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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP2009 -62 Free Bridge
Staff: Elizabeth M. Marotta, Senior Planner
Office — Critical Slopes Waiver Request
Planning Commission Public Hearing:
Board of Supervisors Hearing:
December 8, 2009
N/A
Owners: Free Bridge Auto
Applicant: Justin Shimp, Dominion Engineering
Hurt Investment Company
Acreage: 36,982 SF (0.849 acres)
Rezone from: N/A
Special Use Permit for: N/A
TMP: Tax Map 78 -11
Zoning: Highway Commercial- Entrance Corridor (HC -EC)
Location: Southside of Olympia Drive (under
By -right use: yes
construction) behind Free Bridge Auto Sales.
Magisterial District: Rivanna
Proffers /Conditions: N/A
Requested # of Dwelling Lots: N/A
DA— X RA —
Proposal: Critical slopes waiver in
Comp. Plan Designation: Urban Area 3 with Primary
conjunction with a preliminary site plan for the
landuse Urban Density and Secondary landuse Commercial
development of a 12,000 square foot
Mixed Use.
commercial office building. Request is to
disturb 0.041 acres (1,812 square feet) of
critical slopes.
Character of Property: Cleared and partially
Use of Surrounding Properties:
graded in association with the development of
North- Olympia Drive, under construction
adjacent parcels, installation of a temporary
South- Free Bridge Auto Sales
stormwater management facility, and
construction of the new Olympia Drive.
East- office
West- Kia Auto Sales
Factors Favorable:
Factors Unfavorable:
1. Runoff and siltation can be handled
1. Natural critical slopes are proposed to be disturbed.
with detailed and phased erosion and
sediment control measures.
2. Site is within the County's
Development Areas.
RECOMMENDATION: Approval
STAFF PERSON: Elizabeth M. Marotta, Senior Planner
PLANNING COMMISSION: December 8, 2009
AGENDA TITLE: SDP200900062 Free Bridge Office
APPLICANT: Justin Shimp, Dominion Engineering
PROPERTY OWNERS: Free Bridge Auto and Hurt Investment Company
APPLICANT'S PROPOSAL:
Critical Slopes waiver to allow 1,812 square feet (0.041 ac) of critical slope disturbance, in conjunction
with a preliminary site plan approval for the construction of a 12,000 square foot commercial office
building. The applicant has requested a modification of Section 18 -4.2.5 of the Zoning Ordinance in
order to allow disturbance of natural critical slopes. The property, described as Tax Map 78, Parcel 11,
contains 0.849 acres, 0.041 acres of which are critical slopes. The property is zoned HC -EC ( Highway
Commercial, Entrance Corridor). This site is located in the Rivanna Magisterial District on the south
side of Olympia Drive (under construction) and immediately north of Free Bridge Auto Sales.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Urban Area 3 with a Primary landuse of Urban
Density and a Secondary landuse of Commercial Mixed Use.
REASON FOR PLANNING COMMISSION REVIEW:
Disturbance of critical slopes is proposed and a waiver is required.
PLANNING AND ZONING HISTORY: None Available.
STAFF REVIEW:
This preliminary site plan application was initially reviewed by the Site Review Committee on December
1, 2008. The application was deferred indefinitely, and in August of this year the applicant resubmitted
their application. The applicant has worked towards preliminary site plan approval, however in order for
staff to issue preliminary site plan approval, a waiver of section 4.2.3.2 is required.
CRITICAL SLOPES MODIFICATION:
The 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(a) allows the Planning Commission to waive this restriction. The
applicant has submitted a request and justification for the waiver [Attachment A], and staff has analyzed
this request to address the provisions of the ordinance.
Critical slopes occur in a number of areas on the site, for a total of approximately 0.21 acres (9,502
square feet), or approximately 25% percent of the 0.849 -acre site. The majority of the critical slopes on
the site were man -made with the construction of Olympia Boulevard and associated stormwater
management facilities, however there is a small area of natural slopes occurring along the eastern side
of the site. Staff granted an administrative waiver for disturbance of the slopes that were created as a
result of an approved site plan.
