HomeMy WebLinkAboutSDP200500083 Staff Report 2007-08-14LjFtGllst4'
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 05 -083: Rio Truck
Staff: David Pennock, Allan Shuck
Repair
Planning Commission Public Hearing:
Board of Supervisors Hearing:
April 17, 2007
Not applicable
Owners: Van der Linde Housing, Inc.
Applicant: Peter Van der Linde
Acreage: 1.4 Acres
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 61 - Parcel 146
By -right use: C1 — Commercial uses with EC
Location: at the end of Rio School Lane
— Entrance Corridor overlay
approximately 370 feet east of its intersection
with Rio Road [State Route 631 ]
Magisterial District: Rio
Proffers /Conditions: No
Requested # of Dwelling Lots: N/A
DA — Yes RA —
Proposal: This proposal is for a waiver of
Comp. Plan Designation: The
Section 4.12.15(g) of the Zoning Ordinance,
Comprehensive Plan designates this property
which requires use of curb and gutter. This
as Neighborhood Service in Urban Area 2.
waiver request is in conjunction with a site
plan amendment to construct an 8,000 square
foot building to be used for truck repair.
Character of Property: This property is
Use of Surrounding Properties: The site is
partially wooded and of variable grade.
adjacent to Allied Steel, with access between
Existing structures on site have recently been
the Church of Our Savior and an office /retail
removed.
building.
Factors Favorable: (multiple — see report)
Factors Unfavorable: (multiple — see report)
RECOMMENDATION:
Zoning Ordinance:
Waiver or Modification of Section 32.7 — Staff recommends Denial
Approval of the Preliminary Site Plan, in accordance with Section 32.4.2.6 — Staff recommends
Denial
STAFF PERSON(S):
PLANNING COMMISSION:
ITEM:
APPLICANT /PROPERTY OWNER:
David Pennock, AICP and Allan Schuck, EIT
April 17, 2007
SDP 2005 -83: Rio Truck Repair
Van der Linde Housing, Inc.
APPLICANT'S PROPOSAL:
Request for preliminary site plan approval to allow the construction of an 8,000 square foot building to
be used for truck repair on property described as Tax Map 61, Parcel 146. The subject parcel is
approximately 1.428 acres and is zoned C -1, Commercial and EC, Entrance Corridor. This site is
located at the end of Rio School Lane (private), approximately 370 feet east of its intersection with Rio
Road [State Route 631]. This site is located in the Rio Magisterial District and is designated as
Neighborhood Service in Urban Area 2. (Attachment A)
BACKGROUND: With the submittal of the preliminary site plan, the applicant requested a waiver
from the agent for modification of access and design standards. The reason for this request is that the
applicant feels the existing 20 -foot wide easement is insufficient to accommodate the required 20 -foot
travelway as well as the curb and gutter along each side. 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 waivers, in accordance with section 32.3.10 and 4.12.2(d) of the
Zoning Ordinance (Attachment D). This project went to the Planning Commission on February 28, 2006
and was deferred indefinitely. At that time, the Commission requested more information regarding
existing conditions of Rio School Lane. Following the Planning Commission meeting, staff conducted
three inspections and meetings on -site with the applicant and neighbors. The proposal was modified to
include curbing and gutter on one -side. The amended plan returned to the Planning Commission on July
11, 2006. At the meeting, the applicant indicated confidence they would be able to obtain additional
easement area sufficient to construct required improvements. Again, the item was deferred indefinitely.
Since that time, all parties involved have been unable to come to an agreement regarding the provision
of any additional easement width. As such, the item has been requested for a return to the Planning
Commission for consideration. The current proposal is very similar to the original proposal; the road
details have changed, but the requested waiver is the same.
CHARACTER OF AREA:
This property is located at the terminus of Rio School Lane (private) approximately 370 feet east of Rio
Road (Route 631). Currently, there is no active use of the subject property. Some structures on the
property have recently been cleared. The surrounding area is developed with commercial uses
(convenience store and retail) adjacent to Rio Road, as well as the Church of Our Savior and an
industrial warehouse for Allied Steel along Rio School Lane. The subject property is bordered on the
east by the railroad (Attachment B).
PLANNING AND ZONING HISTORY:
None
COMPREHENSIVE PLAN:
This property is recommended for Neighborhood Service in Urban Area 2.
2
REASON FOR PLANNING COMMISSION REVIEW:
The primary requested action is approval of the preliminary site plan, in accordance with Section
32.4.2.6 of the Zoning Ordinance. As part of this review, a waiver is requested of required private street
standards (Sec. 14 -412 of the Subdivision Ordinance).
Analysis of Sec. 14 -412 of the Subdivision Ordinance and 32.3.10 of the Zoning Ordinance:
Section 32.7 of the Zoning Ordinance specifies minimum standards for improvement on sites that
require site plan review. Section 32.7.3 states: "In the case of any site plan involving multiple uses,
including multiple dwelling units, the principal means of access thereto shall conform to the standards
of the Virginia Department of Transportation, or, in the case of a private road, to the applicable
standards for private roads set forth in the subdivision ordinance."
The proposed access in this case serves multiple parcels and is considered to be a private street (Rio
School Lane). As such, it must meet subdivision street standards. These design requirements are
defined in the Subdivision Ordinance in Section 14 -412. Section 14 -412 B states that "each private
street authorized to serve non - residential uses under sections 14 -232 or 14 -233 shall satisfy Virginia
Department of Transportation standards or an alternative standard deemed adequate by the agent, upon
the recommendation of the county engineer, to be equivalent or greater than the applicable standard in
the design standards manual, so as to adequately protect the public health, safety or welfare ". Rio
School Lane does not meet Virginia Department of Transportation requirements, although the entrance
was determined by VDOT to be adequate (Attachment F). Staff has analyzed the site plan to see if an
adequate alternative standard for the private street may be approved.
