HomeMy WebLinkAboutSUB200500259 Staff Report 2005-10-18STAFF PERSON:
PLANNING COMMISSION:
FRANCIS H MACCALL
OCTOBER 18, 2005
SUB- 2005 -0259 OLD TRAIL CREEKSIDE II PRELIMINARY PLAT
Applicant: Beights Development Corporation
Property Owner(s): Tax Map 55 Parcel 78 - Jackie Shifflett
Tax Map 55 Parcels 74, 74A, 74B, 74C, & 75 - Old Trail Creekside LLC
Applicant's Proposal: Request for preliminary plat approval to create 96 lots with internal
public streets on 76.54 acres, using applicable clustering and bonus provisions. The properties are
zoned R -1, Residential and described as Tax Map 55 Parcels 74, 74A, 7413, 74C, 75 & 78 (part
of) located in the White Hall Magisterial District on Jarmans Gap Road [Route # 691]
approximately 1.0 miles from the intersection of Jarmans Gap Road and Crozet Avenue [Route
2401. The Crozet Master Plan of the Comprehensive Plan designates these properties as District
CT3 Urban Edge, CT4 Urban General, and CT5 Urban Center (Attachment A).
Reason for Planning Commission Review: This is a by -right subdivision with access on a
public street. This type of request is usually reviewed and approved administratively. A group of
adjacent property owners have requested review of the plat by the Planning Commission
(Attachment E).
Project Description: The subdivision of 96 single family detached lots is proposed with new
internal public streets using clustering and bonus provisions for a 30% density increase as
outlined in the Zoning Ordinance and will be accessed off existing and future public streets,
Jarman's Gap Road and Old Trail Drive respectively (Attachment 13).
Planning and Zoning History: In 2004, what is shown on the plat as Phase 1 was submitted as
a preliminary plat and approved by staff for 37 lots with the open space approved by the Planning
Commission.
DISCUSSION:
With a waiver of the critical slopes requirement and approval of the appropriateness of the open
space by the Planning Commission the preliminary plat that has been reviewed by the Site
Review Committee and found to be in compliance with Chapter 14, the Subdivision Ordinance
and Chapter 18, the Zoning Ordinance can be approved. Internal public streets are proposed and
supported by the Current Development engineer and VDOT with some modifications.
Open Space
The development is being proposed to be clustered thus they must provide at least 25% of the site
to be open space and 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 provi&g_
(1) active /passive recreation; L) protection of areas sensitive to development; L3,) buffering
between dissimilar uses; and (4) preservation of agricultural activity?
(1) Most of the proposed open space, approximately 2 1. 10 acres, is in the form of "natural"
areas for active (hiking, walking, and biking trails) recreation. All of the open space is
well connected and provides multiple points of access for pedestrians. (Attachment C)
(2) The applicant's open space plan identifies critical slopes as being part of the proposed
open space.
(3) There are no dissimilar uses adjacent to this development to buffer.
(4) This proposal does not preserve agricultural activity. This will be an urban open space
system.
Section 4.7.1: Is the proposed open space appropriate in terms of (1) location, (2 ) size, (3) shape
and (4) topographic characteristics.
(1) The location of the open space is appropriate in that it provides protection of critical
slopes, conservation of existing trees, and soils.
(2) The proposal includes approximately 2 1. 10 acres in open space, which amounts to
27.57% of the total site.
(3) The shape of the open space does not appear to pose any detriment to the development.
Open spaces are well connected to each other and have multiple points of access.
(4) There is an adequate balance between critical and gentler slopes throughout the proposed
open space. The slopes in the more "natural" areas will be tempered and made accessible
by the construction of a trail system.
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 public sewer lines located in the open space and some stormwater and other
bioretention areas. A trail system is also proposed within the open space.
Section 4.7.33: 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 twentytfave (25) percent or greater; O major
public utility easements; (4) stormwater detention and flood control devices; () lands having
permanent or seasonallyhhigh water tables; (6) areas to satis &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 flood plain in the open space.
