HomeMy WebLinkAboutSDP200900017 Review Comments Critical Slope Waiver 2009-04-01*-&A
County of Albemarle
Department of Community Development
Memorandum
To: Gerald Gatobu, Current Development planning
From: Phil Custer, Current Development engineering review
Date: 1 April 2009
Subject: Humagen critical slope waiver request (SDP -2009- 00017)
The critical slope waiver request has been reviewed. The engineering analysis of the request follows:
Description of critical slope area and proposed disturbance:
The critical slope disturbance on parcel 79 -4C is necessary for the construction of an additional 7 space
parking lot. The analysis provided in this report is based on the drawing dated 20 March 2009.
The entire critical slope disturbance occurs within 15ft of the ROW of Hunters Way. This area of critical
slopes is manmade.
Areas
Acres
Total site
2.75 acres
Critical slopes
1.04
38% of site
Critical slopes disturbed
0.004
0.42% of critical slopes
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
There are no exemptions for the proposed disturbance.
Compliance with Zoning Ordinance 18- 4.2.5.b:
Below is the section of the Zoning Ordinance that specifies instances where the Director of Current
Development may grant a waiver to allow critical slope disturbance. The engineering commentary
regarding the ordinance text is written in bold italics.
Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the
agent may waive the prohibition of disturbing critical slopes on any parcel not within the Rural
Areas (RA), Monticello Historic District (MHD) or Village Residential (VR) zoning districts in the
following circumstances: (i) the critical slopes were created during the development of the
property pursuant to a site plan approved by the county; or (ii) the critical slopes will be disturbed
to replace an existing structure located on the critical slopes and the extent of the disturbance is
the minimum necessary to replace the existing structure with a new structure whose footprint
does not exceed the footprint of the existing structure. The agent may grant a waiver if he or she
finds that:
(The zoning of this parcel is Light Industrial. The critical slopes were created with the construction of
site plan SDP -1996- 00030.)
Albemarle County Community Development
Engineering Review comments
Page 2 of 2
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;
(The planner will determine whether these slopes are protected on the County's Open Space Plan.)
2. There is no reasonable alternative that would eliminate or reduce the disturbance of critical
slopes;
(Due to the steep slopes existing on site, the current alignment of the 7 space parking lot is the only
reasonable option to provide those spaces.)
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
(The applicant has not submitted an application for an Erosion and Sediment Control Plan.
Engineering review recommends that any administrative waiver for critical slope disturbance be given
with a condition that requires approval of an ESC plan.)
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.
(The Water Protection Ordinance Plan will address all concerns regarding siltation of waterbodies,
stormwater runoff, and the movement of soil and rock. The existing septic field is located at the
opposite end of the property and disturbance will not encroach upon this area.)
To conclude, it appears that the plan meets all of the standard requirements necessary for granting of an
administrative critical slope waiver with the exception of the site plan having approval for Erosion and
Sediment Control. Engineering review recommends approval of this critical slope waiver on the condition
that the applicant obtains approval of an Erosion and Sediment Control Plan.