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Home My WebLink AboutSP201200018 Staff Report 2012-11-08COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP 2012 - 00018, WPO 2012 -75, Staff: Glenn Brooks Castle Hill Cider Stream Crossing Planning Commission Public Hearing: Board of Supervisors Public Hearing: Owners: Route 231 LLC Applicant: Route 231 LLC Acreage: 125.4(82) +185(B1) Special Use Permit (SP 2011 - 00011): Culvert crossing over Turkey Sag Creek, under sections 30.3.03.2, 30.3.05.2.1, 30.3.05.2.2, 30.3.07 of the zoning ordinance, and sections 320 and 308 of the Water Protection Ordinance TMP: TM 49, Parcels 18131 and B2 Existing Zoning and By -right use: Rural Areas (RA) Location: Rt.640 Magisterial District: Rivanna Conditions: Yes Proposal: To obtain approval for a previously Requested # of Dwelling Units: NA constructed driveway crossing Development Area: NA Comprehensive Plan Designation: Rural Areas. Character of Property: Rural estate property with Use of Surrounding Properties: Rural residences and managed fields and floodplain. farms. Factors Favorable: Factors Unfavorable: Improved stream crossing for driveway Small impact to the Turkey Sag Creek floodplain and WPO buffer RECOMMENDATION: Staff recommends approval with conditions. STAFF: Glenn Brooks PLANNING COMMISSION DATE: 2012 BOARD OF SUPERVISORS DATE: 2012 SP 2012 -00018 Castle Hill Cider Stream Crossing PETITION PROJECT: SP2012- 00018, WP02012 -75, Castle Hill Cider Stream Crossing PROPOSED: Special Use Permit for an improved driveway crossing of Turkey Sag Creek ZONING CATEGORY /GENERAL USAGE: RA - Rural Areas, residential and agricultural SECTION: 30.3.03.2, 30.3.05.2.1, 30.3.05.2.2, 30.3.06, 30.3.07 of the zoning ordinance COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - agricultural and residential ENTRANCE CORRIDOR: No LOCATION: Rt. 640, Turkey Sag Road TAX MAP /PARCEL: 49 -18131, 18132 MAGISTERIAL DISTRICT: Rivanna CHARACTER OF THE AREA Estate pasture with creek floodplain, and some forest. Rural agricultural and residential land. SPECIFICS OF THE PROPOSAL This proposal is to obtain approval of an improved driveway culvert crossing over Turkey Sag Creek. The driveway crossing is a low crossing consisting of three metal pipe culverts, each 2 feet in diameter. Small headwalls have been constructed at the inlet and outlet, without wing - walls. A cement - stabilized gravel drive crosses over the culverts. The crossing covers approximately 20 feet of the creek. Shallow gradual banks of mown grass slope to the creek on both sides. The applicant has indicated that this crossing has replaced a concrete low -water crossing which consisted of five culverts, each approximately one foot in diameter. The new crossing raised the elevation of the driveway, reducing the frequency of inundation over the drive, and slightly increasing floodplain impacts upstream. PLANNING AND ZONING HISTORY This special use permit and water protection ordinance exception is being heard concurrently with a special use permit for special events on the property. CONFORMITY WITH THE COMPREHENSIVE PLAN A residential driveway conforms to the comprehensive plan. STAFF COMMENT ZONING ORDINANCE CONSIDERATIONS Regarding the applicable provisions 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, The constructed stream crossing has not changed the character of the district. An analysis of the affects on the floodplain shows that impacts are not significant, and they are contained within the property. and that such use will be in harmony with the purpose and intent of this ordinance, The stream crossing is a common uses in the rural area. with the uses permitted by right in the district, This residential driveway is 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 creek crossing has a negligible impact on general public health, safety or welfare. 30.3.03.2: "No development permit shall be issued for any use, structure, activity, fill, new construction, substantial improvements or other development which in the opinion of the county engineer would result in any increase in flood levels during the occurrence of a one hundred year flood discharge." Typically, for stream crossings, this is interpreted to keep flood level increases to a minimum, and to eliminate any increases on adjacent property. This has been done. 30.3.05.2.1: BY SPECIAL USE PERMIT WITHIN THE FLOODWAY The following uses or activities are authorized within the floodway by special use permit: ( ... ) 2. Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and river crossings of transmission lines of all types. Culverts are allowed by special use permit. 