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An engineering survey is something that the Soil Conservation Service does, said Kramer, adding that there wasn’t one for the mill property. ‘‘It would take two, three years,” he said.
"So we don’t know where the flood plain is,” Masterson countered.
Rappahannock’s flood plain designations are based on soil studies, not engineering surveys, Kramer answered. He noted that the soil type changes to flood plain right at the eastern wall of the mill.
No Flood Danger
According to David Konick, Kramer’s attorney, the intent of the zoning ordinance is to prevent! construction that will be' washed away in floods, causing damage downstream. The mill “has been there for over a century...It’s stood the test of time,’’Konick said.
Adaptability of soil for a septic field is not really an issue either because the sewage disposal field won’t be located in flood plain, continued Konick. Kramer’s proposal calls for the wastes to be pumped up to part of the property not anywhere near the flood plain, he said.
“You're asking us to rezone a building to one of the heaviest and most intensive uses we allow in our county,” stated Miller, noting that the zoning ordinance prohibits building within 50 feet of a flood plain boundary. “You want us to rezone a vacant building that sits partially within a flood plain and wholly within 50 feet of a flood plain to an intensive use when our ordinance totally prohibits any new building from being built there. That’s what really, really gets me.”
Kramer noted that the stated purpose of the zoning ordinance included “to protect against destruction or an encroachment upon historic areas” and “to conserve properties and their values and to encourage the most appropriate use of land throughout the county.”
The mill “is an existing historic building that sits within 50 feet of the flood plain,” he said. It was built and designed as a commercial building...built to withstand heavy use. Does the zoning ordinance say that the building has to be abandoned and let crumble to the ground?” he asked.
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