HomeMy WebLinkAboutSP201000049 Review Comments Special Use Permit 2012-09-25� pF A
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County of Albemarle
Department of Community Development
Memorandum
To: Scott Clark
From: Bill Fritz
Date: September 25, 2012
Subject: SP 2010 -49 and 50 Howardsville Campground and Canoe Livery
I have reviewed the information submitted by the applicant dated August 28, 2012 received by me on September
20th.
The applicant has been informed that a site plan or site plan waiver is required for this use. The information
submitted states that they are requesting a site plan waiver. However, none of the information required for the
review of a site plan waiver has been included. All that is included in the information submitted by the
applicant is a waiver from some of the design standards for the parking areas.
For a site plan waiver the applicant must follow the procedures set out in Chapter 18, Section 32.2 and 31.8.
(Section 32.2 states that the modification is reviewed by either the Planning Commission or the Agent.
However, due to a recent Virginia Supreme Court case the Board of Supervisors must act on the request as a
Special Exception. The process for a Special Exception is provided for in Section 31.8). The full language of
those sections and Sections 32.5 and 32.6 are attached to the end of this document. Specifically, the waiver
request shall identify the details otherwise required by sections 32.5 and 32.6 that are to be waived. The
applicant must note the provisions of 325 and 32.6 he is requesting be waived. Until that information is
submitted no review of the site plan waiver can be completed.
The applicant has submitted a request for waiver from
4.12.15(a) and (g) — (a) Surface Material and (g) Curb and Gutter
4.12.17(b) — Entrance
Waivers may be approved with a finding that the public health, safety or welfare would be equally or better
served by the modification or waiver and that the modification or waiver would not otherwise be contrary to the
purpose and intent of this chapter. When waivers were processed administratively all decisions on waivers were
to be granted by the agent only after consultation with the county engineer, who shall advise the zoning
administrator whether the proposed waiver or modification would equally or better serve the public health,
safety or welfare. However, since this waiver must be acted on by the Board of Supervisors I can provide you
with my opinion prior to receiving any comments from the County Engineer. You will need to consider his
comments prior to making a recommendation to the Board of Supervisors.
This type of use, campground and canoe livery, is very seasonal in nature and will tend to see surges in use on
the weekends and holidays with significantly reduced activity at other times. Coupled with that is the nature of
the use where people will tend to come and leave their vehicle for the day as opposed to retail sites where traffic
is coming and going throughout the day. The parking areas will see limited use and with proper management it
is likely that the grass cover can be maintained. A similar operation, James River Runners, has used a grass
parking area without adverse impacts. Use of grass for the parking area will not adversely impact public health,
safety, or welfare. In fact use of natural services instead of a paved surface may be better for the stream buffer.
Based on the above I believe that use of grass may be appropriate if the County Engineer is able to support it.
As a condition of approval of the waiver some thought should be given to delineating the parking areas using
fencing and other measures such as wheel stops.
The applicant has also requested that the entrance requirements be waived. Generally, I do not support waiver
of entrance requirements. However, this site is uniquely located at the end of a road that will never be extended
nor will it have development on it that will increase traffic. Therefore, if the Virginia Department of
Transportation is able to support this request I believe it would be appropriate. Please note that granting this
waiver would also constitute granting a waiver from the provisions of Section 32.7.2.1.
During my review of the most recent information I realized that the applicant will also need a waiver from the
provisions of Section 32.7.9.7 which requires street trees adjacent to the parking lot abutting a public street, 1
tree for each 10 parking spaces and screening shrubs adjacent to the parking lot abutting a public street. The
criteria for reviewing the waiver is contained in Section 32.7.9.3. In part it states that a waiver may be granted
"if the requirement of such plan and /or improvement would not forward the purposes of this chapter or
otherwise serve the public interest; provided that such variation or waiver shall result in a plan substantially in
compliance with the approved site plan together with all conditions imposed by the commission or the agent;
and, provided further that such variation or waiver shall have no additional adverse visual impact on adjacent
properties or public areas nor otherwise be inconsistent with section 32.7.9"
32.7.9.3(c) states in part "A developer requesting variation or waiver 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." I recommend that the developer include this waiver request
with the site plan waiver.
