Planning Commission: December 16, 2003
Board of Supervisors: January 7, 2003
Request for special use permit to allow construction of a bridge in a floodplain in accordance with Section 30.3.05.2.1 of the Zoning Ordinance which allows for Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and river crossings of transmission lines of all types. The bridge was built prior to the current owners' purchase of the property, and it is not known whether or not it was built before adoption of the current floodplain-fill regulations. The applicants wish to ensure that the bridge is in conformity with those regulations. No new construction is planned, but some remediation may be necessary.
LOCATION AND DESCRIPTION OF PROPERTY
The property, described as Tax Map 34 Parcel 22V, contains 100 acres, and is zoned RA Rural Areas. The proposal is located on Priddy Court, approximately 0.3 miles from the intersection of Priddy Court and Ashleigh Way Road, in the Rivanna Magisterial District. The Comprehensive Plan designates this property as Rural Area in Rural Area 2.
In 2000, a final plat was approved that created this lot as one of two preservation tracts in the Ashleigh rural-preservation development. This parcel is subject to conservation easement held by the County's Public Recreational Facilities Authority.
The property is zoned RA Rural Areas. The Comprehensive Plan designates this property as Rural Area.
APPLICANT’S JUSTIFICATION FOR THE REQUEST
The applicants wish to use the bridge for access to a single-family dwelling.
Staff recommends approval of SP 03-075 with conditions.
STAFF COMMENT (Special Use Permit)
Staff will address each provision of Section 188.8.131.52 of the Zoning Ordinance below:
The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. 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,
This existing bridge could have erosive impacts on the streambanks that could affect downstream properties, although at a relatively small scale. Condition 3 recommended by staff regarding a mitigation plan for the use would address these impacts.
that the character of the district will not be changed thereby,
This bridge will provide access to a single dwelling on this large parcel.
and that such use will be in harmony with the purpose and intent of this ordinance,
The conditions recommended below are intended to ensure that this existing bridge is safe and does not negatively impact natural resources.
with the uses permitted by right in the district,
No conflict with by-right uses is expected.
with additional regulations provided in Section 5.0 of this ordinance,
No supplemental regulations apply.
and with the public health, safety and general welfare.
The conditions recommended below are intended to ensure that this existing bridge is safe and does not negatively impact natural resources. Condition 4 recommended by staff regarding structural adequacy might necessitate changes to the existing bridge or abutments/foundations. A time limit is recommended in order to ensure that both streambank mitigation and structural improvements (if any are necessary) will be carried out in a timely fashion.
As noted above, this parcel is subject to a County-held conservation easement. Staff has worked with the County Attorney's office and verified that approval of this bridge (which was in place before the easement was granted) would not constitute a disturbance of a scale that would violate the terms of the easement.
This is a request to bring an existing bridge into compliance. The impacts from its construction can be addressed through a mitigation plan, and the applicants will be required to verify (and provide) structural adequacy. The County Attorney has confirmed that the work approved by this permit would not violate the terms of the conservation easement on this property.
Staff also recommends approval of SP 03-065 with the following conditions:
1. Engineering Department approval of computations and plans documenting changes to the floodplain. Plans must show floodplain limits and levels before and after construction. Sections 18-30.3.02.2 and 18-30.3.03.2 allow no increase in flood levels. However, in areas of approximated floodplain, FEMA map accuracy is within 1 vertical foot.
2. Engineering Department receipt of copies of federal and state permits for disturbance of the stream channel and any associated wetlands.
3. Engineering Department approval of a mitigation plan for repair and enhancement of the stream buffer. The mitigation plan shall include an implementation schedule.
4. Engineering Department approval of plans and computations verifying structural adequacy of the bridge and abutments.
5. Conditions 1 through 4 must be met within four months of the approval date of this permit.