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HomeMy WebLinkAboutZMA201500001 Staff Report 2019-02-20 oA ,mil _� •t�,®f t. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 To: Albemarle County Board of Supervisors From: Megan Nedostup,Principal Planner Date: February 20,2019 Re: Request for Special Exception for a variation to the Code of Development for Old Trail Village (ZMA2015-001)to allow lots and disturbance within the stream buffers(s)and to modify the Application Plan Open Green Space Areas to reflect the current stream buffer(s). TMP: 055E0-01-22-00000 Magisterial District: White Hall Magisterial District School Districts: Brownsville Elementary,Henley Middle,Western Albemarle High Zoning District: Neighborhood Model District(NMD) Summary of Request for Special Exception: The applicant is requesting a variation to the previously approved Code of Development specifically for Blocks 19, 24-25, and 32-34. The Code of Development currently states that "Residential lots shall not be permitted within stream buffers". The request is to allow lots and disturbance within the stream buffers in specific areas within the blocks listed.In addition,the applicant is also requesting to modify the Stream Buffer Area as identified on the Application Plan to accurately reflect current on site location of streams and the buffer. County Code §18-8.5.5.3 allows special exceptions to vary approved Application Plans and Codes of Development upon considering whether the proposed variation: (1)is consistent with the goals and objectives of the comprehensive plan;(2)does not increase the approved development density or intensity of development;(3) does not adversely affect the timing and phasing of development of any other development in the zoning district; (4)does not require a special use permit;and(5)is in general accord with the purpose and intent of the approved application. County Code § 18-33.43(B) requires that any request for a variation be considered and acted upon by the Board of Supervisors as a special exception. Please see Attachment A for full details of staff analysis. Staff Recommendation: Staff recommends that the Board adopt the attached Resolution(Attachment D)to approve the special exception. Attachments: A—Staff Analysis B—Application Materials(Applicant Justification) C—WPO Stream Buffer Impact Exhibit D—Resolution STAFF PERSON: Megan Nedostup BOARD OF SUPERVISORS: February 20, 2019 Staff Report for Special Exception to vary the Code of Development for Old Trail Village (ZMA2015-00001) to allow lots and disturbance within the stream buffers(s) and to modify the Application Plan Open Green Space Areas to reflect the current stream buffer(s). VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENT The applicant is requesting to vary the Code of Development for Old Trail Village to allow residential lots within small portions of the stream (WPO-Water Protection Ordinance)buffer(s)and also to modify the Stream Buffer Area (labeled as"Open Green Space" on the exhibit)as identified on the Application Plan to accurately reflect on site locations of streams and the buffer. Staff has reviewed the request for zoning and planning aspects of the regulations for the areas outlined in Attachment C and supports the request, with conditions. The Block areas with staff comments for each disturbance are described below: Blocks 7 and 35D (Page 1 of Attachment C): The County Engineer evaluated this area and found that buffer vegetation was not adequate or well vegetated and that an enhanced 75-ft buffer will result in an equal or better condition than maintaining the existing 100 foot buffer without any improvements. Additionally, staff recommends buffer mitigation with a ratio of 2:1 be provided elsewhere within Old Trail Village to offset the impacts and create a more established stream buffer for the betterment of the stream. Block 32 (Page 2 of Attachment C): The County Engineer evaluated this area and found that again the stream buffer is not well vegetated and Lots 68-70 could be extended into the buffer in this area with impacts mitigated elsewhere throughout the development and through application of 2:1 mitigation as noted above. The other disturbances shown were anticipated with the rezoning application for the road network and stormwater management. A portion of"Open Green Space" outside of the stream buffers shown with Block 32 does not match the current GIS Web WPO stream buffer, and the other area requesting to be revised was anticipated to be impacted during the rezoning. The County Engineer has reviewed this area and found that what was depicted on the Application Plan is not consistent with the WPO buffer. The "Open Green Space" shown on the rezoning Application Plan was intended to capture the stream buffers and other environmental features. There are no additional environmental features outside of the stream buffers that would require this additional area. Blocks 24, 25, 33, and 34 (Page 3 of Attachment C): The majority of the stream disturbance in this area is for the road network and was anticipated with the rezoning application. There is minor disturbance (340 square feet and 250 square feet) for lot disturbance. The County Engineer has evaluated this area and finds the disturbance acceptable considering the existing buffer condition. Staff recommends conditions for buffer mitigation at the ration of 2:1 and minimize the impact to the buffer. The "Open Green Space" shown on the rezoning Application Plan was intended to capture the stream buffers. After a site visit, the County Engineer and staff performed a stream determination in this location and found that a portion of the streams are intermittent and do not require a buffer. Staff finds the modification of the Open Green Space meets the intent of the rezoning application in the protection of stream buffers. In addition to the above, variations are considered by the Board of Supervisors as a Special Exception under County Code §§ 18-33.43 through 18-33.51. Staff analysis under County Code § 18-8.5.5.3(c) is provided below. 