HomeMy WebLinkAboutSDP200700065 Legacy Document 2007-08-171 pF AL
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 07 -065: Lewis and Clark
Staff: David Pennock, Jonathan Sharp, Allan
Exploratory Center
Schuck
Planning Commission Public Hearing:
Board of Supervisors Hearing:
August 14, 2007
Not applicable
Owners: County of Albemarle and City of
Applicant: Dominion Development
Charlottesville
Resources, 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
Entrance Corridor
[Rte. 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 waivers of two of the
design requirements for parking and travelways in
the Development Areas, which require these areas
to be hard - surfaced and constructed with curb and
gutter
Character of Property: This property is currenty
Use of Surrounding Properties:
partially wooded, with several grassed meadow
Adjacent to the Rivanna River and
areas. The site is bordered by the Rivanna River
Trevillians Creek with some residential
and Trevillians Creek travels through a portion the
property beyond, both in the County
site. Much of the area adjacent to the proposal is in
and in the City
flood -plain and stream buffer.
Factors Favorable: (see report)
Factors Unfavorable: (see report)
RECOMMENDATION:
Staff recommends denial of both requested waivers and the preliminary site plan.
In the event that the waivers and Special Use Permits relating to this proposal are approved,
staff recommends approval of the site plan with the conditions listed in the Staff Report.
STAFF PERSON:
PLANNING COMMISSION:
SITE PLAN:
PROPERTY OWNER:
David E. Pennock, Jonathan Sharp, Allan Schuck
August 14, 2007
SDP 07 -065: Lewis and Clark Exploratory Center
County of Albemarle and City of Charlottesville
APPLICANT: 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 two of the design requirements for parking and travelways in the Development Areas, as
specified in Sections 4.12.15(a) and 4.12.15(g) of the Zoning Ordinance, which require these areas to be
hard - surfaced and constructed with curb and gutter, respectively (Attachment Q.
CHARACTER OF AREA:
This property is currenty 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 flood -plain 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 is for an extension of the above referenced special use permit
(approval is pending).
SP 2007 -022 — This special use permit would allow the grading and fill in the floodplain that are
necessary to complete the construction of the access roads serving this site (approval is pending).
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Parks and Greenway in Urban Area 3.
REASON FOR PLANNING COMMISSION REVIEW:
This item has been called up for review of the preliminary site plan by the Planning Commission, in
accordance with Section 32.4.2.6 (Attachment D).
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As part of the preliminary site plan review, the Planning Commission must also consider two waivers
requested by the applicant. The applicant has requested a waiver from two of the design specifications
in the Zoning Ordinance:
Section 4.12.15(a) — requires that parking areas and travelways must be hard - surfaced;
Section 4.12.15(g) — requires that parking and travelways must be constructed with curb and
gutter.
The Planning Commission must act on both of these waivers as well as the review of the preliminary site
plan.
BACKGROUND:
Currently, the entrance in to Darden Towe Park from Stony Point Road [Rte. 20] is via Elk Drive. After
0.31 miles, Elk Drive widens to a boulevarded T- intersection. All of Elk Drive to that point is paved,
with curb and gutter on both sides (photos in Attachment E). Access to the proposed historic center is
via the existing lane that extends left from this intersection 0.25 miles along the river to existing soccer
fields. This lane is gravel, and does not have curb or gutter. At the turn to the parking area for these
soccer fields, the proposed access road will continue approximately 0.25 miles to the proposed new
parking area.
Stony Point Rd.
[Route 20]
The concept plan approved with the Special Use Permit indicates that the proposed access road and
parking areas will be paved. However, the phasing plan submitted with the site plan anticipates that the
proposed access road and parking will be installed as gravel. During Phase I, the infrastructure will be
constructed, including the proposed access road and one -third of the parking area (as gravel). All
building pads and remaining parking areas will be graded, but not constructed. Phase II is for the
construction of a 2,500 square foot building within the footprint of the historical center. Ultimately, in
Phase III, the building will be enlarged to 15,000 square feet, and the remainder of the parking area will
be constructed. At that time, all of the parking and the proposed new access road will be paved.
Based on the site plan that has been submitted, even after the proposed new portion of the access road
has been paved, the section between the T- intersection at Elk Drive and the new section of roadway will
remain gravel. Neither that section of roadway nor the new section will include curb and gutter. Thus,
as detailed in the following sections of the staff report, waivers of requirements from the Zoning
Ordinance are necessary for several items. The installation of the new access road and parking area as
gravel will require a waiver, even though it is anticipated to be a temporary situation. The existing
section of the access road that is currently gravel must be surfaced or a waiver must be granted. Both
portions of the access road must include curb and gutter or a waiver must be granted. Each of these
items is analyzed further below.
