HomeMy WebLinkAboutSDP200600002 Review Comments Minor Amendment 2009-10-14"� �'IRGIIflP
County of Albemarle
Department of Community Development
Memorandum
To: William Moore, Balzer and Associates, Inc.
w r: Morgan Davis, East Congregation of Jehovah's Witnesses
m: Elizabeth Marotta, Senior Planner
Division: Zoning & Current Development
Date: October 14, 2009
Subject: SDP 2006 -02- Charlottesville Kingdom Hall Minor Amendment
Resubmittal dated 9 -11 -09
The Planner for the Current Development Division of the Albemarle County Department
Community Development will recommend approval of the plan referred to above when the
following items have been satisfactorily addressed. (The following comments are those that have
been identified at this time. Additional comments or conditions may be added or eliminated
based on further review.) [Each comment is preceded by the applicable reference to the
Albemarle County Code.]
1. [SP2008 -57] Conditions #1 and #3: Plan must be in conformance with the Concept Plan
and conditions approved with the Special Use Permit. The plan submitted does not
include the sidewalk easement as required by the SP. Please revise to address this
requirement.
2. [32.5.6.b] Parking, amount provided; [32.5.6.c] phasing; [SP2008 -57] Conditions #1:
Plan must be in conformance with Concept Plan approved with SP. As discussed in email
chain dated 10/9/09- 10/13/09 that was forwarded to you 10/13/09, please show 2nd
parking lot as a future phase of this plan, and, revise Project Description on Sheet C1 to
accurately address phasing (building of new building and parking, demo of old building,
future phase of 2nd parking lot at such time 2nd hall is added to the "new" building, etc.)
3. [32.5.6.a] Descriptions of all variances, zoning proffers, and bonus factors:
Conditions of SP2008 -57 must be provided on the plan. Typically, these are added as a
list to the cover sheet or notes /details sheet.
4. [32.5.6.a] Zoning: Add SP200800057 to General Notes #2 Parcel Information.
5. [32.5.6.a] Adjacent parcel information: Provide zoning and present use of adjacent
parcels.
6. [32.5.6.a] Provide minimum setback lines and yard information under General Notes as
well as graphically.
7. [32.5.6.b] Provide maximum number of dwelling units by type. Please provide
information on proposed apartment so that we may affirm the use .of the property is in
conformance with the zoning and SP (per email from Ron Higgins dated 9/13/09).
8. [32.3.10.d] [18- 4.2.2.b.2] Critical slopes waiver is required. Please submit a waiver
request in accordance with Chapter 18, Section 4.2.5. (I have attached copies of the code
so that when you write your request you can be sure to address all applicable sections.
Please keep in mind the burden is on the applicant to prove the request is in conformance
with the code.)
9. [32.6.6.j] The lighting plan must conform to Chapter 18 Section 4.17. Therefore, please
provide cut - sheets for all fixtures proposed.
10. COMMENT: ACSA approval is required prior to approval of this amendment.
However, before ACSA can issue their approval, Rivanna Sewer and Water Authority
(RWSA) must approve the plans. Please coordinate directly with both ACSA and RWSA
to obtain ACSA approval. RWSA contact is Justin Weiler, (434)977 -2970 x206. His
email is ' weiler ,rivanna.org.
11. COMMENT: ARB approval is required. See Comments dated October 6, 2009,
available online on County View.
ALBEMARLE COUNTY CODE
residential usage, at a minimum, each septic disposal field shall consist of suitable soils of
adequate area to accommodate sewage disposal from a three (3) bedroom dwelling as
determined by current regulations of the Virginia Department of Health. (Amended 11- 15 -89)
4.1.7 In a cluster development, open space may be used for septic field location only after the septic
field locations on such lot are determined to be inadequate by the local office of the Virginia .
