HomeMy WebLinkAboutSDP200800020 Staff Report 1958-05-20ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 2008-0020 Whitehouse
Staff: Patrick Lawrence, Jonathan Sharp,
Commercial Preliminary Site Plan
Lisa Glass
Planning Commission Public Hearing:
Board of Supervisors Hearing:
May 20, 2008
Not applicable
Owners: Hurt Investment Company, Inc.
Applicant: Virginia Land Company
Acreage: 4.74 ac.
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 78, Parcels 11 & 9
By -right use: HC, Highway Commercial
Location: Proposed access from proposed Olympia
Drive in the Pantops Development Area.
Magisterial District: Rivanna
Proffers/Conditions: see
recommendation in report
Requested # of Dwelling Lots: NA
DA — YES RA —
Proposal: Applicant proposes construction of
Comp. Plan Designation:
commercial office space in three two-story office
The Comprehensive Plan designates this
buildings totaling 65,120 square feet.
property as Regional Service in Urban
Area 3.
Character of Property: This property is mostly wooded
Use of Surrounding Properties:
and fairly steep. No existing structures are on the site.
Adjacent to multiple residential
subdivisions, including Fontana and
Pavilions on Pantops.
Factors Favorable:
Factors Unfavorable:
Waiver of Section 4.2.5: Critical Slope Analysis:
None identified
4.2.5 (a) Satisfactorily addressed.
4.2.5 (b) Planning finds this particular case meets at
least one of the criteria as required
Waiver of Section 21.7.3: Buffer Zone disturbance:
Disturbance needed for the path results in improved site
design
RECOMMENDATION:
Zoning Ordinance Waiver:
1. Waiver of Section 21.7.3- disturbance of buffer zone (Approval recommended)
2. Waiver of Section 4.2.5 — disturbance of critical slopes (Approval recommended)
Phone (434) 296-5832
To:
From:
Division
Date:
Subject:
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Fax (434) 972-4126
Memorandum
Planning Commission
Lisa Glass, Principal Planner
Zoning and Current Development
May 20, 2008
SDP 08-0020: Whitehouse Commercial Site Development Plan- Preliminary
This letter is to provide additional information regarding the Whitehouse Commercial Site Plan. On
March 25, 2008 the Commission accepted the applicant's request for deferral in order to provide
additional information. The original March staff report is attached. The following addresses the two main
areas of concern discussed at the March meeting: 1) disturbance of the buffer zone and 2) critical slope
waiver. A revised site plan has been submitted to address the Commission's concerns. Revisions to the
plan include: moving the wall out of the buffer, changing the screening fence to evergreen trees and
reductions to building size and parking (Attachment A and site plan sheet C7). New diagrams are attached
to clarify the conditions of the existing buffer, the encroachment of easements from prior approved plans
onto this site and the limit of this applicant's request (Attachments D, E and G).
1) Disturbance of the buffer zone between residential and commercial: The Whitehouse site
plan has been revised so that the walls are not in the buffer. The plan addresses the required
screening in the buffer with a double row of screening trees, as allowed in Section 32.7.9.8. A
sidewalk connection between the residential area and the Whitehouse commercial development,
as requested by the County, crosses the buffer. Staff recommends approval of the waver to allow
disturbance in the buffer zone (Section 21.7.3 analysis follows).
2) Critical Slope waiver: The Whitehouse site plan will disturb existing critical slopes and
therefore requires a Critical Slope Waiver, as discussed in the March staff report. A slope waiver
analysis and additional graphics are included in this letter to clarify the limits of disturbance by
the Whitehouse site plan. A large portion of the site is already disturbed, or allowed to be
disturbed, as allowed by easements given to other approved projects. Staff recommends approval
of the critical slopes waiver. (Section 4.2.5 analysis follows)
Recommended actions:
A) Approve the waiver to allow disturbance in the buffer zone
B) Approve the critical slope waiver request
1. WAIVER TO ALLOW LAND DISTURBANCE IN A BUFFER BETWEEN ZONING
DISTRICTS
Section 21.7.3 provides the method of requesting a waiver:
"Bu%kr zona utljacent to residential and rural areas districts: No constniction activity including
grading or clearing gf'vegetation shall occur closer than rirenty (20) feet to arty residential or
rural areas district. Screening shall be provided as required in section 32.79. Except, the
comn1iSSiOn tmv waive this requirement in a particular case where it has been demonstrated that
grading or clearing is necessat:v or would result in an improved site design, provided that:
u. Mininnan screening requirements are met; and
h. Existing landscaping in excess of'inininnun rcquirementc is substantially restored. "
Disturbance in a Buffer Zone Waiver:
The applicant has revised the plan to minimize the disturbance in the buffer zone. The current
plan shows a wall outside of the buffer. This wall will have a railing at the top which
supplements screening. The wall currently proposed has a maximum height of 10 feet. The
improvements proposed within the buffer are the screening trees required by code and a
pedestrian path.
A large portion of the buffer strip along the Whitehouse property line will be disturbed and
vegetation removed by drainage and grading casements granted to other approved developments,
such that approximately 22 % of the length will contain existing vegetation (Attachment E). The
drainage easement runs up the property line starting at Rolkin Road for about 100 feet then
overlaps the grading easement which runs for approximately another 130 feet, leaving only the
last 65 feet undisturbed.
Section 32.7.9.8 allows screening to be met by maintaining existing vegetation, the addition of a
planting strip, a fence or a combination thereof. New evergreen trees are proposed to supplement
the existing vegetation that remains outside of easements. The plan shows a double row of
evergreen trees to provide screening in the areas where the existing vegetation is removed by
other projects.
The pedestrian path was the result of staff requesting an inter -parcel connection . The applicant
worked with staff to find the most functional location for a path. Staff was aware that the
proposed path location crosses the buffer, but supports the goal of walkablity. The proposed
path connects near the road at the Pavillions and part of the path will be within the grading
easement already approved for that development. (Pavilions Preliminary Site Plan approved by
the Commission on March 14, 2006). The portion of the path that falls in the undisturbed area of
the buffer can be located to minimize disturbance of existing vegetation.
The grading and clearing required for the pedestrian connection will result in an improved design
that allows inter -parcel pedestrian connectivity. The plan shows the minimum screening
requirements and the existing vegetation left undisturbed by other projects will be maintained
and supplemented by adding evergreen screening trees.
STAFF COMMENT:
Staff recommends approval of the waiver to allow disturbance in the buffer zone with one condition,
Condition (1) staff approve the final alignment of the pedestrian path within the buffer zone to
minimize impact on existing vegetation.
2. CRITICAL SLOPES MODIFICATION
The request for a modification has been reviewed for both the Engineering and Planning aspects
of the critical slopes regulations. Section 4.2.3.2 of the Zoning Ordinance restricts earth -
disturbing activity on critical slopes, while Section 4.2.5(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 0.9 acres, or approximately 15 percent of the 6.4 acre site.
Roughly 75% of the critical slopes on site are exempted from needing a critical slopes waiver
(0.7 acres). These critical slopes are exempted because they have already been approved for
disturbance by adjacent projects under prior approved critical slopes waivers, or they were
created by an approved site plan (Attachment D).This request is for approval of a waiver to
allow disturbance of the remainder of the critical slopes on site, totaling 0.2 acres. The critical
slopes in the area of this request appear to be natural. Staff has reviewed this waiver request with
consideration for the criteria that are set forth in Section 4.2 of the Zoning Ordinance, entitled
"Critical Slopes."
A request to allow disturbance of critical slopes must also be reviewed in accord with the
requirements of Section 42.5. This section requires a two part analysis. Section 4.2.5(a) is a
review of the technical performance standards. If these technical standards are not met the
disturbance of critical slopes cannot be approved by the Planning Commission. If these technical
standards are met, the Planning Commission may then consider the disturbance of critical slopes.
The criteria for the Planning Commission's review of the disturbance of critical slopes are found
in Section 4.2.5(b). 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:
The non-exempt critical slope areas within TMP's 78-9 and 78-11 appear to contain natural
slopes. The critical slope disturbances are in the form of commercial construction which include
parking spaces, landscaped curb islands, and buildings.
Areas
Acres
Total site area
6.4 acres approx.
Total critical slopes on site
0.9 acres approx.
15 % of development
Proposed critical slope disturbance,
Exempt
0.7 acres approx.
75 % of critical slopes
Proposed critical slope disturbance,
Non-exempt
0.2 acres approx.
25 % of critical slopes,
100% of non-exempt critical
slopes on site
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
As previously mentioned, and shown in the chart above, 75% of proposed critical slope
disturbance is exempt (0.7 acres) as the critical slopes shown are the result of a previously
approved plan (Town & County Drive Phase II and Olympia Drive, Car Max, Luxor, Pavilions
Phase I). All of the aforementioned projects received critical slope waivers for any critical slope
4
disturbance on this site. The remaining 25% of proposed critical slope disturbance is not exempt
(0.2 acres).
Below, each of the concerns of Zoning Ordinance section 18-4.2 is addressed:
"rapid and/or large scale tnovement ofsoil and rock": The areas of existing critical
slopes on this site are relatively small and scattered. There is a mixture of cut and till
over the critical slopes. Large scale movement of soil and rock is not anticipated to
occur as a result of this construction.
2. "excessive storniwater run-off"': The site drains to Luxor Stormwater Management
Pond # 1, which has been designed to handle the runoff from the proposed site for
both Stormwater Quality and Detention.
3. "siltation of natural and man-made bodies of tirater ": Inspection and bonding by the
County will address siltation control during construction. Proper stabilization and
maintenance will enhance long term stability.
4. "loss of aesthetic resource ": Although the disturbance will be visible from adjacent
parcels and future public roadways. The Open Space Plan is used to evaluate the loss
of aesthetic resource. This site has no resources identified in the Open Space Plan.
Staff find that disturbance of the critical slopes on this site are not a loss of aesthetic
resource.
5. "septic effluent ": No septic systems or drainfields are proposed in this project. This
site is accessible to the public sanitary sewer system.
This site does not drain into a waterway that is a public drinking water supply for Albemarle
County. No portion of this site plan is located inside the 100 -year flood plain area according to
FEMA Maps, dated 04 February 2005.
Based on the above review, the applicant has satisfactorily addressed the technical criteria for the
disturbance of critical slopes.
Section 4.2.5(b)
Recommendations on the findings that must be made by the Planninp, Commission in order
to allow disturbance of critical slopes.
