HomeMy WebLinkAboutSUB200700407 Staff Report 2008-01-09o� arm
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB 07 -407: Day Residence
Staff: David Pennock, Jonathan Sharp
— Critical Slopes Waiver
Planning Commission Public Hearing:
Board of Supervisors Hearing:
January 15, 2008
Not applicable
Owners: Brian or Joan Day
Applicant: Terry Herndon
Acreage: 21.0
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 39, Parcel 21Z
By -right use: RA, Rural Areas
Location: At the end of Avalon Way [Private]
approximately 0. 15 miles from its intersection
with Saddleback Drive [Rte. 1228]
Magisterial District: Whitehall
Proffers /Conditions: No
Requested # of Dwelling Lots: n/a
DA — RA — Yes
Proposal: Request for a critical slopes waiver
Comp. Plan Designation: Rural Areas in
in order to allow the installation of a septic
Rural Area 1
drainfield to support a single - family residential
dwelling on an existing lot
Character of Property: This property is
Use of Surrounding Properties: Adjacent to
wooded and steep. No existing structures are
other rural residential lots.
on the site. An intermittent streambed runs
through the middle of the property.
Factors Favorable: (see report)
Factors Unfavorable: (see report)
RECOMMENDATION:
Staff recommends approval to the Commission of a waiver of Section 4.2.3.
STAFF PERSON:
PLANNING COMMISSION:
AGENDA TITLE:
David Pennock, Jonathan Sharp
January 15, 2008
SUB 07 -407: Day Residence — Critical Slopes Waiver
APPLICANT: Terry Herndon
PROPERTY OWNER(S): Brian or Joan Day
APPLICANT'S PROPOSAL:
Request for a critical slopes waiver in order to allow the installation of a septic drainfield to support a
single - family residential dwelling on an existing 21 acre lot. The property is zoned RA, Rural Areas,
and is located at the end of Avalon Way [Private] approximately 0. 15 miles from its intersection with
Saddleback Drive [Rte. 1228] (Attachment B).
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 1 in the Whitehall
Magisterial District.
REASON FOR PLANNING COMMISSION REVIEW:
This proposal is related to the installation of a septic drainfield to serve a single - family residence.
Typically, approval of this type of permit would be administrative. However, the proposed location of
the drainfield is in an area of critical slopes. As such, a waiver is required in accordance with Section
4.2.5 of the Zoning Ordinance. The applicant has requested such a waiver as outlined below and in
Attachment C.
PLANNING AND ZONING HISTORY:
SUB 1988 -104: Emerald Ridge — Preliminary plat approved with conditions by Planning Commission
on October 25, 1988 for a 30 -lot subdivision.
SUB 89 -115 and others — Final subdivision plats approved for other portions of this subdivision.
SUB 2000 -151— Lots 27, 28, and 29 of Emerald Ridge approved August, 2000.
SUB 2000 -220 — Boundary adjusted between Lot 26 (subject parcel) and Lot 27.
CRITICAL SLOPES WAIVER
A modification to allow critical slopes disturbance is necessary before the preliminary plat can be
approved by the Planning Commission. 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 17 acres, or 80 percent, of the 21 acres included in this request.
This request is to disturb 0.1 acres, or 0.58 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.
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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 those
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. These slopes are not reflected on the "Composite Map ". This
property is entirely at an elevation higher than 1,000 feet above sea level. As such, it is in the
recommended Mountain Overlay District of the Comprehensive Plan. However, it appears that care has
been taken in the siting of the house in order to avoid the ridgelines, stream buffers, and the majority of
the critical slopes. Based on the content of the Open Space Plan and the Comprehensive Plan, staff
opinion is that the critical slopes on this site do not represent a significant resource.
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 septic drain field has been proposed in a wooded area with critical slopes up to 30 -32 %. The entire
site is wooded. A County stream buffer runs through the site. The applicant feels that the proposed
location of the septic field is the only reasonable location on site, as it has adequate soils.
Areas
Total site
21 acres approximately
Critical slopes
17 acres
80% of site
Critical slopes disturbed
0.1 acres
0.58% 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"
Proper construction and stabilization will prevent any movement of soil.
"excessive stormwater runoff'
Any increase in stormwater runoff is insignificant.
"siltation"
Proper construction will ensure siltation control.
"loss of aesthetic resource"
The disturbance may be visible to adjacent neighboring properties and Avalon Way.
"septic effluent"
The majority of the site is located on critical slopes. It is difficult to tell if septic effluent as a result
of a septic system failure would travel a further distance if it was located outside of critical slopes.
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
The disturbed critical slopes are not exempt.
Based on the above review, Engineering recommends approval to the critical slope waiver.
