Title
Resolution Approving a Type 4 Modification for Brookhaven Toddler Day School Located at 3235 Horsepen Creek Road
Body
Department: Water Resources
Council District: 3
Public Hearing: N/A
Advertising Date/By: N/A
Contact 1 and Phone: Steven Drew, 373-7893
Contact 2 and Phone: Virginia Spillman, 373-3260
PURPOSE:
The regulations for Tier 4 within the Watershed Critical Area limits the amount of built upon area in a project to be 40% of the site area. The developer of 3235 Horsepen Creek Road (Brookhaven Toddler Day School) has requested to be allowed to install more built upon area than is permitted.
BACKGROUND:
Request: This request is for a Type 4 Modification to Section 30-12-3.11 (C), Measurement in High Density Option, and Table 12-7 of the Land Development Ordinance to allow the amount of built upon area installed in this project to exceed that allowed. The watershed plan for this site depicts a proposed built upon area of 48.36% or 0.606 Acres. Using the percentage limits established in the LDO, 40% or 0.501 acres of this project could be built upon area.
Issues: City Council is to consider the three possible grounds for a modification, as listed below, in granting the applicant's request which are as follows: Grounds #1 is "Equal or Better Performance" which is a finding that the alternate standards portrayed on the plan will perform equal to or better than the regulations in furtherance of the purposes of the Ordinance; Grounds #2 is "Physical Constraints" which is a finding that the size, topography, or existing development of the property or of the adjoining areas prevents conformance with the Ordinance; and Grounds #3 is "Other Constraints" which is a finding that a federal, state, or local law or regulation prevents conformance with the Ordinance.
TRC Action: As part of the watershed plan approval, the applicant has applied for the Type 4 Modification. The application submitted states that the proposed development will be treatin...
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