HomeMy WebLinkAboutSDP200800066 Review Comments Major Amendment, Final Site Plan 2008-07-16ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP2008 -66 Hunters
Staff: Summer Frederick, Amy Pflaum
Way Major Site Plan Amendment
Planning Commission Public Hearing:
Board of Supervisors Hearing:
July 22, 2008
N/A
Owners: John or Julie Flevarakis
Applicant: John Flevarakis
Acreage: 2.187 Acres
Rezone from: N/A
Special Use Permit for: N/A
TMP: Tax Map 78, Parcel 49131
By -right use: HC- Highway Commercial,
Location: West side of Hunters Way
EC- Entrance Corridor
(Route 1146) approximately 650 feet north
of the intersection with Route 250.
Magisterial District: Scottsville
Proffers /Conditions: No
Requested # of Dwelling Units /Lots: N/A
DA RA - X
Proposal: Request for approval of
Comp. Plan Designation: Rural Areas
major site plan amendment and
in Rural Area 2
associated critical slopes waiver [Sec.
18- 4.2.5(b)]
Character of Property: The property has
Use of Surrounding Properties:
an existing brick and metal building with
Parcels averaging 2.0 acres in size,
associated parking.
zoned LI -Light Industrial and HC-
Highway Commercial, with uses
appropriate to zoning.
Factors Favorable:
Factors Unfavorable:
1. Addresses the requirements of Section
1. Denial of the critical slope waiver
18 -4.2.
would not prohibit development on
the property.
Recommendations:
Section 18- 32.4.3.6 Major Site Plan Amendment — approval with condition:
1) The Major Amendment Site Plan shall meet the requirements of Chapter 18,
Section 32.6 of the Albemarle County Code.
Section 18 -4.2.3 Waiver of critical slope restrictions — approval.
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
Summer Frederick; Amy Pflaum
July 22, 2008
SDP2008 -66 Hunters Way Major Site Plan Amendment and Critical
Slope Waiver
PROPERTY OWNER: John or Julie Flevarakis
APPLICANT: John Flevarakis
APPLICANT'S PROPOSAL:
Request for a major site plan amendment approval to construct an indoor athletic facility of 12,000
square feet on 2.187 acres, zoned HC- Highway Commercial and EC- Entrance Corridor (Attachment
C). The property, described as Tax Map 78, Parcel 49131 is located in the Scottsville Magisterial
District on Hunters Way [Route 11461 approximately 650 feet north of its intersection with State
Route 250. The Comprehensive Plan designates this property as Rural Area in Rural Area 2.
The above proposal will require disturbance of critical slopes [slopes of twenty -five (25) percent or
greater]. The applicant has filed a written request for a critical slopes waiver addressing each
concern set forth in Section 18 -4.2 as per Section 18- 4.2.5b of the Albemarle County Code
(Attachment B).
PLANNING AND ZONING HISTORY:
SDP1983 -001: Construction of an 1,995 square foot, one story office building and a 2,250 square
foot metal storage building on TMP 78 -49B, 4.09 acres.
SUB1992 -073: Subdivision of TMP78 -49B, 4.09 acres into two (2) separate lots of 1.896 acres and
2.187 acres, creating current TMP78 -49B and TMP78 -49131. Existing office building office building
located on TMP78 -49B, and existing storage building location on TMP78 -49131.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 2.
REASON FOR PLANNING COMMISSION REVIEW:
Per Section 18- 32.4.3.6, this application was called up for Planning Commission review by a member
of the Planning Commission. Additionally, approval of this application requires Planning Commission
approval of a modification of Section 18 -4.2 in order to allow disturbance of critical slopes.
DISCUSSION
REVIEW OF SITE PLAN MAJOR AMENDMENT
The major site plan amendment has been reviewed by the Site Review Committee and, if the
requested critical slope modification is granted, found to generally meet the requirements of the
ordinance. Resolution of outstanding issues will not result in a major redesigning of the plan and can
be achieved prior to final County approval.
CRITICAL SLOPES MODIFICATION
The request for a modification has been reviewed for both Engineering and Planning aspects of the
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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 application has submitted a request and justification for the waiver (Attachment B), and staff has
analyzed this request to address the provisions of the ordinance.
Critical slopes cover approximately 0.02 acres, or approximately 1.0 percent of the 2.187 acres
included in this request. The requested critical slopes to be disturbed appear to be both natural and
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 ".
