HomeMy WebLinkAboutSDP200700104 Staff Report 2007-12-11ti
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 2007 -104 Church of Staff: David E. Pennock, AICP; Jonathan
Jesus Christ Latter -Day Saints Sharp
Planning Commission Public Hearing:Board of Supervisors Hearing:
December 11, 2007 Not applicable
Owners: Church of Jesus Christ Latter -Day Applicant: John Griffin
Saints
Acreage: 5.14 Acres Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 32, Parcels 17 and 17E3 By -right use: RA, Rural Areas and EC,
Location: approximately 0.75 miles from the
Entrance Corridor
intersection of Seminole Trail [Rte. 29N] and
Airport Road [Rte. 649]
Magisterial District: Rivanna Proffers /Conditions: Yes
Requested # of Dwelling Lots: n/a DA — X RA —
Proposal: Request for approval of a waiver to Comp. Plan Designation: The
allow disturbance of critical slopes related to Comprehensive Plan designates this property
the construction of a regional stormwater as Industrial Service in the Hollymead
detention pond that will serve adjacent Community
development.
Character of Property: The property is Use of Surrounding Properties: The
currently being developed as a previously Charlottesville Albemarle Regional Airport is
approved church building with associated located roughly one mile to the northwest.
parking.The general area also contains the Airport
Center Subdivision, which is light industrial,
and undeveloped land, much of which is part
of the University of Virginia Research Park.
Factors Favorable: (see report)Factors Unfavorable: (see report)
RECOMMENDATION
Staff recommends denial of the critical slopes waiver.
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STAFF PERSON
PLANNING COMMISSION
AGENDA TITLE:
APPLICANT
PROPERTY OWNER(S)
David E. Pennock, AICP; Jonathan Sharp
December 11, 2007
SDP 2007 -104 Church of Jesus Christ Latter -Day Saints
John Griffin
Church of Jesus Christ Latter -Day Saints
APPLICANT'S PROPOSAL
Request for approval of a waiver to allow disturbance of critical slopes related to the construction of a
regional stormwater detention pond that will serve adjacent development. This property is described as
Tax Map 32, Parcels 17 and 17E3, and is zoned RA, Rural Areas and EC, Entrance Corridor. The
property is located in the Rio Magisterial District. Access to this property is approximately 0.75 miles
from the intersection of Seminole Trail [Rte. 29N] and Airport Road [Rte. 649].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area as Industrial Service in the Hollymead Community.
Attachment D)
PLANNING AND ZONING HISTORY
SP 04 -057: A Special Use Permit was approved allowing the construction of a church consisting of a
24,000 square foot building with 270 parking spaces on this property.
SDP 05 -060 and SDP 06 -086: The preliminary and final site plans for the church approved by the SP
listed above were approved with final site plan approval in March, 2007.
WPO 06 -055: (currently under review) In October, 2007, a revised stormater management plan was
submitted for the church, which proposed relocating the previously approved stormwater management
facility to different areas off -site of the church property. Comments made during the review of the WPO
plan included the need for a critical slopes waiver, which is the subject of the current request.
REASON FOR PLANNING COMMISSION REVIEW
The applicant submitted a Water Protection Ordinance (WPO) application proposing two regional
stormwater management facilities on the above referenced parcels. Stormwater management facilities
are typically exempted from critical slopes protection ordinances, provided that the applicant
demonstrates that no reasonable alternative location exists. However, in this case, a previously
approved location for a stormwater management facility was part of the site plan for this church. Thus,
a reasonable alternative exists for at least one of the proposed facilities, and this proposed facility is not
deemed to be exempt. As such, the Planning Commission must review the proposed disturbance of
critical slopes in accordance with the criteria specified in Section 4.2.5 of the Zoning Ordinance.
CRITICAL SLOPES WAIVER
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(b) allows the Planning Commission to waive this restriction. The
applicant has submitted a request and justification for the waiver (Attachment C), and staff has analyzed
this request to address the provisions of the Ordinance.
Critical slopes cover approximately 2.6 acres, or 8.3 percent, of the 31 acres included in the parcels
subject to this request. This request is to disturb 0.12 acres, or 4.6 percent, of these critical slopes. The
critical slopes in the area of this request do not appear to be man -made. 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." These concerns have been addressed directly through the analysis provided
herein, which is presented in two parts, based on the Section of the Ordinance each pertains to.
Section 4.2.5(a)
Review of the request by Current Development Engineering staff:
The critical slope waiver request has been reviewed. The engineering analysis of the request follows:
Description of critical slope area and proposed disturbance:
The critical slope area, within Tax Map 32, Parcels 17 and 17E3, appears to be natural slopes. The
critical slope disturbance is in the form of a proposed stormwater management facility. This proposed
facility is intended to serve roughly 8 acres of future development on portions of parcels 17, 17E1,
17E2, and 17E3. The proposed facility will also serve the LDS Church on parcel 17A1 (roughly 4
acres), which is currently under construction.
Areas Acres
Total site 31.3 acres approximately
Critical slopes 2.6 8.3% of site
Critical slopes disturbed 0.12 4.6% of critical
slopes
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is discussed:
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"
Stormwater runoff will not increase, as the proposed stormwater facility will provide adequate
stormwater detention.