(2) Most of the critical slopes are already shown in open space.
(3) A sewer line is proposed through portions of the open space.
(4) A potential stormwater detention facility for the Jarman's Gap Road improvement project
is shown in open space.
(5) The soils located in the open space are shown to support 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) Some of the open space does provide a reasonable buffer from adjacent subdivisions and
will connect to the open space on the south side of Lickinghole Creek.
4.7.3.3 In such case where open space is required by provisions of this ordinance not more than
eighty (80) percent of such minimum required open space shall consist of the following: a. Land
located within the one hundred year flood plain; and b. Land subiect to occasional, common or
requent flooding as def ned in Table 16 Soil and Water Features of the United States Department
ofAgriculture Soil Conservation Service, Soil Survey ofAlbemarle County, Virginia, August,
1985; and c. Land in slopes of twenty-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
ameni .
This criterion is being met.
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 subject 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 subject to
approval and acceptance by separate resolution of the board ofsupervisors. Open space so
dedicated shall be counted as a part of the minimum required open space.
The entire 21.04 acres of open space shown on the plat is proposed to be dedicated to public use,
thus maintained by the County and not a homeowners association. Acceptance of this land by the
Board of Supervisors would permit a density increase of 15% on top of an additional 15% already
provided, for a total of 30% which would bring the density to 1.26 dwelling units per acre
(Attachment B). The additional 15 % is as follows: a 10% density increase by utilizing internal
roads and a 5% increase for the providing street trees. These increases in density are not
discretionary. The applicant is showing the maximum number of lots that could be obtained if
the full 30% density increase is approved by the Board of Supervisors. The applicant has made
the case that the open space will provide for greenway trail establishment. The majority of the
area is identified in the Crozet Master Plan as being part of the Green Infrastructure throughout
Crozet. The area to be dedicated has been looked at by the County Parks and Recreation staff.
They have evaluated this area and have verbally recommended that the County accept the
property for dedication to public use. The applicant has made the request and staff will be
presenting this to the Board of Supervisors subject to the approval of the open space layout by the
Planning Commission. The final plat cannot be approved showing the density increase until the
Board accepts this property. Should the Board not accept the dedication of land the applicant will
need to combine lots so that the allowable density is not exceeded.
Staff recommends that the Commission find the proposed open space appropriate for the
proposed development.
Critical Slopes Waiver
The applicant has shown activity on critical slopes, specifically for road establishment and within
the building sites of Lot 4 of Phase II and Lot 1 of Phase III of the proposed development. The
Current Development engineer notes that there are also slopes, not shown by the applicant, within
the building sites on Lot 5 of Phase II, and lot 7 of Phase I. The construction of the accessways
and the installation of stormwater and sanitary sewer utilities are exempt from the requirements of
Section 4.2. Before this proposal may be approved, a waiver to allow critical slopes disturbance
on the lots mentioned above is necessary. 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 impact on
aesthetic resources and a review of the engineering impacts.
Review of the request by Current Development Planning Staff
The Planning analysis of this request addresses the concern for the possible loss of aesthetic
resources. This is a partially wooded site that slopes downward from Jarman's Gap Road [State
Route 691 ] toward Lickinghole Creek, and staff has found that some of the critical slopes
proposed for disturbance are delineated on the Open Space Plan Composite Map for Crozet. The
slopes on Lot 4 of Phase II are located within a Major or Locally Important Stream Valley, which
is designated as an important resource that is often associated with critical slopes. After detailed
analysis of the site planning staff does not believe that the slopes on lot 4 to be significantly part
of the larger more contiguous area of critical slopes along Lickinghole Creek, as they are isolated
from the larger valley. The slopes on Lot 1 are not within the Major or Locally Important Stream
Valley. The wooded slopes that run from the developed part of the site and south toward
Lickinghole Creek are proposed to be incorporated into open space dedicated to public use.
Therefore, staff has identified no significant concerns for the possible loss of aesthetic resources.