The connnission rnav inodifv or waivc any requirement of section 4.2 in a particular case upon
finding that:
1. Strict application of the requirements ofsection 4.2 tii•ould not fortiti�ard the purposes of
ty ti1•
this chapter or otherwise serve the public health, safeor el fare, or that alternatives
proposed by the developer would satisfy the ptaposes of section 4.2 to at least all
equivalent degree; or (Added 11-15-89)
The property is an existing undeveloped parcel neighbored by proposed roads and
residential areas to the north and east and by existing commercial areas to the south and
west. The site plan indicates both cut and fill in the areas of existing critical slopes. The
applicant has proposed protective and restorative measures intended to minimize erosion
and siltation both during and post construction. These measures will satisfy the purpose
of Section 4.2 to at least an equivalent degree.
Granting the waiver forwards the purposes of this chapter by providing the type of
commercial development anticipated in the development area while addressing erosion
control concerns. Approval of this request would accommodate the expansion of an infill
property within the development area of the Comprehensive Plan.
Staff finds strict application of the requirements of Section 4.2 would not forward the
purposes of this chapter in allowing commercial infill development
2. Dice 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
wee /are, 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 modification would not prohibit or unreasonably restrict the use of the
property or result in significant degradation of the site or adjacent properties. However,
since the existing critical slopes occur near the middle of the site, denial would
significantly alter and reduce the type of development that could occur on this site.
The modification of this section will 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.
Granting such modification or waiver would serve a public purpose ofgreater import
than would be served by strict application ofsection 4?. (Added 11 -IS -89)
This property is in the development areas and represents a commercial development in
accord with the Comprehensive plan designation. As such, grading the site as one unit
would more effectively provide for commercial development.
RECOMMENDATION:
Staff review has resulted in only favorable findings:
Favorable factors:
1. The measures proposed by the applicant will satisfy the purpose of Section 4.2, at least to
an equivalent degree, meeting the requirement for 4.2.5 (b) (1).
2. The overall grading of the site is consistent with the type of commercial development
intended for this designated commercial area, meeting the requirement for 4.2.5 (b) (3).
Unfavorable factors:
None found.
The Planning Commission may grant the modification if it finds that the request has met at least
one of the three requirements in Section 4.2.5 (b). Staff has found that the request for
modification meets two of the three requirements, and therefore recommends approval.
Response to Commission Questions at the PC Meetinp, 3/25/08
With responses in italics
ACTION: Deferral for staff to get more information:
a) What other approvals allow grading in the Whitehouse buffer?
Several approved projects have easements ort the Whitehouse property (Attachment E)
In regard to the requited bt ffer• between residential and commercial sites at the
Pavilions/Whitehouse property line, off site drainage and grading easements tivere given to
the Pavilions. This grading onto the Whitehouse site is shown on the Pavillions preliminary
site plan approved by the Commission Match 14, 3006.
b) What are the existing conditions in the buffer?
As ofMay 5, 3008 when the property line between Pavilions and Whitehouse was staked in
the field, there was onlv a small amount ofgrading on the Whitehouse site in the grading
easement as shown on the preliminary site plan approved by the Commission on March
14,3006. The drainage casement has not been disturbed. The majority of the buffer strip
currently consists of hardwood trees and undergrowth. (Attachment G)
However, an offsite drainage easement and a grading easement were given to Pavillions and
their construction is not complete. As a result of the grading easement, for Rolkin Road, the
grading easement for Pavilions and the drainage easement, vegetation will only remain ort
about 2 percent of the length of the property line (Attachment E). The nein evergreens
proposed by the Whitehouse site plan will be planted to supplement the existing trees.
c) What will be established as screening
The plan proposes a double row of evergreen trees where there is no existing vegetation. As
stated above, about 33 per cent of the length of'the buffer will contain the original
undisturbed trees. Supplemental evergreens are proposed to be added in the areas of
existing vegetation to remain.
d) Will planting constitute disturbance?
Staff proposed that the required double row of planting be allowed without a buffer n,aivcr
since it only occurs within the areas disturbed by other• projects and thereby by need
screening added. The supplemental evergreen trees that will be installed in the remaining
areas of existing vegetation will be placed to minimi.7e disturbance.
The pedestrian connection requested by staff at Pre -Application conference for inter parcel
connectivity will be located between any existing trees and will be installed with minimal
disturbance. Staff proposes that a waiver be granted to allow this path.
Attachments:
A. Vicinity Map
B. Applicant's letter regarding plan changes and withdrawal of the buffer waiver,
dated April 10, 2008
C. Applicant Request and Justification of Slope Waiver
D. Site Plan with Critical Slopes
E. Areas on the Site with previously approved Critical Slope Waivers
F. Areas of Critical Slopes on Site that need a Waiver
G. Photo of Site (showing existing buffer)
H. Site Plan (revised 4/10/08 per PC comments)
1. Staff Report for March 25, 2008 PC Meeting
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: Whitehouse Commercial
Preliminary Site Plan
Planning Commission Public Hearing:
KAarrh 7r, )nnu
Staff: Patrick Lawrence, Jonathan Sharp
Board of Supervisors Hearing:
P11 + . ; L.,
i--
Owners: Hurt Investment Company, Inc.
i V app 1%,auit5 I
Applicant: Virginia Land Company
Acreage: 4.81 ac.
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 78, Parcels 9 & 11
By -right use: HC, Highway Commercial and 1
Location: Route 250 east behind Carmax.
EC, Entrance Corridor Overlay District
Access will be from Olympia Drive.
Magisterial District: Rivanna
Proffers/Conditions: See recommendation in
report
Requested # of Dwelling Lots: NA DA — NA RA — NA
Proposal: Applicant proposes construction of
Comp. Plan Designation:
commercial office space in three two-story
The Comprehensive Plan designates this
office buildings totaling 65,120 square feet.
property as Regional Service in Urban Area
3.
I
Character of Property: This property is ; Use of Surrounding Properties: Adjacent to
mostly wooded with some areas of critical 1 multiple residential subdivisions, including j
slopes. No existing structures are on the site. 1 Fontana and Pavilions on Pantops and
1 commercial development fronting Route 250.
Factors Favorable: see report li Factors Unfavorable: see report
KEGUMMENDATION:
1 Zoning Ordinance Waivers:
1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
2. Section 21.7.3 — disturbance of land within the buffer between commercial and residential
property (recommendation approval)
Attachment I
STAFF PERSON: Patrick Lawrence; Jonathan Sharp
PLANNING COMMISS[ON: March 25, 2008
AGENDA "T][TLE: SLB 2008-020 Whitehouse Commercial Preliminary Site Plan
APPLICANT: Virginia Land Company
PROPERTY OWNER(S): Hurt Investment Company, Inc.
APPLICANT'S PROPOSAL: Request for preliminary site plan approval for construction of conuncrcial
office space in three two-story office buildings totaling 65,120 square fcct on 4.81 acres zoned 11C - highway
Commercial and EC, Entrance Corridor Overlay District. "rhe property, described as Tax flap 78 Parcel 1 1 and
part of Parcel 9 are located in the Rivanna Ma`risterial District on the proposed Olympia Drive in the Pantops
Development :area between the Pavilions roNN nhonnes development (currently under construction), the Carltax
and Free Bridge Auto sites.
COMPREHENSIVE PLAN:
File Comprelnensixe Plan designates this property as Regional Service in Urban Area 3.
REASON FOR PLANNING COMMISSION REVIENV:
The applicant requests waivers to allow disturbance of critical slopes and disturbance within the buffer adjacent to
residentially zoned property.
PLANNING AND ZONING HISTORY:
This area has been subject to multiple subdivision plats resulting in the current lot configuration. Approval of
adjacent projects has extended Olympia Drive (a new public street) to this site.
DISCUSSION:
The Planning Commission will need to act on two waiver requests. This staff report is organized to address each
issue separately. "File Commission must act on both of the items. The items to be addressed are:
Zoning Ordinance
1. Waiver of Section 4.2.5 —disturbance of critical slopes
2. Waiver of Section 21.7.3 — disturbance of land within a buffer zone
CRITICAL SLOPES WAIVER
A modification to allow critical slopes disturbance is necessary before the preliminary site plan can be approved.
The request reviewed for both the Engineering and Planning aspects of the critical slopes re"ulations. Section
4.2.3.2 of the Zoning Ordinance restricts earth -disturbing actix'ity ort critical slopes, while Section 4.2.5(b) allows
the Planning Commission to wane this restriction. File applicant has submitted a request and justification for the
waiver (Attachment C), and staff has anal . zed this request to address the pro-, isions oft lie ordinance.
Critical slopes cover approximately 0.9 Acres, or 19 percent, of the 4.8 acres included in this request. This request
is to disturb 0.3 acres, or 33 percent, of these critical slopes. The critical slopes in the area of this request do not
appear to be man-made. Tile deternnination of which critical slopes are man-made could not be determined. Staff
has reviewed this «aiver request with consideration for the concenis 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 ori the Section of the Ordinance each pertains to.
Applicant's Request for Critical Slopes Waiver:
The Applicant states:
"The Pi-eli1111nm-v 5 to Develolmient Plan 'w IT'hitehouse Commercial Shows (ilei-' at -e aI)pro.C1111tIteJV
37,650 square feet Of crib ell , II(Tes° on the 4.81 acre site. These CTlh(All slol)es ltY)uhl require grading
as part elf this project. Of the 37,6iO .YF of'c•riticell slopes: 11,795 SF were crcclted cls a result of
grading, fin' Rolkin Road and Olvinpia Drive, 1,393 SF uvere orated as c1, result of grading.fin- the
Pavilions totirnhome development, and 16,630 SF were created as a result of gradinO Ior the Car•nra_s-
,Site Dcve'lopmnent Plan, and 7,832 SF of the' critical slopes appear to be part of the original site
topograph ti .
1. The proposed grading is minor• amu/ nrcu.sures will he taken to ensure' rapid or lar ;c-scerk' irtorenre'nt of soil
and rock does not oc czar.
'. .t Sediment Basin c.ii.sts to prevent eACCssirc.stornncater• 1,1111-ojl ji•orn occurring.
3. The sediment Basin prol-Ocs erosion protection jor all natural and mall -)rade bodies of gate]•.
4. The proposed grading would assist in stahili_ing tfrc ,�Trctdirt, that civatecl tire critical .slopes along Rolkin
Rote/and (�It urpiu Urine. Surjirec' rano/% u•u11/d he renune'd ccs port o% the p1,opnsed grading.
?. Ae propo,scd grading irould lin-ther .stahili_e erosion alt(I .stornnratcr• rwrolf from the Carma.t and Pavilions
sites hr relieving critical .slopes and c•apt11rin, rano!/ in all rmdc1,,rorrml storm system.
h. B11ilclill"s and rrtainimtg iizrlls have he'evr prurided to c l-cate .steps i p the site, /Urther n'ehrcin, S111•flce ranoff
velocities on the site.