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 proposed disturbance will be partially visible by neighboring properties. The plans show
clearing of an additional 3 acres of wooded area will be necessary in order to install the proposed
facility.
septic effluent "
The LDS church is served by public sewer.
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
As discussed above, the proposed critical slope disturbances associated with this plan are not exempt.
The previously approved plans for the LDS Church (WPO 2006 -055) show a proposed bioretention
basin in the location of the sediment basin currently on site (after final stabilization, the sediment basin
will be retrofitted to a bioretention basin). This approved plan presents a reasonable alternative location
for a stormwater management facility.
3
The proposed facility will serve parcels in addition to that on which the church is being constructed.
However, at this point, no plans have been submitted showing the future development that the proposed
stormwater facility will serve. If a preliminary plan were submitted showing the future development,
the location might be demonstrated to be a reasonable location in order to serve future development, and
thus a critical slopes waiver might not be necessary. However, without any plans of the proposed
development, engineering staff cannot support the proposed facility.
Based on the above review, engineering recommends denial to the critical slope waiver.
Review of the request by Current Development Planning staff:
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(b) here, along with staff comment on the various provisions.
The commission may modify or waive any requirement ofsection 4.2 in a particular case upon finding
that:
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 ofsection 4.2 to at least an equivalent degree; or
Added I1- I5 -89)
The Open Space Plan is the primary tool used by staff to identify aesthetic resources. The maps
in the Open Space Plan include inventory maps which show all resources. The composite map
indicates those resources that are of the highest significance or are part of a system forming a
significant resource, such as a stream valley or mountain range. The Open Space Plan shows
slopes > 25 %" on this property on the "Inventory Map F. However, they are not reflected on
the "Composite Map ". Based on the content of the Open Space Plan, staff opinion is that the
critical slopes on this site do not represent a significant resource.
The developer has proposed alternatives to the proposed layout. However, as discussed above,
one such alternative — the approved site plan for the church — is deemed to satisfy the intent of
the Ordinance to a greater degree than the proposed alternative. As indicated in the applicant's
request letter, the primary reasons for the relocation of the approved facility are to serve future
development that has not been reviewed by the County and to move the facility off of the more
valuable developable portion of the property.
Staff finds that a strict application of the requirements set forth in Section 4.2 would forward the
purposes of this chapter and 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 properties. 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 11 -15-
89)
4
Denial of this waiver would not prohibit or restrict the use of the property. A site plan was
previously approved that allows the development of the church to the full extent that was
allowed by the Special Use Permit.
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)
This property is in the Development Areas, and the resources on the site have not been indicated
as significant resources in the Open Space Plan. Stormwater management facilities may be
exempted from the requirements of the Ordinance if alternative locations are not possible.
However, given the previously approved site plan, staff finds that granting this modification
would not serve a public purpose of greater import than this Ordinance..
RECOMMENDATION Staff is not able to find that the provisions of Section 4.2.5(b) have been met.
As presented in previous sections of the Staff Report, it is possible that this location may be appropriate
for a stormwater management facility in the context of a larger development plan for this area.
However, without such a plan, it is impossible to make such a finding. Staff recommends denial of the
critical slopes waiver.
ATTACHMENTS
A. Preliminary Plat
B. Location/Detail Maps
C. Applicant's Request and Justification
D. Open Space Map
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BLACKWELL ENGINEERING, PLC
566 E. MARKET ST. • HARRISONBURG, VIRGINIA _2901 • ( 540) 432 - • FAX (540) 434 -7604
November 14, 2007
David Pennock, Principal Planner
Albemarle County Community Development
401 McIntyre Road
Charlottesville, VA 22902
Subject: Critical Slope Waiver Request for Regional Detention Pond
on TM 32 -17 and 32 -17E3 (WPO -2007- 00027)
BE #1853
Dear David,
In accordance with review comment C.5 by Jonathan Sharp dated 23 October 23 2007,
please process this request for a critical slope waiver described in Chapter 18, Section
4.2.6c of the Albemarle County Code.
The temporary stormwater management facility installed immediately downslope of the
LDS Church project on TM 32 -17 was required to proceed with the building of the
church. It was never proposed to remain in that location as it occupies valuable
developable land that does not have steep slopes. No reasonable alternative location
exists for a permanent stormwater management facility further upslope from the
permanent location proposed in the detention pond plans.
Description of critical slope area and proposed disturbance — The proposed location
of the regional detention pond is in a drainage ravine or Swale with spotty, non-
contiguous areas of critical slopes, i.e., 4:1 (25 %) and greater. It is good engineering
practice for regional detention facilities to be located as far downslope as possible to
intercept the greatest tributary area and reduce the overall number of ponds and their
associated land disturbance. The proposed location of this facility will intercept
stormwater runoff from portions of five parcels of land: the LDS Church (32- 17A1),
parcel 32 -17, and three parcels on Dobleann Drive (32 -17E1 through E3). The proposed
facility will use 2.5:1 (40 %) slopes on the outside of the embankment and 2:1 (50%)
slopes on the water -side of the impoundment. The use of these slopes is consistent with
standard engineering practice and disturbs the least amount of land. A single release pipe
is proposed to discharge the detained stormwater into the same ravine where the existing
un- detained runoff currently flows.
