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HomeMy WebLinkAboutSP201000038 Review Comments Special Use Permit 2011-07-06COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 July 6, 2011 Mr. Justin Shimp, PE Shimp Engineering, P.C. PO Box 1113 Troy, VA 22974 RE: SP- 2010 - 00038, Badger Industrial Dear Justin: Thank you for your submittal of Badger Industrial Special Use Permit Application, received 6 June 2011. Regarding your latest submittal, I have distributed the plans to all applicable agencies and I have received comments which I have provided below: Current Development • The proposal shows fill within the floodway as computed by FEMA which is not allowed by ordinance. Please reduce the limits of fill to the approved floodway line or request deferral of action on this application until the line labeled "Corrected Floodway Line Subject to FEMA Approval" on sheet 2 is adopted by FEMA. The county cannot conditionally grant a Special Use Permit within the Floodway. Please refer to the comment from the County Attorney's office below. • Comments on the floodplain model, which was first dropped off to the County on July 5th, will be provided to the applicant after a detailed review. • A waiver request to disturb critical slopes has been received. After further review, the disturbance to manmade slopes cannot be administratively waived because the slopes do not comply with Section 18- 4.2.5.b.1 since they are within County's Open Space plan. The critical slope waiver will instead be processed with the Special Use Permit. When this application is presented to the Planning Commission, the staff report will identify the need for a waiver and the Planning Commission will act on the request. If this fill is authorized by the Board of Supervisors, sediment traps, sediment basins, and diversions will be required to meet state ESC standards. On the concept plan, please indicate what further fill within the floodplain will be required temporarily to construct this plan. The Board should acknowledge the approval of incidental fill in the floodplain for ESC measures if they decide to authorize the fill. • The fill is proposed over top of an existing stream. Please consider SWM and ESC measures needed for the development when totaling the stream impacts. A condition will be recommended to the PC and BOS that the stream between the river and the proposed fill be upgraded and stabilized as part of this project, if approved. The application plan shows a parking area about twice the size that would be required in the worst case parking demand scenario. Please note that outdoor storage or display visable from Route 29 would require another Special Use Permit. If either of these uses is desired by the owner, I would recommend submitting another special use permit to be processed with the current application. County Attorney's Office (Gres Kamptner) • The scope of an SP cannot be expanded by a condition to include area that may be moved from the floodway to the floodway fringe if FEMA maps are changed at some point in the future. SP conditions address impacts; they don't expand zoning rights based on future contingencies. If the current floodway is changed to floodway fringe by FEMA in the future, the expanded area can be added by a new SP or an amendment to an existing SP. It would need to be evaluated on its own merits. Plannina (Judy Wieaand) Long -range planning staff has reviewed the resubmittal for this SP for fill in the floodplain. Elaine Echol's comments dated December 9, 2010 still apply. Staff does not recommend fill in the floodplain to allow construction of an additional building and /or parking facilities on this site. Please see Attachments D and E for more detailed Planning Comments. Zoning (Sarah Baldwin) No Objection. Architectural Review Board (Margaret Maliszewski) • On the south side of the site, the extension of grading, tree removal and parking to the west increases potential impacts to the Entrance Corridor. • Depending on its height, the new warehouse may require ARB review /approval prior to final site plan approval. • New parking that is visible from the EC will be subject to Entrance Corridor landsape and lighting requirements. Rivanna Water and Sewer Authority (Victoria Fort) No Objection. (See Attachment A) Albemarle County Service Authority (Alex Morrison) Please see Attachment C. ACSA is requesting that the existing public water and sewer lines serving the property are shown on the concept plan to confirm that grades will not affect them. VDOT (Joel DeNunzio) VDOT staff has not requested any changes. (See Attachment B) Albemarle County Fire and Rescue (James Barber) No Objection. Project must comply with the Virginia Statewide Fire Prevention Code. Final approval is subject to field inspection and verification. 