7. There etre no .sCptic .srslcnrs on this property.
S. The property does not lie in time Ill0-i�c'ar flood plain.
The reasons ,gi.v'n above demonstrate that the grading Of C'I.1tiCtIl Slopes 017 /111.4 p1•oje(_t 11'111 /lot he
detrimental to the health, .salute, and'or we/fore of the public. '
Section 4.2.5(a)
Review of the request by Current Development Planning staff:
The Open Space Plan is the primary mol used by staff to identity aesthetic resources. 'rhe maps in the Open
Space Plan include inventory maps which show all resources. The composite map indicates those resources that
are ofthe highest significance or are part of system forming a significant resource, such as a stream Salley or
mountain range. The Open Space Plan shows "slopes > 25%" on this property on the "Inventory Map l".
However, they are not reflected on the "Composite Map". Based on this staff does not find that the disturbance of
the critical slopes would result in the loss of an identified aesthetic resource.
Section 4.2.5(a)
Review of the request by Current Development Fngineerina staff:
The critical slope waiver request has been reviewed. The engineering analysis of the request follows:
Description of critical slope area and proposed disturbance:
Che non-exempt critical slope areas on this site are wooded. 'rhe applicant is proposingcommercial office space,
and the critical slope disturbance includes buildings, parking areas, grading, etc.
Areas - ---
Cotal site i 4.8 acres approximately �
Critical slopes 0.9 acres 1900 of site
Critical slopes disturbed 0.3 acres i 330o of critical slopes i
Below, each of the concerns of Zoning Ordinance section 13-4.2 is discussed:
Compliance with "Zoning Ordinance 18-4.2:
.1 movement of soil and rock
Proper Slope C011strnCtloll, control of dl•ailla( e, (11141 l'e'getalll'C .ctahlh=atlas will prevent ally Inovelllc'ilt of Soil.
-excessive smrniwater runoff'
The Site drains to Luxor Storinivater AI(JllUgelllelit Poll(l #1, which he'S hCell designed to handle the rltnolf 11.0)1
the proposed site for both Storrinrater Oualitl• and Detention.
"siltation"
1i,q)eC•tioll and hoilding by the Count ,v it -ill ensure siltation control dill•!ng construction. Proper stahlll=Utloll and
/n(lintentilice will ensill-t long tel -Ill .Stahilitl'.
"loss of aesthetic resource"
The distill-hanc'e will he visihle.fi-oln a(lac•entparc'cls and public ro(uht-a s.
"septic effluent"
This site is served by public selrel•.
Exemptions to critical slopes waivers for driveway's, roads and utilities without reasonable alternative
locations:
One-third of proposed critical slope disturbance is exempt (().1 acres), as the critical slopes shown are the result of
a previously approved plan (Town & County Drive Phase 11 and Olympia Drive, Car Nlax, Luxor, Pavilions Phase
1). The remaining two-thirds of proposed critical slope disturbance are not exempt (0.2 acres).
Based on the above review, Frigineering recommends approval 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
connnents by staff address the previsions of Section 4.2.5(a). Staff has included the provisions of Section
4.2.5(b) here, along with staffconunent on the various provisions.
The conllilisslon Indy 117odl4, of 11'aivc (1111' I-e(lnn-C•lncnt of section 4.2 ill a particular eel,ve npoll fllldillg 111(!1
I. ".Strict application of thc requil 'melts of scctloll 4.2 wouh/ /N)t fin -ward the purposes of this chapter (Il•
otherlt•ise seri' the public health, SclItty or welf.ire, or that alternatives proposed by the developer would
stlti.efv the ptu7)oses of section 4.2 to at /east an eytlil'alent degree; oI• (: I(lcle(l / 1-15
This parcel is relatively visible fi-oln adjoining developments. hl addition, there are a large number of
proposed critical slopes disturbances that are to be graded and landscaped to the benefit of the project and
adjoining properties. Staff finds that a strict application of the requirements set forth in Section 4.2 would
not forward the purposes of this chapter and otherwise serve the public health, safety or welfare.
"Due to its IIIIIIS11(il si_e, topography, shape of the property, location of'the lwoperti• or other unnsual
c'ollditlolls, d'.1-cludillg the proprietary interest of the developer, the !•c'[lllll'CllleltLl' Uf sC('tloil lt'(ll/I(1
c'ffc'cti�ell prollihit or ttln•c'asoltahh' re.chic't the use of the property or notr!(l res'tllt in .significant
degradation of fire .trite or tit
faccilt properties. Such inoclific•ation ol• Iraiyer shall not he detrilnerltal to the
public health, .tia/lett' or lye/fare, to the ordcrll• development of the area, or to ad%cicent properties, or he
contrarl, to .rottll(l c'rt �incc'r11t,�■l)ruc'tic'c'.c; or tAddc'cl 11-15-89) "
Denial of this waiver would not prohibit or unreasonably restrict the use of the property. Ifowever, the
adjacent residential property inay suffer both from the lack of grading aIld lack of landscaping were the
waiver to be denied. That is to say, approval of this modification will allows the impact to be better
mitigated.
3. Glcnitiili� such nlodifieatk)n or hailer Irould serve a pup/ic pallu).ce of gl•c'atc'r iny)oIt tha/1 would he
�en'ed h1 strict application of .,eetiun 4.2. (.Idled 11-15-S))
This property is in the Development .'areas, and represents a conunercial development in an area
designated on the Comprehensi,,e Plan for commercial development. Granting the modification would
allow for the level of development recommended by the Comprehensive Plan.
4 ,/J 4
RECOMMENDATION:
Staff is able to Find that the provisions of Section 4?.5(b) have been met. The grading and landscaping proposed
enhance the environmental issues of reducing the movement of soil and rock through proper slop[c reduction;
reducing siltation and sediment transfer from this site to adjoining properties by providing a root mass by
applying appropriate landscaping technique: and, with landscaping enhancing the buffering of commercial and
residential uses. Thus, staff is able to recommend approval to the Commission of a waiver of Section 4.2.3.
If the Commission concludes that the findings in the previous section have been met and therefore approves the
requested waiver, staff recommends the following conditions:
1. Disturbance of additional critical slopes would allow additional approval.
WAIVER TO ALLOWLAND DISTURBANCE INA BUFFER BETWEEN ZONING
DISTRICTS
Section 21.7.3 prop ides the method of requesting a waiker:
"t31r/ler zone a(Ijarerlt to 1-es'idelitial (!n(l l-aral al-cas &.O-icts: No constl'aetion (activity incllalilig
gi-a(ling of C'leal-ing (lf vegetation shall occul- closet- thall t1 vilty (20) feet to alio I-es1(lential ol• 1'la'al
UPC'11,5' (lls'trlrt. Ycivetiitig shall be pt•ovi(le(l (GS I-egjti1•C'[/ 111 A'ec'tlon ;" /.��. EC.-ept, the collllnl.l'sio)7
may il'aivc this rc'yu/rcment ill a 1)articular rase whci-e it he's heell (lenumstrate(l that ,i,Trading of
cleal-ing is liccessart' ol• iroul(1 result ill WI iMPI-orr(l site tlesi n, 1wovidc(l that:
a.:1'tlilitmiill scl-Cellillg I-equirC'mc'llts (ire 1nct; Galli
h. Existing, lamiscal)ing Ill e Y'eti's of lil(J imittll l'eyllll'Cments Is subsialltlallt' I-estore(l. "
Applicant's Request for Disturbance in a Buffer Zone Waiver:
The applicant states in the request for waiver:
"The Pi-clintinat-v site Development P/(Il1 fi)l• ti llitrhouse C olmllercial shows a ste1)lle(l j*etalJling
wa11 that inti -mics alyn-oximatc'h' 6 fCC't into the Dill/et' zone. The ma.T1/11um height of each livid/ is
10 ft an(l the walls' are s'telyw(1 to pi-ovi(le a 5-fi himiscal)e sil,i1) to hi-eak tate aly)ral-anre of the
Wall lure. .4 railing at the tol) of the il'(II/ (/11(1 a(hhtlonal himlSeal)111g within the butfel' =olle will be
1)rovide(l to mili,galc the imj)act.S of the diS11irb(IIICC. . fs a(hlltlomllllt.l'tlllc'atio)1 fill' the (1t.%7lli-!)aper,
il'elu'ovi(/e the.fi)lloirimg:
1. The 1m#el' =0110 in question has bCe11 (h,1'tltl-becl by cical-in amt (,fading ill ac'co1'11ance with the
U1)lJi'olvil (1e1'Clolmictlt1)hm fol• the Pavilions toll Whomes.
�. 11)('( estriall connection i.S 1)rol)osed (Is 1)(117 u f lhC (Ii.Stlll•haure.
3. AS i)litigcaion I.s not a lvq!(hvmc'nt of i-csi(lelitio/ (!el'r/o1 mellt a(Ijaeenl to a n
ronuercia!
e1/.Sn'irt, the 1)1-o1)0s'e'(/ 41i.StIll•hance, ane/ r—cslllting reyail-rmrnt filr mitigation, would of Cctil'e!r
11111)1'ove the health, s'aletl', aml welf(ii-e of the C.0/.Stl)lg C'oll(lltioll (iii(11J1'ol'l(IC a ViSII(il .Sc'IVOI
hetlreen the two (lei'elol)ments.
The 1'easons gi1vit above clelllon.ctrate that the 1)1-o1)os'C(1 gr(nling, site 1rol•k, am/1)lalltill,Ts wolthl
re.1'111t 111 (111 Imin-olvd site (les gn.
STAFF CONENIEN"r:
Based upon the proposed grading and construction plans, granting a modification to the requirement of no
construction would prevent erosion and sedimentation to adjoining property by providing a retaining„ wall and
plantings between the commercial and residential properties. In addition, the planting of conifers, tlowcrinl,>
and deciduous trees, as shown on the landscaping plan, further separates the uses and provides a pleasant view
from the lower, adjacent, residential property to the higher, in elevation, commercial property. Allowina
disturbance in the buffer zone allows for the grading and construction of retaining walls and plantings
enhances the aesthetics and separation of the two uses.
REC0MMENDATION:
Staff has recommended approval of the two waivers requested by the applicant. The plan has been reviewed by
the Site Review Committee and may be approved administratiN ely if the Commission approves the two
modlbeatlolls.
