HomeMy WebLinkAboutSDP200600055 Legacy Document 2006-12-27COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SDP 2006 — 055 Four
Staff: David E. Pennock, AICP; Glenn
Seasons Learning Center
Brooks, PE
Public Hearing: December 5, 2006
Board of Supervisors Public Hearing: Not
applicable
Owners: Barbara and Kryz Sliwinski
Applicant: Barbara and Kryz Sliwinski
Acreage: 0.35 Acres
Rezone from: NA
Special Use Permit for: (no change to
existing SP)
TMP: Tax Map 61X1 - Parcel 5
By -right use: Planned Unit District (PUD),
Location: at the intersection of Four Seasons
with approved Special Permit (SP) to allow a
Drive (Rte. 1456) and Lakeview Drive (Rte.
daycare on the premises.
1458)
Magisterial District: Rio
Proffers /Conditions: Yes
Proposal: Waiver of Section 32.7.2.7 of the
Requested # of Dwelling Units: not
Zoning Ordinance, which requires use of curb
applicable
and gutter; this waiver request is in
conjunction with a site plan amendment to
facilitate changes to this site and to
previously approved plans.
DA (Development Area): Yes
Comprehensive Plan Designation:
RA (Rural Area): No
Urban Density in Urban Area 1
Character of Property: The property has
Use of Surrounding Properties: Single
been an operational daycare since 1975.
Family Residential dwellings
Factors Favorable:
Factors Unfavorable:
(multiple — see report)
(multiple — see report)
RECOMMENDATION: Staff finds that this request is generally inconsistent with the
necessary findings of the Zoning Ordinance for granting a waiver. Thus, staff recommends
denial to the Commission of the waiver to eliminate curb and gutter requirement.
STAFF PERSON:
PLANNING COMMISSION:
AGENDA TITLE:
APPLICANT:
PROPERTY OWNERN:
David E. Pennock, AICP; Glenn Brooks, PE
December 5, 2006
SDP 2006 — 055: Four Seasons Learning Center
Barbara and Kryz Sliwinski
Barbara and Kryz Sliwinski
APPLICANT'S PROPOSAL:
Applicants request a waiver of Section 32.7.2.7 of the Zoning Ordinance, which requires the use
of curb and gutter within sites in the development areas requiring 8 or more parking spaces, as
specified in Section 4.12.15(g). This waiver request is in conjunction with a site plan
amendment to facilitate changes to this site and variations from previously approved plans. The
property is zoned PUD, Planned Unit Development. The property is described as Tax Map
61X1, Parcel 5. It is located in the Rio Magisterial District at the intersection of Four Seasons
Drive (Rte. 1456) and Lakeview Drive (Rte. 1458).
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Urban Density in Urban Area 1.
PLANNING AND ZONING HISTORY:
SP 412 — Woodlake Corporation — October, 1974 — Special Permit granted for nursery
school /daycare or office use.
SP 89 -023 — Mothers Care of Virginia — May, 1989 — Special Permit conditions amended to
reduce setback of sign.
SDP 00 -072 — Four Seasons Learning Center — June, 2000 — Site Plan approved with changes to
circulation. (Attachment C)
SP 02 -006 — Four Seasons Learning Center — June, 2002 — Special Permit conditions amended to
increase maximum number of children. (Attachment G)
REASON FOR PLANNING COMMISSION REVIEW:
The Planning and Zoning History above summarizes the major dates for approval of various
plans regarding this site. Other requests have been submitted and subsequently withdrawn, and
work has taken place on the site outside of the scope of the approved plans (see Attachment C for
previously approved site plan and Sheet 2 of 3 in Attachment B for existing conditions). The
applicant is attempting to justify the conditions on site with an approved plan, both through on-
going work on the site and through the minor site plan amendment currently under review. As
part of the minor site plan amendment, the applicant requested a waiver from the agent for
modification of access and design standards, which are required pursuant to Section 32.7.2.7 in
accordance with Section 4.12 of the Zoning Ordinance. Staff was unable to administratively
approve these requests, and informed the applicant of the option to request the Planning
Commission review the site plan and consider the requested waiver, in accordance with Section
32.3.10.
