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Home My WebLink AboutSUB200400037 Executive SummaryCOUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SUB 04 -037 Montgomery Ridge Open Space Appropriateness Determination (Amended) SUBJECT /PROPOSAL /REQUEST: Request to disturb Open Space in an R -1 clustered subdivision in accordance with Section 4.7.2 of the Zoning Ordinance. STAFF CONTACT(S): Yadira Amarante AGENDA DATE: May 11, 2004 ITEM NUMBER: ACTION: INFORMATION: CONSENT AGENDA: Yes ACTION: Yes INFORMATION: ATTACHMENTS: Yes REVIEWED BY: VWC BACKGROUND: Subject parcels, Tax Map 46, Parcels 23A, 23B and 25, contain approximately 8.465, 11.87 and 40.50 acres respectively (60.835 acres total), and are located in the Rivanna Magisterial District on Polo Grounds Road [Route # 643] approximately 0.75 miles east of its intersection with Route 29.The property is zoned R -1, Residential and the Comprehensive Plan designates it as Neighborhood Density in the Hollymead Community, (Attachment A). The applicant is proposing to create 53 new lots using the optional cluster provision as stated in Section 13.3 of the Zoning Ordinance, (Attachment B). Section 2.2.3 of the Zoning Ordinance states that a minimum of twenty -five (25) percent of open space is required for such developments. Section 4.7.1 states that the Commission shall consider the appropriateness of such areas for the intended usage in terms of such factors as location size, shape and topographic characteristics. With a positive finding of the appropriateness of the open space layout the final subdivision plat may be approved administratively. DISCUSSION: On February 11, 2003, during review of the preliminary plat, the Planning Commission approved the Open Space design for this project. Since then, the final plat has been submitted showing changes to the Open Space due to the relocation of the main entrance road. These changes were made possible due to the applicant's acquisition of Tax Map 46, Parcel 23A which allows for an entrance with better sight distance As a result of these changes 0.868 of an acre of Open Space has been gained and no significant changes to the quality of the Open Space or access thereto have been noted by staff. Section 4.7 of the Zoning Ordinance below requires that appropriateness of Open Space be assessed as follows: Section 4.7.1: Does the proposed Open Space meet comprehensive plan objectives by providing: (1) active /passive recreation; (2) protection of areas sensitive to development; (3) buffering between dissimilar uses; and (4) preservation ofaZricultural activity? (1) The applicant has stated that nature trails will be provided for residents throughout the areas allocated for open space. These trails will be accessed by entry ways along and throughout the proposed public roads, (see Attachment B to locate the points of access). (2) All of the critical slopes on this site are identified in the Open Space Plan component of the Comprehensive Plan and recommended for protection. Most of these slopes, except those being disturbed for access and those 7 lots which have received critical slopes waivers, (see Attachment C), will remain undisturbed within the open space areas delineated on the plat. The slopes within Open Space will be protected by a maintenance agreement, subject to County approval, with the homeowners association. Critical slopes located outside of the Open will be protected by the critical slopes and tree conservation easements which were required as a condition of approval of the critical slopes waivers for the 7 lots mentioned above, (see Attachment C). These easements will also be protected by a maintenance agreement, subject to County approval, with the homeowners association. (3) The southern boundary of this property is Polo Grounds Road (SR 643). This boundary line is also a boundary 1 for the Hollymead Community Development Area. Properties to the south of this boundary are zoned RA - Rural Areas and are not within a development area of the Comprehensive Plan. Approximately 11 acres of open space are shown on the plat along this boundary and will serve as a visual and geographic buffer between the Development and Rural Areas. (4) The property is currently vacant and not used for agricultural purposes although it is currently being logged in anticipation of the approval of this development. Section 4.7.1: Is the proposed Open Space appropriate in terms of�(1) location, (2 size, (3) shape and �) topographic characteristics. (1) The location of the Open Space is appropriate in that it provides protection of critical slopes and conservation of existing trees all of which are shown in the Open Space Plan component of the Comprehensive Plan. (2) The proposal includes 17.936 acres in Open Space, 29.5% of the total 60.835 acre site, well above the 25% requirement. (3) The shape of the Open Space is neither compact nor neat but was designed to preserve existing critical slopes and trees where they are and spread out in a logical and accessible manner throughout the site. (4) There is an appropriate balance between critical and gentler slopes throughout the proposed open space. Section 4.7.2: Will the Open Space be developed with any man -made features? Where deemed appropriate by the commission, open space may be used for one or more of the following uses: Agriculture, forestry and fisheries including appropriate structures; Game preserves, wildlife sanctuaries and the like; Noncommercial recreational structures and uses; Public utilities; Wells and septic systems for emergency use only (reference 4.1.7); Stormwater detention and flood control devices. Yes. There will be two stormwater management facilities and public water and sewer lines located in the Open Space. 