RECOMMEDED :ACTION:
1. waiver of Section 4?.5 — disturbance of critical slopes (recommendation, approval)
2. Section 21.7.3 - disturbance of land within the buffer between commercial and residential property
(recommendation, approval)
A1TACII111 ENTS:
A. Location/Detail [daps
13. Applicant's Request and Justification for both Critical Slopes and Buffer Disturbance
C. Excerpt from Review by Jonathan Sharp, Engineer
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Q.a Attachrnent A Marr ,.2008
%5
`c �oiq Dominion
yDevelopment
Resources, LLC
!� cts
s
January 28, 2008
Albemarle County Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Whitehouse Commercial Site Development Plan
Request for Waiver of Section 21.7.3
To Whom It May Concern:
172 South Pantops Drive
Charlottesville, VA 22911
434.979.8121 (p)
434.979.1681 (f)
DDRVA.com
In accordance with section 21.7.3 (a) and (b) of the County Zoning Ordinance, this letter is to request a
waiver for the requirements of Section 21.7.3 Buffer zone adjacent to residential and rural areas
districts.
The Preliminary Site Development Plan for Whitehouse Commercial shows a stepped retaining wall
that intrudes approximately 6 feet into the buffer zone. The maximum height of each wall is 10 ft and
the walls are stepped to provide a 5 -ft landscape strip to break the appearance of the wall face. A
railing at the top of the wall and additional landscaping within the buffer zone will be provided to
mitigate the impacts of the disturbance. As additional justification for the disturbance, we provide the
following:
1. The buffer zone in question has been disturbed by clearing and grading in accordance with the approved
development plan for the Pavilions townhomes.
2. A pedestrian connection is proposed as part of the disturbance.
3. As mitigation is not a requirement of residential development adjacent to a commercial district, the
proposed disturbance, and resulting requirement for mitigation, would effectively improve the health,
safety, and welfare of the existing condition and provide a visual screen between the two developments.
The reasons given above demonstrate that the proposed grading, site work, and plantings would result
in an improved site design. Please call me or Kelly Strickland from our office if you have any questions
or concerns.
Sin ely,
JJ�at Miller, ASLA
Dominion Development Resources, LLC
1350 Stony Point Road
Charlottesville, VA 22911
(434) 984 - 1599
R
Attachment B .
�
ee5 �5 Dominion
IC,JQ'`+o,
Development
y 1 ev\esources, LLC
e
Ixecp s
s
January 28, 2008
Albemarle County Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Whitehouse Commercial Site Development Plan
Request for Waiver of Section 4.2
To Whom It May Concern:
172 South Pantops Drive
Charlottesville, VA 22911
434.979.8121 (p)
434.979.1681 (f)
DDRVA.com
In accordance with section 4.2.5 of the County Zoning Ordinance, this letter is to request a waiver for
the requirements of Section 4.2 CRITICAL SLOPES.
The Preliminary Site Development Plan for Whitehouse Commercial shows there are approximately
37,650 square feet of critical slopes on the 4.81 acre site. These critical slopes would require grading
as part of this project. Of the 37,650 SF of critical slopes: 11,795 SF were created as a result of
grading for Rolkin Road and Olympia Drive, 1,393 SF were created as a result of grading for the
Pavilions townhome development, and 16,630 SF were created as a result of grading for the Carmax
Site Development Plan, and 7,832 SF of the critical slopes appear to be part of the original site
topography.
1. The proposed grading is minor and measures will be taken to ensure rapid or large-scale movement of
soil and rock does not occur.
2. A Sediment Basin exists to prevent excessive stormwater run-off from occurring.
3. The sediment Basin provides erosion protection for all natural and man-made bodies of water.
4. The proposed grading would assist in stabilizing the grading that created the critical slopes along Rolkin
Road and Olympia Drive. Surface runoff would be removed as part of the proposed grading.
5. The proposed grading would further stabilize erosion and stormwater runoff from the Carmax and
Pavilions sites by relieving critical slopes and capturing runoff in an underground storm system.
6. Buildings and retaining walls have been provided to create steps up the site, further reducing surface
runoff velocities on the site.
7. There are no septic systems on this property.
8. The property does not lie in the 100 -year flood plain.
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 or Kelly Strickland from
our office if you have any questions or concerns.
Sincerely,
Janet Miller, ASLA
Dominion Development Resources, LLC
1350 Stony Point Road
Charlottesville, VA 22911
(434) 984 - 1599
County of Albemarle
Department of Community Development
Memorandum
To: Patrick Lawrence, Current Development planning and zoning review
From: Jonathan Sharp, Current Development engineering review
Date: 31 Jan 2008
Subject: Whitehouse Commercial Preliminary Site Plan (SDP200800020) critical slope waiver request
The critical slope waiver request has been reviewed. The engineering analysis of the request follows:
Description of critical slope area and proposed disturbance:
The non-exempt critical slope areas areas on this site are wooded. The applicant is proposing commercial
office space, and the critical slope disturbance includes buildings, parking areas, grading, etc.
Areas
Total site
4.8 acres approximately
Critical slopes
0.9 acres
19°,0 of site
Critical slopes disturbed
0.3 acres
1 33°No 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 stornwater runoff'
The site drains to Luxor Stormwater Management Pond #l, which has been designed to handle the
runoff from the proposed site for both Stonnwater Quality and 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 disturbance will be visible from adjacent parcels and public roadways.
"septic effluent"
This site is served by public sewer.
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
One-third of proposed critical slope disturbance is exempt (0.1 acres), as the critical slopes shown are the
result of a previously approved plan (Town & County Drive Phase II and Olympia Drive, Car Max, Luxor,
Pavilions Phase 1). The remaining two-thirds of proposed critical slope disturbance are not exempt (0.2
acres).
Based on the above review, Engineering recommends approval to the critical slope waiver.
Attachment C %'�
County of Albemarle
Department of Community Development
Memorandum
To: Patrick Lawrence, Current Development planning review
From: Jonathan Sharp, Current Development engineering review
Date: 31 Jan 2008
10 Mar 2008 (Revl)
Subject: Whitehouse Commerical (SDP200800020)
Before Engineering can recommend preliminary approval to the site plan, the following comments must be
addressed:
2. Please provide easements or letters of intent to dedicate for all offsite site work.
Revl: comments not addressed.
3. There are three ditches shown on the previous plans that drain through the site (Olympia Drive,
Rolkin Road, Pavillions Phase 1). These ditches are not contained with the proposed plans and
appear to drain into the site or spill over into the right-of-way. Please tie the ditches into the storm
sewer system.
Revl: continents not addressed.
4. A critical slopes waiver must be approved by the Planning Commission prior to preliminary site
plan approval.
Rev]: Preliminary approval pending PC action.
5. The parking garage must meet all standards of the parking ordinances. Any necessary waivers
(sight distance, etc.) must be approved prior to final site plan by the Zoning Administrator.
Revl: This must be addressed prior to final site plan approval.
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 2008-0020 Whitehouse
Staff: Patrick Lawrence, Jonathan Sharp,
Commercial Preliminary Site Plan
Lisa Glass
Planning Commission Public Hearing:
Board of Supervisors Hearing:
May 20, 2008
Not applicable
Owners: Hurt Investment Company, Inc.
Applicant: Virginia Land Company
Acreage: 4.74 ac.
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 78, Parcels 11 & 9
By -right use: HC, Highway Commercial
Location: Proposed access from proposed Olympia
Drive in the Pantops Development Area.
Magisterial District: Rivanna
Proffers/Conditions: see
recommendation in report
Requested # of Dwelling Lots: NA
DA — YES RA —
Proposal: Applicant proposes construction of
Comp. Plan Designation:
commercial office space in three two-story office
The Comprehensive Plan designates this
buildings totaling 65,120 square feet.
property as Regional Service in Urban
Area 3.
Character of Property: This property is mostly wooded
Use of Surrounding Properties:
and fairly steep. No existing structures are on the site.
Adjacent to multiple residential
subdivisions, including Fontana and
Pavilions on Pantops.
Factors Favorable:
Factors Unfavorable:
Waiver of Section 4.2.5: Critical Slope Analysis:
None identified
4.2.5 (a) Satisfactorily addressed.
4.2.5 (b) Planning finds this particular case meets at
least one of the criteria as required
Waiver of Section 21.7.3: Buffer Zone disturbance:
Disturbance needed for the path results in improved site
design
RECOMMENDATION:
Zoning Ordinance Waiver:
1. Waiver of Section 21.7.3- disturbance of buffer zone (Approval recommended)
2. Waiver of Section 4.2.5 — disturbance of critical slopes (Approval recommended)
Phone (434) 296-5832
To:
From:
Division:
Date:
Subject:
IRCJ X
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Fax (434) 972-4126
Memorandum
Planning Commission
Lisa Glass, Principal Planner
Zoning and Current Development
May 20, 2008
SDP 08-0020: Whitehouse Commercial Site Development Plan- Preliminary
This letter is to provide additional information regarding the Whitehouse Commercial Site Plan. On
March 25, 2008 the Commission accepted the applicant's request for deferral in order to provide
additional information. The original March staff report is attached. The following addresses the two main
areas of concern discussed at the March meeting: 1) disturbance of the buffer zone and 2) critical slope
waiver. A revised site plan has been submitted to address the Commission's concerns. Revisions to the
plan include: moving the wall out of the buffer, changing the screening fence to evergreen trees and
reductions to building size and parking (Attachment A and site plan sheet C7). New diagrams are attached
to clarify the conditions of the existing buffer, the encroachment of easements from prior approved plans
onto this site and the limit of this applicant's request (Attachments D, E and G).
1) Disturbance of the buffer zone between residential and commercial: The Whitehouse site
plan has been revised so that the walls are not in the buffer. The plan addresses the required
screening in the buffer with a double row of screening trees, as allowed in Section 32.7.9.8. A
sidewalk connection between the residential area and the Whitehouse commercial development,
as requested by the County, crosses the buffer. Staff recommends approval of the waver to allow
disturbance in the buffer zone (Section 21.7.3 analysis follows).
2) Critical Slope waiver: The Whitehouse site plan will disturb existing critical slopes and
therefore requires a Critical Slope Waiver, as discussed in the March staff report. A slope waiver
analysis and additional graphics are included in this letter to clarify the limits of disturbance by
the Whitehouse site plan. A large portion of the site is already disturbed, or allowed to be
disturbed, as allowed by easements given to other approved projects. Staff recommends approval
of the critical slopes waiver. (Section 4.2.5 analysis follows)
Recommended actions:
A) Approve the waiver to allow disturbance in the buffer zone
B) Approve the critical slope waiver request
1. WAIVER TO ALLOW LAND DISTURBANCE IN A BUFFER BETWEEN ZONING
DISTRICTS
Section 21.7.3 provides the method of requesting a waiver:
"Bmf fi r zone adjacent to residential and rural areas districts: No construction activity including
grading or clearing of vegetation shall occur closer than twenty (20) ,feet to anv residential or
rural areas district. Screening shall he provided as required in section 32.79. Except, the
commission may waive this requirement in a particular case where it has been demonstrated that
grading or clearing is necessary or would result in an improved site design, provided that.-
a.
hat:a. Mininuini screening requirements are met; and
b. Existing landscaping in excess of inininnan requirements is substantially restored. "
Disturbance in a Buffer Zone Waiver:
The applicant has revised the plan to minimize the disturbance in the buffer zone. The current
plan shows a wall outside of the buffer. This wall will have a railing at the top which
supplements screening. The wall currently proposed has a maximum height of 10 feet. The
improvements proposed within the buffer are the screening trees required by code and a
pedestrian path.
