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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 07 -065: Lewis and Clark
Staff: Megan Yaniglos- Senior Planner, Amy
Exploratory Center
Pflaum- Senior Civil Engineer
Planning Commission Public Hearing:
Board of Supervisors Hearing:
September 23, 2008
Not applicable
Owners: County of Albemarle and City of
Applicant: Dominion Development Resources,
Charlottesville
Inc.
Acreage: 12 acres within the 101.4 acre park
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 62, Parcel 23
By -right use: R -1, Residential, and EC,
Location: West side of Stony Point Road [Rte.
Entrance Corridor
20], 0.5 miles north of its intersection with
Richmond Road [Rte. 250]
Magisterial District: Rivanna
Proffers /Conditions: Yes
Requested # of Dwelling Lots: n/a
DA— X RA —
Proposal: Request for preliminary site plan approval
Comp. Plan Designation: Parks and
for construction of a 15,000 square foot historical
Greenway in Urban Area 3
center on approximately 12 acres within existing
Darden Towe Park, including a waiver of curb and
utter
Character of Property: This property is currently
Use of Surrounding Properties:
partially wooded, with several grassed meadow
Adjacent to the Rivanna River, Darden
areas. The site is bordered by the Rivanna River
Towe Park, and Trevillians Creek with
and Trevillians Creek travels through a portion the
some residential property beyond, both
site. Much of the area adjacent to the proposal is in
in the County and in the City
floodplain and stream buffer.
Factors Favorable: (see report)
Factors Unfavorable: (see report)
RECOMMENDATION:
Staff recommends denial of the requested waivers and the preliminary site plan.
In the event that the waiver is approved, staff recommends approval of the site plan with the
conditions listed in the Staff Report.
STAFF PERSON:
PLANNING COMMISSION:
SITE PLAN:
PROPERTY OWNER:
APPLICANT:
Megan Yaniglos, Amy Phlaum
September 23, 2008
SDP 07 -065: Lewis and Clark Exploratory Center
County of Albemarle and City of Charlottesville
Dominion Development Resources, Inc.
APPLICANT'S PROPOSAL:
This is a request for preliminary site plan approval for construction of a 15,000 square foot historical
center on approximately 12 acres within existing Darden Towe Park. The property, described as Tax
Map 62, Parcel 23, is zoned RA (Rural Areas), R -1 (Residential), and EC (Entrance Corridor) and is
located in the Rivanna Magisterial District on the west side of Stony Point Road [Rte. 20], 0.5 miles
north of its intersection with Richmond Road [Rte. 250] (Attachment A). The portion of the property
that the proposal is located within is zoned R -1. As part of the proposal, the applicant is also requesting
a waiver of the design requirements for parking and travelways in the Development Areas, as specified in
Section 4.12.15(g) of the Zoning Ordinance, which require these areas to be constructed with curb and
gutter (Attachment B).
CHARACTER OF AREA:
This property is currently partially wooded, with several grassed meadow areas. The site is bordered by
the Rivanna River and Trevillians Creek travels through a portion the site. Much of the area adjacent to
the proposal is in floodplain and stream buffer. Access to the park is proposed along an existing gravel
road that extends from the end of Elk Drive and circles around the park to the east along the Rivanna
River. This road would be extended approximately a quarter mile from where it currently ends in the
park.
PLANNING AND ZONING HISTORY:
SDP 1986 -045: Rivanna Park — This site plan was for construction of many of the current features of the
park, including most of the fields, roads, and trails.
SDP 1997 -030: Darden Towe Park, Minor Amendment — This site plan amendment was for the addition
of the overlook platform.
SP 2004 -004: Lewis and Clark Exploratory Center — A special use permit approved in January of 2006
allowed the placement of an historical center on the property.
SP 2007 -024 — This special use permit was approved for an extension of the above referenced special use
permit.
SP 2007 -022 — This special use permit was approved to allow the grading and fill in the floodplain
necessary to complete the construction of the access roads serving this site.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Parks and Greenway in Urban Area 3
REASON FOR PLANNING COMMISSION REVIEW:
This item had previously been called up for review of the preliminary site plan by the Planning
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Commission, in accordance with Section 32.4.2.6.
As part of the preliminary site plan review, the Planning Commission must also consider the waiver
requested by the applicant. The applicant has requested a waiver from one of the design specifications in
the Zoning Ordinance:
Section 4.12.15(g) — requires that parking and travelways must be constructed with curb and
gutter.
The Planning Commission must act on this waiver as well as the review of the preliminary site plan.
