HomeMy WebLinkAboutSDP200800154 Legacy Document 2011-03-02� /RCir�1Q
County of Albemarle
Department of Community Development
Memorandum
To: Summer Frederick
From: Bill Fritz
Division: Zoning and Current Development
Date: February 18, 2011
Subject: SDP 2008 —154 Re- Store'n Station
I have reviewed the applicants request for a modification of the buffer requirements contained in Chapter
18, Section 21.7(c) of the Code of Albemarle. This section states:
Buffer zone adjacent to residential and rural areas districts. No construction activity including
grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural
areas district. Screening shall be provided as required in section 32.7.9.
The applicant has requested a waiver as provided by Chapter 18, Section 21.7(c)(2) of the Code of
Albemarle. This section states:
Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter,
the agent may waive the prohibition of construction activity, grading or the clearing of
vegetation in the buffer zone in the following circumstances: (i) adequate landscape screening
does not currently exist and the installation of screening which meets or exceeds the
requirements of this chapter would result in disturbance to the buffer; (ii) an arborist or
landscape architect certifies that trees in the buffer are dying, diseased or will constitute a fall
hazard; (iii) the county engineer determines that disturbance of the buffer is necessary in order
to address an existing drainage problem; or (iv) disturbance of the buffer will result in
improved screening through the use of a berm, a retaining wall or similar physical
modification or improvement. In such a case, the developer or subdivider shall illustrate the
result of both the existing screening without disturbance of the buffer and the screening that
would be provided as a result of the disturbance of the buffer.
Two distinct areas of disturbance are proposed by the applicant. I will comment on each individually.
Location 1— This area is located in the southwest portion of the site. It is labeled as 1120' Disturbed Utility
Esm't" on sheets 6, 7, 8, and 10 of the plan titled "Re- Store'n Station" prepared 9/19/08 last revised on
12/13/10. This area has some vegetation. This vegetation consists of small scrubby vegetation that
provides limited screening and a few larger deciduous trees.
The waiver request for Location 1 is conditionally approved. The waiver is approved subject to the
installation of fencing as shown on the plan and the preservation of trees within the buffer that are 6
inches in diameter or larger. These trees shall be shown on the final site plan.
This waiver has been approved because it meets one of the standards for a waiver shown above. I will
address each criterion individually.
(i) adequate landscape screening does not currently exist and the installation of screening which meets or exceeds the
requirements of this chapter would result in disturbance to the buffer;
Fencing is proposed in this area. No fence detail is included in the site plan application. However, the
applicant describes the fence as a "privacy fence ". Further detail is provided for the fence, describing it
as a 6 foot "shadow box style" fence constructed of ... "'Woodshades' which is a no maintenance fiber
material in `rustic cedar' color ". Adequate landscaping does not currently exist in Location 1. The
fencing described by the applicant meets the screening requirements. Therefore, this provision has been
met.
(ii) an arborist or landscape architect certifies that trees in the buffer are dying, diseased or will constitute a fall
hazard;
No certification has been submitted. Therefore, this provision is not met.
(iii) the county engineer determines that disturbance of the buffer is necessary in order to address an existing drainage
problem; or
No existing drainage problem has been identified. Therefore, this provision is not met.
(iv) disturbance of the buffer will result in improved screening through the use of a berm, a retaining wall or similar
physical modification or improvement. In such a case, the developer or subdivider shall illustrate the result of both the
existing screening without disturbance of the buffer and the screening that would be provided as a result of the disturbance
of the buffer.
No berm, wall or other physical modification to provide screening is proposed. Therefore, this provision
is not met.
Location 2 — This area is located on the southern boundary. The proposal is to install landscaping within
the 20 foot buffer.
After consultation with the Zoning Administrator it has been determined that no wavier is required
because no construction, clearing or grading is proposed. However, the applicant is put on notice that no
clearing of vegetation is authorized to install the proposed plantings. The plantings proposed within the
buffer are to be considered supplemental to any required landscaping. I have done no evaluation to
determine if the plan provides screening as required by Chapter 18, Section 32.7.9.8.C. Due to the slope
of the property it is my opinion that the plantings within the 20 foot buffer will do little to screen the site
from adjacent residential property.
The above comments address only the proposed activity within the buffer. They are not intended to
comment on landscaping, screening or design requirements contained within the ordinance or required
by the conditions of the Special Use Permit.