPEX04-CR-016, A Category 23 Special Exception to Allow for the Relocation of a Previously Approved Floodplain Crossing

Topic Description: 

The purpose of this Special Exception is to obtain approval for the relocation of a previously approved floodplain crossing.  The property is located southwest of the intersection of Courthouse Road (Route 609) and Brent Town Road (Route 612).  This floodplain crossing is for the construction of a private road to serve the approved large lot subdivision of Seneca Lake Estates.

On March 25, 2004, the Planning Commission held a public hearing on the application and deferred the application for 30 days to allow time for the applicant to consult with the Virginia Department of Conservation and Recreation (DCR).  The Applicant has since had the required geotechnical analysis performed on the dam and also prepared a report with recommendations for structural improvements.  The results of this study complete the DCR application package.  The Applicant submitted the DCR application package on April 21, 2004 and said that Dianna Sheesley, P.E. of DCR had visited the site.  The Planning Commission continued and then closed the public hearing on April 29, 2004.  Since that time, the Applicant has not provided any update on the project.  Staff has spoken with DCR and discussed the application.  There will be repairs required and DCR is working on conditions of approval.  The Applicant is required to meet the conditions before the state will accept the dam into its system. 

The Applicant’s representative requested of the Planning Commission that action be taken for their request to be approved with the following condition imposed.

"No site plan, grading, or other permit approval, requisite to beginning construction of the Spine Road crossing of the flood plain authorized by this Special Exception, shall be granted nor shall the construction of said crossing begin, until the Property Owner and/or Applicant has brought the dam into compliance with state dam regulations as determined by the Commonwealth of Virginia Department of Conservation and Recreation or such other successor state agency as shall have the jurisdiction to make such determination."

The same action if now requested of the Board.  The Applicant stresses that the Special Exception can not and will not be implemented prior to the dam being brought into compliance with state regulations.  Staff notes that because we have not received the Applicant’s DCR review at this time, it is not advisable to proceed with approval on this item.

Requested Action of the Board of Supervisors:

Hold a public hearing and consider adoption of the attached resolution.

Financial Impact Analysis:

None.

Planning Commission Recommendation:

After several public hearings, the Planning Commission has recommended the Board of Supervisors deny Special Exception SPEX04-CR-016 that would allow for the relocation of a previously approved floodplain crossing.

Land Area, Location and Zoning:

The property is located southwest of the intersection of Courthouse Road (Route 609) and Brent Town Road (Route 612).  The property is zoned Rural Agricultural (RA).  A map of the property is shown below.

Neighboring Zoning/Land Use:

The property is zoned RA (Agricultural) and is surrounded by RA property with the prevailing land use in the area being farming or residences.  Three of the parcels within the subdivision also are adjacent to RA land that is part of the Southern Fauquier Agricultural and Forestal District.

Staff Analysis:

Staff and the appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are summarized below. The actual responses from referral agencies are included as attachments.

Engineering Considerations

The Engineering Division has reviewed the above referenced plan and has provided the following comments:

1.      This dam appears to be in excess of 25’ tall and therefore falls under the jurisdiction of the State. Provide a copy of the Operation and Maintenance Certificate issued by the Virginia Soils and Water Board. Installing the road just below the dam may also change the dam classification which may require upgrades. Contact Dianna Sheesley, P.E. (540) 351-1587, from the Department of Conservation and Recreation for more information.

The Applicant is working with Dianna Sheesley of DCR and submitted the required application to DCR for review on April 21, 2004.

Summary and Recommendations:

Staff recommends that the Board of Supervisors either postpone action, through the consent of the Applicant or deny the proposal since the Applicant has not provided any documentation of response from DCR regarding their application for dam status or information on any required repairs.  The Applicant must provide the DCR Operation and Maintenance schedule to staff along with their proposed method and timeframe for repairs.  These conditions (from DCR) will be a requirement of approval for the Special Exception.  Additionally, the DCR certification is not valid until the conditions of approval (from DCR) are met.  Generally applicants have two years to complete the required repairs.

Staff has spoken with DCR and noted that there are several items associated with the dam that will require repair.  There was observed seepage at the toe of the slope and all of the trees on the dam need to be removed.  A pavilion is within the emergency spillway and must be removed.  The new proposed floodplain crossing (road) is too close to the spillway and any repairs or re-grading of the dam slope may also shift the road.  These modifications will likely effect the location of the road and staff cannot adequately evaluate the proposal without more information from the Applicant.  Staff has spoken with the Applicant to urge them to prepare for this agenda item, but the Applicant has not provided a response.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Fauquier County Department of Community Development

Virginia Department of Conservation and Recreation