HomeMy WebLinkAboutSDP200500019 Executive Summary 2005-12-13COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SDP 05 -019 Hollymead Town Center AGENDA DATE: December 13, 2005
Area D (Abington Place) - critical slopes waiver request
ITEM NUMBER:
SUBJECT /PROPOSAL /REQUEST: Request for a critical
slopes waiver that will allow a multi - family development CONSENT AGENDA: No
with twenty -two (22) townhouse blocks containing up to 149
dwelling units (Attachment A). The property is described as ACTION: Yes INFORMATION:
Tax Map 32 - Parcel 46 (portion) and contains approximately
23 acres, zoned Neighborhood Model District, NMD ATTACHMENTS: Yes
Attachment B). This site is located in the Rio Magisterial
District, at the west end of the Hollymead Towncenter REVIEWED BY: WDF, AGM
adjacent to the Deerwood Subdivision) and is accessed from
Timberwood Boulevard [State Route # 1721]. The PROPERTY OWNER/APPLICANT:
Comprehensive Plan designates this property as Town Center Tribal Properties LLC
in the Hollymead Community.
STAFF CONTACT(S):
Glenn Brooks, P.E., Stephen B. Waller, AICP
BACKGROUND: On August 6, 2003, the Board of Supervisors unanimously approved a zoning map amendment
ZMA 02 -002) that rezoned the subject parcel to the Neighborhood Model District designation (Attachment C).
That rezoning allows this site to be developed with between 95 and 370 residential units in the form of all
townhouses or a mixture of townhouses and condominiums. Although this site plan originally proposed an overall
build -out of 149 townhouses, it has been revised to show only 88 units. The south side of the property will be
graded in preparation for the remaining units to be completed as a later phase. Those buildings are currently on hold
in order to allow coordination with roads in Area A of the Hollymead Town Center, which are currently under
review with a zoning map amendment (ZTA05 -015).
DISCUSSION:
Review of the request by Current Development staff:
A modification to allow critical slopes disturbance is necessary before this site plan proposal can be approved by
the Site Review Committee. Critical slopes cover approximately four percent (4 %) of the site's 12.95 acres, and
approximately ninety -five percent (95 %) of those slopes would be disturbed under the current proposal. 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 locations or
alignments exist. Non- exempt critical slopes are located in those areas where other features, such as the
townhouse buildings and lots, recreational amenities, and general site grading are proposed.
The roads identified as Gathering Place, Aldersgate Way, and Abington Drive, and two private alleys cross over
areas containing critical slopes. Each of those roads has been reviewed and determined to be in general
accordance with the approved application plan for the rezoning (ZMA 02 -002), and are necessary in their
current alignment to achieve that plan. Therefore, these disturbances are considered to be exempt per Section
4.2.6.c. However, a large BMP facility is proposed over another area of critical slopes that are adjacent to the
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creek at the rear of the property, this proposed disturbance is not exempt, because there are viable alternative
locations, and staff has requested removal of the BMP facilities from these critical slopes areas.
It is noted as a separate but related issue, that the critical slopes next to the stream are in a buffer area to be
dedicated for inclusion in the County's greenways system. Proffer 4 of ZMA 02 -002 states, in part, that the
applicant is to "... dedicate to Albemarle County a 100 foot wide greenway, except for land that is required for
the purpose of stormwater management as determined by the County Engineer." The Director of Community
Development has determined that disturbance of the greenway is permissible because it was anticipated with the
rezoning.
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 (Critical Slopes) and Section 4.2.5 (Modification or Waiver).
Section 4.2
This review is divided into two parts, a review for the engineering impacts and a review of impact on aesthetic
resources. Engineering analysis of critical slopes is provided to address the concerns for increased movement of
soil and rock, siltation, septic effluent and excessive stormwater run -off. Proper slope construction, drainage
control, and vegetative stabilization will prevent any large scale movement of soil and rock. Inspection and
bonding by the County will ensure siltation control during construction, while proper slope stabilization
measures will ensure the long -term stability of the finished slopes. Septic effluent is not a concern because this
site is serviced by the public sanitary sewer system. The final, approved stormwater management facilities will
have to be adequately designed to control stormwater run -off caused by the development of this site. However,
staff does not support the current proposal to locate the two BMPs on the critical slopes at the rear of the site.
