AGENDA DATE: 9/9/2015
TITLE:
Title
SDP200800155 Thomas Jefferson Foundation-Special Exception
BODY
SUBJECT/PROPOSAL/REQUEST: Resolution approving Special Exception for waiver of requirements of County Code Section 18-4.2 to allow disturbance of critical slopes
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Benish, Baldwin and Anderson
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: Critical slopes are slopes of 25 percent or greater. The parcel that is the subject of this application is located within the County’s Rural Area and is outside of the Steep Slopes Overlay District (County Code § 18-30.7). Thus, the slopes on this parcel are regulated as critical slopes under County Code
§ 18-4.2. County Code § 18-4.2.3 prohibits a structure, improvement, or other land disturbing activity to establish a structure or improvement from being located on critical slopes unless a special exception is approved by the Board.
The Thomas Jefferson Foundation is requesting a special exception to allow the disturbance of critical slopes to allow for water and waste water improvements. The upgrades will include new underground storage tanks, two new pump stations, and a low pressure wastewater system. As part of these upgrades, the application plan depicts four separate areas of disturbance to critical slopes, which are described in the Applicant’s Waiver Request (Attachment A) and depicted on the attached Plans (Attachment B). A portion of disturbance that will go under Route 64 will connect a force main to a public utility and is exempt under County Code § 18-4-2.6(c).
STRATEGIC PLAN: Goal 6. Natural Resources: Thoughtfully protect and manage Albemarle County’s ecosystems and natural resources in both the rural and development areas to safeguard the quality of life of current and future generations.
DISCUSSION: County Code § 18-4.2.5 authorizes the Board to approve a special exception to waive the requirements of County Code § 18-4.2.3 to permit the disturbance of critical slopes. The applicant has submitted a justification for the special exception, and because the subject property is in the Rural Areas, this request has been reviewed for both the Planning and Engineering considerations pursuant to County Code §§ 18-4.2.5(a)(2) and (3). See Attachments C & D for Planning and Engineering staff’s analysis of the relevant factors for the critical slopes waiver request. Based upon this analysis, staff opinion is that this request favorably satisfies all of the factors in County Code §18-4.2.5 with a condition limiting the disturbed area to that shown on Attachment B.
BUDGET IMPACT: No budget impact will result from approving this special exception.
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the attached Resolution (Attachment E) to approve the special exception to disturb critical slopes subject to the condition attached thereto.
ATTACHMENTS:
A - Critical Slopes Waiver Request dated July 6, 2015
B-Thomas Jefferson Foundation Water and Wastewater Improvements Plan dated July 6, 2015
C-Critical Slopes Waiver Analysis
D-Colored Plan Depicting Areas of Disturbance
E - Resolution