PUBLIC HEARING AGENDA REQUEST

Owner/Applicant:                                          Board of Supervisors Meeting Date:

William Fralin, P.C. and Gladys M. Joseph, Trustees                           August 18, 2003
Richard and Margie Stanley, Owner
Cecil and Rebecca Campbell, Owner
Shenandoah Development, LLC, Applicant

Staff Lead:                                                                                            Department:

Robert C. Counts                                                                   Community Development

Magisterial District: Scott                                                                             PIN(s):

Service District: New Baltimore                  7906-83-2379-000, 7906-82-0818-000,

                                                                    7906-82-6836-000, 7906-83-8247-000,

                                                                                                      7906-93-1223-000

Topic: A Resolution Approving SE03-S-30: A Category 23 Special Exception to Allow the Crossing of a Floodplain to Provide Site Access, Shenandoah Development, LLC, Applicant

Topic Description:

The Applicant intends to develop the subject property as a community retail center. Two access points are proposed: an entrance from south off Route 600 ( Broad Run Church Road ), and another from the north off of Route 29.  Access from Route 29 requires the crossing of a minor tributary and the associated floodplain.

Land Area, Location, Zoning, and Neighboring Land Use:

The property, consisting of ± 4.86 acres, is located between Route 29 and Route 600. Its northern access point fronts on Route 29, approximately one-third of a mile east of its intersection with Route 600. The property’s southern boundary fronts on Route 600, at a location approximately one-half of a mile from its intersection with Route 29/211. The majority of the property is zoned for Highway Commercial (C-2). The frontage on Route 600 is zoned Residential, R-1.

The property is bordered on the east and west by other properties zoned C-2 and developed in highway commercial uses. Properties to the south are zoned and developed in the R-1 district. The property to the north, across Route 29/211 is zoned Rural Agriculture (RA) and is currently in use as a golf practice facility.  

The following aerial photograph shows the property location and the proposed use.

 

Action Requested of the Board of Supervisors:

The Board of Supervisors is requested to conduct a public hearing on SE03-S-30 and consider adoption of the attached resolution.

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

Both the current zoning and the uses proposed by the Comprehensive Plan support the Applicant’s proposed retail center. The requested Special Exception for a floodplain crossing is incidental to this proposed use.  

Requirements of the Zoning Ordinance

Section 5-2301 of the Zoning Ordinance provides the following standards for all Category 23 uses:

  1. No such use shall cause an increase in the level of flooding or velocity of floodwaters.
  2. No such use shall create a potential hazard of debris subject to movement by floodwaters, which might cause damage downstream.
  3. The applicant shall have obtained and shall present evidence attesting any applicable approvals by State and Federal authorities concerning such a use.
  4. 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.

5.      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.

  1. 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.
  2. 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.

Engineering Considerations

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

  1. The applicant should be required to obtain a Conditional Letter of Map Revision (CLOMR) from FEMA for the culvert installation prior to final construction plan approval.  The applicant should also be required to process a LOMR upon completion of the culvert installation.
  2. The proposed stream relocation may require permits from DEQ, DCR, VMRC and the U.S. Army Corps of Engineers. Evidence of applicable permits will be required prior to final construction plan approval.
  3. 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 and/or velocities, on adjacent properties.
  4. Wetlands delineation should be verified by U.S. Corps of Engineers prior to final construction plan approval.
  5. VDOT should be consulted about this entrance location and separation distances from adjacent crossovers.

Soils/Environmental

The County Soil Scientist’s analysis identifies the soil mapping unit 78A (Dulles Silt Loam) as being prevalent on the site, particularly in the area of the proposed floodplain crossing. The report indicates that this soil type often has wetlands associated with it and questioned whether any wetlands delineations had been performed on the site. The Applicant has responded by providing a wetlands delineation map showing no adverse impact on wetlands in the vicinity of the proposed crossing. However, this determination has not yet been verified by the U.S. Army Corps of Engineers. Such verification will be required prior to approval of final construction plans.

Summary and Recommendation:

The proposed use of the floodplain to gain access to the property from Route 29/211 does not appear to impose an increased incidence of flooding, increase in the velocity of floodwaters, or any other related hazard to adjacent property owners. Also, pending verification by the U.S. Army Corps of Engineers, the proposed floodplain crossing does not appear to negatively impact any wetland areas. Accordingly, the Planning Commission has forwarded SE03-S-30 to the Board of Supervisors with a recommendation of approval subject to the following conditions:

  1. The applicant shall be required to obtain a Conditional Letter of Map Revision (CLOMR) from FEMA for the culvert installation prior to final construction/site plan approval. 
  2. The applicant shall also be required to process a LOMR upon completion of the culvert installation.
  3. The proposed stream relocation may require permits from DEQ, DCR, VMRC and the U.S. Army Corps of Engineers. Evidence of applicable permits will be required prior to final construction/site plan approval.
  4. 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 and/or velocities, on adjacent properties.
  5. Wetlands delineation shall be verified by U.S. Corps of Engineers prior to final construction/site plan approval.
  6. The Applicant shall obtain VDOT approval of entrance locations, line of sight, and separation distances prior to final construction/site plan approval.
  7. This Special Exception only reflects an authorization to cross a floodplain at the location identified on the Special Exception Plat. Approval of the Special Exception does not infer approval of any other development proposals, explicit or implied, that may be shown on the Special Exception Plat.

Attachments:

  1. Special Exception Plat
  2. Approval Resolution