HomeMy WebLinkAboutSDP201000067 Legacy Document 2010-10-15ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 2010 -67 Pantops Fire
Staff: Gerald Gatobu, Principal Planner, John
Station Critical Slopes Disturbance Waiver
Diez, Engineer
Request
Planning Commission Public Hearing:
Board of Supervisors Hearing:
October 19, 2010
N/A
Owners: Worrell Land & Development Company
Applicant: Ron Lilley (Albemarle County
LC
Facilities Development)
Acreage: 18.092
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 78, Parcel 31
By -right use: PDMC, Planned Development
Location: Off Peter Jefferson Parkway [State
Mixed Commercial and EC, Entrance Corridor
Route 1140] approximately 600 feet west of the
Overlay
intersection of Peter Jefferson Parkway [State
Route 1140] and Richmond Road [State Route
250]
Magisterial District: Rivanna
Proffers /Conditions: Yes
Requested # of Dwelling Units /Lots: N/A
DA -X RA -
Proposal: Request for preliminary site plan
Comp. Plan Designation: Green Space in
approval for a One (1) story, 9,889 square
Urban Area 3
foot Albemarle County Pantops Fire
Station. This application includes a
request to modify Section 4.2.3.2 to
allow disturbance of approximately 0.22
acres of critical slopes.
Character of Property:
Use of Surrounding Properties:
Travelway to an existing maintenance building,
Martha Jefferson Hospital medical buildings,
open space, and some wooded area
Office Park buildings, wooded and open space
areas.
Factors Favorable: See report
Factors Unfavorable: None
Recommendation: Staff recommends approval of the critical slopes waiver request.
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
PROPOSAL:
Gerald Gatobu; John Diez
October 19th, 2010
SDP 2010 -67 Pantops Fire Station Critical Slopes Waiver Request
Worrell Land & Development Company LC
Ron Lilley (Albemarle County Facilities Development)
Disturb 0.22 acres of critical slopes. The critical slopes disturbance will allow grading necessary for the
construction of a one (1) story, 9,889 square foot Albemarle County Pantops Fire Station.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Green Space in Urban Area 4.
CHARACTER OF THE AREA:
Travelway to an existing maintenance building, open space, and some wooded area. The property is
surrounded by Martha Jefferson Hospital medical buildings, Office Park buildings, and wooded and
open space areas.
REASON FOR PLANNING COMMISSION REVIEW:
Planning Commission review is required by Zoning Ordinance Section 4.2.5.a.
PLANNING AND ZONING HISTORY:
This Site has an extensive planning and zoning history with the latest applications being:
CCP200900001: Pantops Fire Station Comprehensive Plan Compliance Review. The Planning
Commission at its meeting on September 15, 2009, by a vote of 6:0 found that the placement of a fire
station at this location is consistent with the comprehensive plan.
STAFF COMMENT:
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(a) allows the Planning Commission to waive this restriction. The
applicant has submitted a critical slopes waiver request [Attachment B], and staff has analyzed this
request to address the provisions of the ordinance.
Critical slopes cover approximately 9.0 acres, or approximately 50% percent of the site. 0.22 acres, or
0.02% of critical slopes on the site, are included in this request. The requested critical slopes are
naturally occurring. 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)(1 -2) 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 is found in Section 4.2.5(a)(3). Staff will
present the analysis of the request to disturb critical slopes in two parts.
PART I
REVIEW OF REQUIREMENTS OF SECTION 4.2.5:
Section 4.2.5 establishes the review process and criteria for granting a waiver of Section 4.2.1. The
following comments by Staff address the provisions of Section 4.2.5(a):
County Engineer's review of the technical performance standards:
Description of critical slope area and proposed disturbance:
This is a proposed fire station site. Slopes will be constructed adjacent to the proposed building and parking area
to allow for the construction of the building, and to make space available for the maneuvering of fire and rescue
vehicles.
Areas
Acres
Total site
18. acres approximately
Critical slopes
9.0
50% of site
Critical slopes disturbed
0.22
0.02% of critical slopes
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative
locations:
This disturbance is not exempt.
Compliance with Zoning Ordinance 18 -4.2:
"Movement of soil and rock"
Proper slope construction, control of drainage, and vegetative stabilization will prevent any movement of
soil. These design features are /will be shown on the site plan and erosion and sediment control plan.
