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Home My WebLink AboutSDP201200056 Approval - County Critical Slopes Waiver 2013-03-04• �..........s= COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 March 4, 2013 Justin Shimp, P.E. c/o Shimp Engineering, P.C. 201 E Main St, Suite M Charlottesville, Va 22902 RE: SDP201200056 Yves Delorme, Inc — Minor Site Plan Amendment — Critical Slopes Waiver Dear Mr. Shimp: On January 16, 2013 the Board of Supervisors approved the above noted petition by a vote of 6:0 as recommended by staff. Please contact me if you have questions regarding this matter. Sincerely, OBenish Chief of Planning Enclosure CC: Yves Delorme Inc 1725 Broadway St Charlottesville Va 22902 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SDP2012 -00056 Yves Delorme, Inc — 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, Mr. Perez, and Mr. Greene LEGAL REVIEW: No AGENDA DATE: January 16, 2013 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: The County is reviewing a minor site plan amendment which proposes to build a 24' travel way across TMP 07700-00-00 - 040M0 to serve vacant TMP 07700- 00- 00- 040C1. In conjunction with the proposal the applicant seeks to disturb slopes greater than 25% on both properties. The subject lots are adjacent to each other, are both zoned Light Industrial (LI), and are currently under ownership by Yves Delorme, Inc. The lots are located on Broadway Street (Rte 1115) near the intersection of Franklin Street, within close proximity (50 feet) to the City of Charlottesville. The critical slopes being disturbed are on the Northern portion of the properties fronting Broadway Street. These slopes appear to have been developed in part through the construction of Broadway Street; however, the grading and construction of the slopes does not appear on a "valid approved" site plan. County site plan file: SDP1989 -086 — Palais Royal shows the slopes as existing prior to the construction of the existing warehouse on TMP 07700- 00- 00- 040M0. The current site plan, SDP2012 -00056 Yves Delorme, Inc, which proposes to disturb these slopes (and requires a critical slope waiver) would have previously been reviewed by the Planning Commission; however, due to a recent -State Supreme Court decision, the waiver must now be reviewed /approved by the Board of Supervisors as a Special Exception under Chapter 18 Section 31.8. Staff is recommending approval of this Special Exception request. STRATEGIC PLAN: Goal 5: Ensure health and safety of the community. DISCUSSION: Review of the request by Engineering staff: Description of critical slope area and proposed disturbance: This existing slope is possibly a man -made slope for the construction of Broadway Street. The applicant is proposing to construct a retaining wall and access road to the rear parcel. Areas Acres Total site 4.145 acres approximately Critical slopes .86 20.75% of site Critical slopes disturbed 0.13 15.1% of critical slopes Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: This disturbance is not exempt. Compliance with Zoning Ordinance 18 -4.2: "movement of soil and rock" Proper slope construction, control of drainage, and vegetative stabilization will prevent any movement of soil. "excessive stormwater runoff' Stormwater runoff will be reduced in this area, as a portion of the slopes will be eliminated. "siltation" Inspection and bonding by the County will ensure siltation control during construction. Proper stabilization and maintenance will ensure long -term stability. "loss of aesthetic resource" This area is visible from the roads and houses in the neighborhood. Some of the slopes were created with the roads. "septic effluent" . This neighborhood is serviced by public sewer. Based on the review above, there are no engineering concerns that prohibit the disturbance of the critical slopes. Review of the request by Planning staff: Summary of review of modification of Section 4.2: Section 4.2.5 establishes the review process for granting a waiver of Section 4.2.3. The preceding comments by staff address the provisions of Section 4.2.5(x). Staff has included the provisions of Section 4.2.5(x)(3), along with staff comment on the various provisions. Under 31.8, the Board of Supervisors may modify or waive any requirement of section 4.2 based on these provisions: (However, no specific finding is required in support of the Board's decision.) "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;" Granting the modification request could better serve the purpose of this chapter or the public health, safety or welfare by allowing an existing Light Industrial (LI) parcel, served by water and sewer to be accessed and more effectively developed. "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 applicant. "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 state road frontage of TMP 07700- 00- 00 -040C1 consists entirely of critical slopes, which limit possible access points to the property from the state road. Because of these unusual topographic conditions the developer is attempting to access the lot through an adjacent parcel. Prohibiting the disturbance of critical slopes would effectively prohibit or unreasonably restrict the use of the property and may cause significant degradation to the property. "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." A finding that granting the waiver would serve a public purpose of greater import than would be served by strict application of the regulations can be made. By allowing the proposed disturbance of critical slopes, the County would allow the use of a vacant Light Industrial (LI) zoned parcel served by Public Water and Sewer to be accessed /developed. 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 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. Return to consent agenda Return to regular agenda