1) The variation is consistent with the goals and objectives of the comprehensive plan. Within the Natural Resources chapter of the Comprehensive Plan there are recommendations that state that well vegetated buffers should be retained. However, since the areas to be impacted with this proposal are areas that are not well vegetated, or were anticipated with the rezoning application, staff finds that the mitigation proposed will enhance the health of the stream in other areas within Old Trail and will provide for equal or better stream health throughout the development. 2) The variation does not increase the approved development density or intensity of development. No increase in density is requested. 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The timing and phasing of the development is unaffected. 4) The variation does not require a special use permit. A special use permit is not required. 5) The variation is in general accord with the purpose and intent of the approved rezoning application. While the rezoning application stated that lots would not be permitted within the buffer, the areas identified to be disturbed have been found to have inadequate vegetation, or very minimal vegetation as determined by the County Engineer. In some cases, remaining buffer areas adjacent the impacts will be enhanced, which was not previously proposed or required. The stream buffer mitigation plan will establish a more consistent buffer that is for the betterment of the stream and its health. Staff finds that these minimal impacts are in general accord with the purpose and intent of the approved rezoning application. The intent of the rezoning was to protect the stream buffers within Old Trail. Staff finds the modification of the Open Green Space meets the intent of the rezoning application to protect stream buffers. Staff recommends approval of this request with the following conditions: 1. Stream buffer mitigation shall be provided at a 2:1 ratio in accordance with a buffer mitigation plan for Old Trail Village ZMA2015-001, as approved by the County Engineer. 2. Disturbance to the buffer shall be limited to the areas depicted on pages 1-4 of the exhibit prepared by Roudabush, Gale &Associates, Inc., entitled "WPO Stream Buffer Impact Exhibit Blocks 19, 24-25, 32-43" dated January 23, 2018, with a revision date of December 6, 2018. 3. Modification of the "Open Green Space" shall be limited to the areas depicted on pages 1-4 of the exhibit prepared by Roudabush, Gale & Associates, Inc., entitled "WPO Stream Buffer Impact Exhibit Blocks 19, 24-25, 32-43" dated January 23, 2018, with a revision date of December 6, 2018. ROUDABUSH, GALE & ASSOCIATES, INC. A A PROFESSIONAL CORPORATION s r LAND SURVEYING Serving 1 J7gN1/il SiPlu /956 ENGINEERING LAND PLANNING I:\O\LI RI\1,10.1'\R I MI\I SI RVI 1 U1 I'\RIM!\I IT/' )1 1111'\\lops l)RIVI.SII 1 9I4MO\II(IILURt). I) 11111. I:1(iO\I(1.I'1: (OAR(IIIII:SVII.I.I..\':\22911 (II1RI0IiISVItII.1111902 1111.1.1.1sIJ.I.1.DUI I1:R.I DON. R NNW.PI I'l1U\1 11i11 979-8 1 2 1 PII(l\I (1L1)977-020� BI(i.\\I).)t\IISU\.l S I)SVII)Si ROBINSON..PI I \\(414)979-1681 I.1\11U1'_9(1-4220 I)\\II)1 I(/RI)\\ 1 S \\1111'NI.(iliOR(if.I..1 I\Il)aROII)MOcII(l)11 KRISIOI'111.R( NIS.II.RS.I.S. December 6, 2018 Mr. David Benish, Chief of Planning Albemarle County Department of Community Development 401 McIntire Road Charlottesville,Virginia 22902 RE: ZMA 2015-001 Old Trail Block Village Special Exception Request Dear Mr. Benish, Thank you and the other members of the County staff for your recent feedback on the impacts to the WPO Stream Buffer. l am writing on behalf of my client to request a variation of the"Parks and Open Space" and "Stormwater Management" sections within the Old Trail Village Code of Development. In particular,we are requesting that a variation be allowed for the statement"Buildable areas within residential lots shall not be allowed within stream buffers." After a site walkthrough at Old Trail Village, it has been determined by Albemarle County Engineering that the Stream Buffer limits from the Albemarle County GIS may vary from the field conditions of some perennial and intermittent streams on the Old Trail Village properties.Also, the quality of the existing vegetation in some areas of the stream buffer is described by David Hannah as "not good/not well vegetated". Due this observation and the location of the GIS stream buffers,this variation request is sought for Blocks 7, 19, 24, 25, 32, 34 and 35.We are seeking the variation to allow proposed lot areas