HomeMy WebLinkAboutSP200800038 Legacy Document 2011-07-28COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP200800038 Ragged Mountain Dam
Staff: Scott Clark, Senior Planner
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
May 24, 2011
TBA
Owners: City of Charlottesville (TMP 75-1) and
Applicant: Rivanna Water & Sewer Authority
Holiday Trails Inc. (TMP 75-47C and 47C1)
Acreage: Approximately 980 acres (for the entire
Special Use Permit: 30.3.05.2.1(1), Dams, levees
reservoir parcel)
and other structures for water supply and flood control
TMP: Tax Map 75 Parcels 1, 47C, and 47C1
Existing Zoning and By -right use:
Location: At end of Reservoir Road (Route 702),
RA -- Rural Areas: agricultural, forestal, and fishery
1.8 miles from the intersection of Reservoir Road
uses; residential density (0.5 unit/acre in development)
and Fontaine Avenue Extended (Route 29)
Magisterial District: Samuel Miller
Conditions: Yes
DA (Development Area):
Requested # of Dwelling Units: NA
RA (Rural Areas): X
Proposal: New dam for Ragged Mountain reservoir
Comprehensive Plan Designation: Rural Areas -
preserve and protect agricultural, forestal, open space,
and natural, historic and scenic resources/ density (0.5
unit/ acre)
Character of Property: The reservoir property is a
Use of Surrounding Properties: The surroundings
wooded stream valley containing an public water-
include large farm and forest parcels under
supply reservoir. The property is also used as a public
conservation easement, large -lot rural residential
natural area. The project will also include impacts on a
parcels, and suburban residential lots.
small area of a wooded and pastured parcel that is used
as a camp for children with special medical needs and
chronic illnesses.
Factors Favorable:
Factors Unfavorable:
1. This approach to increasing public water supply is
1. Construction traffic will significantly increase
consistent with the RWSA Community Water Supply
impacts on residents along Reservoir Road and on the
Plan and is recommended in the Public Utilities section
road itself. To address this, staff recommends
of the Land Use Plan.
2. This proposal would use on-site soil and rock for
conditions of approval that would require traffic
dam construction, thereby significantly reducing work
management and road maintenance during the project
traffic compared to what would be needed fora
and final road repairs after construction is completed.
concrete dam.
2. The new higher water level and excavation work
above the dam would require clearing of forested
areas of the Ragged Mountain Natural Area. To
address this, staff recommends a condition of approval
requiring replanting of any cleared areas that will
remain above water with native forest vegetation.
RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions.
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Staff Report Page 1
STAFF PERSON: Scott Clark, Senior Planner
PLANNING COMMISSION: May 24, 2011
BOARD OF SUPERVISORS: TBA
SP 2008-00038 Ragged Mountain Dam
Petition:
PROJECT: SP200800038 Ragged Mountain Dam
PROPOSED: New dam for Ragged Mountain reservoir.
ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural,
forestal, and fishery uses; residential density (0.5 unit/acre in development lots);
FH Flood Hazard - Overlay to provide safety and protection from flooding
SECTION: 30.3.05.2.1(1), Dams, levees and other structures for water supply
and flood control.
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and
protect agricultural, forestal, open space, and natural, historic and scenic
resources/ density ( .5 unit/ acre in development lots)
ENTRANCE CORRIDOR: No
LOCATION: At end of Reservoir Road (Route 702), 1.8 miles from the
intersection of Reservoir Road and Fontaine Avenue Extended (Route 29)
TAX MAP/PARCEL: Tax Map 75 Parcels 1, 47C, and 47C1
MAGISTERIAL DISTRICT: Samuel Miller
Character of the Area:
The reservoir is located on the boundary between the Development Areas and the
Rural Areas. Surrounding land uses include large farm and forest parcels under
conservation easement, large -lot rural residential parcels, and suburban
residential lots.