30.3.05.2.2: BY SPECIAL USE PERMIT WITHIN THE FLOODWAY FRINGE 1. Uses by special use permit in the floodway. The crossing would fall under item 1 in this section 30.3.07 AMENDMENT OF THE FLOOD HAZARD OVERLAY DISTRICT The delineation of the flood hazard overlay district may be revised, amended and modified by the board of supervisors in compliance with the National Flood Insurance Program when any of the following conditions are met: I...1 3. There are changes indicated by FEMA issuance of letters of map amendment (LOMA) or letters of map revision (LOMR). (Added 2 -5 -05) 1...I All such changes are subject to the review and approval of FEMA. Documenting changes through FEMA is a recommended condition of approval. Approval of the Special Use Permit effectively changes the Flood Hazard Overlay District subject to FEMA approval of a LOMA or LOMR (Letter of Map Amendment or Revision). WATER PROTECTION ORDINANCE CONSIDERATIONS This stream crossing, as an upgrade to an existing crossing, is considered the one by -right stream crossing for the property according to Water Protection Ordinance section 17 -320D. As such it must meet the provisions set forth in that section. Sec. 17 -320 Types of development authorized in stream buffer. If otherwise authorized by the applicable regulations of the zoning ordinance, the following types of development shall be allowed in a stream buffer, provided that the requirements of this section are satisfied: I ... I D. Stream crossings of perennial and intermittent streams for roads, streets or driveways, provided the following requirements are addressed to the satisfaction of the program authority: 1. Bridges and culverts shall satisfy the following: a. For crossings of perennial streams, bridges, arch culverts, or box culverts shall be used for the stream crossing and sized to pass the ten (10) year storm without backing water onto upstream properties. Bridges or culverts shall either leave the stream section, consisting of the stream bed and the stream bank, undisturbed or shall allow the stream to return to a natural stabilized cross - section upon completion of installation. The lowest interior elevation of the culvert (the culvert invert) shall be a minimum of six (6) inches below the stream bed. Culvert walls and bridge columns should be located outside the stream banks wherever possible; The culvert crossing does not satisfy any part of this condition. The applicant is seeking an exception to this condition on the basis that this crossing is an improvement over the previous condition. 2. Stream stabilization and energy dissipation measures below each bridge or culvert shall satisfy the standards for stream bank stabilization and outlet control provided in the county's design standards manual; The culvert crossing does not satisfy this condition. The applicant is seeking an exception on the basis that the crossing has been improved. 3. The stream buffer disturbance shall be the minimum necessary for the lot(s) to be used and developed as permitted in the underlying zoning district and under the applicable regulations of the subdivision ordinance. Stream crossings shall not disturb more than thirty (30) linear feet of stream for driveways and sixty (60) linear feet for roads or streets, provided that the program authority may allow additional length of stream disturbance where fill slopes or special conditions necessitate additional length; The culvert crossing satisfies this condition. It disturbs less than 30 linear feet of stream. I...1 5. For stream crossings where any portion of the pre- construction stream buffer is not fully vegetated as determined by the program authority, and for any portion of a vegetated stream buffer that is disturbed during the installation of the stream crossing, buffer vegetation shall be established and maintained within the stream buffer but outside of the stream crossing at a ratio of two (2) square feet of stream buffer restored for every one (1) square foot of stream buffer that was either not fully vegetated or is disturbed during the installation of the stream crossing. Buffer vegetation shall be established and maintained at the 2:1 ratio to the extent that the stream buffer is fully vegetated outside of the stream crossing, provided that the owner shall not be required to establish vegetation outside of the stream buffer in order to satisfy the 2:1 ratio. The program authority may require that the owner enter into an agreement providing for the ongoing maintenance of the plantings in the stream buffer, and may require a bond with surety or other acceptable instrument, which agreement and bond with surety or other acceptable instrument shall be of a substance and in a form approved by the program authority and the county attorney. Stream buffer plantings shall be consistent with guidance supplied by the program authority; The applicant has provided a proposed mitigation plan showing a planting area on either side of the channel downstream of this crossing. Sec. 17 -308 Exceptions. Except for requests to develop in the stream buffer made pursuant to section 17 -321, a request for an exception to the