HomeMy WebLinkAboutZMA201300001 Special ExceptionSPECIAL EXCEPTION TO DISTURB CRITICAL SLOPES
The applicant has submitted a request and justification for a special exception to disturb critical slopes.
(See critical slopes waiver request from applicant- attached) Staff has analyzed this request to address
the provisions of the Ordinance. The request has been reviewed for both the Engineering and Planning
aspects of the critical slopes regulations. Section 4.2.3.2 of the Zoning Ordinance restricts earth -
disturbing activity on critical slopes, while Section 4.2.5 (a) establishes the criteria by which a request to
disturb critical slopes is evaluated. Under Section 31.8 (b), the Board must consider the factors,
standards, criteria, and findings delineated in Section 4.2.5 (a), but it is not required to make specific
finds in support of its decision.
This rezoning request is for a proposed apartment building utilizing the neighborhood model district.
This proposal includes two small critical slope areas that are less than 500 square yards. Staff has
reviewed this waiver request with consideration for the concerns that are set forth in Section 4.2 of the
Zoning Ordinance, entitled "Critical Slopes." These concerns have been addressed directly through the
analysis provided herein, which is presented in two parts, based on the Section of the Ordinance to
which each pertain.
Section 4.2.5(a)
Review of the request by Engineering staff:
The application for a special exception to disturb critical slopes has been reviewed. The engineering
analysis of the request follows:
Description of critical slope area and proposed disturbance:
This is slope that is located in an area where the applicant is proposing to include an access road and
utilities to serve 65 development units with proposed slopes up to 3:1.
The critical slope disturbances are in the form of
Areas
Acres
Total site area
2.80 acres approximately
Area of critical slopes
man -made & natural
Man -made = 0.03
Natural = 0.09
3% of development
9% of development
Total critical slopes area
0.12
9% of development
Total critical slopes disturbed
0.07
53% of critical slopes
Exemptions for driveways, roads and utilities without reasonable alternative locations:
49% of proposed critical slope disturbances are exempt due to being necessary for a conceptual
stormwater management facility's outlet pipe.
Description of critical slope area and proposed disturbance:
Please see the applicant's special exception request for details on these areas and the percentages of
disturbance.
Compliance with Zoning Ordinance 18 -4.2:
,'movement of soil and rock"
Proper wall construction, control of drainage, and vegetative stabilization should prevent any
movement of soil.
ATTACHMENT K
"excessive stormwater runoff'
Stormwater runoff will be increased in this area, building construction will result in additional
impervious surface. It will be essential to provide stormwater management for this property as
conceptually proposed.
"siltation"
Inspection and bonding by the County will ensure siltation control during construction. Proper
stabilization and maintenance can help long term stability.
"loss of aesthetic resource"
The proposed development is consistent with the increased density recommended in the Albemarle
County Comprehensive Plan.
"septic effluent"
This development is serviced by public sewer.
Based on the review above, engineering recommends approval of this critical slope impacts waiver
request.
No portion of this site plan is located inside the 100 -year flood plain area according to FEMA Maps,
dated 04 February 2005.
Based on the above review, the applicant has satisfactorily addressed the technical criteria for the
disturbance of critical slopes.
The Open Space Plan identifies critical slopes associated with a stream in this area that flows to the
Rivanna River. Only a very small area at the very upper portion of this stream valley is located on this
site. These slopes are not being impacted. The small area of impacted critical slopes is not significant.
Review of the request by Planning staff:
This waiver will allow site improvements such as grading on the site. The man made critical slopes will
be eliminated. The disturbance of the natural critical slopes will be limited to that required for
construction of the closed conduit stormwater outfall pipe and end treatment. The area disturbed will
be stabilized with erosion control measures. The applicant has addressed the criteria appropriately.
Summary of review of modification of Section 4.2:
Section 4.2.5 establishes the review process and criteria for granting a waiver of Section 4.2.3. The
preceding comments by staff address the provisions of Section 4.2.5(a). Staff has included the
provisions of Section 4.2.5(x)(3) here, along with staff comment on the various provisions.
Under 31.8, the Board 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 on the special
exception.