Review of the request by Current Development Engineering Staff
Critical slopes make up 1.6 acres of the site's 76.54 acres, or 2% of the site area. Approximately
0.6 acres or 37% of those slopes are proposed to be disturbed.
The majority of these slopes are part of the stream valley system of Lickinghole Creek, and
tributary streams. The applicant is proposing a relatively dense single family residential
development. Critical slopes are proposed to be disturbed by grading for roads and houses.
Significant areas of critical slopes are shown along Wellbourne Lane and lots 2, 3, 4, and 5 of
Phase II, lot 7 of Phase I, and lot 1 of Phase III.
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
Alternative alignments with alternative lot layouts are possible.
Compliance with Zoning Ordinance 18 -4.2:
"movement of soil and rock"
Proper slope construction, control of drainage, and vegetative stabilization will prevent
any movement of soil.
"excessive stormwater runoff'
Stormwater runoff will not change significantly in this area, and runoff will be controlled
by the drainage plan proposed.
"siltation"
Inspection and bonding by the County will ensure siltation control during construction.
Proper stabilization and maintenance will ensure long term stability. However, it is
recognized that existing technology is only partially effective. Keeping off of the critical
slopes along Lickinghole Creek would be better protection for the water supply and the
WO Buffer. (It is likely WPO buffer disturbances will occur with homebuilding
activities or yard improvements by future residents on proposed lots 1 -4 of Phase II.)
"loss of aesthetic resource"
This area may be visible from a future trail system along Lickinghole Creek.
"septic effluent"
This is not a concern as the site will be serviced by public sewer.
Based on the review above, it is recommended that the critical slopes disturbances be allowed for
lot 5 of Phase II and lot 7 of Phase I, and lot 1 of Phase III. The areas of critical slopes on lots 2-
4 of Phase II are part of the Lickinghole Creek stream system and would be better left
undisturbed. (Regardless of the building area rectangles shown on the plans, it is expected that
grading for home sites on these lots will disturb both critical slopes and stream buffers.)
Summary of review of waiver 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:
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
A relatively small area of critical slopes is proposed for disturbance on this site and that
area of slopes shown to be protected in the open space plan is not significant enough for
protection. 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
Approval of this request would accommodate the by -right maximization of an infill
property within the development areas of the Comprehensive Plan with minimal impacts,
while the most important slopes on the property would remain undisturbed. Without the
proposed waiver, the proposed lots with building sites containing critical slopes would
either have to be held in open space or combined with other lots that have building sites,
creating parcels that would be nearly double that of the average lot sizes in the
development and reduce the number of lots.
Granting such modification or waiver would serve a public purpose of greater import
than would be served by strict application of section 4.2.
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 Current Development planning staff finds that this request is consistent with the criteria
of Section 4.2.5a for granting a waiver and staff is able to recommend approval to the
Commission of a waiver of Section 4.2.3. Current Development engineering staff has expressed
concerns regarding the amount of grading both within and out of the building sites on Lots 2, 3, &
4 of Phase II. These concerns of must be weighed by the Commission during their analysis.
If the Commission makes the necessary positive findings required by Section 4.2.5b staff also
recommends approval of the plat subject to the following conditions:
CONDITIONS OF APPROVAL:
1. Prior to final plat approval, the Board of Supervisors must approve the dedication of open
space to public use and approve the density increase.
2. If there is any portion of the open space that is not accepted by the Board of Supervisors then
the remaining portion(s) will have to be maintained by a homeowners association. 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 -317 of the Subdivision Ordinance - Instrument evidencing maintenance of
certain improvements.
3. Zoning and Current Development approval of the final plat that meets all applicable
ordinances.
4. VDOT approval of final road plans and drainage computations.
5. Albemarle County Service Authority approval of final water and sewer plans.
Attachments:
A - Detail/Location Map
B - Subdivision Plat
C - Layout of proposed Open Space
D - Applicant's critical slopes waiver request
E - Adjacent owners request for review by Planning Commission