HomeMy WebLinkAboutSDP200600042 Executive Summary Preliminary Plan 2006-06-20COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SDP 2006 -0042 Pavilions at
Pantops Townhouses Phase 2 Preliminary Site Plan,
Open Space Appropriateness Determination and Critical
Slopes Waiver
SUBJECT/PROPOSAL/REQUEST:
Request to approve a preliminary site plan which
includes approval of open space in accordance with
Section 4.7.1 of the Zoning Ordinance and request for a
waiver to disturb critical slopes in accordance with
Section 4.2.3.2 of the Zoning Ordinance.
STAFF CONTACT(S): Francis H. MacCall & Glenn
Brooks
PROPERTY OWNER: North Pantops Townhouses LLC
APPLICANT: Southern Development
AGENDA DATE: June 20, 2006
CONSENT AGENDA: No
ACTION: Yes
ATTACHMENTS: Yes
REVIEWED BY: WDF, DEP
BACKGROUND: Request for preliminary site plan approval to create 137 townhouses using the clustering
development option on a 25.8 acre portion of a 57.88 acres site. The property, described as Tax Map 78, Parcel 12, is
zoned R -6, Residential and is located in the Rivanna Magisterial District on Richmond Road [Route # US 250E]
approximately 0.75 miles east of its intersection with Route 20N. The Comprehensive Plan designates this property
as Neighborhood Density in Neighborhood 3 (Attachment A).
DISCUSSION: Section 2.2.3 of the Zoning Ordinance states that a minimum of twenty -five (25) percent of open
space is required for clustered developments. Section 4.7.1 states that the Commission shall consider the
appropriateness of such areas for the intended usage in terms of such factors as location, size, shape, and topographic
characteristics. The applicant is also requesting a waiver of Section 4.2.3.2, which prohibits disturbance of critical
slopes. With a positive finding of the appropriateness of the open space layout and approval of the critical slopes
waiver, the preliminary site plan may be approved (Attachment B).
Also an adjacent property owner has requested that the Planning Commission review the proposed application
(Attachment D).
RECOMMENDED ACTION: Staff recommends that the Commission find that the open space is appropriate for
the proposed development. Staff also recommends approval of a waiver of Section 4.2.3.2 of the Zoning Ordinance,
and approval of the site plan with conditions.
ATTACHMENTS: Staff Report
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STAFF CONTACT: Francis H MacCall, Senior Planner; Glenn Brooks, Senior Engineer
PLANNING COMMISSION: June 20, 2006
AGENDA TITLE: SDP 2006 -0042 Pavilions at Pantops Phase 2 Townhouses Preliminary Site
Plan, Open Space Appropriateness Determination and Critical Slopes Waiver
PROPERTY OWNER: North Pantops Townhouses LLC
APPLICANT: Southern Development
BACKGROUND: Request for preliminary site plan approval to create 137 townhouses using the clustering
development option on a 25.8 acre portion of a 57.88 acres site. The property, described as Tax Map 78, Parcel 12, is
zoned R -6, Residential and is located in the Rivanna Magisterial District on Richmond Road [Route # US 250E]
approximately 0.75 miles east of its intersection with Route 20N. The Comprehensive Plan designates this property
as Neighborhood Density in Neighborhood 3 (Attachment A).
Section 2.2.3 of the Zoning Ordinance states that a minimum of twenty -five (25) percent of open space is required
for clustered developments. Section 4.7.1 states that the Commission shall consider the appropriateness of such areas
for the intended usage in terms of such factors as location, size, shape, and topographic characteristics. The
applicant is also requesting a waiver of Section 4.2.3.2, which prohibits disturbance of critical slopes. With a
positive finding of the appropriateness of the open space layout and approval of the critical slopes waiver, the
preliminary site plan may be approved administratively (Attachment B).
An adjacent property owner, the Fontana Homeowners' Association has called this application up for review by the
Planning Commission (Attachment D). The request letter does not elaborate on any specific concern but staff
believes, from conversations with an Association representative, that the main concern is one of the stormwater
facilities that is actually part of the recently approved Pavilions at Pantops Phase 1. The adjacent property owner
will have an opportunity to elaborate further on this or any other concerns.
