HomeMy WebLinkAboutSDP201100011 Legacy Document 2011-12-08ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP201100011 Blue Ridge Swim
Staff: Ellie Ray- Senior Planner; Max Greene -
Club- Critical Slopes Waiver
Engineering Tech
Planning Commission:
Board of Supervisors Hearing:
December 13, 2011
Not applicable
Owners: Blue Ridge Swimming Pool Club Ltd.
Applicant: Todd Barnett
Acreage: 13.206 acres
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 58 Parcel 75A
By -right use: RA Rural Areas - agricultural,
Location: [Attachment A] On the south side of
forestal, and fishery uses; residential density (0.5
Owensville Road [Route 678], 1.2 miles north of
unit /acre in development lots).
U.S. 250
Magisterial District: Samuel Miller
Proffers /Conditions: Yes (SP201100035 &
SP201100041)
Requested # of Dwelling Lots: N/A
DA — RA — X
Proposal: Request for the disturbance of critical
Comp. Plan Designation: Rural Areas -
slopes.
preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources/
density (0.5 unit/ acre in development lots).
Character of Property: [Attachment B & C]
Use of Surrounding Properties: Single Family
Wooded with a stream and associated buffer.
Residential; vacant land.
Existing swimming pool, bath house, concession
stand, and parking areas.
Factors Favorable:
Factors Unfavorable: See Report
1. The disturbance is minimal and comprises the
1. None identified
best solution for providing a better wastewater
treatment system on the property by allowing
the drainfield to be moved further from the
stream, and thus provides a larger degree of
protection from possible septic discharge.
2. The disturbance does not impact significant
resources in the Open Space Plan.
3. The critical slopes to be disturbed do not make
up a larger system of slopes.
4. The disturbance allows the approved use to
move forward in a more responsible manner.
RECOMMENDATION:
1. Section 4.2.5 Modification of critical slopes, Staff recommends approval based upon the
analysis provided in the report.
STAFF PERSON: Ellie Ray- Senior Planner; Max Greene- Engineering Tech
PLANNING COMMISSION: December 13, 2011
AGENDA TITLE: SDP201100011 Blue Ridge Swim Club- Site Plan & Critical Slopes Waiver
APPLICANT: Todd Barnett
PROPERTY OWNER(S): Blue Ridge Swimming Pool Club Ltd.
APPLICANT'S PROPOSAL:
Request for the disturbance of critical slopes. [Attachment D]
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas - preserve and protect agricultural,
forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development
lots).
PLANNING & ZONING HISTORY:
SP2010 -00035 & SP2010- 00041: Approved 4/6/11 for a summer camp that would allow overnight
stays; continue existing swimming pool use for members; and allow special events and concession sales
on 13.206 acres [Attachment E].
REASON FOR PLANNING COMMISSION REVIEW:
The applicant has requested a modification of critical slopes per Section 4.2.5 of the Zoning Ordinance.
The Planning Commission will need to take actions on the following sections of the Zoning
Ordinance:
1. Section 4.2.5 Modification of critical slopes.
CRITICAL SLOPES MODIFICATION
The proposed development will require the disturbance of critical slopes. A modification to allow
critical slopes disturbance is necessary before the site plan can be approved by staff. 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 F], and staff has analyzed this request to
address the provisions of the Ordinance.
The critical slopes in the area of this request appear to be natural. 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." These concerns have been addressed directly through the analysis provided herein,
which is presented in two parts, based on the Section of the Ordinance each pertains to.
Section 4.2.5(a)
Review of the request by Current Development Engineering staff:
Description of critical slope area and proposed disturbance:
This is an existing member based swimming facility next to a drinking water shed stream. The critical
slope disturbance is for the installation of a 1.5" septic discharge line to a new drain field location. The
proposed drain field location is out of the stream buffer. Current type and location of septic treatment is
unknown at this time.
Areas
Acres
Total site
13.2 acres approximately
Critical slopes
1.6 ac.
12% of site
Critical slopes disturbed
.0034 ac.
0.2% of critical
slopes
Exemptions to critical slopes waivers for driveways, roads, and utilities without reasonable
alternative locations:
This disturbance is not exempt as shown.
The engineering analysis of the request follows:
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 ": Proper slope construction, control of
drainage, and vegetative stabilization will prevent any movement of soil.
2. "excessive stormwater run - off ": Stormwater runoff will be reduced in this area, as the slopes
drain into the pool area.
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 ": This area is not visible from the roads and houses in the
neighborhood. These slopes appear natural and will not be changed by the pipe installation.
5. "septic effluent": This neighborhood is not serviced by public sewer. This proposal allows the
applicant to move the drainfield further from the stream, and thus provides a larger degree of
protection from possible septic discharge.
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 review above, there are no engineering concerns which prohibit the disturbance of the critical slopes.
Engineering recommends approval in order to protect the stream from the existing septic discharge.
Review of the request by Current Development Planning staff:
Summary of review of modification of Section 4.2:
Section 4.2.5 establishes the review process and criteria 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) here, along with staff comment on the various provisions.
The commission may modify or waive any requirement of section 4.2 in a particular case upon finding
that:
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 the drainfield to be moved to a location further from a water
supply watershed stream.
B. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of
section 4.2 to at least an equivalent degree;
No alternatives have been proposed by the developer.
C. 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
Staff has found that prohibiting the disturbance of the critical slopes on this property could
restrict the use of the property since there is an approved special use permit in place for the camp
and swimming pool use (SP201000035 & SP201000041). The applicant is proposing to mitigate
the existing condition of an unknown drainfield location that is presumed to be within the stream
buffer with a better solution, but needs to cross critical slopes to do so.
D. 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.
This property has been in existence as a swimming facility and/or a children's summer camp for
over 90 years. The applicant purchased this property to operate his camp, and obtained approval
of a special use permit for the associated uses. Due to the fact that this site has an existing
drainfield of unknown location (presumed to be within the stream buffer), staff has found that
granting the modification could serve a public purpose of greater import than would be served by
strict application of the regulations by allowing the drainfield to be located well outside of the
stream buffer.
4
FAVORABLE AND UNFAVORABLE FACTORS:
Staff has identified the following favorable and unfavorable factors:
Favorable factors:
1. The disturbance is minimal and comprises the best solution for providing a better wastewater
treatment system on the property by allowing the drainfield to be moved further from the
stream, and thus provides a larger degree of protection from possible septic discharge.
2. The disturbance does not impact significant resources in the Open Space Plan.
3. The critical slopes to be disturbed do not make up a larger system of slopes.
4. The disturbance allows the approved use to move forward in a more responsible manner.
Unfavorable factors:
1. None identified.
CRITICAL SLOPES MODIFICATION RECOMMENDATION:
Staff recommends approval of the critical slopes modification request.
ACTION TO BE TAKEN:
1. Approval of Modification of Section 4.2 to allow disturbance of critical slopes.
ATTACHMENTS:
A. Vicinity Map
B. Property Map
C. Stream Buffer Map
D. Site Plan
E. Approval Letter: SP201000035 & SP20100004
F. Applicant Justification