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Topic Description:
The purpose
of this request is to obtain rezoning approval for 9.6 acres
from Rural Agricultural (RA) to Industrial-General (I-2).
The purpose is to allow the continued use of existing
commercial wash bays, the filling of propane tanks, as well
as the rental of ten (10) buildings to accommodate other
various businesses. The property is located on the
southeast side of Ritchie Road (Route 644). The entire
property is within the 100-year floodplain. Two structures
have a Letter of Map Amendment (LOMA) from Federal Emergency
Management Agency (FEMA) that removes them from the
floodplain.
This site
has been in violation for several years. During this time,
staff has worked with the applicant to encourage him to
secure necessary approvals to authorize the various uses
located on his property. During the past year, the
applicant has added new industrial tenants (businesses) to
his property and thus, increased his zoning violations. The
Fauquier Feed Supply business continues to operate and
provide service. In January 2004, a rezoning application
was received and the Planning office has been diligently
working with the applicant since that time.
Staff
reviewed the uses at the site and compared them to various
zoning categories; Commercial-Highway (C-2), Industrial Park
(I-1), Industrial General (I-2) to see where the existing
uses fit. No category allowed for all of the existing
uses. Additionally, almost all of the current uses require
site plan, special permit and building permit approvals, as
well as various requirements related to construction,
stormwater management and landscaping. One of the
structures does not meet setback requirements; however, the
applicant said that he can adjust his boundary line with the
adjacent neighbor to remedy this issue.
The
applicant’s entire property is within the designated
100-year floodplain. However, there are two structures on
the site that have a LOMA from FEMA that removes them from
the floodplain. The Zoning Ordinance significantly
restricts permitted uses, for example, to farming uses,
outdoor nurseries, parks, nature preserves, accessory and
pervious parking, and Type II and Type III private streets.
The Ordinance specifically prohibits the placement of any
structure within the floodway. Within the 100-year
floodplain, there are very limited uses allowable through
the Special Exception process. Examples would be public
facilities, streets, sand and gravel extraction and the
storage of materials and equipment.
On June 21,
2004, the Planning Commission forwarded this application
with a motion for approval with a recommendation that the
Board of Supervisors approve the rezoning only if the
applicant has, prior to the vote of the Board, provided a
suitable floodplain study and proffer statement. The study
must demonstrate that the proposed industrial zoning is
feasible on the subject property and that the property has
suitable land outside the 100-year floodplain to make the
actual rezoning to I-2 feasible. The proffer statement must
be limited to the lawfully permissible existing uses allowed
in I-2 zoning, as well as eliminate the following uses:
1.
Motor vehicle freight terminal
2.
Auto body painting establishment
3.
Motor vehicle impoundment
4.
Bottling plant
5.
Stone monument processing
6.
Sawmills
7.
Warehousing, including moving and storage
establishments; and
Require Special Permit approval for the following normally
permitted uses:
1.
Wholesale trade establishments
Staff notes
that the applicant completed a Letter of Map Amendment
(LOMA) for his property in the mid 1990s. This allowed for
two (2) structures to be removed from the floodplain: the
silos and grain bins. Since March, staff has advised the
applicant to conduct a floodplain study to determine if the
remainder of the property can be removed from the
floodplain. To date, the applicant has not agreed to the
study. It is important to note the differences between the
LOMA and a floodplain study (Letter of Map Revision –
LOMR). Both processes are conducted through FEMA.
The LOMA process requires the applicant to produce a plat
map, elevation certificate (from a licensed surveyor) and a
completed FEMA LOMA application. Then FEMA uses the 1%
flood map existing data to determine if the lowest
elevations on the property are within (or out of) the 1%
flood area. If a structure is out of the 1% area, a LOMA
can be obtained for that structure. It is important to note
that the LOMA is specific to existing structures only and a
base flood elevation must be established (either by existing
FEMA maps on which detailed studies of stream data is
available or by a consulting engineer’s estimates, based on
approved practices).
A LOMR is more representative of a floodplain study and
would provide data to support a revision to the current FEMA
floodplain map. This process requires the applicant to
produce hydrological and hydraulic modeling (from a licensed
civil engineer), the revised floodplain map delineated on
detailed topographic mapping, and a completed FEMA LOMR
application. This material must first be submitted to the
County Engineer for approval and then to FEMA for final
processing. The LOMR required hydrologic/hydraulic modeling
estimates peak flood flows at significant locations within a
watershed or for a specific portion of a creek/stream to
determine if a parcel or area is truly within the
floodplain. Surface flow direction and accumulation can
also be estimated based on topography. Variables in land
use and infrastructure can be accounted for in a model
(i.e., new bridges, culverts, roads, fill).
About 90% of the flood data in the county is not detailed
with flood elevations. This situation is also the case on
the applicant’s property. The parcel is identified with
Approximate Zone A designation, which implies that some
level of engineering analysis will be required. Because a
LOMA has been issued in that area previously, the
engineering data may be less difficult to generate, since
FEMA has reviewed and approved this flood estimation data
once before.
The applicant must request that for this application to be
postponed to allow for adequate time to conduct a floodplain
study for the LOMR process. If the applicant does not opt
to conduct a floodplain analyses, the current FEMA
floodplain map is the data that must be used. This map
shows the entire parcel to be in 100-year floodplain and
therefore, the uses that are not in compliance would have to
cease.
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