DISCUSSION: Staff will present the discussion in three parts (1) Open Space and (2) Critical Slopes Waiver, (3)
Adjacent Owner Request.
1. Open Space
Section 4.7 of the Zoning Ordinance (below) requires that appropriateness of open space be assessed as follows:
Section 4.7.1: Does the proposed open space meet comprehensive plan objectives by providing: (1) active /passive
recreation; (2) protection of areas sensitive to development; (3) buffering between dissimilar uses; and (4)
preservation of agricultural activity?
(1) This open space will provide both active and passive recreation. There will be areas that will have playing
fields and areas that will have tot lots. There will be ponds in the largest area of open space that will provide
for more passive recreation.
(2) There is protection of some critical slopes within this area. These slopes will remain undisturbed within the
open space areas delineated on the plan. These slopes will be protected through a maintenance agreement
with the homeowners' association and further protected through the requirement of a tree conservation plan.
(3) The largest area of open space is to the south, providing a buffer between the Westminster Canterbury
development and this multifamily development.
(4) This proposal does not preserve agricultural activity. This will be an urban open space system.
Section 4.7.1: Is the proposed open space appropriate in terms of (1) location, (2) size, (3) shape and (4)
topographic characteristics.
(1) The location provides protection of some critical slopes and conservation of some existing trees. It also
creates a buffer between this development and Westminster Canterbury, a portion of Ashcroft, and a portion
of Fontana.
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(2) The proposal includes approximately 8.83 acres in open space, which represents 34% of the 25.8 acre site.
These 8.83 acres and the 16.43 acres of open space for the approved plan for Phase 1 totals 25.26 acres of
open space or 44% of the entire 57.88 acre development.
(3) The shape of the open space does not appear to pose any detriment to the development.
(4) The open space will contain a variety of topographic characteristics. Some areas will be flat enough for
active use and other areas will be hilly providing for a more passive use. The steepest areas are suitable for
buffers and utility uses.
Section 4.7.2: Will the open space be developed with any man -made features? Where deemed appropriate by the
commission, open space may be used for one or more of the following uses: Agriculture, forestry and fisheries
including appropriate structures; Game preserves, wildlife sanctuaries and the like; Noncommercial recreational
structures and uses; Public utilities; Wells and septic systems for emergency use only (reference 4.1.7); Stormwater
detention and flood control devices.
An existing stormwater management facility and public sewer lines are located in some of the open space.
4.7.3.1: In addition to provisions of section 4.7.1 and section 4.7.2 the commission may require inclusion in such
open space of areas deemed inappropriate for or prohibited to development such as but not limited to: (1) land in
the one hundred year flood plain and significant drainage swales; (2) land in slopes of twenty-fCve (25) percent or
greater; (3) major public utility easements; (4) stormwater detention and flood control devices; (5) lands having
permanent or seasonally high water tables; (6) areas to satisfy provisions of section 4.16 Recreation Regulations;
(7) areas to provide reasonable buffering between dissimilar uses within such development and between such
development and ad
joining
(1) There is no flood plain on this parcel.
(2) Some of the critical slopes are shown in open space.
(3) Sanitary sewer utility easements would be included in the open space.
(4) One (1) stormwater detention pond is proposed
(5) None of the soils located on this property are shown to support permanent or seasonally high water tables as
defined in Table 16 Soil and Water Features of the United States Department of Agriculture Soil
Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985.
(6) The recreational areas provided satisfy the requirements of Section 4.16.
(7) The open space does provide a reasonable buffer from an adjacent development.
4.7.3.3 In such case where open space is required by provisions of this ordinance not more than eighty (80) percent
of such minimum required open space shall consist of the following: a. Land located within the one hundred year
flood plain; and b. Land subject to occasional, common or frequent flooding as defined in Table 16 Soil and Water
Features of the United States Department of Agriculture Soil Conservation Service, Soil Survey of Albemarle
County, Virginia, August, 1985; and c. Land in slopes of twenty-fCve (25) percent or greater; and d. Land devoted to
stormwater or flood control devices except where such feature is incorporated into a permanent pond, lake or other
water feature deemed by the commission to constitute a desirable open space amenity.