and/or potential disturbance within the landward 25'of the County WPO Stream Buffers. Any impacts to the stream buffer in these cases would be mitigated with a 2:1 area ratio. At the time of the approval of ZMA2004-24 and ZMA2015-1, the lot layout within the blocks was at a conceptual level based upon the overall site parameters and market demands. It is our client's wish to provide both a continuation of the reasonable layout for the development of the property and protect the WPO stream buffer. The current layouts of Blocks 7, 19, 24, 25, 32, 34 and 35 shown in the exhibits for this Special Exception request are an example of those desires coming together.The current lot and road layouts in those blocks provide for more reasonable lot areas and uniformity across the development with a few instances of the lots extending 25' into the landward edge of the stream buffer. Additionally, the requested lot impacts are located in areas that are not that well vegetated. The 25' encroachment areas do not affect any vegetation of significant landscape value. The required mitigation would allow Old Trail to establish a mix of desirable vegetation that would improve the quality of the stream buffers located around Upper Ballard Pond and Stormwater Management Facility S-1 (SWM S-1). A mitigation plan for Upper Ballard Pond and a portion of the shoreline for SWM S-1 is intended to be an improvement on the current situation creating views into the pond via areas of meadow grasses and perennials along between areas of hardwood and flowering trees and shrubs. In an effort to continue the discussion for this application, I am including the latest comments from County staff and our responses. • The proposed lots shown in the stream buffers on pages 1 (Block 7 and 35D)and on page 2 (Block 32)for lots 72 and 73 are acceptable, that is, we can support the Special Exception (SE)request provided that the remaining buffer(outside of the lots)is no less than 75 feet wide and the buffer is augmented/replanted with acceptable vegetation (the specifics of the mitigation measures probably still need to be worked out with Frank, but replanting at a 2:1 ratio of mitigated to impacted is the minimum level expected). This is what we are anticipating as conditions of approval for the SE. Frank and our Natural Resources Planner, David Hannah, have determined that the quality of the existing buffers in these locations are not that good/not well vegetated, and the maintenance of a 75 feet along with appropriate mitigation measures will result in an equal or probably better condition than maintaining the existing 100 foot buffer without any improvements. Maybe this was part of the mitigation plan that you mention in your e-mail below. Having your SE application include information about the condition of the existing buffers and proposed mitigation would be helpful for this review and file documentation. The stream buffer impacts proposed within Block 7 and 35D would affect slightly more than 16,600 sf and would not extend into the stream buffer more than 25'. The lot layout in Block 32 has been revised. Lots 68-70 (previously Lots 72-73) have been adjusted so that the lots extend no more than 25' into the stream buffer. • For lot 45 in Block 32 (page2), we believe this lot should be reduced in size to avoid any impacts to the stream buffer—the lot size reduction would be minimal. Other lots in this immediate stretch of lots are smaller in size than lot 45. Though the impact is small, we see no reason why there needs to be any part of this lot located in the stream buffer. The rear lot line for Lot 41 (previously Lot 45) has been adjusted to avoid any impact to the stream buffer. Special Exception Request 2 • On page 3(and 4), the proposed impact from the hammerhead at the end of the road in Block 25 is acceptable due to the overall impact of the approved roads and intersection in this block area (and the public safety/emergency access need for the hammerhead). Acknowledged. • For lots 11-13 in Block 34(page 3 and 4), staff cannot support an SE request at this time. This appears to be an existing wooded buffer of good quality which should be maintained, if possible. It also appears that smaller lots, similar in size to others shown/proposed in Blocks 33 and 34, could be used in this area to eliminate or further reduce impacts to this buffer. Lastly, Block 34 does not appear to be fully designed/vetted at this time based on the representation of the road rights of way on page 3(different ROW widths;offset intersections). Lots 11-13 may be able to be shifted out of the stream buffer with further plan development/adjustments to Block 34, making a request for the SE for these lots premature. Further information regarding the condition of the existing buffer in this area, the need/justification for impacting the buffer in this area (why other apparent options are not viable), and/or proposed mitigation measures will need to be provided to justify the current proposal for these lots. The rear lot line for Lots 11-13 has been adjusted to avoid any impact to the stream buffer. Thank you for the opportunity to continue our discussion with this application. Please feel free to contact me with any questions or comments. Sincerely, Ammy George Old Trail Village Special Exception Request 3