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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 07 -001 Martha
Staff: David Pennock, Glenn Brooks
Jefferson Hospital — Critical Slopes Waiver
Planning Commission Public Hearing:
Board of Supervisors Hearing:
March 6, 2007
Not applicable
Owners: MJH Foundation
Applicant: MJH Foundation
Acreage: 72.663
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 78, Parcel 20M
By -right use: PD -MC, Planned Development
Location: proposed access from an
Mixed Commercial uses with EC, Entrance
extension of Peter Jefferson Parkway [Route
Corridor overlay
#1140] approximately 0.5 miles from its
intersection with Richmond Road [Route
#250]
Magisterial District: Rivanna
Proffers /Conditions: Yes
Requested # of Dwelling Lots: N/A
DA — Yes RA —
Proposal: Applicant has submitted a plan for
Comp. Plan Designation: The
the relocation of the Martha Jefferson Hospital
Comprehensive Plan designates this property
campus; the current plan requires waiver for
as Office /Regional Service in Urban Areas
critical slopes disturbance.
Neighborhood 3.
Character of Property: This property is
Use of Surrounding Properties: Adjacent
partially wooded with moderately rolling
properties include the State Farm complex,
terrain. Some areas have been cleared for
the existing Outpatient Care Center, and
utilities, grading, and roadways related to
office buildings within Peter Jefferson Place.
other projects.
Factors Favorable:
Factors Unfavorable:
1. The area of critical slopes disturbance that
None Identified
is not exempted by Ordinance is relatively
small (0.5 acres).
2. The proposed project has previously been
reviewed and approved through a rezoning
and two special use permits.
RECOMMENDATION:
Staff recommends approval to the Commission of a waiver of Section 4.2.3.
STAFF PERSON: David E. Pennock, AICP; Glenn Brooks, PE
PLANNING COMMISSION: March 6, 2007
AGENDA TITLE: SDP 2007 -001 Martha Jefferson Hospital — Critical Slopes Waiver
APPLICANT: MJH Foundation
PROPERTY OWNER(S): MJH Foundation
APPLICANT'S PROPOSAL:
The applicant has submitted a request for preliminary site plan approval for construction of a new
hospital campus, consisting of a 5 -story Hospital Building, a 4 -story Parking Structure, and a one -story
Data Center/Utility Plant, totaling approximately 711,000 square feet, as well as associated surface
parking and street connections (Attachment A). The subject property is 72.66 acres zoned PDMC,
Planned Development - Mixed Commercial, and EC, Entrance Corridor, and is described as Tax Map
78, Parcel 20M. The site is in the Rivanna Magisterial District on Peter Jefferson Parkway [Route
#1140] approximately 0.5 miles from its intersection with Richmond Road [Route #250] (Attachment
B). In order to accommodate the plan as proposed, some disturbance of critical slopes is necessary.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Office /Regional Service in Urban Neighborhood 3.
REASON FOR PLANNING COMMISSION REVIEW:
This proposal is included as part of a preliminary site plan that was not called up for review by the
Planning Commission. However, the applicant has requested a waiver of Ordinance requirements to
allow disturbance of critical slopes. This requires approval of a waiver of Section 4.2 of the Zoning
Ordinance.
PLANNING AND ZONING HISTORY:
ZMA 2001 -015 — Peter Jefferson Place — Martha Jefferson Hospital — Multiple parcels were rezoned
from CO — Commercial Office to PDMC — Planned Development Mixed Commercial in order to
accommodate the relocation of the hospital campus;
A minor variation was approved for this plan in November, 2006 to allow a change in the arrangement
of the structures on site, reduce the disturbance for grading, and accommodate a water feature.
SP 01 -056 — Martha Jefferson Hospital — Special Use Permit approved to allow a parking structure
SP 01 -057 — Martha Jefferson Hospital — Special Use Permit approved to allow the location of a hospital
CRITICAL SLOPES WAIVER:
A modification to allow critical slopes disturbance is necessary before the preliminary site plan can be
approved. 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 5.29 acres, or 14 percent, of the 38.27 acres included in this request.
This request is to disturb 90 percent of these critical slopes. Some of 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.
The Open Space Plan is the primary tool used by staff to identify aesthetic resources. The maps in the
Open Space Plan (Attachment D) include inventory maps, which show all resources, and a composite
map that 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 1 ". In addition, some "Wooded Areas" are reflected on
the "Inventory Map 2 ". A portion of the property is represented as part of an "important wooded area"
on the "Composite Map ". However, the disturbance of the area reflected as "important wooded area" is
for the construction of a portion of Peter Jefferson Parkway. As such, the disturbance in that area has
been determined to be exempt, as specified in Section 4.2.6 of the Zoning Ordinance. 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.
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:
These are hillsides and areas of former grading in Peter Jefferson Place.
Areas
Acres
Total site
38.27 acres (new lot 11)
Critical slopes
5.29
14% of site
Critical slopes disturbed
Almost all
90% of critical slopes
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
Most of these disturbances are exempt because they are part of the roadway grading for Peter Jefferson
Parkway and for Willis Drive and for the stormwater management and erosion control facilities
necessary for the site. In addition, these disturbances are part of an approved rezoning application plan.
The layout of these plans is such that reasonable alternatives to these disturbances are not possible
without changes to the rezoning.
The portions of criticial slopes that are not exempt (approximately 0.5 acres) are under parking areas and
buildings. Below, each of the concerns of the Zoning Ordinance is discussed for these remaining critical
slopes.
Compliance with Zoning Ordinance 18 -4.2:
"movement of soil and rock"
The building and parking areas will replace slopes, and movement of soil should not be an issue.
"excessive stormwater runoff'
Stormwater runoff will change, as the slopes will be eliminated, and the stormwater plan will
eliminate excessive discharges.
"siltation"
Inspection and bonding by the County will ensure siltation control during construction. Since the
slopes are mostly eliminated, long term stability should not be an issue.
"loss of aesthetic resource"
Visibility from other areas of Albemarle is an issue that was addressed with the rezoning.
"septic effluent"
This neighborhood is serviced by public sewer.
Based on the review above, there are no engineering concerns which prohibit the disturbance of the
critical slopes as shown.
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:
1. 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 projects, including the State Farm complex and
other portions of Peter Jefferson Place. However, there are very few proposed critical slopes
disturbances that have not been previously approved or exempted (approximately 0.5 acres).
Further, these slopes are not part of the "important wooded area" system, as identified on the
Critical Resources Map in the Open Space Plan. Staff finds that a strict application of the
requirements set forth in Section 4.2 would not forward the purposes of this chapter and
otherwise serve the public health, safety or welfare.
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, some
significant redesign would be necessary, which may result in reduction of scale of the project.
Because the layout of the site was approved by the Board of Supervisors through a rezoning and
4
two special use permits, the granting of this waiver does not contradict the orderly development
of the area or 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)
This property is entirely within the designated Development Areas, and has been previously
reviewed by the Planning Commission and the Board of Supervisors through the rezoning and
special use permit review process.
RECOMMENDATION:
Based on the findings presented in the analysis of Sections 4.2.5(s) and 4.2.5(b) presented above, Staff
recommends approval to the Commission of a waiver of Section 4.2.3.
ATTACHMENTS:
A. Preliminary Plat
B. Location/Detail Maps
C. Applicant's Request and Justification
D. Open Space Composite Map