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Home My WebLink AboutSDP200700150 Legacy Document 2008-03-04 (4)J7RGl1st�' ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SDP2007 -150- Bonner Critical Staff: Megan Yaniglos- Planner Slopes Waiver Planning Commission Public Hearing: Board of Supervisors Hearing: March 11, 2008 Not applicable Owners: Lane or Anne Bonner Applicant: Lane Bonner Acreage: 2.795 acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 76C -02, Parcel 4 By -right use: R1- Residential Location: Adjacent to the Bellair Subdivision on Deer Path Road [Route 809] approximately 500 feet from the intersection with Old Farm Road [Route 846]. Magisterial District: Samuel Miller Proffers /Conditions: No Requested # of Dwelling Lots: n/a DA — X RA — n/a Proposal: Proposal for a waiver to zoning ordinance Comp. Plan Designation: The section 4.2, Critical Slopes. The request is for a Comprehensive Plan designates this property waiver to allow the disturbance of critical slopes in as Neighborhood Density in Urban Area 6. the development areas. Character of Property: This property contains an Use of Surrounding Properties: existing house and is mainly wooded with an Residential /Single Family Homes intermittent stream and a pond, located adjacent to the Bellair subdivision. RECOMMENDATION: Zoning Ordinance Waivers: 1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, denial) STAFF PERSON: Megan Yaniglos- Planner, Jonathan Sharp- Engineer PLANNING COMMISSION: March 11, 2008 AGENDA TITLE: SDP2007 -150 Bonner Critical Slopes Waiver APPLICANT: Lane Bonner PROPERTY OWNER(S): Lane or Anne Bonner APPLICANT'S PROPOSAL: Proposal for a waiver to zoning ordinance section 4.2, Critical Slopes. The request is for a waiver to allow the disturbance of critical slopes in the development areas. [Attachment B]. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Neighborhood Density in Urban Area 6. REASON FOR PLANNING COMMISSION REVIEW: The applicant has requested a waiver of zoning ordinance requirements to allow disturbance of critical slopes. PLANNING AND ZONING HISTORY: SUB2007 -164- Boundary line adjustment for tax maps 76C -02 parcel 1, 76C -02 parcel 4, and 76C -02 parcel 5 that was approved in June 2007 and recorded. The property was issued a notice of violation for the disturbance of critical slopes by the Zoning Division on December 4, 2007 [Attachment G]. This property has a single family dwelling which was constructed in 1953 according to County records. Based on a review of available aerial photos it appears that the access to this dwelling has always been to Edgemont Lane and not to Deer Path. The applicant is the owner of the parcel under review and was the owner of Parcel 5. The driveway that served Parcel 4 crossed Parcel 5 in order to reach Edgemont Lane. The applicant has entered into a contract to sell Parcel 5; it is not know if that transfer has occurred. It is the County's position that the applicant's failure to preserve an easement for the driveway to serve Parcel 4 does not entitle Parcel 4 to any of the exemptions available by the ordinance for the disturbance of critical slopes. Further, it is the County's position that this situation is a self imposed hardship and as such does not place the County in a position where a modification to allow critical slopes must be granted. 1. CRITICAL SLOPES MODIFICATION The applicant is requesting approval for the disturbance of critical slopes that were disturbed during the construction of a driveway on the property [Attachment C]. The applicant did not get a waiver to disturb these critical slopes prior to constructing the driveway off of Deer Path Road, and is currently under violation from the Zoning Division for the disturbance [Attachment G]. The driveway that was constructed crosses an intermittent stream that runs parallel to Deer Path Road. There is an existing driveway that provided access to the property through the back of the parcel, however the applicant has abandoned that access. The request for a modification has been reviewed for both the Engineering and Planning aspects of the critical slopes regulations. Section 4.2.3.2 of the Zoning Ordinance restricts earth- disturbing activity on 2 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 .25 acres, or approximately 9 percent, of the 2.8 acres included in this request. The critical slopes disturbed were 750 square feet, or 7 percent, of the critical slopes. 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. Section 4.2.5(a) Review of the request by Current Development Engineeriny, staff: Description of critical slope area and proposed (existing) disturbance: A driveway has been installed on TMP 76- C -02 -4 to provide direct access to the house from Deer Path Road. The driveway was built partially on critical slopes areas. The area is predominantly wooded. The driveway was built on critical slopes without obtaining a critical slopes waiver (construction of the driveway is not exempt, see below). Areas Total site 2.8 acres approximately Critical slopes 0.25 acres 9% of site Critical slopes disturbed 750 sq ft 7% of critical slopes Below, each of the concerns of Zoning Ordinance section 18 -4.2 is discussed: Compliance with Zoning Ordinance 18 -4.2: "movement of soil and rock" Grading has already been preformed. Construction appears to be properly stabilized. "excessive stormwater runoff' Any increase in stormwater runoff is insignificant. "siltation" Driveway has already been installed and stabilized. Siltation does not appear to be a problem. "loss of aesthetic resource" The constructed disturbance can be seen from Deer Path Road and possibly by neighboring parcels. "septic effluent" Primary and reserve drainfields are already in place. Construction of the driveway has no effect on the drainfelds, and will not cause septic effluent to travel further distances. Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: The disturbed critical slopes are not exempt, as a prior existing driveway was in place to provide access from the street to the house site. The original driveway is a reasonable alternative location. Based on the above review, Engineering recommends approval to the critical slope waiver. The installed driveway appears to be properly stabilized. Review of the request by Current Development Planning staff: 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 4.2.5(a). Staff has included the provisions of Section 4.2.5(b) 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: 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) The applicant has an existing alternate driveway that accessed the parcel from Edgemont Lane. No alternative has been proposed that would satisfy the purposes of section 4.2 to at least an equivalent degree. 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) Denial of this waiver would not prohibit or restrict the use of the property, as there was an existing driveway to the parcel. However, if the waiver is denied the applicant will need to remove the new driveway and restore the site to its original topography. The removal of the new driveway will require more disturbance to the site, and may cause additional sediment into the existing intermittent stream. The Department of Enviromental Quality (DEQ) and The Army Corps of Engineers have inspected the parcel for compliance of their regulations. Their findings and comments are included in Attachment D. 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) Granting the waiver would not serve a public purpose of greater import. RECOMMENDATION: Since both favorable and unfavorable factors have been identified under this section, staff is unable to make an overall positive finding for the approval of the critical slopes waiver. 4 ATTACHMENTS: A. Plat B. Location/Detail Maps C. Applicant Justification D. DEQ and Army Corps of Engineers comments and findings E. Correspondence from Applicant's attorney F. Correspondence between Bellair residents and applicant G. Notice of Violation from Zoning Division H. Adjacent Owner Letter