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Home My WebLink AboutSP201000027 Legacy Document 2012-06-19 (2)COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP 2010 - 00027, Nichols -Peck Bridge Staff: Glenn Brooks Planning Commission Public Hearing: Board of Supervisors Public Hearing: Owners: Nichols, Michael K and Reba A Peck Applicant: Nichols, Michael K and Reba A Peck Acreage: acres Special Use Permit (SP 2010 - 00027): to allow fill in the floodplain for a bridge (Section 30.5.5.2.d.6) TMP: TM 25, Parcel 18A Location: 6094 Sugar Hollow Road in Crozet Existing Zoning and By -right use: Rural Areas (RA) Magisterial District: Whitehall Conditions: Yes Proposal: To replace the existing concrete and culvert driveway crossing with a bridge. Requested # of Dwelling Units: NA Development Area: NA Comprehensive Plan Designation: Rural Areas. Character of Property: Wooded mountainous rural property with river and floodplain, used for residential. Use of Surrounding Properties: Rural residences and farms. Factors Favorable: 1. An improved river crossing Factors Unfavorable: Staff has identified no unfavorable factors. RECOMMENDATION: Staff recommends approval with conditions. STAFF: Glenn Brooks PLANNING COMMISSION DATE: 4 Jan 2011 BOARD OF SUPERVISORS DATE: SP 2010 -00027 Nichols -Peck Bridge PETITION PROJECT: SP2010- 00027, Nichols -Peck Bridge PROPOSED: Special Use Permit to replace the existing concrete and culvert driveway crossing with a bridge ZONING CATEGORY /GENERAL USAGE: RA - Rural Areas, residential and agricultural SECTION: 30.5.5.2.d.6 Flood Hazard Overlay COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - agricultural and residential ENTRANCE CORRIDOR: No LOCATION: 6094 Sugar Hollow Road in Crozet TAX MAP /PARCEL: 25- 18,18A,18B (Bridge is actually on parcel 18A) MAGISTERIAL DISTRICT: Whitehall CHARACTER OF THE AREA Wooded maintain side, river and floodplain. Rural agricultural land. Scenic Stream Overlay. A photo of the current driveway crossing is attached. SPECIFICS OF THE PROPOSAL This proposal is to replace the existing low crossing, made up of concrete and small culverts, with a bridge and abutments. PLANNING AND ZONING HISTORY SP -80 -18 was approved July 13, 1983 to convert a concrete ford to a low culvert crossing. 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 the replacement of an existing river crossing. It will change in character in that a larger, taller structure will replace the existing one. A photo of the existing crossing 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 not increase. Attached are a depiction of the floodplain and bridge, and a plan for the proposed structure. 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. Staff believes that the proposed bridge is an improvement over the existing condition, both for the safety of vehicles, and for the flow of the river from an environmental and hydraulic standpoint. 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 low culvert crossing. (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 the case. (c) no alternative means of access to such dwellings is physically practicable No alternative access is practicable. (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 improves the safety of the driveway, and will alleviate clogging of the culverts currently in place. (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. (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 improves safety by allowing passage during larger flow events. 2. The new bridge allows the river bed to be re- established, and provides less of an impediment to water, debris and wildlife. 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 bridges and abutments. 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. ATTACHMENTS A. Photo of current driveway, and Plan of proposed bridge with floodplain changes