The Planning analysis addresses concerns for the possible loss of aesthetic resources with respect to the Open
Space Plan. In this case the open space resources that have been identified as being potentially impacted by this
request are a Buffer Area and Greenways Corridors. This site shares its western boundary with the Deerwood
subdivision, which is shown on the Open Space Plan's Composite Maps to be surrounded by a Buffer Area on
all sides. Buffer Areas are identified as resources intended to separate and protect dissimilar uses. Although
Deerwood consists of single- family dwelling units and Abington Place will contain several rows of multi- family
townhomes, the proximity of the two uses had already been contemplated during the review and approval
processes of the rezoning. Greenways Corridors are recognized for contributing to various purposes intended
for the development areas. The greenway dedication on this particular property will provide access to active and
passive recreation for residents in the immediate area, an opportunity to connect to larger open space as
development continues south, and a buffer around a stream that connects to Lake Hollymead and eventually
flows into the Rivanna River. Staff recognizes that the proffers allow for a portion of the greenway dedication
to be used for stormwater management facilities, if necessary. However, the applicant's proposal to disturb
critical slopes by placing both BMPs entirely within the greenway buffer would result in a significant loss of
aesthetic resources. Therefore, it is staffs opinion that the plan should be revised to in order to preserve the
critical slopes by placing some of the burden of stormwater management on areas within the development.
Section 4.2.5:
Section 4.2.5 establishes the review process and criteria for granting a modification 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 (Staff comments are in italics).
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The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that:
Amended 11- 15 -89)
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 (Added 1 1- 15 -89)
Although a relatively small portion of the total site area is covered with critical slopes, staff recognizes
that some of those slopes that are located within areas identified as resources that are important enough
to have been addressed directly through the approved proffers. Therefore, it is staff's opinion that a
strict application of the requirements set forth in Section 4.2 would act to forward the purposes of the
chapter and otherwise serve the public health, safety or welfare in this case.
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 (Added 1 1- 15 -89)
Although staff notes that the proposed road alignments and building locations are in accordance with
the approved application plan, issues regarding the location of the BMPs must still be resolved. With
respect for the proffers for ZMA 02 -002, and in the absence of critical slopes, it is the County
Engineer's administrative responsibility to determine whether or not it is necessary to construct any
portions of the stormwater management facilities within the 100 -foot wide greenway.
It is staff's opinion that these two BMPs do not need to be located entirely within the greenwav buffer,
and the engineering review staff has requested that those facilities be relocated and /or adjusted several
times throughout the course of this review. In accordance with Section 4.7.2, stor nwater management
facilities are one of the very few uses that can be established within open space to be held in common
ownership. One of the reasonable alternatives would be to shift the facility into the area identified as
Open Space A, which is located directly to the east of the largest BMP. However, the applicant has
refirsed to revise the plans as requested, citing no particular- circumstance, for why the BMPs could not
serve the same pu in the alternate locations recommended by staff. Furthermore, it has not been
denzonstrated that the density levels, road locations and amenities anticipated by the zoning map
amendment would be restricted or otherwise compromised by relocating these facilities. Therefore, it is
staff's opinion that the approval of a modification for this plan as currently proposed would solely be
made in order to accommodate the proprietary interests of the developer.
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. (Added 11- 15 -89)
The critical slopes modification is partly necessitated in order to allow the construction of the proposed
BMP, facilities that will only serve private roads and dwellings within this development. Staff has
identified no evidence that the act of granting the requested modification would serve any greater public
purpose than would be served by a strict application of Section 4.2. Conversely, the location of those
privately owned facilities wholly on property that will be dedicated to the County for public use could
place an unnecessary burden upon the public, if BMPs were to fail due to the neglect.
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Generally, staff finds that this site can be developed consistently with the criteria of Section 4.2.5a for granting a
modification of the restrictions on disturbing critical slopes. However, because the applicant is also proposing
the construction of BMP facilities in a location that would require the disturbance of critical slopes and impact
an important resource, and whereas there are reasonable alternatives that have not been fully explored, staff
recommends denial of the requested modification of Section 4.2. However, if the Commission can make the
necessary positive findings required by Section 4.2.5b, staff recommends application of a condition requiring
the redesign and relocation of the BMP facilities so that the greenway buffers are minimally impacted, subject to
the approval of the County Engineer, as stated in proffer number 4 of the rezoning (ZMA 02 -002).
Attachments:
A - Site plan reduction and request for modification
B - Tax and location maps
C - Approval letter for ZMA 02 -002
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