Department of Health.. (Added 6 -3 -81)
4.2 CRITICAL SLOPES
These provisions are created to implement the comprehensive plan by protecting and conserving
steep hillsides together with public drinking water supplies and flood plain areas and in
recognition of increased potential for soil erosion, sedimentation, water pollution and septic
disposal problems associated with the development of those areas described in the comprehensive
plan as critical slopes. It is hereby recognized that such development of critical slopes may result
in: rapid and /or large -scale movement of soil and rock; excessive stormwater run -off; siltation of
natural and man -made bodies of water; loss of aesthetic resource; and in the event of septic system
failure, a greater travel distance of septic effluent, all of which constitute potential dangers to the
public health, safety and /or welfare. These provisions are intended to direct building and septic
system locations to terrain more suitable to development and to discourage development on
critical slopes, and to supplement other regulations regarding protection of public water supplies
and encroachment of development into flood plains. (Amended 11- 15 -89)
Where modification of regulations is sought pursuant to section 4.2.5, such request shall address
each concern specified in section 4.2. (Added 11- 15 -89)
4.2.1 BUILDING SITE REQUIRED
No lot or parcel shall have less than one (1) building site. For purposes of this section, the term
"building site" shall mean a contiguous area of land in slopes of less than twenty -five (25) percent
as determined by reference to either topographic quadrangle maps of the Geological Survey - U. S.
Department of Interior (contour interval twenty [20] feet) or a source determined by the county
engineer to be of superior accuracy, exclusive of:
-Such area as may be located in the flood hazard overlay district or which is located under water;
-Such area as may be located within two hundred (200) horizontal feet of the one hundred year
flood plain of any public drinking water impoundment or within one hundred (100) horizontal feet
of the edge of any tributary stream to such impoundment; (Amended 11- 11 -87)
-Such area as may be designated as resource protection areas on the resource protection areas map
adopted pursuant to chapter 17 of the Code of Albemarle; provided that nothing contained herein
shall be deemed to prevent or impair the water resources manager from exercise of discretion as
set forth in that ordinance. (Added 9 -9 -92)
4.2.2 BUILDING SITE AREA AND DIMENSIONS
Each building site shall be subject to the following minimum area and dimension requirements:
(Amended 10- 17 -01)
a. Uses not served by a public or central sewerage system. Building sites for uses not served by
a public or central sewerage system shall be subject to the following: (Amended 11- 15 -89;
10- 17 -01)
1. Dwelling units. Each building site for a dwelling unit shall have an area of thirty
thousand (30,000) square feet or greater and shall be of such dimensions that no one
dimension exceeds any other by a ratio of more than five (5) to one (1) as described by a
rectangle inscribed within the building site. The building site shall have adequate area
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for locating two (2) septic drain fields approved by the Virginia Department of Health
pursuant to section 4.1 of this chapter, (Amended 11- 15 -89; 10- 17 -01)
2. Development subject to section 32 of this chapter. Each building site in a development
subject to section 32 of this chapter shall have an area of thirty thousand (30,000) square
feet or greater and shall be of such dimensions that no one dimension exceeds any other.
by.a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the
building site. The building site shall have adequate area for all buildings and structures,
two (2) septic drain fields approved by the Virginia Department of Health pursuant to
section 4.1 of this chapter, parking and loading areas, storage yards and other
improvements, and all earth disturbing activity related to the improvements. (Added 11-
15-89; Amended 10- 17 -01)
Modification or waiver. Notwithstanding section 4.2.5 of this chapter, the director of
planning and community development may modify or waive the rectangular shape
required by subsections (1) and (2) if, after receiving the recommendation from the
Virginia Department of Health, the director of planning and community development
finds, based on information provided by the developer, that: (i) the parcel has an unusual
size, topography, shape, location or other unusual physical condition; (ii) no reasonable
alternative building site exists; and (iii) modifying or waiving the rectangular shape
would result in less degradation of the parcel or adjacent parcels than if those dimensions
were adhered to. (Added 10- 17 -01)
4. Appeal, A developer may appeal the denial of a modification or waiver to the planning
commission and, thereafter, to the board of supervisors, pursuant to section 4.2.5. (Added
10- 17 -01)
b. Uses served by a central sewerage system. Building sites for uses served by a central
sewerage system shall be demonstrated by the applicant to have adequate area, as follows:
(Amended 10- 17 -01)
1. Residential development. Each building site in a residential development shall have
adequate area for all dwelling unit(s) together with an area equivalent to the sum of the
applicable required yard areas for the applicable zoning district and, if parking is
provided in bays, the parking area. (Added 11- 15 -89; Amended 10- 17 -01)
- C2). Development subject to section 32 of this chapter. Each building site in a development
subject to section 32 of this chapter shall have adequate area for all structures, parking
and loading areas, storage yards and other improvements, and all earth disturbing activity
related to the improvements. (Added 11- 15 -89; Amended 10- 17 -01)
(§ 4.2.2, 12- 10 -80; § 4.2.2, 4.2.2.1, 11- 15 -89; Ord. 01- 18(7), 10- 17 70.1)
4.2.3 LOCATION OF STRUCTURES AND IMPROVEMENTS (Amended 11- 15 -89)
Except as otherwise permitted pursuant to section 4.2.2, the provisions of this section shall apply
to the location of any structure for which a permit is required under the Uniform Statewide
Building Code and to any improvement shown, on a site development_p.lan_]zursuant to section 32.0_
of this chapter. (Amended 11- 15 -89; 10- 17 -01)
(§ 4.2.3, 12- 10 -80, 11- 15 -89; Ord. 01- 18(7), 10- 17 -01)
4.2.3.1 No structure or improvement shall be located on any lot or parcel in any area other than a building
site. (Amended 11- 15 -89)
4.2.3.2 No' structure or improvementnor earth disturbing activi to establish such structure or
,,'improvement shall be located on�opes of twenty-five (25)_.percent or greater except as otherwise
.... _........