Specifics of the Proposal:
The applicant has proposed to build a new dam on the downstream side of the
existing Ragged Mountain dam, both to replace the old dam with a safer one and
to increase the storage capacity of the reservoir. The new dam (see Attachment
C) would be of earthen construction and would rise approximately 135 feet from
the stream -valley floor below the existing dam, largely using rock and soil
removed from the land surrounding the existing reservoir. The proposal
describes a maximum 42 -foot vertical increase over the current normal pool
height of the reservoir water surface (see Attachment D), but lesser increases
could occur if the dam were built in stages. (For example, Attachment C shows a
dam design for a 30 -foot increase. The additional 12 feet could be gained by
adding to the top of the dam, without increasing its footprint.)
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Access to the dam construction site would be via Reservoir Road. Construction
of the dam would take approximately two years, during which time there would
be no public access to the Ragged Mountain Natural Area.
Planning and Zoning History:
The existing dam predates zoning in the County and does not have a special use
permit.
Conformity with the Comprehensive Plan:
The Public Utilities Section of the Land Use Plan states that:
In planning for the provision of additional water supply within the Urban
Service Area, RWSA, in coordination with Albemarle County, the City
of Charlottesville, and the Albemarle County Service Authority explored
32 possible alternatives, then narrowed those alternatives using federal
and state environmental impact criteria to a final four alternatives. The
four alternatives included a short bladder on the South Fork Rivanna
Reservoir Dam, dredging of the South Fork Rivanna Reservoir, a new
intake and pipeline from the James River, and a new dam at the Ragged
Mountain Reservoir. After significant public input it was determined that
an expansion project of the Ragged Mountain Reservoir and the
construction of a pipeline between South Fork Rivanna Reservoir and
Ragged Mountain Reservoir was the least environmentally damaging
practicable alternative available for expanding the water supply to the
Urban Service Area. The Albemarle County Board of Supervisors voted
to endorse this plan for the Urban Service Area at the June 7, 2006
regular Board meeting.
This project is designed to implement these findings and conclusions.
STAFF COMMENT:
Staff addresses each provision of Section 31.6 of the Zoning Ordinance:
31.6.1 Special Use Permits provided for in this ordinance may be issued upon a
finding by the Board of Supervisors that such use will not be of substantial
detriment to adjacentproperty,
The reservoir itself is contained within a stream valley that isolates it from view
of the surrounding properties.
Properties along Fontaine Avenue Extended and Reservoir Road would be
impacted by additional traffic during construction, which could take
approximately two years.
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that the character of the district will not be changed thereby and
The new dam would not be visible from the surrounding parcels. However, the
new spillway could be visible from Reservoir Road, and the increased water
level would be visible at the point where I-64 passes the upper end of the
reservoir. Otherwise, there would be no intensification of use that would change
the character of the area.
The dam construction project would require the closure of the Ragged Mountain
Natural Area, but that area would re -open after construction. Trails inundated by
the increased water level would be re-routed.
that such use will be in harmony with the purpose and intent of this ordinance,
Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural
Areas zoning: "This district (hereafter referred to as RA) is hereby created and
may hereafter be established by amendment of the zoning map for the following
purposes:
-Preservation of agricultural and forestal lands and activities;
-Water supply protection;
-Limited service delivery to the rural areas; and
-Conservation of natural, scenic, and historic resources.
The new dam would not create conflicts with these purposes.
with uses permitted by right in the district,
No intensification of use is proposed, and the dam and deeper reservoir would be
contained entirely in the former stream valley that forms the reservoir. Therefore
no new impacts on by -right uses are expected. The Entrance Corridor overlay
district would be impacted by the change view of the reservoir, as more water
surface would be visible from I-64.
with the additional regulations provided in section 5.0 of this ordinance,
There are no additional regulations in section 5.0 for this use.
and with the public health, safety and general welfare.
Dam Safety:
While the larger dam would primarily provide increased drinking -water
capacity, it would also increase safety for downstream properties by
replacing the aging existing dam (which would require extensive work if
it were not replaced) with a stronger new dam.
