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Home My WebLink AboutSDP200800003 Legacy Document 2008-07-28Lrf2C;l1�ZA ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SDP -08 -003 Crown BMW Retail Staff: Bill Fritz, Pat Lawrence and Phil Custer Parts and Service Preliminary Site Plan Planning Commission Public Hearing: July 29, Board of Supervisors Hearing: 2008 Not applicable Owners: 78 -15 — Crown Motorcar Company LLC Applicant: Mike Craddock 78 -15B and 15B1 - Ricky Lee or Donna G Baumgrardner Acreage: 3.607 Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 78, Parcels 15, 15B and 1581 By -right use: HC, Highway Commercial uses Location: allowing a broad range of commercial uses and offices. Magisterial District: Rivanna Proffers /Conditions: NA Requested # of Dwelling Lots: NA DA— X RA — Proposal: Construction of a one -story retail parts Comp. Plan Designation: Urban Mixed Use in and service building totaling 14,269 square feet and Neighborhood 3 associated parking. To allow this construction a waiver is being requested to allow disturbance of critical slopes. Character of Property: A portion of this site is Use of Surrounding Properties: This property is currently developed with the Crown Auto dealership. located in the Pantops area. Surrounding The area to the west of the existing dealership is properties are commercially developed. vacant. The vacant area will have a new building and parking area constructed on it. Factors Favorable: Factors Unfavorable: 1. Approval of the critical slopes modification 1. Approval of the critical slopes modification allows for improved access and interparcel is not necessary to allow some connection which is consistent with development of the property. neighborhood model. 2. Minimum sight distance is not provided on 2. The plan, with conditions meets the internal travelways. requirements for approval of the ordinance. RECOMMENDATION: Staff recommends approval of the modification of Section 4.2.3.2 to allow disturbance of critical slopes. STAFF PERSON: Bill Fritz, Pat Lawrence and Phil Custer PLANNING COMMISSION: July 22, 2008 AGENDA TITLE: SDP 2008 — 03 Crown BMW Retail Parts and Service Preliminary Site Plan APPLICANT: Mike Craddock PROPERTY OWNER(S): 78 -15 — Crown Motorcar Company LLC 78 -15B and 15B1 - Ricky Lee or Donna G Baumgrardner APPLICANT'S PROPOSAL: Request for Preliminary Site Plan approval for construction of a one- story retail parts and service building totaling 14,269 square feet on Tax Map 78, Parcels 15, 15B, and 15B!, containing 3.6 acres. All parcels are zoned HC - Highway Commercial and are in the EC - Entrance Corridor. The properties are located in the Rivanna Magisterial District on Richmond Road (Route 250) approximately 625 feet west direction of Stony Point Road (Route 20). The Comprehensive Plan designates these parcels as Urban Mixed Use in Urban Area 3. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Urban Mixed use in Urban Area 3. REASON FOR PLANNING COMMISSION REVIEW: Disturbance of Critical Slopes is proposed. PLANNING AND ZONING HISTORY: Various site plans and special use permits applications have been submitted and reviewed. The existing car dealership layout and display area are permitted by SDP 2003 -79 (approved February 23, 2004) and SP 98 -59 (approved January 20, 1999). STAFF REVIEW: This application has been reviewed by the Site Review Committee. It should be noted that the applicant did work with the County and VDOT on the design and location of entrances. Existing entrances will be consolidated and redesigned and result in an improved situation along Route 250. Generally, the site plan meets all requirements of the ordinance. One item remains unaddressed and staff has included a condition to address this concern. The issue is the provision of sight distance around the rear corner of the building. The required sight distance is 100 feet and as proposed approximately 30 feet of sight distance is available. The applicant has proposed the use of stop bars and a convex mirror to provide sight distance. Staff opinion is that these solutions are inadequate and has therefore not granted a modification. Sight distance can be obtained by modifying the building design, realigning the travelway (which will improve circulation) or a combination of these alternatives. The modifications necessary to obtain the required sight distance are not of a nature that should delay the review and approval of the preliminary site plan. The redesign can be adequately reviewed during final site plan review. CRITICAL SLOPES MODIFICATION 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 2 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 0.75 acres, or approximately 20% percent, of the 3.6 acres included in this request. The requested critical slopes to be disturbed 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." A request to allow disturbance of critical slopes must be reviewed in accord with the requirements of Section 4.2.5. This section requires a two part analysis. Section 4.2.5(a) is a review of the technical performance standards. If these technical standards are not met the disturbance of critical slopes cannot be approved by the Planning Commission. If these technical standards are met the Planning Commission may then consider the disturbance of critical slopes. The criteria for the Planning Commission's review of the disturbance of critical slopes are found in Section 4.2.5(b). Staff presents the analysis of the request to disturb critical slopes in two parts. Section 4.2.5(a) Review of the technical performance standards.: Description of critical slope area and proposed disturbance: The critical slope areas appear to contain man -made slopes. The critical slope disturbances are in the form of Areas Acres Total site area 3.6 Area of critical slopes (man -made & natural) Man -made = 0.74 Natural = 20.5 % of development % of development Total critical slopes area 0.74 20.5 % of development Total critical slopes disturbed 0.66 90 % of critical slopes Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed: 1. "rapid and /or large scale movement of soil and rock ": Construction of the building and other site features will most likely require a temporary increased flow down the critical slopes during a rain event. Movement of soil can be caught with an appropriate sediment trapping measure before site runoff enters the existing stormwater system. However, due to the fact that area low points exist over the proposed lower parking lot and other fill areas, erosion and sediment control will be difficult and may require a phased erosion and sediment control plan. 2. "excessive stormwater run- off ": Stormwater runoff will be controlled on site by an underground detention facility. No site runoff will run across critical slopes in the post development condition. 