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Home My WebLink AboutSUB200700358 Staff Report 2007-12-21J4, 1 Ryla- I`ll xi 1•t4' ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SUB 07 -358: Critical Slopes Staff: David E. Pennock; Jonathan Sharp Waiver — Keith Curtin Planning Commission Public Hearing: Board of Supervisors Hearing: December 18, 2007 Not applicable Owners: Keith W. or Laurie H. Curtin Applicant: Keith Curtin Acreage: 1.133 Acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 60A, Section 10, Parcel 5 By -right use: RA, Rural Areas Location: Located on Old Forge Road (Rte. 1472) 750 feet from its intersection with Sturbridge Road (Rte. 1473) within the existing Hessian Hills Subdivision Magisterial District: Jack Jouett Proffers /Conditions: Yes Requested # of Dwelling Lots: n/a DA — RA — X Proposal: Request for approval of a critical Comp. Plan Designation: The slopes waiver to enable construction of a 384 Comprehensive Plan designates this property square foot storage building /workshop, which as Rural Areas in Rural Area 1. would replace an existing (smaller) shed. Character of Property: Single- family Use of Surrounding Properties: Existing residence on a partially wooded lot with rear Hessian Hills Subdivision and other single - yard sloping down to a stream family residential uses on all sides; Factors Favorable: Factors Unfavorable: 1. Disturbed area is minimal. None Identified 2. Accessory structure will replace previously installed structure. RECOMMENDATION: Staff recommends approval of the critical slopes waiver with the condition recommended below: 1. The applicant must obtain an approved mitigation plan for the proposed stream buffer disturbance. STAFF PERSON: PLANNING COMMISSION: AGENDA TITLE: APPLICANT: PROPERTY OWNER(S): David E. Pennock, AICP; Jonathan Sharp December 18, 2007 SUB 07 -358: Critical Slopes Waiver — Keith Curtin Keith Curtin Keith W. or Laurie H. Curtin APPLICANT'S PROPOSAL: Request for approval of a critical slopes waiver to enable construction of a 384 square foot storage building /workshop, which would replace an existing (smaller) shed. This property is described as Tax Map 60A, Section 10, Parcel 5, and is zoned RA, Rural Areas. The property is located in the Jack Jouett Magisterial District. This property is located on Old Forge Road (Rte. 1472) 750 feet from its intersection with Sturbridge Road (Rte. 1473) within the existing Hessian Hills Subdivision. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Areas in Rural Area 1. PLANNING AND ZONING HISTORY: SUB 1980 -177: A final plat was recorded for Section 7 of Hession Hills Subdivision. REASON FOR PLANNING COMMISSION REVIEW: A building permit for installation of this shed was submitted in September, 2007. A preliminary zoning inspection indicated that the building location may be on critical slopes. The applicant obtained a survey that confirmed that a small portion of the building area is indeed on critical slopes (Attachment A). Because the structure is an accessory structure, it is not exempted from the building site restrictions in Section 4.2 of the Zoning Ordinance. As such, a waiver from the Planning Commission is required prior to issuance of the building permit for this structure. CRITICAL SLOPES WAIVER 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 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 0.65 acres, or 58 percent of the lot. This request is to disturb 40 square feet, or approximately 0.1 percent, of these critical slopes. The critical slopes in the area of this request may be man -made, but are not part of an approved plan on file with Albemarle County. 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 Engineering staff: The critical slope waiver request has been reviewed. The engineering analysis of the request follows: Description of critical slope area and proposed disturbance: A new shed has been proposed in the location where an old shed was located. About 100 square feet of the proposed building will be located within a protected County Stream Buffer. Areas Total site 1.13 acres approximately Critical slopes 0.65 acres 58% of site Critical slopes disturbed 40 sq ft 0.1% 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" Little to no grading is required. Proper construction and stabilization will prevent any movement of soil. "excessive stormwater runoff" Any increase in stormwater runoff is insignificant. "siltation " Little to no grading is required. Proper construction will ensure siltation control. "loss of aesthetic resource " It appears no trees will be removed to construct the proposed shed. "septic effluent" This area is served by public sewer. Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: The disturbed critical slopes are not exempt, as this is an accessory structure. Based on the above review, Engineering recommends approval to the critical slope waiver based on the following condition: The applicant must obtain an approved mitigation plan for the proposed stream buffer disturbance. [Note that a mitigation plan is currently under review] 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: 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 (Added 11- 15 -89) No alternatives have been proposed by the applicant. The relative impact of the location of the shed on the property may have an impact on a portion of a designated stream buffer. A mitigation plan is currently under review to alleviate any potential effect. Staff finds that a strict application of the requirements set forth in Section 4.2 would forward the purposes of this chapter and 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 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. A single family house currently is located on 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) The resources on the site have not been indicated as significant resources in the Open Space Plan. The proposed 384 square -foot shed in this location will replace a 120 square -foot shed previously located on the lot. In addition, it appears from a site inspection that the proposed location for the shed may have been graded during the installation of the previous shed or the house itself. A deck was constructed around the previously installed shed, and a path/drive appeared to be implemented for access. With the removal of the old structure, these features are moot. Due to the very small area of disturbance necessary, and due to the fact that the shed will be a replacement structure, staff concludes that granting of this waiver will serve a public purpose by allowing the replacement and upgrade of an accessory structure. RECOMMENDATION: Based on the analysis presented in the review by engineering staff and upon the analysis presented in 4.2.5(b) above, staff recommends approval of the critical slopes waiver with the condition recommended below: 2. The applicant must obtain an approved mitigation plan for the proposed stream buffer disturbance. ATTACHMENTS: A. Site Plan of Portion of Lot 5 B. Location/Detail Maps C. Applicant's Request and Justification