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Road Safety:
The dam construction project would take approximately two years to
complete. During that time, construction equipment and materials would
need to be moved up and down Reservoir Road. This activity would
impact residents along the road, conflicting with their accustomed ability
to use the little -traveled road without traffic conflicts.
In order to address this problem, the Virginia Department of
Transportation has recommended conditions of approval (see below) that
would require:
• A plan of improvements to Reservoir Road to safely transport
construction vehicles to the site while maintaining access to
private property
• A maintenance -of -traffic plan that includes flaggers and a
communication plan with existing residents of the road.
• A maintenance plan to include regular inspection and
documentation, and prompt repair work for any deficiencies
These plans would be subject to VDOT and County Engineer approval,
and would give VDOT and the County Engineer the ability to require that
safety issues and traffic problems be corrected.
The use of Reservoir Road to access the work site could also have
impacts on the streams below the dam. The road plans discussed above
would give the County Engineer the ability to require stream protection
work in the event that road use or road improvements could impact water
quality.
Impacts to Recreational Facilities and Natural Resources:
Materials used to create the dam would largely come from rock and soil
excavated from land that is adjacent to the existing reservoir, and that
would be submerged under the current proposal. This would require that
those areas and work areas immediately uphill of them to be cleared,
removing the existing forest vegetation. (A benefit of this approach is that
the bulk of the material needed to build the dam would not need to be
carried by truck along Reservoir Road, a situation that would
significantly increase the impacts of the project.)
The proposal includes reforestation of any cleared areas that would
remain above any increased reservoir elevation. In order to ensure that
the replacement vegetation is comparable to that in the Ragged Mountain
Natural Area, staff has recommended a condition of approval that would
require replanting with native forest species (see below). The new trees
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and shrubs would be planted a density recommended by the Virginia
Department of Conservation and Recreation for riparian -buffer plantings.
As mentioned above, the Natural Area would be closed to public access
during dam construction in order to protect public safety. The applicant is
working with the City of Charlottesville (which owns the Natural Area)
and the Ivy Creek Foundation (whose volunteers build trails and help to
maintain the area) to arrange for the construction of new foot trails once
work is completed and the reservoir height has increased (which will
submerge some of the existing trails).
SUMMARY:
Staff has identified the following factors favorable to this application:
This approach to increasing public water supply is consistent with
the RWSA Community Water Supply Plan and is recommended
in the Public Utilities section of the Land Use Plan.
2. This proposal would use on-site soil and rock for dam
construction, thereby significantly reducing work traffic
compared to what would be needed for a concrete dam.
Staff has identified the following factors unfavorable to this application:
1. Construction traffic will significantly increase impacts on
residents along Reservoir Road and on the road itself. To address
this, staff recommends conditions of approval that would require
traffic management and road maintenance during the project and
final road repairs after construction is completed.
2. The new higher water level and excavation work above the dam
would require clearing of forested areas of the Ragged Mountain
Natural Area. To address this, staff recommends a condition of
approval requiring replanting of any cleared areas that will remain
above water with native forest vegetation.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval
of SP 2008-00038 Ragged Mountain Dam subject to the following conditions:
1. Development and use shall be in general accord with the conceptual plan
consisting of the two plan sheets titled "Proposed Site Plan — Dam Site" prepared
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by Schnabel Engineering, and dated 3-18-201, and "Reservoir Area Map Overall"
prepared by Schnabel Engineering and dated 1-13-2011 (hereafter referred to as
"Conceptual Plan"), as determined by the Director of Planning and the Zoning
Administrator. To be in accord with the Conceptual Plan, development and use
shall reflect the following major elements within the development essential to the
design of the development, as shown on the Conceptual Plan:
a. Approximate limits of disturbance;
b. General design and location of the new dam
c. Maximum normal -pool increase of 42 feet above the existing normal pool.
