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Home My WebLink AboutSP201200029 Staff Report 2013-01-24COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP 2012 - 00029, 5th Street Station Staff: Glenn Brooks Planning Commission Public Hearing: Board of Supervisors Public Hearing: 29 January 2013 Owner(s): New Era Properties, LLC and Avon Applicant: New Era Properties, LLC and Avon Holdings, LLC Holdings, LLC Acreage: 81.94 Special Use Permit (SP 2011 - 00011): Fill for a commercial development, under sections 30.3.03.2, 30.3.05.2.1, 30.3.05.2.2, 30.3.06, 30.3.07 of the zoning ordinance TMP: TM 76M1 -2A, 76M1 -2B, 76M1 -4A, Existing Zoning and By -right use: Rural Areas (RA) and 77 -11E Location: Northeast quadrant of Interstate 64 and Fifth Street Extended (Route 631) interchange, bounded on the east by Avon Street Extended. Access is via Bent Creek Road. Magisterial District: Scottsville Conditions: Yes Proposal: To obtain approval for fill in the Requested # of Dwelling Units: NA floodplain to build a road and a shopping center Development Area: NA Comprehensive Plan Designation: Community Service /Mixed Use - community -scale retail wholesale, business and medical offices, mixed use core communities and /or employment services, and residential (6.01 -34 units /acre) Character of Property: The majority of the site is Use of Surrounding Properties: Commercial uses undeveloped with woodlands. An access road and such as fast food restaurants are located adjacent in the the former Grand Piano warehouse building are City. Industrial and commercial uses are located both located on this property. An old landfill was adjacent to the site along Avon Street. The Willoughby located on the eastern portion of the site. residential subdivision is located nearby as well as Interstate -64. Factors Favorable: Factors Unfavorable: All impacts are contained on the property Impacts to Moores Creek floodplain Fill is not minimized RECOMMENDATION: Staff recommends approval with conditions. STAFF: Glenn Brooks PLANNING COMMISSION DATE: January 29, 2013 BOARD OF SUPERVISORS DATE: TBD SP 2012 -00029 5 1 Street Station PETITION PROJECT: SP2012- 00029, 5'h Street Station PROPOSED: Special Use Permit for fill in the floodplain of Moores Creek ZONING CATEGORY /GENERAL USAGE: PDSC SECTION: 30.3.03.2, 30.3.05.2.1, 30.3.05.2.2, 30.3.06, 30.3.07 of the zoning ordinance COMPREHENSIVE PLAN LAND USE /DENSITY: Community Service /Mixed Use- community- scale retail wholesale, business and medical offices, mixed use core communities and/or employment services, and residential (6.01 -34 units /acre) Neighborhoods 4 & 5. ENTRANCE CORRIDOR: Yes LOCATION: Northeast intersection of Interstate 64 and Fifth Street Extended (Rt 631), bounded on the east by Avon Street Extended. Access is Bent Creek Road. TAX MAP /PARCEL: TM 76M1 -2A, 76M1 -2B, 76M 4A, and 77 -11E MAGISTERIAL DISTRICT: Scottsville CHARACTER OF THE AREA Wooded hillside and floodplain bordering the city. There is an existing access road at the end of Bent Creek Road, with an existing bridge over Moores Creek. SPECIFICS OF THE PROPOSAL This proposal is to obtain approval for areas of fill alongside Moores Creek to establish travelways and parking for the proposed shopping center, and to build a connector road between Avon Street and 5`h Street. As shown in Attachment A, fill is proposed in four locations along Moores Creek. These have been numbered on the second graphic in Attachment A, where fill areas have been shaded in red. Area 1 is fill for the travelway and parking areas in the development as shown on the approved rezoning documents. Areas 2 and 3 appear to be fill alongside the connector road. It is not clear why these areas are necessary. Area 4 is fill for a stream crossing of the tributary to Moores Creek which enters the property from under Rt. 64. PLANNING AND ZONING HISTORY The western portion of the property is part of the original Willoughby farm, and in the 1960's and 1970's it was designated for a major shopping center. From 1975 -85 it was part of the Willoughby Planned Unit Development. In 1985, ZMA 85 -15 was approved with proffers, rezoning 49.377 acres to Ll. In 1989, ZMA 89 -14 was approved with proffers, adding 4.516 acres to the LI district. During the 1995 -96 review and update of the Land Use Plan, the recommendation for Industrial Service remained unchanged. In 1997 a Comprehensive Plan Amendment was requested from Industrial Service to Regional Service (the Brass, Inc. proposal, CPA 97 -05). After a series of public meetings and joint sessions with the City of Charlottesville, the Planning Commission recommended to the Board of Supervisors a designation of Community Service /Mixed Use. The Board subsequently further refined the recommended Comprehensive Plan language, and was prepared to adopt it at its September 15, 1999 meeting. Prior to the meeting, the applicant withdrew the project and the recommended language was never adopted. On July 8, 2003, a revised Comprehensive Plan Amendment (CPA 03 -02) was submitted and the Planning Commission held the first of three worksessions regarding the request. The revised request included the Avon Street and Grand Piano property, which expanded the project area by 30.48 acres. The Avon Street property was formerly the City landfill. At its meeting on September 8, 2004, the Board of Supervisors adopted Comprehensive plan language to be added to the Neighborhood 4 Profile. This property is currently designated Community Service /Mixed Use in the Comprehensive Plan. After a series of worksessions and public hearings, the Board of Supervisors approved ZMA200600009, 5th Street -Avon Center and SP200700004, 5th Street -Avon Center Parking Structure on March 12, 2008. This rezoning allowed a regional scale shopping center to be developed. CONFORMITY WITH THE COMPREHENSIVE PLAN This proposal has no bearing on the comprehensive plan use of the property. STAFF COMMENT ZONING ORDINANCE CONSIDERATIONS Regarding the applicable provisions of the Zoning Ordinance, staff notes the following; 31.6.1: Special use permits for uses as provided 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, that the character of the district will not be changed thereby, The fill in the floodplain will not change the character of the property from a land use and zoning perspective. An analysis of the affects on the floodplain shows that impacts are contained within the property. and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, The approved rezoning anticipated areas of floodplain fill to realize the zoning plan. However, it is noted that discussions during the rezoning process were careful to state that approval of the rezoning did not imply approval of future special use permits. with additional regulations provided in section 5, Section 5 does not appear applicable in this case and with the public health, safety and general welfare. The proposed fill has a negligible impact on general public health, safety or welfare. 30.3.03.2: "No development permit shall be issued for any use, structure, activity, fill, new construction, substantial improvements or other development which in the opinion of the county engineer would result in any increase in flood levels during the occurrence of a one hundred year flood discharge." According to theoretical models supplied by the applicant, the fill proposed has a negligible impact upon flood levels. In Area 1, flood levels appear to be primarily controlled by the constriction at the bridge on Bent Creek Road. Areas 2 and 3 appear to be small enough that the models cannot differentiate. Area 4 appears to be a backwater up the tributary, which does not have a significant effect on the flow capacity within Moores Creek. 30.3.05.2.1: BY SPECIAL USE PERMIT WITHIN THE FLOODWAY The following uses or activities are authorized within the floodway by special use permit: This use is not permitted within the floodway. The floodway is shown by a cross - hatching within the floodplain on the FEMA map, which is provided in attachment B for reference. The floodway, and this ordinance section, appear to apply to small portions of Areas 1 and 4; and all of Areas 2 and 3. As such, unless the floodway boundary is changed through FEMA, fill cannot be approved in areas 2 and 3. Fill could be conditionally approved in areas 3 and 4, provided it was demonstrated that no fill is within the floodway on final plans. 30.3.05.2.2: BY SPECIAL USE PERMIT WITHIN THE FLOODWAY FRINGE 1. Uses by special use permit in the floodway. 3. Landfill permit (reference 30.3.6). The portions of Areas 1 and 4 that are within the floodplain, or floodway fringe, can be permitted. 30.3.06.1 PERMIT REQUIREMENTS In addition to such conditions imposed by the board of supervisors in approval of a special use permit, a landfill permit approval by the county engineer is required for the filling of land in the floodway fringe. No permit shall be issued or approved until the site development plan for such fill of land shall have been submitted to the county engineer indicating the following requirements have been met: I...1 2. The filling of land shall be designed and constructed to minimize obstruction to and effect upon the flow of water and more particularly that: The fill in Area 4 appears excessive, and does not minimize obstruction. The plan provided shows the entire tributary filled in. This is unnecessary. The fill should be the minimum necessary to establish the road crossing, and any stormwater management as shown on rezoning plans. It is also unclear whether fill has been minimized in Areas 2 and 3, but these areas cannot be permitted with floodway anyway, so further examination of this is not necessary. a. Such fill will not, in the opinion of the county engineer, result in any increase in flood levels during the occurrence of a one hundred year flood discharge; This requirement has been met, provided FEMA approves the changes to the models. b. The flood carrying capacity of the watercourse shall be maintained; This relies on the floodway remaining undisturbed. c. No fill shall be placed in the floodway; This will be made a condition of Areas 1 and 4. 