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HomeMy WebLinkAboutSDP200700048 Staff Report 2007-06-18tl7 ;(;I^nQ' ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Crozet Gateway Center — Staff: David Pennock SDP 07 -048 Planning Commission Public Hearing: Board of Supervisors Hearing: June 19, 2007 Not applicable Owners: Yousef, LLC Applicant: Same Acreage: 1.99 Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 58, Parcel 32 and 32A By -right use: Highway Commercial, HC and Location: Located on Crozet Avenue [Route uses appropriate to Entrance Corridor, EC 2401 between Brownsville Road [Route 751 and Rockfish Gap Turnpike [Route 250] Magisterial District: Whitehall Proffers /Conditions: Requested # of Dwelling Lots: n/a DA— X RA — Proposal: Applicant requests a waiver in Comp. Plan Designation: CT -5, Urban order to disturb critical slopes for the Center within the Crozet Community construction of two commercial /office buildings totaling 29,680 square feet as well as associated parking, travelways, and reenspace. Character of Property: This property has Use of Surrounding Properties: This existing structures on it, including a property is surrounded on all sides by public convenience store with gas pumps and streets. The parcels on the opposite sides of several outbuildings. each of these streets are residential. Factors Favorable: Factors Unfavorable: 1. The quantity of critical slopes to be impacted is relatively small and appears to be at least partially man -made. 2. This project represents an infill redevelopment project that is consistent with recommendations in the Crozet Master Plan. RECOMMENDATION: Staff recommends approval to the requested waiver of Section 4.2.3 of the Zoning Ordinance. STAFF PERSON: David E. Pennock, AICP; Allan Schuck, EIT PLANNING COMMISSION: June 19, 2007 AGENDA TITLE: SDP 07 -048: Crozet Gateway Center APPLICANT /OWNER(S): Yousef, LLC APPLICANT'S PROPOSAL: This proposal is for a waiver of Section 4.2.1 of the Zoning Ordinance in order to allow the disturbance of critical slopes for purposes of construction of 2 buildings totaling 29,680 square feet for commercial and office use on 1.99 acres zoned HC Highway Commercial and EC Entrance Corridor. The property, described as Tax Map 56, Parcels 32 and 32A is located in the Whitehall Magisterial District in the northeast corner of the intersection of Route 240 (Brownsville Road) and Route 250 (Rockfish Gap Turnpike). COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as part of the Crozet Community, with recommended CT -5, Urban Center land use. REASON FOR PLANNING COMMISSION REVIEW: This proposal is a by -right site plan, and so would typically be reviewed and approved administratively. However, the applicant has requested a waiver of Ordinance requirements for disturbance of critical slopes, in accordance with Section 4.2.5. PLANNING AND ZONING HISTORY: VA 1978 -041, VA 1981 -043, VA 1988 -050, VA 1998 -010 — Four variances have previously been approved on this site relating to the locations of various items on the site. The most recent approval was for the location of the canopy over the gas pumps. CRITICAL SLOPES WAIVER 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 .03 acres, or 1.5 percent, of the 1.99 acres included in this request. This request is to disturb 0.03 acres, or 100 percent, of the on -site critical slopes and 70 percent of the critical slopes in the right -of -way. The critical slopes in the area of this request were not created through any previously approved site plans on file with the County and are thus not considered to be exempt. 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 Crozet Master Plan is the primary tool used by staff to identify significant resources within the Crozet Community. The green infrastructure map indicates that the site is not part of a recommended greenway or natural area. However, the frontage along Crozet Avenue [Route 240] includes a recommended "scenic byway tree buffer ". A buffer is proposed, including seven large trees, seven ornamental trees, and shrubs. Additional aesthetic concerns regarding this proposal have been addressed through review by the Architectural Review Board. A Certificate of Appropriateness is required prior to approval of the final site plan. Section 4.2.5(a) Review of the request by Current Development Engineering staff: The engineering analysis of the request follows: Description of critical slope area and proposed disturbance: The critical slope area within TMP 56 -32 and 56 -32A and VDOT right of way, appears to be both natural slopes and man -made slopes. The proposed critical slope disturbances are in the form of site plan construction; travelways, parking spaces, and stormwater management facilities. Areas Acres Total acreage of site plan 1.99 acres on -site: 0.10 acres in R/W Critical slopes 0.03 Acres on -site 1.51% of total site area 0.10 Acres in R/W Critical slopes disturbed 0.03 Acres on -site 100% of on -site critical 0.07 Acres in R/W slopes 70% of R/W critical slopes Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed: 1. "movement ofsoil and rock ": Proper slope construction, control of drainage, and vegetative stabilization with approved erosion control measures constructed within the standards of Virginia Erosion and Sedimentation Control Regulations will prevent any movement of soil. 2. "excessive stormwater run- off ": Stormwater runoff will be controlled by the drainage / stormwater management plan required for this site. 3. "siltation of natural and man -made bodies of water ": Engineering staff recognizes the proposed design as an attempt to provide access to the site with minimal disturbance to the critical slope areas. 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 ": This site is visible from the neighboring properties. The site is visible from State Route 250. It appears that some loss of aesthetic resources will be necessary with the proposed plan. 5. "septic effluent ": Septic systems or drainfields are not proposed in this project. This site is accessible to the public sanitary sewer system. 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, there are no engineering concerns which prohibit the disturbance of the critical slopes as shown on the plans. 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) Based on the engineering analysis presented above, the proposed design will not negatively impact the community. In addition, many of the slopes on the site appear to have been created through the improvement of streets adjacent to the site. 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. 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 in the Development Areas and is recommended for CT -5, Urban Center uses as shown on the Crozet Master Plan. Recommended uses in the Master Plan for the site include uses similar to those proposed by the applicant. This design also includes the provision of a recommended scenic byway buffer and will require approval of design by the Architectural Review Board. Thus, this plan appears to represent a redevelopment opportunity that is in conformance with the recommendations of the Crozet Master Plan. RECOMMENDATION: The engineering analysis of the proposed design concludes that the applicant has attempted to minimize the disturbance to critical slopes on the property. The proposed design represents an infill redevelopment project that appears to be consistent with recommended use of the property. In addition, the quantity of critical slopes that will be impacted by this project is fairly small, and appears to be at least partially man -made. Staff recommends approval to the requested waiver of Section 4.2.3 of the Zoning Ordinance. ATTACHMENTS: A. Location/Detail Maps B. Site Plan C. Applicant's Request and Justification D. Crozet Master Plan Green Infrastructure Map 4