While the plan titled "Proposed Site Plan — Dam Site" shows the dam
design for a 30 foot increase, any increase up to 42 feet accomplished by
adding height to the top of the new dam would be considered to be in
general accord with the conceptual plan.
Minor modifications to the plan which do not conflict with the elements above
may be made to ensure compliance with the Zoning Ordinance.
2. If the use, structure or activity authorized by this special use permit is not
commenced by [date 15 years from Board action], the special use permit shall be
deemed abandoned and the authority granted hereunder shall terminate. For the
purposes of this condition, the term "commenced" means starting the lawful
physical construction of any structure shown on the Conceptual Plan referenced in
Condition 1 above.
3. The applicant shall not begin work on the dam until:
a. The Virginia Department of Transportation (VDOT) and the County
Engineer (or his designee) have approved the following:
i. A plan of improvements to Reservoir Road to safely transport
construction vehicles to the site while maintaining access to private
property, and minimizing erosion and impacts to the stream. This
plan may include:
• paved or gravel pull off areas at certain intervals;
• widening of Reservoir Road at key locations;
• grading and clearing for sight distance;
• other improvements that are deemed safety issues by the
County Engineer or VDOT;
• erosion control measures;
• pipe replacements or upgrades
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• other drainage improvements to reduce erosion or impacts
to the streams and support heavy vehicles
ii. A maintenance -of -traffic plan that includes flaggers and a
communication plan with existing residents of the road. This plan
shall also address any time of day restrictions including the daily
peak hour restriction and weekend or holiday restrictions. The
plan shall give VDOT or the County Engineer the authority to
monitor the contractor and make adjustments when needed due to
conflicts and unforeseen circumstances. A person who has a
VDOT Work Zone Traffic Control Certification shall be required
on site at any time there are activities on Reservoir Road that will
restrict normal traffic operations.
iii. A maintenance plan to include regular inspection and
documentation, and prompt repair work
b. VDOT has approved any embankment changes to I-64; and
c. The applicant has completed any pre -construction work shown in the plans
listed above
4. After the completion of construction and prior to the release of water protection
ordinance bonds for the project, Reservoir Road shall be restored according to a
plan approved by VDOT and the county engineer. At the discretion of VDOT
and the county engineer, the plan may require final grading and the addition of
stone for the gravel sections of the road and paving from Fontaine Ave to the last
access to a single family residence.
5. Upon completion of earth -disturbing work in any above -water area upstream of
the dam, the applicant shall replant each area in such a way as to restore and
maintain a complete, contiguous wooded buffer around the reservoir. This
planting shall be done according to a replanting plan subject to the approval of the
Program Authority of the Water Protection Ordinance. This planting shall use
native tree and shrub species listed in Appendix A of the Riparian Buffers
Modification & Mitigation Guidance Manual, published by the Virginia
Department of Conservation and Recreation; the brochure Native Plants for
Conservation, Restoration, and Landscaping, published by the Virginia
Department of Conservation and Recreation; and/or Appendix 7 of the
Chesapeake Bay Riparian Handbook, published by the United States Department
of and shall be designed to re-establish vegetation consistent with the existing
forest vegetation of the Ragged Mountain Natural Area. Trees and shrubs shall be
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planted at the densities specified in Appendix D, Table A of the Riparian Buffers
Modification & Mitigation Guidance Manual, published by the Virginia
Department of Conservation and Recreation, or to another established standard
intended for non-commercial forest restoration, subject to the approval of the
Director of Planning.
PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of this special use
permit:
Move to recommend approval of SP 2008-00038 Ragged Mountain Dam subject to
the conditions as recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of this special use
permit:
Move to recommend denial of 2008-00038 Ragged Mountain Dam. Should a
commissioner motion to recommend denial, he or she should state the reason(s) for
recommending denial.
ATTACHMENTS
Attachment A — Area Map
Attachment B — Location Map
Attachment C — "Proposed Site Plan — Dam Site"
Attachment D - "Reservoir Area Map Overall"
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