permitted -under- section 4.3.01. (Amended 11- 15 -89)
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4.2.4 LOCATION OF SEPTIC SYSTEMS (Amended 11- 11 -87)
In the review for and issuance of a permit for the installation of a septic system, the Virginia
Department of Health shall be mindful of the intent of this section, and particularly mindful of the
intent to discourage location of septic tanks and /or drain fields on slopes of twenty (20) percent or
greater. Septic system location shall be restricted to the approved building site.
(Amended 11 -1 -87; 9 -9 -92)
4.2.5 MODIFICATION OR WAIVER
Any requirement of section 4.2.1, 4.2.2, 4.2.3 or 4.2.4 may be modified or waived as provided
herein:
a. Modification or waiver by the commission. The commission may modify or waive any
requirement that is not subject to an administrative waiver as provided in subsection (b), as
follows:
1. Request. A developer or subdivider requ ti odification or waiver shall file a
written request in accordance with section 2.3.10(d) of this chapter and identify and
state how the request would satisfy one or more of the findings set forth in subsection
4.2.5(a)(3). If the request pertains to a modification or waiver of the prohibition of
disturbing slopes of twenty -five (25) percent or greater (hereinafter, "critical slopes "), the
request also shall state the reason for the modification or waiver, explaining how the
modification or waiver, if granted, would address the rapid and /or large -scale movement
of soil and rock, excessive stonnwater run -off, siltation of natural and man -made bodies
of water, loss of aesthetic resources, and, in the event of septic system failure, a greater
travel distance of septic effluent (collectively referred to as the "public health, safety, and
welfare factors ") that might otherwise result from the disturbance of critical slopes.
2. Consideration of recommendation; determination by county engineer. In reviewing a
request for a modification or waiver, the commission shall consider the recommendation
of the agent as to whether any of the findings set forth in subsection 4.2.5(a)(3) can be
made by the commission. If the request pertains to a modification or waiver of the
prohibition of disturbing critical slopes, the commission shall consider the determination
by the county engineer as to whether the developer or subdivider will address each of the
public health, safety and welfare factors so that the disturbancee of the critical slopes will
not pose a threat to the public drinking water supplies and flood plain areas, and that soil
erosion, sedimentation, water pollution and septic disposal issues will be mitigated to the
satisfaction of the county engineer. The county engineer shall evaluate the potential for
soil erosion, sedimentation and water pollution that might result from the disturbance of
slopes of twenty -five (25) percent or greater in accordance with the current provisions of
the Virginia Department of Transportation Drainage Manual, the Commonwealth of
Virginia Erosion and Sediment Control Handbook and Virginia State Water Control
Board best management practices, and where applicable, Chapter 17, Water Protection,
of the Code.
3. Findings. The commission may grant a modification or waiver if it finds that the
modification or waiver would not be detrimental to the public health, safety or tivelfare, to
the orderly development of the area, or to adjacent properties; would not be contrary to
sound engineering practices; and t least one of the following:
a. 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;
b. Alternatives proposed by the developer or subdivider would satisfy the intent and
purposes of section 4.2 to at least an equivalent degree;
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c. Due to the property's unusual size, topography, shape, location or other unusual
conditions, excluding the proprietary interest of the developer or subdivider,
prohibiting the disturbance of critical slopes would effectively prohibit or
unreasonably restrict the use of the property or would result in significant
degradation of the property or adjacent properties; or
d. Granting the modification or waiver would serve a public purpose of greater import
than would be served by strict application of the regulations sought to be modified or
waived.