Please be aware that the ordinance states "No variance or waiver of landscape plan shall be approved except after
notice required by section 32.4.2.5." The site plan waiver requires this notice also, reference sections 2.5 and 32.2.
32.2 WHEN SITE PLAN IS REQUIRED; WAIVER OF DRAWING OF SITE PLAN
A site plan meeting the requirements of section 32 and all other applicable regulations shall be required
as follows:
a. When required. A site plan shall be required for any construction, use, change in use or other
development in all zoning districts; provided that no site plan shall be required for the following:
1. The construction or location of any single - family detached dwelling on a lot on which not more than
two (2) dwellings are located or proposed to be located if the lot has public street frontage, or the
construction or location of one (1) dwelling unit on a lot that does not have public street frontage.
2. The construction or location of a two - family dwelling on any lot not occupied by any other dwellings.
3. Any structure that is accessory to a single - family detached or two- family dwelling.
4. Any agricultural activity except as otherwise provided in section 5.
5. Any change in or expansion of a use provided that: (i) the change or expansion does not require
additional parking under section 4.12 of this chapter; (ii) no additional ingress /egress or alteration of
existing ingress /egress is required by the Virginia Department of Transportation based on the
intensification of the use; and (iii) no additional ingress /egress or the alteration of existing ingress /egress
is proposed by the developer. (32.2.1, 1980)
b. Waiver of certain details of site plan by the commission. After providing notice as provided by
section 32.4.2.5, the commission may waive certain details of a site plan otherwise required by sections
32.5 and 32.6 in a particular case upon a finding that the details waived would not forward the purposes
of this chapter or otherwise serve the public interest; provided that no such waiver shall be made until
the commission has considered the recommendation of the agent. The agent may recommend approval,
approval with conditions, or denial of the waiver. If the agent recommends approval of the waiver with
conditions, he shall state the relationship of the recommended condition to the provisions of this section.
No condition shall be imposed which could not be imposed through the application of the regulations of
section 32. The waiver shall identify the details otherwise required by sections 32.5 and 32.6 that are
waived. (32.2.2,1980; Amended 5 -1 -87)
c. Waiver of certain details of site plan by the agent. In accordance with the procedures stated in section
2.5 of this chapter, the agent may waive certain details of a site plan otherwise required by sections 32.5
and 32.6 i£ (i) the site review committee finds that all of the details required by sections 32.5 and 32.6
are not necessary for its review of the proposed development; and (ii) the zoning administrator, in
consultation with the county engineer and the manager of zoning enforcement, finds that the details
waived are not necessary to determine that the site is developed in compliance with this chapter and all
other applicable regulations. The waiver shall identify the details otherwise required by sections 32.5
and 32.6 that are waived.
31.8 SPECIAL EXCEPTIONS
The board of supervisors reserves unto itself the authority to consider and act upon special exceptions as
follows:
a. Matters requiring a special exception. Notwithstanding any other section of this chapter:
1. Any request for a waiver, modification, variation or substitution permitted by this chapter
shall be considered and acted upon by the board.
2. Any requirement for a decision by the planning commission required by this chapter shall be
considered and acted upon by the board. For the purposes of this section, a decision by the
planning commission does not include the consideration and action by the commission on a
preliminary or final site plan under section 32 of this chapter or any action provided in section
32 enabled under Virginia Code § 15.2- 2242(1).
b. Consideration and action. In acting upon a special exception, the board shall consider the factors,
standards, criteria, and findings, however denominated, in the applicable sections of this chapter,
provided that the board shall not be required to make specific findings in support of its decision.
c. Conditions. In approving a special exception, the board may impose reasonable conditions to address
any possible impacts of the special exception.
d. Time for action. A request for a special exception shall be acted on by the board within ninety (90)
days after the date of the request, or concurrently with a zoning map amendment, special use permit, or
site plan appeal, whichever is longer.
e. Request. Each request for a special exception shall be made as provided under the applicable section
of this chapter.