BACKGROUND:
This item came before the Planning Commission on November 13, 2007 (Attachment A). At that time,
two waiver requests were presented, one for curb and gutter, and the other for hard - surface material for
the parking and travelways. At the meeting, the item was deferred so that the applicant could revise the
plan to address engineering's concerns for the proposed waivers. The applicant has since revised the plan
so that the waiver for hard - surface is no longer needed. The applicant anticipates that the new
development will generate 200 trips per day on the access road, Engineering is in general accord with this
prediction. Per VDOT's Pavement Design Manual, 6 -inch prime and doubleseal aggregate is an
acceptable design for up to 250 vehicle trips per day. Since the proposed surface for the parking lot and
travelway meet VDOT standards, no waiver is required for installation.
However, a curb and gutter waiver is required. Staff has reviewed the request for the curb and gutter
waiver and the analysis for the waiver is provided herein. The County Engineer has also provided
supplemental information concerning the waiver request [Attachment C]. At the November meeting, it
was stated by engineering staff that if the applicant wanted to show bio - swales that engineering staff
could support it in lieu of the curb and gutter, and the waiver could be granted administratively and this
item could be added to the consent agenda. However, the applicant has not shown bio - swales in all of the
required areas, and therefore, this waiver could not be granted administratively.
REVIEW OF WAIVER OF SECTION 4.12.15:
Section 4.12.15 of the Zoning Ordinance specifies the "minimum design requirements and improvement
for parking areas ". The applicant requested waiver of Section 4.12.15(g), which requires that parking
and access aisles must be constructed with 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 (S) 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.
The regulations governing the modification or waiver of requirements from this section are included in
Section 4.12.2(c), which allows these design requirements to be waived by the Zoning Administrator in
consultation with the County Engineer. However, in this case, engineering staff was unable to
administratively support the requested waiver. As a result, these waivers can be considered as part of the
preliminary site plan review by the Planning Commission, as specified in Section 32.3.10:
32.3. 10 MODIFICATION, WAIVER OR SUBSTITUTION
C
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.
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
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.
d. A developer requesting a modification, waiver, or substitution pursuant to this section shall file
with the agent a written request which shall state reasons and justifications for such request together
with such alternatives as may be proposed by the developer. Such request shall be submitted prior to
commission consideration of the preliminary or final plan, but no later than the site review
committee revision deadline. No such request shall be considered by the commission until the
commission has considered the recommendation of the agent. The agent may recommend approval,
approval with conditions or denial. A recommendation of approval or conditional approval shall be
accompanied by a statement from the agent as to the public purpose served by such
recommendation, particularly in regard to the purpose and intent of this chapter, the subdivision
ordinance, and the comprehensive plan.
e. In granting such modification, waiver or substitution, the commission may impose such conditions
as it deems necessary to protect the public health, safety or welfare.
In this case, the specific section that must be waived or modified is Section 32.7.2.7:
32.7.2.7 On -site parking and circulation shall be designed and constructed in accordance with section
4.12, off - street parking and loading requirements, subject to county engineer approval in accordance
with sound engineering practices, including but not limited to grade, drainage and paving
specifications; and agent approval of the safe and convenient vehicular circulation patterns.
For the review of these waivers, staff has considered the requirements of both of the above referenced
sections and the specific regulations listed in Section 4.12.15(g). Below, an analysis of the requested
waiver is presented, along with a presentation of the findings in Section 32.3. 10 that are necessary in
order for the Planning Commission to approve the requested waiver.
CURB AND GUTTER IN PARKING AREAS AND ALONG TRAVELWAYS:
Engineering Analysis of Modification
The applicant has requested a waiver of the construction of curb and gutter for the parking area and the
travelway. In addition, they are requesting a waiver of curb and gutter installation for the existing portion
of the travelway that provides access from Elk Drive to the building and parking area. This segment of
the travelway was built before the County Code required curb and gutter street design. In accordance
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with Section 4.12.15(g), the County Engineer may waive or modify this requirement if deemed necessary
to accommodate SWMBMP facility design. This waiver was not granted administratively.
Many of the surrounding existing travelways and parking areas within the park have curb and gutter. The
use of curb and gutter will also assist with the containment of the drainage from the travelways.
