HomeMy WebLinkAboutSP200700003 Staff ReportCOUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP 2007-03 North Pointe Stream
Staff: Tamara Jo Ambler
Crossing at North Side Drive (Middle Entrance)
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
May 8, 2007
June 6, 2007
Owners: CWH Properties Limited Partnership, Violet
Applicant: North Pointe Charlottesville, LLC
Hill Associates, LLC
Acreage: 162.06 total acres
Special Use Permit for: Request for fill in the
floodplain in accordance with Section
30.3.05.2.1(2) of the Zoning ordinance
TMP: 32-20, 32-23
Existing Zoning and By -right use: PD -MC
Location: East side of Route 29 North (Seminole Trail)
Planned Development — Mixed Commercial —
across from North Side Drive.
large scale commercial uses with residential use
by special use permit (15 units/acre); FH Flood
Hazard Overlay District — agricultural,
recreational, and utility location uses which will not
pose a danger to life or property in the event of a
flood; EC Entrance Corridor Overlay District —
overlay to protect properties of historic,
architectural or cultural significance from visual
impacts of development along routes of tourist
access; all uses permitted by right in the
underlying districts
Magisterial District: Rivanna
Conditions: Yes
DA (Development Area): X
Requested # of Dwelling Units: N/A
RA (Rural Area):
Proposal: The applicant proposes to install a new
Comprehensive Plan Designation:
stream crossing within the floodplain to serve the
Neighborhood Density Residential — residential
proposed North Side Drive entrance (middle entrance)
(3-6 units/acre) and supporting uses such as
for the proposed North Pointe Community (ZMA 2000-
religious institutions and schools and other small -
009). Immediately upstream from this new crossing, the
scale non-residential uses.
applicant also proposes to place fill in the floodplain for
the construction of a portion of North Pointe Boulevard
and for the creation of a new lake.
Character of Property: The immediate vicinity of the
Use of Surrounding Properties: The properties
project area is currently wooded and undeveloped.
are located across Route 29 from the North Fork
Business Park, and are within the proposed North
Pointe Community (ZMA 2000-009).
Factors Favorable:
Factors Unfavorable:
1. No impact to adjacent properties is expected as a
1. In -stream excavation of Flat Branch to install
result of this special use permit
the new crossing is proposed. This has been
addressed through conditions of approval.
2. Detailed engineering information was not
provided for all proposed fill in the floodplain. This
has been addressed through conditions of
approval
RECOMMENDATION: Staff recommends approval with conditions.
PETITION:
PROJECT: SP 2007-03 North Pointe Stream Crossing at North Side Drive (middle entrance)
PROPOSED: To install a new stream crossing within the floodplain to serve the proposed North Side
Drive entrance (middle entrance) for the proposed North Pointe Community (ZMA 2000-009).
Immediately upstream from this new crossing, the applicant proposes to place fill in the floodplain for
the construction of a portion of North Pointe Boulevard and for the creation of a new lake.
ZONING CATEGORY/GENERAL USAGE: PD -MC Planned Development — Mixed Commercial —
large scale commercial uses with residential use by special use permit (15 units/acre) - a special use
permit does exist for residential use (SP 2002-072); FH Flood Hazard Overlay District — agricultural,
recreational, and utility location uses which will not pose a danger to life or property in the event of a
flood; EC Entrance Corridor Overlay District — overlay to protect properties of historic, architectural
or cultural significance from visual impacts of development along routes of tourist access; all uses
permitted by right in the underlying districts
SECTION: Section 30.3.05.2.1(2) of the Zoning ordinance
COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density Residential - residential (3-6
units/acre) and supporting uses such as religious institutions and schools and other small-scale non-
residential uses.
ENTRANCE CORRIDOR: Yes—X—No Location: East side of Route 29 North (Seminole Trail)
across from North Side Drive.
TAX MAP/PARCEL: 32-20, 32-23
MAGISTERIAL DISTRICT: Rivanna
CHARACTER OF THE AREA: The parcels are located on the east side of Route 29, and are across
from the North Fork Business Park, directly across from North Side Drive. Route 29 has been identified
as an Entrance Corridor by the County Zoning Ordinance. The North Fork of the Rivanna River and
several parcels associated with the proposed North Pointe Community are to the north, east and south.