32.5 PRELIMINARY SITE PLAN CONTENT
32.5.1 Sixteen (16) clearly legible blue or black line copies of a preliminary site plan shall be submitted to the department
of planning and community development. (32.3.5, 1980; Amended 5 -1 -87)
32.5.2 If revisions are necessary, seven (7) full -sized revised copies and one (1) reduced revised copy no larger than eleven
(11) inches by seventeen (17) inches shall be submitted by the revision deadline. (Added 5 -1 -87)
32.5.3 All waiver, variation and substitution requests in accordance with section 32.3. 10 shall be submitted with the
preliminary site plan and clearly state the specific items being requested for waiver, variation or substitution. (Added 5 -1-
87)
32.5.4 The preliminary site plan shall be dimensioned to the accuracy standards required in section 32.5.6.r. (Added 5 -1 -87)
32.5.5 The preliminary site plan shall be prepared to the scale of one (1) inch equals twenty (20) feet or to such scale as
may be approved by the agent in a particular case; no sheet shall exceed forty-two (42) inches by thirty -six (36) inches in
size. The preliminary site plan may be prepared on one (1) or more sheets. If prepared on more than one (1) sheet, match
lines shall clearly indicate where the several sheets join. The top of the sheet shall be approximately either north or east.
(Added 5 -1 -87)
32.5.6 The preliminary site plan shall contain the following information:
a. The name of the development; names of the owner, developer and individual who prepared the plan; tax map and parcel
number; zoning; descriptions of all variances, zoning proffers and bonus factors applicable to the site; magisterial district;
county and state; north point; scale; one datum reference for elevation (where section 30.3, flood hazard overlay district, is
involved, United States Geological Survey vertical datum shall be shown and/or correlated to plan topography); the source
of the topography; the source of the survey; sheet number and total number of sheets; date of drawing; date and description
of latest revision; owner, zoning, tax map and parcel number and present use of adjacent parcels; departing lot lines;
minimum setback lines, yard and building separation requirements; a vicinity sketch showing the property and its
relationship with adjoining streets, subdivisions and other landmarks; and boundary dimensions. (Added 5 -1 -87)
b. Written schedules or data as necessary to demonstrate that the site can accommodate the proposed use, including:
proposed uses and maximum acreage occupied by each use; maximum number of dwelling units by type; gross residential
density; square footage of recreation area, percent and acreage of open space; maximum square footage for commercial and
industrial uses; maximum number of employees; maximum floor area ratio and lot coverage if industrial; maximum height
of all structures; schedule of parking including maximum amount required and amount provided; and maximum amount of
impervious cover on the site; if a landscape plan is required, maximum amount of paved parking and vehicular circulation
areas. (Added 5 -1 -87)
c. If phasing is planned, phase lines and proposed timing of development. (Added 5 -1 -87)
d. Existing topography (up to twenty [20] percent slope, maximum five [5] foot contours, over twenty [20] percent slope,
maximum ten [10] foot contours). Proposed grading (maximum five [5] foot contours) supplemented where necessary by
spot elevations; areas of the site where existing slopes are twenty-five (25) percent or greater. Existing topography for the
entire site with sufficient offsite topography to describe prominent and pertinent offsite features and physical
characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise approved by the agent.