Analysis of Sec. 32.3.10 of the Zoning Ordinance:
Section 32.7.2.7 requires that "on -site parking and circulation shall be designed and constructed
in accordance with Section 4.12 ". Section 4.12.15(g) requires the provision of curb and gutter:
g. Curb and gutter in parking areas and along travelways. Curbs shall be established at the
edges of parking areas or access aisles in the following circumstances: (1) in all
commercial or institutional developments requiring eight (8) or more parking spaces, (2)
in all multifamily dwelling and townhouse developments requiring eight (8) or more
parking spaces; (3)where necessary to control or direct stormwater runoff, (4) where a
sidewalk is located closer than four (4) feet from the edge of an access aisle; and (5) where
necessary to contain vehicular traffic to protect pedestrians and/or property. Gutters shall
be required where necessary to control or direct stormwater runoff. The county engineer
may waive or modify this requirement if deemed necessary to accommodate stormwater
management/BMP facility design or existing uses located in the Rural Areas (RA) zoning
district.
As specified in Section 32.3. 10 (each subsection is discussed immediately following the text
from the Ordinance):
Any requirement of section 32.7 may be modified, waived, or substituted, in an individual case,
as provided herein:
a. The commission may modify, waive, or accept substitution for any requirement of
section 32.7 in a particular case upon a finding that requiring such improvement would
not forward the purposes of this chapter or otherwise serve the public health, safety or
welfare; or in the case of substitution, that such alternative would satisfy the purpose of
this chapter to at least an equivalent degree as the required improvement.
In this case, the requirements of the ordinance will act to forward the purposes of this chapter.
The proposed alternative — gravel parking with bumper blocks — does not appear to further the
purposes to an equivalent or greater degree than the improvements that are required by
Ordinance.
b. Whenever, because of unusual size, topography, shape of the property, location of the
property or other unusual conditions, excluding the proprietary interests of the developer,
strict application of the requirements of section 32.7 would result in significant
degradation of the site or adjacent properties, the requirement may be modified or waived
by the commission; provided that such modification or waiver shall not be detrimental to
the public health, safety or welfare, to the orderly development of the area, to sound
engineering practices, or to adjacent properties
The site is not unusual in terms of size, topography, shape, or location. The daycare has been in
place since shortly after its approval in 1974. Detailed analysis of the potentials for degradation
to this site or others, and of the relationship to "sound engineering practices" are presented here
by Glenn Brooks, Lead Engineer, as responses to the justifications in the applicant's request
letter (Attachment D):
"The request to waive the requirement for curbing in the parking area and entrance has reviewed.
Denial is recommended. The follow responses are provided for the applicant's justification:
1. Applicant: "The internal parking lot in question is only for five (5) spaces (instead of 8). The
remaining parking requirement is being met by street parking in accordance with Code
Section 4.12.9."
The remaining parking on Four Seasons Drive is not on- street parking. It is parking on the
shoulder. On- street parking occurs on urban (curbed) streets with adequate width. Four
Seasons Drive on this side is a rural cross - section on which the applicant has widened the
shoulder with gravel. This gravel area, partially on the right -of -way and partially on -site, is
being used for parking. A picture is provided (Attachment E, Photo A). This arrangement is
a safety concern on a heavily traveled road. It is recommended it be removed, unless the
applicant improves Four Season Drive to build the full urban section with sidewalks along its
frontage. (Editor's Note — As presented in an e-mail from John Winn (Attachment F),
the parking along Four Seasons Drive appears to be approvable by VDOT under the
conditions of Parking Note #2 on the Cover Page of the proposed site plan. Staff is not
counting the spots on Four Seasons Drive towards required parking; on- street parking
on Lakeview Drive is being provided that will meet the requirements. Note that
approval of the site plan will also require
1. VDOT confirmation that the required sight distance can be obtained at the
entrance from Lakeview Drive.
2. Signage, or other method of communication approved by VDOT, to limit parking
encroachment in to site distance area along Four Seasons Drive near its
intersection with Lakeview Drive.)