Staff reviewed this waiver request with consideration for the concerns 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)
Review of the technical performance standards.:
Description of critical slope area and proposed disturbance:
The critical slope area that is the subject of this request appear to be naturally - occuring slopes. The
critical slope disturbances are in the form of:
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
1. "rapid and /or large scale movement of soil and rock ":
The areas of critical slope are the cut areas for Olympia Drive and the embankment of a
temporary erosion and sediment control basin. Large scale movement of soil and rock is not
anticipated to occur as a result of this construction.
2. "excessive storm water run - off ":
Conceptual stormwater management for the development, as shown on the preliminary site plan
will be refined prior to Current Development Engineering approval of the final site plan. Olympia
Drive currently has storm sewer features in place, directing stormwater to a regional (non -
County owned) facility. Excessive stormwater run -off is not expected to occur.
3. "siltation of natural and man -made bodies of water ":
The applicant will submit an Erosion and Sediment Control Plan with the final site plan which will
be reviewed for County and State compliance. Proposed E &S measures are anticipated to
reduce sediment -laden runoff from leaving the site. Inspections and bonding by the County will
monitor maintenance of the erosion control facilities during construction. Proper stabilization and
maintenance will achieve long term stability.
4. "loss of aesthetic resource ":
This is an area that has been previously disturbed. Existing mature vegetation is expected to be
sparse.
This property is not identified as part of a major or locally important stream valley or adjacent
critical slope system in the County's Open Space Plan.
Total Areas
Proposed
%
Disturbance
Total site
36,982 SF (0.849 + /- ac)
1,812 SF (0.041 ac)
% of total site area=
4.8%
Area of critical slopes-
Natural = 1,812 SF
1,812 SF
% of total site area=
Natural
4.8%
Total critical slopes
9,502 SF (0.21 ac= 25%
9,012 SF (0.20 ac)
% of critical slopes=
of total site )
95%
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
1. "rapid and /or large scale movement of soil and rock ":
The areas of critical slope are the cut areas for Olympia Drive and the embankment of a
temporary erosion and sediment control basin. Large scale movement of soil and rock is not
anticipated to occur as a result of this construction.
2. "excessive storm water run - off ":
Conceptual stormwater management for the development, as shown on the preliminary site plan
will be refined prior to Current Development Engineering approval of the final site plan. Olympia
Drive currently has storm sewer features in place, directing stormwater to a regional (non -
County owned) facility. Excessive stormwater run -off is not expected to occur.
3. "siltation of natural and man -made bodies of water ":
The applicant will submit an Erosion and Sediment Control Plan with the final site plan which will
be reviewed for County and State compliance. Proposed E &S measures are anticipated to
reduce sediment -laden runoff from leaving the site. Inspections and bonding by the County will
monitor maintenance of the erosion control facilities during construction. Proper stabilization and
maintenance will achieve long term stability.
4. "loss of aesthetic resource ":
This is an area that has been previously disturbed. Existing mature vegetation is expected to be
sparse.
This property is not identified as part of a major or locally important stream valley or adjacent
critical slope system in the County's Open Space Plan.
5. "septic effluent ":
The existing subdivision is served by a public sewer and there are no septic drainfields within
the area of this disturbance.
No portion of this site plan is located inside the 100 -year floodplain 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.
Section 4.2.5(b)
Recommendations on the findings that must be made by the Planning Commission in order to
allow disturbance of critical slopes.
The commission may modify or waive any requirement of section 4.2 in a particular case upon finding
that:
1. 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, or that alternatives proposed by
the developer would satisfy the purposes of section 4.2 to at least an equivalent degree; or
(Added 11- 15 -89)
By allowing disturbance of critical slopes, an inter - parcel connection can be made, and inter -
parcel connectivity does forward the public purpose of providing safe and convenient access.