This criterion is being met.
4.7.4: Open space in private ownership shall be protected by legal arrangements sufficient to ensure its
maintenance and preservation for purposes for which it is intended. Such arrangements shall be subject to
commission approval as a part of the site development plan and/or subdivision plat approval process. Open space
may be dedicated to public use subject to approval and acceptance by separate resolution of the board of
supervisors. Open space so dedicated shall be counted as a part of the minimum required open space.
The open space shown on the plat shall be owned by the homeowners' association, which will be established by
covenant during the final subdivision review process. Such document shall be subject to County Attorney review and
approval and shall be in accordance with Section 14 -317 of the Subdivision Ordinance - Instrument evidencing
maintenance of certain improvements.
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2. Critical Slopes Waiver
A modification to allow critical slopes disturbance is necessary before this proposal can be approved by the Site Review
Committee. The request for a modification has been reviewed for both the Engineering and Planning aspects of the
critical slopes regulations. Critical slopes disturbances that are exempt from the requirements of Section 4.2 include the
installation of stormwater and sanitary sewer utilities and construction of accessways, provided that no reasonable
alternative location or alignment exists.
Staff has reviewed this waiver request with consideration for the five (5) concerns that are set forth in Section
4.2 of the Zoning Ordinance entitled "Critical Slopes." Staff has reviewed this request as required by Sections 4.2
and 4.2.5 of the ordinance. This review is divided into two parts, a review for the engineering impacts and a review
of impact on aesthetic resources.
Review of the request by Current Development Engineering staff:
Description of critical slope area and proposed disturbance:
This is a large mountainside and stream valley running downhill from Westminster Canterbury and Route 250.
Some of the site has already been graded under various waste area grading permits and road plans. Areas of original
ground and trees remain on the steeper slopes leading up to Westminster Canterbury.
Areas
Acres
Total site
25.8 acres
Critical slopes
(18)
This is visually estimated at 70% of the site, based on the out -dated aerial
topography supplied with the site plan. Much of the site has already been
disturbed.
Critical slopes disturbed
All
100% of critical slopes. It is anticipated that the entire site will be cleared
and graded.
Verona Drive Verona Drive
Looking SW towards Eckerd building in the background Looking SE towards Westminster Canterbury in the
background
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Verona Drive Looking NE towards Fontana. Verona Drive Looking SW towards the Eckerd building
Stormwater facility to the right at curve in road. to the left and the Montessori School to the right in the
background. Stormwater facility to the left
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative
locations:
Any exempt disturbances have already taken place, as shown in the photos above.
Compliance with Zoning Ordinance 18 -4.2:
"movement of soil and rock"
Proper slope and wall construction, control of drainage, and vegetative stabilization will prevent any movement
of soil.
"excessive stormwater runoff'
Stormwater runoff will be increased in this area, but is collected in the system of ponds built with the project.
"siltation"
Inspection and bonding by the County will ensure siltation control during construction. Proper stabilization and
maintenance will ensure long term stability. Most of the silt control measures are already in place for on -going
construction activities.
"loss of aesthetic resource"
See Review of the request by Current Development Planning and Zoning staff.
"septic effluent"
The site is serviced by public sewer.
Based on the review above, there are no engineering concerns which prohibit the disturbance of the critical slopes as
shown.
Review of the request by Current Development Planning and Zoning staff:
The Planning analysis of this request addresses the concern for the possible loss of aesthetic resources. From an
aesthetic perspective, staff can support this waiver request. Some of the proposed development is located in an
"Important Wooded Area" as defined in the Open Space Plan. The Open Space Plan states that the "objectives and
strategies are not intended to reduce density or development rights beyond that allowed under current regulations
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without compensation." Regarding "Important Wooded Areas ", the plan states "In these areas, trees should be
preserved or established as development occurs." Section 32.7.9 of the Zoning Ordinance requires that there must
be replanting sufficient that 20% of the tree canopy will be restored within a ten year time span. The landscape plan
will show the canopy requirement of at least 20 %.
