HomeMy WebLinkAboutSDP200500117 Executive Summary 2006-03-16COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SDP 2005 -117 Luxor at Pantops
Townhouses Preliminary Plat Open Space
Appropriateness Determination and Critical Slopes
Waiver
SUBJECT /PROPOSAL /REQUEST:
Request to approve Open Space in accordance with
Section 4.7.2 of the Zoning Ordinance and request for a
waiver to disturb Critical Slopes in accordance with
Section 4.2.3.2 of the Zoning Ordinance.
STAFF CONTACT(S): Francis H. MacCall & Glenn
Brooks
AGENDA DATE: March 14, 2006
CONSENT AGENDA: Yes
ACTION: Yes
ATTACHMENTS: Yes
REVIEWED BY: DEP
PROPERTY OWNER & APPLICANT: North Pantops Townhouses LLC
BACKGROUND: Request for preliminary site plan approval to create 206 townhouses using the clustering
development option on 57.88 acres. The property, described as Tax Map 78, Parcel 12, is zoned R -6, Residential and is
located in the Rivanna Magisterial District on Richmond Road [Route # US 250E] approximately 0.75 miles east of its
intersection with Route 20N. The Comprehensive Plan designates this property as Neighborhood Density in
Neighborhood 3 (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 for
the intended usage 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. With a positive finding of
the appropriateness of the open space layout and approval of the critical slopes waiver, the preliminary site plan 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; (3) buffering between dissimilar uses; and (4)
preservation of agricultural activity?
(1) This open space will provide both active and passive recreation. There will be area that will have a basketball
court and areas that will have tot lots. There will be ponds in the largest area of open space that will provide
for more passive recreation.
(2) There is protection of some critical slopes within this area. These slopes will remain undisturbed within the
open space areas delineated on the plan. These slopes will be protected through a maintenance agreement with
the homeowners association and further protected through the requirement of a tree conservation plan.
(3) The largest area of open space is to the north providing a buffer between the single family development of
Fontana subdivision and this multifamily development.
(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)
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topographic characteristics.
(1) The location provides protection of some critical slopes and conservation of existing trees. It also creates a
buffer between this development and Fontana.
(2) The proposal includes approximately 16.43 acres in open space, which represents 28% of the total site.
(3) The shape of the open space does not appear to pose any detriment to the development.
(4) The open space will contain a variety of topographic characteristics. Some will be flat enough for active use
and others will be hilly for a more passive use. The steepest areas are suitable for buffers and utility uses.
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.
An existing stormwater management facility and public sewer lines are located in some of 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 utilioy 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 parcel.
(2) Some of the critical slopes are shown in open space.
(3) Sanitary sewer utility easements would be included in the open space.
(4) One (1) stormwater detention pond is proposed
(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) The recreational areas provided satisfy the requirements of Section 4.16.
(7) The open space does provide a reasonable buffer from an adjacent subdivision.
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 ore frequent flooding as defaned 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 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.
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.
The open space shown on the plat shall be owned by the homeowners' 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
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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:
Extensive critical slopes intermittently cover the entire site. Many of these slopes are part of an approved grading
operation that has been ongoing for the past 10 years and more. There may be small portions of natural slopes that
remain at the edges of grading activities. The most recent site plan proposes finishing the grading activities with steep
slopes, retaining walls, roads, parking and townhouse units.
Areas
Acres
Total site
22.4 project area, with 35.45 in ponds and residue
Critical slopes
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Visually estimated at 75% of site
Critical slopes disturbed
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All of the critical slopes will be disturbed
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative
locations:
Roads and utility lines are placed through the critical slopes. These are so integral with the townhouse plans that they
cannot be separated and easily exempted.
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 be controlled by the drainage plan proposed, and the overall Luxor stormwater
management plan.
"siltation"
Inspection and bonding by the County is ongoing. Proper stabilization and maintenance will ensure long term
stability.
"loss of aesthetic resource"
See Review of the request by Current Development Planning and Zoning staff.
"septic effluent"
This is not a concern as the site is serviced by public sewer.
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 12 January 2006.
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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. From an
aesthetic perspective, staff can support this waiver request. Some of the proposed development is located in an
"Important Wooded Area" as defined in the Open Space Plan. The Open Space Plan states that the "objectives and
strategies are not intended to reduce density or development rights beyond that allowed under current regulations
without compensation." Regarding "Important Wooded Areas ", the plan states "In these areas, trees should be
preserved or established as development occurs." Section 32.7.9 of the Zoning Ordinance requires that there must be
replanting sufficient that 20% of the tree canopy will be restored within a ten year time span. The landscape plan will
show the canopy requirement of at least 20 %.
The Open Space Plan also states that the short term strategy is to preserve or establish trees as development occurs in
"Wooded areas visible from Monticello, especially in Neighborhoods Three and Four, which protect Monticello's
viewshed." The impact on the viewshed has been an issue in recent years with the intense development in the Pantops
area. The establishment of trees up to and beyond the required canopy requirements has been the accepted practice to
mitigate the impact on the Monticello viewshed. Staff has not received any direct comment from the Monticello
Foundation at this time. The Foundation will have an additional opportunity to comment on the landscaping plan at the
final site plan submittal stage.
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 large amount of critical slopes are being disturbed and being done so within an Important Wooded Area and the
Monticello viewshed. However, the development proposal includes appropriate replanting of the site to provide a
20% canopy, which should mitigate to a certain extent the impacts on the wooded area and the Monticello
viewshed. 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
adjacentproper ties. Such modification or waiver shall not be detrimental to thepublic 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 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.
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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 site plan 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 with a copy of the original conservation plan
and all subsequent revisions to 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 owners'
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 - Site Plan
C - Applicant's request letter
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