3. "siltation of natural and man -made bodies of water": Inspection and bonding by the County will ensure siltation control during construction. Proper stabilization and maintenance will ensure long term stability. 4. "loss of aesthetic resource ": The Open Space Plan is the primary tool used by staff in determining the presence of aesthetic resources. The critical slopes on this property are not identified in the Open Space Plan and the plan shows no resources for the site. Therefore, staff opinion is that approval of this request will not result in the loss of aesthetic resources. 5. "septic effluent ": This site is serviced by public sewer. This site does not drain into a waterway that is a public drinking water supply for Albemarle County. No portion of this site plan is located inside the 100 -year flood plain area according to FEMA Maps, dated 04 February 2005. Based on the above review, the applicant has satisfactorily addressed the technical criteria for the disturbance of critical slopes. Section 4.2.5(b) Recommendations on the findings that must be made by the Planning Commission in order to allow disturbance of critical slopes. 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) Staff can identify no public purpose to be served by granting this modification other than approval would permit development within the development areas of the County. The alternatives proposed by the applicant, as discussed above, do satisfy the purpose of section 4.2. 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 request would not prohibit development of the property. Approval of this request will 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. 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) Approval of this request allows for improved consolidation of entrance locations and interparcel connection. These design features are consistent with the neighborhood model. SUMMARY AND RECOMMENDATION: Staff review has resulted in both favorable and unfavorable findings: 4 Favorable factors: 1. Approval of the critical slopes modification allows for improved access and interparcel connection which is consistent with neighborhood model. 2. The plan, with conditions meets the requirements for approval of the ordinance. Unfavorable factors: 1. Approval of the critical slopes modification is not necessary to allow some development of the property. 2. Minimum sight distance is not provided on internal travelways. Staff opinion is that the favorable factors outweigh the negative factors and therefore staff recommends approval of a waiver of Section 4.2.3.2 to allow activity on critical slopes. PLANNING COMMISSION ACTION: Staff recommends the Commission approve a a waiver of Section 4.2.3.2 to allow activity on critical slopes with no conditions. Additional comment: If the Planning Commission approves the critical slopes waiver staff will administratively approve the site plan subject to the following conditions. The commission does not need to act on the preliminary site plan. RECOMMENDED CONDITIONS: The Current Development Division shall not accept submittal of the final site plan for signature until tentative final approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions have been met: ❑ 1. The Final Site Plan shall meet the requirements of Chapter 18, Section 32.6 of the Albemarle County Code ❑ 2. Current Development Planner approval to include: ❑ a. Landscape plan ❑ b. Lighting plan ❑ C. All necessary easements for access. ❑ d. Plat combining Tax Map 78, Parcels 15B and 15B 1 ❑ 3. Current Development Engineer approval to include: ❑ a. Provision of minimum 100 feet of sight distance for all travelways. ❑ b. All necessary easements for construction and maintenance of walls, slopes and drainage improvements. ❑ 4. Albemarle County Building Official approval. ❑ 5. Albemarle County Service Authority Approval to include: ❑ a. Water and Sewer plans. ❑ b. Agreements for activity within existing or proposed utility easments and on Service Authority property. ❑ 6. Fire and Rescue Division approval to include: ❑ a. Adequacy of fire flow. ❑ b. Location of Fire Hydrants. ❑ 7. Architectural Review Board approval. ❑ 8. Virginia Department of Transportation approval of entrances. ATTACHMENTS: A. Site Plan B. Location/Detail Maps ATTACHMENT A ri 4[, 7 SITE PLAN No ME WE amp I 0 z mQ D z In F- JU (YO)c O�- r� -j nt a4 0 ir r - ------ ------ WE 26 . Tol T I V ------ ---- -- r LEQ3f 7 SITE PLAN No ME WE amp I 0 z mQ D z In F- JU (YO)c O�- r� -j nt a4 0 ir r - ------ ------ WE 26 V ------ ---- -- 7 SITE PLAN No ME WE amp I 0 z mQ D z In F- JU (YO)c O�- r� -j nt a4 0 ATTACHMENT A ® r�u6gKS er Lir f is • Q o II 5Ay fI q IF ;: � ' �� - ..- I � :,' "•I-� �I i `� � I �� I 14 ��i � tl °c�A IF it F i _..•z 9 0 i ea"` 01l y Y oOwR: i c 1 fi Y - - ; � - i I I I i Y�S.n '.. '- , _ '� :�_... � .III �• u I �lii 'ik 1 - L — �,f£�', Wi u I 0a n - f �Q / F p o C81W Rlvtint: m J U0� ijg 37 Q T t — 05 m0b -_- o suET Ilu � as ucavnc tb� omlxi L wo �� ' t • ccau �m ar xe�n F� Fours wx. wrt wc.c s�cei. x F GRADING 6 t PLAN �ds� _ 9 a,. y 7 ! � a - �RZ�Bl00u3 1 J lip �_' 8 ATTACHMENT B