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Home My WebLink AboutSP201000040 Legacy Document 2011-11-16COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP 2010 - 00040, Clifton Lake Staff: Glenn Brooks Planning Commission Public Hearing: Board of Supervisors Public Hearing: Owners: Country Inns Extraordinaire Inc. Applicant: Country Inns Extraordinaire Inc. and Greg Baldwin Realty Acreage: NA Zoning: Planned Residential Development and Flood Hazard Overlay TMP: TM 79, Parcel 36 Existing Zoning and By -right use: PRD, residential Location: Southeast of Clifton Inn Magisterial District: Scottsville Conditions: Yes Proposal: To upgrade the existing dam and build Requested # of Dwelling Units: NA a road across it to access North Milton Rd. Development Area: NA Comprehensive Plan Designation: Rural Areas. Character of Property: Wooded rural property Use of Surrounding Properties: Residences and the with river and floodplain, and the existing Clifton Clifton Inn Lake and dam. Factors Favorable: Factors Unfavorable: 1. An upgrade to the existing dam. Encroachments into the edges of the floodplain of the 2. Compliance with the approved zoning plan. Rivanna River. RECOMMENDATION: Staff recommends approval with conditions. STAFF: Glenn Brooks PLANNING COMMISSION DATE: 14 Nov 2011 BOARD OF SUPERVISORS DATE: TBD SP 2010 -00040 Clifton Lake PETITION PROJECT: SP2010 -00040 Fill in the floodplain and stream crossing PROPOSED: Special Use Permit to upgrade the existing dam and build a road on it with an arched culvert crossing of the spillway /stream, and additional fill for the road to reach North Milton Road,. ZONING CATEGORY /GENERAL USAGE: PRD — Planned Residential Development for Clifton Lake Subdivision, and FH — Flood Hazard Overlay SECTION: 30.5.5.2.d.6 Flood Hazard Overlay COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - agricultural and residential ENTRANCE CORRIDOR: No LOCATION: Southeast of Clifton Inn, between the Inn and Clifton Lake Subdivision TAX MAP /PARCEL: 79/36 MAGISTERIAL DISTRICT: Scottsville CHARACTER OF THE AREA Wooded slopes and floodplain. Rural agricultural land. SPECIFICS OF THE PROPOSAL This proposal is to expand the existing dam on Camp Branch, and build a road across it, which will continue along the edge of the Rivanna River floodplain to North Milton Road. A new spillway will be constructed on the dam, and the road will span it with an arched culvert. The road will be cut into the wooded slope at the edge of the floodplain of the river until it reaches North Milton Road along the existing entrance and driveway. In conjunction with the above proposal, the applicant is offering to build a boat access parking area for the county, which will replace the substandard access currently in place. Its entrance will be from the newly constructed road, and the parking itself will be within the floodplain of the Rivanna River. PLANNING AND ZONING HISTORY ZMA- 77 -24, Shadwell Heights. This road will satisfy condition #16. CONFORMITY WITH THE COMPREHENSIVE PLAN The proposed road conforms with 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 road has been planned in the existing PRD, and in subsequent modifications. An analysis of the affects on the floodplain shows that there will be no significant impacts to adjacent property, and that flood levels will not be significantly affected. Attached are the applicant's plans for the road and dam. 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 roadway permitted by- right, as it is planned in the existing PRD. 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. Staff believes that the proposed changes to the dam are an improvement over the existing condition in regard to stability and safety. The risk of damage to life and property is increased by placing a road on the structure, but this has been previously approved with the zoning. 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 is the site of an existing spillway for the dam. (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 crossing will be used for access to Clifton Lake Subdivision. (c) no alternative means of access to such dwellings is physically practicable This is an alternative access to Clifton Lake, as provided for in the existing zoning. (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; No other access has been abandoned. (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 provides alternative access to Clifton Lake Subdivision. (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 is the case as provided for in the design and demonstrated in the floodplain study. (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) The conditions recommended will ensure county staff checks for compliance with state and federal agencies. The chapters referenced in this section are; 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. Safety and stability of the dam is improved. 2. The road achieves compliance with the PRD approved plan. Staff has identified no factors that are unfavorable to this request. 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. 2. The applicant shall obtain County Engineer approval of plans for the road, culvert, dam and spillways. 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, regardless of whether the project exceeds the minimum disturbance limits. 4. The applicant shall obtain all necessary federal and state agency approvals prior to construction (Army Corps of Engineers, Department of Environmental Quality, etc.). 5. The applicant shall obtain Program Authority approval of a mitigation plan, and provide mitigation according to the Water Protection Ordinance. 6. The applicant shall construct the parking and river access and dedicate it to the county as shown on the plan. ATTACHMENTS A. Plans provided bV the applicant