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HomeMy WebLinkAboutWPO200600075 Staff Report 2007-08-13��F arm �ti dry C r ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Town and Country, Phase II Staff: David Pennock, Jonathan Sharp — W PO 06 -75 Planning Commission Public Hearing: Board of Supervisors Hearing: December 12, 2006 Not applicable Owners: Albemarle Hotel, LLC Applicant: Hurt Investment Co. Acreage: 16.190 acres (approximately) Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 78, Parcels 9 (and 11) By -right use: Highway Commercial uses with Location: Will connect Olympia Drive (Rte. Entrance Corridor overlay restrictions #1770) and Town and Country Drive (Under Construction) Magisterial District: Rivanna Proffers /Conditions: Yes Requested # of Dwelling Lots: N/A DA — Yes RA — No Proposal: Applicant requests a critical slopes Comp. Plan Designation: The waiver in order to construct road to connect Comprehensive Plan designates this property two existing road segments. as Regional Service in Urban Neighborhood 3. Character of Property: This property is Use of Surrounding Properties: Adjacent to partially wooded in the center, but has Fontana Subdivision and Guadalajara previously been cleared in several places due Restaurant (under construction). This road is to construction on adjacent properties, also in close proximity to a stretch of including the recently approved Guadalajara commercial development on Rte. 250, Restaurant. including Car Max, the Tip -Top restaurant, Kia, Freebridge Auto, and others. Factors Favorable: Factors Unfavorable: 1. This proposal represents an opportunity to 1. The Critical Resources and Open Space complete a road connection serving as an Plan designates part of this proposal as a alternative to Route 250 for portions of significant resource system. Fontana and some commercial areas. 2. The Eastern Connector Road Study has 2. This linkage may accommodate future not been completed, and this proposal may commercial development in an area be affected by the results. designated for such activity. RECOMMENDATION: Based on the uncertainty regarding alignment and the findings in the Critical Resources and Open Space Plan, staff cannot recommend approval of the requested waiver. Should the Commission make a finding that the appropriate commercial development within a designated Development Area outweighs the concerns in the Open Space Plan, staff recommends partial approval of the critical slope waiver. STAFF PERSON: I ww.le1►1 I12[01KI]u Mu I kv Eller AGENDA TITLE: APPLICANT: PROPERTY OWNER(S): David E. Pennock, AICP; Jonathan Sharp, EIT December 12, 2006 Town and Country, Phase II — WPO 06 -75 Hurt Investment Co. Albemarle Hotel, LLC APPLICANT'S PROPOSAL: Applicant requests a critical slopes waiver in order to extend a road on approximately 16.19 acres (Attachment A). The property is zoned HC, Highway Commercial and EC, Entrance Corridor. The property is described as Tax Map 78, Parcels 9 (and 11). It is located in the Rivanna Magisterial District and will connect Olympia Drive (Rte. #1770) and Town and Country Drive (Under Construction). COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Regional Services in Urban Neighborhood 3. REASON FOR PLANNING COMMISSION REVIEW: This proposal is for a road extension. The proposed layout impacts critical slopes in a number of locations, as further described below. Road construction is exempted from critical slopes regulations only if there are no alternative alignments. In this case, there are no subdivision or site plans currently under review. In addition, the Pantops Master Plan will likely incorporate an "Eastern Connector" road extension, although the alignment has not been conclusively set. Portions of this project may be incorporated in to the "Eastern Connector ", as discussed further later in this document. PLANNING AND ZONING HISTORY: This property formerly included many parcels along Route 250, with extensive activity, including SP 00 -032 — Free Bridge Auto Sales and SP 02 -027 — Kia Auto. The most relevant history to this property involves the construction of the first phase of Town and Country Drive: SDP 05 -059 — Town and Country Phase I, and Guadalajara Restaurant Preliminary Site Plan WPO 05 -099 — Road Construction Plans associated with above plan SDP 05 -128 — Final Site Plan for Guadalajara Restaurant SUB 05 -328 — Subdivision to separate out Guadalajara site CRITICAL SLOPES WAIVER A modification to allow critical slopes disturbance is necessary before the preliminary plat can be approved by the Planning Commission. 