"Excessive stormwater runoff'
Stormwater runoff will be reduced and managed through proposed stormwater management facilities. The
proposed retaining wall will help achieved a flatter grade and more time for soil infiltration.
"Siltation"
Inspection and bonding by the County will ensure siltation control during construction. Proper
stabilization and maintenance will ensure long term stability.
"Loss of aesthetic resource"
Aesthetic resources will be discussed later in this report.
"Septic effluent"
No existing septic systems or drainfields were found on the site.
Based on the review above, there are no engineering concerns which prohibit the disturbance of the critical slopes
as shown.
PART II
Current Development Planning Staff's review:
Section 4.2.5(a)(3):
The commission may grant a modification or waiver if it finds that the modification or waiver would not
be detrimental to the public health, safety, or welfare, to the orderly development of the area, or to
adjacent properties; would not be contrary to sound engineering practices; and at least one of the
following:
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 not forward the purposes of this
chapter or otherwise serve the public health, safety or welfare. Strict application would prohibit
the construction of a public facility (A Pantops Fire Station). Due to its Comprehensive plan
designation as Greenspace, the proposed fire station location received Comprehensive Plan
review approval from the Planning Commission on September 15, 2009. (Attachment E).
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 has not proposed any alternatives that would satisfy the intent and purposes of
section 4.2 to at least an equivalent degree; however, a proposed retaining wall will reduce
runoff speed and allow infiltration.
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
Prohibiting the disturbance of critical slopes would not would effectively prohibit or
unreasonably restrict the use of the property, nor would it result in significant degradation of the
property or adjacent properties. However, approval of the critical slopes disturbance would be
consistent with orderly development and would allow the construction of a much needed public
Fire Station in the Pantops area. The proposed fire station location received Comprehensive Plan
review approval from the Planning Commission on September 15, 2009. A compliance with the
Comprehensive Plan Review (or "2232 Review ") that considers whether the general location,
character and extent of the proposed public facility are in substantial accord with the adopted
Comprehensive Plan was performed by the Planning Division. The Comprehensive Plan Review
was approved by the Planning Commission at its meeting on September 15, 2009, by a vote of
6:0.
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.
The Community Facilities section of the master plan recommends the construction of a fire
station to serve the Pantops area, which may be a joint station with the City of Charlottesville.
Granting the critical slopes waiver will serve a public purpose of greater import by allowing the
construction of a public Fire Station that will be located centrally in the Pantops area close to
neighborhood centers and compatible surrounding land uses.
4
SUMMARY AND RECOMMENDATION:
Staffs review findings:
Favorable factors:
1. Application meets technical criteria for disturbance of critical slopes; and,
2. Disturbance of critical slopes will allow the construction of a public fire station that will be located
centrally in the Pantops area; close to neighborhood centers and compatible surrounding land uses.
3. Comprehensive Plan Review (or "2232 Review ") was approved by the Planning Commission at
its meeting on September 15, 2009, by a vote of 6:0.
Unfavorable factors:
1. None indentified
Staff recommends approval of the critical slopes disturbance waiver.
PLANNING COMMISSION MOTION
As noted above, Staff recommends approval of the critical slopes disturbance waiver. There is one
Planning Commission motion associated with this agenda item. A motion to approve or deny the
critical slopes disturbance waiver request.
Motion: Approve/Deny the associated critical slopes disturbance waiver request.
A. Should the Planniniz Commission choose to approve the critical slopes disturbance waiver:
I move to approve SDP 2010 -67 Pantops Fire Station Critical Slopes Disturbance Waiver
Request upon finding that the request satisfies the requirements of section 4.2.3.2 as
outlined in staffs report.
B. Should the Planning Commission choose to deny the critical slopes disturbance waiver:
I move to deny SDP 2010 -67 Pantops Fire Station Critical Slopes Disturbance Waiver
Request. If the commission chooses to deny the critical slopes disturbance waiver request, it
shall identify /establish requirements /reasons for denial.
ATTACHMENTS:
A. Location Map
B. Applicant's Critical Slopes waiver request
C. Proposed Preliminary Site Plan
D. Critical Slopes Location Map
E. September 15th 2009 CCP- 2009 -1 Comprehensive Plan Review Minutes