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Home My WebLink AboutSDP201300009 Executive Summary 2013-05-01 •.. COUNTY OF ALBEMARLE -- EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: May 1, 2013 SDP201300009 Seminole Trail Fire Station - Zoning Ordinance Waivers ACTION: INFORMATION: SUBJECT /PROPOSAL /REQUEST: CONSENT AGENDA: Approval of the following sections of the Zoning ACTION: X INFORMATION: Ordinance: 1. Section 4.2 Critical Slopes ATTACHMENTS: No 2. Section 21.7(c) Buffer zone adjacent to residential and rural areas districts REVIEWED BY: STAFF CONTACT(S): Mr. Benish, Ms. Ray, and Ms. Roberge LEGAL REVIEW: No BACKGROUND: The Seminole Trail Volunteer Fire Department is located at 3055 Berkmar Drive, approximately 850 feet south of the intersection with Rio Road [631]. It was built in 1980 and has served the Seminole Trail area of the County since that time. This application is a request for approval of a major site plan amendment to build a 10,500 sf addition to the fire station, including two additional bays. It includes the building addition, which will replace a portion of site parking, and access reconfiguration to separate emergency and non - emergency traffic. The applicant is requesting two special exceptions: one for disturbance of small areas of man -made critical slopes, and one for disturbance of the buffer zone adjacent to residential districts. Staff is recommending approval of both waiver requests. STRATEGIC PLAN: Goal 2: Provide community facilities that meet existing and future needs. Goal 5: Ensure the health and safety of the community. DISCUSSION: 1. CRITICAL SLOPES WAIVER The proposed development will require the disturbance of critical slopes. A modification to allow critical slopes disturbance is necessary before the site plan can be approved by staff. The applicant has submitted a request and justification for the waiver, and this request has been reviewed for both the Engineering and Planning aspects of the critical slopes regulations. Section 4.2.1(a) of the Zoning Ordinance requires that the building site, and thus any improvements and earth- disturbing activity, be free from critical slopes. Section 4.2.5(b) allows the Agent to waive this restriction when the slopes were created through development pursuant to an approved Site Plan. However, the waiver must now be approved by the Board of Supervisors as a Special Exception under Chapter 18 Sections 4.2.1(b) and 33.5. The critical slopes in the area of this request appear to be man -made and created pursuant to the original approved site plan for this parcel. Staff is recommending approval of this waiver request. This recommendation for approval is based on staffs assessment which finds that the proposed disturbance substantially meets the requirements listed in Section 4.2.5(b): Review of the request by Engineering staff: Description of critical slope area and proposed disturbance: The critical slopes proposed as being disturbed are man -made slopes of 2:1 that were created when the fire station was constructed. There are three critical slope areas on site; the first critical slope is along Berkmar Drive, the second is located in between the fire station and parking lot, and the third is behind the fire station. The applicant requests to disturb these critical slopes for a proposed building addition, for an access to separate the emergency and non - emergency traffic, and for a proposed mechanical pad. SEMINOLE TRAIL FIRE STATION WAIVERS MAY 1, 2013 BOS 1 Areas Acres Total site 1.785 acres approximately Critical slopes 0.18 acres 10% of site Critical slopes disturbed .08 acres 44% of critical slopes Compliance with Zoning Ordinance 18 -4.2: "movement of soil and rock" The site will require proper slope construction, control of drainage, and vegetative stabilization to prevent any movement of soil. The elevation of the existing building is much lower than the existing parking lot. The proposed building addition will cut into the existing topography and retaining walls will be required in between the parking lot and the building addition. "excessive stormwater runoff" The critical slope runoff located along Berkmar Drive is currently draining into a culvert under the existing entrance road and routed to a vegetative area south of the fire station. The disturbance of this critical slope and the additional impervious entrance road will increase the runoff. The proposed building addition will also increase the runoff. A stormwater management analysis will determine if the size of the existing culvert needs to be increased and if erosion control measures are warranted in the vegetative area. "siltation" Inspection and bonding 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 on site are manmade and were approved on a site plan for the existing fire station. "septic effluent" The proposed site will not release any septic effluent to the surrounding