HomeMy WebLinkAboutSDP201000043 Staff Report 2010-07-27o
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP2010 -43 Staff: Summer Frederick, Senior Planner; Max Greene,
Riverfront Townhomes — Critical Slopes Engineer
Waiver Request
Planning Commission Public Hearing:Board of Supervisors Hearing:
July 27, 2010 N/A
Owners: South Pantops II Land Trust; Charles Applicant: Neal Wright, Dominion Engineering & Design,
W Hurt & Shirley Fisher, TRS LLC
Acreage: 5.344 acres Rezone from: N/A
Special Use Permit for: N/A
TMP: Tax Map 78; Parcel 20R Zoning: R15- Residential: high density residential use with
Location: South side of South Pantops Drive, various housing types, and Flood Hazard Overlay District.
approximately 0.5 mile from its intersection By - right use: yes
with Riverbend Drive.
Magisterial District: Rivanna Proffers /Conditions: N/A
Requested # of Dwelling Lots: N/A DA — X RA —
Proposal: Critical slopes waiver in conjunction Comp. Plan Designation: Comp Plan Primary Use:
with a preliminary site plan for the Greenspace; Comp Plan Secondary Use: Parks & Greenways
construction of fourteen (14) townhomes.in Urban Area 3
Request is to disturb 0.44 acres of critical
slopes.
Character of Property: Property is currently Use of Surrounding Properties: Property is currently
wooded with no development.bordered by multi - family residential and commercial office
developments, and the Rivanna River.
Factors Favorable:Factors Unfavorable:
1. Runoff and siltation can be handled
1. Natural critical slopes are proposed to be disturbed.
with detailed and phased erosion and
sediment control measures.
2. Site is within the County's
Development Areas.
RECOMMENDATION: Staff recommends approval of the Critical Slope Waiver request.
1
STAFF PERSON:Summer Frederick, Senior Planner; Max Green, Engineer
PLANNING COMMISSION: July 27, 2010
AGENDA TITLE:SDP201000043 Riverfront Townhomes
APPLICANT:Neal Wright; Dominion Engineering & Design, LLC
PROPERTY OWNERS:South Pantops II Land Trust; Charles W Hurt & Shirley Fisher, TRS
APPLICANT'S PROPOSAL:
Disturb 0.44 acres of critical slopes in conjunction with the construction of fourteen (14) townhomes
on 5.344 acres.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Greenspace, and Parks and Greenways in Urban
Area 3.
REASON FOR PLANNING COMMISSION REVIEW:
Disturbance of critical slopes is proposed, and a waiver of restrictions found in Sec. 4.2.3.2 is required.
Section 4.2.5(a) of the Zoning Ordinance allows the Planning Commission to modify or waive the
requirements of Section 4.2.3.2.
PLANNING AND ZONING HISTORY:
SP 200600032 Dominion Office Park Phase II - Special Use Permit (SP) request for 18,000 Sq. Ft. of
office use in two 3 -Story Office Buildings of 9,000 Sq. Ft. each on 5.34 acres. Application withdrawn
11.27.2006
STAFF REVIEW:
This preliminary site plan application was initially reviewed by the Site Review Committee on June 10,
2010. In working toward preliminary site plan approval, the applicant has submitted revisions
addressing County Staff's requested changes, however in order for staff to issue preliminary site plan
approval, a waiver of section 4.2.3.2 is required.
CRITICAL SLOPES MODIFICATION:
The request for a modification has been reviewed by both Engineering and Planning staff. 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 A], and staff has analyzed this request to address
the provisions of the ordinance.
Critical slopes occur on a significant portion of the site, approximately 2.77 acres, or approximately
52% percent of the 5.344 acre site. The critical slopes found on the property are all naturally occurring.
Staff reviewed this waiver request with consideration for the concerns 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)2 is a review of the technical
performance standards. 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.
Section 4.2.5(a)
Review of the technical performance standards.:
Description of critical slope area and proposed disturbance:
This is river front property with a drainage ravine.
Areas Acres
Total site 5.34 acres approximately
Critical slopes 2.77 52% of site
Critical slopes disturbed 0.44 16% 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 excessive
movement of soil.
excessive stormwater runoff"
Stormwater runoff will be treated and directed into the drainage ravine.
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"
This area is visible from the roads and houses in the neighborhood. Some of the slopes were
created with the roads.
septic effluent"
This neighborhood 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.
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(a)3 here, along with staff comment on the various provisions.
3
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;
By allowing disturbance of critical slopes, a Development Area property may be developed with
development otherwise allowed by- right.