CIVIL ENGINEERS SPFCIALIZING IN LAND DEVELOPNIFNT, ENVIRONMENTAL. NEEDS
CONSTRUCTION MANAGFMENT SERVING COMMERCIAL, INDUSTRIAL AND MUNICIPAL ATTACHMENT C
David Pennock
November 14, 2007
Page 2
Area Tabulation
Areas Acres
TM 32 -17 28.53
TM 32 -17E3 2.77
Total Area 31.30
Critical slopes 1 2.60, 8.30 of total area
Critical slopes disturbed 0.12, 4.6% of critical slopes
Compliance with Zoning Ordinance 18 -4.2
1. Movement of soil and rock - Proper slope construction, control of drainage, and
vegetative stabilization will prevent movement of soil and rock.
2. Excessive stormwater runoff - the regional detention pond has been designed to
accommodate the tributary area with up to 80/0 of the surface eventually
becoming impervious with buildings and pavement. Stormwater runoff from the
proposed pond serving a fully developed drainage area will reduce runoff to an
amount that is less than the area now produces. See calculations dated and
submitted September 18, 2007.
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 stability.
4. Loss of aesthetic resource - The proposed permanent detention facility is located
as far from view from buildings and roadways as possible and will be further
screened by the existing trees in the area.
5. Septic system failure - no septic systems are proposed for these two properties.
Please call me if you have any questions or require additional information to process this
waiver request.
Cordially,
T. Basil Finnegan
Senior Designer
Cc: John Griffin - Zobrist Law Group, Wendell Wood - Gold Leaf Land Trust No. 3
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9
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 2007 -104 Church of Staff: David E. Pennock, AICP; Jonathan
Jesus Christ Latter -Day Saints Sharp
Planning Commission Public Hearing:Board of Supervisors Hearing:
December 11, 2007 Not applicable
Owners: Church of Jesus Christ Latter -Day Applicant: John Griffin
Saints
Acreage: 5.14 Acres Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 32, Parcels 17 and 17E3 By -right use: RA, Rural Areas and EC,
Location: approximately 0.75 miles from the
Entrance Corridor
intersection of Seminole Trail [Rte. 29N] and
Airport Road [Rte. 649]
Magisterial District: Rivanna Proffers /Conditions: Yes
Requested # of Dwelling Lots: n/a DA — X RA —
Proposal: Request for approval of a waiver to Comp. Plan Designation: The
allow disturbance of critical slopes related to Comprehensive Plan designates this property
the construction of a regional stormwater as Industrial Service in the Hollymead
detention pond that will serve adjacent Community
development.
Character of Property: The property is Use of Surrounding Properties: The
currently being developed as a previously Charlottesville Albemarle Regional Airport is
approved church building with associated located roughly one mile to the northwest.
parking.The general area also contains the Airport
Center Subdivision, which is light industrial,
and undeveloped land, much of which is part
of the University of Virginia Research Park.
Factors Favorable: (see report)Factors Unfavorable: (see report)
RECOMMENDATION
Staff recommends denial of the critical slopes waiver.
STAFF PERSON
PLANNING COMMISSION
AGENDA TITLE:
David E. Pennock, AICP; Jonathan Sharp
December 11, 2007
SDP 2007 -104 Church of Jesus Christ Latter -Day Saints
APPLICANT John Griffin
PROPERTY OWNER(S) Church of Jesus Christ Latter -Day Saints
APPLICANT'S PROPOSAL
Request for approval of a waiver to allow disturbance of critical slopes related to the construction of a
regional stormwater detention pond that will serve adjacent development. This property is described as
Tax Map 32, Parcels 17 and 17E3, and is zoned RA, Rural Areas and EC, Entrance Corridor. The
property is located in the Rio Magisterial District. Access to this property is approximately 0.75 miles
from the intersection of Seminole Trail [Rte. 29N] and Airport Road [Rte. 649].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area as Industrial Service in the Hollymead Community.
Attachment D)
PLANNING AND ZONING HISTORY
SP 04 -057: A Special Use Permit was approved allowing the construction of a church consisting of a
24,000 square foot building with 270 parking spaces on this property.
SDP 05 -060 and SDP 06 -086: The preliminary and final site plans for the church approved by the SP
listed above were approved with final site plan approval in March, 2007.
WPO 06 -055: (currently under review) In October, 2007, a revised stormater management plan was
submitted for the church, which proposed relocating the previously approved stormwater management
facility to different areas off -site of the church property. Comments made during the review of the WPO
plan included the need for a critical slopes waiver, which is the subject of the current request.
REASON FOR PLANNING COMMISSION REVIEW
The applicant submitted a Water Protection Ordinance (WPO) application proposing two regional
stormwater management facilities on the above referenced parcels. Stormwater management facilities
are typically exempted from critical slopes protection ordinances, provided that the applicant
demonstrates that no reasonable alternative location exists. However, in this case, a previously
approved location for a stormwater management facility was part of the site plan for this church. Thus,
a reasonable alternative exists for at least one of the proposed facilities, and this proposed facility is not
deemed to be exempt. As such, the Planning Commission must review the proposed disturbance of
critical slopes in accordance with the criteria specified in Section 4.2.5 of the Zoning Ordinance.
CRITICAL SLOPES WAIVER
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(b) allows the Planning Commission to waive this restriction. The
applicant has submitted a request and justification for the waiver (Attachment C), and staff has analyzed
this request to address the provisions of the Ordinance.
