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HomeMy WebLinkAboutSDP201200032 Review Comments Waiver, variation or substitution requirement 2012-06-20Phone: 434 - 296 -5832 n� LIRGL1y1A COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Rd. North Wing Charlottesville, VA 22902 Memorandum Fax: 434- 972 -4126 Contact: Brian P. Smith Owner /Applicant: The Miller School of Albemarle From: Joanne Tu Purtsezova Division: Planning Date: June 20, 2012 Subject: SDP201200032 Miller School New Entrance — Waivers Following the Sinclair case of 2011 and recent zoning text amendments, The Board of Supervisors may approve the critical slopes waiver, curb and gutter waiver, and travelway width waiver under Section 31.8 of the Zoning Ordinance. b. Consideration and action. In acting upon a special exception, the board shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter, provided that the board shall not be required to make specific findings in support of its decision. Although the Board of Supervisors may approve waiver requests without the findings previously required for the planning commission to approve waiver requests, the basis for staff to analyze the request is still the same. Critical slopes waiver request 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 welfare, to the orderly development of the area, or to adjacent properties; would not be contrary to sound engineering practices; and at least one of the following: The amount of critical slopes disturbance proposed (1.25 acres) is high. Based on the written justification submitted with the initial submittal, the planner cannot make a finding that the waiver would not be detrimental to public welfare, as expected loss of aesthetic resource is high. 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; In this case, strict application of the requirements of section 4.2 is expected to better serve public welfare than approval of the critical slopes waiver. b. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least an equivalent degree; No alternatives have been proposed by the developer. 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 The Miller School is in fact on a property of usual size. However, prohibiting the disturbance of critical slopes would not prohibit or unreasonably restrict the use of the property or result in significant degradation of the property. It appears that a smaller amount of critical slopes disturbance may be possible if the plan to disturb critical slopes is revised. 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. The planner acknowledges that the proposed new entrance has been reviewed by the Board of Supervisors previously. However, the planner cannot not make a finding that approval of the critical slopes waiver request would serve a public purpose of greater import than a strict application of the regulations. Based on the initial submittal, the planner recommends denial of the critical slopes waiver request. Travelway width waiver request for an 18' travelway Although the Board of Supervisors may approve waiver requests without the findings previously required for the planning commission to approve waiver requests, the basis for staff to analyze the request is still the same. 32.3. 10 MODIFICATION, WAIVER OR SUBSTITUTION Any requirement of section 32.7 may be modified, waived, or substituted, in an individual case, as provided herein: a. The [commission] may modify, waive, or accept substitution for any requirement of section 32.7 in a particular case upon a finding that requiring such improvement would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare; or in the case of substitution, that such alternative would satisfy the purpose of this chapter to at least an equivalent degree as the required improvement. With no written justification provided, the planner cannot make a finding that an 18' travelway safer than a 20' travelway. The planner also cannot make a finding that the proposed 18' travelway width would serve public health, safety or welfare to at least an equivalent degree as the required improvement. b. Whenever, because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of the developer, strict application of the requirements of section 32.7 would result in significant degradation of the site or adjacent properties, the requirement may be modified or waived by the commission; provided that such modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, or to adjacent properties The Zoning Ordinance requires a minimum 20' travelway width. The planner cannot make a finding that the waiver is not detrimental to sound engineering practices. However, as mentioned by the reviewing engineer, if the applicant is able to provide additional data and written justification to prove otherwise, the planner will take this information into account. c. Upon finding in any case that by substituting of technique, design or materials of comparable quality, but differing from those required by section 32.7, a developer would achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in section 32.7, the commission may approve such substitution of technique, design or materials. N/A d. A developer requesting a modification, waiver, or substitution pursuant to this section shall file with the agent a written request which shall state reasons and justifications for such request together with such alternatives as may be proposed by the developer. Such request shall be submitted prior to commission consideration of the preliminary or final plan, but no later than the site review committee revision deadline. No such request shall be considered by the commission until the commission has considered the recommendation of the agent. The agent may recommend approval, approval with conditions or denial. A recommendation of approval or conditional approval shall be accompanied by a statement from the agent as to the public purpose served by such recommendation, particularly in regard to the purpose and intent of this chapter, the subdivision ordinance, and the comprehensive plan. No reasons and justifications accompany the letter of request regarding the travelway width reduction reductions. Based on the limited information provided, the planner cannot make a finding that approval of the waiver request would serve a public purpose. If additional justification is submitted, the planner will evaluate the request in regards to the purpose and intent of the zoning ordinance, the subdivision ordinance, and the comprehensive plan. At this time, such an analysis is not possible. Based on the initial submittal, the planner recommends denial of the travelway width waiver request. Curb and gutter waiver request Although the Board of Supervisors may approve waiver requests without the findings previously required for the planning commission to approve waiver requests, the basis for staff to analyze the request is still the same. 32.3. 10 MODIFICATION, WAIVER OR SUBSTITUTION Any requirement of section 32.7 may be modified, waived, or substituted, in an individual case, as provided herein: a. The [commission] may modify, waive, or accept substitution for any requirement of section 32.7 in a particular case upon a finding that requiring such improvement would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare; or in the case of substitution, that such alternative would satisfy the purpose of this chapter to at least an equivalent degree as the required improvement. With no written justification provided, the planner cannot make a finding that a a curb and gutter waiver would better serve public health, safety or welfare. b. Whenever, because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of the developer, strict application of the requirements of section 32.7 would result in significant degradation of the site or adjacent properties, the requirement may be modified or waived by the commission; provided that such modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, or to adjacent properties The Zoning Ordinance requires curb and gutter along all travelways. Curb and gutter contributes to orderly development. Although the planner acknowledges that other roads at the Miller School do not have curb and gutter, new construction must meet current Zoning Ordinance requirements. c. Upon finding in any case that by substituting of technique, design or materials of comparable quality, but differing from those required by section 32.7, a developer would achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in section 32.7, the commission may approve such substitution of technique, design or materials. N/A d. A developer requesting a modification, waiver, or substitution pursuant to this section shall file with the agent a written request which shall state reasons and justifications for such request together with such alternatives as may be proposed by the developer. Such request shall be submitted prior to commission consideration of the preliminary or final plan, but no later than the site review committee revision deadline. No such request shall be considered by the commission until the commission has considered the recommendation of the agent. The agent may recommend approval, approval with conditions or denial. A recommendation of approval or conditional approval shall be accompanied by a statement from the agent as to the public purpose served by such recommendation, particularly in regard to the purpose and intent of this chapter, the subdivision ordinance, and the comprehensive plan. No reasons and justifications accompany the letter of request regarding the curb and gutter waiver request. Based on the limited information provided, the planner cannot make a finding that approval of the waiver request would serve a public purpose. If additional justification is submitted, the planner will evaluate the request in regards to the purpose and intent of the zoning ordinance, the subdivision ordinance, and the comprehensive plan. At this time, such an analysis is not possible. Based on the initial submittal, the planner recommends denial of the curb and gutter waiver request. Please contact Joanne Tu Purtsezova in the Planning Division at 434 - 296 -5832 ext. 3458 or jpurtsezova@albemarle.org for further information.