The area to the north contains a mixture of low density residential, commercial, and undeveloped
properties.
SPECIFICS OF THE PROPOSAL: A special use permit is being requested for fill in the floodplain to
install a new stream crossing of Flat Branch. The new stream crossing will serve the proposed North
Side Drive entrance to the North Pointe Community from Route 29. Immediately upstream from this
new crossing, the applicant also proposes to place fill in the floodplain for the construction of a portion
of North Pointe Boulevard and the creation of a new lake. Figure 1 below shows the characteristics of
Flat Branch and the flood plain in the general area of the proposed crossing and fill.
The 2005 FEMA Flood Study and Maps included this stream in the "detailed study" and the Base Flood
Elevations were determined. According to this study the 100 -year flood elevation in the area of the
proposed crossing is base flood elevation 424. Further upstream the base flood elevation rises to an
elevation of 435 where the fill for North Pointe Boulevard will be placed, and continues to rise to
elevation 440 where the new lake is proposed.
The creation of the proposed lake will be designed to pass the 100 -year storm and therefore is not
expected to significantly impact the floodplain elevation. The addition of the fill for North Pointe
Boulevard will likely raise the floodplain slightly, but will not threaten existing or proposed development.
Detailed engineering was not provided in the application, however, to more specifically describe the
anticipated changes to the floodplain. The applicant states that the installation of the new crossing for
North Side Drive will lower the elevation of the 100 -year floodplain on the upstream side of the crossing
by 0.20 to 0.32 feet (2.4 to 3.84 inches).
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FIGURE 1 — Flat Branch and floodplain in general area of proposed fill
The precise length of the new crossing and subsequent design and treatment of the fill slopes for North
Side Drive have not yet been finalized because approval of the lane configurations for North Side Drive
have not been granted by VDOT and water quality permits have not yet been authorized by Federal
and State water quality permitting agencies for impacts to Flat Branch. The total width will depend
upon requirements associated with the provision of turning lanes, transitional tapering of pavement
width, and other design components which will be a part of the detailed road plans developed at a later
date.
Regarding the design and treatment of the fill slopes associated with the modified stream crossing, if a
longer culvert is utilized then the roadway cross section for North Side Drive will consist of the typical
vegetated 2:1 fill slopes. If a shorter culvert is utilized, then stone retaining walls will be incorporated
into the 2:1 fill slopes to shorten the slope length and provide for the necessary roadway section. The
proposed design and treatment for the fill slopes is identical to that proposed for the northernmost
entrance, approved under SP 2006-34. The slopes and the retaining walls for the middle entrance will
be visible from the Entrance Corridor to some degree, but not as visible as the slopes associated with
that northernmost entrance.
The new crossing will be located within the vegetative stream buffer for Flat Branch required by Section
17-317 of the Water Protection Ordinance. The applicant has proposed to mitigate these impacts as
required under Section of 17-322 of the Water Protection Ordinance through restoration and permanent
preservation of riparian areas along Flat Branch as part of an overall stream impact mitigation plan
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currently being developed for the cumulative impacts associated with the entire North Pointe
Community project.
PLANNING AND ZONING HISTORY:
On August 2, 2006 the Board of Supervisors approved a rezoning request for the proposed North
Pointe Community. The concept plan associated with this approved rezoning illustrates this crossing of
Flat Branch to serve as the middle of three proposed entrances from Route 29 to the proposed North
Pointe development. In addition, the concept plan associated with the rezoning illustrates a portion of
the fill for the proposed North Pointe Boulevard and a new earthen dam for a proposed lake
encroaching into the floodplain.
On February 14, 2007 the Board of Supervisors approved a special use permit request to allow fill in
the floodplain of Flat Branch for a road crossing to serve as the northernmost entrance to the proposed
North Pointe Community. That approved crossing is located on a nearby parcel approximately 0.5 mile
downstream from the current proposal.