requirements of this article shall be made and granted as provided herein: [ ... ] C. A request for exception may be granted provided that: 1. A stormwater management /BMP plan has been submitted to the program authority for review in accordance with this article; the plan demonstrates that reasonable alternatives to the exception have been considered and determined to not be feasible through attempts to meet the provisions of this article, the use of non - structural measures as provided in section 17 -313, the use of a mitigation plan as provided in section 17 -322, or by other means; Mitigation has been proposed at a ratio of 2:1. Alternatives at this time would be to remove the constructed crossing and rebuilt it to meet the provisions above. 2. The exception requested is the minimum necessary to afford relief; The exception request allows the construction crossing to remain as built. 3. Reasonable and appropriate conditions are imposed as necessary to ensure that the purposes of this article are satisfied; and It is recommended in the summary conditions that additional outlet and inlet protection be provided, both to bring the stream bed up to meet the culvert outlets, and to armor the ends of the channel for expected overflows around the headwalls during a flood event. 4. The basis for the request is not economic hardship, which shall be deemed an insufficient reason to grant an exception. While not to the standards of the ordinance for a perennial stream, the basis for this request is that an existing crossing has nevertheless been improved. SUMMARY Staff has identified the following factors that are favorable: 1. The new crossing allows a more stable driveway. Staff has identified the following factors that are unfavorable to this request. 1. The higher crossing has created a slight increase in flood levels on the property. 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 all necessary federal and state agency approvals (Army Corps of Engineers, Department of Environmental Quality, etc.). 3. The applicant shall obtain Program Authority approval of a mitigation plan, and provide mitigation according to the Water Protection Ordinance. Staff recommends approval of the Water Protection Ordinance exception with the following conditions: The mitigation plan shall be revised to include inlet and outlet protection measures, and channel modifications for those measures, to the satisfaction of the County Engineer. ATTACHMENTS A. CastleHillCider StreamCrossing Exhibits.doc -- Document containing site map and photo of driveway crossing. COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP 2012 - 00019, Castle Hill Cider Staff: Glenn Brooks Pond Planning Commission Public Hearing: Board of Supervisors Public Hearing: Owners: Route 231 LLC Applicant: Route 231 LLC Acreage: 185 Special Use Permit (SP 2011 - 00011): Fill for a dam, under sections 30.3.03.2, 30.3.05.2.1, 30.3.05.2.2, 30.3.06, 30.3.07 of the zoning ordinance TMP: TM 49, Parcel 18131 Existing Zoning and By -right use: Rural Areas (RA) Location: Rt.640 Magisterial District: Rivanna Conditions: Yes Proposal: To obtain approval for a previously Requested # of Dwelling Units: NA constructed dam Development Area: NA Comprehensive Plan Designation: Rural Areas. Character of Property: Rural estate property with Use of Surrounding Properties: Rural residences and managed fields and floodplain. farms. Factors Favorable: Factors Unfavorable: Impacts to the Turkey Sag Creek floodplain and WPO buffer RECOMMENDATION: Staff recommends approval with conditions. STAFF: Glenn Brooks PLANNING COMMISSION DATE: 2012 BOARD OF SUPERVISORS DATE: 2012 SP 2012 -00019 Castle Hill Cider Pond PETITION PROJECT: SP2012- 00019, Castle Hill Cider Pond PROPOSED: Special Use Permit for fill for a dam alongside Turkey Sag Creek ZONING CATEGORY /GENERAL USAGE: RA - Rural Areas, residential and agricultural SECTION: 30.3.03.2, 30.3.05.2.1, 30.3.05.2.2, 30.3.06, 30.3.07 of the zoning ordinance COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - agricultural and residential ENTRANCE CORRIDOR: No LOCATION: Rt. 640, Turkey Sag Road TAX MAP /PARCEL: 49 -18131 MAGISTERIAL DISTRICT: Rivanna CHARACTER OF THE AREA Estate pasture with creek floodplain, and some forest. Rural agricultural and residential land. SPECIFICS OF THE PROPOSAL This proposal is to obtain approval of a dam constructed alongside the creek. A culvert crossing in the field next to the dam is also included, as it is connected to the dam. These items have already been constructed. The dam consists of an embankment built next the creek. It is approximately 9 feet high, with a base approximately 22 feet wide. It runs for 460 feet alongside the creek. The pond itself, the waters of which are separate from the creek, covers about 1.4 acres. There is a small 6 inch diameter plastic pipe that diverts water into the pond from an upstream intake