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)
This parcel is significantly impacted by areas of critical slopes. In addition, a stream buffer
covers a large portion of the flattest remaining areas of the site. The applicant has proposed a
building site for the dwelling that will not impact critical slopes or the stream buffer. In addition,
the proposed service line connecting the house, septic tank, and drainfield is outside of areas of
these buffers and critical slopes. The drainfield is proposed within an area of critical slopes
varying between 30 and 32 percent. The grade in this area is approvable by the Health
Department, which has worked closely with the applicant to identify favorable soils on the
property. The design of the drainfield includes efforts to minimize any potential adverse effects
(such as installation of a French drain and berm upstream of the drainfield), as outlined in the
applicant's request letter. Based on these efforts and on the recommendation of the Health
Department, staff finds that a strict application of the requirements set forth in Section 4.2 would
not 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. However, some
significant redesign would be necessary, due to the variety of limitations on the property,
including the 100 foot stream buffer and many additional areas of critical slopes.
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)
It does not appear that granting this waiver will serve a greater public purpose than the
application of these regulations would.
RECOMMENDATION: Based on the recommendation of the Virginia Department of Health, it
appears that the applicant has taken adequate care to avoid environmentally sensitive areas of the
property while still attempting to abide the requirements of the Ordinance to the extent possible. The
proposed house will not be located on a ridgeline or domineering vista. Rather, it appears to be fairly
modest and will be sited in one of the only available building locations. Staff analysis indicates that
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there are no engineering concerns with the proposed modification. Based on these factors, staff
recommends approval of the waiver.
ATTACHMENTS:
A. Property Layout and Plan
B. Location/Detail Maps
C. Applicant's Request and Justification
_ L�l 1, � •- _
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6 ATTACHMENT A
ATTACHMENT B
To: Albemarle Planning Commission
From : Upstream Construction - Terry Herndon
Re. Lot 26 — 2290 Avalon Way, Emerald Midge, Crozet
TM 39 P21Z, white Hall, RA
Meeting bate. 1115/08
Commissioners:
Lot 26 is a 21 acre parcel located on the side of the mountain in Crozet with one buildable site. The
placement of the septic drainage field is problematic. The GIS critical slope map shows a potential
drainage field but Josh Kirtley with the Health Department says that it is a natural drainage area for the
ridge above and is not suitable for a septic field.
Due to the steep nature of the terrain and a 100' conservation easement, it has been determined by Mr:
Kirtley that there is only one viable location for the septic field. The soils rest well but the area is
between 30 and 32 degrees critical slope. This falls within state limits but the county limit Is 25 degrees.
We are requesting a variance to build a private residence for Brian and .loan tray. without the variance,
this is an unbuildable lot.
Mr. Kirtley feels that the 30 degree slope is the only suitable site for the drainage field. He has also
designed a berm and a French drain to locate upslope from the septic field. The 2' wide by 2'tali berm
will deflect any runoff from the mountain around the .septic field. The 2' wide by 3' deep gravel tilled
French drain will capture and redirect any remaining water which might go over the bean thereby
protecting the integrity of the septic field.
As required by code, the Health Department has allocated a reserve field location however the soil is
extremely rocky in this location and will permit an alternative drip system only. The reason for not
installing the alternative system now is that it is cost prohibitive at approximately $35,000.
Amelia McCulley and David Pennock have visited the site and, after a visual inspection, concur with the
Josh Kirtley's findings.
The Day's home is very unique. it will be built to the highest environmental standard in the country -
LEED for Homes. in addition to qualifying for the LEED for Homes standard, the home will be certified as
an EarthCraft House, an EnergyStar House and are American lung Association Health House.
A sampling of the environmental features include:
The home will be built with Insulated concrete Farms (ICFs), a state -of- the -art building system
that triples the insuiative valise of the walls resulting in large energy savings (30 -50%).
• The home will be heated with a Geothermal Loop system that uses the constant underground
temperature of the Earth to heat and cool the home with minimal energy use.
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• An Energy Recovery Ventilator (ERV) will be used to bring in fresh air and exhaust stale air from
the tightly .sealed home.
• The interior framing will be sustalrrable harvested under the Forest Stewardship Council {FSC)
certification.
Local materials (within a Stan mile radius) will be used whenever passible.
Low and Zero VOC materials will be used to minimize offgassing for superior indoor air duality.
Extremely lowflush toilets (1,1 gallons per flush) will be used as well as low flow shower heads.
• A rainwater harvesting system will be installed.
+ selective clearing wiU be practiced to minimize disturbing the forested site.
Non - invasive indigenous plantings will be used.
Brian Clay, the homeowner, is the Executive Director of the North American Association for
Environmental Education. Mr. Clay desires to open the construction of his home to UVA Architecture
Students, local architects and local citizens to share what is possible today in green building.
There will be three opportunities to tour the home throughout the construction process, one at the ICF
wall concrete pour, one at the Geothermal installation, and one before the walls are closed to show
advanced insulating techniques.
The home will also be featured on the EarthGraft Nome tour presented by the Blue Ridge Howie
Builder's Association.
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ATTACHMENT C
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