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HomeMy WebLinkAboutZTA201200012 Executive Summary 1.28.14COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012 — 12, ZMA 2014 -01 and STA 2014 -01 Steep Slopes SUBJECT /PROPOSAL /REQUEST: Proposal to create a Steep Slopes Overlay District within the Development Areas of the County and to amend the subdivision ordinance to incorporate Steep Slopes. The Overlay District will have two designated slopes; Preserved and Managed. Preserved slopes have limited permitted uses. Managed slopes may be used for a wide range of permitted uses but design standards must be met. STAFF CONTACT(S): Bill Fritz, Greg Kamptner PRESENTER (S): Bill Fritz LEGAL REVIEW: No AGENDA DATE: January 28, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: This amendment has had significant public involvement and has been delayed for a number of years due limited County resources. Direct public involvement has included two roundtables, a work session with all of the Board appointed advisory committees and the mailing of approximately 5,000 notices to potentially affected property owners. The direct mailings resulted in direct one on one contact with over 500 individuals. There has also been a work session with the Board of Supervisors (11/17/12) and the Planning Commission (8/13/13). As a result of the comments made by the public, the Planning Commission and Board of Supervisors an ordinance has been developed. STRATEGIC PLAN: Protect the County's parks and its natural, scenic and historic resources in accordance with the County's established growth management policies DISCUSSION: Staff considered the comments made during meetings with the public, Planning Commission and Board of Supervisors, reviewed the Comprehensive Plan and conducted research to determine best planning practices in other localities. Staff also utilized the experience gained by processing a large number of waivers to determine what is most important to the community. Based on the cumulative result of this research staff undertook to map all critical slopes (slopes of 25% or greater) in the Development Areas and categorize those slopes. It is important to point out that staff has only reviewed critical slopes in the Development Areas. Currently development on all slopes of 25% or greater is regulated by the ordinance and all slopes of 25% or greater will still receive some form of regulation. The staff proposal is to recognize that not all slopes of 25% or greater are equal in character. Some areas should be "Preserved ". In "Preserved" areas development would not be permitted with the exception of uses to allow reasonable use of the property and insure that a taking has not occurred. Other areas would be designated as "Managed ". In "Managed" areas development would be permitted by right, provided that development standards are met. The designation of the two types of critical slope areas would be included in a new slopes overlay district in the Zoning Ordinance. The attached maps show those areas designated as Preserved and Managed. The topography used to develop the maps is from the County's topographic database, available on the County's Geographic Information GIS system. The topography is not field run. Staff has used the GIS level of accuracy to develop the ordinance because it matches the current ordinance regulations. In both the Zoning and Subdivision Ordinances an applicant may use the County topography in the GIS system for the submittal and review of plans. This data is then used to determine if critical slopes are present on the property. In some cases field run topography may show differing areas of critical slopes. Staff experience has been that while differences in field run and County GIS data do occur these differences have been relatively small. Staff used the following criteria in preparing the maps: The following factors tended to support designation of a slope as Preserved: The slopes are part of a system of slopes associated with a water feature. The slopes are part of a hillside system. The slopes are identified as a resource in the Open Space Plan. The slopes are identified as a resource in the Comprehensive Plan. The slopes may be of significant value to the Entrance Corridor District. The slopes are a contiguous area of 10,000 square feet or more or a close grouping of slopes less than 10,000 square feet. - The slopes are shown to be preserved by a prior County action. The following factors tended to support designation of a slope as Managed: The contiguous area of critical slopes is limited or fragmented. The slopes are not associated with a water feature. The slopes are not natural. The slopes have been significantly disturbed prior to June 1, 2012. The slopes are located within previously approved single family residential lots. The slopes are shown to be disturbed by a prior County action. The slopes shown on the attached maps do not expand or decrease the area of critical slopes regulated. All areas shown as either orange or green on the attached maps are existing critical slopes based on the County GIS. The green areas are proposed "Protected" slopes and the orange areas are proposed "Managed" slopes. No proposal is being made to expand or decrease the acreage of critical slopes regulated. After mapping the critical slope resources of the development areas, staff considered what the typical impacts are to critical slopes. Slopes are cut and filled to achieve a level surface for roads, parking and buildings. Below are diagrams providing a basic example of what occurs during the development of critical slopes: ExAmPLE of a CUT and FILL SLOPE pa"Ital grade UFlurrtia X+bMh'nv of Cu of fll FIN - Cul Road surf&A or bLL4firg k)r Aion Wvv LEVEL BUILDING SITES are CREATED On STEEP SLOPES CUT 7.k} t 1 zi