environment. The site is serviced by public sewer. The critical slope along Berkmar Drive is exempt from the critical slopes waiver due to no reasonable alternative locations for an additional entrance. The critical slope in between the fire station and the parking lot are also exempt provided that retaining walls are designed for areas with an elevation difference of 6' or greater. The critical slope behind the Fire Station will have minimal disturbance for a mechanical pad. I recommend approval of the disturbance of these manmade critical slopes. Review of the request by Planning staff: The agent may grant a waiver if he or she finds that: 1. The property is not identified in the open space plan as one having any protected resources and a field inspection has confirmed that there are no significant or critical features on the property identified for protection in the open space plan; 2. There is no reasonable alternative that would eliminate or reduce the disturbance of critical slopes; 3. The developer or subdivider submitted and obtained approval from the program authority of an erosion and sediment control plan, regardless of whether the area disturbed is less than ten thousand (10, 000) square feet; and 4. The developer or subdivider submitted and obtained approval from the county engineer of a plan that describes how the movement of soil and rock, stormwater runoff, siltation of natural and man -made bodies of water, the loss of aesthetic resources identified in the open space element of the comprehensive plan and, in the event of the failure of a treatment works and subsurface drainfield, a greater travel distance of septic effluent, will be mitigated through design, construction techniques, revegetation, stormwater management and other best management practices. Based on the County Engineer's comments, staff finds that this request meets the criteria noted above. These slopes are not identified on the Open Space Plan and most are man -made. There are no concerns that would cause staff to object to the approval of the proposed critical slope disturbance request. Staff is recommending approval of this critical slope waiver request. 2. BUFFER ZONE WAIVER The proposed development will require the disturbance of the buffer zone. A modification to allow this buffer zone disturbance is necessary before the site plan can be approved by staff. The applicant has submitted a request and SEMINOLE TRAIL FIRE STATION WAIVERS MAY 1, 2013 BOS 2 justification for the waiver, and this rest has been reviewed against the buffer a-we regulations. Section 21.7(c) of the Zoning Ordinance requires that no construction activity including grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural areas district and that screening shall be provided as required in section 32.7.9. Section 21.7(c)1 allows the commission to waive this prohibition as follows: The commission may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case where the developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved site design, provided that: (i) minimum screening requirements are met and (ii) existing landscaping in excess of minimum requirements is substantially restored. However, the waiver must now be approved by the Board of Supervisors as a Special Exception under Chapter 18 Section 33.5. Description of proposed buffer disturbance: The site currently has a portion of existing parking lot and a dumpster pad within this buffer zone. The waiver request includes the following items: • Disturbance of the 20' buffer zone at the back of the parking lot in close proximity to the location of the new ADA compliant parking spaces. The extent of the disturbance would be removal of the existing 10' x 10' concrete dumpster pad and a portion of the parking lot within the buffer area, as well as the subsequent minor grading and seeding to repair the depression in this area from their removal. • A small corner section (approx. 12 square feet) of new concrete sidewalk that extends into the 20' buffer zone at the location where the ADA compliant parking spaces connect to this sidewalk. This allows users of the ADA parking spaces direct access to a sidewalk route into the building. • Existing fencing and screening vegetation are present within the buffer area, but supplementary plantings are also proposed to provide additional screening and to enhance the site. Staff finds that the disturbance within the buffer will result in an improved site design, and supplemental landscaping will be provided to enhance the buffer area. Based on the review above, there are no concerns that would cause staff to object to the approval of the proposed buffer zone disturbance request. Staff is recommending approval of this buffer zone waiver request. RECOMMENDATION: Staff recommends approval of the critical slopes waiver and the buffer zone waiver. SEMINOLE TRAIL FIRE STATION WAIVERS MAY 1, 2013 BOS 3