Conformity with the Comprehensive Plan:
The Open Space and Critical Resources Plan, a component of the Comprehensive Plan, identifies this
area of the proposed stream crossing as a "major and locally important stream valley" due to the
presence of critical slopes and 100 -year floodplain for Flat Branch. The concept plan associated with
the approved North Pointe Community rezoning illustrates the proposed crossing, and the plan shows
stream valley areas around the proposed crossing as "conservation area" and calls for these areas to
remain undisturbed and protected from development beyond the construction of illustrated pedestrian
paths. In addition, the concept plan shows the stream valley areas adjacent to the proposed lake and
North Pointe Boulevard as "conservation areas".
The Stormwater Master Plan, also a component of the Comprehensive Plan, identifies this portion of
Flat Branch as "community and private use/trails", which means that the primary objective of these
stream corridors is to provide access to natural refuge and trails in proximity to developed areas.
STAFF COMMENT:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance
31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the
Board of Supervisors that such use will not be of substantial detriment to adjacent property,
The County Engineer and staff have reviewed the applicant's proposal, and generally concur that the
placement of fill in the floodplain for North Side Drive, North Pointe Boulevard, and the new lake will not
detrimentally affect adjacent properties. Changes to the floodplain are anticipated but it is expected
that these changes will be confined to the project site, and will not affect planned development or
existing development. However, insufficient engineering information was provided to more specifically
anticipate the changes to the floodplain from the fill associated with North Pointe Boulevard and the
dam for the lake. The County Engineer has conducted independent analyses to more accurately
predict the impacts to the floodplain and has revised the applicant's sketch of anticipated floodplain
impacts (Figure 2). The new lake will be an expansion of the floodplain limits. Also, there will likely be
a small buildup of water at the entrance to the proposed culvert under North Side Drive. Otherwise the
remainder of the floodplain limits should be largely unchanged. These expected changes to the
floodplain, as determined by the County Engineer, are shown in red in Figure 2 below.
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FIGURE 2 Applicant's sketch of anticipated floodplain impacts (revised by County Engineer)
The applicant proposes to excavate the stream channel to construct the stream crossing at North Side
Drive, in order to provide additional capacity and pass the 100 -year storm without raising the floodplain
elevation. The County Engineer and staff strongly discourages excavation of the stream channel to
provide greater capacity, and instead recommend that the stream channel be left undisturbed to the
extent possible. The County Engineer has addressed this concern and the outstanding engineering
issues through a number of conditions of approval, found at the end of this report.
that the character of the district will not be changed thereby and
If a longer culvert is utilized then the roadway cross section for Northwest Passage will consist of the
typical vegetated 2:1 fill slopes. If a shorter culvert is utilized, then stone retaining walls will be
incorporated into the 2:1 fill slopes to shorten the slope length and provide for the necessary roadway
section. The slopes and the retaining walls would be visible from the Entrance Corridor. The Design
Planner has requested to review the treatment of the fill slopes and the design of the retaining walls
that might be used. The Design Planner has also recommended conditions regarding the streetscape
planting associated with the stream crossing.
that such use will be in harmony with the purpose and intent of this ordinance,
The intent of the Planned Development — Mixed Commercial zoning is to permit development of large-
scale commercial areas with a broad range of commercial uses under a unified planned approach. The
Flood Hazard zoning has the purpose and intent of restricting development in the floodplain which may
result in danger to life and property, public costs for flood control measures, public costs for rescue and
relief efforts, soil erosion and sedimentation, pollution of water resources, and general degradation of
the natural and man-made environment. The purpose and intent of the Entrance Corridor Zoning is to
protect properties of historic, architectural, or cultural significance from visual impacts of development
along routes of tourist access.
Because the placement of fill in the floodplain for North Side Drive, North Pointe Boulevard, and the
new lake will not detrimentally affect adjacent properties, including existing and planned development,
the proposal is in harmony with the Flood Hazard overlay zoning. Changes to the floodplain are
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anticipated but it is expected that these changes will be confined to the project site, and will not affect
planned development or existing development.
The final design of the retaining wall, slope treatment, and streetscape planting for the crossing will be
reviewed by the Design Planner to ensure that the treatment is appropriate for the Entrance Corridor
overlay zoning.
with uses permitted by right in the district,
The creation of a stream crossing to provide access to a planned development, and the placement of fill
to create a roadway and lake as shown on the approved rezoning application plan would appear to be
in harmony with the other uses permitted by right in the district.
with the additional regulations provided in section 5.0 of this ordinance,
There are no supplementary regulations relating to the placement of fill in the floodplain in Section 5.0
of the Zoning Ordinance.
and with the public health, safety and general welfare.