a 9LPIUHG PAQ - -- 11 oR[�+f4 FLL1ir' SMYL As can be seen from the above diagrams the creation of a flat area can result in the creation of slopes steeper than previously existed. Based on staff research and the comments made at the meetings with the public, staff opinion is that the resulting character of development on critical slopes is important to the community and consistent with best planning practices. FILL SLOPES BLENDED WITH NATURAL STEEP HILLSIDE R44nG aqp *y Qr r■ by 44 ryu R8k n4 1n6 Mi!0 sON� eA ! u 6w eydFp wSh naVFeI1r144e r%Yab arCU3E h+;era4er—'O+ wthin ruWrel corburi W 0 (Not'' l h010*6- _ rx f + F7 iria. DIAGRAM II -2: LANDFORM GRADED SLOPES ti s, 5 , , y *, *� � �o+Y+a ■rorlFa� , � , � i �4gal M1S �1�411Yhew �{ # / F f j rmual. eewmo 1%04no" IQP and b91krrn ur.6p. - q IF � � �•� - � r y Lan�IMnF - T - r LBROO P offle" ran EXAMPLES of PREFERRED /NoT PREFERRED GRADING TECHNIQUES Rounded transslinn Vaned slaps Proferned - Rour wed iramItim - 1+br*d Oope Preferred F Off# naturi-IE Prof *rred -AMPI tran5tlon - UMbnn Slope Nat Prefer d - Abrupt kranorl - 4fnifvrm slope �Ivt Pftferr*d (31d4le Idiye 1;31 i Nat Pro #�*rrad EXAMPLES OF RETAINING WALL DESIGNS TO AVOID AND PROMOTE Award Promote To achieve the desired grading character the use of development standards should be implemented. By using development standards the disturbance of "Managed" critical slopes can be processed administratively. Developers will know what standards to use and can incorporate those standards into their designing and planning processes at the beginning of the project layout. Neither the developer nor the citizens of the County will have to wonder if the development of a certain area will be permitted or what it will look like. Some areas will not be permitted to be developed while others may be developed with known standards. Staff researched the practices of other localities in an effort to develop standards appropriate for Albemarle County. The attached draft zoning ordinance language is intended to incorporate the best standards of other communities and the desires expressed by the public during public meetings. It is recognized that certain activities should be permitted in "Protected" areas. These activities potentially include: - Road Construction. - Sanitary Water and Sanitary Sewer facilities. - Stormwater facilities. - Public Utilities. - Public and Private recreation, such as trails. - Accessory uses on previously developed residential lots such as, gardens, sheds, driveways, decks and patios. - Expansion of an existing structure. - The establishment of the first dwelling on previously approved residential lots. - Development if topographic information of superior quality to County topography is submitted verifying that the slope is less than 25 %. These are examples of the general types of activities that may be permitted in "Protected" areas. Some of these uses are included in the proposed ordinance as "by- right" with standards for determining when the use will be permitted and some are included as uses by special use permit. BUDGET IMPACT: The establishment of development standards will allow for a more efficient review of projects ultimately reducing staff and Board workload required to review waiver requests. This should have an estimated positive budget impact of between $25,000 and $50,000 a year. RECOMMENDATIONS: Staff recommends that the Planning Commission support this zoning text amendment, zoning map amendment and subdivision text amendment and recommend approval to the Board of Supervisors. ATTACHMENTS: Attachment A — Proposed Zoning Ordinance Attachment B — Crozet Slopes Maps Attachment C — Neighborhoods 1 and 2 Slopes Maps Attachment D — Pantops (Neighborhood 3) Slopes Maps Attachment E — Neighborhoods 4 -7 Slopes Maps Attachment F — Hollymead Slopes Maps Attachment G — Piney Mountain Slopes Maps Attachment H — Rivanna Slopes Maps Attachment I — Proposed Subdivision Ordinance COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ZTA 2012 -0012 Critical Slopes February 6, 2013 SUBJECT /PROPOSAL /REQUEST: ACTION: INFORMATION: Information on the cost of revising the critical slopes CONSENT AGENDA: regulations. ACTION: X INFORMATION: STAFF CONTACT(S): ATTACHMENTS: No Messrs. Foley, Davis, Kamptner, Graham, and Fritz REVIEWED BY: PRESENTER (S): N/A ' LEGAL REVIEW: Yes BACKGROUND: On November 7, 2012, staff presented a proposal to amend the critical slopes regulations to the Board. As part of developing new regulations, staff proposed a robust public process. The Board expressed concern that the cost to the County in developing and administering the new regulations may be excessive when compared to the benefit of reviewing critical slopes disturbances on a case by case basis under the existing regulations. This report provides a cost - benefit analysis of the proposed regulations. STRATEGIC PLAN: Goal 4: Protect the County's parks and its natural, scenic and historic resources in accordance with the County's established growth management policies. DISCUSSION: The Board requested that staff demonstrate how a revision to the critical slopes regulations would: - Save the County money - Save applicants money - Save the Board review time - Save time in the review process In order to determine the benefits to the County in terms of cost, staff first calculated the expected cost of amending the critical slopes regulations. At the November 7 meeting, staff recommended the following steps to amend the critical slopes regulations: - Meet with the Board - appointed Citizen Advisory Councils for the various neighborhoods for input. These meetings are expected to occur in March, 2013. - Hold Open Houses after providing mailed notice to the affected property owners in the Development Areas. It is expected that multiple