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HomeMy Public PortalAbout1977_07_21 MINUTES OF JOINT PUBLIC HEARING OF LEESBURG TOWN COUNCIL AND • 261 LEESBURG PLANNING COMMISSION ON ESTABLISHMENT OF F-1 FLOOD ZONE DISTRICT, JULY 21, 1977. • A joint public hearing of the Leesburg Town Council and the Leesburg Planning Commission was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on July 21, 1977. The meet- ing was called to order by the Mayor at 7 : 37 P.M. Present for the Town Council were: Mayor Mary Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley D. Herrell , Jr. , James A. Rock and John W. Tolbert, Jr. ; also Town Manager John Niccolls and Zoning Adminis- trator Robert C. Forbes. Present for the Planning Commission were Commissioners Katherine R. Curry, James L. Griffith, Mervin V. Jack- son and William F. Webb, Jr. Absent -wemaCouncilmember C. Terry Titus and Commissioners Hunter M. Leach and Lynnwood L. Lay. Mayor Newman stated that the purpose of this hearing is to con- sider an amendment to the Leesburg Zoning Ordinance. and Zoning Map to provide for an F-1 Flood Zone District. There was no-one to speak either for or against the proposed amendment. HpQw�ggv r, Mr,. jay Hanger, representing the Virginia Knolls Community AssBLi4dtion,=jCnAt this proposed amendment be given careful consideration. As written, this ordinance gives an opening for de- velopment of the land so that it could cause two conditions that could significantly increase the peak flood discharge from the area - (1) if the drainage system of the basin is altered by adding storm sewers, etc, the runoff concentrates faster and the floodwaters reach higher stages at points downstream; and (2) if roofs, streets, parking lots, etc. are added upstream, a greater portion of Le runoff flows directly into the drainage channels, thus causing still higher flood dtagge. These -extreme changes could increase the peak discharge from a given storm rainfall to six to eight times that with no de- velopment in the drainage area. (A portion of the above was quoted from the "Flood Hazard Analysis" prepared by the Soil Conservation • Service. ) He also understood that there is a possiblity, in the near future, that -the Town Branch drainage will be changed. This will not affect the Tuscarora Creek downstream and this is where their prob- lem is - there is a small concrete bridge on Sycolin Road that is the back-up. If building is allowed in the flood plain, then some- thing else will have to be done to alleviate the problem on Shenan- doah Street. Something should be done downstream to eliminate this problem and -he did not think the proposed storm drainage project will take care of this. Mr. Rock said there would be no extensive construction under Sec. 7-A-1 of the proposed ordinance - he agreed with the comments concerning problems downstream, but he could not understand the concern of the homeowners in terms of construction under this section. Mr. Hanger said they are concerned as to what the. Tobi might consider permitted conditional uses under Sec. 7-A-2. They are asking for careful consideration in conjunction with better conditions downstream. Mayor Newman said Council is well aware of the problems with the Tuscarora Creek. Mrs. Curry said it has been brought to her attention that there is no provision made in the proposed ordinance for how far any build- ing should be from the property line. Mr. Forbes suggested that this be 20 feet. There was discussion as to whether this requirement should be in Sec. 7-A-4(a) or Sec. 7-A-4(e) , with a final decision being that it should be in Sec. 7-A-4(e) to read as follows : "(e) shall be set back at least 20 feet from all property lines and at least the distances required Mr. Arthur Slack, a resident of Virginia Knolls, asked if Sec. 7-A-4(a) means that there can be no filling in order to build over the established flood plain. There was discussion as to the meaning of this section and as to whether the flood plain has been established. Mr. Rock called attention to Sec. 7-A-4(e) , which means that the land could be filled up to the flood plain level , but not any further. The flood plain level has not yet been established, but will be when this ordinance is adopted. eV 04 262 . MINUTES OF JULY 21 , 1977 PUBLIC HEARING. Mr. Niccolls said there are several problems in the ordinance that need some attention. Sign regulations should be included. There are some inconsistencies in the language- it talks about encroachment lines , regional flood and floodplain. There is noth- ing in the F-1 zone under this proposal that is not subject to a one percent chance of flooding each year with a 100-year storm. The re- gional flood was intended to be the 10 or 25-year storm. This measure was intended to say that you can do certain things .up to the limit of the 25-year storm, but you can' t go into it. It is intended to pro- hibit filling in the 25-year storm floodplain and to have slightly lower, or higher, restrictions in the area between the 25-year storm and the balance of the zone. He felt that the hearing has -been very helpful in ,pointing out some of the deficiencies in the lan- guage .- the staff can now take out any ambiguities or inconsisten- cies and then add the 20-foot setback requirement. The validity of the concept must then be tested concerning the fact that you can do certain things as long as you are above the 25-year storm. You can include allowances for certain things above the 25-year storm that will allow a person to use his land. Mr.. Rock felt that this whole thing applies equally within the 100 years 77� This would wind up per- mitting filling between the 25 and 100-year7an could"blow you out of the water. " Mr. Niccolls said this can be easily eliminated and have uniformity within the entire flood zone. Mr. Rock felt that a person could build on pila dso long as he did not disturb the outer boundary of the flood zone7so that the flood plain is still under • - neath. Mr. Rock had a question under Section 7-A-3 concerning "an engi- neering study. " Is the "Flood Hazard Analyses, Tuscarora .Creek" as prepared by the SCS considered to be "an engineering study" or do you have your own study done? Mr. Niccolls felt that it would be wise to say "The flood zone shall be the 100-year floodplain level .-established for Town Branch and for Tuscarora Creek as identified in ,the report." and take out all reference to "an engineering study. " Mr. Rock felt that the Flood Hazard Analyses should be up-dated. It was also felt that there are changing conditions all the time and this should be taken into consideration. Mr. Jackson asked how the pro-rata share is figured if a builder comes in and says he wants to pay $10, 000 downstream. Mr. Niccolls said this is very complicated and Council is in the midst of a very intensive study on it. He explained the formula used and said this is being explored also in light of the new proposed Subdivision Ordi- nance. Mr. Rock spoke of a computer model being used in Fairfax County and four other jurisdictions in that area concerning such fees. Mr. Jackson referred specifically to a proposed street to go through property owned by Mr. Rust and what would happen to Sycolin Road as a result of this. This would have to be filled and either Sycolin Road will have to be abandoned or it will have to be raised - if the Town does the channelization work, then raising it would not hurt. Mr. Bange said there are only two areas that have, to be changed - one is at the loop in the creek; the other next to the railroad track. If these are opened up, the water will go on down. He did not feel that the flooding in Brandon would be affected by Sycolin Road. It will be opened up far enough down that the water will go on through. Mr. Slack said the channel has changed already and the town has not even started channelization. There is a_ delta built up where the Town Branch feeds into the Tuscarora Creek. Mr. Griffith was concerned that, under Sec. 7-A=2(b)., there are permitted kennels or stables for permanent animal occupancy. He did not think there is any flood zone, area in town that is far enough away from any residential area to make this a realistic use. Mr. Bange advised him that there is nothing in the Town Code to prohibit the keeping of animals in town except for hogs. There being nothing further, Mayor Newman closed the public hear- ing at 8 : 20 P.M. / Mayor C erk of C, ncii