The URL can be used to link to this page

Home My WebLink AboutSDP200500141 Executive Summary 2006-04-03COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SDP 05 -141 Commonwealth Townhouses - Critical slopes waiver request SUBJECT /PROPOSAL/REQUEST: Request for waiver of Sec. 4.2 building site requirements in order to disturb critical slopes to accommodate construction of 15 townhouses and associated improvements on 1.044 acres. STAFF CONTACT(S): David Pennock, Glenn Brooks PROPERTY OWNER: Hurt Investment Corporation APPLICANT: Lane Bonner AGENDA DATE: March 21, 2006 ITEM NUMBER: CONSENT AGENDA: Yes ACTION: Yes INFORMATION: ATTACHMENTS: Yes REVIEWED BY: AGM BACKGROUND: This property is located in the Jack Jouett Magisterial District on Commonwealth Drive (Rte. 1315), approximately 0.68 miles from its intersection with Hydraulic Road (Rte. 743) (Attachment A). The property is zoned R -15 (Residential). An application is under review for preliminary site plan approval to construct 15 townhouses on 1.044 acres (Attachment B). The proposal indicates that critical slopes will be disturbed for the construction of buildings, parking areas, and sidewalks, as well as associated grading activities. The applicant has submitted a request and justification for a waiver for this disturbance (Attachment Q. DISCUSSION: Staff has reviewed this request with consideration for the required criteria. The review has resulted in mixed findings for and against approval of the waiver: Factors favorable to approval of a modification to allow activity on critical slopes: 1. This proposal represents an infill opportunity in an area identified on the Comprehensive Plan as Urban Density within established Development Areas. Factors unfavorable to approval of a modification to allow activity on critical slopes: 1. Construction of the plan as shown will require significant fill and use of retaining walls within an area that is currently a drainage ravine. RECOMMENDATION: Generally staff finds that the waiver request, based on the plan as shown, is inconsistent with the criteria of Section 4.2.5(a) for granting a modification to allow disturbance on critical slopes. Therefore, staff is not able to recommend approval to the Commission of a modification of Section 4.2.3. If the Planning Commission does approve the critical slopes waiver request, the following conditions are recommended: 1. Temporary off -site easements for land disturbance on all three abutting properties are required. Off -site easements are for construction access and erosion control measures. 2. Permanent off -site easements for maintenance of the retaining walls are required anywhere retaining walls are less than 10' from property lines, or a distance less than the height of the retaining wall from the property line, whichever is greater. Easement widths will be a minimum of 10' wide, or the height of the walls, whichever is greater. ATTACHMENTS: Staff Report STAFF CONTACT: David E. Pennock, AICP PLANNING COMMISSION: March 21, 2006 AGENDA TITLE: SDP - 2005 -141: Commonwealth Townhomes - Preliminary Site Plan PROPERTY OWNER: Hurt Investment Corporation APPLICANT: Lane Bonner APPLICANT'S PROPOSAL: An application is under review for preliminary site plan approval to construct 15 townhouses on 1.044 acres, zoned R -15 (Residential) (Attachment B). The proposal indicates that critical slopes will be disturbed for the construction of buildings, parking areas, and sidewalks, as well as associated grading activities. This property is located in the Jack Jouett Magisterial District on Commonwealth Drive (Rte. 1315), approximately 0.68 miles from its intersection with Hydraulic Road (Rte. 743) (Attachment A). COMPREHENSIVE PLAN: This area is shown as Urban Density in Urban Area 1. REASON FOR PLANNING COMMISSION REVIEW: Approval of this application requires Planning Commission approval of a modification of Section 4.2 in order to allow disturbance of critical slopes. REVIEW OF MODIFICATION OF SECTION 4.2.3 TO ALLOW ACTIVITY ON CRITICAL SLOPES: Discussion - Critical Slopes Waiver: Section 4.2.3.2 of the Zoning Ordinance restricts earth - disturbing activity on critical slopes, while Section 4.2.5(b)(2) allows the Planning Commission to waive this restriction. The applicant has submitted a request and justification for the waiver (Attachment Q. Staff has reviewed this waiver request with consideration for the concerns that are set forth in Section 4.2 of the Zoning Ordinance, entitled "Critical Slopes." These concerns have been addressed directly through the analysis provided herein, which is presented in two parts, based on the Section of the Ordinance each pertains to. Section 4.2.5(a): Aesthetic Resources: The Open Space Plan is the primary tool used by staff to identify aesthetic resources. The maps in the Open Space Plan include "inventory maps" which show all resources. The "composite map" then indicates those resources that are of the highest significance or are part of a system forming a significant resource, such as a stream valley or mountain range. This site is not shown on either map to contain such features. The Open Space and Critical Resource plan does not identify any significant features on this site. In addition, this site is not a part of either the Hydraulic Road or Route 29 entrance corridors. The aesthetic resources on this site do not appear to be substantial. However, as noted in the review by Current Development Engineering staff, the site is very visible to a number of existing residential structures. Review