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Home My WebLink AboutSDP200900021 Legacy Document 2009-05-11COUNTY OF ALBEMARLE EXECUTIVE SUMMARY Project Name: SDP2009 -21 Patricia Ann Staff: Summer Frederick, Senior Planner; Byrom Preserve Park Improvement - Amy Pflaum, Engineer Preliminary Planning Commission Public Hearing: Board of Supervisors Public Hearing: May 19, 2009 n/a Owners: County of Albemarle Applicant: Robert Crickenberger; County of Albemarle, Dept. of Parks and Recreation Acreage: 213.923 acres Special Use Permit for: n/a TMP: Tax Map 6, Parcel 28D Proffers /Conditions: n/a Location: The west side of Blackwells Hollow Road (SR 810) northeast of its intersection with Browns Gap Turnpike (SR 629). By -right use: RA -Rural Area Magisterial District: White Hall Requested # of Dwelling Units: n/a DA RA X Proposal: Request for preliminary site plan Comprehensive Plan Designation: Rural approval to allow the construction of a sixty- Area in Rural Area 1. five (65) space parking lot, park access road, and gravel pedestrian path. This application includes a request to modify Section 18 -4.2 to allow for disturbance of critical slopes. Character of Property: Property is heavily Use of Surrounding Properties: Rural wooded. Area Factors Favorable: Factors Unfavorable: 1. The applicant has satisfactorily 1. Denial of the waiver would not addressed the technical criteria for the prohibit or restrict the use of the disturbance of critical slopes. property. 2. The measures proposed by the applicant will satisfy the purpose of Section 4.2, at least to an equivalent degree, meeting the requirement for 4.2.5(a)3(a). RECOMMENDATION: Staff recommends approval of the request to waive requirements found in Section 18- 4.2.3.2. STAFF CONTACT Summer Frederick PLANNING COMMISSION May 11, 2009 AGENDA TITLE SDP2009 -21 Patricia Ann Byrom Preserve Park Improvement - Preliminary PROPERTY OWNER County of Albemarle APPLICANT Robert Crickenberger; County of Albemarle, Dept. of Parks and Recreation PROPOSAL The applicant proposes to construct a sixty -five (65) space parking lot, park access road, and gravel pedestrian path. The proposal includes requests to modify Section 18- 4.2.3.2 to allow activity on critical slopes. COMPREHENSIVE PLAN The Comprehensive Plan designates this property as Rural Area in Rural Area 1. CHARACTER OF THE AREA The property is currently heavily wooded. REASON FOR COMMISSION REVIEW The applicant has requested a waiver of Section 4.2.3.2 to allow activity on critical slopes. DISCUSSION CRITICAL SLOPES MODIFICATION This request for a modification 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(b) allows the Planning Commission to waive this restriction. The applicant has submitted a request and justification for the waiver [Attachment C], and staff has analyzed this request to address the provisions of the ordinance. Critical slopes cover approximately 0.30 acre, or approximately 8 percent, of the 4.00 acres of the proposed construction. This request is to disturb 0.30 acres, or 100 percent, of these critical slopes. 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." A request to allow disturbance of critical slopes must be reviewed in accord with the requirements of Section 4.2.5. This section requires a two part analysis. Section 4.2.5(a) is a review of the technical performance standards. If these technical standards are not met the disturbance of critical slopes cannot be approved by the Planning Commission. If these technical standards are met the Planning Commission may then consider the disturbance of critical slopes. The criteria for the Planning Commission's review of the disturbance of critical slopes are found in Section 4.2.5(b). Staff presents the analysis of the request to disturb critical slopes in two parts. Section 4.2.5(a)2 Description of critical slope area and proposed disturbance: The main disturbance of critical slope is a stream crossing for access to the new pedestrian and equine trails for the above - mentioned County Park expansion. There is an additional critical slope area approximately 600 square feet in total proposed to be disturbed in the horse trailer area. The property is 2 approximately 213.9 acres in total and the proposed parking lot and access way expansion appears to be approximately 4 acres of disturbance. The Stream crossing is disturbing critical slopes on both sides of the stream and a mitigation plan will replace the buffer disturbance. Areas Acres Total property 213.9 Total site 4 acres approximately Critical slopes 0.3 8% of site Critical slopes disturbed 0.3 100% 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. "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 area. "septic effluent" Public sewer does not service this site, however, the site will have a pump and haul vault toilet. Based on the review above, there are no engineering concerns which prohibit the disturbance of the critical slopes as shown. Section 4.2.5(a)3 Recommendations on the findinas that must be made by the Plannina Commission in order to allow disturbance of critical slopes. The commission may grant a modification or waiver if it finds that the modification or waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties; would not be contrary to sound engineering practices; and at least one of the following criteria is met: 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; Staff believes the location of the critical slopes, the minimal amount of critical slopes, along with the erosion and sediment, and stormwater management measures satisfy the purposes of section 4.2 to at least an equivalent degree. b) Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of 3 section 4.2 to at least an equivalent degree; The developer has not proposed any alternatives. c) 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, prohibiting the disturbance of critical slopes would effectively prohibit or unreasonably restrict use of the property or would result in significant degradation of the property or adjacent properties; Denial of this modification would not prohibit or unreasonably restrict the use of the property or result in significant degradation of the site or adjacent properties. Approval of this request would accommodate the by -right development through the provision of public recreational facilities in the rural areas. d) or Granting such modification or waiver would serve a public purpose of greater import than would be served by strict application of section 4.2. Staff has identified no evidence that the act of granting the proposed waiver would serve any greater public purpose that would be served by a strict application of Section 4.2. The Commission may want to consider that this development allow for increased access to, and use of a public resource. RECOMMENDATION: Staff review has resulted in both favorable and unfavorable findings: Favorable factors: 1. The applicant has satisfactorily addressed the technical criteria for the disturbance of critical slopes. 2. The measures proposed by the applicant will satisfy the purpose of Section 4.2, at least to an equivalent degree, meeting the requirement for 4.2.5(a)3(a). Unfavorable factors: 2. Denial of the waiver would not prohibit or restrict the use of the property. The Planning Commission may grant the modification if it finds that the request has met at least one of the three requirements in Section 4.2.5 (b). Staff has found that the request for modification meets one of the three requirements, and therefore recommends approval. SUMMARY: In conclusion, the Planning Commission must act upon the request for waiver of requirements found in Section 18- 4.2.3.2 to allow for disturbance of critical slopes. Staff recommends approval of this request. ATTACHMENTS: A. Final Site Plan (reduced) B. Location /Detail Maps C. Applicant Justification of Critical Slopes Modification 0