Owner/Applicant:                                   Board of Supervisors Meeting Date:

BRS, L.C.                                                                                  July 21, 2003

Staff Lead:                                                                       Department:

Robert C. Counts                                                            Community Development

Magisterial District: Lee                                                     PIN(s):

Service District: Bealeton                                                 6899-47-7006-000

Topic: A Resolution to Approve SE03-L-34: a Category 23 Special Exception To Allow the Construction of a Roadway Through a Floodplain, BRS, L.C., Applicant                                                 

Topic Description:

The development plan for the Cedar Brooke subdivision (formerly known at Reynard’s Crossing) calls for a connection to the Bealeton Station development via the existing Station Drive . The plan also calls for the extension of Station Drive across the subject property to intersect with Route 28, thus connecting Routes 28 and 17. A tributary of Marsh Run traverses the Cedar Brooke property. The construction of the Station Drive extension requires the crossing of this tributary and the associated floodplain.

Land Area, Location and Zoning:                               

The property, consisting of approximately 20 acres, is located on Route 28, one-half mile east of the intersection of Route 28 and Route 17. It is zoned for Planned Residential Development (PRD).

Neighboring Zoning/Land Use:

The property is bounded on the north and east by properties in the Rural Agricultural (RA) zoning district. It is bounded on the south by residentially zoned properties (R-1 and R-4), and on the west by property in the PRD district. These properties are mostly undeveloped at this time. The following aerial photograph depicts the subject property, the surrounding area, and the location of the requested floodplain crossing.

Action Requested of the Board of Supervisors:

The Board of Supervisors is requested to conduct a public hearing on SE03-L-34, and consider the recommended resolution of approval.

Staff Analysis:

Staff and 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 Comprehensive Plan

The Applicant’s proposed development is now in the final platting stage. The required rezoning and preliminary plat approvals have been obtained. The project is consistent with both land use and transportation components of the Comprehensive Plan. The requested Category 23 use is incidental to the development of the property and is, therefore, also found to be consistent with the Comprehensive Plan.

Requirements of the Zoning Ordinance

Section 5-2301 of the Zoning Ordinance provides the following standards that are applicable to the proposed Category 23 use:

  • No such use shall cause an increase in the level of flooding or velocity of floodwaters.
  • No such use shall create a potential hazard of debris subject to movement by floodwaters, which might cause damage downstream.

·        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.

  • 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.

Engineering Considerations

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

  1. The soils in the proposed fill area are characterized by hydric soil inclusions. If wetlands exist in this area, evidence of approval of all necessary permits will be required prior to final subdivision approval.
  2. The 100-year ponding created from the road crossing should not encroach on any residential lots.
  3. VDOT should evaluate the possible impact of water ponding against this road embankment from the stormwater maintenance pond to be located adjacent to the extended roadway.
  4. This Special Exception should be limited to the crossing only. The actual pond design has not been reviewed. Typically, VDOT does not allow the 100-year ponding elevation within their ROW. Additionally, VDOT may not want the SWM/BMP control structure within the VDOT ROW.


The County Soil Scientist has reviewed the requested action and has made no findings in opposition to the proposed use.  

 Summary and Recommendation:

Based on the foregoing analysis, the Planning Commission has concluded that the requested action is consistent with the requirements of the Zoning Ordinance. However, the SWM pond shown on the Special Exception plat may require modifications that could also impact that floodplain. The pond design has not been included as part of this review. Therefore, Planning Commission recommends approval of SE03-L-34 subject to the following condition:

This Special Exception shall be limited to only the proposed crossing of the floodplain and fill associated with that crossing. This Special Exception allows no other uses of the floodplain.


1.      Special Exception Plat

2.      Approval Resolution