Critical slopes cover approximately 2.6 acres, or 8.3 percent, of the 31 acres included in the parcels
subject to this request. This request is to disturb 0.12 acres, or 4.6 percent, of these critical slopes. The
critical slopes in the area of this request do not appear to be man -made. 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." These concerns have been addressed directly through the analysis provided
herein, which is presented in two parts, based on the Section of the Ordinance each pertains to.
Section 4.2.5(a)
Review of the request by Current Development Engineering staff:
The critical slope waiver request has been reviewed. The engineering analysis of the request follows:
Description of critical slope area and proposed disturbance:
The critical slope area, within Tax Map 32, Parcels 17 and 17E3, appears to be natural slopes. The
critical slope disturbance is in the form of a proposed stormwater management facility. This proposed
facility is intended to serve roughly 8 acres of future development on portions of parcels 17, 17E 1,
17E2, and 17E3. The proposed facility will also serve the LDS Church on parcel 17A1 (roughly 4
acres), which is currently under construction.
Areas Acres
Total site 31.3 acres approximately
Critical slopes 2.6 8.3% of site
Critical slopes disturbed 0.12 4.6% of critical
slopes
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is discussed:
Compliance with Zoning Ordinance 18 -4.2:
movement o f soil and rock "
Proper slope construction, control of drainage, and vegetative stabilization will prevent any
movement of soil.
excessive stormwater runoff"
Stormwater runoff will not increase, as the proposed stormwater facility will provide adequate
stormwater detention.
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 proposed disturbance will be partially visible by neighboring properties. The plans show
clearing of an additional 3 acres of wooded area will be necessary in order to install the proposed
facility.
septic effluent "
The LDS church is served by public sewer.
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
As discussed above, the proposed critical slope disturbances associated with this plan are not exempt.
The previously approved plans for the LDS Church (WPO 2006 -055) show a proposed bioretention
basin in the location of the sediment basin currently on site (after final stabilization, the sediment basin
will be retrofitted to a bioretention basin). This approved plan presents a reasonable alternative location
for a stormwater management facility.
3
The proposed facility will serve parcels in addition to that on which the church is being constructed.
However, at this point, no plans have been submitted showing the future development that the proposed
stormwater facility will serve. If a preliminary plan were submitted showing the future development,
the location might be demonstrated to be a reasonable location in order to serve future development, and
thus a critical slopes waiver might not be necessary. However, without any plans of the proposed
development, engineering staff cannot support the proposed facility.
Based on the above review, engineering recommends denial to the critical slope waiver.
Review of the request by Current Development Planning staff:
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(b) 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:
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 11- 15 -89)
The Open Space Plan is the primary tool used by staff to identify aesthetic resources. The maps
in the Open Space Plan include inventory maps which show all resources. The composite map
indicates those resources that are of the highest significance or are part of a system forming a
significant resource, such as a stream valley or mountain range. The Open Space Plan shows
slopes > 25 %" on this property on the "Inventory Map I". However, they are not reflected on
the "Composite Map ". Based on the content of the Open Space Plan, staff opinion is that the
critical slopes on this site do not represent a significant resource.
The developer has proposed alternatives to the proposed layout. However, as discussed above,
one such alternative — the approved site plan for the church — is deemed to satisfy the intent of
the Ordinance to a greater degree than the proposed alternative. As indicated in the applicant's
request letter, the primary reasons for the relocation of the approved facility are to serve future
development that has not been reviewed by the County and to move the facility off of the more
valuable developable portion of the property.
Staff finds that a strict application of the requirements set forth in Section 4.2 would forward the
purposes of this chapter and 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 properties. 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 11 -15-
89)
Denial of this waiver would not prohibit or restrict the use of the property. A site plan was
previously approved that allows the development of the church to the full extent that was
allowed by the Special Use Permit.
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)
This property is in the Development Areas, and the resources on the site have not been indicated
as significant resources in the Open Space Plan. Stormwater management facilities may be
exempted from the requirements of the Ordinance if alternative locations are not possible.
However, given the previously approved site plan, staff finds that granting this modification
would not serve a public purpose of greater import than this Ordinance..
RECOMMENDATION Staff is not able to find that the provisions of Section 4.2.5(b) have been met.
As presented in previous sections of the Staff Report, it is possible that this location may be appropriate
for a stormwater management facility in the context of a larger development plan for this area.
However, without such a plan, it is impossible to make such a finding. Staff recommends denial of the
critical slopes waiver.
ATTACHMENTS
A. Preliminary Plat
B. Location/Detail Maps
C. Applicant's Request and Justification
D. Open Space Map
Legend
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November 14, 2007
David Pennock, Principal Planner
Albemarle County Community Development
401 McIntyre Road
Charlottesville, VA 22902
Subject: Critical Slope Waiver Request for Regional Detention Pond
on TM 32 -17 and 32 -17E3 (WPO -2007 -00027)
BE #1853
Dear David,
In accordance with review comment C.5 by Jonathan Sharp dated 23 October 23 2007,
please process this request for a critical slope waiver described in Chapter 18, Section
4.2.6c of the Albemarle County Code.
The temporary stormwater management facility installed immediately downslope of the
LDS Church project on TM 32 -17 was required to proceed with the building of the
church. It was never proposed to remain in that location as it occupies valuable
developable land that does not have steep slopes. No reasonable alternative location
exists for a permanent stormwater management facility further upslope from the
permanent location proposed in the detention pond plans.