A large portion of the buffer strip along the Whitehouse property line will be disturbed and
vegetation removed by drainage and grading easements granted to other approved developments,
such that approximately 22 % of the length will contain existing vegetation (Attachment E). The
drainage easement runs up the property line starting at Rolkin Road for about 100 feet then
overlaps the grading easement which runs for approximately another 130 feet, leaving only the
last 65 feet undisturbed.
Section 32.7.9.8 allows screening to be met by maintaining existing vegetation, the addition of a
planting strip, a fence or a combination thereof. New evergreen trees are proposed to supplement
the existing vegetation that remains outside of easements. The plan shows a double row of
evergreen trees to provide screening in the areas where the existing vegetation is removed by
other projects.
The pedestrian path was the result of staff requesting an inter -parcel connection . The applicant
worked with staff to find the most functional location for a path. Staff was aware that the
proposed path location crosses the buffer, but supports the goal of walkablity. The proposed
path connects near the road at the Pavillions and part of the path will be within the grading
easement already approved for that development. (Pavilions Preliminary Site Plan approved by
the Commission on March 14, 2006). The portion of the path that falls in the undisturbed area of
the buffer can be located to minimize disturbance of existing vegetation.
The grading and clearing required for the pedestrian connection will result in an improved design
that allows inter -parcel pedestrian connectivity. The plan shows the minimum screening
requirements and the existing vegetation left undisturbed by other projects will be maintained
and supplemented by adding evergreen screening trees.
STAFF COMMENT:
Staff recommends approval of the waiver to allow disturbance in the buffer zone with one condition;
Condition (1) staff approve the final alignment of the pedestrian path within the buffer zone to
minimize impact on existing vegetation.
2. CRITICAL SLOPES MODIFICATION
The request for a modification has been reviewed for both the Engineering and Planning aspects
of the critical slopes regulations. Section 4.2.3.2 of the Zoning Ordinance restricts earth -
disturbing activity on critical slopes, while Section 4.2.5(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 0.9 acres, or approximately 15 percent of the 6.4 acre site.
Roughly 75% of the critical slopes on site are exempted from needing a critical slopes waiver
(0.7 acres). These critical slopes are exempted because they have already been approved for
disturbance by adjacent projects under prior approved critical slopes waivers, or they were
created by an approved site plan (Attachment D).This request is for approval of a waiver to
allow disturbance of the remainder of the critical slopes on site, totaling 02 acres. The critical
slopes in the area of this request appear to be natural. Staff has reviewed this waiver request with
consideration for the criteria that are set forth in Section 4.2 of the Zoning Ordinance, entitled
"Critical Slopes."
A request to allow disturbance of critical slopes must also be reviewed in accord with the
requirements of Section 4.2.5. This section requires a two part analysis. Section 4.2.5(a) is a
review of the technical performance standards. If these technical standards are not met the
disturbance of critical slopes cannot be approved by the Planning Commission. If these technical
standards are met, the Planning Commission may then consider the disturbance of critical slopes.
The criteria for the Planning Commission's review of the disturbance of critical slopes are found
in Section 4.2.5(b). 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:
The non-exempt critical slope areas within TMP's 78-9 and 78-11 appear to contain natural
slopes. The critical slope disturbances are in the form of commercial construction which include
parking spaces, landscaped curb islands, and buildings.
Areas
Acres
Total site area
6.4 acres approx.
Total critical slopes on site
0.9 acres approx.
15 % of development
Proposed critical slope disturbance,
Exempt
0.7 acres approx.
75 % of critical slopes
Proposed critical slope disturbance,
Non-exempt
0.2 acres approx.
25 % of critical slopes,
100% of non-exempt critical
slopes on site
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
As previously mentioned, and shown in the chart above, 75% of proposed critical slope
disturbance is exempt (0.7 acres) as the critical slopes shown are the result of a previously
approved plan (Town & County Drive Phase II and Olympia Drive, Car Max, Luxor, Pavilions
Phase I). All of the aforementioned projects received critical slope waivers for any critical slope
disturbance on this site. The remaining 25% of proposed critical slope disturbance is not exempt
(0.2 acres).
Below, each of the concerns of Zoning Ordinance section 18-4.2 is addressed:
1. "rapid and/or large scale movement ofsoil and rock ": The areas of existing critical
slopes on this site are relatively small and scattered. There is a mixture of cut and till
over the critical slopes. Large scale movement of soil and rock is not anticipated to
occur as a result of this construction.
2. "excessive stortnivater run-off": The site drains to Luxor Stormwater Management
Pond #1, which has been designed to handle the runoff from the proposed site for
both Stormwater Quality and Detention.
3. "siltation of natural and rnan-made bodies of 'vti,ater ": Inspection and bonding by the
County will address siltation control during construction. Proper stabilization and
maintenance will enhance long term stability.
4. "loss of aesthetic resource ": Although the disturbance will be visible from adjacent
parcels and future public roadways. The Open Space Plan is used to evaluate the loss
of aesthetic resource. This site has no resources identified in the Open Space Plan.
Staff find that disturbance of the critical slopes on this site are not a loss of aesthetic
resource.
5. "septic effluent ": No septic systems or drainfields are proposed in this project. This
site is accessible to the public sanitary sewer system.
This site does not drain into a waterway that is a public drinking water supply for Albemarle
County. No portion of this site plan is located inside the 100 -year flood plain area according to
FEMA Maps, dated 04 February 2005.
Based on the above review, the applicant has satisfactorily addressed the technical criteria for the
disturbance of critical slopes.
Section 4.2.5(b)
Recommendations on the findings that must be made by the Planninp, Commission in order
to allow disturbance of critical slopes.
The commission nrav nrod{& or waive any requirement of section 4.2 in a particular case upon
.finding that:
Strict application of the requirements of section 4.2 mould not.forn'ard the purposes of
this chapter or otherx,ise serve the public health, safety or welfare, or that alternatives
proposed by the developer vi•ould satisfy the purposes gfsection 4.2 to at least an
equivalent degree; or (Added 11-15-89)
The property is an existing undeveloped parcel neighbored by proposed roads and
residential areas to the north and east and by existing commercial areas to the south and
west. The site plan indicates both cut and fill in the areas of existing critical slopes. The
applicant has proposed protective and restorative measures intended to minimize erosion
and siltation both during and post construction. These measures will satisfy the purpose
of Section 4.2 to at least an equivalent degree.
Granting the waiver forwards the purposes of this chapter by providing the type of
commercial development anticipated in the development area while addressing erosion
control concerns. Approval of this request would accommodate the expansion of an infill
property within the development area of the Comprehensive Plan.
Staff finds strict application of the requirements of Section 4.2 would not forward the
purposes of this chapter in allowing commercial infill development
2. Dice to its unusual size, topography, shape of the property, location of the property or
other unttstral conditions, excluding the proprietary interest of the developer, the
rcquiremctats 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 contrat.v
to sound engineering practices; or (Added 11-I5-89)
Denial of this modification would not prohibit or unreasonably restrict the use of the
property or result in significant degradation of the site or adjacent properties. However,
since the existing critical slopes occur near the middle of the site, denial would
significantly alter and reduce the type of development that could occur on this site.
The modification of this section will 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.
3. Granting such modification or• waiver would serve a public purpose ofgrcuter import
than would be served by strict application of section 4.2. (Added 11-15-89)
This property is in the development areas and represents a commercial development in
accord with the Comprehensive plan designation. As such, grading the site as one unit
would more effectively provide for commercial development.
RECOMMENDATION:
Staff review has resulted in only favorable findings:
Favorable factors:
1. The measures proposed by the applicant will satisfy the purpose of Section 4.2, at least to
an equivalent degree, meeting the requirement for 4.2.5 (b) (1).
2. The overall grading of the site is consistent with the type of commercial development
intended for this designated commercial area, meeting the requirement for 4.2.5 (b) (3).
Unfavorable factors:
None found.
The Planning Commission may grant the modification if it finds that the request has met at least
one of the three requirements in Section 4.2.5 (b). Staff has found that the request for
modification meets two of the three requirements, and therefore recommends approval.
Response to Commission Questions at the PC Meeting 3/25/08
With responses in italics
ACTION: Deferral for staff to get more information:
a) What other approvals allow grading in the Whitehouse buffer?
Several approved projects have easements on the Whitehouse property (Attachment E)
In regard to the required bziffcr between residential and commercial sites at the
Pavilions/Whitehouse property line, offsite drainage and grading easements were given to
the Pavilions. This grading onto the Whitehouse site is shown ort the Pavillions preliminary
site plan approved by the Commission March 14, 2006.
b) What are the existing conditions in the buffer?
As oj'May 5, 2008 when the property line between Pavilions and Whitehouse was staked in
the field, there was only a small amount ofgrading on the Whitehouse site in the grading
easement as shown on the preliminary site plan approved by the Commission on March
14, 2006. The drainage easement has not been disturbed. The majority of the buffer- strip
currently consists of hardwood trees and undergrowth. (Attachment G)
However, an offsite drainage easement and a grading easement were given to Pavillions and
their- construction is not complete. As a result of the grading easement, for Rolkin Road, the
grading easement, for- Pavilions and the drainage easement, vegetation will only remain on
about 22 percent of the length of the property line (Attachment E). The neer evergreens
proposed by the Whitehouse site plan will be planted to supplement the existing trees.
c) What will be established as screening
The plan proposes a double row of evergreen trees inhere there is no existing vegetation. As
stated above, about 22 per cent of'the length of the buffer will contain the original
undisturbed trees. Supplemental evergreens are proposed to be added in the areas of'
existing vegetation to remain.
d) Will planting constitute disturbance?
Staffproposed that the required double row of planting be allowed without a buffer- waiver
since it only occurs within the areas disturbed by other projects and thereby by need
screening added. The supplemental evergreen trees that will be installed in the remaining
areas of existing vegetation will be placed to minimise disturbance.