3. Fill shall be effectively protected against erosion by vegetative cover, riprap, gabions, bulkhead or other acceptable method. Any structure, equipment or material permitted shall be firmly anchored to prevent dislocation due to flooding; This has not been addressed at this time, but can be a condition for final plans. 4. Fill shall be of a material that will not pollute surface water or groundwater; This has not been addressed at this time, but can be a condition for final plans. The fill material should be clean soils, protection from scour or erosion. 5. Where in the opinion of the county engineer additional topographic, engineering and other data or studies are necessary to determine the effects of flooding on a proposed structure or fill and /or the effect of such structure or fill on the flow of water in flood stage, the county engineer shall require the applicant to submit such data or studies. This data has been provided for the fill areas. The results of this data were used to assess the impacts and changes to the floodplain. 30.3.07 AMENDMENT OF THE FLOOD HAZARD OVERLAY DISTRICT The delineation of the flood hazard overlay district may be revised, amended and modified by the board of supervisors in compliance with the National Flood Insurance Program when any of the following conditions are met: I...1 3. There are changes indicated by FEMA issuance of letters of map amendment (LOMA) or letters of map revision (LOMR). (Added 2 -5 -05) 1...I All such changes are subject to the review and approval of FEMA. Documenting changes through FEMA is a recommended condition of approval. Approval of the Special Use Permit effectively changes the Flood Hazard Overlay District subject to FEMA approval of a LOMA or LOMR. SUMMARY Staff has identified the following factors that are favorable. 1. All impacts have been kept on the property. Staff has identified the following factors that are unfavorable to this request. 1. Floodway impacts 2. Fill is not minimized. RECOMMENDED ACTION Staff recommends approval of the special use permit with the following conditions: 1. Fill in Areas 1 and 4, as shown in attachment A, must be demonstrated to be out of the floodway, or reduced as necessary to be out of the floodway. 2. Fill in Areas 2 and 3, as shown in attachment A, are not part of this approval. 3. Fill in Area 4 must be reduced to the minimum necessary to build the road and any stormwater management facilities approved with final plans. 4. Final plans and construction shall provide a stable, non - erodable surface for fill materials, subject to County Engineer approval. 5. The applicant shall obtain Program Authority approval for an erosion and sediment control plan, and obtain a land disturbance permit according to the Water Protection Ordinance requirements prior to the start of construction. 6. The applicant shall obtain all necessary federal and state agency approvals (Army Corps of Engineers, Department of Environmental Quality, etc.). 7. The applicant shall obtain Program Authority approval of a mitigation plan, and provide mitigation according to the Water Protection Ordinance. 8. The applicant shall obtain approval from FEMA for changes to the floodplain, and update the FEMA maps. ATTACHMENTS A. Attachment _A 5thStrStation annotated plan. B. Attachment B 5thStrStation FIRM ON w d w I Y FA I / LEGEND: 1 MI�W Mar a z Wp g�' w 3 (� UE- 34 � z .....: 3 � z' 0 0 z m " fill 0. REVISIONS EV MlE BY 1 1tlIM1] fERCWRIY DRX ET NOTAPPROVEDFOR CONSTRUCTION PaaECi NO.: v1zz601 cNECNEDeY: DaN J ' F DANE 6nm2 SCALE 1' =106' Y � cpo l.0: Fv6 I 1 � PROIECi: SPECIAL USE PERMIT ,1( I 5TH STREET STATION LOCATION OF SITE NORTH OF 1-04 BETWEEN STREET AVON STREET SOOTTSVLE MAGISTERIAL /': ALBEMARLE COUNTY, VA BOHLER No �— 38 SIAOKWELL PARK WNE, SURE 201 WARRENTON, VIRGINIA 20186 - Pnore: (016)91% W Fl: (.D)91 &W2A - % � / www.BOhlertn9lFlea7nA.com SIXTH 0,,� Lic. No N3176 K FLOOD PLAINT FILL EXHIBIT SNEEI NUMBE R: OF1 LIMNSTUSBANNiIFI. 160 vFAS F_OGD PLNN m DE N (ME4 -38i ACFE3) =AFI LLLLLLLLL_LLl — — PaGPFRrvuNE — — — — — — — LIMM OF DIMFI3ANCE fig} �'} Eo WAN F. 160vE41ANDEU6 �Y G vlpR ncooawN W F9 fP FEMR 100 YEAR RAID Y. Koo.p AIN S L ff OF DI31Vfi3ANCE 13 FAEI INAW AND WILL CWWGEWNX NNE FINAL SITE DMIGN 1 MI�W Mar a z Wp g�' w 3 (� UE- 34 � z .....: 3 � z' 0 0 z m " fill 0. REVISIONS EV MlE BY 1 1tlIM1] fERCWRIY DRX ET NOTAPPROVEDFOR CONSTRUCTION PaaECi NO.: v1zz601 cNECNEDeY: DaN J ' F DANE 6nm2 SCALE 1' =106' Y � cpo l.0: Fv6 I 1 � PROIECi: SPECIAL USE PERMIT ,1( I 5TH STREET STATION LOCATION OF SITE NORTH OF 1-04 BETWEEN STREET AVON STREET SOOTTSVLE MAGISTERIAL /': ALBEMARLE COUNTY, VA BOHLER No �— 38 SIAOKWELL PARK WNE, SURE 201 WARRENTON, VIRGINIA 20186 - Pnore: (016)91% W Fl: (.D)91 &W2A - % � / www.BOhlertn9lFlea7nA.com SIXTH 0,,� Lic. No N3176 K FLOOD PLAINT FILL EXHIBIT SNEEI NUMBE R: OF1 /� xe CIiY ONE AE P CHAFLOTTESVILLE CREEL[ ZONE \ \, ZONE ZONE X