A request to allow disturbance of critical slopes must be reviewed in accord with the requirements of
Section 4.2.5. This section requires a two part analysis. Section 4.2.5(a) is a review of the technical
performance standards. If these technical standards are not met the disturbance of critical slopes
cannot be approved by the Planning Commission. If these technical standards are met the Planning
Commission may then consider the disturbance of critical slopes. The criteria for the Planning
Commission's review of the disturbance of critical slopes are found in Section 4.2.5(b). Staff
presents the analysis of the request to disturb critical slopes in two parts.
Section 4.2.5(a)
Review of the technical performance standards:
Description of critical slope area and proposed disturbance:
The critical slope areas within TMP 78 -49131 contain both natural and man -made slopes. The man-
made slopes are embankments created when the existing building and parking area on the parcel
were constructed per Site Plan SDP -83 -001. The natural critical slopes exist in two areas near the
northeast corner of the site and are wooded slopes.
The critical slope disturbance is in the form of grading required for the construction of a new building
and the accompanying septic field.
Areas
Acres
Total site area
2.187
Area of natural critical
slopes
0.02
1.0% of development
Total critical slopes
disturbed
0.02
100% of critical slopes
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
"rapid and /or large scale movement of soil and rock ": The 2 areas of natural critical slopes
on this site are small and scattered. The larger area will be cut into and graded flat to
provide a location for the new building's septic field. The smaller area is up against the
property boundary with TMP 78 -49C and will be cut into to steepen an embankment,
providing for the flat area below. Particular attention will be required in this area to stabilize
the existing up -slope embankment and the proposed engineered slopes. This will be noted
in the review of the Erosion and Sediment Control Plan which has been submitted for this
project. Both critical slope areas are small and large scale movement of soil and rock is
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not anticipated to occur as a result of this construction.
2. "excessive stormwater run - off ": The applicant has submitted a Stormwater Management
Plan which is being reviewed for County compliance. Stormwater facilities are being
proposed to control the drainage generated by this site through above ground detention
and proper conveyance systems. Excessive stormwater runoff is not expected as a result
of disturbance of these critical slopes.
3. "siltation of natural and man -made bodies of water ": The applicant has submitted an
Erosion and Sediment Control Plan which is being reviewed for County compliance. The
Plan proposes measures including silt fence, storm sewer inlet protection and permanent
seeding on exposed ground during the stages of construction. These measures are
anticipated to reduce sediment -laden runoff from leaving the site. 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 ": The disturbance of the existing critical slopes with this
development does involve the removal of existing trees. This site is located within the
Entrance Corridor Overlay District, and is therefore subject to approval by the Architectural
Review Board.
5. "septic effluent ": The critical slopes disturbance is uphill from the existing and proposed
drainfields on this site. In the event of a septic system failure, any effluent which has
reached the surface will run to the parking lot of the existing building, into the storm sewer,
and to the river. The critical slopes disturbance does not affect the travel distance of septic
effluent.
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, the applicant has satisfactorily addressed the technical criteria for the
disturbance of critical slopes.
Sec. 18- 4.2.5(b):
Staff has included the provisions of Sec. 18- 4.2.5(8) here (in italics), along with staff comment on the
various provisions:
b. The commission may modify or waive any requirement of section 4.2 in a particular case upon
finding that: (Amended 11- 15 -89)
1. Strict application of the requirements of section 4.2 would not further 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)
Staff believes the portion of the critical slopes to be disturbed to construct the Reserve
Drainfield are a result of construction associated with the approved site plan of 1983, but are
not shown on a previous site plan and are therefore defined as "Natural Critical Slopes ". The
portion of critical slopes adjacent to the northern boundary line represent a small portion of the
total amount of critical slopes to be disturbed (0.02 acre). No alternative has been proposed
by the developer that would satisfy the purposes of section 4.2.
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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)
An actively used building is currently located on the property; therefore, the requirements of
section 4.2 do not effectively prohibit or unreasonably restrict the use of the property. The
waiver, however, would 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.
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).
It is staff's opinion granting the modification would not serve a public purpose of greater import
than would be served by strict application of section 4.2.
Attachments:
A - Tax Map /Location Map
B - Applicant's Request and Justification for Critical Slope Waiver
C - Site Plan