REVIEW OF WAIVERS 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 waivers of Section 4.12.15(a), which requires that parking
areas and access aisles must be hard - surfaced:
a. Surface materials. All parking areas consisting of four (4) or more spaces shall be surfaced. The
surface materials for parking areas and access aisles shall be subject to review and approval by the
county engineer, based upon the intensity of usage and Virginia Department of Transportation
pavement design guidelines and specifications. The county engineer may approve the use of
alternative surfaces deemed equivalent in regard to strength, durability, sustainability and long term
maintenance for the intensity of the use.
and 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 (5) 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 waivers. As a result, the applicant has requested that these
waivers 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
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,
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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(a) and 4.12.15(g). Below, an analysis of
each of the requested waivers 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 waivers.
SURFACE MATERIALS:
Engineering Analysis of Modification
The site plan is located entirely within a development area. In addition, based on the use, engineering
staff anticipates a high volume of traffic on the proposed travelways and parking areas serving the site.
Engineering staff does not recommend the usage or approval of alternative surfaces due to the intensity
of the use. Rather, staff recommends that the entire travelway and parking areas be surfaced with a
minimum 2" depth of asphalt with an appropriate base depth of stone, as is typical for sites in the
Development Areas. Due to the indeterminate time frame regarding completion, staff recommends that
this asphalt pavement be installed with the first phase of construction.
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 the waiver. The previously approved Special Use Permit
proposed asphalt surface for all new portions of the roadway and parking areas. Due to the anticipated
use and the volume of traffic generated, this standard should be applied to all portions of the access
through the site, including the portion that is currently graveled.
In addition, staff is unable to support the phased surfacing of the access roads and parking areas. The
phasing of these items is based on a number of factors, and the indeterminate timeframe for completion
could result in the roadway remaining substandard indefinitely.
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 requested the use of gravel partially as a means of achieving best practices in
stormwater management (Attachment Q. However, gravel is not considered by Albemarle County to be
a pervious material for purposes of stormwater management. Thus, the proposed material as a substitute
has not been shown to comparably meet the requirements of the ordinance.
Staff recommends denial of the waiver request regarding surface materials.
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 several portions of the
parking area. The proposed waiver request also includes relief of curb and gutter requirement for the
travelway which 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 with
Section 4.12.15(g), the County Engineer may waive or modify this requirement if deemed necessary to
accommodate SWM /BMP 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.
Curb and gutter is proposed for the new parking area provided with this project. Engineering staff has
waived the curb and gutter requirements for portions of this 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 remaining parts of this project do not drain directly to a
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SWM/BMP facility, and will be equipped with curb and gutter to direct the flow of the runoff.
Engineering staff does not recommend approval to this waiver request and recommends the use of curb
and gutter for the entire length of the travelway.
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
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.
The engineering analysis concludes that the alternative design does not equally or better serve the
purposes of the ordinance.
Staff recommends denial of the waiver request regarding curb and gutter.
REVIEW OF PRELIMINARY SITE PLAN BY PLANNING COMMISSION:
This preliminary site plan has 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 both Special Use
Permits and both requested waivers. 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 waivers of surfacing and the provision of curb and
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gutter, staff recommends denial of both waivers. Staff has reviewed the preliminary site plan for
compliance with the provisions of the Zoning Ordinance. At this time, the use and access cannot be
supported until Special Use Permits relating to both are approved. Without these actions and approval
of the necessary waivers, staff recommends denial of the preliminary site plan as submitted.
Should the Planning Commission approve both of the related Special Use Permits and the requested
waivers, staff recommends approval of the preliminary site plan with the following conditions prior to
final site plan approval:
❑ 1. Current Development Planner approval, to include:
❑ a. The proposed grading within the floodplain behind the building must be eliminated or an
additional Special Use Permit must be approved to allow the grading as shown.
112. Current Development Engineer approval, to include review of all applicable items as specified
in the Design Standards Manual, as well as:
❑ a. Erosion and Sediment Control Plan
❑ b. Stormwater Management Plan.
❑ c. The proposed waterline, hydrant, and waterline easements cannot be located in the
proposed biofilter.
❑ 3. Albemarle County Building Official approval, to include:
❑ a. When the Exploratory Center is enlarged to more than 12,000 sq. ft., it must be protected
with a sprinkler system.
❑ 4. Fire and Rescue Division approval, to include:
❑ a. Indicate the location of fire hydrants. Hydrants must be within 400 feet of the building by
way of a prepared travelway.
❑ b. Verify adequate fire flow is available..
❑ 5. Albemarle County Service Authority approval.
❑ 6. Architectural Review Board approval, to include Certificate of Appropriateness prior to final
site plan approval.
❑ 7. Virginia Department of Transportation approval of entrances into the site.
ATTACHMENTS:
A. Vicinity Map
B. Preliminary Site Plan
C. Applicant requests for waivers
D. Request for review by Planning Commission
E. Photos