e. Existing landscape features as described in section 32.7.9.4.c. (Added 5 -1 -87)
f. The name and location of all watercourses and other bodies of water adjacent to or on the site. Indicate if the site is
located within a reservoir watershed. (Added 5 -1 -87)
g. Location of septic setback lines from watercourses including intermittent streams and other bodies of water. (Added 5 -1-
87)
h. One hundred year flood plain limits as shown on the official flood insurance maps for Albemarle County. (Added 5 -1-
87)
i. Existing and proposed streets, access easements, alley easements and rights -of -way, and travelways, together with street
names, state route numbers, right -of -way lines and widths, centerline radii, and pavement widths. (32.4.5, 1980; Amended
5 -1- 87,2 -6 -02)
j. Location and size o£ existing water and sanitary sewer facilities and easements; storm sewer facilities, drainage channels;
and drainage easements. (Added 5 -1 -87)
k. Proposed conceptual lay -out for water and sanitary sewer facilities and storm drainage facilities including storm
detention ponds or structures, indicating direction of flow in all pipes and watercourses with arrows. (Added 5 -1 -87)
1. Location of other existing and proposed utilities and utility easements. (Added 5 -1 -87)
m. Location of existing and proposed ingress to and egress from the property, showing the distance to the centerline of the
nearest existing street intersection. (Added 5 -1 -87)
n. Location and dimensions of all existing and proposed improvements including: buildings (maximum footprint and
height) and other structures; walkways; fences; walls; trash containers; outdoor lighting; landscaped areas and open space;
recreational areas and facilities; parking lots and other paved areas; loading and service areas together with the proposed
paving material types for all walks, parking lots and driveways; and signs. (Added 5 -1 -87)
o. All areas intended to be dedicated or reserved for public use. (Added 5 -1 -87)
p. Landscape plan in conformance with section 32.7.9 if required. (Added 5 -1 -87)
q. Where deemed appropriate by the agent due to the intensity of development, estimated traffic generation figures for the
site based upon current Virginia Department of Transportation rates. Indicate the estimated vehicles per day and direction
of travel for all connections to a public road. (Added 5 -1 -87)
r. The preliminary site plan shall be dimensioned to at least the following standards for accuracy:
1. Boundary, setback and zoning lines - one foot in one thousand (1:1,000) feet;
2. Existing contours - one -half ('h) of the contour interval required in section 32.5.6.d above;
3. Proposed contours - within five (5) feet horizontally and vertically;
4. Existing structures, utilities and other topographic features - within five (5) feet;
5. Proposed structures, roads, parking lots and other improvements - within five (5) feet. (Added 5 -1 -87)
s. The agent or the commission may require additional information to be shown on the preliminary site plan as deemed
necessary in order to provide sufficient information for the agent or the commission to adequately review a the preliminary
site plan. (Added 5 -1 -87)
32.5.7 GROUNDWATER ASSESSMENT INFORMATION
The draft groundwater management plans and aquifer testing workplans required by Albemarle County Code §§ 17 -403
and 17 -404, as applicable, shall be submitted in conjunction with the submittal of the preliminary site plan. The
requirements of Albemarle County Code §§ 17 -403 and 17 -404 shall be satisfied prior to final site plan approval.
( §32.5.7, Ord. 04- 18(4), 12 -8 -04, effective 2 -8 -05)
32.6 FINAL SITE PLAN CONTENT
32.6.1 A final site plan together with amendments thereto shall be prepared and sealed, signed and dated by an architect,
professional engineer, land surveyor, or certified landscape architect, each of whom shall be licensed to practice in the
Commonwealth of Virginia. (Added 5 -1 -87)
32.6.2 A final site plan shall be prepared on mylar, sepia or other such transparency material which shall be termed as the
master drawing. Two (2) clearly legible blue or black line copies of the master drawing shall be submitted to the department
of planning and community development. (Added 5 -1 -87) In addition, if review is required by the commission, one (1)
reduced copy no larger than eleven (11) inches by seventeen (17) inches in size shall be submitted.
32.6.3 Two (2) copies of a landscape plan shall be submitted with the final site plan if not previously submitted. (Added 5-
1-87)
32.6.4 When the site plan is ready for final approval, the full -sized revised master drawing and a transparency copy of the
master drawing shall be submitted for the agent's signature. Once the agent has signed the master drawing, he shall return
the master drawing to the developer and the developer shall submit four (4) print copies of the signed master drawing to the
agent. (Added 5 -1 -87)
32.6.5 Unless otherwise approved by the agent, the final site plan shall be prepared to the scale of one (1) inch equals
twenty (20) feet or larger or to such a scale as may be approved by the agent in a particular case; no sheet shall exceed
thirty -six (36) inches by forty -two (42) inches in size. The site plan may be prepared on one (1) or more sheets. If prepared
on more than one (1) sheet, match lines shall clearly indicate where the sheets join. The top of the sheet shall be
approximately either north or east. (Added 5 -1 -87)
32.6.6 The final site plan shall reflect conditions of approval of the preliminary site plan. The final site plan shall contain
the following information in addition to all the information required on the preliminary site plan:
a. Specific written schedules or notes as necessary to demonstrate that the requirements of this chapter are being
satisfied. In addition to preliminary site plan information, indicate if sale or rental units; number of bedrooms per
unit, and number of units per building if multi - family; specifications for recreational facilities.
