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Home My WebLink AboutSDP200500059 Staff Report 2005-10-25COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SDP 05 -059 Town & Country Commercial, Phase 1, Preliminary Site Plan - Critical slopes waiver request SUBJECT /PROPOSAL/REQUEST: Request for a critical slopes waiver that will allow the creation of a 6,570 g.s.f. restaurant and associated parking on a 0.71 acre portion of Tax Map 78 - Parcel 9 (Lot B on Sheet 1 of Attachment A). The subject properties contain approximately 0.71 acres zoned HC, Highway Commercial and EC, Entrance Corridor. This site lies within the Rivanna Magisterial District, on the north side of Richmond Road [U.S. Route #250], approximately 1,600 ft east of its intersection with Stony Point Road [State Route #20]. The Comprehensive Plan designates this property as Regional Service in Neighborhood 3. STAFF CONTACT(S): Yadira Amarante AGENDA DATE: October 25, 2005 ITEM NUMBER: CONSENT AGENDA: Yes ACTION: Yes INFORMATION: ATTACHMENTS: Yes REVIEWED BY: WDF, AGM APPLICANT: The applicant is listed as Albemarle Hotel LLC on the application. PROPERTY OWNER/CONTRACT PURCHASER: The owner is listed as Albemarle Hotel LLC on the application and county tax assessment records. BACKGROUND: This parcel presently contains the Town and Country Motel, a 1950's era motor lodge. All existing buildings will be razed as shown on Sheet 2 of the site plan, Attachment A. DISCUSSION: A modification to allow critical slopes disturbance is necessary before this proposal can be approved by the Site Review Committee. The request for a modification has been reviewed for both the Engineering and Planning aspects of the critical slopes regulations. Critical slopes disturbances that are exempt from the requirements of Section 4.2 include the installation of stormwater and sanitary sewer utilities and construction of accessways provided that no reasonable alternative location or alignment exists. Staff has reviewed this waiver request with consideration for the five (5) concerns that are set forth in Section 4.2 of the Zoning Ordinance, entitled "Critical Slopes." Staff has reviewed this request as required by Sections 4.2 and 4.2.5 of the ordinance. This review is divided into two parts, a review for the engineering impacts and a review of impact on aesthetic resources. Review of the request by Current Development En0neerin2 staff: Critical slopes are proposed to be disturbed both within Lot B (the restaurant site) and the residue of TMP 78 -9; however, all of the slopes proposed to be disturbed on the residue are exempt from the regulations because they are being disturbed for access, stormwater management and utilities. Existing critical slopes on Lot B make up approximately 2,900 s.f of the site's 30,869 (0.71 acres), or 9% of the site area. All (100 %) of these existing critical slopes are non - exempt and are proposed to be disturbed for construction of the building, sidewalks, and parking lot. The critical slope area, within TMP 78 -09, appears to be both man -made and natural slopes. The County has no previous record of an approved site plan for this area. The proposed disturbance is for grading the proposed public roads, travelways, structure and parking lot. Description of Areas Area (SF) Total Critical Critical slopes % of Critical slopes (SF) disturbed SF slopes disturbed Total Site TMP 78 -09 678360 (15.573 211,988 (4.87 ac.) Approx. 7,900 Approx. 3.7 acres Proposed Lot B 30,869 (0.71 ac. ) 2,900 2,900 100% Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed: 1. "movement of soil and rock ": The applicant will need to provide an erosion and sediment control plan for controlling the movement of soil and rock involved with the construction proposed in the critical slopes. 2. "excessive stormwater run- off ": The applicant has provided information concerning how the stormwater runoff will be controlled by the drainage and stormwater management plan proposed for this subdivision. 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 site is visible from several areas, most notably, the entrance corridor; U.S. Route 250 and portions of the Fontana and Avemore Subdivisions. Currently, the Town and Country Hotel and associated structures exist on Lot B of TMP 78 -09. 5. "septic effluent ": No septic systems or drainfields are proposed in this project. This project will be served by the public sanitary sewer system. This site does not drain into a waterway that is a public drinking water supply for Albemarle County. The northwest corner of TMP 78 -09 is shown within the 100 -year flood plain area according to FEMA Map 51003CO287D, dated 04 February 2005. Based on the review above, there are no engineering concerns which prohibit the disturbance of the critical slopes as shown on the preliminary site plan, rev. date 29 September 2005. Review of the request by Current Development Planning and Zoning staff: The Planning analysis of this request addresses the concern for the possible loss of aesthetic resources. The entire site is currently developed with buildings and parking for the motel operation, (see Sheet 2 of Attachment A). Although there are pockets of wooded areas and critical slopes throughout the motel site, it is envisioned that most of these wooded areas will be lost through redevelopment of the site. As evidenced on Sheet 1 of the site plan, this application for a restaurant is the first in a series of expected proposals along the frontage of the proposed "Luxor" road which will eventually connect to the roads approved with the Eckerd project to the east. It is important to note that this site plan only covers the first 250' feet of this road project, just to the entrance of the restaurant site. The rest of the road network shown on Sheet 1 is not to be built as part of this proposal and approval of this site plan is not approval of the road shown on Sheet 1. Staff finds that none of the critical slopes proposed for disturbance are delineated on the Open Space Plan Composite Map for Neighborhood 3, nor are they located within any Major or Locally Important Stream Valleys or Mountains, 2 all of which are designated as the important resources that are often associated with critical slopes. Instead, it appears that most if not all of the critical slopes proposed to be disturbed within the 0.71 acre site were created during construction of the accessways for the motel. Therefore, staff has identified no significant concerns for the possible loss of aesthetic resources. 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 4.2.5a. Staff has included the provisions of Section 4.2.5b here, along with staff comment on the various provisions (Staff comments are in italics.) The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that: (Amended 11- 15 -89) 1. 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, or that alternatives proposed by the developer would satisfy the purposes of section 4.2 to at least an equivalent degree; or (Added 11- 15 -89) A relatively small area of critical slopes is proposed for disturbance on this site and there are no important resources that have been recognized in those locations. Therefore, staff finds that a strict application of the requirements set forth in Section 4.2 would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare. 2. Due to its unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interest of the developer, the requirements of section 4.2 would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the site or adjacent proper ties. Such modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or be contrary to sound engineering practices; or (Added 11- 15 -89) Approval of this request would accommodate the by -right redevelopment/ infill of property within the development areas of the Comprehensive Plan with minimal impacts. 3. Granting such modification or waiver would serve a public purpose of greater import than would be served by strict application of section 4.2. (Added 11- 15 -89) Staff has identified no evidence that the act of granting the proposed waiver would serve any greater public purpose than would be served by a strict application of Section 4.2. Generally staff finds that this request is consistent with the criteria of Section 4.2.5a for granting a waiver and is therefore able to recommend approval to the Commission of a waiver of Section 4.2.3. Attachments: A - Site Plan Reduction B - Tax and Location Maps C - Applicant's Request and Justification