The pedestrian connection requested by staffat Pre -Application conference for inter parcel
connectivity will be located between any existing trees and brill be installed tivith minimal
disturbance. Staff proposes that a waiver be granted to allow this path.
Attachments:
A. Vicinity Map
B. Applicant's letter regarding plan changes and withdrawal of the buffer waiver,
dated April 10, 2008
C. Applicant Request and Justification of Slope Waiver
D. Site Plan with Critical Slopes
E. Areas on the Site with previously approved Critical Slope Waivers
F. Areas of Critical Slopes on Site that need a Waiver
G. Photo of Site (showing existing buffer)
H. Site Plan (revised 4/10/08 per PC comments)
I. Staff Report for March 25, 2008 PC Meeting
101
;S -Web
Geographic Data Services
www alb—ad. .,g
(434 296-5832
y from Commonwealth of Virginia May 8, 2008
Attachment A
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ee5I5 Dominion
c i - Development
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_. Resources. LLC
April 10, 2008
Albemarle County Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: SDP 2008-00020
Whitehouse Commercial Site Development Plan - Preliminary
Revised waiver request
To Whom It May Concern:
172 South Pantops Drive
Charlottesville, VA 22911
434.979.8121 (p)
434.979.1681 (f)
DDRVA.com
At the March 25, 2008 Planning Commission review of the Whitehouse Commercial Site Development
Plan, it was generally agreed by the Commission that a waiver of Section 21.7.3 (granting disturbance
of land within the buffer between commercial and residential) should not be granted to the applicant.
The applicant, in submitting the attached revised preliminary plan, does hereby withdraw his request for
a waiver of Section 21.7.3. The applicant still seeks Planning Commission approval for a waiver of
Section 4.2.5 (granting disturbance of critical slopes); and we hereby request that the application be
rescheduled before the Planning Commission at the earliest possible date.
Revisions to the Preliminary Site Development Plan include the following:
1. relocation of the parking lot travelway adjacent to the Pavilions townhouse development,
2. adjustments to the retaining walls and vegetative screening adjacent to the Pavilions townhouse
development,
3. elimination of 7 (seven) parking spaces and 1,620 SF of gross floor area,
4. adjusting the retaining wall and grading to accommodate runoff behind the sidewalk along
Rolkin Road,
5. and adjusting the grading and providing a drop inlet to accommodate runoff between the
southernmost parking area and the Carmax site.
Please note that evergreen screening, the 6 FT high Board on Board fence, and the 5 FT compacted
stone pedestrian path have been left in the 20 FT undisturbed buffer. Please let us know when this
project can be rescheduled with the Planning Commission and let us know if you have any further
questions or comments regarding this plan.
Sincerely,
Janet Miller, ASLA
Dominion Development Resources,
1350 Stony Point Road
Charlottesville, VA 22911
(434) 984 - 1599
LLC
Attachment B j
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Dominion
Development
- /'Resources, LLC 172South PanxopsDrive
Charlottesville, VA228i1
^� 484.979.8121 (p)
434,979.1681 (f)
~ DDRVA*zm
January 28.20O8
Albemarle County Department nfCommunity Development
401 McIntire Road
Charlottesville, VA22Q02
RE: Whitehouse Commercial Site Developmentplam
Request for Waiver mf Section 4.2
To Whom It May Concern:
In accordance with section 4.2.5 of the County Zoning Ordinance, this letter is to request a waiver for
the requirements nfSection 4.2 CRITICAL SLOPES.
The Preliminary Site Development Plan for Whitehouse Commercial shows there are approximately
37,650 square feet ofcritical slopes onthe 4.81acre site. These critical slopes would require grading
ospart ofthis project. Of the 37.05OSFofcritical slopes: 11.7Q5SFwere created maaresult of
grading for Rolkin Road and Olympia Drive, 1,393 SF were created as a result of grading for the
Pavilions townhome development, and 16,630 SIF were created as a result of grading for the Carmax
Site Development Plan, and 7,832 SF of the critical slopes appear to be part of the original site
topography.
1, The proposed grading is minor and measures will be taken to ensure rapid or large-scale movement of
soil and rock does not occur.
2. ASediment Basin exists toprevent excessive atormmmVerrun-off from occurring.
3 The sediment Basin provides erosion protection for all natural and man-made bodies of water.
4. The proposed grading would assist in stabilizing the grading that created the critical slopes along Ro|kin
Road and Olympia Drive. Surface runoff would beremoved aspart o/the proposed grading.
5 The proposed grading would further stabilize erosion and stormwater runoff from the Carmax and
Pavilions sites by relieving critical slopes and capturing runoff in an underground storm system.
0 Buildings and retaining walls have been provided to create steps up the site, further reducing surface
runoff velocities onthe site.
7. There are noseptic systems un this property.
8. The property does not lie iothe 100-yoarflood plain.
The reasons given above demonstrate that the grading ofcritical slopes onthis project will not be
detrimental to the hom\\h, safety, and/or welfare of the public. Please call me o/ Kelly Strickland from
our office ifyou have any questions orconcerns.
Sincerely,
Janet MUler,ASLA
Dominion Development Resources, LLC
1350Stony Point Road
Charlottesville, VA 22911
(434)S84 -15S8
Attachment C
Areas on
Site with previously
approved
Critical Slopes Waivers
note: any
critical slopes in blue
area needs
a critical slopes waiver
c' Attachment E
Areas of Critical Slopes on Site that need a Waiver' (in Rei:)
note: all other critical slopes on site already have critical slopes waiver
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PRELIMINARY SITE DEVELOPMENT PLAN FOR
WHITEHOUSE COMMERCIAL
ALBEMARLE COUNTY, VIRGINIA
TAX MAP 78 PARCELS 9 AND 11
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Abbreviations, & Le end
- C2 -Notes, g
C3 - Parcel Map
- - - C4 - Existing Conditions & Demolition Plan Y
una - C5 - Site Plan -
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- Utilities Plan
_ SITF C6 Grading and
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C7 - Landscape Plan
C8 - Lighting Plan
C9 - Details 1
CURRENT DEVELOPMENT PLANNER
CURRENT DEVELOPMENT ENGINEER
ALBEMARLE COUNTY SERVICE AUTHORITY
FIRE OFFICIAL
ARCHITECTURAL REVIEW BOARD
BUILDING OFFICIAL
VIRGINIA DEPARTMENT OF TRANSPORATION
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DDR PROJECT NO 70456
INDEX TITLE
C1
SHEET NO 1 OF 9
Attachmen
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SITE DATA & GENERAL NOTES
SIIE DATA
CONTR%C IOR'SC'OORDIVAI'ION Rr SPOWH 11,111 F.S(P4RT 1N 01
(.E.VERAI C ONSIRICIIONNOTE.S-1P\PEI IUOI
GE%EPWL CON S ERI,CTION NOTES (PARTTAIO)('ONT'D
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6 CUT AND PATCH WORK IN EXISITING PUBLIC STREETS MUST BE PERFORMED IN ACCORDANCE WITH WOT AND ALBEMARLE
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(UNLLSS OiHERWSE NOTED ON PLAINT) INCLUDING, BUT NOT LIMITED
9 CO, ALL UT SHALL BE RESPONSIBLE SIG ALL TRAFFIC TE POLES ETC AS ALL WORK SHALL
TO, ALL UTILII IN ACCORDANCE
STORM DRAINAEU, SIGNS iAND
COUNTY STANDARDS AND SPECOCATIGNS
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- O)
WITH WARNING P OACT S CNS AND D
AND PROJECT SIEWORI( SPECIFlCAIONS AND SMALL BE APPROVED BY SUCH ALL
7 ALL EXISTING CURB AND GUTTER ALONG THE FRONTAL{ O THIS SIZE IN POOR CONDITION OR DAMAGED WRING
N
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HALLBEMTHDD IN ASE 8ENENTS
COSI SNP11 BE INCLUDED IN BASE BID
CONSTRUCTION SHALL BE REMOVED AND REPLACED TO THE STANDARDS AND SPECIFICATIONS OF ALBEMARLE COUNTY
10 CONTRACTOR SHALL VISIBLE STREPAIRIRE RUNOFF DAMAGES, ,IF M ,ATN i0 PREVENT ADVERSE IMPACTS TO OFF SHE AREAS
AND SHALL RESPONSIBLE i0 REPAIR RESULTING DMALES IF MY, AT NO COST i0 OWNER.
