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HomeMy WebLinkAboutSDP200500007 Executive Summary 2005-02-23COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SDP - 2005 -007 Boar's Head Inn Sports Club Minor Amendment Critical Slopes SUBJECT /PROPO SAL /RE OUE ST : Request pursuant to Section 4.2.5.2, to allow for the disturbance of critical slopes. STAFF CONTACT(S): Francis H. MacCall & Steve Snell AGENDA DATE: February 22, 2005 CONSENT AGENDA: Yes ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: WDF /AGM BACKGROUND: The subject parcel, Tax Map 59D2 -01 Parcel 15 is located on Ivy Road [Route # 250W] just west of the entrance to Ednam Village and south of the Boar's Head Inn, in the Samuel Miller Magisterial District, and is zoned HC (Highway Commercial) (Attachment A). The applicant is proposing to disturb critical slopes to for the construction of additional deck for the existing pool. With Planning Commission approval of the waiver request, staff may administratively approve the site plan amendment (Attachment B). DISCUSSION: Section 4.2.3.2 of the Zoning Ordinance restricts earth - disturbing activity on critical slopes. Section 4.2.5 (b) allows the Planning Commission to waive the restriction upon finding that at least one of the following applies: 1. Strict application of the requirements of section 4.2 would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer would satisfy the purposes ofsection 4.2 to at least an equivalent degree; or 2. Due to its unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding theproprietary interest of the developer, the requirements ofsection 4.2 would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the site or adjacent properties. Such modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or be contrary to sound engineering practices; or 3. Granting such modification or waiver would serve a public purpose of greater import than would be served by strict application ofsection 4.2. The applicant has submitted a waiver request and justification. (Attachment Q. Critical slopes make up 0.759 acres of the sites 4.806 acres, or approximately 16% of the site area. Of those critical slopes, 6.7% percent are proposed for disturbance. The proposed disturbance will take place to allow the grading necessary for the construction of retaining walls necessary for the pool deck expansion. The critical slopes are covered with grass. (Attachment B, C & D) Pursuant to Section 4.2.5 (a) staff finds that the five health, safety, and welfare concerns set forth in Section 4.2 have been adequately addressed. In particular staff notes that the critical slopes are of no aesthetic importance with relation to this or any adjacent property and that none of these slopes are delineated on the Open Space Plan Composite Map, and that none of the other Open Space resources recommended for protection are present in the areas where critical slopes disturbance is proposed. The remaining concerns for health, safety, and welfare provisions of Section 4.2 of the Zoning Ordinance have been addressed by the Zoning & Current Development engineer. The engineer has found no conflict with this request and recommends approval of the waiver (Attachment D). Pursuant to Section 4.2.5 (b) (2) staff believes that because the slopes proposed for disturbance are man made critical slopes, created with the development of the current pool, the requirements of section 4.2 would unreasonably restrict the expansion of the pool deck. Such waiver will not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or be contrary to sound engineering practices. RECOMMENDATION: Staff recommends approval of the request to disturb the critical slopes. Attachments: A. Detail & Location Maps B. Site Plan Reductions C. Applicants justification with plans D. County Engineer Analysis.