While the Comprehensive Plan designates the entire parcel as Greenspace, staff believes the
purposed development will allow for the remaining portion of the parcel to continue to stay in
its present wooded state. The portion of the parcel outside the disturbed area required for the
development is immediately adjacent to the Rivanna River, and provides a buffer between the
development and the River. As the purposed site plan depicts, the purposed development has
been planned in an attempt to utilize the areas without critical slopes as effectively as possible.
8. 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
Staff does not believe the requirements of Section 4.2 would effectively prohibit or
unreasonably restrict use of the property or result in significant degradation of the site of
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.
The property is located within the County's Development Area. As such, public policy supports
the development of the site in a manner consistent with applicable codes and ordinanaces. The
proposal to develop this site with fourteen (14) townhomes is consistent with the zoning in
place, as well as the policy to encourage development within the Development Areas.
Therefore, granting the waiver, thus enabling the proposed development, furthers the public
objective of concentrating development within the Development Areas.
SUMMARY AND RECOMMENDATION:
Staff review has resulted in both favorable and unfavorable findings:
Favorable factors:
1. Runoff and siltation can be handled with detailed and phased erosion and sediment control
measures.
2. Site is within the County's Development Areas.
4
Unfavorable factors:
1. Natural critical slopes are proposed to be disturbed.
Staff opinion is that the favorable factors outweigh the negative factors and therefore staff
recommends approval of a waiver of Section 4.2.3.2 to allow activity on critical slopes.
ATTACHMENTS:
A. Applicant Justification (Site Plan included)
B. Location Map
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Attachment B
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ce Dominion
A,Engineering &
0,;Desi n, LLC 172 South Pantops Drive
Charlottesville, VA 22911
Phone:434- 979 -8121
4 0* f Fax: 434 - 979 -1681
s I DDRVA.com
May 25, 2010
Summer Frederick
Division of Zoning and Current Development
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902
RE: Riverfront Town homes
SDP 2010 -43
Request for Critical Slopes Waiver
Dear Summer:
This letter is to request a waiver from the requirements of Section 4.2 of the Zoning
Ordinance. The attached site plan shows that there are areas with 25% or greater
slopes that will have to be disturbed as part of this project.
The total area being disturbed by the building site proposed for TMP 78 parcel 20R is 1.17
acres, which is only 22% of the area of the 5.34 acres that make up the parcel.
Also, the total area of critical slopes within the area of disturbance for the proposed project
is 0.44 acres, which only composes 16% of the 2.77 acres of critical slopes that exist on the
parcel.
Furthermore, the area that is classified as having 25% or greater slopes composes over
50% of the parcel, with these areas of critical slope being spread throughout the entire
parcel.
Description of Parcel Area Total Critical Total Critical of Critical
Areas slopes on slopes slopes
site disturbed disturbed
TMP 78 -20R 5.34 Acres 2/7 Acres 0.44Acres 16%
Therefore, the request for a waiver is supported by the knowledge that development of
this site would be unreasonably restricted by the requirements of section 4.2. Due to
the existence of critical slopes spread throughout the property, the availability of a
building site of usable shape is excessively limited in size.
Page 1 5/26/ Attachment A Co
Riverfront CSW
Below, each of the main concerns of developing critical slopes as laid out by the
Zoning Ordinance section 18 -4.2 is addressed:
1. movement of soil and rock ": We will provide an erosion and sediment
control plan for controlling the movement of soil and rock involved with the
construction proposed in the critical slopes. This plan will be approved by
the County and will meet the local and State requirements for construction
measures and practices.
2. excessive stormwater run-off': Storm sewer and SWM facilities will be
designed to control and filter the runoff from the site. Proposed paved areas,
which will receive impervious cover during development, will be routed to a
BMP device sized according to County criteria to filter the run -off prior to its
release. Run -off from the site will be routed to an existing storm water
easement for discharge to the natural water course.
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 sustainability.
While the site disturbs a small portion of critical slopes, the design of the project is
taking into full consideration the welfare of the future residents of the townhomes
proposed for the site, and of the general public. The developer has requested he be
allowed to construct off street parking in the rear of the buildings, and has undertaken a
campaign to not widen South Pantops Drive in front of the site. In lieu of the wider
road, he proposes to provide a landscaped island between the townhomes and the
road. This will reduce the amount of run off from the roadway which flows untreated to
the Rivanna River. Furthermore the project includes the construction of a retaining wall
along the rear of the site to minimize the disturbance of the existing slopes.
The reasons given above demonstrate that the grading of critical slopes on this project
will not be detrimental to the health, safety, and /or welfare of the public.
Please call me if you have any questions or concerns.
Sincerely,
Dominion Engineering & Design, LLC
Neal Wright, PE
e ,,
1 Dominion
Engineering 8
Design LU
Page 2 5/26/2
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