Open Houses will be required. The Open Houses are expected to be held during the second quarter of 2013. - Hold a work session with the Planning Commission to review the public input received at the Open Houses and to determine if the proposed zoning text amendment (ZTA) is ready to be scheduled for public hearings. This work session is expected to occur in the early part of the third quarter of 2013. Staff estimates that the cost would be $25,000 to $35,000 based on the timeline and resources required for these steps. This cost includes staff's costs to map the critical slopes within the Development Areas. Of course, the amount of staff time required to process the zoning map amendment and zoning text amendment will depend on the amount of landowner opposition or disagreement with the maps. Some members of the Board expressed concern regarding the perceived complexity of the proposed regulations. After the Open Houses are completed, staff will develop an outline of the proposed regulations and, if the Board requests, will present the outline to the Board for consideration before the Planning Commission work session. How will amending the critical slopes regulations save the County money? Based on the fee study the County undertook in 2004, which determined the County's cost to review zoning and subdivision applications, and adjusting for inflation, staff estimates that the County's cost to review a critical slopes AGENDA TITLE: ZTA 2012 -0012 Critical Slopes February 6, 2013 Page 2 waiver request under the current regulations is $1,900 per request. Because the current fee for a critical slopes waiver request is $425, the County absorbs the $1475 shortfall with each application. In 2011 and 2012, only 16 critical slopes waiver requests were submitted each year. In these years, when the numbers of requests were at historic lows, the County's shortfall each year was $23,600. The table below provides some perspective on the number of estimated critical slopes waiver requests over the past eight years. The proposed critical slopes regulations outlined by staff at the November 7 work session will create two categories of critical slopes — Preserved and Managed. Preserved slopes would not be allowed to be disturbed except in certain specific circumstances. These exemptions will be identified when the draft regulations are developed. The current regulations have provisions for exempt activities on critical slopes. Reviews to determine if activities are exempt currently occur and involve very limited staff resources. Managed slopes would be allowed to be disturbed only if performance standards are satisfied. The review of the disturbance of Managed slopes will be the same as what currently occurs for all grading activities. The standards for disturbing Managed slopes will incorporate specific design criteria similar to the Erosion and Sediment Control regulations in the Water Protection Ordinance, which the County already has experience in reviewing and enforcing. Staff does not anticipate any significant increase in workload or review time to insure that the performance standards are satisfied. As the proposed regulations are developed, staff will further analyze this issue. If any costs are associated with the review of Managed slopes which are greater than the cost for review of any other grading activity, staff will inform the Board and recommend an appropriate fee. However, at this point, staff is confident that any costs would be less than the existing $425 fee for reviewing requests to disturb critical slopes. Exemptions for disturbing Managed slopes would be developed. Staff is exploring appropriate legislative and administrative solutions in those cases where critical slopes boundaries or designations as Preserved or Managed are disputed or when the regulations impose a hardship on the owner of an individual parcel. Staff anticipates that these remedies would rarely, if ever, be required. The proposed review process means that the unrecovered cost for the review of a critical slopes disturbance would be reduced to zero. Therefore, the expected return on investment is approximately one year based on the recent annual historically low numbers of requests, and approximately six months based on historic averages. How will amending the critical slopes regulations save the applicants money? Under the proposed regulations, applicants will not have to pay a fee for the review of a critical slopes disturbance. This is a direct savings to the applicant. No application for the disturbance of Managed slopes will be required. Under the current regulations, applicants incur not only a $425 fee, but also a cost due to the resources that must be devoted to preparing the request and justification for the disturbance of critical slopes. The applicant will not be required to review or respond to a staff report for a critical slopes waiver and will not have to attend a Board meeting. These are all direct cost savings to the applicant. Indirect cost savings to the applicant include certainty in the development process. Applicants will know which portions of their property may be developed and what measures will need to be undertaken to develop the site. County staff has been told by developers that removing uncertainty is a cost savings to them. How will amending the critical slopes regulations save the Board review time? Applications for special exceptions to allow critical slopes waivers will no longer be presented to the Board. This eliminates the time and cost associated with placing items on the Board's agenda, even on the consent agenda. This also reduces the burden on the County Attorney's Office, the County Executive's Office and the Clerk of the Board. All of these entities are involved in preparing and scheduling consent agenda