2 Resubmittal, Public Hearing, Deferral, or Withdrawal Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to these comments on a resubmittal date as published in the project review schedule (the full resubmittal schedule may be found at www.albemarle.org in the "forms" section at the Community Development page), OR (2) Request a public hearing be set with the Planning Commission based on the information we have at this time. The public hearing date will be scheduled based on the date we receive this request. Please refer to the Special Use Permit and Zoning Map Amendment resubmittal schedule, available online. (3) Request indefinite deferral and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit /request a public hearing be set with the Planning Commission after the 30 day period.) (4) Withdraw your application by providing a written request to withdraw. Because the county cannot grant a special use permit for fill in the floodway, I recommend that the applicant indefinitely defer this application until the floodway amendment is approved by FEMA or until the application is revised to show the fill at the existing floodway boundary. If you choose to take the application to the Planning Commission and the Board of Supervisors, we will advise them that they have no authority to grant this special use permit as it is now presented. If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a)request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting deferral. If none of these actions is taken, staff will schedule your application for a public hearing based on the information provided with your latest submittal which was made according to the review schedule. Please feel free to contact me if you wish to meet or need additional information. I may be reached at (434) 296 -5832, x. 3072 or by e-mail: pcuster _albemarle.orq. Sincerely, ., e! L Phil Custer, PE� Civil Engineer I Attachments Attachment A — Comments from Rivanna Water and Sewer Authority, dated 11/30/2010 Attachment B — Comments from Virginia Dept. of Transportation, dated 12/3/2010 Attachment C — Comments from Albemarle Count Service Authority, dated 6/23/2011 Attachment D — Comments from Long Range Planning Division of CDD, dated 12/9/2010 Attachment E — Comments from Long Range Planning Division of CDD, dated 6/2/2011 CC: Amelia McCulley, Zoning Bill Fritz, Current Development Glenn Brooks, County Engineer Margaret Maliszewski, Design Planner H.M.C. Holdings, LLC 995 Windsor Road Charlottesville, VA 22901 -5044 ATTACHMENT A Philip Cuslor From: Victoria Fort [vfortorllanna.org] Sent: Tuesday, Novem- ber 30, 2010 11:01 AM To: Philp duster Subject: SP201000038 Badger Industrial RVJSA has reviewed the application for SP201 000038 Badger Industrial. Below is a completad copy cf the form that was provided to us by Ealne Echols for SP appil:,atiors. Please let me know Ii you need any more Information or If you have any eff.astions. Best, Victoria To be filled out by RWSA for ZMA`.s and SP's 1. Capacity issues for se ;ver that may affect this proposal Nana Known 2. Requires Rvanna Water and sewer Authority capacity certlfbation Yes X No 3. rNaler flow orpressure issues that may affect this proposal None Known E. "Pied flags" regarding service provision (Use attachments if necessary) More Known viciorie r o,A, DT Crvl: Engineer RivannaWater and :ewes Authority C95 WuTes Greek Lane Gnarlottesvllle, VA 22902 Pttone.4sa.9r /.`r's:ro ext.2us Fax: 434.29M 146 ATTACHMENT B :C0MM0NWEA=pfV1RQ1N1A DEPARTMENT OF TRANSPORTATION CHARLOTTESVILLE RESIDENCY OFFICE 701 VDOT WAY CHARLOTTESVILLE, VA 22911 Gregory A. Whirley COMMISSIO NER December 3, 2010 Mr. Bill Fritz Dept. of Planning & Community Development 401 McIntire Road Charlottesville, VA 22902 RE: Special Use Permits and Rezoning Submittals Dear Mr. Fritz: Below are VDOT's comments for the November, 2010 Rezoning and Special Use Permit applications: SP- 2010 -00032 Avon Street / Ross / AT &T CV376 Show sight distance on Woodchuck Ln, route 874 in accordance with the VDOT Road Design Manual Appendix F. SP -2010 -00033 Four Seasons Learning Center According to ITE Trip Generation code 565, 40 students will generate 179 trips per day and 64 students will generate 286 trips per day. Although the increase in proposed traffic does not meet the TIA threshold