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Home My WebLink AboutSUB200500288 Executive Summary 2005-11-22COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SUB 2005 -288 Rio East Final Plat, Open Space Appropriateness Determination SUBJECT /PROPOSAL /REQUEST: Request to approve Open Space in accordance with Section 4.7.2 of the Zoning Ordinance STAFF CONTACT(S): Francis H. MacCall AGENDA DATE: November 22, 2005 CONSENT AGENDA: Yes ACTION: Yes ATTACHMENTS: Yes BY: AGM, WDF PROPERTY OWNER & APPLICANT: Rio East Land Trust; Trustees - Charles Rotgin, Jr. and Donald J. Wagner BACKGROUND: Request for final plat approval to create 3 lots on 4.015 acres, with one of the lots being designated as open space. The property, described as Tax Map 61, Parcel 124A, is zoned PDMC, Planned Development Mixed Commercial and is located in the Rio Magisterial District on Rio East Court approximately 0.1 miles from its intersection with East Rio Road. The Comprehensive Plan designates this property as Office Service in Neighborhood 2 (Attachment A). Section 4.7.1 of the Zoning Ordinance states that the Commission shall consider the appropriateness of open space 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 may be approved administratively (Attachment B). DISCUSSION: Section 4.7 of the Zoning Ordinance 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 of agricultural activity? (1) No. This area is not intended for active or passive recreation. (2) Yes. There is protection of critical slopes within this area and a stream that meanders onto the property from the adjacent open space. These slopes will be protected through a maintenance agreement with the owners association. (3) Yes. This area will increase the buffer between the commercial uses of the Rio East Office Park and the Raintree residential subdivision. (4) No. The property is currently vacant and not used for 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) Yes. The location is appropriate in that it provides protection of critical slopes and conservation of existing trees. (2) Yes. The proposal includes 2.36 acres of open space, which represents 21% of the entire Rio East Office Park Development. (3) Yes. The shape is not compact, but is such that it attempts to preserve critical slopes. (4) Yes. The site contains some large areas of critical slopes as well as flat areas near the stormwater facility and stream. 1 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, foresLry and fisheries including � ppropriate 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. An existing stormwater management facility and public sewer lines are 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 twent -five (25) percent or greater; (33,) maior public utility easements; (4) stormwater detention and flood control devices; (5,) 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 adioiningproperties. (1) There is no flood plain on these parcels. (2) Most of the critical slopes are already shown in open space. (3) Sanitary sewer utility easements currently exist in the open space. (4) One (1) stormwater detention facility is already shown in the 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 provides a reasonable buffer between the Rio East Office Park and adjoining residential properties of the Raintree subdivision. 4.7.3.3 In such case where open space is required by provisions of this ordinance, not more than eighty (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 subiect 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 of Albemarle 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 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 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 of 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 owner'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 -317 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 may be approved administratively. 2 CONDITION OF APPROVAL: 1. [ 14 -317, 18 -4.7] Submittal of covenants or other such instrument which evidences the establishment of an owner'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. Attachments: A. Detail /Location Map B. Subdivision Plat /Site Plan 3