HomeMy WebLinkAboutSUB201200038 Legacy Document 2012-11-16•
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. COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
November 15, 2012
Scott Collins, PE
Collins Engineering
200 Garrett Street, Suite K
Charlottesville, VA 22903
RE: SUB201200038 Westlake Hills - Preliminary Plat: Critical slope waiver request
Dear Mr. Collins:
The Albemarle County Board of Supervisors, at its November 7, 2012 meeting, approved the above -noted
request; modification of Section 4.2 to allow disturbance of critical slopes.
This Critical slope waiver request was approved with the following condition:
1. The applicant must provide an overlot grading plan prior to Final Plat approval.
If you should have any questions'or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296 -5832.
Sincerely,
David Benish
Chief of Planning
ATTACHMENTS:
1. Executive Summary
2. Waiver Request
cb: Ellie Ray
Lickinghole Creek, LLC
2421 Ivy Road
Charlottesville, VA 22903 -
1
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SUB2012 -00038 Westlake Hills — Zoning Ordinance
Waiver
SUBJECT /PROPOSAL/REQUEST:
Approval of the following sections of the Zoning
Ordinance:
1. Section 4.2 Critical Slopes
STAFF CONTACT(S):
Mr. Benish, Ms. Ray, and Mr. Koslow
LEGAL REVIEW: No
AGENDA DATE: November 7, 2012
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: No
REVIEWED BY:
BACKGROUND:
Westlake Hills is located South of Route 240 and the CSX railroad, and west of the Western Ridge subdivision in Crozet. The
subdivision proposal is to create 131 lots on three parcels totaling 140.186 acres, at a density of 0.93 dwelling units per acre. The
standard level development in R1 zoning is 1 unit per acre, and up to 1.45 units per acre bonus level. No bonus density is requested.
The proposal is a by -right R -1 layout using cluster development standards, and thus provides approximately 58 acres (41% of the
site) in open space, including areas for expansion of the greenway system. Staff is recommending approval of this waiver request.
DISCUSSION:
The proposed development will require the disturbance of critical slopes. The applicant has submitted a request and justification for
the waiver, and this request has been reviewed for both the Engineering and Planning aspects of the critical slopes regulations.
Sections 4.2.1 and 4.2.3.b of the Zoning Ordinance restrict building sites and earth- disturbing activity on critical slopes, while Section
4.2.5(a) allows the Planning Commission to waive or modify this restriction. 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.
The critical slopes in the area of this request appear to be natural. Staff is recommending approval of this waiver request. This
recommendation for approval is based on staff's assessment which finds that the critical slopes being disturbed have substantially
met the requirements listed in Section 4.2.5(a):
Review of the reauest by Engineering staff:
Description of critical slope area and proposed disturbance:
This is a proposed single unit subdivision and includes several small (less than 200 syd) critical slope areas. The applicant is
proposing to include subdivision roads and utilities to serve 131 development units with proposed slopes up to 3:1.
Areas
Acres
Total site
140.186 acres approximately
Critical slopes
12.21
9% of site
1
Critical slopes disturbed
1.40
11% of critical slopes
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations:
82% of proposed critical slope disturbances are exempt (including all proposed critical slopes disturbances in conflict with area
proposed to be Eastern Park in Crozet Master Plan).
Compliance with Zoning Ordinance 18 -4.2:
"movement of soil and rock"
Proper slope construction, control of drainage, and vegetative stabilization should prevent any movement of soil. Much of that
will depend on activities of individual builders.
WESTLAKE HILLS CRITICAL SLOPE WAIVER
NOVEMBER 7, 2012 BOS
"excessive stormwater runoff"
Stormwater runoff will be increased in this area, as steeper man -made slopes typically result from leveling associated with
building construction.
"siltation
Inspection and bonding by the County will help to ensure siltation control during construction. Proper stabilization and
maintenance can help long term stability. However, the lots proposed existing or proposed critical slopes make future critical
slope disturbances likely if not properly planned.
