HomeMy WebLinkAboutSDP200400055 Executive Summary 2006-01-10COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SDP - 2004 -055 Pantops Place Preliminary
Site Plan, Critical Slopes Waiver
SUBJECT /PROPOSAL /REQUEST:
Request for waiver of Section 4.2.3.2 of the Zoning Ordinance to
allow disturbance of critical slopes.
STAFF CONTACT(S): Francis H. MacCall & Mark Chambers
PROPERTY OWNER & APPLICANT: Pantops Investors LLC
AGENDA DATE: January 10, 2006
CONSENT AGENDA: Yes
ACTION: Yes
ATTACHMENTS: Yes
REVIEWED BY:DEB, WDF
BACKGROUND: The subject parcel, Tax Map 78, Parcel 13A, is located on Richmond Road [Route # 250E] just
west of the intersection of Richmond Road and Hansen Road, in the Rivanna Magisterial District, and is zoned HC &
EC (Highway Commercial, Entrance Corridor) (Attachment A). The applicant is proposing to disturb critical slopes in
order to accommodate the construction of a new 18,271 square foot office building and associated parking.
Section 4.2.3.2 prohibits disturbance of critical slopes. With Planning Commission approval of a waiver of Section
4.2.3.2 the preliminary site plan may be approved administratively (Attachment B).
DISCUSSION:
Critical Slopes Waiver
A modification to allow critical slopes disturbance is necessary before this proposal can be approved by the Site Review
Committee. The request for a modification has been reviewed for both the Engineering and Planning aspects of the critical
slopes regulations. Critical slopes disturbances that are exempt from the requirements of Section 4.2 include the installation
of stormwater and sanitary sewer utilities and construction of accessways, provided that no reasonable alternative location or
alignment exists.
Staff has reviewed this waiver request with consideration for the five (5) concerns that are set forth in Section
4.2 of the Zoning Ordinance entitled "Critical Slopes." Staff has reviewed this request as required by Sections 4.2 and
4.2.5 of the ordinance. This review is divided into two parts, a review for the engineering impacts and a review of
impact on aesthetic resources.
Review of the request by Current Development Engineering staff:
5,200 square feet, (66 %) of the critical slope is adjacent to US Route 250E and is likely a fill slope created during the
construction of US Route 250E. The remainder of critical slope (34 %) is distributed along the east side of the parcel in
4 areas ranging from 50 to 2,100 square feet. All of the areas of critical slope are wooded.
Description of Areas
Area SF (Acreage)
Total Critical slopes
SF (Acreage)
Critical slopes disturbed
SF (Acreage)
% of Critical
slopes disturbed
TMP 78 -13A
57,787 (1.3266 ac)
7,841 (.18 ac)
7,405 (0.17 ac)
94%
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
1. "movement of soil and rock"
Proper slope construction, control of drainage, and vegetative stabilization will prevent any movement of soil.
2. "excessive stormwater runoff'
The site design will include provisions to manage stormwater runoff through the use of BMPs that will address
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detention and water quality.
3. "siltation"
Inspection and bonding by the County will ensure siltation control during construction. Proper stabilization and
maintenance will ensure long term stability.
4. "loss of aesthetic resource" See Review of the request by Current Development Planning and Zoning staff.
5. "septic effluent ": This is not a concern as the site is serviced by public sewer.
Based on the review above, there are no engineering concerns which prohibit the disturbance of the critical slopes as
shown.
Review of the request by Current Development Planning and Zoning staff:
The Planning analysis of this request addresses the concern for the possible loss of aesthetic resources. The majority of
the site is wooded.
Staff finds that none of the critical slopes proposed for disturbance are delineated on the Open Space Plan Composite
Map for the Pantops Area of Neighborhood 3, nor are they located within any Major or Locally Important Stream
Valleys or Mountains, all of which are designated as important resources that are often associated with critical slopes.
Therefore, staff has identified no significant concerns for the possible loss of aesthetic resources.
Summary of review of modification of Section 4.2:
Section 4.2.5 establishes the review process and criteria for granting a waiver of Section 4.2.3. The preceding
comments by staff address the provisions of Section 4.2.5a. Staff has included the provisions of Section 4.2.5b here,
along with staff comment on the various provisions.
The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that:
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 of section 4.2 to at least an equivalent degree; or
The amount of critical slopes proposed for disturbance on this site is minimal and there are no important
resources that have been recognized in those locations. Therefore, staff finds that a strict application of the
requirements set forth in Section 4.2 would not forward the purposes of this chapter or otherwise serve the
public health, safety or welfare.
2. Due to its unusual size, topography, shape of the property, location of the property or other unusual
conditions, excluding the proprietary interest of the developer, the requirements of section 4.2 would
effectively prohibit or unreasonably restrict the use of the property or would result in significant
degradation of the site or adjacent proper ties. 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
Approval of the waiver would accommodate the by -right infill development of property within the development
areas with minimal impacts. Facilitating infill development within the development areas is supportive of the
Comprehensive Plan goal of protecting and efficiently utilizing County resources.
3. Granting such modification or waiver would serve a public purpose of greater import than would be
served by strict application of section 4.2
Staff has identified no evidence that the act of granting the proposed waiver would serve any greater public
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purpose than would be served by a strict application of Section 4.2.
Generally staff finds that this request is consistent with the criteria of Section 4.2.5a for granting a waiver and is
therefore able to recommend approval to the Commission of a waiver of Section 4.2.3.
RECOMMENDED ACTION: Staff recommends approval of a waiver of Section 4.2.3.2 of the Zoning Ordinance, to
allow the disturbance of critical slopes. With approval of the critical slopes waiver request, the preliminary site plan
may be approved administratively.
Attachments:
A. Detail /Location Map
B. Site Plan
C. Applicant's request letter
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