Description of critical slope area and proposed disturbance — The proposed location
of the regional detention pond is in a drainage ravine or swale with spotty, non-
contiguous areas of critical slopes, i.e., 4:1 (25 %) and greater. It is good engineering
practice for regional detention facilities to be located as far downslope as possible to
intercept the greatest tributary area and reduce the overall number of ponds and their
associated land disturbance. The proposed location of this facility will intercept
stormwater runoff from portions of five parcels of land: the LDS Church (32- 17A1),
parcel 32 -17, and three parcels on Dobleann Drive (32 -17E1 through E3). The proposed
facility will use 2.5:1 (40 %) slopes on the outside of the embankment and 2:1 (50 %)
slopes on the water -side of the impoundment. The use of these slopes is consistent with
standard engineering practice and disturbs the least amount of land. A single release pipe
is proposed to discharge the detained stormwater into the same ravine where the existing
un- detained runoff currently flows.
C I\ IL LN(,1NI+IZS SPLC'L\I 171 \6 IN LAND DI_ \TI,O1 ,IL -Vf, EN\ IRO\ \ILL' I AI Nt.PUS
CONSTRLC'FION MAN WI-\It NT SLR\'I\(i ('lt: \t \1LRCI: \I . INIH sFRIAL AND Mt NI('IPAL
ATTACHMENT C
David Pennock
November 14, 2007
Page 2
Area Tabulation
Areas Acres
TM 32 -17 28.53
TM 32 -17E3 2.77
Total Area 31.30
Critical slopes 2.60, 8.3% of total area
Critical slopes disturbed 0.12, 4.6% of critical slopes
Compliance with Zoning Ordinance 18 -4.2
1. Movement of soil and rock — Proper slope construction, control of drainage, and
vegetative stabilization will prevent movement of soil and rock.
2. Excessive stormwater runoff — the regional detention pond has been designed to
accommodate the tributary area with up to 80% of the surface eventually
becoming impervious with buildings and pavement. Stormwater runoff from the
proposed pond serving a fully developed drainage area will reduce runoff to an
amount that is less than the area now produces. See calculations dated and
submitted September 18, 2007.
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 stability.
4. Loss of aesthetic resource — The proposed permanent detention facility is located
as far from view from buildings and roadways as possible and will be further
screened by the existing trees in the area.
5. Septic system failure — no septic systems are proposed for these two properties.
Please call me if you have any questions or require additional information to process this
waiver request.
Cordially,
T. Basil Finnegan
Senior Designer
Cc: John Griffin — Zobrist Law Group, Wendell Wood — Gold Leaf Land Trust No
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 07 -078: NGIC Staff: David Pennock, Jonathan Sharp
Expansion — Preliminary Site Plan
Planning Commission Public Hearing:Board of Supervisors Hearing:
November 13, 2007 Not appli cable
Owners: Next Generation, LLC Applicant: United Land Corporation
Acreage: 15 acres within the 116 acre parcel Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 33, Parcel 1 D (in part) and 1 F By -right use: CO, Commercial Office zoning
in part)with Special Use permits to allow Research
Location: East of Seminole Trail [Route 29N]and Development Laboratories and
at the end of Boulders Road [Private]
Residential uses
Magisterial District: Rivanna Proffers /Conditions: Yes
Requested # of Dwelling Lots: n/a DA— X RA —
Proposal: Request for preliminary site plan Comp. Plan Designation: Industrial Service
approval for construction of two four -story in the Community of Piney Mountain in the
office buildings totaling 178,800 square feet Development Area
and site preparation work related to a future
project for a 120 -unit residential building.
Character of Property: This property is Use of Surrounding Properties: Adjacent to
currently partially wooded, with some meadow the existing National Ground Intelligence
areas, unimproved roadways, and drainage Center (NGIC) and to low density
swales.residential /rural uses
Factors Favorable: (see report)Factors Unfavorable: (see report)
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of the Zoning Ordinance and
recommends approval of the preliminary site plan subject to the conditions presented in the
staff report.
STAFF PERSON David E. Pennock, Jonathan Sharp
PLANNING COMMISSION November 13, 2007
SITE PLAN SDP 07 -078: NGIC Expansion — Preliminary Site Plan
PROPERTY OWNER Next Generation, LLC
APPLICANT United Land Corporation
APPLICANT'S PROPOSAL
Request for preliminary site plan approval for construction of two four -story office buildings totaling
178,800 square feet and site preparation work related to a future project for a 120 -unit residential
building. This project was called up for review by the Planning Commission.
CHARACTER OF AREA
This project is within an area east of Route 29N at the end of the previously constructed portion of
Boulders Road, which currently serves the National Ground Intelligence Center (NGIC). Camelot and
Briarwood subdivisions are on the west side of Route 29N at this location, and General Electric has a
facility nearby. The North Fork of the Rivanna River flows adjacent to portions of the NGIC site. The
surrounding properties include mostly low - density rural residential uses, the majority of which are also
owned by this applicant.
PLANNING AND ZONING HISTORY
ZMA 07 -003 NGIC Expansion: This property was rezoned to Commercial Office in August, 2007,
with proffers and a proffered application plan showing the construction of two office buildings and a
residential building, as well as the extension of Boulders Road and some associated improvements to
Route 29.
