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HomeMy WebLinkAboutSDP200900028 Review Comments Critical Slope Waiver 2009-05-05*-&A County of Albemarle Department of Community Development Memorandum To: Gerald Gatobu, Current Development planning From: Phil Custer, Current Development engineering review Date: 5 May 2009 Subject: Wal -Mart Amendment critical slope waiver request (SDP- 2009 - 00028) 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 45 -68135 is necessary for a 35,000sf expansion of the existing store. The construction will extend the building about 95ft towards the south into an area that is shown on the plan as a parking aisle with spaces on both sides, though this area is currently used for storage. At the southwest corner of the expansion, the footprint encroaches on critical slopes. This area is the majority of the critical slopes disturbance on site. The slopes in this area are often at a grade steeper than 50 %. Secondary areas of critical slope disturbance must occur to construct a few parking spaces along the southern travelway to the entrance onto Route 29 and for some site work at the rear of the building. These slopes are graded at approximately 2:1. The analysis provided in this report is based on the drawing dated 13 April 2009. Areas Acres Total site 13.28 acres Critical slopes 1.89 14.2% of site Critical slopes disturbed 0.49 30.0% 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 Albemarle County Community Development Engineering Review comments Page 2 of 2 does not exceed the footprint of the existing structure. The agent may grant a waiver if he or she finds that: (This parcel is located in the Development Area and is zoned Highway Commercial. The critical slopes on site were created with the construction of site plan SDP -1991- 00060.) 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; (Any expansion of this magnitude to the existing building would necessitate 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 (The applicant has submitted an application for an Erosion and Sediment Control Plan and a review of the plan is currently being performed. Engineering review recommends that any administrative waiver for critical slope disturbance be given with a condition requiring 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. This site is served by public sewer. All slopes will be revegetated.) 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 with the condition that the applicant obtain approval of an Erosion and Sediment Control Plan.