of the request by Current Development Engineering Staff. The critical slope waiver request has been reviewed. The engineering analysis of the request follows: Description of critical slope area and proposed disturbance: This is a drainage ravine and slope next to Commonwealth Drive, and between existing apartment and 2 townhouse developments. The site is proposing to create a developable area by building the area up with retaining walls and fill. A map and graphic of the site plan are attached (Attachments C and D): Areas Acres Total site 1.04 acres Critical slopes 0.31 31% of site Critical slopes disturbed 0.3 97% of critical slopes Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: The entrance travelway disturbs critical slopes. However, there are alternative entrance locations and layouts, so this is not exempt. Compliance with Zoning Ordinance 18 -4.2: "movement of soil and rock" This site will be built entirely with retaining walls and fill, which will have a limited design life for stability. Proper wall construction, control of drainage, and vegetative stabilization will prevent any movement of soil after construction. "excessive stormwater runoff' Stormwater runoff will change due to added impervious areas, and release rates will be controlled by the drainage plan proposed, as required by the Water Protection Ordinance. "siltation" A silt trap will likely be necessary on the slopes below this site to capture siltation during construction. Access to the retaining walls, as well as perimeter erosion control measures will also require off -site land disturbance. Inspection and bonding by the County can try to ensure siltation control during construction, but with sites like this, where improvements are built to property lines, it is very difficult to control siltation without off -site disturbances. "loss of aesthetic resource" This area is visible from Commonwealth Drive and the neighboring residential developments. See the aerial photo (Attachment D). The applicant has indicated these are all man -made slopes. This cannot be verified. However, it is likely that portions were created with fill for Commonwealth Drive and the adjacent parking lot. "septic effluent" This is not a concern as the site is serviced by public sewer. It is recommended that the Planning Commission consider the possible long term consequences of creating developable areas held up by retaining walls over existing slopes. It appears to be the intent of the Ordinance to prohibit this sort of use on critical slopes. Based on the above review, approval cannot be recommended by Engineering. Section 4.2.5(b): Staff has included the provisions of Section 4.2.5b here (in italics), along with staff comment on the various provisions: b. 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) Based on the Engineering analysis provided above, it is staff s opinion that a strict application of the requirements set forth in Section 4.2 does act to forward the purposes of the chapter. The alternative (approval of the plan as shown) does not demonstrate an equivalent service towards 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 properties. 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) The requirements of the Ordinance do not unreasonably restrict the use of the property. In the event that the waiver is not granted, it may be possible for the site to be redesigned to show a development proposal outside of critical slope areas. However, some reduction in the scope of this project would be necessitated. 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) This site has existing zoning for high density residential development (R -15 — Residential). It is shown on the Comprehensive Plan as an Urban Density neighborhood. This proposal represents an infill opportunity in the Development Areas. RECOMMENDATION: Staff has reviewed this request with consideration for the required criteria. The review has resulted in mixed findings for and against approval of the waiver: Factors favorable to approval of a modification to allow activity on critical slopes: 1. This proposal represents an infill opportunity in an area identified on the Comprehensive Plan as an Urban Density within established Development Areas. Factors unfavorable to approval of a modification to allow activity on critical slopes: 1. Construction of the plan as shown will require significant fill and use of retaining walls within an area that is currently a drainage ravine with associated critical slopes. Generally staff finds that this request is inconsistent with the criteria of Section 4.2.5(a) for granting a modification to allow disturbance on critical slopes. Therefore, staff is not able to recommend approval to the Commission of a modification of Section 4.2.3. If the Planning Commission does approve the critical slopes waiver request, the following conditions are recommended: 1. Temporary off -site easements for land disturbance on all three abutting properties are required. Off -site easements are for construction access and erosion control measures. 2. Permanent off -site easements for maintenance of the retaining walls are required anywhere retaining walls are less than 10' from property lines, or a distance less than the height of the retaining wall from the property line, whichever is greater. Easement widths will be a minimum of 10' wide, or the height of the walls, whichever is greater. Attachments: A - Location Map B - Site Plan Reduction C - Applicant's Request and Justification D - Aerial Photo of property 2