2. 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 properties. Such modification or waiver
shall not be detrimental to the public health, safety or welfare, to the orderly development of the
area, or to adjacent properties, or be contrary to sound engineering practices; or (Added 11 -15-
89)
The existing natural critical slopes are located along the eastern property line, where an inter -
parcel connection to Free Bridge Auto Sales is proposed. In order to develop the property for a
commercial office use and apply an efficient and logical site layout, while still meeting parking
requirements and provide inter - parcel connectivity, disturbance of these critical slopes is
necessary. The county engineer has reviewed the proposed project and has deemed that the
required soil and erosion control plan would address all potential runoff and siltation issues
associated with disturbance of critical slopes.
3. Granting such modification or waiver would serve a public purpose of greater import than would
be served by strict application of section 4.2. (Added 11- 15 -89)
This property is located within the County's Development Area. As such, public policy supports
the development of the site in a manner consistent with applicable codes and ordinances. The
proposal to develop this site for a commercial office building and associated parking is
consistent with the zoning in place, as well as the policy to encourage development within the
development areas. As discussed above, the majority of the site has already been previously
disturbed. Therefore, granting the waiver, thus enabling the development of the proposed
commercial office building, furthers the public objective of concentrating development within the
development areas.
SUMMARY AND RECOMMENDATION:
Staff review has resulted in both favorable and unfavorable findings:
Favorable factors:
1. Runoff and siltation can be handled with detailed and phased erosion and sediment control
measures.
2. Site is within the County's Development Areas.
Unfavorable factors:
2. Natural critical slopes are proposed to be disturbed.
Staff opinion is that the favorable factors outweigh the negative factors and therefore staff recommends
approval of a waiver of Section 4.2.3.2 to allow activity on critical slopes.
ATTACHMENTS:
A. Applicant Justification
B. Engineering Report
C. Location Map
D. Site Plan
,ceAo5
ts Dominion
e Engineering &
"
Design, LLC
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4 4 Ile ep I
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November 6, 2009
Elizabeth M. Marotta
Division of Zoning and Current Development
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902
172 South Pantops Drive
Charlottesville, VA 22911
Phone: 434 - 979 -8121
Fax: 434-979-1681
DDRVA.com
RE: SDP 2008662 Free Bridge Office Preliminary Site Plan.
Request for Planning Commission review of certain critical slopes disturbances on
Tax Map 78 parcel 11.
Dear Elizabeth:
This letter is to request a waiver from the requirements of Section 4.2 of the Zoning
Ordinance. The site plan referenced above shows that there are areas with 25% or
greater slopes that will have to be disturbed as part of this commercial development
project.
The total area of existing critical slopes within the project boundary is 9,502 SF. A portion of
those slopes have been deemed by the county as slopes which were not created per an
approved construction plan. This waiver request approval of disturbance for those slopes.
The table below shows the area's of critical slopes which are not a result of grading per the
approved plans:
Description of
Parcel Area
"Natural"
"Natural"
% of Critical
Areas
Critical
slopes
slopes
slopes @ site
disturbed
disturbed
TMP 78 -11
36,982 SF
1,812 SF
1,812 SF
100%
0.849 acres
0.041 acres
0.041 acres
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
1. "movement of soil and rock ": We will provide an erosion and sediment
control plan for controlling the movement of soil and rock involved with the
construction proposed in the critical slopes.
2. "excessive stormwater run - off": Storm sewer is already designed and in
place on Olympia Drive to convey stormwater runoff to the existing regional
Page 1
Attachment
L
CSW 110509- PC.doc
stormwater management facilities on the adjacent Pavilions at Pantops
development.
3. "siltation of natural and man -made bodies of water"., Inspection and bonding
by the County will ensure siltation control during construction. Proper
stabilization and maintenance will ensure long term stability.
4. `loss of aesthetic resource ": The slopes proposed for disturbance on parcel
11 that are not the product of work related to an approved construction plan
are very minimal at four hundreths of an acre and their disturbance is not
detrimental to any natural resource and is consistent with the Pantops
Master Plan which calls for development of commercial projects on this
parcel.
5. "septic effluent': No septic systems or drainfields are proposed in this
project. This project will be served by the public sanitary sewer system.
