HomeMy WebLinkAboutSUB200500289 Executive Summary 2005-11-22COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SUB- 2005 -289 Montgomery Ridge Phase 3
Preliminary Plat, Open Space Appropriateness Determination,
and Critical Slopes Waiver
SUBJECT /PROPOSAL /REQUEST:
Requests to approve Open Space in accordance with Section
4.7.2 of the Zoning Ordinance and to disturb Critical Slopes in
accordance with Section 4.2.3.2 of the Zoning Ordinance.
STAFF CONTACT (Sl: Francis H. MacCall & Glenn Brooks
PROPERTY OWNER & APPLICANT: VIRGINIA LAND LLC
AGENDA DATE: November 22, 2005
CONSENT AGENDA: Yes
ACTION: Yes
ATTACHMENTS: Yes
REVIEWED BY: AGM, WDF
BACKGROUND: Request for preliminary plat approval to create 8 lots using clustering and bonus provisions on the
8.46 acre portion of the residue of Phases 1 & 2 of the Montgomery Ridge subdivision. The property, described as Tax
Map 46D, Parcel A, is zoned R -1, Residential and is located in the Rivanna Magisterial District on Polo Grounds Road
[Route # 643] approximately 0.75 miles east of its intersection with Route 29N. The Comprehensive Plan designates
this property as Neighborhood Density in the Hollymead Community (Attachment A).
Section 2.2.3 of the Zoning Ordinance states that a minimum of twenty -five (25) percent of open space is required for
clustered developments. Section 4.7.1 states that the Commission shall consider the appropriateness of such areas in
terms of such factors as location, size, shape, and topographic characteristics. The applicant is also requesting a waiver
of Section 4.2.3.2, which prohibits disturbance of critical slopes, for lots 59, 60, & 61. With a positive finding of the
appropriateness of the open space layout and approval of the critical slopes waiver, the preliminary subdivision may be
approved administratively (Attachment B).
DISCUSSION: Staff will present the discussion in two parts (1) Open Space and (2) Critical Slopes Waiver.
1. Open Space
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; L) buffering between dissimilar uses; and (4)
preservation of agricultural activity?
(1) Yes. This open space will be an addition to adjacent open space approved with Phases 1 & 2 and will continue
the nature trails that will be provided for residents throughout the area. These trails will be accessible by
several points along the public roads.
(2) Yes. There is protection of critical slopes within this area. These slopes will remain undisturbed within the
open space areas delineated on the plat. These slopes will be protected through a maintenance agreement with
the homeowners association and further protected through the requirement of a tree conservation plan. Some of
these slopes, however, are located on individual lots. Many of these particular slopes will be protected through
critical slope and tree conservation easements to be held by the homeowners association.
(3) Yes. The southern boundary of this property is Polo Grounds Road (SR 643). This boundary line is also a
boundary for the Hollymead Community Development Area. Properties to the south of this boundary are zoned
RA - Rural Areas. Approximately 4 acres of open space are shown on the plat along this boundary and serves
as a visual and geographic buffer between the Development and Rural Areas.
(4) No. The property is currently vacant and not used for agricultural activity.
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Section 4.7.1: Is the proposed open space appropriate in terms of (I) location, Q size, (3,) shape and (4)
topographic characteristics.
(1) Yes. The location provides protection of critical slopes and conservation of existing trees.
(2) Yes. The proposal includes approximately 4 acres in open space, which represents 48% of the total site, well
above the 25% requirement for clustering.
(3) Yes. The shape is not compact or neat, but is such that it attempts to preserve some critical slopes and provide
a buffer between the Development and Rural Areas.
(4) Yes. There is a good 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. 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 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 a small portion of flood plain on this parcel.
(2) Some of the critical slopes are shown in open space.
(3) Sanitary sewer utility easements currently exist in the open space to serve phases 1 & 2, and will serve phase 3.
(4) One (1) stormwater detention pond proposed with phases 1 & 2 is 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 provides a reasonable buffer between the Development and 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 iy (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 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 of Albemarle
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 amenity.
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 of
supervisors. Open space so dedicated shall be counted as a part of the minimum required open space.
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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 -317 of the Subdivision Ordinance - Instrument evidencing maintenance of
certain improvements.
2. Critical Slopes Waiver
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 Engineering staff:
The critical slope area, within TMP 46D -A, appears to be natural wooded slopes. Some of these critical slopes will be
disturbed by erosion control measures, channels, and stormwater management.
Description of Areas
Area SF (Acreage)
Total Critical slopes
Critical slopes
% of Critical
SF (Acreage)
disturbed SF
slopes disturbed
(Acreage)
Total Site TMP 46D -A
368,517 (8.46 ac)
59,242 (1.36 ac)
6534 (0.15 ac)
11%
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
1. "movement of soil and rock ": Proper slope construction in the yards, control of drainage from houses
and the road, and vegetative stabilization will prevent any movement of soil.
2. "excessive stormwater run - off ": Runoff will be controlled by the drainage plan proposed; roadside
ditches. The house and yard construction are not detailed.
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.
Traps and channels in these locations, as well as home building activities will be critical.
4. "loss of aesthetic resource ": See Review of the request by Current Development Planning and Zoning
staff.
5. "septic effluent ": This is not a concern as the site is serviced by public sewer.
Based on the review above, there do not appear to be engineering concerns which prohibit the disturbance of the critical
slopes as shown on the preliminary plat, rev. date 13 October 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 wooded.
Staff finds that none of the critical slopes proposed for disturbance are delineated on the Open Space Plan Composite
Map for the Community of Hollymead, nor are they located within any Major or Locally Important Stream Valleys or
Mountains, all of which are designated as the important resources that are often associated with critical slopes.
Therefore, staff has identified no significant concerns for the possible loss of aesthetic resources.
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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.
The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that:
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
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
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 ofgreater import than would be
served by strict application of section 4.2
Staff believes that area of disturbance is minor and approval of the waiver will allow for building sites which
are more desirable. This subdivision is in the Development Areas and approval of minor waivers that facilitate
desirable building sites is supportive of the Comprehensive Plan goal to direct development into the
Development Areas and away from the Rural Areas.
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.
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.
Staff also recommends approval of a waiver of Section 4.2.3.2 of the Zoning Ordinance, to allow the disturbance of
critical slopes. With a positive finding of the appropriateness of the open space and approval of the critical slopes
waiver request, the preliminary subdivision 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 Zoning & Current
Development Division of the Department of Community Development. A copy of the original conservation plan
and all subsequent revisions shall be submitted to the Zoning & Current Development Division.
2. [ 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
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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
C. Applicant's request letters