County Engineering staff has analyzed the existing access to the site and has concluded that current
conditions on Rio School Lane are deficient (Attachment Q. The existing paved and gravel areas are in
poor condition, particularly in areas adjacent to the parking lots along the roadway. This has created
wash -out and erosion and impacted downstream channels between these parking areas and the subject
property. There is also an overflow of parking along the street, including the travel lanes, creating an
unsafe situation. This situation will likely be exacerbated by the large truck traffic that would be
associated with the proposed use of this site. In order to improve the access to an acceptable standard,
the roadway will need to be widened, paved, and provided with curb and gutter. This will serve to
control the existing drainage as well as the increase from this development. In addition, it will help to
more clearly define the acceptable parking areas and accommodate the movement of larger vehicles to
not only the truck repair business, but to the current Associated Steel business.
Easements from adjacent property owners will likely be required in order to facilitate this type of
construction. To the best of staff's knowledge, easements or letters of permission have not been
received from any of the affected properties. The applicant has stated: "The applicant has been
diligently attempting to finalize deeded easements from the adjoining property owners to no avail. He
has not been able to acquire the easements necessary to widen the road and provide curb and gutter to
meet ordinance requirements." (Attachment E)
Section 32.3.10 of the Zoning Ordinance allows the Planning Commission to modify or waive the
requirements of 32.7.3, as follows:
Sec. 32.3.10:
a. The commission may modify, waive, or accept substitution for any requirement of section 32.7 in a
particular case upon 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.
Community Development Staff has reviewed this request and has determined that modifying the
entrance requirements would not forward the purposes of this chapter or otherwise serve the public
health, safety or welfare. The requirement for improvement of private streets in the development
areas is consistently implemented, and is also intended to contribute to an overall system. As
mentioned in the "background" section of the report, staff has reviewed the site plan and cannot
conclude that the proposed improvements are sufficient.
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."
There are no unusual conditions on this site that prevent the development from meeting the
requirements of the Ordinance. As noted previously, the applicant has been unable to obtain
sufficient easement for the required improvements. However, staff is of the opinion that modifying
the requirements of section 32.7 would be detrimental to the orderly growth of the area. The current
plan proposes a 20 (twenty) foot wide travelway, which is the minimum standard allowed on any site.
This is not adequate for the existing or proposed truck use on the road, and does not anticipate the
resultant traffic from future redevelopment. A reduction of width in the access is inconsistent with
sound engineering practices in the development areas and is inconsistent with the neighborhood
model.
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.
The applicant has not proposed a substitute design or technique for this site. However, Engineering
staff review of the revised plan included the provision of an alternative design standard (Attachment
C) that is a significant reduction from the standards that would otherwise typically be required. These
include pulling back the proposed curb line on one side to allow greater traffic flow, more clearly
defined parking, and adequate drainage. Again, however, this would require obtaining easements
from adjoining neighbors, which the applicant has not yet been able to do.
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 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
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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.
The applicant has submitted written justifications for modifications to design standards for this site plan.
Staff and the agent reviewed the applicant's request for alternative design standards and could not
recommend approval (Attachment D).
Analysis of Section 32.4.2.6 - Review of the preliminary site plan:
The preliminary site plan has been reviewed by the Site Review Committee. Due to the engineering
concerns and the unsafe traffic conditions associated with the existing private street, as well as the
anticipated additional volume of truck traffic that would be generated by this use, staff cannot
recommend approval of this preliminary site plan as submitted.
Should the Planning Commission grant the above requested waiver or a modification, staff recommends
approval of the preliminary site plan with the following conditions:
❑ 1. The engineering review for current development needs to review and approve all applicable
items as specified in the Design Standards Manual, before recommending approval to the final
site plan.
a. Site plans to provide:
i. adequate curb radii
ii. adequate width for turning movements
iii. adequate pavement design
iv. necessary easements to allow proposed improvements
b. A copy of the recorded access easement for Rio School Lane must accompany the site
plan.
c. Please show the available sight distances at the entrance to the public street along Rio
Road. [VDOT, DSM CD -15]
d. An inter - parcel connection, or reservation for connection, should be provided at the rear
of the property
❑2. Approval by Albemarle County Service Authority approval to include construction drawings for
water service infrastructure, meters, easements.
❑3. Fire & Rescue approval is subject to field inspection and verification.
❑4. All accesses and roadways shall be designed in accordance with the current Virginia Department
of Transportation Subdivision Street Standards, The Minimum Standards for Entrances to State
Highways and the Road Design Manual;
❑5. Architectural Review Board Certificate of Appropriateness required prior to final site plan
approval.
❑6. Zoning & Current Development approval to include:
a. Provide a signature panel on the cover sheet (Planning Staff can provide appropriate
format).
b. A conservation plan checklist must be completed and incorporated into the site plan with
notes to show how any individual trees and groups of trees designated to remain will be
protected during the construction of this project. The locations of any tree protection
fencing that coincides with the limits of clearing and other methods of protection from the
checklist must be shown on the plan for clear identification during field inspections
(Conservation Plan format also available from Planning Staff).
c. Please provide specification sheets and photometric layouts for proposed new lighting.
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ATTACHMENTS:
A. Reduced Preliminary Site Plan
B. Vicinity /Aerial map
C. Letter from Engineering staff regarding on -site improvements
D. Letter from Chief of Current Development to applicant
E. Applicant's letter, justifications and photographs
F. Email from VDOT
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