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Home My WebLink AboutSUB200600104 Executive Summary 2006-06-06COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SUB 2006 -00104 West End at Western Ridge Open Space Appropriateness Determination SUBJECT/PROPOSAL/REQUEST: Request for approval of open space in accordance with Section 4.7.2 of the Zoning Ordinance STAFF CONTACT(S): Francis H. MacCall PROPERTY OWNER: Highlands West LP APPLICANT: KG Associates AGENDA DATE: June 6, 2006 CONSENT AGENDA: Yes ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: WDF, DEP BACKGROUND: Request for preliminary plat approval to create 16 lots on 8.421 acres using clustering provisions. DISCUSSION: The applicant is proposing to use clustering provisions to obtain a lot size reduction per Section 15.3 of the Zoning Ordinance. Clustering requires that a minimum of 25% of the site be provided in open space. Section 4.7 of the Zoning Ordinance requires that Planning Commission consider the appropriateness of open space that is included in a site plan or subdivision. The proposed density is 1.9 du /ac. RECOMMENDED ACTION: Staff recommends that the Commission find that the open space is appropriate for the proposed development. 1 STAFF CONTACT: Francis H MacCall, Senior Planner PLANNING COMMISSION: June 6, 2006 AGENDA TITLE: SUB 2006 -00104 West End at Western Ridge Open Space Appropriateness Determination PROPERTY OWNER: Highlands West LP APPLICANT: KG Associates BACKGROUND: Request for preliminary plat approval to create 16 lots on 8.421 acres using clustering provisions. The property is zoned R -4, Residential. The property, described as Tax Map 56E -01 Parcel A, is located in the White Hall Magisterial District off of Lake Tree Lane [SR #1251] in the Western Ridge development. Western Ridge is located off of Three Notch'd Road [Route #2401 approximately 1.5 miles east of its intersection with Crozet Avenue [SR #810]. The Crozet Master Plan of the Comprehensive Plan designates these properties as District CT3 Urban Edge. (Attachment A). Section 15.3 of the Zoning Ordinance (Area and Bulk Regulation for the R -4 zoning district) permits lot size reduction by clustering lots. 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. DISCUSSION: Clustering The applicant is proposing using the clustering provision permitted in Section 15.3 of the Zoning Ordinance. The plat shows the required 25% open space for clustering (Attachment B). The appropriateness of this open space is discussed below. Per Section 15.3, the standard level zoning of the property permits up to 33 lots with a minimum lot size of 10,890 square feet with no minimum street frontage. The cluster zoning of the property proposed by the applicant permits up to 33 lots with no minimum lot size and no minimum street frontage. (Attachment B). 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 passive recreation and possibly some active recreation in the form of a trail that may be established in the future per the County's Greenway Manager as outlined in the Crozet Master Plan. (2) There are areas of critical slopes 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) This open space is proposed to be immediately adjacent to the open space of the adjacent Stonegate at Western Ridge Subdivision. (4) This proposal does not preserve agricultural activity. 2 Section 4.7.1: Is the proposed open space appropriate in terms of (1) location, (2) size, (3,) shape and (4J topographic characteristics. (1) The location provides protection of some critical slopes and conservation of existing trees. (2) The proposal includes approximately 2.266 acres in open space, which represents 26.9% of the total site. (3) The shape of the open space does not appear to pose any detriment to the development. (4) The majority of the open space will contain steep slopes. 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. A stormwater management facility and public sewer lines are proposed 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 ofareas 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; O land in slopes of twenty -five (25) percent or greater; (3) major public utility easements; (4) stormwater detention and flood control devices; (55,) lands having permanent or seasonally high 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 ad joining (1) There is no flood plain on the property. (2) Most of the critical slopes are shown in open space. (3) There are both existing and proposed sanitary sewer utility easements within the open space. (4) One (1) stormwater detention pond is proposed. (5) Some 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) There is no recreation required. (7) The open space will be immediately adjacent to existing open space, thus adding to an existing system of open space. 4.7.3.3 In such case where open space is required by provisions of this ordinance not more than ei hg_by (8Q) 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 ofAgriculture Soil Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985; and c. Land in slopes of twenbZ -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 maintenance of certain improvements. 3 RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions of the Zoning Ordinance and Subdivision Ordinance and recommends that the Commission find that the open space is appropriate for the proposed development with the conditions below. 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 -4.71 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 - Subdivision Plat W