B IN THE EVENT THAT SUSPECTED CONTAMINATED SOIL, GROUNDWATER, LFA AND OTHER MEDIA ARE ENCOUNTERED DURING
EXCAVAORK AND CONSTRUCTION BASED OLFACTORY, SHALL
OTHER EVIDENCE, THE CONIAL,
INTO
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11 THIS PROdCi DISTURBS MORE NM ONE ALOE OF LAND AND FALLS WARN ME NRCAWA S70RMWAIER NMACFAENi PROGRAM
F HEACTIVITIESSUSPECT RI A S AND SH
STOP WORK IN ME VICINITY OF THE SUSPECT MATERIAL TO AVOID FURTHER SPREADING O THE MATERIAL, AND SHALL
(VSWP), GENERAL CONSTRUCTIDN PERMT (GCP) PROGRAM AS ADMINISTERED BY THE WRGIMA DEPARTMENT OF CONSERVATION AND
NOTIFY THE OWNER IMMEDIATELY SO THAT THE APPROPRIATE TESTING AND SUBSEQUENT ACTION CAN BE TAKEN
--
RECREATION (DCR) LINER THE JURISOICBON OF THE EPA PRIOR TO ME START OF CONSTRUCTION, THE CONTRACTOR SHALL FILE
(. F,VERAI. SIDLES
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A "'NOTICE OF INTENT WN THE DCR AND PREPARE A STORMWATFR PREVENTION PUN IN ACCORDANCE WN THE VSMP
REOAATKNS
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12 CONTRACTOR SHALL COORDINATE WN ALL UTILITY COMPARES FOR INSTALLATION REQUIREMENTS AND SPECIFlCAPgIi
1 ACCESSIBLE ROUTES PARKING SPACES. RAMPS, SIDEWALKS AND WAL%WAYS SHN1 BE CONSTRUCTED N CONFORMANCE WTH ME FEDERAL
AMERKlNS NTH DISABILITIES ACT AND NTH STATE AND LOCAL LAWS AND REOAAIIONS (WHICHEVER ARE MORE STRN ENT)
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13 CONTRACTOR SHALL BE RESPONSIBLE FOR SHE SECURITY AND JOB SAFETY CONSTRUCPON ACTIVITIES SHALL BE N ACCORDANCE
2 ALL STAIRS WTH THREE OR MORE RISERS ARE TO HAVE HAFIDRALS ON BOTH SIDES
WTH OSHA STANDARDS AND LOCAL REOUIRELENIS
3SDEWALXS ADJACENT TO PMgNC 91AL HAVE A WNMUY WDM O 6 FEET
14 CONTRACTOR SHALL DISPOSE OF DEMMON DEBRISIN ACCORDANCE NM APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS,
A TO ME BEST OF OUR PEUEF AND KNOWLEDGE, MERE ARE NO KNOWN MAY£ SITES ON THE SUBJECT PROPERTY
ORDINANCES AND STATUTES
S PLANTINGS WILL BE PROVIDED WN WNW ADJUSTMENTS IN ME FIELD TO ELNWATE COEUCTS WITH OTHER STRUCTURAL FEATURES
15 EXISTING UMJXS SHALL BE TERMINATED, UNLESS OTHERWISE NOTED, IN COFORMANCE WTH LOCAL STATE AND INDIVIDUAL
WN COMPANY STANDARDS SPEtliMA110NS, AID DETAEI HTE CONNACidV IMALL [OORDNAIE UTILITY SERVICE gSCONNECISWITH ,FE U,�" REPRESQJTATIVESABBREVIATIONS
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1 PRIOR N ANY CONSTRUCTION WNW MY EXISTING PUBUC RIGNT-O-WAY, INCLUDING CONNECTION TO ANY EXISTING ROAD, A PERMIT SHALL BE
WE WATER LINE
VAN -ACCESSIBLE HANDICAP PARKING
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CONTR V TAR'S IPI IORDIN ATION RESPONSIBILITIES. (PART (INE)
OBTANED FROM ME VIRGINIA DEPARTMENT OF TRANSPORTAMN (VDOT) THIS PLM AS DRAWN MAY NOT ACCURATELY REFLECT ME REOUREMENTS
OF ME PERMIT WHERE ANY DISCREPANCIES OCCUR ME REQUIREMENTS O THE PERMIT SHALL GOVERK
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2 ANY TIME WORK IS PERFORMED OF -SHF OR NMN AN EXISTING EASEMENT, THE CONTRACTOR IS TO NOTIFY ME HOLDER O SAID
2 ALL MATERIALS AND CONSTRUCTION METHODS SHALL CONFORM TO CURRENT SPECIFICATIONS AND STANDARDS OF VON UNI OTHERWISE NOTED
Wy WATER VALVE
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CONCRETE PAVEMENT / SIDEWALX
EASEMENT AS TO ME NATURE OF PROPOSED WORK AND TO FOLLOW MY GUIDLEUNES OR STANDARDS WHICH ME ASSOCIATED WM
3 EROSION AND SLTATION CONTROL MEASURES SHALL BE PROVIDED IN ACCORDANCE ON ME APPROVED EROSION CONTROL PUN AND SHALL BE
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OR REFERENCED IN THE RECORDED EASEMENT
INSTALLED PRIOR i0 PINY CLEARING. (RARING OR OVER CONSTRUCTION.
6V 6 VALVE
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DDR PROJECT NO
70456
3. THE CONTRACTOR IS TO CHECK MAT ALL EASEMENTS, LETTERS O PERMISSION, ETC, ARE RECORDED/007ANED PRIOR TO THE START
NEW ASPHALT
O MY CONSTRUCTION
4 All SLOPES MD DISTURBED AREAS ARE TO BE FERTIUZED, SEEDED AND MUCIED
MATCHUNE
INDEX TITLE
4. CONTRACTOR TO VERIFY ALL SITE BINS AND PROFILES AND DETAILS FOR CONSISTENCY AND IF CONFLICTS FASTS CONTACT
ENGINEER FOR CLARIFCATIOI AND/OR DIRECTION INTERPRETATION DETERMINED BY CONTRACTOR SHALL BE CONE AT HITHER OWN
5 ME MAXIMUM ALLOWABLE SLOPE IS 2.1 (HORIZONTAL VERTICAL). WHERE REASONABLY OBTANABLE, lESSUR POPES OF 3:1 OR BETTER ARE TO BE
ACHIEVED
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COMPACTED STONE PATH
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ON
STABILIZATION T DO DITCH MAY BE REWIWENRED EN ME ORNOF THE COUNTY ENGINEER, OR DESIGNEE, IT IS
6 PAVED, MRM OR SR TMNN NAUN N ION
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WORT( NM BEEN COMPLETED.
DEEMED NECESSARY IN ORDER i0 STMWZE A DRAINAGE CHANNEL
GROINDCOVER
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6 CONTRACTOR SHALL COMPLY WITH FENCING MO TREE PRESERVATION M SIGNAGE REQUIRED BY ALBEIIARLE COUNTY CODE
] ALL TRAFFIC CONTROL SIGNS WALL CONFORM WN THE WI MANUAL FOR UNIFORM TRAFFIC CONTROL DE'VCES
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SHEET NO Z OF
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7 ONMACTDR SHALL NOT RELY SOLELY ON ELECTRONIC VERSIONS OF PLANS, SPECIFICATIONS, AND DATA FILES MAT ARE OBTAINED
EC -3 TWE B
NOTES'
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FROM ME DESMERS. BUT SHALL VERIFY LOCATION OF PROJECT FEATURES IN ACCORDANCE WTH THE PAPER COPIES O THE PLANS
B UNLESS OTHERWISE NOTED ALL CONCRETE PIPE SHALL BE REINFORCED CONCRETE PIPE - CUSS IN
-
1. THE SIZE OF THE SYMBOLS MAY VARY FROM THOSE SHOWN
Attachment
AND SPECETCAROIS NAT ARE SUPPLIED AS PART OF THE CONTRACT DOCUMENTS
9 ALL EXCAVATION FOR UNDERGROUND PIPE INSTALLATION MOST COMPLY NTH OSHA STANDARDS FOR THE CONTRUCTOH INDUSTRY IN CFR PART
WETLAND
2. ALL ABBREVIA710NS AND SYMBOLS SHOWN MAY NOT BE USED
B CONTRACTOR SHALL COMPLY WN ALL NE1LM0 PERMIT REQUIREMENTS, IF 9�EgFTED.
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 2008-0020 Whitehouse
Staff: Patrick Lawrence, Jonathan Sharp,
Commercial Preliminary Site Plan
Lisa Glass
Planning Commission Public Hearing:
Board of Supervisors Hearing:
May 20, 2008
Not applicable
Owners: Hurt Investment Company, Inc.
Applicant: Virginia Land Company
Acreage: 4.74 ac.
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 78, Parcels 11 & 9
By -right use: HC, Highway Commercial
Location: Proposed access from proposed Olympia
Drive in the Pantops Development Area.
Magisterial District: Rivanna
Proffers/Conditions: see
recommendation in report
Requested # of Dwelling Lots: NA
DA — YES RA —
Proposal: Applicant proposes construction of
Comp. Plan Designation:
commercial office space in three two-story office
The Comprehensive Plan designates this
buildings totaling 65,120 square feet.
property as Regional Service in Urban
Area 3.
Character of Property: This property is mostly wooded
Use of Surrounding Properties:
and fairly steep. No existing structures are on the site.
Adjacent to multiple residential
subdivisions, including Fontana and
Pavilions on Pantops.
Factors Favorable:
Factors Unfavorable:
Waiver of Section 4.2.5: Critical Slope Analysis:
None identified
4.2.5 (a) Satisfactorily addressed.
4.2.5 (b) Planning finds this particular case meets at
least one of the criteria as required
Waiver of Section 21.7.3: Buffer Zone disturbance:
Disturbance needed for the path results in improved site
design
RECOMMENDATION:
Zoning Ordinance Waiver:
1. Waiver of Section 21.7.3- disturbance of buffer zone (Approval recommended)
2. Waiver of Section 4.2.5 — disturbance of critical slopes (Approval recommended)
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
Memorandum
To: Planning Commission
From: Lisa Glass, Principal Planner
Division: Zoning and Current Development
Date: May 20, 2008
Subject: SDP 08-0020: Whitehouse Commercial Site Development Plan- Preliminary
This letter is to provide additional information regarding the Whitehouse Commercial Site Plan. On
March 25, 2008 the Commission accepted the applicant's request for deferral in order to provide
additional information. The original March staff report is attached. The following addresses the two main
areas of concern discussed at the March meeting: 1) disturbance of the buffer zone and 2) critical slope
waiver. A revised site plan has been submitted to address the Conunission's concerns. Revisions to the
plan include: moving the wall out of the buffer, changing the screening fence to evergreen trees and
reductions to building size and parking (Attachment A and site plan sheet C7). New diagrams are attached
to clarify the conditions of the existing buffer, the encroachment of easements from prior approved plans
onto this site and the limit of this applicant's request (Attachments D, E and G).
1) Disturbance of the buffer zone between residential and commercial: The Whitehouse site
plan has been revised so that the walls are not in the buffer. The plan addresses the required
screening in the buffer with a double row of screening trees, as allowed in Section 32.7.9.8. A
sidewalk connection between the residential area and the Whitehouse commercial development,
as requested by the County, crosses the buffer. Staff recornrnends approval of the waver to allow
disturbance in the buffer zone (Section 21.7.3 analysis follows).
2) Critical Slope waiver: The Whitehouse site plan will disturb existing critical slopes and
therefore requires a Critical Slope Waiver, as discussed in the March staff report. A slope waiver
analysis and additional graphics are included in this letter to clarify the limits of disturbance by
the Whitehouse site plan. A large portion of the site is already disturbed, or allowed to be
disturbed, as allowed by easements given to other approved projects. Staff recommends approval
of the critical slopes waiver. (Section 4.2.5 analysis follows)
Recommended actions:
A) Approve the waiver to allow disturbance in the buffer zone
B) Approve the critical slope waiver request
1. WAIVER TO ALLOW LAND DISTURBANCE IN A BUFFER BETWEEN ZONING
DISTRICTS
Section 21.7.3 provides the method of requesting a waiver:
"Buffer zone adjacent to residential and rural ureas districts: No construction activity including
grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or
rural areas district. Screening shall he provided as required in section 32.7.9. Except, the
commission may waive this requirement in a particular case where it has been demonstrated that
grading or clearing is necessary or would result in an improved site design, provided that:
a. Minimum .screening requirements are met; and
b. Existing landscaping in excess of mininwin requirements is substantially restored. "
Disturbance in a Buffer Zone Waiver:
The applicant has revised the plan to minimize the disturbance in the buffer zone. The current
plan shows a wall outside of the buffer. This wall will have a railing at the top which
supplements screening. The wall currently proposed has a maximum height of 10 feet. The
improvements proposed within the buffer are the screening trees required by code and a
pedestrian path.