4.7.3.1: In addition to provisions ofsection 4.7.1 and section 4.7.2 the commission may require inclusion in such open space of areas deemed inappropriate for or prohibited to development such as but not limited to: (1) land in the one hundred year flood plain and significant drainage swales; (2) land in slopes of twenty- -five (25) percent or greater; (3 major public utility easements; (4) stormwater detention and flood control devices; () lands having permanent or seasonally high water tables; (6 ) areas to satisfy provisions ofsection 4.16 Recreation Regulations; (7) areas to provide reasonable buffering between dissimilar uses within such development and between such development and adjoining properties. (1) There is no flood plain on this site. There is a significant drainage swale along the western boundary of the property which is already shown in Open Space. (2) Most of the critical slopes are already shown in Open Space. (3) No major public utility easements are proposed only those extended to the site for the proposed development. (4) Two (2) stormwater detention ponds are already shown in Open Space. (5) None of the soils located on this property are shown to support permanent or seasonally high water tables as defined in Table 16 Soil and Water Features of the United States Department of Agriculture Soil Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985. (6) Recreational areas are not required. (7) The Open Space does provide a reasonable buffer between the Development Areas and the Rural Areas and between adjoining properties. 4.7.3.3 In such case where open space is required by provisions of this ordinance not more than ei hg_ty (80) percent ofsuch minimum required open space shall consist of the following: a. Land located within the one hundred year flood plain; and b. Land subject to occasional, common or frequent flooding as defined in Table 16 Soil and Water Features of the United States Department of Agriculture Soil Conservation Service, Soil Survey ofAlbemarle County, Virginia, August, 1985; and c. Land in slopes of twentE-five (25) percent or greater; and d. Land devoted to stormwater or flood control devices except where such feature is incorporated into a permanent pond, lake or other water feature deemed by the commission to constitute a desirable open space amenity 2 Not applicable. 4.7.4: Open space in private ownership shall be protected by legal arrangements sufficient to ensure its maintenance and preservation for purposes for which it is intended. Such arrangements shall be subiect to commission approval as a part of the site development plan and /or subdivision plat approval process. Open space may be dedicated to public use subiect to approval and acceptance by separate resolution of the board o� supervisors. Open space so dedicated shall be counted as a part of the minimum required open space. The Open Space shown on the plat shall be owned by the homeowner's association which will be established by covenant during the Final Subdivision review process. Such document shall be subject to County Attorney review and approval and shall be in accordance with Section 14 -313 of the Subdivision Ordinance — "Instrument Evidencing Maintenance of Certain Improvements. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions of the Zoning Ordinance and recommends that the Commission find that the Open Space is appropriate for the proposed development. With a positive finding of the appropriateness of the Open Space the final subdivision plat may be approved administratively. CONDITIONS OF APPROVAL: 1. [ 13.4.1 ] A conservation plan as specified in section 32.7.9 must be approved by the Planning Department and a copy of the original conservation plan and all subsequent revisions must be submitted to the Zoning Department. 2. [ 14 -313, 18 -4.7] Submittal of covenants or other such instrument which evidences the establishment of a homeowner's association and provides for ownership and maintenance of proposed Open Space. Such document shall be subject to County Attorney review and approval and shall be in accordance with Section 14 -313 of the Subdivision Ordinance - Instrument Evidencing Maintenance of Certain Improvements. Attachments: A - Vicinity Map B - Layout of proposed subdivision C - Staff report presented to the Planning Commission on 2/11/03 3