2. Applicant: "The previously approved site plan amendment did not require curb and gutter
and the number of on site parking spaces shown on the previously approved plan was nine
(9) instead offive (S)."
I do not know the circumstances of the previous plan, but it would appear it does not meet
the ordinance requirements. (Editor's Note — The applicant's comment appears to be
correct. The previous approved plan (Attachment C) was a site plan waiver, which
showed nine (9) parking spaces on -site and did not require curb and gutter. However,
this site plan waiver was prior to the most recent changes to Section 4.12, which
occurred in 2003.)
3. Applicant: "From an engineering standpoint, sheet flow will occur from the proposed on site
parking area and will promote better storm water management despite the fact that a
specific storm water management plan is not being required. This is true for the
following two reasons:
a) A portion of the runoff from the parking area will be dispersed to a grassed area which
will in turn promote infiltration and better water quality.
b) If curbing is used the water from the parking area will become concentrated, and
because there is not a storm sewer along Lakeview Drive in front of the site, there is not
place to pipe the concentrated flow. Consequently, sheet flow would be a better option."
There are a number of topics in this item. Each is discussed separately below:
Stormwater Management: _
This site has no stormwater management. It probably should, but the history of violations,
construction, plans, and plan amendments is confusing enough to make the enforcement of
this uncertain. Staff has generously accepted the applicant's justification and proposal to
reduce imperviousness on the site.
Infiltration:
Historically, infiltration has not been practical in Albemarle because the soils have a high
clay content. In any case, after a site has been disturbed for construction, graveled, used as a
parking area, etc., the soils are certainly not suitable for any sort of infiltration. Any
significant infiltration on this site is highly unlikely. All of the site area has been disturbed,
as shown on the attached photos (Attachment E).
Sheet flow:
Sheet flow is not a form of stormwater management or controlled stormwater conveyance.
Sheet flow is almost never achieved in situations like this in the field. It is doubtful it will be
achieved here. In all practicality, sheet flow means building without regard to drainage and
letting water find its own way. This is what the applicant has done to date.
Curbing and drainage conveyance:
The use of curbing will force the responsible and thoughtful control of runoff. The front of
the building is a difficult place for drainage. Drainage inlets in the Lakeview Drive right -of-
way are not available close to the site, which illustrates the fact that this site was never
contemplated to have a parking lot and drainage system. A planned site design with this
consideration might have placed the parking area in back of the building, where drainage can
discharge to the ditch on Four Seasons Drive. (Next to the site, this ditch has been largely
removed by the applicant in unapproved grading activities for parking.) Installing a drainage
system on either of the streets next to the site is possible, though expensive. Alternatively,
on -site detention, with drainage outlets to curb and ditch -lines could be explored, but would
need approval from VDOT.
c. Upon finding in any case that by substituting of technique, design or materials of
comparable quality, but differing from those required by section 32.7, a developer would
achieve results which substantially satisfy the overall purposes of this chapter in a manner
equal to or exceeding the desired effects of the requirement in section 32.7, the commission
may approve such substitution of technique, design or materials.
As specified in the applicant's letter, previous site plans for this site have not required curb and
gutter, and this use has not changed substantially in approximately 30 years. However, the
provision requiring curbing and guttering in the development areas was implemented, in part, to
address Neighborhood Model design recommendations attempting to more effectively address
drainage and circulation. Staff is of the opinion that modifying this requirement is inconsistent
with design practices in the development areas. A waiver of this section will not further the
intended objectives of the Code, nor will it adequately protect the public health, safety or
welfare.
RECOMMENDATION:
Staff finds that this request is generally inconsistent with the necessary findings of the Zoning
Ordinance for granting a waiver. Thus, staff recommends denial to the Commission of the
waiver to eliminate curb and gutter requirement.
ATTACHMENTS:
A. Vicinity Map
B. Site Plan
C. Approved Site Plan Waiver SDP 00 -072
D. Applicant's Request Letter
E. Photo Exhibits
F. VDOT e -mail Regarding Parking
G. SP 02 -006 Approval Letter