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 6.1 acres, or 38 percent, of the 16.1 acres included in this request. This request is to disturb 3.6 acres, or 59 percent, of these critical slopes. 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 include inventory maps which show all resources. The composite map 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 ". "Inventory Map 2" indicates that portions of the proposed alignment are in "Wooded Areas ". Much of this area is reflected on the "Composite Map" as "Major and Locally Important Stream Valleys and Adjacent Critical Slopes ". Based on the content of the Open Space Plan, staff opinion is that the critical slopes on this site represent a significant resource that is part of an important system. Section 4.2.5(a) Description of the project, critical slope area, and proposed disturbance: This project is proposing the extension of Olympia drive to connect with the recently approved Town & Country Lane (Phase I). Town and Country Lane will connect with Rte 250; therefore creating a new connector road to Rte 250 for the residents of Fontana. The critical sloped areas of the site are mainly wooded and run to a stream on the northern border of the parcel (TMP 78 -09). The proposed disturbance areas will include the Olympia Road extension, grading to make the placement of the road possible, as well as Erosion Control measures such as Sediment Traps, and permanent Stormwater Facilities. Figure 1 on the following page shows the critical slope areas and the disturbed critical slopes. The summary of disturbance is as follows: Areas* Acres Total site 16.1 acres approximately Critical slopes 6.1 acres 38% of site Critical slopes disturbed 3.6 acres 59% of critical slopes *In addition, there is proposed grading on adjacent parcel TMP 78 -11 to connect the road to the existing (and currently under construction) Olympia Drive. There is a small area of critical slopes (around 5000 square feet) which is proposed to be disturbed (See Figure 2 on the following page.). Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: This disturbance is not exempt. In several area, the road can be moved further away from the stream. Its current location is to allow for more development between the new road and Rte 250. Compliance with Zoning Ordinance 18 -4.2: "movement of soil and rock" Proper slope construction, control of drainage, and vegetative stabilization will prevent any movement of soil. "excessive stormwater runoff' Stormwater runoff will run down to the stream which borders the northern portion of the property. The stream flows into the 100 year floodplain, which begins at the very north - western tip of the property. (There is no disturbance proposed inside the limits of the 100 year floodplain.) "siltation" Inspection and bonding by the County will ensure siltation control during construction. Proper stabilization and maintenance will ensure long term stability. "loss of aesthetic resource" A significant portion of wooded area is proposed to be removed in order to put in Olympia Drive. A portion of the site north of Phase I (the Guadalajara site) was previously the site of the old Town & Country Motel. The proposed road will be visible from Wilton Farm, Avemore, and portions of Fontana. "septic effluent" Septic effluence is not an issue, as the site and areas around it are served by public sewer. Figure 1— Proposed Critical Slope Disturbance �J wp w s�aa�> Disturbed Critical Slope Undisturbed Critical Slo Proposed Road Parcel Outline Figure 2— Offsite Critical Slope Disturbance L o-ti a sr m IParced fH Disturbed Critical, Slopes on TMP 78 -11'> p do 4 N Summary of review of modification of Section 4.2.5(b): 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: 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 residential and commercial developments, and from two entrance corridors — Route 20 and Route 250. In addition, there are a large number of proposed critical slopes disturbances. Further, these slopes are part of a system, as identified on the Critical Resources Map in the Open Space Plan. This area is identified as one of the "Major and Locally Important Stream Valleys and Adjacent Critical Slopes ". Staff finds that a strict application of the requirements set forth in Section 4.2 would serve to 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 of the proposed road would be necessary. Beginning at the eastern end of this parcel, the construction of the roadway closest to existing Olympia Drive likely cannot avoid critical slopes disturbance. Moving west from this point, the section of the road midway between existing Olympia Drive and the Town and Country (Guadalajara) site (as illustrated on the preceding page in Figure 1) could swing closer to Route 250 and farther from the stream area. With this layout, fewer critical slopes would be disturbed. However, larger portions of developable area closer to Route 250 would be impacted by the road construction, which would limit the area left for commercial development. 