Loading...
HomeMy WebLinkAboutSDP201200023 Executive Summary Preliminary Site Plan 2012-07-16COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: July 11, 2012 SDP2012 -00023 Whitewood Road (Day Care Center) — Zoning Ordinance Waiver ACTION: INFORMATION: SUBJECT /PROPOSAL /REQUEST: CONSENT AGENDA: Approval of the following sections of the Zoning ACTION: X INFORMATION: Ordinance: 1. Section 4.2 Critical Slopes ATTACHMENTS: No STAFF CONTACT(S): REVIEWED BY: Mr. Benish, Mr. Perez, and Mr. Custer LEGAL REVIEW: No BACKGROUND: The Whitewood Road Day Care Facility is proposed to be located on TMP 61 -26A, which is at the corner of Whitewood Road and Oak Forest Drive adjacent to the Virginia Law Foundation at 105 Whitewood Rd. The proposal is to construct a two story building (16,768 square foot) to be used as a day care facility on a 1.53 acre site. The proposal also includes associated parking and access drives. The critical slopes being disturbed on the western portion of the property, closest to the Virginia Law Foundation building, have been determined to be man -made; however, the grading and construction of the slopes do not appear on a "valid approved" site plan. County site plan file: SDP2000 -007 — Whitewood Office Park (Phase I & 11) shows the slopes as not existing prior to the construction of Phase I of Whitewood Office Park (which constructed the Virginia Law Foundation building); however, these slopes later appear on SDP2007 -00120 - Global Country for World Peace (which is the same property as Phase 11 of Whitewood Office Park and the subject of this Whitewood Road Day Care Center site plan). During SDP2007 -00120 the slopes were previously avoided, thus a waiver was not required, nor granted. The current site plan, SDP2012 -00023 Whitewood Road (Day Care Center), which proposes to disturb these slopes (and requires a critical slope waiver) would have previously been approved administratively; however, due to a recent State Supreme Court decision, the waiver must now be approved by the Board of Supervisors as a Special Exception under Chapter 18 Section 31.8. Staff is recommending approval of this waiver request. DISCUSSION: Critical Slopes Waiver —This recommendation for approval is based on staff recommendation that the critical slopes being disturbed have substantially met the requirements listed in Section 4.2.5(b): 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 (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: 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; 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 be mitigated through design, construction techniques, revegetation, stormwater management, and other best management practices. 31.8 SPECIAL EXCEPTIONS The board of supervisors reserves unto itself the authority to consider and act upon special exceptions as follows: a. Matters requiring a special exception. Notwithstanding any other section of this chapter: 1. Any request for a waiver, modification, variation or substitution permitted by this chapter shall be considered and acted upon by the board. 2. Any requirement for a decision by the planning commission required by this chapter shall be considered and acted upon by the board. For the purposes of this section, a decision by the planning commission does not include the consideration and action by the commission on a preliminary or final site plan under section 32 of this chapter or any action provided in section 32 enabled under Virginia Code § 15.2- 2242(1). 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. c. Conditions. In approving a special exception, the board may impose reasonable conditions to address any possible impacts of the special exception. d. Time for action. A request for a special exception shall be acted on by the board within ninety (90) days after the date of the request, or concurrently with a zoning map amendment, special use permit, or site plan appeal, whichever is longer. e. Request. Each request for a special exception shall be made as provided under the applicable section of this chapter. RECOMMENDATION: Staff recommends approval of the applicant's request for a critical slopes waiver. This waiver would have been granted administratively prior to the State Supreme Court decision.