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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: Whitehouse Commercial
Staff: Patrick Lawrence, Jonathan Sharp
Preliminary Site Plan
Planning Commission Public Hearing:
Board of Supervisors Hearing:
March 25, 2008
Not applicable
Owners: Hurt Investment Company, Inc.
Applicant: Virginia Land Company
Acreage: 4.74 ac.
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 78, Parcels 11 & 9
By -right use: HC, Highway Commercial
Location: proposed access from proposed
Olympia Drive in the Pantops Development
Area.
Magisterial District: Rivanna
Proffers /Conditions: see recommendation in
report
Requested # of Dwelling Lots: NA
DA— NA RA— NA
Proposal: Applicant proposes construction of
Comp. Plan Designation:
commercial office space in three two -story
The Comprehensive Plan designates this
office buildings totaling 65,120 square feet.
property as Regional Service in Urban Area
3.
Character of Property: This property is
Use of Surrounding Properties: Adjacent to
mostly wooded and fairly steep. No existing
multiple residential subdivisions, including
structures are on the site.
Fontana and Pavilions on Pantops.
Factors Favorable: see report
Factors Unfavorable: see report
RECOMMENDATION:
Zoning Ordinance Waivers:
1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
2. Section 21.7.3 — disturbance of land within the buffer between commercial and residential
property (recommendation, approval)
STAFF PERSON: Patrick Lawrence; Jonathan Sharp
PLANNING COMMISSION: March 25, 2008
AGENDA TITLE: SUB 2008 -020 Whitehouse Commercial Preliminary Site Plan
APPLICANT: Virginia Land Company
PROPERTY OWNER(S): Hurt Investment Company, Inc.
APPLICANT'S PROPOSAL: Request for preliminary site plan approval for construction of commercial
office space in three two -story office buildings totaling 65,120 square feet on 4.81 acres zoned HC - Highway
Commercial. The property, described as Tax Map 78 Parcel 11 and part of Parcel 9 are located in the Rivanna
Magisterial District on the proposed Olympia Drive in the Pantops Development Area between the Pavilions
Townhomes development (currently under construction), the CarMax and Free Bridge Auto sites.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Regional Service in Urban Area 3.
REASON FOR PLANNING COMMISSION REVIEW:
This proposal is for a by right commercial development adjoining a residential development. The site contains
several critical slopes and a landscape buffer between the two zoning designations. The applicant requests waivers
to disturbance of critical slopes and disturbance within the buffer to provide landscaping between commercial and
residential uses.
PLANNING AND ZONING HISTORY:
This parcel includes a large area; thus, much of the history is now associated with other projects.
DISCUSSION:
The Planning Commission will need to act on two waiver requests. This staff report is organized to address each
issue separately. The Commission must act on both of the items. The items to be addressed are:
Zoning Ordinance
1. Waiver of Section 4.2.5 — disturbance of critical slopes
2. Waiver of Section 21.7.3 — disturbance of land within a buffer zone
1. CRITICAL SLOPES WAIVER
A modification to allow critical slopes disturbance is necessary before the preliminary site plan can be approved
by the Planning Commission. The request for a modification has been reviewed for both the Engineering and
Planning aspects of the critical slopes regulations. Section 4.2.3.2 of the Zoning Ordinance restricts earth -
disturbing activity on critical slopes, while Section 4.2.5(b) allows the Planning Commission to waive this
restriction. The applicant has submitted a request and justification for the waiver (Attachment C), and staff has
analyzed this request to address the provisions of the ordinance.
Critical slopes cover approximately 0.9 acres, or 19 percent, of the 4.8 acres included in this request. This request
is to disturb 0.3 acres, or 33 percent, of these critical slopes. The critical slopes in the area of this request do not
appear to be man -made. 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.
2
Applicant's Request for Critical Slopes Waiver:
The Applicant states:
"The Preliminary Site Development Plan for Whitehouse Commercial shows there are approximately
37,650 square feet of critical slopes on the 4.81 acre site. These critical slopes would require grading
as part of this project. Of the 37,650 SF of critical slopes: 11, 795 SF were created as a result of
grading for Rolkin Road and Olympia Drive, 1,393 SF were created as a result of grading for the
Pavilions townhome development, and 16,630 SF were created as a result of grading for the Carmax
Site Development Plan, and 7,832 SF of the critical slopes appear to be part of the original site
topography.
1. The proposed grading is minor and measures will be taken to ensure rapid or large -scale movement of soil
and rock does not occur.
2. A Sediment Basin exists to prevent excessive stormwater run -off from occurring.
3. The sediment Basin provides erosion protection for all natural and man -made bodies of water.
4. The proposed grading would assist in stabilizing the grading that created the critical slopes along Rolkin
Road and Olympia Drive. Surface runoff would be removed as part of the proposed grading.
5. The proposed grading would further stabilize erosion and stormwater runoff from the Carmax and Pavilions
sites by relieving critical slopes and capturing runoff in an underground storm system.
6 Buildings and retaining walls have been provided to create steps up the site, further reducing surface runoff
velocities on the site.
7. There are no septic systems on this property.
8. The property does not lie in the 100 year flood plain.
The reasons given above demonstrate that the grading of critical slopes on this project will not be
detrimental to the health, safety, and /or welfare of the public. "
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 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. The Open Space Plan shows "slopes > 25 %" on this property on the "Inventory Map F.
However, they are not reflected on the "Composite Map ". This property is represented as part of an important
wooded area, though. Based on the content of the Open Space Plan, staff opinion is that the critical slopes on this
site do not represent a significant resource. However, other aesthetic resources related to the wooded area are
represented
Does the open space plan need to be resolved?
