HomeMy WebLinkAboutRS200400020 Legacy Document 2005-02-02COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: RS 04 -020 Fontana, Phase 4A, Lots 74
and 75 - Critical Slopes Waiver
SUBJECT/PROPOSAL/REOUEST: Request for approval
of a critical slopes waiver which will allow the construction of
a single family home on each parcel. The properties, described
as portions of Tax Map 78E, Parcel A, contain 0.6314 acres
zoned R -4, Residential in the Rivanna Magisterial District
(Attachment A). This site is located in the Fontana
Subdivision off of Verona Drive on Aviano Way. The
Comprehensive Plan designates this property for
Neighborhood Density uses in Neighborhood 3.
STAFF CONTACT(S):
Yadira Amarante & Jack Kelsey
AGENDA DATE: January 25, 2005
ITEM NUMBER:
CONSENT AGENDA: Yes
ACTION: Yes INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY: BF
BACKGROUND: The rezoning for this development (ZMA 94 -06) was approved 1/18/95 with the
following proffer: "There will be no grading or construction on slopes of 25% or greater except as
necessary for accessways, public utility lines and appurtenances, stormwater management facilities and the
like except as approved by the County Engineer. Topographic information for all portions of the property
will be provided with 5 foot or less contour intervals," (Attachment B).
The final subdivision plat (SUB 03 -320 - final prior to preliminary approval) for this phase of Fontana was
approved 7/13/04 showing no disturbance of the critical slopes on Lots 74 and 75, (Attachment Q.
This request is to allow disturbance of the critical slopes shown on Lots 74 and 75 for the construction of a
single family home on each lot, (Attachment D).
DISCUSSION: Since the proffer reflects the restrictions in the Zoning Ordinance regarding critical slopes,
staff will base this analysis on some portions of Section 4.2.3.2 of the Zoning Ordinance. Given the nature of
the proffer much of the review was based on the County Engineer's professional opinion.
Section 4.2.3.2 of the Zoning Ordinance restricts earth - disturbing activity on critical slopes, while Section 4.2.5
allows the Planning Commission to waive this restriction upon finding that a strict application of these
provisions would not forward the purposes of the Zoning Ordinance, (Attachment E). The applicant has
submitted a request and justification for the waiver which addresses as applicable, the five health, safety, and
welfare concerns that are set forth in the Ordinance, (Attachment F).
According to the County Engineer's review, (Attachment G), critical slopes cover a total area of approximately
0.042 acres, which is 6.7% of the total site area. The construction of homes on this site, as shown on Attachment
D, would result in the disturbance of 100% of those critical slopes. He states, "To develop these lots, impacts to
the critical slopes is unavoidable. "No Build" could be an option, however; this property is zoned R4 and is located
within a "development area ". If the County's objective is to assure dwelling densities are achieved within our
development areas, such an option would not be beneficial. The proposed dwellings could be pushed to the rear of
the lots such that the dwellings could be constructed outside of the area of critical slopes depicted on the aerial
topography. However, this option negatively impacts reasonable access to the dwellings, more of the property is
disturbed by the grading activity, and eliminates the visual buffer provided by the grading plan with the critical slope
waiver. In addition, some steep slopes will be created and retaining walls may be necessary to assure a 2:1
maximum slope is not exceeded."
Planning staff s analysis of this request gives consideration to the possible loss of aesthetic resources. Staff
finds that the critical slopes at this site are not identified as an important resource in the Open Space Plan
Composite Map for Neighborhood 3.
It is important to note that these critical slopes were man made for an old jeep trail and that the true area of critical
slopes, rather than what was shown on the preliminary plat, is shown in Appendix A of Attachment G.
FINDINGS: Staff finds that the five health, safety, and welfare concerns set forth in Section 4.2 have been
adequately addressed and that strict application of these provisions would not forward the following related
purposes of the Zoning Ordinance:
[18.1.4.11 To provide for adequate light, air, convenience of access...;
- Allowing this grading will facilitate reasonable access to the dwellings.
[18.1.4.3] To facilitate the creation of a convenient, attractive and harmonious community,
- Allowing this grading will allow the dwellings to be constructed closer to the street.
RECOMMENDATION: Current Development staff hereby recommends approval ofthe requested critical slopes
waiver with conditions:
RECOMMENDED CONDITIONS OF APPROVAL:
1. The slopes at the rear of the lots shall be stabilized with a low maintenance variety of grass, rather than
"lawn" type of grasses, or by a combination of ground cover and wood mulch approved by the Program
Authority.
Attachments:
A - Tax Map/Location Map
B - ZMA 94 -06 Approval letter and proffers
C - Approved Final Plat and exhibit showing critical slopes
D - Proposed construction
E - Purposes of the Zoning Ordinance
F - Applicant's Requests and Justifications - Dated 11/24/04
G- County Engineer Analysis -Dated 1/12/05
2