within the creek. The applicant estimates it takes 20% of normal flow. Water is returned to the creek through an 8 inch plastic standpipe structure which discharges through the embankment downstream. The applicant has indicated that the purpose of this pond is to supply water to vegetation planted uphill on the property. The culvert crossing next to the dam consists of a metal pipe arch culvert five feet high and twelve feet wide at the creek. It covers approximately 24 feet of the creek. The pipe ends are mitered to lay with the slope of the embankment crossing, which consists of mown grass. This crossing appears to be intended as a convenience to reach the area of the dam from the residence and hall. There is a twelve foot graded grass path at the top of the embankment. The crossing does not appear necessary for any functioning of the dam. PLANNING AND ZONING HISTORY This special use permit is being heard concurrently with a special use permit for special events on the property. CONFORMITY WITH THE COMPREHENSIVE PLAN An agricultural pond may conform to the comprehensive plan. STAFF COMMENT ZONING ORDINANCE CONSIDERATIONS Regarding the applicable provisions 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, The dam has not changed the character of the district from a land use and zoning perspective. An analysis of the affects on the floodplain shows that impacts are significant, but contained within the property. and that such use will be in harmony with the purpose and intent of this ordinance, Ponds are a common feature in the rural area. with the uses permitted by right in the district, Ponds are common items in the rural area for agriculture and landscaping. 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 dam and associated crossing have a negligible impact on general public health, safety or welfare. 30.3.03.2: "No development permit shall be issued for any use, structure, activity, fill, new construction, substantial improvements or other development which in the opinion of the county engineer would result in any increase in flood levels during the occurrence of a one hundred year flood discharge." Typically, for stream crossings or dams, this is interpreted to keep flood level increases to a minimum, and to eliminate any increases on adjacent property. A dam typically changes the nature and footprint of a stream when built across the channel. In this case, the dam is not built across the channel, but to one side. Rather than damming the creek, it acts as a levy during a flood event, pushing floodwater to the opposite side, or splitting floodwaters between the pond and the channel. It raises flood levels by approximately one foot on the channel side, and incorporates the pond on the opposite side. 30.3.05.2.1: BY SPECIAL USE PERMIT WITHIN THE FLOODWAY The following uses or activities are authorized within the floodway by special use permit: (...) 1. Dams, levees and other structures for water supply and flood control. The applicant has indicated this dam is used for water supply of upland vegetation. The ordinance is not specific as to the intent of this section, whether it refers to public projects and potable water, or to any form of water supply. 30.3.05.2.2: BY SPECIAL USE PERMIT WITHIN THE FLOODWAY FRINGE 1. Uses by special use permit in the floodway. 2. Aircraft landing strip excluding structures and aircraft parking /storage. 3. Landfill permit (reference 30.3.6). The crossing and the dam would fall under item 1, uses permitted in the floodway, if section 30.3.05.2.1(1) applies as indicated previously. 30.3.06.1 PERMIT REQUIREMENTS In addition to such conditions imposed by the board of supervisors in approval of a special use permit, a landfill permit approval by the county engineer is required for the filling of land in the floodway fringe. No permit shall be issued or approved until the site development plan for such fill of land shall have been submitted to the county engineer indicating the following requirements have been met: [• •] 2. The filling of land shall be designed and constructed to minimize obstruction to and effect upon the flow of water and more particularly that: a. Such fill will not, in the opinion of the county engineer, result in any increase in flood levels during the occurrence of a one hundred year flood discharge; As with section 30.3.03.2 this condition has not been met, but has been liberally interpreted on past applications as having no significant impact on adjacent property, or the safety and general welfare of the public. b. The flood carrying capacity of the watercourse shall be maintained; The flood carrying capacity of the watercourse has been shifted to the south and east, but generally maintained. c. No fill shall be placed in the floodway; In this case, the fill is within the floodway, effectively shifting it over. 3. Fill shall be effectively protected against erosion by vegetative cover, riprap, gabions, bulkhead or other acceptable method. Any structure, equipment or material permitted shall be firmly anchored to prevent dislocation due to flooding; The earthen embankment placed in the floodway and floodplain does not appear to be adequately protected from erosion during a flood event . The models provided by the applicant indicate that floodwaters will spill over the dam and culvert crossing areas, and these fill sections have not been armored to prevent erosion. Should this special use permit be approved, changes to the dam and culvert are recommended in order to clarify the path for floodwaters, and to protect this area from erosion or damage during flooding. 