Board of Supervisors Meeting Date: 

W.C.L. Jamison and Thelma H. Jamison, Trustees

July 15, 2002

Staff Lead:


Elizabeth A. Cook

Community Development



The applicants are requesting special exception approval pursuant to Zoning Ordinance Category 23 Floodplain Uses, for disturbance in the floodplain to permit the construction of two road crossings and other grading in association with proposed recreational uses in a floodplain of Mill Run and an unnamed tributary of Mill Run.  As proposed, the two road crossings will provide for internal connectivity for the proposed development.  With the current subdivision design all lots have access to both Route 29 and Baldwin Ridge Road.  Included as Attachment 2 is a reduction of the special exception plat.

On May 20, 2002, the Board of Supervisors approved the companion preliminary plat for this proposed 103-lot residential subdivision.  The property is located on the southeast side of Route 29, approximately 4,000 feet north of the intersection of Route 29 and Route 605.  Baldwin Ridge Road (Route 673) is the northern property boundary.  The property is immediately adjacent to the Lake Whippoorwill subdivision to the west.


Planning Commission Review


The Planning Commission held a public hearing on this matter on April 25, 2002, and, on May 30, 2002, voted to recommend approval subject to the following conditions:

1.      The special exception is granted for and runs with the land indicated in this application and is not transferable to other land.

2.      This special exception is granted only for the purpose(s), structure(s) and/or uses indicated on special exception plat approved with the application, as qualified by these development conditions.

3.      With respect to the floodplain conditions, any final subdivision plat submitted pursuant to this special exception shall be in general conformance with the special exception plat dated March 12, 2002.

4.      There shall be no significant increase in flood levels or velocity of floodwaters off-site as a result of this floodplain crossing, as determined to the satisfaction of the County Engineer prior to construction plan approval for any phase of development that requires a floodplain crossing.

5.      Prior to construction plan approval for any phase of the development that involves a floodplain disturbance of a temporary or permanent nature, the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA).  The applicant shall request a final Letter of Map Revision (LOMR) within 90 days of completing construction of the floodplain crossing.  Bonding will be required to cover the amount of the LOMR fee, the as-built plans and any other requirements as outlined in FEMA’s CLOMR. 

6.      The Final Plat for each phase of the subdivision shall show the revised floodplain limits.  In no instance shall more than 25% of any individual residential lot be covered with floodplain.

7.      The final design of the floodplain crossings shall be as indicated in the special exception application, with final design standards, waterway openings, and specifications approved by the County Engineer.  The floodplain crossings shall be designed to incorporate “countersinking technologies” acceptable to VDOT and the County at each crossing location.  The countersunk culvert design shall incorporate a single box culvert that spans, at a minimum, the bed and banks of the existing stream channel.  A multi-cell culvert design is permissible; however, the additional cells must be outside the limits of the natural bed and banks and set at an elevation consistent with the existing overbank regions.  A minimum “countersinking” of one-foot (1’) shall be provided below the existing stream invert.

8.      Any land disturbed within the floodplain shall be stabilized with either temporary or permanent seed in accordance with Virginia Erosion and Sediment Control Regulations.

9.      Prior to the issuance of any land disturbing permits for this project, the applicant shall submit written evidence indicating to the County Engineer that the US Army Corps of Engineers and/or Virginia Marine Resources Commission has approved any disturbance within wetland areas or other regulated waterways.


Requested Action of the Board of Supervisors: 


Hold a public hearing and take action. A resolution for approval as recommended by the Planning Commission is attached for consideration. 


Financial Impacts Analysis:


There was no financial impact analysis required for this request.

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



1.      Resolution of Approval

2.      Special Exception Plat

3.  Staff Memo - May 22, 2002

4.  Revised Proposed Development Conditions

5.    Development Conditions

6.  Staff Report