SP 07 -031 Special Use Permit- Residential Units: A special use permit was approved with conditions
in August, 2007 in order to allow Research and Development Laboratories.
SP 07 -032 Special Use Permit - Research & Development; Labs: A special use permit was approved
with conditions in August, 2007 to allow residential uses on this property.
ZMA 99 -002 Value America: A rezoning was submitted in 1999 for Light Industrial on a portion of
TMP 33 -1 D, but was eventually withdrawn.
SP 99 -033 NGIC Access Road: A special use permit was granted in August, 1999 to allow fill in the
floodplain for the construction of the access road (now known as Boulders Road).
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Industrial Service in the Community of Piney
Mountain in the Development Area.
REASON FOR PLANNING COMMISSION REVIEW:
Request for review of a preliminary site plan by the Planning Commission in accordance with Section
32.4.2.6; this application has been requested for review by a member of the Planning Commission
Attachment Q. At its meeting on October 9, 2007, the Planning Commission accepted the applicant's
request for deferral of decision regarding this application. At that time, the proposal was reviewed by
staff and found to be out of compliance with the application plan approved with the rezoning and would
have required a variation as set forth in section 8.5.5.3. The proposal has been revised by the applicant
2
and re- reviewed by staff.
STAFF COMMENT:
This project was reviewed for compliance with the Zoning Ordinance, as well as the Application Plan and
proffers approved with the ZMA for this project. One change has been proposed since approval of the
Application Plan. A storm water management facility is proposed with Phase 1 of the construction. The
location of this stormwater facility is within the footprint of the residential building that is proposed with a
future phase. The Zoning Administrator has determined that this change is in general accord with the
application plan with the condition that the construction of this facility must not impact the required 20 -foot
buffer adjacent to the Rural Areas zoned properties on three sides. In addition, the facility must conform to
the Application Plan in all other ways. The applicant has worked with other members of the Site Review
Committee to resolve issues presented during the initial review of the site plan. This project has been
reviewed by the Site Review Committee with additional comments presented below as conditions.
RECOMMENDED ACTION
Staff has reviewed this request for compliance with the provisions of the Zoning Ordinance and
recommends approval of the preliminary site plan subject to the following conditions:
The final site plan shall also be subject to these conditions:
1. The Current Development Division shall not accept submittal of the final site plan for signature
until tentative final approvals for the following conditions have been obtained. The final site
plan shall not be signed until the following conditions have been met:
a. Current Development Planner approval to include:
i. Approval of Lighting Plan, including specification sheets and photometric layouts
for proposed new lights, in accordance with Section 4.17.
ii. Approval of Landscaping Plan, including required screening, in accordance with
Section 32.7.9.
iii. Approval of Conservation Plan, in accordance with the approved Application Plan.
iv. Conditions of both Special Use Permits must be included on the site plan.
b. Current Development Engineer approval to include review of all applicable items as
specified in the Design Standards Manual, as well as:
i. Erosion and Sediment Control Plan.
ii. Stormwater Management Plan.
iii. Please provide all needed easements (or at a minimum for preliminary approval, a
letter of intent) from the United States of America for grading, drainage easements,
use of the pond, etc. A drainage easement will be needed from both proposed outfalls
of the NGIC expansion. Drainage easements should be shown correctly over ditches
and drainage structures.
iv. Parking areas cannot exceed 5% grade in any direction.
v. Grading errors shown on the proposed plan must be corrected.
c. Albemarle County Building Official approval.
d. Fire and Rescue Division approval to include:
i. Verify adequate fire flow is available.
e. Albemarle County Service Authority approval to include:
i. Dedication of offsite water and sewer is required prior to final approval.
ii. Approval of final water and sewer construction drawings.
f. Virginia Department of Transportation approval to include:
i. Approval of plans for all State maintained portions of the property and entrances
into the site.
3
ii. Road and drainage plans need to be provided for the extension of Boulders Road.
iii. The plan needs to address the need for a right turn lane into the site.
iv. The plan needs to show the proffered improvements to route 29.
v. The entrance to the site at Boulders Road needs to be designed in accordance with
the Minimum Standards of Entrances to State Highways and VDOT ' s Road
Design Manual.
ATTACHMENTS:
A. Vicinity Map
B. Preliminary Site Plan
C. Approved Application Plan
D. Letter requesting Planning Commission Review
E
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RIVANNA DISTRICT
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NEXT GENERATION LLC
PC BOX 5548
CHARLOTTESVILLE, VA 22QOS
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800 E. JEFFERSON ST., SUITE 300
CHARLOTTESVILLE, VA 22902
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Page 1 of I
From: Marcia Joseph [marcia48I @earthlink.net]
Sent: Monday, August 20, 2007 6:54 PM
To: David E. Pennock
Subject: NGIC
Follow Up Flag: Follow up
Flag Status: Yellow
David,
I'd like to call this up for planning commission review.
Item Number: SDP2007 -00078
Project Lead Reviewer: David Pennock
Project Name: NGIC Expansion
Request for preliminary site plan approval for construction of two four -story office buildings
totaling 178,800 square feet and site preparation work related to a future project on approximately
15 acres zoned CO - Commercial Office and EC - Entrance Corridor. The property, described as
portions of Tax Map 33, Parcels 1 D and 1F, is located in the Rivanna Magisterial District east of
Seminole Trail [Route 29N] at the end of Boulders Road [Private]. The Comprehensive Plan
designates this property as Industrial Service in the Community of Piney Mountain in the
Development Area.
