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Home My WebLink AboutSDP200600038 Legacy Document 2006-05-26COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SDP 06 -038 Korean Community Church - Critical slopes waiver request SUBJECT /PROPOSAL/REQUEST: Request for waiver of Sec. 4.2 building site requirements in order to construct portions of parking and drive aisles, as well as associated grading on critical slopes. STAFF CONTACT(S): David Pennock, Mark Chambers AGENDA DATE: June 6, 2006 ITEM NUMBER: CONSENT AGENDA: Yes ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: WDF PROPERTY OWNER: Korean Community Church in Charlottesville APPLICANT: Korean Community Church in Charlottesville BACKGROUND: There is a site plan currently under review for the construction of a new church on this property. The current church is on adjacent property, along with the Christian Aid Mission. This request is for waiver of Sec. 4.2 (building site requirements) in order to construct portions of parking and drive aisles, as well as associated grading on critical slopes. DISCUSSION: Staff has reviewed the modification of critical slopes. RECOMMENDATION: Generally staff finds that this request is consistent with the criteria of Section 4.2.5(a) for granting a modification to allow disturbance on critical slopes. Therefore, staff recommends approval to the Commission of a modification of Section 4.2.3. ATTACHMENTS: Staff Report STAFF CONTACT: David E. Pennock, AICP PLANNING COMMISSION: June 6, 2006 AGENDA TITLE: SDP 2006 -038: Korean Community Church - Preliminary Site Plan PROPERTY OWNER: Korean Community Church in Charlottesville APPLICANT: Korean Community Church in Charlottesville APPLICANT'S PROPOSAL: Request for preliminary site plan approval for construction of a two -story church with a 6,090 square feet footprint on 3.851 acres zoned HC - Highway Commercial and EC - Entrance Corridor. The property, described as Tax Map 59, Parcel 23G, is located in the Samuel Miller Magisterial District 350 feet from Ivy Road (Route #250) approximately 0.28 miles from its intersection with Broomley Road (Route #677) (Attachment A). PLANNING AND ZONING HISTORY: SUB 93 -154: This property was formerly a part of the property currently occupied by the Christian Aid Mission and the current Korean Community Church. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Areas in Rural Area 1. REASON FOR PLANNING COMMISSION REVIEW: Approval of this application requires Planning Commission approval of a modification of Section 4.2 in order to allow disturbance of critical slopes. REVIEW OF MODIFICATION OF SECTION 4.2.3 TO ALLOW ACTIVITY ON CRITICAL SLOPES: DISCUSSION: Critical Slopes Waiver: Section 4.2.3.2 of the Zoning Ordinance restricts earth - disturbing activity on critical slopes, while Section 4.2.5.b allows the Planning Commission to waive this restriction. The applicant has submitted a request and justification for the waiver (Attachment C), and staff has analyzed this request to address the provisions of the ordinance. Critical slopes cover approximately 0.21 acres, or 15 percent, of the 3.851 acres included in this request. This request is to disturb 0.17 acres, or 52 percent, of these critical slopes. The critical slopes in the area of this request do not appear to be man -made. Staff has reviewed this waiver request with consideration for the concerns that are set forth in Section 4.2 of the Zoning Ordinance, entitled "Critical Slopes." These concerns have been addressed directly through the analysis provided herein, which is presented in two parts, based on the Section of the Ordinance each pertains to. The Open Space Plan is the primary tool used by staff to identify aesthetic resources. The maps in the Open Space Plan include inventory maps which show all resources. The composite map indicates the resources that are of the highest significance or are part of a system forming a significant resource, such as a stream valley or mountain range. The Open Space Plan shows "slopes > 25 %" on this property on the "Inventory Map 1 ". However, they are not reflected on the "Composite Map ". Based on the content of the Open Space Plan, staff opinion is that the critical slopes on this site do not represent a significant resource. Section 4.2.5(a): 2 There are 7 areas of critical slope on the parcel, the majority of which (76 %) are on the north half of the parcel. The center of the parcel is void of critical slope, averaging a 10% gradient. The remaining 24% of critical slope areas are along the south boundary and in the south west corner. The majority of the parcel, including areas of critical slope is wooded with early succession growth, a mixture of hard wood and pine. Areas Acres Total site 3.851 Critical slopes .21 ac 15 % of site Critical slopes disturbed .17 ac 52% of critical slopes Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: Not Applicable Compliance with Zoning Ordinance 18 -4.2: "movement of soil and rock" The affected areas of critical slope are not adjacent to the property boundary, which will allow adequate work space and room for sediment control devices to address movement of soil and rock. There are no streams on the property eliminating the danger of soil or rock sloughing directly into a stream channel. "excessive stormwater runoff' The site design will include provisions to manage stormwater runoff through the use of BMPs that will address detention and water quality. The applicant may need to obtain an easement and create an adequate channel on the neighboring parcel dependent upon final design of the sites Stormwater infrastructure. "siltation" Inspection and bonding of erosion and sediment control measures by the County will ensure siltation control during construction. Proper stabilization and maintenance will ensure long term stability. "loss of aesthetic resource" The critical slopes as with the rest of the parcel are vegetated with early succession growth and in the opinion of staff is not a valuable aesthetic resource. However, this is a matter ofpersonal opinion and the slopes along with the development activity will be visible from neighboring residential parcels to the north. "septic effluent" The proposed septic field is not in an area of critical slope. Based on the review above, there are no engineering concerns which prohibit the disturbance of the critical slopes as shown. Section 4.2.5(b): Staff has included the provisions of Section 4.2.5b here (in italics), along with staff comment on the various provisions: b. The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that: (Amended 11- 15 -89) 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 (Added 11- 15 -89) Based on the Engineering analysis provided above, it is staff s opinion that a strict application of the requirements set forth in Section 4.2 would not act to forward the purposes of the chapter and otherwise serve the public health, safety or welfare in this case. 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 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 (Added 11- 15 -89) Because of the relatively small areas of critical slopes on the site, this plan could potentially be redesigned to avoid critical slopes areas. However, some reduction in scale would likely be necessary, especially given the scattering of slopes on the site. The requirements of the Ordinance do not unreasonably restrict the use of the property. 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. (Added 11- 15 -89) There are no immediately identifiable reasons that would be considered of greater import. RECOMMENDATION: Based on the analysis of the Open Space and Critical Resources Plan and on the review of the engineering criteria presented above, staff opinion is that the relatively small areas of critical slopes proposed for disturbance via this site plan are acceptable. Staff has reviewed this request with consideration for the required criteria and recommends Planning Commission approval. Attachments: A - Tax Map/Location Map B - Site Plan Reduction C - Applicant's Request and Justification 2