for volume alone, the County may want to consider some traffic data for parking needs or sight lines based on the history of this site. SP- 2010 -00034 Glenn A. Hall (Scott Clark) VDOT has scheduled a time to check the sight distance along route 640 at the intersection for Braxton Road and will send a follow up evaluation of the findings. SP-2010-00035,00041 Blue Ridge Swim Club (Joan McDowell) VDOT has met with the applicant to check sight distance at the entrance and some clearing will be required and a sight line easement may be required. The applicant needs to submit a plat at the intersection of the entrance to Owensville Road showing the sight lines and any needed easements for commercial sight distance. SP- 2010 - 00036, 00037 MonU Park (Scott Clark) VDOT has previously checked sight distance for this site but at a slightly different location. I believe that this location will be able to clear and obtain commercial sight distance but I suggest the applicant request that a VDOT Permit Inspector meet them at the site to ensure the location is adequate. Trip generation needs to be shown on the plan. Left and right turn lane warrants need to be submitted and if either is warranted, they need to be added to the plan. SP- 2010 -00038 Badger Industrial (Phil Custer) No comments SP- 2010 -00039 Peter Jefferson Overlook Offices (Elaine Echols) According to ITE code 710 for general office, this site should generate 486 trips per day and 109 trips during the peak hour. This site does not meet the requirements for a Chapter 527 TIA. An increase in traffic at the intersection of the private road with Route 250 may cause queuing problems at the eastbound Route 250 left turn lane. An queue analysis should be submitted for this left turn movement. SP- 2010 -00040 Clifton Lake (Glenn Brooks) VDOT Culpeper District Planning has concerns about the private road connection to Milton causing an increase in cut through traffic within this subdivision to the intersection at Route 250 because of the lack of sight distance. Planning has recommended that the county consider limiting this connection until such time that the sight distance is corrected at Route 250. ZMA -2010 00009 Republic Capital (Eryn Brennan) Recommend that this site ensures that parcel 32 -22N has adequate access to Northside Dr. if the property is to be developed. The reference in the proffers to adequate road improvements is very unclear. If you have any questions, please contact me. Sincerely, Joel DeNunzio, P.E. Staff Engineer VDOT Charlottesville Residency 7 ATTACHMENT C ALBEMARLE COUNTY COMMUNITY DENTLOPIVIE \'T — Inforination from Service Providers To be filled out by ACS A for ZILA's and SP's 1. Site is in jurisdictional area for x water x sewer muter to existing structures only not in jurisdictional area. 2. Distance to the closest water line if in the development area is (S'' D.I.P. Line Runs Through Propel feet. Water pressure is with gallons per minute at psi. a. Distance to the closest sewer line if in the development area is (12" PVC Line Runs Through Property) feet. 4. Capacity issues for sewer that may affect this proposal 5. Requires Rivanna. Water and Server Authority capacity certification Yes x No 6. Water flow or pressure issues that may affect this proposal 7. Red flags" regarding service provision (Use attachments if necessary) - ACSA will require general layout for proposed wastewater facilities to be shown on plans to ensure new grades will not affect their. Plan layout has been transmitted directly to Tustin at Shiiinp Engineering for inclusion. Contact Alexander Morrison. Civil Engineer at ACSA (434 -377 -4511 ext. 116` with any questions regarding this. From:: Philip Custer Gent Thursday, To: 'Justin Shimp, PE' Subject: Planinguommems for mP-201c-o00o GmodAftemmon Justin- Please findthu comments |necently.received from; Elaine Echols from the Planning Department at the bottom of this emu0. Please contact maif you have any questions. Thanks, Phil 29G-SS32x3O7 The area in question Is shown as an Important stream valley on theCounty's Open Space Plan wilich is part ofthe Comprehensive Plan. Such stream valleys and, in particular flood plains, are Intended to be preserved from land development. The Board of Supervisors' adoption af @j) Econornic Vitality Plan on August 4, 20.10 affirmed tile goals -for preservation ml"impo,tant natural resources ms shown below: CONSISTENCY WITH THE COMPREHENSIVE PLAN This Action Plan /s intended *o work within the guidelines and stated goals and objectives of all relevant chapters ofthe