Thanks,
Marcia
Marcia Joseph, ASLA, AlCP
At Large Representative
Albemarle County Planning Commission
Joseph Associates LLC
481 Clarks Tract
Keswick, Virginia 22947
Phone 434 - 984 -4199
Fax 434 - 984 -3098
Attachment D
tile: / /C: \DPennockDocs \Reviews \Site Plans \2007 \NGIC \Request for PC Review.htm 10/2/2007
qWW
vIN1P
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 07 -078: NGIC Staff: David Pennock, Jonathan Sharp
Expansion — Preliminary Site Plan
Planning Commission Public Hearing:Board of Supervisors Hearing:
October 9, 2007 Not applicable
Owners: Next Generation, LLC Applicant: United Land Corporation
Acreage: 15 acres within the 116 acre parcel Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 33, Parcel 1 D (in part) and 1 F By -right use: CO, Commercial Office zoning
in part)with Special Use permits to allow Research
and Development Laboratories andLocation: East of Seminole Trail [Route 29N]Residential uses
at the end of Boulders Road [Private]
Magisterial District: Rivanna Proffers /Conditions: Yes
Requested # of Dwelling Lots: n/a DA— X RA—
Proposal: Request for preliminary site plan Comp. Plan Designation: Industrial Service
approval for construction of two four -story in the Community of Piney Mountain in the
office buildings totaling 178,800 square feet Development Area
and site preparation work related to a future
project for a 120 -unit residential building.
Character of Property: This property is Use of Surrounding Properties: Adjacent to
currently partially wooded, with some meadow the existing National Ground Intelligence
areas, unimproved roadways, and drainage Center (NGIC) and to low density
swales.residential /rural uses
Factors Favorable: (see report)Factors Unfavorable: (see report)
RECOMMENDATION
The preliminary site plan cannot be approved as submitted
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STAFF PERSON
PLANNING COMMISSION
SITE PLAN
PROPERTY OWNER
APPLICANT
David E. Pennock, Jonathan Sharp
October 9, 2007
SDP 07 -078: NGIC Expansion — Preliminary Site
Plan
Next Generation, LLC
United Land Corporation
APPLICANT'S PROPOSAL
Request for preliminary site plan approval for construction of two four -story office buildings totaling
178,800 square feet and site preparation work related to a future project for a 120 -unit residential
building. This project was called up for review by the Planning Commission.
CHARACTER OF AREA
This project ise within an area east of Route 29N at the end of the previously constructed portion of
Boulders Road, which currently serves the National Ground Intelligence Center (NGIC). Camelot and
Briarwood subdivisions are on the west side of Route 29N at this location, and General Electric has a
facility nearby. The North Fork of the Rivanna River flows adjacent to portions of the NGIC site. The
surrounding properties include mostly low - density rural residential uses, the majority of which are also
owned by this applicant.
PLANNING AND ZONING HISTORY
ZMA 07 -003 NGIC Expansion: This property was rezoned to Commercial Office in August, 2007,
with proffers and a proffered application plan showing the construction of two office buildings and a
residential building, as well as the extension of Boulders Road and some associated improvements to
Route 29.
SP 07 -031 Special Use Permit - Residential Units: A special use permit was approved with conditions
in August, 2007 in order to allow Research and Development Laboratories.
SP 07 -032 Special Use Permit- Research & Development; Labs: A special use permit was approved
with conditions in August, 2007 to allow residential uses on this property.
ZMA 99 -002 Value America: A rezoning was submitted in 1999 for Light Industrial on a portion of
TMP 33 -ID, but was eventually withdrawn.
SP 99 -033 NGIC Access Road: A special use permit was granted in August, 1999 to allow fill in the
floodplain for the construction of the access road (now known as Boulders Road).
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Industrial Service in the Community of Piney
Mountain in the Development Area.
REASON FOR PLANNING COMMISSION REVIEW:
Request for review of a preliminary site plan by the Planning Commission in accordance with Section
32.4.2.6. This application has been requested for review by a member of the Planning Commission
Attachment Q.
2
STAFF COMMENT:
This project was reviewed for compliance with the Zoning Ordinance, as well as the Application Plan and
proffers approved with the ZMA for this project. Based on recent changes to the design, the plan is no
longer in compliance with the approved application plan. A stormwater management facility is proposed
along the southwest line of the office buildings. This facility requires substantial grading that will extend
from the edge of these buildings through the 20 -foot buffer and in to the adjacent parcel. As such, two
waivers are necessary for the plan to proceed as submitted. First, the application plan must be amended
through approval of a "Minor Variation to the Approved Plan ", in accordance with proffer #4 of ZMA 07-
003. Assuming approval of such a variation, the applicant must also pursue a waiver in order to disturb the
required 20 -foot buffer that abuts all residential and rural areas districts. This waiver requires the approval
of the variation referenced above, as well as approval by the Planning Commission, in accordance with
Section 21.7.3 of the Zoning Ordinance. Neither of these waivers has been requested at this time.
The applicant has worked with other members of the Site Review Committee to resolve issues presented
during the initial review of the site plan. This project has been reviewed by the Site Review Committee with
additional comments presented below as conditions.
