HomeMy WebLinkAboutWPO200800100 Review Comments Mitigation Plan 2008-12-19� OF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
Project: Garnett Trust — Stream Crossing Request [WP0200800100]
Plan preparer: Brian Smith (bpspe @embarqmail.com)
Owner: Yates Garnett, Mercer Garnett, Leigh Moon
Plan received date: 29 October 2008
Date of comments: 19 December 2008
Request to Develop in a Stream Buffer
The request to develop in a stream buffer on TMP 44 -4G has received Engineering Review. This
request can not be approved by the County's program authority until the Boundary Line Adjustment,
as proposed, has been approved by the County.
Parcel 44 -4G, as it currently exists, has a building site per Section 4.2.1 of the County Zoning
Ordinance, located on the portion of the parcel between Woodlands Road and the stream (accessible
without crossing the stream). In this instance, the following criteria of Section 17- 320(D)(6) of the
Water Protection Ordinance would apply:
In order to assure that the encroachment into or across the stream buffer is minimized, on and after
May 7, 2008, it shall be presumed that one stream crossing is adequate to serve the owner's lot(s)
existing on that date and all lots created therefrom on and after that date. The program authority
shall allow only one stream crossing to serve all lots, provided that it may allow additional crossings
under section 17- 321(4);
Therefore, one stream crossing is authorized by the Ordinance, provided that is meets the
requirements of Section 17- 320(D). The program authority would be unable to approve the proposed
crossing of the second stream because TMP 44 -4G, as it exists, does not meet the criteria of Section
17- 321(4). The stream buffer does not prohibit access to the lot.
Sec. 17 -321 Types of development which may be allowed in stream buffer by program authority.
Development in a stream buffer may be authorized by the program authority in the circumstances
described below, provided that a mitigation plan is submitted to, and approved, by the program
authority pursuant to section 17 -322:
4. on a lot on which the development in the stream buffer will consist of the construction and
maintenance of a road, street or driveway that would not satisfy the requirements of section 17-
320(D)and the program authority determines that the stream buffer would prohibit access to the lot
necessary for the lot to be used and developed as permitted in the underlying zoning district and
under the applicable regulations of the subdivision ordinance, or to establish more than one stream
crossing;
The parcel created by the proposed Boundary Line Adjustment, will no longer have a building site
between Woodlands Road and the first stream. However, it appears that there will still remain a
building site that meets Section 4.2.1 between the streams. Therefore, the criteria of Section 17-
321(4) is still not met for the second stream crossing.
Albemarle County Community Development
Engineering Review Comments
Page 2 of 2
However, if field -run topography, or soil studies find that there is not a building site between the
streams, and if the Boundary Line Adjustment is approved by the County, the parcel will meet the
criteria of 17- 321(4). In this case, the program authority may authorize the second stream crossing,
provided that it meets the requirements of Section 17- 320(D).
Disturbance of Critical Slopes
The proposed driveway alignment will cross two areas of critical slopes, as shown on the County's
2007 GIS topography. As the parcel currently exists, the disturbance of these critical slopes to
construct the driveway is not exempt under Section 4.2.6 of the Zoning Ordinance. A waiver to
disturb critical slopes would need to be granted by the Planning Commission under Section 4.2.5.
If the proposed Boundary Line Adjustment is approved by the County, the critical slopes of the first
stream bank would be exempt from the requirement of a waiver under Section 4.2.6.c. However, the
critical slopes disturbed to cross the second creek would still require a waiver, unless as previously
stated, it is determined that a building site does not exist between the streams. In that case, the revised
parcel will meet the criteria of Section 4.2.6.c, and the disturbance of the two areas of critical slopes
will be exempt from the requirement of a waiver.
Mitigation Plan
In the case that the proposed Boundary Line Adjustment is approved and the second stream crossing
is authorized, mitigation for the stream buffer disturbance (both crossings) will be as required in
Section 17- 320(D)(5). Please also refer to the mitigation options in the Albemarle County Design
Standards Manual updated 18 Aug 2008.
Erosion & Sediment Control Plan
Because of the length of the proposed driveway, it is estimated that over 1 acre of land will be
disturbed during its construction. An Erosion & Sediment Control (E &SC) plan for the construction
of the driveway is required. Along with standard E &SC measures, this plan should demonstrate that
the stream crossings are meeting the requirements of Section 17- 320(D), supporting calculations of
the bridges (or culverts) should be submitted. Planting areas for mitigation for the buffer disturbance
can also be shown on this plan. The E &SC plan shall also demonstrate that the driveway meets the
requirements of the Zoning Ordinance Section 4.6.6 Lot Access Requirements. A building permit can
not be issued for the lot until an E &SC plan has been approved and it is confirmed that the design of
the driveway meets the Lot Access Requirements.
If you have questions please contact me:
Amy Pflaum
Senior Civil Engineer
(434) 296 -5832 ext. 3069
apflaum@albemarle.org
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