"loss of aesthetic resource"
The proposed development is consistent with the Crozet Master Plan.
"septic effluent"
This neighborhood is serviced by public sewer.
Based on the review above, engineering recommends conditional approval of this critical slope impacts waiver request. Specific
challenges to the project as proposed include serving lots with driveways with 16% maximum slope which include existing or
proposed critical slopes. An overlot grading plan is recommended for all lots with existing or proposed critical slope disturbances.
Review of the reauest by Planning staff:
The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that:
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;
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.
Based on the review above, there are no concerns that would cause staff to object to the approval of the critical slope disturbance
request.
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 undersection 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 this critical slope waiver request with the following condition:
• The applicant must provide an overlot grading plan prior to Final Plat approval.
WESTLAKE HILLS CRITICAL SLOPE WAIVER
NOVEMBER 7, 2012 BOS
2
Return to consent agenda
Return to regular agenda
WESTLAKE HILLS CRITICAL SLOPE WAIVER
NOVEMBER 7, 2012 BOS
ci <A`w; COLLINS EI +!C C_l 1I'sC::
July 30, 2012
Bill Fritz
County of Albemarle
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, VA 22902
200 GARRETT Sl iE K CHARLOTTESVILLE VA 22902
434.293.3719 PH 434.293.2813 FX
www.collins- engineering.com
RE: WESTLAKE HILLS PRELIMINARY SUBDIVISION PLAT
REQUEST FOR CRITICAL SLOPE IMPACTS WAIVER
Dear Mr. Fritz:
Please allow this letter to serve as a formal request of a critical slope waiver for the
Westlake Hills Preliminary Subdivision Plat. Relief is sought from the critical slope
requirements of Section 18 -4.2 of the Albemarle County Zoning Ordinance, to facilitate
the grading and construction improvements associated with the proposed development.
The following summarizes the critical slope characteristics of the subject parcel &
proposed impacts
Total Project Area: 140.186 acres
Existing Critical Slopes:
Total Project Area Critical Slopes: 12.21 acres
Impacted Critical Slopes
Total impacts to Critical slopes: 1.40 ac.
Percentage of Total Project Area Critical Slopes Impacted: 11%
The total area of critical slopes disturbed by the proposed development is 1.40 acres,
which comprises 11% of the 12.21 total acres of critical slopes that exist on the
property. These disturbances are necessary to construct a road network on the existing
rolling terrain that meets VDOT standards and enables a by -right level of R -1
development.
Development of this site would be unreasonably restricted by the requirements of
Section 18 -4.2 of the Ordinance. Below, the considerations of developing critical slopes
as provided in the Zoning Ordinance Section 18 -4.2 are addressed:
1. "movement of soil and rock ": Critical slopes only cover less than 9% of this site.
Erosion and sediment control measures will be implemented to ensure that no
construction runoff harms adjacent areas.
2. "excessive storm water runoff ": Disturbance of this very minimal portion of
critical slopes should not have any negative impact on the stormwater system
for this site.
3. "siltation of natural and man -made bodies of water ": Most of the natural
drainage area is being preserved. The erosion and sediment control plan for this
project will take measures to ensure that stormwater runoff is captured and
treated before reaching natural and man -made bodies of water. These
measures will be inspected and bonded by the County to ensure their proper
functioning and continued stability.
4. "loss of aesthetic resource ": There is no loss of aesthetic resources. The
proposed development is consistent with the comprehensive plan for this area.
5. "septic effluent ": This site is serviced by public sewer and will not release any
septic effluent to the surrounding environment.
The evidence provided herein demonstrates that the grading within critical slopes on
this project will not have any negative impact to public health, safety, welfare, or other
considerations that might result from the disturbance of the critical slopes.
Thank you for your assistance in this matter; please do not hesitate to contact me for
any additional information pertaining to this waiver request.
Sincerely,
Scott Collins, PE