RECOMMENDED ACTION
Based on the non - conformity with the approved Application Plan, as well as the lack of a necessary
waiver for buffer disturbance, the preliminary site plan cannot be approved as submitted. These
modifications must be approved prior to preliminary approval of the site plan.
The final site plan shall also be subject to these conditions:
1. The Current Development Division shall not accept submittal of the final site plan for signature
until tentative final approvals for the following conditions have been obtained. The final site
plan shall not be signed until the following conditions have been met:
a. Current Development Planner approval to include:
i. Approval of Lighting Plan, including specification sheets and photometric layouts
for proposed new lights, in accordance with Section 4.17.
ii. Approval of Landscaping Plan, including required screening, in accordance with
Section 32.7.9.
iii. Approval of Conservation Plan, in accordance with the approved Application Plan.
iv. Conditions of both Special Use Permits must be included on the site plan.
b. Current Development Engineer approval to include review of all applicable items as
specified in the Design Standards Manual, as well as:
i. Erosion and Sediment Control Plan.
ii. Stormwater Management Plan.
iii. Please provide all needed easements (or at a minimum for preliminary approval, a
letter of intent) from the United States of America for grading, drainage easements,
use of the pond, etc. A drainage easement will be needed from both proposed outfalls
of the NGIC expansion. Drainage easements should be shown correctly over ditches
and drainage structures.
iv. Parking areas cannot exceed 5% grade in any direction.
v. Grading errors shown on the proposed plan must be corrected.
c. Albemarle County Building Official approval.
d. Fire and Rescue Division approval to include:
i. Verify adequate fire flow is available.
e. Albemarle County Service Authority approval to include:
i. Dedication of offsite water and sewer is required prior to final approval.
ii. Approval of final water and sewer construction drawings.
f. Virginia Department of Transportation approval to include:
i. Approval of plans for all State maintained portions of the property and entrances
into the site.
ii. Road and drainage plans need to be provided for the extension of Boulders Road.
iii. The plan needs to address the need for a right turn lane into the site.
iv. The plan needs to show the proffered improvements to route 29.
v. The entrance to the site at Boulders Road needs to be designed in accordance with
the Minimum Standards of Entrances to State Highways and VDOT ' s Road
Design Manual.
ATTACHMENTS:
A. Vicinity Map
B. Preliminary Site Plan
C. Approved Application Plan
D. Letter requesting Planning Commission Review
11
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NGIC EXPANSION PROJECT
APPLICATION PLAN
for
ZONING MAP AMENDMENT
ZMA-
2007-003
TO REZONE APPROXIMATELY 15.
0±- ACRES FROM
RA TO CO
SHEET INDEX
SCALE': I" = 400'
TMP 33-
1D (
portion) & 33-
1F (portion)
RIVANNA DISTRICT
ALBEMARLE COUNTY, VIRGINIA
COLLINS ENGINEFERING
i , ` , .,EXHIBIT COVER SHpF--'
OWNER: NEXT GENERATION LLC
PC BOX 5548
CHARLOTTESVILLE, VA 22905
ENGINEER: SCOTT COLLINS, P.
E.
COLLINS ENGINEERING
800 E. JEFFERSON ST., SUITE 300
CHARLOTTESVILLE, VA 22902
Attachment C
AJ' %: ;
7
7
7
SCALE': I" = 400'
TMP
33-
1D (portion) &
33-
1F (portion)
RIVANNA DISTRICT
ALBEMARLE COUNTY, VIRGINIA
COLLINS ENGINEFERING
i , ` , .,EXHIBIT COVER SHpF--'
OWNER: NEXT GENERATION LLC
PC BOX 5548
CHARLOTTESVILLE, VA 22905
ENGINEER: SCOTT COLLINS,
P.
E.
COLLINS ENGINEERING
800 E. JEFFERSON ST., SUITE 300
CHARLOTTESVILLE, VA 22902
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Page 1 of 1
From: Marcia Joseph [marcia481 @earthlink.net]
Sent: Monday, August 20, 2007 6:54 PM
To: David E. Pennock
Subject: NGIC
Follow Up Flag: Follow up
Flag Status: Yellow
David,
I'd like to call this up for planning commission review.
Item Number: SDP2007 -00078
Project Lead Reviewer: David Pennock
Project Name: NGIC Expansion
Request for preliminary site plan approval for construction of two four -story office buildings
totaling 178,800 square feet and site preparation work related to a future project on approximately
15 acres zoned CO - Commercial Office and EC - Entrance Corridor. The property, described as
portions of Tax Map 33, Parcels 1 D and 1 F, is located in the Rivanna Magisterial District east of
Seminole Trail [Route 29N] at the end of Boulders Road [Private]. The Comprehensive Plan
designates this property as Industrial Service in the Community of Piney Mountain in the
Development Area.
Thanks,
Marcia
Marcia Joseph, ASLA, AICP
At Large Representative
Albemarle County Planning Commission
Joseph Associates LLC
481 Clarks Tract
Keswick, Virginia 22947
Phone 434 - 984 -4199
Fax 434 - 984 -3098
Attachment D
file: / /C: \DPennockDocs \Reviews \Site Plans \2007 \NGIC \Request for PC_Review.htm 10/2/2007