4. Fill shall be of a material that will not pollute surface water or groundwater; The fill material appears to be local soils. No reports or tests have been made available to verify. 5. Where in the opinion of the county engineer additional topographic, engineering and other data or studies are necessary to determine the effects of flooding on a proposed structure or fill and /or the effect of such structure or fill on the flow of water in flood stage, the county engineer shall require the applicant to submit such data or studies. This data has been provided. The results of this data were used to assess the impacts and changes to the floodplain. 30.3.07 AMENDMENT OF THE FLOOD HAZARD OVERLAY DISTRICT The delineation of the flood hazard overlay district may be revised, amended and modified by the board of supervisors in compliance with the National Flood Insurance Program when any of the following conditions are met: I ... 1 3. There are changes indicated by FEMA issuance of letters of map amendment (LOMA) or letters of map revision (LOMR). (Added 2 -5 -05) 1...I All such changes are subject to the review and approval of FEMA. Documenting changes through FEMA is a recommended condition of approval. Approval of the Special Use Permit effectively changes the Flood Hazard Overlay District subject to FEMA approval of a LOMA or LOMR. WATER PROTECTION ORDINANCE CONSIDERATIONS The applicant has provided a mitigation plan, WPO 2012 -75, showing plantings along Turkey Sag Creek. This plans mitigates for disturbances of the pond, and the two stream crossings on the property. Sec. 17 -321 Types of development which may be allowed in stream buffer by program authority. Development in a stream buffer may be authorized by the program authority in the circumstances described below, provided that a mitigation plan is submitted to, and approved, by the program authority pursuant to section 17 -322: 1...1 2. on a lot on which the development in the stream buffer will consist of a lake, pond, or ecological /wetland restoration project; 3. on a lot on which the development in the stream buffer will consist of the construction and maintenance of a road, street or driveway that would not satisfy the requirements of section 17- 320(D) and the program authority determines that the stream buffer would prohibit access to the lot necessary for the lot to be used and developed as permitted in the underlying zoning district and under the applicable regulations of the subdivision ordinance, or to establish more than one stream crossing; Should the special use permit be approved, the pond and additional stream crossing associated with the pond may be allowed by the Program Authority within the stream buffer. SUMMARY Staff has identified the following factors that are favorable. 1. All impacts have been kept on the property. 2. A pond is an allowable use under the WPO. Staff has identified the following factors that are unfavorable to this request. 1. Flood levels have increased. 2. The dam and culvert crossing are potentially unstable in a flood event, and could cause significant sedimentation upon failure. RECOMMENDED ACTION Staff recommends approval of the special use permit with the following conditions: 1. The applicant shall make improvements to the dam and culvert in order to provide a stable, non - erosion path for floodwaters, while keeping flood level increases below one foot. 3. The applicant shall obtain County Engineer approval of plans for changes to the dam and culvert prior to construction. 4. 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 for any changes, regardless of whether the project exceeds the minimum disturbance limits. 5. The applicant shall obtain all necessary federal and state agency approvals (Army Corps of Engineers, Department of Environmental Quality, etc.). 6. The applicant shall obtain Program Authority approval of a mitigation plan, and provide mitigation according to the Water Protection Ordinance. 7. 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. ATTACHMENTS A. CastleHillCider-12ond_Exhibits -- Document containing site map, plan and photo of the pond. 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