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;
This waiver request is not foreseen to be detrimental to the public's health, safety or welfare. Good
engineering measures and techniques will be utilized in designing the project. Any impacts to the
disturbance of critical slopes can be mitigated.
B. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of
section 4.2 to at least an equivalent degree;
As described in Attachment I the engineering alternatives proposed by the applicant will satisfy the
intent and purposes of Section 4.2.
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
Due to the topography of the site, the naturally occurring critical slopes are located in the area of the
natural drainage way and as such stormwater runoff is to be directed to those natural drainage ways in
accord with Riparian Law. In order for the site outfall in accordance with these laws, the critical slopes
will need to be disturbed at this location.
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.
Stabilization of the slope forwards the public purpose
SUMMARY AND RECOMMENDATION:
Staff review has resulted in both favorable and unfavorable findings:
Favorable factors:
1. Approval will permit the stabilization of a slope that has to be disturbed for stormwater purposes.
Unfavorable factors:
1. None
RECOMMENDATION OF SPECIAL EXCEPTION FOR CRITICAL SLOPES DISTURBANCE:
Staff recommends approval of the special exception for critical slopes disturbance.
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ENGINEERS
SURVEYORS
PLANNERS
ASSOCIATES
April 8, 2013
Claudette Grant, Senior Planner
County of Albemarle
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902
Re: The Lofts at Meadowcreek — ZMA 20/300001
Critical Slopes Waiver Request
WWA Project No. 213010.00
Dear Ms. Grant:
Bluestone Land, LLC is submitting this waiver of Chapter 18, Section 4.2 of the
Albemarle County Zoning Ordinance to allow disturbance of existing critical slopes to
facilitate development of the project known as "The Lofts at Meadowcreek" and
consistent with the Application Plan associated with ZMA 201300001. The subject
parcels are identified on the County tax ).naps as parcels 61A -15 and 61A -17
(collectively, the "Property ").
The project consists of construction of multifamily garden style apartments over top
podium style garage parking in a single building. Associated site and infrastructure
improvements consist of Rio Road lane improvements, on -site surface parking with
travelways, support utilities and stonnwater management quantity and quality (BMP)
controls. The Application Plan depicts the existing critical slope locations and those that
are to be disturbed.
The following table summarizes the critical slope characteristics of the site.
Total Area of Site
Total Area of Existing Natural Critical Slopes
Total Area of Existing Man Made Critical Slopes
Total Area of Critical Slopes
Total Area of Disturbed Existing Natural Critical Slopes
Total Area of Disturbed Man Made Critical Slopes
Total Area of Disturbed Critical Slopes
2.80 acres
0.09 acres (0.03 %)
0.03 acres (0.01%)
0.12 acres (0.04 %)
0.03 acres (0.01 %)
0.03 acres (0.01%)
0.06 acres (0.02 %)
The five (5) health, safety and welfare provisions of Section 4.2, Chapter- 18 of the
Albemarle County Zoning Ordinance will be addressed as follows:
3040 Avemore Square Place • Charlottesville, V A 22911
Telephone (434) 984 -2700 • Fax (434) 978 -1444
Charlottesville ■ Lynchburg
Rapid and /or large scale movement of soil and rock. Construction of the site will
require on -site earthwork operations to eliminate the apparent man made critical
slopes. The natural critical slopes are located within the existing natural drainage
way. The disturbance of the natural critical slopes will be limited to that required
for construction of the closed conduit stonnwater outfall pipe and end treatment.
The area disturbed will be stabilized with erosion control measures that will be
designed with the final site plan /engineering documents. The erosion control plan
stabilization measures may include:
• silt fence /super silt fence
• sediment traps /basins
• diversion dikes
• stabilization mats
• inlet /outlet protection
• temporary /permanent seeding
With these type measures in place, there will not be a risk of rapid or large scale
movement of soil and rock.
Excessive stormwater runoff. The increased runoff generated by the new
improvements will ultimately be controlled by a proposed SWMBMP facility. The
facility will attenuate the project site runoff and release at or below the pre -
developed runoff rate, such that excessive stormwater runoff will not occur.
Erosion and sediment transport will be minimized or prevented as discussed in Item
1.