Engineering staff previously granted a waiver of the curb and gutter requirements for portions of the
proposed parking lot that drain directly to proposed biofilter (SWM/BMP) facilities. These areas are
immediately adjacent to the biofilters and will be equipped with bumper blocks. The proposed grading is
such that runoff will sheet flow and gutter is not necessary on any portion of the parking lot to direct the
flow to the proposed biofilters. The installation of curb will neither facilitate nor hinder stormwater flow
in the remaining areas of the lot. Engineering concludes that waiving the curb requirement within the
entire parking lot will equally serve the public health, safety or welfare (County Code section 18-
4.12.2.c.2) and therefore has approved the waiver in these areas.
The applicant has newly proposed a stormwater swale in lieu of curb and gutter to treat flow from the
new portion of the access road. The applicant anticipates that the swale is a better alternative to curb and
gutter as it will encourage infiltration and decrease the velocity of stormwater runoff.
For Engineering to administratively waive the requirement of curb and gutter, all new portions of the
access road must drain to and subsequently be treated by a water quality swale or another BMP. The
conceptual stormwater management plan submitted by the applicant does not provide for the swale along
all portions of the road, therefore, Engineering can not administratively waive the requirement for
stormwater purposes.
Engineering basis for not being able to recommend approval of the waiver to the Zoning Administrator is
in the Ordinance, Section 17- 312.C:
Stormwater management facilities shall be sited to capture, to the maximum extent practical, the runoff
from the entire land development area.
Curb and gutter on both sides of the road will capture stormwater and direct it to whatever BMP is
necessary to achieve the required removal rate. Allowing water to sheet flow off the road to no BMP
does not satisfy Section 17- 312.C, and does not equally serve the public welfare.
Therefore, Engineering does not recommend approval of this waiver request. Engineering recommends
the use of curb and gutter to direct runoff to a proposed BMP, or a water quality Swale on each side of
the access travelway for the entire length of the new portion.
Section 32.3.10
The necessary findings of Section 32.3. 10 are included here (in italics) with staff comment following.
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 engineering analysis presented above does not indicate any unusual circumstances or detriment to
sound engineering practices that support this waiver. Waivers have been granted administratively for
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portions of the parking areas that met this requirement. In addition, the existing development pattern
within the park and surrounding projects includes curb and gutter.
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 mentioned above the applicant has revised the plan to support the requested waiver of the curb and
gutter requirement. Engineering staff has reviewed this plan and has concluded that curb and gutter on
both sides of the road would capture stormwater and direct it to whatever BMP is necessary to achieve
the required removal rate. Thus, the engineering analysis concludes that the alternative design does not
equally or better serve the purposes of the ordinance. Engineering recommends the use of curb and gutter
to direct runoff to a proposed BMP, or a water quality swale on each side of the access travelway for the
entire length of the new portion. Staff recommends denial of the waiver request regarding curb and
gutter.
REVIEW OF PRELIMINARY SITE PLAN BY PLANNING COMMISSION:
This preliminary site plan had been requested for review by the Planning Commission, in accordance with
Section 32.4.2.5(a) of the Zoning Ordinance. This project was reviewed administratively for compliance
with the Zoning Ordinance, as well as the conditions of the Special Use Permit. This project has been
reviewed by the Site Review Committee. The applicant has worked with members of the Site Review
Committee to resolve issues presented during the initial review of the site plan. However, this proposal
cannot be approved as submitted without Planning Commission approval of the requested waiver. In
accordance with Section 32.4.2.6:
32.4.2.6
In the case of commission review, the commission shall give due consideration to the
recommendations of the site review committee, the statement of the developer in response to such
recommendations and, in the case of commission review, the comments and recommendations of the
agent. In addition, the commission may consider such other evidence pertaining to the compliance of
the preliminary site plan with the technical requirements of this chapter as it deems necessary for a
proper review of the application. In approving a preliminary site plan, the commission may determine
to review in whole or in part the final site plan.
SUMMARY OF RECOMMENDED ACTIONS:
Based on the analyses presented above relating to the waiver of curb and gutter, staff recommends denial
of this waiver. The applicant has not submitted a revised preliminary site plan reflecting the changes
shown in the submitted plan for the entrance road. Staff has previously reviewed the preliminary site plan
for compliance with the provisions of the Zoning Ordinance and the Special Use Permits. Without
approval of the necessary waiver, staff recommends denial of the preliminary site plan as submitted.
Should the Planning Commission approve the requested waiver, staff recommends approval of the
preliminary site plan with the following conditions:
Conditions:
1. The applicant submit a revised preliminary site plan showing all revisions and improvements to the
site including improvements to Elk Drive.
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ATTACHMENTS:
A. November 13, 2007 Staff Report and Meeting Minutes
B. Plan Exhibit
C. County Engineer supplemental information