Compcmheosivo Plan, incluUin.g those listed below. While it|oredundant tompeataUne|atedsecUonyuy -thmsechap,ae within this Action Plan, it;s important tnno,e. the objectives and strategies of this plan will adhere to the important omteoUone provided in these chapters- Natural R000urceuanU[v|wm\*oocts 'Rural, Area Plun 'Land Use. Plan ]n addition, the pnemh|mx» the Plan said the following: This Action Plan is intended to translate tile purpose and Boals of the Economic Development Policy Into concrete and �nmamre able actioo�being very m|n�u/of the opmdu» adhere to already e$uWbhedgrowth management o�e�|ves and natural resource protections. For these reasons, Planning staff does not belleve tbat the proposed request for fill in the floodplain should be approved. ATTACHMENT E �oF n� 1� County of Albemarle Department of Community Development Memorandum To: Elaine Echols From: Judy Wiegand Division: Planning Date: June 2, 2011 Subject: Comments on the Badger - Powhatan SP for Fill in the Floodplain Conformity with the Places29 Master Plan The Future Land Use Map in the Places29 Master Plan shows two designations on this site. The first is Office /Research & Development (R &D)/Flex/Light Industrial, with which the proposed use is compatible. However, the east and south sides of the properly are designated Privately Owned Open Space/Environmental Features because there is a combination of natural features in these areas, including the stream, the 100 -year floodplain, and steep slopes. These features are also shown on the Places29 Parks & Green Systems Map, along with a proposed trail along the stream. As indicated on page 4 -13 of the Master Plan, examples of the only types of primary and secondary uses expected in areas designated Open Space are: public, semi- private, or private parks or recreational fields; greenways and blueways; and trails and paths. As stated on page 4 -25 of the Master Plan, "This designation on the Parks & Green Systems Map combines significant clusters and contiguous areas of steep slopes, the 100 -year floodplain, and stream buffers with larger areas of privately owned open space in existing developments.... Where this designation extends onto private property, it indicates that steep slopes are present and disturbance should be avoided." Staff believes that filling in the floodplain to provide additional parking for the proposed use is not compatible with the Places29 Master Plan. Conformity with the Economic Development Policy The County's Economic Development Policy contains several objectives and strategies that speak to the need to balance the need for economic development with preservation of natural features that contribute to the quality of life for residents and workers in the County: OBJECTIVE I: Base economic development policy on planning efforts which support and enhance the strengths of the County. STRATEGIES: 1. Protect through diligent growth management efforts the County's distinctive natural and man- made qualities to maintain its attractiveness as a place to live and work. Support those projects that meet the intent of the Neighborhood model form of development, i.e., offer a mix of uses and a balance of jobs -to- housing in our development areas. 10 2. Maintain the relationship of high quality schools and public services and an outstanding level of natural and cultural amenities to positive economic development, and maintain these attributes. OBJECTIVE IV: Consider fiscal impact as one indicator of positive economic development, along with environmental impact and standard of living impact. STRATEGY: 2. Recognize that County residents place importance on job opportunities and economic growth, but not at the expense of the protection and preservation of water quality and quantity, natural resources, farmland, historic areas, and open space. Staff Comment: Each of these objectives and strategies stresses that economic development should not take place at the expense of "distinctive natural ... qualities, » "natural ...amenities," and "water quality and quantity, natural resources, ... and open space." The stream is included among those to be protected under the Water Protection Ordinance. The stream corridor, including the steep slopes and floodplain areas, is part of a longer corridor that will eventually include a trail. An industrial use on the property is compatible with the expense Policy, but not if parking must be provided by Filling in the floodplain m order of provide parking ps in direct exp conflict with the Economic Development Policy. 11