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HomeMy WebLinkAboutSP201100011 Legacy Document 2012-08-09COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP 2011 - 00011, Lewis Bridge Staff: Glenn Brooks Planning Commission Public Hearing: Board of Supervisors Public Hearing: Owners: Hunter Lewis Applicant: Hunter Lewis, David Wyant Acreage: NA Special Use Permit (SP 2011 - 00011): Doyles river bridge crossing for a driveway, with fill for abutments, under sections 30.3.03.2, 30.3.05.2.1, 303.3.05.2.2, and 30.5.5.2d6 of the zoning ordinance TMP: TM 27, Parcel 6B Existing Zoning and By -right use: Rural Areas (RA) Location: Rt. 810, Browns Gap Turnpike Magisterial District: Whitehall Conditions: Yes Proposal: To build a driveway crossing to access Requested # of Dwelling Units: NA property Development Area: NA Comprehensive Plan Designation: Rural Areas. Character of Property: Wooded mountainous Use of Surrounding Properties: Rural residences and rural property with river and floodplain, used for farms. residential. Factors Favorable: Factors Unfavorable: Safe access to property. Impact to the Doyles River floodplain and WPO buffer RECOMMENDATION: Staff recommends approval with conditions. STAFF: Glenn Brooks PLANNING COMMISSION DATE: 31 July 2012 BOARD OF SUPERVISORS DATE: TBD SP 2011 -00011 Lewis Bridge PETITION PROJECT: SP2011- 00011, Lewis Bridge PROPOSED: Special Use Permit for Doyles river bridge crossing for a driveway, with fill for abutments ZONING CATEGORY /GENERAL USAGE: RA -Rural Areas, residential and agricultural SECTION: 30.5.5.2.d.6 Flood Hazard Overlay, and sections 30.3.03.2, 30.3.05.2.1, 303.3.05.2.2 COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - agricultural and residential ENTRANCE CORRIDOR: No LOCATION: Rt. 810, Browns Gap Turnpike TAX MAP /PARCEL: 27 -6B MAGISTERIAL DISTRICT: Whitehall CHARACTER OF THE AREA Wooded maintain side, river and floodplain. Rural agricultural land. SPECIFICS OF THE PROPOSAL This proposal is to build a bridge of concrete abutments and walls, steel beams and wooden decking. PLANNING AND ZONING HISTORY CONFORMITY WITH THE COMPREHENSIVE PLAN This residential driveway conforms to the comprehensive plan. STAFF COMMENT Regarding the provisions of Sections 31.6.1 and 30.5.5.2d6 of the Zoning Ordinance, staff notes the following; 31.6.1: Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby, This is a new bridge for a driveway crossing. It will change the character of the district only in that it will add another crossing of the Doyles River, adding to the proliferation of such crossings from Rt. 810. It will be similar to the existing crossing upstream, a photo of which is attached. An analysis of the affects on the floodplain shows that there will be no significant impacts to adjacent property, and that flood levels will increase slightly in the vicinity of the new bridge. Attached are some sketches from the applicant. and that such use will be in harmony with the purpose and intent of this ordinance, The ordinance anticipates this use in 30.5.5. with the uses permitted by right in the district, This is a residential driveway permitted by- right. with additional regulations provided in section 5, Section 5 does not appear applicable in this case and with the public health, safety and general welfare. The proposed bridge has great impact on general public health, safety or general welfare. The floodplain model appears to predict a slight increase in flood levels (approximately half a foot) on Rt. 810 next to the bridge. 30.5.5.2d6: Bridges, causeways and other similar structures designed for pedestrian and /or vehicular access; provided that the board of supervisors shall find, by clear and convincing evidence, in addition to the findings required by section 31.2.4.1, that: (a) such bridge or other structure is to be located at the site of an existing bridge, ford or other stream crossing; This property does not have an existing ford or other stream crossing in this area, though there may have been such sites some time in the past. Access to this property is currently through parcel 27 -6A off Blufton Road. (b) such existing crossing is regularly used, and such bridge or other structure is to be used, as to the sole means of access to one or more existing, lawfully occupied dwellings; This is proposed to be a residential lot. (c) no alternative means of access to such dwellings is physically practicable Alternative access would have to be through other property. (d) no such alternative means of access has been abandoned, aliened or otherwise relinquished by the voluntary act or omission of the owner of the land upon which such dwellings are located since December 10, 1980; This is not known. (e) such bridge or other structure is necessary to prevent, eliminate or substantially alleviate a hazard to the life or property of any resident of the county; This crossing will improve the safety of the future driveway (f) such bridge or other structure is so designed as to pose the minimum practical disruption of the environment of the stream consistent with the other provisions hereof; and This bridge appears to be placed at a natural constriction in the river on one side, opposite from Rt. 810, where a large outcropping of rock sits above the riverbed. (g) such bridge or other structure shall comply with all applicable state and federal law including, but not limited to, Chapters 3.5, 7, 8, 9 and 20 of Title 62.1 of the Code of Virginia (1950), as amended, to the extent that any or all of the same may be applicable in a particular case. (Added 1- 19 -83) None appear to be applicable; Chapter 3.5 - "Flood Damage Reduction Act ", Chapter 7 - "Water -Power Development, Conservation of Hydroelectric Power Dams and Works ", Chapter 8 - "Impoundment of Surface Waters ", Chapter 9 - "Mills, Dams and Certain Other Works on Watercourses ", 20 - "Miscellaneous Offenses" (such as dumping garbage) SUMMARY Staff has identified the following factors that are favorable: 1. The new bridge will allow a safe river crossing to be installed on the property. Staff has identified the following factors that are unfavorable to this request. 1. The bridge abutments will create a permanent constriction in the floodplain of the river. 2. The bridge and driveway will create a permanent loss of the WPO buffer. 3. The bridge will slightly increase flood levels on Rt. 810 adjacent to the bridge. RECOMMENDED ACTION Staff recommends approval of the special use permit with the following conditions: 1. The applicant shall obtain approval from FEMA for changes to the floodplain, and update the FEMA maps. This shall include FEMA's conditional approval prior to the start of construction. 2. The applicant shall obtain County Engineer approval of plans for the bridges and abutments prior to the start of construction. 3. The applicant shall obtain Program Authority approval for an erosion and sediment control plan, and obtain a land disturbance permit according to the Water Protection Ordinance requirements prior to the start of construction, regardless of whether the project exceeds the minimum disturbance limits. 4. The applicant shall obtain all necessary federal and state agency approvals prior to the start of construction (Army Corps of Engineers, Department of Environmental Quality, etc.). 5. The applicant shall obtain Program Authority approval of a mitigation plan prior to the start of construction, and provide mitigation according to the Water Protection Ordinance. ATTACHMENTS A. LewisBridgeExhi bits. doc -- Document containing site map, bridge plan and photo of location and similar proposed bridge.