b. Proposed grading (up to twenty [20] percent slope, maximum two [2] foot contours; over twenty [20] percent
slope, maximum five [5] foot contours).
c. Detailed plans for proposed water and sanitary sewer facilities, including: all pipe sizes, types and grades;
proposed connections to existing or proposed central systems; location and dimensions of proposed easements and
whether the same are to be publicly or privately maintained; profiles and cross sections of all water and sewer lines
including clearance where lines cross; all water main locations and sizes; valves and fire hydrant locations; all
sanitary sewer appurtenances by type and number; the station on the plan to conform to the station shown on the
profile and indicate the top and invert elevation of each structure.
d. Detailed construction drainage and grading plans:
1. Profiles of all ditches and channels whether proposed or existing, showing: existing and proposed
grades, and invert of ditches, cross pipes or utilities; typical channel cross sections for new construction;
and actual cross sections for existing channels intended to remain;
2. Profiles of all storm sewer systems showing existing and proposed grades;
3. Plan view of all drainage systems with all structures, pipes and channels numbered or lettered on the
plan and profile views. Show sufficient dimensions and bench marks to allow field stake out of all
proposed work from the boundary lines;
4. A drainage summary table for culverts, storm sewer and channels as described in the following
example:
Structure
Number
D scription
Length
Invert
In
Invert
out
Slope
Remarks
1
42" RCP
Class III
50'
424.50
424.00
100.00010
Provide
2, EW
2
DI -3B
L =S
426.00
432.00
-
IS -1
Top
3
PG -2A
400'
420.00
400.00
5.00010
D =12"
4
Grade Swale
200'
420.00
415.00
2.50°10
D =18"
5. A legend showing all symbols and abbreviations used on the plan;
6. General notes, typical sections, and details of all items not covered by Virginia Department of
Transportation standard drawings;
7. Flood plain limits for the one hundred year storm for all watercourses with an upstream drainage area
of fifty (50) acres or more provided that the county engineer may waive this requirement for drainage
areas of less than one hundred (100) acres upon determination that such information is unnecessary for
review of the proposed development.
e. Typical street sections together with specific street sections where street cut or fill is five (5) feet or greater;
centerline curve data; radius of curb returns or edge of pavement; location, type and size of proposed ingress to
and egress from the site; together with culvert size; symmetrical transition of pavement at intersection with
existing street; the edge of street surface or face of curb for full length of proposed street; when proposed streets
intersect with or adjoin existing streets or travel -ways, both edges of existing pavement or travelway together with
curb and gutter indicated for a minimum of one hundred (100) feet or the length of connection, whichever is the
greater distance.
f. Signature panel for department of planning and community development.
g. For all parking and loading areas, indicate: size; angle of stalls; width of aisles and specific number of spaces
required and provided, and method of computation. Indicate type of surfacing for all paved or gravel areas.
h. The final site development plan shall be dimensioned to at least the following standards for accuracy:
1. Boundary, setback and zoning lines - nearest one -one hundredth (0.01) of a foot;
2. Existing contours - one -half (' /2) of the contour interval required in section 32.6.6.b above;
3. Proposed contours - within one (1) foot horizontally and vertically;
4. Spot elevations - within one -tenth (0.10) of a foot;
5. Existing structures, utilities and other topographic features - within two (2) feet. For critical structures,
accuracy should be within one -tenth (0.10) of a foot;
6. Proposed structures, roads, parking lots and other improvements - within one hundredth (0.01) of a
foot. (Added 5 -1 -87)
i. Landscape plan in conformance with section 32.7.9. (Added 5 -1 -87)
j. Outdoor lighting information including a photometric plan and location, description, and photograph or diagram
of each type of outdoor luminaire.