The URL can be used to link to this page

Home My WebLink AboutSDP201000005 Legacy Document 2010-03-10ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SDP201000005 Stone Robinson Staff: Elizabeth M. Marotta, Planner. Elementary School Baseball Field- Major Amendment Phil Custer, Engineer and Critical Slopes Waiver Request Planning Commission Public Hearing: Board of Supervisors Hearing: March 16, 2010 consent agenda) Not applicable Owners: County of Albemarle School Board Applicant: Matt Wentland, Roudabush, Gale, & Associate, Inc. Acreage: Rezone from: Not applicable Stone Robinson Property: Proposed baseball field: 0.93 acres Special Use Permit for: Not applicable Total site acreage: 20.90 Luck Stone Properties: Total Site acreage: 26.1 TMP: By -right use: Rural Areas (RA)- Stone Robinson: Tax Map 79 Parcel 23A Luck Stone: Tax Map Parcels 79- 21, 21A, 20 Location: Northwest corner of North Milton Drive and Richmond Road Magisterial District: Scottsville Proffers /Conditions: N/A Requested # of Dwelling Lots: N/A DA — RA — X Proposal: Proposal to install a Little League- sized Comp. Plan Designation: Rural Areas in baseball field and associated clearing, grading, fill, and Rural Areas 4, secondary landuse of drainage improvements. This application includes a Parks and Greenways request to modify Section 4.2.3.2 to allow disturbance of 0.33 acres (approximately 14,375 square feet) of critical slopes. Character of Property: Elementary School, Use of Surrounding Properties: Quarry, undisturbed wooded areas, and previously graded undeveloped land, Rivanna River areas. Factors Favorable: Factors Unfavorable: 1. Addresses all concerns outlined in Sec. 4.2 and 1. None identified. meets requirements of 4.2.5 2. Facilitates development of ballfield on public property, pursuant to Comprehensive Plan secondary land use recommendation of Parks / Greenways RECOMMENDATION: Staff recommends Approval of the critical slopes waiver /modification request. STAFF PERSON: Elizabeth M. Marotta, Planning Phil Custer, Engineering PLANNING COMMISSION: March 16, 2009 (consent agenda) AGENDA TITLE: Stone Robinson Elementary School Baseball Field- Major Amendment APPLICANT: Matt Wentland- Roudabush, Gale and Associates, Inc. PROPERTY OWNER(S): County of Albemarle School Board APPLICANT'S PROPOSAL: Disturb 0.33 acres of critical slopes in conjunction with the installation of a Little League sized baseball field and associated grading, fill, and drainage improvements. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Areas in Rural Areas 4, with a secondary landuse of Parks and Greenways REASON FOR PLANNING COMMISSION REVIEW: Required by Zoning Ordinance Section 4.2.5.a. PLANNING AND ZONING HISTORY: There have been a number of applications and improvements done on the property since the original site plan was approved: SUB200800243 Stone Robinson Elementary School — Easement (voided) WPO200600041 Luck Stone / Stone Robinson Waste Area SDP1997144 Stone Robinson Building and Site additions Major Amendment SUB0000989 Stone Robinson School SUB1988071 Stone Robinson School SDP1986018 Stone Robinson School Temp Trailers SDP1987057 Stone Robinson Elementary School Site Plan CRITICAL SLOPES MODIFICATION 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 A], and staff has analyzed this request to address the provisions of the ordinance. On the school property, critical slopes cover approximately 5.7 acres, or approximately 27.3% percent of the property. 0.1 acres, or 1.8% of critical slopes, are included in this request. On the Luck Stone properties, critical slopes cover approximately 9.7 acres, or approximately 37.2% of the property. Of that, 0.23 acres, or 2.3% of critical slopes, are proposed to be disturbed with this request. Based on engineering review, all of the requested critical slopes to be disturbed 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." 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 appear to contain man -made slopes. Critical slope disturbances are in the form of grading, clearing, and adding fill material. Luck Stone Properties: Areas: Acres: Total site area 26.1 acres, approximately Area of critical slopes 9.7 acres 37.2 % of property Total critical slopes disturbed 0.23 acres 2.3% of critical slopes Stone Robinson Elementary School Property: Areas: Acres: Total site area 20.9 acres, approximately Area of critical slopes 5.7 acres 27.3 % of property Total critical slopes disturbed 0.1 acres 1.8% of critical slopes Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed: 1. "rapid and /or large scale movement of soil and rock ": Movement of soil can be limited with an appropriate sediment trapping measure to capture soil before site runoff leaves the site. 2. "excessive stormwater run - off": Stormwater discharge will be increased when existing trees are replaced with a grass ball field, however; this increase will be mitigated by a downstream culvert on the Luck Stone property which will detain the increased flow of water to a value close to the pre - development rate. 3. "siltation