This site does not drain into a waterway that is a public drinking water supply for
Albemarle County.
The reasons given above demonstrate that the grading of critical slopes on this project
will not be detrimental to the health, safety, and /or welfare of the public.
Sincerely,
Justin Shimp
;�• �� Dominion
c Engineering S
6�
Design, LLB
Page 2 "s; r7
Attachment B
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902 -4596 Fax 434 972 -4126
Phone (434)'296-5832
To: Elizabeth Marrotta, Senior Planner
From: Amy Pflaum, Current Development Engineering Review
Subject: SDP200900062, Free Bridge Office, Critical Slope Waiver Request
Date received: 20 October 2009
Date of Comment: 16 November 2009 2009
The request for a waiver to develop on areas of critical slope for grading incorporated with proposed development
on TMP 78 -11 was received on 20 October 2009. The existing critical slopes and proposed grading are shown on
the Preliminary Site Plan dated 19 October 2009. The disturbance is for the construction of a 2 -story office
building and adjacent parking.
In accordance with the Section 18 -4.2.5 the agent may waive the prohibition of disturbing critical slopes
on any parcel not within the Rural Areas (RA), Monticello Historic District (MHD) or Village
Residential (VR) zoning districts if the critical slopes were created during the development of the
property pursuant to a site plan approved by the county.
The critical slope areas to be disturbed are manmade slopes created with the Town & Country and
Olympia Drive Road construction (Site Plan, WP0200600075, approved 8/20/2007) and the Free Bridge
Auto Sales construction (Major Amendment, SDP200000062, approved 12/14/2000).
The agent may grant a waiver if it is found that:
1. The property is not identified in the open space plan as one having any protected resources and a
field inspection has confirmed that there are no significant or critical features on the property identified
for protection in the open space plan: TMP78 -11 is not identified in the open space plan for protection.
2. There is no reasonable alternative that would eliminate or reduce the disturbance of critical slopes:
Manmade critical slopes cover 25% of the parcel, development without disturbance would be limited.
3. The developer or subdivider submitted and obtained approval from the program authority of an
erosion and sediment control plan, regardless of whether the area disturbed is less than ten thousand
(10, 000) square feet: Approval of Erosion & Sediment Control Plan is required prior to the approval of a
Final Site Plan for this development.
4. The developer or subdivider submitted and obtained approval from the county engineer of a plan that
describes how the movement, of soil and rock, stormwater runoff, siltation of natural and man -made
bodies of water, the loss of aesthetic resources identified in the open space element of the
comprehensive plan and, in the event of the failure of a treatment works and subsurface drainfield, a
greater travel distance of septic effluent, will be mitigated through design, construction techniques,
revegetation, stormwater management and other best management practices: Please see Request for
Waiver submitted October 12, 2009 by Dominion Engineering.
Engineering analysis is as follows:
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
1. "rapid andlor large scale movement of soil and rock ": The areas of critical slope are the cut
area for Olympia Drive and the embankment of a temporary erosion & sediment control
basin. Large scale movement of soil and rock is not anticipated to occur as a result of this
construction.
2. "excessive stormwater run -off Conceptual stormwater management for the development,
as shown on the preliminary site plan will be refined prior to Current Development
engineering approval of the final site plan. Olympia Drive currently has storm sewer features
in place, directing stormwater to a regional (non- County owned) facility. Excessive
stormwater run -off is not expected to occur.
3. "siltation of natural and man -made bodies of water": The applicant will submit an Erosion
and Sediment Control Plan with the Final Site Plan which will be reviewed for County and
State compliance. Proposed E &S measures are anticipated to reduce sediment -laden runoff
from leaving the site. Inspection and bonding by the County will monitor maintenance of the
erosion control facilities during construction. Proper stabilization and maintenance will
achieve long term stability.
4. "loss of aesthetic resource ": This is an area that has been previously disturbed. Existing
mature vegetation is expected to be sparse.
5. "septic effluent ": The existing subdivision is served by public sewer and there are no septic
drainfields within the area of this disturbance.
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.
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