Section 4.2.5(a)
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:
The non - exempt critical slope areas on this site are wooded. The applicant is proposing commercial office space,
and the critical slope disturbance includes buildings, parking areas, grading, etc.
Areas
Total site
4.8 acres approximately
Critical slopes
0.9 acres
19% of site
Critical slopes disturbed
0.3 acres
33% of critical slopes
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is discussed:
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'
The site drains to Luxor Stormwater Management Pond #1, which has been designed to handle the runoff
from the proposed site for both Stormwater Quality and Detention.
"siltation"
Inspection and bonding by the County will ensure siltation control during construction. Proper stabilization and
maintenance will ensure long term stability.
"loss of aesthetic resource"
The disturbance will be visible from adjacent parcels and public roadways.
"septic effluent"
This site is served by public sewer.
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative
locations:
One -third of proposed critical slope disturbance is exempt (0.1 acres), as the critical slopes shown are the result of
a previously approved plan (Town & County Drive Phase II and Olympia Drive, Car Max, Luxor, Pavilions Phase
I). The remaining two- thirds of proposed critical slope disturbance are not exempt (0.2 acres).
Based on the above review, Engineering recommends approval to the critical slope waiver.
Review of the request by Current Development Planning staff:
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 4.2.5(a). Staff has included the provisions of Section
4.2.5(b) 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:
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)
This parcel is relatively visible from adjoining developments. In addition, there are a large number of
proposed critical slopes disturbances. Further, although these slopes are not part of a system, as identified
on the Critical Resources Map in the Open Space Plan, the area is identified as an "important wooded
area ". Staff finds that a strict application of the requirements set forth in Section 4.2 would forward the
purposes of this chapter and otherwise serve the public health, safety or welfare.
Does the open space plan need to be referenced?
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)
Denial of this waiver would not prohibit or restrict the use of the property. However, the adjacent
residential property may suffer both from the lack of grading and lack of landscaping were the waiver to
be denied.
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 property is primarily in the Development Areas, and represents a commercial development in an area
designated on the Comprehensive Plan for commercial development. As such, a change in grading on the
4
property would more effectively provide for the level of development recommended by the
Comprehensive Plan.
RECOMMENDATION: Staff is able to find that the provisions of Section 4.2.5(b) have been met. Although
the design avoids many of the steepest slopes and includes areas of landscaping, the plan shows significant
grading throughout that will result in disturbance of 33% of the critical slopes, or approximately 13, 068 square
feet, on the site and replacement of the remaining trees areas according to the landscape plan. Thus, staff is able
to recommend approval to the Commission of a waiver of Section 4.2.3.
If the Commission concludes that the findings in the previous section have been met and therefore approves the
requested waiver, staff recommends the following conditions:
1. If installation of erosion and sediment control measures necessitates disturbance of additional areas of
critical slopes or results in reduction of tree preservation area below 20 %, the preliminary plan and waiver
must be resubmitted for review and approval by Planning Commission.
2. WAIVER TO ALLOW LAND DISTURBANCE IN A BUFFER BETWEEN ZONING
DISTRICTS
Section 21.7 provides that:
"No off - street parking or loading space shall be located closer than twenty (20) feet to any residential or rural
areas district. "
Section 21.7.3 provides the method of requesting a waiver:
`Buffer zone adjacent to residential and rural areas districts: No construction activity including
grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or
rural areas district. Screening shall be provided as required in section 32.7.9. Except, the
commission may waive this requirement in a particular case where it has been demonstrated that
grading or clearing is necessary or would result in an improved site design, provided that:
a. Minimum screening requirements are met; and
b. Existing landscaping in excess of minimum requirements is substantially restored. "
Applicant's Request for Disturbance in a Buffer Zone Waiver:
The applicant states in the request for waiver:
"The Preliminary Site Development Plan for Whitehouse Commercial shows a stepped retaining
wall that intrudes approximately 6 feet into the buffer zone. The maximum height of each wall is
10 ft and the walls are stepped to provide a S ft landscape strip to break the appearance of the
wall face. A railing at the top of the wall and additional landscaping within the buffer zone will be
provided to mitigate the impacts of the disturbance. As additional justification for the disturbance,
we provide the following:
1. The buffer zone in question has been disturbed by clearing and grading in accordance with the
approved development plan for the Pavilions townhomes.
2. A pedestrian connection is proposed as part of the disturbance.
3. As mitigation is not a requirement of residential development adjacent to a commercial
district, the proposed disturbance, and resulting requirement for mitigation, would effectively
improve the health, safety, and welfare of the existing condition and provide a visual screen
between the two developments.
The reasons given above demonstrate that the proposed grading, site work, and plantings would
result in an improved site design. "
STAFF COMMENT:
This project has been reviewed by the Site Review Committee and can be approved subject to Planning
Commission review. However, waivers have been requested, as presented in the previous sections of this
report. Currently, these items are the most critical issues outstanding.
RECOMMENDATION:
Staff finds that this request is consistent with the criteria presented in the Zoning Ordinance. However, if the
waivers and modifications above are granted, the current layout appears to meet the requirements of the
Ordinance. Thus, staff recommends approval to the Commission of the preliminary site plan. However, if the
Commission grants the appropriate waivers and feels that the preliminary site plan is unacceptable, Staff
recommends the following conditions:
CONCLUSION:
The Planning Commission will need to act on several waiver requests and make findings on the appropriateness
of the proposed Open Space. Staff recommendations are as follows:
Zoning Ordinance Waivers:
1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
2. Section 21.7.3 — disturbance of land within the buffer between commercial and residential property
(recommendation, approval)
ATTACHMENTS:
A. Location/Detail Maps
B. Applicant's Request and Justification for both Critical Slopes and Buffer Disturbance
C. Open Space Map ?
D. Excerpt from Review by Jonathan Sharp, Engineer