of natural and man -made bodies of water ": 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 ": This is an area that has been previously disturbed. This property is not identified as part of a major or locally important stream valley or adjacent critical slope system in the County's Open Space Plan. 5. "septic effluent ": This grading does not impact the schools septic system. This site does not drain into a waterway that is a public drinking water supply for Albemarle County No portion of the project site 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. Review of the request by Current Development Planning staff: Summary of review of modification of Section 4.2: 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 4.2.5.3 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: A. 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; Strict application of the requirements of section 4.2 would require the relocation or elimination of the proposed ballfield, as there do not appear to be any adequate locations on the site for the ballfield without some disturbance of critical slopes. Allowing disturbance of critical slopes facilitates the construction of a new baseball field on a public school site, and this furthers the Comprehensive Plan's secondary landuse recommendation of Parks and Greenways for this area. B. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least an equivalent degree; The developer or subdivider has not proposed any alternatives that would satisfy the intent and purposes of section 4.2 to at least an equivalent degree. C. Due to the property's unusual size, topography, shape, location or other unusual conditions, excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of critical slopes would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the property or adjacent properties; or The school property is largely developed and undeveloped areas of useable size for a baseball field contain critical slopes. In order to build a baseball field on the property, disturbance of critical slopes is required; however, prohibiting the disturbance of critical slopes would not effectively prohibit or unreasonably restrict the use of the property. The only adjacent property that will be affected by this application is Luck Stone, and they are included as part of this application. Luck Stone, the adjacent property to the north, has committed to transfer property for the baseball field to the school once the project is complete [Attachment B]. However, existing critical slopes are located along the shared property line between the school and Luck Stone, and in order to use the property fill and grading of critical slopes must occur. The county engineer has reviewed the proposed project and has deemed that the required soil and erosion control plan would address all potential runoff and siltation issues associated with disturbance of critical slopes. Approving the waiver would not be detrimental to the orderly development of the area and would not result in significant degradation of the property or adjacent properties. D. Granting the modification or waiver would serve a public purpose of greater import than would be served by strict application of the regulations sought to be modified or waived. This property is located within the County's Rural Area zoning. It's Comprehensive Plan landuse recommendation is Rural Areas, with a secondary landuse of Parks and Greenways. It is currently a public elementary school. As such, public policy supports the proposal to further develop the site in a manner consistent with the use of the property for a public school and /or public park. The proposal to allow disturbance of critical slopes for a baseball field is consistent with the zoning in place, as well as public policy which encourages public uses such as schools and parks. As discussed above, the majority of the site has already been previously disturbed. Therefore, granting the waiver, thus enabling the development of the proposed baseball field and annexation of additional land to the school site, furthers public objectives. SUMMARY AND RECOMMENDATION: Staff review has resulted in favorable findings: Favorable factors: 1. Application meets technical criteria for disturbance of critical slopes 2. Facilitates construction of a ballfield, which furthers public policy land use recommendations. Unfavorable factors: 1. None indentified Staff opinion is that the favorable factors outweigh the unfavorable factors and therefore staff recommends approval of this waiver. RECOMMENDED CONDITIONS: None ATTACHMENTS: A. Applicant Justification B. Letter of Intent C. Site Plan LAND SURVEYING ENGINEERING LAND PLANNING ROUDABUSH, GALE & ASSOC., INC. A PROFESSIONAL CORPORATION 914 MONTICELLO ROAD CHARLOTTESVILLE, VIRGINIA 22902 J. THOMAS GALE, L.S. MARILYNN R. GALE, L.S. WILLIAM J. LEDBETTER, L.S EDWARD D. CAMPBELL III, L.S. January 19, 2010 Bill Fritz Senior Planner Zoning & Current Development County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Re: Stone Robinson Elementary Baseball Field, Major