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Home My WebLink AboutSDP201400046 Action Letter Major Amendment, Final Site Plan 2014-09-10pF AL J$ GINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832; Fax (434) 972-4126 s September 10, 201,4 Justin Shimp/Shimp Engineering PC 201 E. Main St., Ste. M Charlottesville, Va 22902 RE: SDP -2014-00046. Christian Aid Mission Critical Slopes Waiver — Major Site Plan Amendment. Dear Mr. Shimp: s The Albemarle Co`Lnty Board of Supervisors, at its meeting on, August 13, 2014, adopted, by a vote of 6:0 a Reso'lution to deny Special Exception indentified as SDP -2014-00046, Regents School of Charlottesville, to disturb critical slopes which provides reasons for denial. If you should have any questions or comments regarding the above noted action, please do not hesitate to contactme at (434) 296-5832. Sincerely, r David Benish Chief of Planning Planning Division CC: Christian Aid Mission 1201 5th Street Ext Charlottesville Va 22902 *Attachment* ATTACHMENT C STAFF PERSON: Christopher Perez BOARD OF SUPERVISORS: August 13, 2014 Special Exception to`waive provisions of Section 4.2 of Zoning Ordinance (Critical Slopes) LOCATION: 3045 Ivy Road, Charlottesville' TAX MAP/PARCEL: 05900-00-00-023G1 BACKGROUND: The applicant Christian Aid? Mission (CAM) is requesting approval of a Major Site Plan amendment to construct a new entrance onto Broomley Road, (Route 677) on the CAM property of TMP 05900-00-00-023G1. The proposed entrance is located in an area containing critical slopes. The applicant is requesting a special exception for disturbance of a small area of man-made critical slopes to facilitate the entrance. CRITICAL SLOPES WAIVER The proposed development will require the disturbance of critical slopes. A modification to allow critical slopes disturbance is necessary before the Major Site Plan Amendment 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 Western portion of the CAM property. The area of critical slopes on the entire site is approximately 100,000 SF and represents 19% of the parcel. The proposed entrance onto Broomley Road disturbs 573 SF (0.6%) of the critical slopes onsite. The critical slopes in the area of this request appear to be man-made arjd created pursuant to the construction of Broomley Road and the closing of the original entrance to the Christian Aid Mission property from Broomley Road (to include grading and filling) as approved by the County on Site Plan: SDP1'988-094. Review of the request by'Engineering staff: These slopes are from road ditch and shoulder work. The County Engineer has determined that because these are man- made slopes associated with previous road work, the full review of critical slope criteria is unnecessary. Disturbance is necessary to establish a safer entrance. Review of the request b2flanning staff: The critical slopes in the area of this request appear to be man-made and created pursuant to the construction of Broomley Road and the closing of the original entrance to the Christian Aid Mission property from Broomley Road (to include grading and filling) as approved by the County on Site Plan SDP1988-094. The disturbance of these critical slopes may be authorized by the Board of Supervisors by a Special Exception under Chapter 18 Sections 4.2.1(b) and 33.5. 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.) .i "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 safer entrance to be built. The critical slopes in the area of this request appear to be man- made. 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 Christian Aid Mission - Special Exception August 13, 2014 BOS 6 l an equivalent degree;" No alternatives have been proposed by the applicant. Regardless, any entrance proposed on Broomley Road - would require a critical slope waiver. T. 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" Disturbance is necessary to establish a safer entrance. T. 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." Disturbance is necessary to establish a safer entrance. Based on Engineering andiPlanning'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. RECOMMENDATION. Staff recommends approval of the critical slopes waiver. Christian Aid Mission—Special Exception August 13, 2014 BCS 2 ATTACHMENT RESOLUTION WHEREAS,Christian Aid Mission is the owner of Tax Map and Parcel Number 05900-00-00-023G1 (the "Property"); and WHEREAS; Christian Aid Mission filed applications to amend its site plan to establish an entrance on Broomley Road and to obtain a special exception identified as SDP -2014-00046 ("SDP -2014-46") to disturb critical slopes in conjunction with the construction of the entrance on Broomley Road; and WHEREAS, the Property has an existing entrance on Route 250; and WHEREAS, "it is premature to evaluate an entrance on Broomley Road until the Broomley Road bridge over the railroad tracks abutting the Property is replaced; and WHEREAS, establishing a second entrance on the Property would facilitate more intensive use of the Property and would riot improve the level of service on this segment of Broomley Road; and WHEREAS, the Property is zoned Commercial Office (CO) but is designated as Rural Area in the Comprehensive Plan. (the "Plan") and facilitating the intensification of the use of the Property is contrary to the Plan's policy of preserving the rural character of the County's Rural Area, and, in considering the scale and intensity of the use of the Property, is contrary to several of the guiding principles for the Rural Area including, but not limited to, protecting and enhancing the rural quality of life for present and future Rural Area residents. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff report prepared in conjunction with SDP -2014-46, which is Attachment C to the executive summary for Special Use Permit 2014-00005, also considered on August .13, 2014, and all of the factors relevant to a special exception to disturb critical slopesin Albemarle County Code §§ 18-4.2.5 and 18-33.8, the Albemarle County Board of Supervisors does not find that disturbing the critical slopes as proposed would forward the purposes of Chapter 18, Zoning, of the Albemarle County Code or otherwise serve the public health, safety or welfare, and it hereby denies the special exception to disturb critical slopes in conjunction with SDP -2014-46. 18