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Home My WebLink AboutSUB200900062 Legacy Document 2010-11-04ti � �IRGINZ�FJ ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SUB2009 -62 Wickham Pond - Staff: Summer Frederick, Senior Phase II - Block 1 Critical Slopes Waiver Planner; Phil Custer, Engineer Request Planning Commission Public Hearing: Board of Supervisors Hearing: November 3, 2010 Not applicable Owners: Wickham Two Holdings, LTD Applicant: Frank Pohl; Pohl Consulting, LLC Acreage: 14.637 acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 56, Parcel 91 By -right use: NMD- Neighborhood Location: The south side of Three Notched Model District -residential (3 -34 Road [State Route #240] 0.14 miles from its units /acre) mixed with intersection with Park Ridge Drive [Route commercial, service and industrial # 1250] . uses Magisterial District: White Hall Proffers /Conditions: Yes Requested # of Dwelling Lots: Fifty -five (55) DA- X RA - Proposal: Request to modify Section 4.2.3.2 to Comp. Plan Designation: Urban allow disturbance of approximately 0.03 acres Density Residential - residential (6 - of critical slopes. 12 units /acre in Crozet) and supporting uses such as religious institutions, schools, commercial, office and service uses. Character of Property: Use of Surrounding Properties: Property is currently undeveloped. Developed residential neighborhoods. Factors Favorable: Factors Unfavorable: 1. Application meets technical criteria for 1. None identified. disturbance of critical slopes; and, 2. Disturbance of critical slopes allows for development in line with current zoning, comprehensive plan designation, and an approved re- zoning application plan. RECOMMENDATION: Staff recommends Approval of the critical slopes waiver request. STAFF PERSON: Summer Frederick; Senior Planner, Current Development Phil Custer; Engineer, Current Development PLANNING COMMISSION: November 9, 2010 AGENDA TITLE: SUB2009 -62 Wickham Pond - Phase II - Block 1 Critical Slopes Waiver APPLICANT: Frank Pohl; Pohl Consulting, LLC PROPERTY OWNER(S): Wickham Two Holdings, LTD APPLICANT'S PROPOSAL: Disturb 0.03 acres of critical slopes in conjunction with the grading and construction of infrastructure for fifty -five (55) residential lots. COMPREHENSIVE PLAN: Urban Density Residential - residential (6 - 12 units /acre in Crozet) and supporting uses such as religious institutions, schools, commercial, office and service uses. REASON FOR PLANNING COMMISSION REVIEW: Required by Zoning Ordinance Section 4.2.5.a. PLANNING AND ZONING HISTORY: ZMA2005 -18 Wickham Pond - Phase II: Rezone 19.69 acres from RA - Rural Areas: agricultural, forestal, and fishery uses; residential density (.05 unit /acre) to NMD Neighborhood Model District - residential (3 - 34 units /acre) mixed with commercial, service and industrial uses. Maximum number proposed residential units: Approximately 106. Approximately 16,000 sq. ft. commercial uses. Approved 09.13.2006 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(a) allows the Planning Commission to waive this restriction. The applicant has submitted a request and justification for the waiver [Attachment B], and staff has analyzed this request to address the provisions of the ordinance. Critical slopes cover approximately 1.07 acres, or approximately 5.4% percent of the site. 0.03 acres, or 2.8% of critical slopes on the site, are included in this request. The 2 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 are found in Section 4.2.5(a) (3). Staff presents 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: The critical slope waiver request has been reviewed. The engineering analysis of the request follows: Description of critical slope area and proposed disturbance: The applicant is requesting a waiver to disturb critical slopes to develop the parcels in accordance with ZMA- 2005 - 00018. The disturbance to critical slopes is needed to grade the site for buildings, roads, and driveways as well as to install a sanitary sewer line. The alignment of the roadways and lot layout match the approved rezoning plan and the plan appears to be in compliance with the overlot grading plan proffer. This will be verified during the review of the road and ESC plans, prior to the approval of the final subdivision plat. TMP 56 -91 and TMP 56 -91 B Areas Acres Total site 19.551 total acres approxi matel Critical slopes 1.07 5.47% of site ac.* Critical slopes 0.03 2.8% of critical disturbed ac.* slopes *These figures have been provided by the applicant in his request letter. However, after reviewing the topographic information on sheet C -2, it is evident that more critical slopes exist on the property and are being disturbed than claimed. For instance, the northern side of the swale 40ft south of the existing structure appears to 3 be a notable strip of critical slopes. The increased amount of critical slope disturbance has no effect on engineering's analysis of the waiver request. Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: The disturbance to critical slopes necessary to construct public sanitary sewer facilities is exempt from preservation if the county engineer determines that no reasonable alternative exists. 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. "excessive stormwater runoff" A stormwater management plan must be approved for this project prior to construction. The plan will collect as much of the runoff as possible and direct it to Stormwater Management facilities. "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" The critical slopes do not appear to be an aesthetic resource. "septic effluent" This development will be served by public sewer. PART II CURRENT DEVELOPMENT PLANNING STAFF 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 require the relocation or realignment of proposed streets and individual lot divisions. Since these streets and lots were conceptually approved via ZMA2005 -18, staff does not believe strict application of the requirements of section 4.2 would forward the purpose of this chapter. The proposed street alignment and lot layout does not pose a threat to public health, safety or welfare. b. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least an equivalent degree; 4 The developer 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 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. In fact, approval would be consistent with the orderly development of the area because it allows for development to occur as envisioned by the Board of Supervisors when ZMA2005 -18 was approved. 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 NMD- Neighborhood Model District (residential, 3 -34 units /acre, mixed with commercial, service and industrial uses) zoning district. Its Comprehensive Plan land use recommendation is Urban Density which promotes residential development like that which is proposed in this project. This project has also been conceptually approved via ZMA2005 -18. The proposal to allow disturbance of critical slopes allows for development in line with assigned zoning, comprehensive plan designation, and previously approved re- zoning application plan. SUMMARY AND RECOMMENDATION: Staff review has resulted in favorable findings: Favorable factors: 1. Application meets technical criteria for disturbance of critical slopes; and, 2. Disturbance of critical slopes allows for development in line with current zoning, comprehensive plan designation, and an approved re- zoning application plan. Unfavorable factors: 1. None indentified Staff opinion is that the favorable factors outweigh the unfavorable factors and therefore staff recommends approval of this request. ATTACHMENTS: A. Location Map B. Applicant's request and justification letter C. Proposed subdivision plan D. Proffer statement for ZMA2005 -18 Wickham Pond 2 5