The Open Space Plan also states that the short term strategy is to preserve or establish trees as development occurs in
"Wooded areas visible from Monticello, especially in Neighborhoods Three and Four, which protect Monticello's
viewshed." The impact on the viewshed has been an issue in recent years with the intense development in the
Pantops area. The establishment of trees up to and beyond the required canopy requirements has been the accepted
practice to mitigate the impact on the Monticello viewshed. Staff has not received any direct comment from the
Monticello Foundation. The Foundation will have an additional opportunity to comment on the landscaping plan at
the final site plan submittal stage.
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 4.2.5a. Staff has included the provisions of Section 4.2.5b 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:
1. 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, or that alternatives proposed by the developer would satisfy
the purposes of section 4.2 to at least an equivalent degree; or
A large amount of critical slopes are being disturbed and being done so within an Important Wooded Area and
the Monticello viewshed. However, the development proposal includes appropriate replanting of the site to
provide a 20% canopy, which should mitigate to a certain extent the impacts on the wooded area and the
Monticello viewshed. Therefore, staff finds that a strict application of the requirements set forth in Section 4.2
would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare.
2. Due to its unusual size, topography, shape of the property, location of the property or other unusual
conditions, excluding the proprietary interest of the developer, the requirements of section 4.2 would effectively
prohibit or unreasonably restrict the use of the property or would result in significant degradation of the site or
adjacent proper ties. Such modification or waiver shall not be detrimental to the public health, safety or
welfare, to the orderly development of the area, or to adjacent properties, or be contrary to sound engineering
practices; or
Approval of this request would accommodate the by -right redevelopment/ infill of property within the
development areas of the Comprehensive Plan with minimal impacts.
3. Granting such modification or waiver would serve a public purpose of greater import than would be served
by strict application of section 4.2
Staff has identified no evidence that the act of granting the proposed waiver would serve any greater public
purpose than would be served by a strict application of Section 4.2.
Generally staff finds that this request is consistent with the criteria of Section 4.2.5a for granting a waiver and is
therefore able to recommend approval to the Commission of a waiver of Section 4.2.3.
3. Adjacent Owner Request
The Fontana Owners' Association has requested the Planning Commission review this application. Staff has
reviewed this application for compliance of the Zoning Ordinance and found that the preliminary site plan can be
recommended for approval. Staff believes that the adjacent owners' concerns are regarding one of three
stormwater facilities that serve the development of the 57.88 acres. The facility in question is the one near the
Rolkin Rd /Olympia Dr. intersection to the northwest. This facility is actually within the confines of the
previously approved Phase 1 (Attachment B). The three facilities have been designed and approved to control the
stormwater runoff from not only the proposed development but also the Westminster Canterbury development to
the southeast and part of the Fontana development to the north. Also, the road plans for the construction of
Rolkin Road, Olympia Drive and Verona Drive have also been reviewed and approved by the County and
VDOT.
RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions of the Zoning
Ordinance and recommends the following: The Commission find that the open space is appropriate for the proposed
development and the Commission approves the waiver of Section 4.2.3.2 of the Zoning Ordinance, to allow the
disturbance of critical slopes. With a positive finding of the appropriateness of the open space and approval of the
critical slopes waiver request, the preliminary site plan may be approved with conditions.
CONDITIONS OF APPROVAL:
1. [13.4.1] Prior to final approval a Conservation Plan as specified in section 32.7.9, must be approved by the
Zoning & Current Development Division of the Department of Community Development with a copy of the
original Conservation Plan and all subsequent revisions to be submitted to the Zoning & Current Development
Division.
2. [14 -317, 18 -4.71 Prior to final approval the applicant must submit covenants or other such instrument, which
evidences the establishment of an owners' association and provides for ownership and maintenance of proposed
open space. Such document shall be subject to County Attorney review and approval and shall be in accordance
with Section 14 -317 of the Subdivision Ordinance - Instrument evidencing maintenance of certain
improvements.
3. Zoning & Current Development Planning approval.
4. Zoning & Current Development Engineering approval.
5. Albemarle County Fire Rescue approval.
6. Albemarle County Service Authority approval.
7. Virginia Department of Transportation approval.
ATTACHMENTS:
A - Detail/Location Map
B - Site Plan
C - Applicant's critical slopes waiver request letter
D - Adjacent owner request letter
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