items. How will amending the critical slopes regulations save time in the review process? By eliminating the need for critical slopes waivers, review times will be reduced. The applicant will not have to spend time preparing a request and justification. Staff will not have to process waiver requests. Review time for the County 2005 2006 2007 2008 2009 2010 2011 2012 SDP /SUB Applications 536 549 568 516 279 258 233 229 # of waivers based on 2012 experience (7% of applications) 38 38 40 36 20 18 16 16 Estimated unrecovered cost $56,050 $56,050 $59,000 $53,100 $29,500 $26,550 $23,600 $23,600 The proposed critical slopes regulations outlined by staff at the November 7 work session will create two categories of critical slopes — Preserved and Managed. Preserved slopes would not be allowed to be disturbed except in certain specific circumstances. These exemptions will be identified when the draft regulations are developed. The current regulations have provisions for exempt activities on critical slopes. Reviews to determine if activities are exempt currently occur and involve very limited staff resources. Managed slopes would be allowed to be disturbed only if performance standards are satisfied. The review of the disturbance of Managed slopes will be the same as what currently occurs for all grading activities. The standards for disturbing Managed slopes will incorporate specific design criteria similar to the Erosion and Sediment Control regulations in the Water Protection Ordinance, which the County already has experience in reviewing and enforcing. Staff does not anticipate any significant increase in workload or review time to insure that the performance standards are satisfied. As the proposed regulations are developed, staff will further analyze this issue. If any costs are associated with the review of Managed slopes which are greater than the cost for review of any other grading activity, staff will inform the Board and recommend an appropriate fee. However, at this point, staff is confident that any costs would be less than the existing $425 fee for reviewing requests to disturb critical slopes. Exemptions for disturbing Managed slopes would be developed. Staff is exploring appropriate legislative and administrative solutions in those cases where critical slopes boundaries or designations as Preserved or Managed are disputed or when the regulations impose a hardship on the owner of an individual parcel. Staff anticipates that these remedies would rarely, if ever, be required. The proposed review process means that the unrecovered cost for the review of a critical slopes disturbance would be reduced to zero. Therefore, the expected return on investment is approximately one year based on the recent annual historically low numbers of requests, and approximately six months based on historic averages. How will amending the critical slopes regulations save the applicants money? Under the proposed regulations, applicants will not have to pay a fee for the review of a critical slopes disturbance. This is a direct savings to the applicant. No application for the disturbance of Managed slopes will be required. Under the current regulations, applicants incur not only a $425 fee, but also a cost due to the resources that must be devoted to preparing the request and justification for the disturbance of critical slopes. The applicant will not be required to review or respond to a staff report for a critical slopes waiver and will not have to attend a Board meeting. These are all direct cost savings to the applicant. Indirect cost savings to the applicant include certainty in the development process. Applicants will know which portions of their property may be developed and what measures will need to be undertaken to develop the site. County staff has been told by developers that removing uncertainty is a cost savings to them. How will amending the critical slopes regulations save the Board review time? Applications for special exceptions to allow critical slopes waivers will no longer be presented to the Board. This eliminates the time and cost associated with placing items on the Board's agenda, even on the consent agenda. This also reduces the burden on the County Attorney's Office, the County Executive's Office and the Clerk of the Board. All of these entities are involved in preparing and scheduling consent agenda items. How will amending the critical slopes regulations save time in the review process? By eliminating the need for critical slopes waivers, review times will be reduced. The applicant will not have to spend time preparing a request and justification. Staff will not have to process waiver requests. Review time for the County AGENDA TITLE: ZTA 2012 -0012 Critical Slopes February 6, 2013 Page 3 Attorney's office, the County Executive's Office and the Clerk of the Board would be eliminated. Projects will be approved administratively without having to wait for a Board meeting for action to be taken on the waiver. This will also allow site plans to be approved in less time. Staff also believes that the new regulations will result in intangible benefits to the community, such as more predictable development patterns, a more attractive community and improved protection of resources. BUDGET IMPACT: Staff anticipates that the cost to review the disturbance of Managed critical slopes will be no greater than to review the disturbance of any non - critical slopes. This means that the County's unrecovered costs for reviewing requests for critical slopes disturbance under the proposed regulations would be reduced to zero. Therefore, staff anticipates that the proposed regulations will have a positive budget impact, even if some applicants having lands in the Preserved area seek legislative or administrative relief. RECOMMENDATIONS: Staff recommends that the Board direct staff to proceed with the ZTA to amend the critical slope regulations as outlined by staff, including a Board work session on the outline of the proposed regulations before the Planning Commission work session, unless staff is directed otherwise. Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Resolution of Intent to Amend Section 4.2 April 1, 2009 Critical Slopes Regulations in the Zoning ACTION: INFORMATION: Ordinance CONSENT AGENDA: SUBJECT /PROPOSAL /REQUEST: ACTION: X INFORMATION: Adopt a Resolution of Intent to amend the ATTACHMENTS: Yes critical slopes regulations to provide REVIEWED BY: additional administrative waivers and exemptions STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Ms. McCulley LEGAL REVIEW: Yes BACKGROUND: On May 2, 2007, the Development Review Task Force (DRTF) presented its recommendations to the Board. One of the recommendations was "to establish staff authority for waivers and modifications in development areas." The zoning text amendment for the first phase of these waivers was adopted by the Board on January 14, 2009. In the initial discussion of the amendment on January 7th, the Board indicated that the regulations delineating the circumstances under which the agent may authorize the disturbance of critical slopes in the Development Areas should be broadened. STRATEGIC PLAN: Goal One: Enhance the Quality of Life for all Citizens - Affordable Housing Goal One: Enhance the Quality of Life for all Citizens — Economic Vitality Goal Four: Effectively Manage Growth & Development DISCUSSION: The zoning text amendment adopted by the Board on January 14, 2009 authorized the agent to waive the prohibition of disturbing critical slopes in the those zoning districts typically found in the Development Areas in two circumstances: (1) the critical slopes were created during the development of the property pursuant to a site plan approved by the County; or (2) the critical slopes will be disturbed to replace an existing structure located on critical slopes under specified circumstances. The proposed zoning text amendment would broaden the authority granted to the agent to grant waivers. For example, when the disturbed area would be less than an established threshold, or when the developer obtained approval of a mitigation plan addressing the impacts of disturbance. This authority would continue to extend to only those critical slopes not identified as resources in the Open Space Plan. The proposed zoning text amendment also could reconsider whether certain minor disturbances currently requiring a waiver, such as the disturbance of manmade critical slopes resulting from development allowed under a previously approved site plan, should be exempt from the waiver requirement, or be exempt subject to compliance with established performance standards. BUDGET IMPACT: Staff anticipates that adoption of the proposed ordinance would reduce staff time and costs associated with preparing staff reports and making presentations at Planning Commission meetings. The proposed ordinance would also reduce the time spent by the Commission in review and deliberation on waivers. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution of Intent (Attachment A). ATTACHMENTS Attachment A: Resolution of Intent RESOLUTION OF INTENT WHEREAS, the purposes of Sections 4.2, Critical Slopes, through 4.2.6, Exemptions, of the Zoning Ordinance are to direct development away from critical slopes to more suitable terrain in order to protect and conserve critical slopes, public drinking water supplies and flood plain areas, and to reduce soil erosion, sedimentation, water pollution and septic disposal problems associated with the development of critical slopes; and WHEREAS, in order to achieve these stated purposes, Sections 4.2 through 4.2.6 establish minimum requirements for building sites and the location of structures and improvements, including septic systems, establish a procedure for modifying those regulations in particular cases, and delineate a limited number of exemptions; and WHEREAS, the current regulations in Sections 4.2 through 4.2.6 have failed to allow the purposes of these sections to be fully realized for various reasons including, but not limited to, their failure to adequately distinguish the Comprehensive Plan's varying goals for development and preservation in different parts of the County; their failure to acknowledge that critical slopes may have different values depending on their location, including their proximity to waterways; and, their failure to provide standards for slope grading and retaining walls that would provide long -term safety, structural and surface stability, ease of maintenance, prevent erosion, be aesthetic, and be complementary to adjoining properties; and WHEREAS, although Section 4.2.5 was amended on January 14, 2009 to authorize the agent to approve the disturbance of critical slopes in limited circumstances on parcels outside of the Rural Areas, Village Residential, and Monticello Historic zoning districts, the current regulations in Section 4.2.5, pertaining to modifications and waivers, and Section 4.2.6, pertaining to exemptions, still impose impediments to the purposes of Sections 4.2 through 4.2.6 being fully realized, and the Board desires to, among other things, broaden the circumstances under which the agent may authorize the disturbance of critical slopes on parcels outside of those three zoning districts and to further clarify those disturbances that are exempt from the requirements of Section 4.2 through Section 4.2.4. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Board of Supervisors hereby adopts a resolution of intent to amend Sections 4.2 through 4.2.6 and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein. BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012 -12 Critical Slopes S U BJ ECT /PROPOSAL /REQU EST: Worksession on proposed amendments to the Critical Slopes regulations. STAFF CONTACT(S): Mr. Fritz, Mr. Brooks, Mrs. Echols PRESENTER (S): Mr. Fritz LEGAL REVIEW: No AGENDA DATE: August 13, 2013 ACTION: INFORMATION: x CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: Critical slopes waivers have been a regular and frequent item considered by the Planning Commission and Board of Supervisors. The majority of those waivers are approved. In order to bring predictability to the development process and reduce review costs to both applicants and the County it is appropriate to evaluate critical slope regulations. A resolution of intent to amend the critical slopes regulations was approved by Board of Supervisors on April 1, 2009. Staff began work on possible revisions, ultimately holding meetings with the public in December 2009, February 2010 and July 2013. STRATEGIC PLAN: Protect the County's parks and its natural, scenic and historic resources in accordance with the County's established growth management policies DISCUSSION: Staff considered the comments made during meetings with the public, reviewed the Comprehensive Plan and conducted research to determine best planning practices in other localities. Staff also utilized the experience gained by processing a large number of waivers to determine what is most important to the community. Based on the cumulative result of this research staff undertook to map all critical slopes (slopes of 25% or greater) in the Development Areas and categorize those slopes. It is important to point out that staff has only reviewed critical slopes in the Development Areas. Currently all slopes of 25% or greater are considered critical and no change in this designation is proposed. The staff proposal is to recognize that not all slopes of 25% or greater are equal in character. Some areas should be "Preserved ". In "Preserved" areas development would not be permitted with the exception of uses to allow reasonable use of the property and insure that a taking has not occurred. Other areas would be designated as "Managed ". In "Managed" areas development would be permitted by right, provided that development standards are met. The designation of the two types of critical slope areas would be included in a new slopes overlay district in the Zoning Ordinance. The attached maps show those areas preliminarily designated as Preserved and Managed. Staff is still receiving comment on these maps and they will likely require some modification prior to any public hearing on the zoning text amendment. The topography used to develop the maps is from the County's topographic database, available on the County's Geographic Information GIS system. The topography is not field run. Staff has used the GIS level of accuracy to develop the ordinance because it matches the current ordinance regulations. In both the Zoning and Subdivision Ordinances an applicant may use the County topography in the GIS system for the submittal and review of plans. This data is then used to determine if critical slopes are present on the property. In some cases field run topography may show differing areas of critical slopes. Staff experience has been that while differences in field run and County GIS data do occur these differences have been relatively small. Staff used the following criteria in preparing the maps: The following factors tended to support designation of a slope as Preserved: - The slopes are part of a system of slopes associated with a water feature. - The slopes are part of a hillside system. - The slopes are identified as a resource in the Open Space Plan. - The slopes are identified as a resource in the Comprehensive Plan. - The slopes may be of significant value to the Entrance Corridor District. The slopes are a contiguous area of 10,000 square feet or more or a close grouping of slopes less than 10,000 square feet. - The slopes are shown to be preserved by a prior County action. The following factors tended to support designation of a slope as Managed: - The contiguous area of critical slopes is limited or fragmented. - The slopes are not associated with a water feature. - The slopes are not natural. - The slopes have been significantly disturbed prior to June 1, 2012. - The slopes are located within previously approved single family residential lots. - The slopes are shown to be disturbed by a prior County action. The slopes shown on the attached maps do not expand or decrease the area of critical slopes regulated. All areas shown as either orange or green on the attached maps are existing critical slopes based on the County GIS. The green areas are proposed "Protected" slopes and the orange areas are proposed "Managed" slopes. No proposal is being made to expand or decrease the acreage of critical slopes regulated. After mapping the critical slope resources of the development areas, staff considered what the typical impacts are to critical slopes. Slopes are cut and filled to achieve a level surface for roads, parking and buildings. Below are diagrams providing a basic example of what occurs during the development of critical slopes: EXAIAKE Of E CUT $ nd FILL SLOPE PIM 11+91 grade V+ku rrpa VuLur77ii� or cut OF fxl FiM " J W Road M)rfVA or Fu�'Ary IocMii ire �1 l +Kry ' r How LEVEL BUILDING SITES are REA- E D on STEED SLOPES CUT 1.ki 12L1_Gw NG PAIG - -- - rii OPTr -"_ A%61kr4rw YKL ir I As can be seen from the above diagrams the creation of a flat area can result in the creation of slopes steeper than previously existed. Based on staff research and the comments made at the meetings with the public, staff opinion is that the resulting character of development on critical slopes is important to the community and consistent with best planning practices. FELL SLOPES BLE SPED WrFH NATURAL STEEF MLLSIDE Round 64"a or FE is 44 n4 w {r1 MEvr$I h04M A VOIQ 4r DU�3e PW01414F c ".16n P*u W "o s4 nORI#m of f A m cgep w!h!n nwWral aartouri F■ arra DIAGRAM 111 -2: -4N IIFDRM GRADED SLOPES y' 4 r VinwbN ■bp. fr l i ' r i i ' prOCwlnt 00"i- n W ., " f � r r + Vhm.ah -a f / a _ , s trOG.W. awrrp rinx+OfC IQR arN Y� - - - - - - - T¢• eti 4*ndf— Grw4rlp Pun EXAMPLES of PREFERRED /NoT PREFERRED GRINDING TECHNIQUES Rau nded transIm )dr;ed slope Pr@ftrred - f otlow tfamItion - Ya'rBed 510Re Rasoact natura I Priforred -AbMpt tMnS tian - Uniform slope fiat Prafamd -Abf jpt trams tom om - Uniform Slope (aFade ]drys gat jerrn Not Profor, 0 L Nvk Preferred EXAMPLES OF RETAINING WALL DESIGNS TO AVOID AND PROMOTE Ar-1 1� 1 Promote To achieve the desired grading character the use of development standards should be implemented. By using development standards the disturbance of "Managed" critical slopes can be processed administratively. Developers will know what standards to use and can incorporate those standards into their designing and planning processes at the beginning of the project layout. Neither the developer nor the citizens of the County will have to wonder if the development of a certain area will be permitted or what it will look like. Some areas will not be permitted to be developed while others may be developed with known standards. Staff researched the practices of other localities in an effort to develop standards appropriate for Albemarle County. The attached draft zoning ordinance language is intended to incorporate the best standards of other communities and the desires expressed by the public during public meetings. It is recognized that certain activities should be permitted in "Protected" areas. These activities potentially include: - Road Construction. - Sanitary Water and Sanitary Sewer facilities. - Stormwater facilities. - Public Utilities. - Public and Private recreation, such as trails. - Accessory uses on previously developed residential lots such as, gardens, sheds, driveways, decks and patios. - Expansion of an existing structure. - The establishment of the first dwelling on previously approved residential lots. These are examples of the general types of activities that may be permitted in "Protected" areas. Some of these uses are included in the proposed ordinance as "by- right' with standards for determining when the use will be permitted and some are included as uses by special use permit. BUDGET IMPACT: The establishment of development standards will allow for a more efficient review of projects ultimately reducing staff and Board workload required to review waiver requests. This should have an estimated positive budget impact of between $25,000 and $50,000 a year. RECOMMENDATIONS: Staff recommends that the Planning Commission review the proposed amendment and provide staff with direction on possible revisions prior to scheduling a public hearing. ATTACHMENTS: Attachment A — Crozet Slope Maps Attachment B — Neighborhoods 1 and 2 Slope Maps Attachment C — Pantops (Neighborhood 3) Slope Maps Attachment D — Neighborhoods 4 -7 Slope Maps Attachment E — Hollymead Slope Maps Attachment F — Piney Mountain Slope Maps Attachment G — Rivanna Slope Maps Attachment H — Proposed Ordinance COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012 -00012 Critical Slopes S U BJ ECT /PROPOSAL /REQU EST: Presentation of proposed approach for critical slopes regulations in the Development Areas. STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Graham, and Fritz PRESENTER (S): Mr. Fritz LEGAL REVIEW: Yes AGENDA DATE: November 7, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On May 2, 2007, the Development Review Task Force (DRTF) presented the Board its recommendations for review and consideration including a provision that would "...establish staff authority for waivers and modifications in development areas." On January 14, 2009, the Board adopted a zoning text amendment authorizing the County's agent to authorize critical slopes (slopes of 25% or greater) to be disturbed in those zoning districts typically found in the Development Areas in two specific circumstances: (1) the critical slopes were created during the development of the property pursuant to a site plan approved by the County; and (2) the critical slopes would be disturbed to replace an existing structure located on critical slopes under specified circumstances. In the initial discussion of that amendment on January 7, 2009, the Board indicated that the regulations delineating the circumstances under which the agent may authorize the disturbance of critical slopes in the Development Areas should be broadened. The Board adopted a resolution of intent to amend the critical slopes regulations on April 1, 2009. (Attachment A) Staff began work on the regulations and held roundtables with stakeholders in December 2009 and February 2010. A summary of the roundtable comments is included as Attachment B. Staff continued to work on further assessing revisions to the regulations throughout 2010, however, that work was temporarily suspended due to reductions in staffing levels as well as undertaking more recent Board priorities such as the Ministerial and Legislative Process changes, the fast track process, biosolids, home occupancy regulations, farm winery regulations, and Wireless policy and regulations. Staff is now seeking Board concurrence on the proposed approach before proceeding to public hearing with a draft ordinance. STRATEGIC PLAN: Goal 4: Protect the County's parks and its natural, scenic and historic resources in accordance with the County's established growth management policies DISCUSSION: Staff considered the comments made at the roundtables, reviewed the Comprehensive Plan (Attachment C) and studied how other localities regulate critical slopes to identify the best practices for preserving and managing them. Staff also has applied its experience in processing a large number of critical slopes waivers to determine the most important issues to the community. A more detailed discussion of critical slopes and management strategies is provided as Attachment D. Based on the cumulative results of this research, staff mapped all critical slopes in the Development Areas. Because different critical slopes may have different qualities and characteristics, staff has classified the areas of critical slopes as either "Preserved" or "Managed." Those areas of critical slopes classified as "Preserved" would not be allowed to be disturbed. Staff recommends establishing an overlay district that would identify and regulate the Preserved areas. Those areas of critical slopes classified as "Managed" could be disturbed by right, subject to applicable performance standards. Certain activities would be exempt from the applicable critical slopes regulations in both the Preserved and Managed areas. Owners of lands within a Preserved area could request a variance from the Board of Zoning Appeals to disturb Preserved critical slopes. AGENDA TITLE: ZTA 2012 -00012 Critical Slopes November 7, 2012 Page 2 The attached maps (Attachments E through K) show all of the existing critical slopes in the Development Areas and identify them as either Preserved or Managed. The areas shown in green are the proposed Preserved areas and the areas shown in orange are the proposed Managed areas. The areas shown in purple are protected stream buffers. The proposed zoning text amendment would not expand the areas of regulated critical slopes. Staff applied the following criteria in classifying critical slopes areas as Preserved or Managed: Preserved Areas - The slopes are part of a system of slopes associated with a water feature. - The slopes are part of a hillside system. - The slopes are identified as a resource in the Open Space Plan. - The slopes are identified as a resource in the Comprehensive Plan. - The slopes may be of significant value to the Entrance Corridor District. - The slopes are a contiguous area of 10,000 square feet or more or a close grouping of slopes less than 10,000 square feet. - The slopes are shown to be preserved by a prior County action. Managed Areas - The contiguous area of critical slopes is limited or fragmented. - The slopes are not associated with a water feature. - The slopes are not natural. - The slopes have been significantly disturbed prior to June 1, 2012. - The slopes are located within previously approved single family residential lots. - The slopes are shown to be disturbed by a prior County action. These areas are subject to change as additional information is obtained. The disturbance of critical slopes in the Rural Areas will continue to be allowed only by special exception. BUDGET IMPACT: Establishing development standards will allow for a more efficient review of projects ultimately reducing staff and Board workload required to review waiver requests. While the number of critical slopes waivers is not enough to result in a need for fewer staff, this change should provide significant cost reductions for applicants. During the development of new regulations, the County will incur costs related to publishing notifications, sending mailings to property owners in the development areas, and holding open houses and work sessions. The large number of property owners that will be notified will have a significant impact on the Community Development's existing budget for advertisement and printing. Staff anticipates that adoption of a zoning text amendment would (1) reduce staff time and costs associated with reviewing projects, preparing staff reports, and making presentations before the Planning Commission and the Board for applications for special exceptions; and (2) reduce the applicant's time and cost. RECOMMENDATIONS: Staff recommends that the Board direct staff to (1) continue to work on the development of a critical slopes overlay district containing "Preserved" critical slopes; (2) generate development standards for "Managed" critical slopes; and (3) develop a list of exempt activities. Upon completion of this work, staff will prepare a zoning text amendment for consideration. Staff recommends that the following steps to amend the critical slopes regulations be taken prior to scheduling a public hearing: - Meet with the Board appointed Citizen Advisory Councils for the various neighborhoods for input. These meeting are expected to occur in January and February of 2013. - Hold an Open House with notification being mailed to affected property owners in the development areas. It is expected that multiple Open Houses will be required. These meetings are expected to occur during the 2nd quarter of 2013. - Hold a work session with the Planning Commission to review public input received at the Open House and to determine if the proposed zoning text amendment is ready to be scheduled for public hearings. It is expected that this work session will occur in the early part of the 3rd quarter of 2013. AGENDA TITLE: ZTA 2012 -00012 Critical Slopes November 7, 2012 Page 3 ATTACHMENTS: Attachment A — Resolution of intent Attachment B — Roundtable Summary Attachment C — Comprehensive Plan Statements about Critical Slopes Attachment D — Background on Critical Slopes and Management Strategies Attachment E — Crozet Slope Maps Attachment F — Neighborhoods 1 and 2 Slope Maps Attachment G — Pantops (Neighborhood 3) Slope Maps Attachment H — Neighborhoods 4 -7 Slope Maps Attachment I — Hollymead Slope Maps Attachment J — Piney Mountain Slope Maps Attachment K — Rivanna Slope Maps Return to agenda