Loading...
HomeMy WebLinkAboutSP201200019 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. SP201200018 Castle Hill Cider, Stream Crossing, Exhibits Site Map, location: Location map showing floodplain and WPO buffer Plan provided by applicant I�Zzl 71 A Photo: