HomeMy WebLinkAboutSDP201200049 Legacy Document 2013-10-15COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE: October 09, 2013
SDP201200049 Church of Our Saviour — Zoning
Ordinance Waivers
ACTION: INFORMATION:
SUBJECT /PROPOSAL /REQUEST:
CONSENT AGENDA:
Special Exceptions to waive provisions of the
ACTION: X INFORMATION:
following ordinance sections:
1. Section 4.2 Critical Slopes
ATTACHMENTS: Yes
2. Section 21.7(c) Buffer zone adjacent to
residential and rural areas districts
REVIEWED BY:
STAFF CONTACT(S):
Mr. Benish, Mr. Perez, and Mr. Greene
LEGAL REVIEW: No
BACKGROUND:
The current application is a request by the Church of Our Saviour for site plan approval to demolish an existing vacant
one story building (formerly Associated Steel) and construct a two story 5,802 square foot building in the previous
buildings' general footprint on TMP 06100- 00- 00- 146D0. The facility is to be used as a Youth Center for Church
parishioners. The proposal also includes construction of four stone terraced walls and modification to the Church's
existing overflow gravel parking and the addition of four paved handicapped spaces. The existing drive aisle on the
Eastern portion of the property is to be regraded and repaved. The proposal also includes the construction of new ADA
accessible pedestrian connections to the main church building and existing gravel overflow parking.
The Church of Our Saviour complex contains multiple buildings located on two adjoining properties which are both owned
by the Church:
• TMP 06100- 00- 00 -146DO Zoned C-1—which contains the proposed two story Youth Center
• TMP 06100- 00- 00- 14400_Zoned R -2 and C -1 (0.487 acres) _which contains the existing Church
Staff is currently reviewing a Boundary Line Vacation plat submitted by the Church that proposes to combine the two
parcels into one parcel. The boundary line vacation has no affect on the zoning of the properties thus the property will
remain split zoned (C -1 and R -2). The 20' buffer zone required by Section 21.7c between the Church's R -1 zoned portion
(Residential District) and the Youth Center's C -1 (Commercial district) remains unchanged.
As part of the site plan application the applicant is requesting two special exceptions:
Critical Slope Waiver — to disturb small areas of what appears to be man -made critical slopes next to the
proposed two story building and future location of one stone terrace wall and portion of new ADA accessible
pedestrian connections.
Buffer Disturbance Waiver — to disturb the buffer zone adjacent to residential districts to facilitate construction of
one stone terraced wall, modification to the Church's existing overflow gravel parking, and the addition of four
paved handicapped spaces. The regrading and repaving of existing drive aisle on the Eastern portion of the
property which runs through this buffer. And the construction of new ADA accessible pedestrian connections to
the main church building and existing gravel overflow parking.
Staff is recommending approval of both waiver requests.
STRATEGIC PLAN:
Goal 2: Provide community facilities that meet existing and future needs.
Goal 5: Ensure the health and safety of the community.
Church of Our Saviour Waivers
October 09, 2013 BOS
DISCUSSION:
1. CRITICAL SLOPES WAIVER
The proposed development will require the disturbance of critical slopes. A modification to allow critical slopes
disturbance is necessary before the final site plan can be approved by staff. 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. The critical slopes being disturbed are on the Northern portion of the Youth Center property.
These slopes appear to have been developed in part through the construction of the Associated Steel building; however,
the grading and construction of the slopes does not appear on a "valid approved" site plan. Staff is recommending
approval of this waiver request. This recommendation for approval is based on staff's assessment which finds that the
proposed disturbance substantially meets the requirements listed in Section 4.2.5:
Review of the request by Engineering staff:
Description of critical slope area and proposed disturbance:
This is an existing building site constructed in the mid 1970's. There was no site plan recorded for the original project;
however, the critical slopes appear to have been manmade.
Areas
Acres
Total site
2.68 acres approximately
Critical slopes
0.16
6% of site
Critical slopes disturbed
0.07
44% 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 the slopes will be eliminated and stormwater facilities will be
installed to capture and treat the runoff.
"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 not visible from the roads and houses in the neighborhood. Some of the slopes were created with the
building and railway construction.
"septic effluent"
This neighborhood is serviced by public sewer.
Based on the review above, there are no engineering concerns which prohibit the disturbance of the critical slopes as
shown.
Review of the request by Planning staff:
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(a). Staff has included the provisions of Section 4.2.5(a)(3), along with staff
comment on the various provisions. Under 33.9 Special Exceptions 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.)
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`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 a deteriorating vacant building to be demolished and a new 2 story facility to be erected
in its place along with other site improvements such as stone terrace walls and ADA accessible
pedestrian connection to the existing church. Notably, these slopes appear to be manmade and developed in
part through the construction of the Associated Steel building. Strict application of this section would not forward
the purposes of this chapter.
"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"
Staff cannot make this finding.
"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 redevelopment of a vacant building and proposed site improvements.
Based on Engineering and Planning's review above, there are no concerns that would cause staff to object to the
approval of the critical slope disturbance request. Staff is recommending approval of this critical slope waiver request.
2. BUFFER ZONE WAIVER
The proposed development will require the disturbance of the buffer zone. A modification to allow this buffer zone
disturbance is necessary before the site plan can be approved by staff. The applicant has submitted a request and
justification for the waiver, and this request has been reviewed against the buffer zone regulations. Section 21.7(c) of the
Zoning Ordinance requires that no construction activity including grading or clearing of vegetation shall occur closer than
twenty (20) feet to any residential or rural areas district and that screening shall be provided as required in section 32.7.9.
Section 21.7(c)l allows the commission to waive this prohibition as follows:
The commission may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer in
a particular case where the developer or subdivider demonstrates that grading or clearing is necessary or would result
in an improved site design, provided that: (i) minimum screening requirements are met and (ii) existing landscaping in
excess of minimum requirements is substantially restored.
The waiver must now be approved by the Board of Supervisors as a Special Exception under Chapter 18 Section 33.5
and 33.9.
Description of proposed buffer disturbance:
A portion of the existing overflow parking lot and drive aisle is within this buffer zone. The waiver request seeks to allow
further disturbance of the 20' buffer zone (as depicted in Attachment A) to facilitate:
• The construction of one stone terraced wall
• Modifications to the Church's existing overflow gravel parking
• The construction of four additional paved handicapped spaces
• The regrading and repaving of existing drive aisles
• The construction of new ADA accessible pedestrian connections to the main church building and existing gravel overflow
parking
Staff finds that the proposed disturbance within the buffer will result in an improved site design. The area of buffer
disturbance currently has little to no vegetation present. The Agent finds screening and or landscaping within the buffer
disturbance area to be unwarranted per the requirements of Chapter 18 Section 32.7.9.7(a)l . The area between the two
uses is centrally located to the church site and is not adjacent to a residential use. Based on the review above, there are
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no concerns that would cause staff to object to the approval of the proposed buffer zone disturbance request. Staff is
recommending approval of this buffer zone waiver request.
RECOMMENDATION:
Staff recommends approval of the critical slopes waiver and the buffer zone waiver.
Attachment A - 20' buffer zone
Return to consent agenda
Return to regular agenda
Church of Our Saviour Waivers
October 09, 2013 BOS
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