Site Plan Amendment Request for Waiver of Section 4.2.3.2 of the Zoning Ordinance Dear Bill, PHONE(434)2934251 (434) 977 -0205 FAX (434) 296 -5220 INFO @ROUDABUSH.GOM`: WILLIAMS. ROUDABUSH, L.S. I am writing to request a modification of Section 4.2.3.2 of the Albemarle County Zoning Ordinance; thereby, allowing us to dig and develop in some areas (as shown on the accompanying site plan) that currently have slopes in excess of 25 %. I would like to address some of the concerns as they are outlined in Section 4.2 of the Ordinance. Soil Erosion: Our site plan indicates that we will be disturbing an area of 0.33 acres with slopes of 25% or greater. These slopes will be carefully protected during construction and thoroughly covered with'the appropriate ground cover upon completion. Sedimentation: Development of these slopes should not result in an increase in silt and sedimentation. These slopes will be carefully planted with the appropriate types of groundcovers, so that the post development vegetation on these slopes will be equivalent or superior to what is there today. Excessive Stormwater Run -off Excessive run -off should not be a factor in this development. The post - development 10 -year flow increases to 11.87cfs from a pre - development 10 -year flow of 11.48cfs. Attachment 9 A Protection of Existing Streams and Public Drinking Water: There are no streams or reservoirs that are located immediately below any of the slopes that are to be disturbed; therefore, we do not see any potential threat to streams or public drinking water. Loss of Aesthetic Resource: Grading in these areas does not constitute the loss of an aesthetic resource. The existing area is located behind Stone Robinson Elementary School and is not viewable from the road. Encroachment Into Flood Plains: The slopes that are to be disturbed (as shown on the site plan) are not located within any floodplain. Rapid and/or Large Scale Movement of Soil and Rock: We do not anticipate any large scale removal of rock. In closing, we do not believe that the strict application of the requirements of Section 4.2.3.2 would forward the purposes of this ordinance or best serve the public's interest. We thank you for your consideration. Sincerely, Matt Wentland, P.E. I Elizabeth Marotta From: Lisa Glass Sent: Thursday, January 28, 2010 8:02 AM To: Elizabeth Marotta, Bill Fritz Cc: Joe Letteri; Doug Yeabower; Sharon Cash; 'Mark Vigil' Subject: FW: Stone Robinson Pad Site. Letter of Intent Attachments: SR Letter of Intent.pdf Ms. Marotta, I understand you are the review planner for the Stone Robinson /Luck Stone Site Plan Amendment. Attached please find the signed Letter of Intent stating that a transfer of property will occur so that the entire baseball field is on the school property. This letter is submitted as clarification for the application for site plan review. The property transfer will not occur until we have approved permits for the work and approval from the School Board. I am a Project Manager for the Albemarle County Schools at the Building Services Department. Please contact me if you need additional information, of if you have questions. Thank you, Lisa Lisa Glass ACPS Building Services Department 434 - 975 -9340 Attachment* 8 Letter of Intent Between LUCK STONE CORPORATION and Albemarle County Public Schools (ACPS) Building Services Department REGARDING THE, CREATION OF A PAD SITE FOR A FUTURE ATHLETIC FIELD January 25, 2010 Whereas the two entities named above agree to work in partnership to potentially create a pad site for a future athletic field at the Stone Robinson Elementary School in Albemarle County, Virginia. The project is contingent upon School Board approval. Luck Stone intends to transfer property to ACPS and ACPS intends to accept such property, so that the entire ball field is on the school property, at such time as the project is complete. All other specific items related to this project will be detailed in a separate agreement between Luck Stone and the Albemarle County School Board. This letter of intent is generated solely for the purpose of clarifying intent for the Site Development Plan review process. It does not bind either party to complete the project until final approval by the Albemarle County School Board. Luck Stone Corporation Date ll I� A�arI County Public Schools Date B I , g Services Department ' q mea�,ou�ar,.euauvo- awor�wnne nP t$1e k 3AW • I YOd Y00 1 ✓NOI••)d OYd ✓ � S a.tav�rNraW 'CHI MLVDOM v a D `�smayarm pll 1 m=AYVxI HOMINO tl NXUB Rh ififi Q � , s Z o Z W w CWCT W 9 LL J¢Z_ ....... Wm W ZW� Om Q ZW Z CO (1) Oar 1=a LU wa _ z CO g O 3 C TA4a Agar I- VOL D l Vol I Imp 1 e � n V R r r 1 � Z ? U S 110 Iment 9 C 7YIY- ��,.71W.p,Y....AIY ..�•,,,.rmI.NI�N ®osv..ow OYOIIOR71101H0 ® ONOUX34M O usm •III ■ONII YI NIOY/A ON IAtl.. i NOIl YYO dY00 1VM 01111d Otld Y i Lev �y u' E 61137MVY'W OVY7 Cr" BHQ47MHS7�8�'.l�I�Od1® �j F ` f old IMVE*M � ffIVD mayar i� �i 100FC78 ANV1lHr�O IBOtlNOBN 3PlOJH I 1 1 11 \ I I 1 \ I � 1 I I / 04�6 - 1j I II` W a I I I U j j l I• W / \\ .� 36.E 2A.70' C I � / i