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- I5 -89) This property is primarily in the Development Areas, and the proposed road will serve to link development in the area as an alternative to Route 250. As discussed in the previous section, an alternative layout may impact the suitability for development of portions of the property adjacent to the Kia Auto Dealership and the Freebridge Auto Sales site. As illustrated in Figures 3 and 4 on the following page, the proposed road layout will also help define the connection where Olympia Drive tees into Town & Country Road. Engineering staff is concerned about the proposed connection. The main concern is whether or not the road configuration is the best for serving traffic in this area. Currently, a County funded study is under way to find the best possible alignment for the Eastern Connector Road. The alignment of the proposed Olympia Drive /Town & Country Road intersection is part of the study, and the study is not yet complete. The intersection may play a key role in the study, and approving the proposed layout before the study's completion may preempt, or limit the effectiveness of the study. Figure 4 illustrates the proposed Olympia Drive layout which matches a possible layout of the Eastern Connector Road. Figure 5 (following page) provides more details of the proposed layout and Figure 6 shows a possible alternative layout. Figure 3 — Current Proposal Existing Under Construction Olympia Drive Proposed ---------- NSA 7— Figure 4 — Eastern Connector Road Study and Proposed Olympia Drive glib: astern C onnector (Un' ,W,-,Olympia Drive (Pro o J ... IM Rte 250 (Existing) Parcel Outline -LM- 0 Central DA Transportation, 1 inch eqeaL's ip0q feet t pry Legend 'e' Major Intertonn a. Z -Aicor 1111erfonnkmion —T" i, Figure 5 - Proposed Layout: Beneficial if it is used primarily for traffic coming onto Rte 20 (red) from Rte 250 (in orange). However, if the majority of the traffic is going onto Rte 20 from the existing Rte 250 and Rte 20 intersection, then traffic on the proposed Olympia Drive will have to make an unnecessary stop to get onto Rte 20. Figure 6 — Alternate Layout: Beneficial if traffic is heavier on Olympia Drive going onto Rte 20 than traffic on Town & Country Road going to Rte 20. This may be the case if the Rte 20 Southern Realignment never occurs. RECOMMENDATION: Based on the uncertainty regarding alignment and the findings in the Critical Resources and Open Space Plan, staff cannot recommend approval of the requested waiver. Should the Commission make a finding that the appropriate commercial development within a designated Development Area outweighs the concerns in the Open Space Plan, staff recommends approval of the critical slope waiver for the portion of the site shown in green below. The remainder of the site should wait until the Eastern Connector Road study is complete. 7 1. .i ,y ry re�rm ser rnuo�. va.:'. tF. ss mat -z +e aanzd re_rs a,Md, a -rs Gse, FeaidenRn! NorN Fun L! Edi ffi �Dr.r , In OB t1l• hurl efineo� C0. V -eBa 5MM rrdry mo & r96S -F 8owi J, NC -8C NN GooN 4cFtemnre sorrnt W 159 -10a re & le[a W ffi eki taa —wt dB irg -t•A S -- Aa smn � �a _ 1� 5 ryryyyyyyy�� i ye! lit �_ r °i MMIa Nmreiai NolN L.LC ss[d SrWeeRV TJr YB-Po.9 YYr Wlny.le Hefei LLC ry Ye- PU.sre ➢B YEYd -! i61J0 I4a pB r539-1e} �� �w..d�HL -sL m u_tsz a era Me I1ndY a eWe 3ary¢ ae rues -sz deer -sss ess -au - Yoea xc -ac d� a Recommend Deferral re �6r euia� a >e �} .t as Recommend Approval nn s{. "e�i"x.0 � r ssr°s"' xowa Hr -er emr&uw."1 wM'.r'_'"...:i. u Wig Proposed Road Layout x- I- A�Ammd Rm6 Ypt 5 Vsria6u rtEN M ]6e._ _ 7 1. ATTACHMENTS: A. Road Layout Plans B. Location/Detail Maps C. Applicant's Request and Justification D. Open Space Map E. Excerpt from Review and Photos from Jonathan Sharp, Engineer