4. Conditions. In granting a modification or waiver, the commission may impose conditions
deemed necessary to protect the public health, safety or welfare and to insure that the
development will be consistent with the intent and purposes of section 4.2.
5. Appeal. The board of supervisors shall consider a modification or waiver as follows:
a. The denial by the commission of a modification or waiver, or the approval of a
modification or waiver by the commission with conditions objectionable to the
developer or subdivider, may be appealed to the board of supervisors as an appeal of
a denial of the plat, as provided in section 14 -226 of the Code, or the site plan, as
provided in section 32.4.2.7 or 32.4.3.9, to which the modification or waiver
pertains. A modification or waiver considered by the commission in conjunction
with an application for a special use permit shall be subject to review by the board of
supervisors.
b. In considering a modification or waiver, the board may grant or deny the
modification or waiver based upon the findings set forth in subsection 4.2.5(a)(3),
amend any condition imposed by the commission, and impose any conditions it
deems necessary for the reasons set forth in subsection 4.2.5(a)(4).
b. 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 (MILD) or. Village Residential (VR) zoning;
districts in the fo owing circumstances: (i) the .critical slopes; were_ cre ed':durmg „th'e
developmentU ofthe;property,pursuantAo,asite „plan °a roved b :�,the.coun <' or ii) the critical
slopes will be disturbed to replace an existing structure located on the critic 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:
1. The property is not identified in the open space plan as one having any protected
resources and afield 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
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be mitigated through . design, construction techniques, revegetation, stormwater
management and other best management practices.
(12- 10 -80, § 4.2.5; ; 11- 15 -89; Ord. 01- 18(4), 5 -9 -01; Ord. 09- 18(1), 1- 14 -09)
4.2.6 EXEMPTIONS
A lot, structure, or improvement may be exempt from the requirements of section 4.2 as provided
herein: (Added 10- 17 -01)
a. Any structure which was lawfully in existence prior to the effective date of this chapter and
which is nonconforming solely on the basis of the requirements of section 4.2, may be
expanded, enlarged, extended, modified and /or reconstructed as though such structure were a
conforming structure, For the purposes of this section, the term "lawfully in existence" shall
also apply to any structure for which a site development plan was approved or a building
permit was issued prior to the effective date of this chapter, provided such plan or permit has
not expired. (Amended 10- 17 -01)
b. Any lot or parcel of record which was lawfully a lot of record on the effective date of this
chapter shall be exempt from the requirements of section 4.2 for the establishment of the first
single - family detached dwelling unit on such lot or parcel; provided that section 4.2.3.2 shall
apply to such lot or parcel if it contains adequate land area in slopes of less than twenty -five
(25) percent for the location of such structure. For the purposes of this section a
manufactured home shall be deemed a single - family detached dwelling unit. (Amended 10-
17-01)
c. Accesswa�blic utility lines and appurtenances, stormwater management facilities, and
any other public facilities necessary to allow the use of the parcel shall not be required to be
located within a buil mg site and shall not be subject to the requirements of this section 4.2.2,
provided that the applicant demonstrates that no reasonable alternative location or alignment
exists. The county engineer shall require that protective and restorative measures be installed
and maintained as deemed necessary to insure that the development will be consistent with
the intent of section 4.2 of this chapter. (Added 10- 17 -01)
(§ 4.2.6, 12- 10 -80; Ord. 01- 18(7), 10- 17 -01)
4.3 TREE CUTTING
a. In districts other than the RA, cutting of trees shall be limited to dead trees and trees of less
than six (6) inches in diameter measured at six (6) inches above ground; except that trees may
be cleared as an incident to the preparation of land for the establishment of some other use
permitted in the district, provided that:
1. Such use is exempt from the provisions of section 32.0 hereof, or
2. A site development plan for such permitted use shall have been approved in accordance
with the provisions of section 32.0 of this ordinance;
b. The following regulation shall apply in all zoning districts:
1. Unless otherwise specifically approved to accommodate development pursuant to section
32.0 hereof, no tree within fifteen (15) feet of any perennial stream or water supply
impoundment may be cut, except for dead trees or trees of less than six (6) inches in
diameter measured at six (6) inches above ground; or in order to provide access for
livestock or for another permitted use;
c. The foregoing notwithstanding, the zoning administrator may authorize cutting of trees
which:
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