Loading...
HomeMy WebLinkAboutSDP201800036 Request of Modification, Variance, Waiver Waiver, variation or substitution requirement 2018-11-14 • STAFF PERSON: Christopher Perez BOARD OF SUPERVISORS: November 14, 2018 Staff Analysis of the Special Exception to waive the requirements of County Code § 18-21.7(c)to disturb buffers between a commercial district and residential districts. SPECIAL EXCEPTION REQUEST Special exceptions are considered by the Board of Supervisors under County Code §§18-33.43 through §§18-33.54. Staff analysis under County Code §§18-21.7(c) is provided below. The applicant is requesting to disturb two separate 20' undisturbed buffer areas as part of a commercial site plan for a gas station located on a commercially zoned parcel adjacent to residentially zoned land. Area A is a 20' x 180' strip of vacant commercially zoned land adjacent to TMP 76-52P (R-4 residentially zoned land). The applicant requests to disturb this area to facilitate the proposed development. Disturbance of this buffer will consist of removing an existing mobile home and existing asphalt, and relocating an existing powerpole then running the line underground. Per staffs request the applicant is not grading or installing improvements in 15' of the buffer in order to preserve the root systems of a large stand of existing evergreen trees on the adjacent property. These trees provide an extensive amount of vegetative screening between the two uses. Additionally, per staffs request the applicant has agreed to install a 6'tall wooden fence and a single row of evergreen screening trees on the commercial property, within the remaining 5' of the required buffer(see Attachment B). Additionally, the subject property is split zoned C-1 and R-4, as such a 20' undisturbed buffer, depicted as Area B, between the two districts on the subject parcel applies. The applicant proposes minimal grading within the buffer in order to channel stormwater to the intermittent stream near the southern portion of the property. County Engineering has reviewed the request and has no objections as it meets stormwater regulations. No other disturbance in this area is proposed, and existing vegetation will be preserved to satisfy screening requirements. The Board of Supervisors may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case upon consideration of whether: 1) The developer demonstrates that grading or clearing is necessary or would result in an improved site design; Area A-The developer has demonstrated that the disturbance would result in an improved site design. There is no grading or installation of improvements within 15' of the property line in order to protect and preserve the root systems of a large stand of existing evergreen trees on the adjacent property. The remaining 5' of the 20' buffer will contain required screening consisting of a 6' tall wooden fence and a single row of evergreen trees. Area B - The developer proposes minimal grading within the buffer in order to channel stormwater to the intermittent stream near the southern portion of the property. 2) Minimum screening requirements will be satisfied; The minimum screening requirements are being met with this proposal. 3) Existing landscaping in excess of minimum requirements is substantially restored; Area A-This criteria is not applicable, as the area is void of existing vegetation in the buffer. Area B has sufficiently met this requirement as the area of disturbance does not contain any useful screening and mostly consists of low scrub bushes and grass. Staff recommends approval of this request. RESOLUTION TO APPROVE SPECIAL EXCEPTION FOR SDP 2018-36 OAK HILL CONVENIENCE STORE WHEREAS,the owner of Tax Map and Parcel Number 07600-00-00-052L0 filed a request for a special exception to waive the requirements of County Code § 18-21.7(c)to disturb two required 20 foot undisturbed buffers adjacent to a residential district in conjunction with SDP 2018-36 Oak Hill Convenience Store as depicted on the pending plans under review by the County's Department of Community Development; and WHEREAS,Albemarle County Code § 18-21.7(c)requires the maintenance of a 20 foot undisturbed buffer zone adjacent to any residential district,which may be waived by special exception. NOW,THEREFORE,BE IT RESOLVED that,upon consideration of the foregoing,the executive summary and staff report prepared in conjunction with the application,all of the factors relevant to the special exception in County Code §§ 18-21.7(c)and 18-33.49,and the information provided at the Board of Supervisors' meeting,the Albemarle County Board of Supervisors hereby approves the special exception to authorize the waiver of County Code § 18-21.7(c)as set forth above, subject to the condition attached hereto. * * * I,Claudette K.Borgersen,do hereby certify that the foregoing writing is a true,correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of to ,as recorded below,at a regular meeting held on Clerk,Board of County Supervisors Aye Nay Mr.Dill Mr. Gallaway Ms. Mallek Ms. McKeel Ms. Palmer Mr.Randolph SDP 2018-36 SDP 201800036 Oak Hill Convenience Store Special Exception Condition 1. Disturbance of the buffers is permitted only as it is described in the special exception request and in the areas shown on the plan entitled"Oak Hill Convenience Store Special Exception Request," prepared by Shimp Engineering,P.C. and dated October 11,2018,which is attached hereto and incorporated herein.