Changes to the floodplain are anticipated but it is expected that these changes will be confined to the
project site, and will not affect planned development or existing development.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
1. No impact to neighboring properties is expected as a result of this special use permit.
Staff has identified the following factors which are unfavorable to this request:
1. In -stream excavation of Flat Branch to install the new crossing is proposed. This has been
addressed through conditions of approval.
2. Detailed engineering information was not provided for all proposed fill in the floodplain. This has
been addressed through conditions of approval
RECOMMENDED ACTION:
Staff recommends approval of the request with the following conditions:
1. The applicant must obtain a map revision, letter of revision, or letter of amendment as
required from the Federal Emergency Management Agency (FEMA) and copy the
County Engineer on all correspondence, since changes to the floodplain are proposed.
2. County and VDOT approval of the final lane configuration for North Side Drive over the
stream crossing with the final road plans
3. County approval of hydrologic and hydraulic computations for the dam, culvert crossing
and channels is required prior to issuance of grading permits.
4. There shall be no disturbance within 50 feet of the stream channel, exclusive of the dam,
the culvert under North Side Drive East, and walking trails. (In the Figure 2 above, the
grading shown at points 1 and 2 must be eliminated, and where proposed contours are
shown closer than 50' to the stream, such as at point 3, the grading must be pulled
back.)
5. The culvert under North Side Drive shall be an arch culvert which leaves the natural
stream channel and banks undisturbed for a minimum width of 24 feet. In the case that
VDOT does not approve the placement of footings or the arch span under North Side
Drive, box culverts may be used, subject to the approval of County staff. In this case a
minimum of two culverts with one countersunk for base stream flow shall be used, with
impacts to the FEMA floodplain equal to or better than for the arch culvert span.
6. County Engineer approval of the following:
a) The culvert and embankments for North Side Drive shall encroach a maximum of
190 feet along the stream channel.
b) The dam shall be designed with an emergency spillway (separate from the
primary spillway) which will pass the 100 year storm (base flood) under the road
which traverses the dam.
c) The dam shall allow for a continuation of the base flow in the stream.
7. Buildings and structural foundations shall be a minimum of 20 feet from the limits of the
floodplain. (This is a precautionary measure, anticipating the reaction of owners or
tenants to water levels close to buildings, such as proposed in Area 1 in Figure 2.)
8. Army Corp of Engineers, Virginia Department of Environmental Quality, and other
necessary state and federal agency approvals must be obtained prior to issuance of
grading permits.
9. Natural Resources Manager approval of a stream buffer mitigation plan prior to the
issuance of a grading permit prior to placement of any fill in the floodplain, and County
approval an erosion and sediment control plan prior to the issuance of a grading permit
for placement of any fill in the floodplain.
10. Design Planner approval of a landscape plan. The landscape plan shall be shown on
the road plans and erosion and sediment control plans submitted for North Side Drive.
The landscape plan shall include a complete planting schedule keyed to the plan and
shall provide the following:
a) Existing tree line and proposed tree line to remain, the limits of clearing and
grading, and tree protection
b) Provide an informal planting of mixed tree and shrub species and sizes to
compensate for removed vegetation, and low -growing plants to stabilize slopes in
the areas of proposed grading and tree removal. This planting shall occur
regardless of the grading proposal (DDR or KCA) chosen.
c) Provide large shade trees on the north and south side of North Side Drive, along
the sidewalk and space reserved for the sidewalk, 2 '/2" caliper minimum at
planting, 40' on center, for a minimum distance of 400' from the existing edge of
pavement of Route 29 North.
d) Planting at the stormwater detention basins shall be integrated with other
proposed planting and existing vegetation to remain, to establish an overall
integrated planting scheme.
11. Design details of the retaining walls, including column cap design, pier design, stone
finish, etc. shall be shown on the road plans and are subject to review of the Design
Planner.
ATTACHMENTS:
Attachment A - Location Map
Attachment B — Proposal from applicant
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