Siltation of natural and man -made bodies of water. The natural drainage way
traverses the eastern corner of the site. The proposed SWMBMP facility that will
be constructed on -site will provide water quality, stabilization and water quantity
measures that will prevent the discharge of silt into the natural drainage way or
adjacent properties.
4. Loss of aesthetic resource. The County's Open Space Plan does not describe any
significant features on this site. Although existing vegetation and trees will be
removed to accommodate the project, the site plan construction documents will
comply with landscaping requirements set forth in the Application Plan as well as
the Zoning Ordinance. This results in providing landscaping opportunities to create
an aesthetically pleasing community attraction.
Greater travel distance of septic effluent. The project will be served by public
water and sewerage facilities, therefore the issues associated with septic /drainfield
systems are not applicable to this request.
3040 Avemore Square Place ■ Charlottesville, V A 22911
Telephone (434) 984 -27 .0 0 ■ Fax (434) 97£ -1444
Charlottesville ■ L•nchburg
Page 2 of 4
Interl7retation of Section 4.2.5(b)
Section 4.2.5(b) allows the Planning Commission to waive restrictions on
disturbing critical slopes upon finding the following (in part):
1. A strict application of these provisions would not forward the purpose of the
Zoning Ordinance or otherwise serve the public health, safety or welfare.
Granting the waiver will not be detrimental to the public's health, safety or welfare
in that the project will ensure that none of the health, safety or welfare concerns will
be compromised. Through utilization of sound engineering measures and
techniques in designing the project, the potential adverse impacts to disturbing
critical slopes can be mitigated.
2. Alternatives proposed by the applicant could satisfy the intent and purpose
of Section 4.2 to at least an equivalent degree.
The engineering alternatives proposed by the applicant and as discussed previously
will satisfy the intent and purposes of Section 4.2 at least to an equivalent degree in
that the adverse impacts generally associated with disturbing critical slopes are not
expected to be incurred. It should be noted that the project may contribute to the
improvement of the Meadow Creek watershed due to the addition of stonnwater
runoff BMP /water quality controls.
3. Due to its unusual size, topography, shape of the property, location of the
property or other unusual conditions excluding the proprietary interest of the
developer, the requirements of Section 4.2 would effectively prohibit or
unreasonably restrict the use of the property or would result in significant
degradation of the site or adjacent property.
The naturally occurring critical slopes are located in the area of the natural drainage
way and as such stonnwater runoff is to be directed to those natural drainage ways
in accord with Riparian Water Law and in compliance with Erosion and Sediment
Control Regulations 4 VAC 50 -30 Minimum Standard 19. In order for the site to
outfall in accordance with these laws /codes, the critical slopes will need to be
disturbed at this location.
4. Granting such modification or waiver would serve a public purpose of
greater import than would be served by strict application of Section 4.2.
Granting the waiver would enable the project to move forward which enables the
applicant to address pre- existing issues. The Rio Road frontage improvements,
although primarily for "safe and convenient access" to the property, also enhances
the impacted portion of Rio Road by improving sight distances via grading,
improving the clear zone /shy zone via relocation of existing above ground utilities
3040 Avemore Square Place • Charlottesville, VA 22911
Telephone (434) 984 -2700 ` Fax (434) 978 -1444
Charlottesville • Lynchburg
Page 3 of 4
adjacent to Rio Road and improving mass transit by accommodating a bus pull -off
area.
Conclusion
As based on the above considerations, granting a waiver to disturb critical slopes is not to
the detriment of the public's health, safety or welfare or the environment. Granting the
waiver will be beneficial in that it will permit the property to be developed in compliance
with the highest and best use as identified by the Comprehensive Plan, provide the
opportunity to mitigate pre - existing safety concerns associated with Rio Road and the
opportunity to facilitate pedestrian circulation and mass transit.
If there are any questions, or if additional information is needed, please feel free to
contact me.
Sincerely,
WW Associates, Inc.
� MOM
David M. Jensen, P.E.
Vice President
3040 Avemore Square Place ' Charlottesville, V A 22911
Telephone (434) 984 -2700 ■ Fax (434) 978 -1444
Charlottesville • LVnchburg
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