A large portion of the buffer strip along the Whitehouse property line will be disturbed and
vegetation removed by drainage and grading easements granted to other approved developments,
such that approximately 22 % of the length will contain existing vegetation (Attachment E). The
drainage easement runs up the property line starting at Rolkin Road for about 100 feet then
overlaps the grading easement which runs for approximately another 130 feet, leaving only the
last 65 feet undisturbed.
Section 32.7.9.8 allows screening to be met by maintaining existing vegetation, the addition of a
planting strip, a fence or a combination thereof. New evergreen trees are proposed to supplement
the existing vegetation that remains outside of easements. The plan shows a double row of
evergreen trees to provide screening in the areas where the existing vegetation is removed by
other projects.
The pedestrian path was the result of staff requesting an inter -parcel connection . The applicant
worked with staff to find the most functional location for a path. Staff was aware that the
proposed path location crosses the buffer, but supports the goal of walkablity. The proposed
path connects near the road at the Pavillions and part of the path will be within the grading
easement already approved for that development. (Pavilions Preliminary Site Plan approved by
the Commission on March 14, 2006). The portion of the path that falls in the undisturbed area of
the buffer can be located to minimize disturbance of existing vegetation.
The grading and clearing required for the pedestrian connection will result in an improved design
that allows inter -parcel pedestrian connectivity. The plan shows the minimum screening
requirements and the existing vegetation left undisturbed by other projects will be maintained
and supplemented by adding evergreen screening trees.
STAFF COMMENT:
Staff recommends approval of the waiver to allow disturbance in the buffer zone with one condition;
Condition (1) staff approve the final alignment of the pedestrian path within the buffer zone to
minimize impact on existing vegetation.
3
2. CRITICAL SLOPES MODIFICATION
The request for a modification has been reviewed for both the Engineering and Planning aspects
of the critical slopes regulations. Section 4.2.3.2 of the Zoning Ordinance restricts earth -
disturbing activity on critical slopes, while Section 4.2.5(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 0.9 acres, or approximately 15 percent of the 6.4 acre site.
Roughly 75% of the critical slopes on site are exempted from needing a critical slopes waiver
(0.7 acres). These critical slopes are exempted because they have already been approved for
disturbance by adjacent projects under prior approved critical slopes waivers, or they were
created by an approved site plan (Attachment D).This request is for approval of a waiver to
allow disturbance of the remainder of the critical slopes on site, totaling 0.2 acres. The critical
slopes in the area of this request appear to be natural. Staff has reviewed this waiver request with
consideration for the criteria that are set forth in Section 4.2 of the Zoning Ordinance, entitled
"Critical Slopes."
A request to allow disturbance of critical slopes must also be reviewed in accord with the
requirements of Section 4.2.5. This section requires a two part analysis. Section 4.2.5(a) is a
review of the technical performance standards. If these technical standards are not met the
disturbance of critical slopes cannot be approved by the Planning Commission. If these technical
standards are met, the Planning Commission may then consider the disturbance of critical slopes.
The criteria for the Planning Commission's review of the disturbance of critical slopes are found
in Section 4.2.5(b). 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:
The non-exempt critical slope areas within TMP's 78-9 and 78-11 appear to contain natural
slopes. The critical slope disturbances are in the form of commercial construction which include
parking spaces, landscaped curb islands, and buildings.
Areas
Acres
Total site area
6.4 acres approx.
Total critical slopes on site
0.9 acres approx.
15 % of development
Proposed critical slope disturbance,
Exempt
0.7 acres approx.
75 % of critical slopes
Proposed critical slope disturbance,
Non-exempt
0.2 acres approx.
25 % of critical slopes,
100% of non-exempt critical
slopes on site
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
As previously mentioned, and shown in the chart above, 75% of proposed critical slope
disturbance is exempt (0.7 acres) as the critical slopes shown are the result of a previously
approved plan (Town & County Drive Phase II and Olympia Drive, Car Max, Luxor, Pavilions
Phase I). All of the aforementioned projects received critical slope waivers for any critical slope
disturbance on this site. The remaining 25% of proposed critical slope disturbance is not exempt
(0.2 acres).
Below, each of the concerns of Zoning Ordinance section 18-4.2 is addressed:
1. "rapid and/or large scale movement o f soil and rock".- The areas of existing critical
slopes on this site are relatively small and scattered. There is a mixture of cut and fill
over the critical slopes. Large scale movement of soil and rock is not anticipated to
occur as a result of this construction.
2. "excessive stormwater run-off": The site drains to Luxor Stormwater Management
Pond #1, which has been designed to handle the runoff from the proposed site for
both Stormwater Quality and Detention.
3. "siltation of natural and man-made bodies of water- ": Inspection and bonding by the
County will address siltation control during construction. Proper stabilization and
maintenance will enhance long term stability.
4. "loss of aesthetic resource ": Although the disturbance will be visible from adjacent
parcels and future public roadways. The Open Space Plan is used to evaluate the loss
of aesthetic resource. This site has no resources identified in the Open Space Plan.
Staff find that disturbance of the critical slopes on this site are not a loss of aesthetic
resource.
5. "septic effluent ": No septic systems or drainfields are proposed in this project. This
site is accessible to the public sanitary sewer system.
This site does not drain into a waterway that is a public drinking water supply for Albemarle
County. No portion of this site plan is located inside the l 00 -year flood plain area according to
FEMA Maps, dated 04 February 2005.
Based on the above review, the applicant has satisfactorily addressed the technical criteria for the
disturbance of critical slopes.
Section 4.2.5(b)
Recommendations on the findings that must be made by the Planning Commission in order
to allow disturbance of critical slopes.
The commission may rnodifi, or waive anv 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 o -section 4.2 to at least an
equivalent degree: or (.4ddcd 11-15-R9)
The property is an existing undeveloped parcel neighbored by proposed roads and
residential areas to the north and east and by existing commercial areas to the south and
west. The site plan indicates both cut and fill in the areas of existing critical slopes. The
applicant has proposed protective and restorative measures intended to minimize erosion
and siltation both during and post construction. These measures will satisfy the purpose
of Section 4.2 to at least an equivalent degree.
Granting the waiver forwards the purposes of this chapter by providing the type of
commercial development anticipated in the development area while addressing erosion
control concerns. Approval of this request would accommodate the expansion of an infill
property within the development area of the Comprehensive Plan.
Staff finds strict application of the requirements of Section 4.2 would not forward the
purposes of this chapter in allowing commercial infill development
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 mould 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 engineeringpractices; or (Added 11-15-89)
Denial of this modification would not prohibit or unreasonably restrict the use of the
property or result in significant degradation of the site or adjacent properties. However,
since the existing critical slopes occur near the middle of the site, denial would
significantly alter and reduce the type of development that could occur on this site.
The modification of this section will 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.
3. Granting such rnodi fication or waiver would serve a public purpose of greater import
than would be served by strict application of section 4?. (Added 11-15-89)
This property is in the development areas and represents a commercial development in
accord with the Comprehensive plan designation. As such, grading the site as one unit
would more effectively provide for commercial development.
RECOMMENDATION:
Staff review has resulted in only favorable findings:
Favorable factors:
1. The measures proposed by the applicant will satisfy the purpose of Section 42, at least to
an equivalent degree, meeting the requirement for 4.2.5 (b) (1).
2. The overall grading of the site is consistent with the type of commercial development
intended for this designated commercial area, meeting the requirement for 4.2.5 (b) (3).
Unfavorable factors:
None found.
The Planning Commission may grant the modification if it finds that the request has met at least
one of the three requirements in Section 4.2.5 (b). Staff has found that the request for
modification meets two of the three requirements, and therefore recommends approval.
Response to Commission Questions at the PC Meetinp, 3/25/08
With responses in italics
ACTION: Deferral for staff to get more information:
a) What other approvals allow grading in the Whitehouse buffer?
Several approved projects have easements on the Whitehouse property (Attachment E)
In regard to the required buffer between residential and commercial sites at the
Pavilions/Whitehouse pr open ry line, off site drainage and grading easements were given to
the Pavilions. This grading onto the Whitehouse site is shown on the Pavillions preliminary
site plan approved by the Commission March 14, 2006.
b) What are the existing conditions in the buffer?
As of May 5, 2008 when the property line between Pavilions and Whitehouse was staked in
the field, there was onlv a small amount of grading on the Whitehouse site in the grading
easement as shown on the preliminary site plan approved by the Commission on March
14,2006. The drainage easement has not been disturbed. The majority of the buffer strip
currently consists of hardwood trees and undergrowth. (Attachment G)
However, an of drainage easement and a grading easement were given to Pavillions and
their construction is not complete. As a result of the grading easement for Rolkin Road, the
grading easement_for Pavilions and the drainage easement, vegetation will only remain on
about 22 per -cent of the length of the property line (Attachment E). The new evergreens
proposed by the Whitehouse site plan will be planted to supplement the existing trees.
c) What will be established as screening
The plan proposes a double row of evergreen trees where there is no existing vegetation. As
stated above, about 22 per cent of the length of the buffer will contain the original
undisturbed trees. Supplemental evergreens are proposed to be added in the areas of'
existing vegetation to remain.
d) Will planting constitute disturbance?
Staff proposed that the required double row of planting be allowed without a buffer waiver -
since it only occurs within the areas disturbed by other projects and thereby by need
screening added. The supplemental evergreen trees that mill be installed in the remaining
areas of existing vegetation will be placed to minimize disturbance.
The pedestrian connection requested by staffat at Pre -Application conference,for inter parcel
connectivity will be located between any existing trees and will be installed with minimal
disturbance. StaI.ff'proposes that a waiver be granted to allow this path.
Attachments:
A. Vicinity Map
B. Applicant's letter regarding plan changes and withdrawal of the buffer waiver,
dated April 10, 2008
C. Applicant Request and Justification of Slope Waiver
D. Site Plan with Critical Slopes
E, Areas on the Site with previously approved Critical Slope Waivers
F. Areas of Critical Slopes on Site that need a Waiver
G. Photo of Site (showing existing buffer)
H. Site Plan (revised 4/10/08 per PC conunents)
I. Staff Report for March 25, 2008 PC Meeting
M V
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0 ops Dominion
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Development
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Resources, LLC
April 10, 2008
Albemarle County Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: SDP 2008-00020
Whitehouse Commercial Site Development Plan - Preliminary
Revised waiver request
To Whom It May Concern:
172 South Pantops Drive
Charlottesville, VA 22911
434.979.8121 (p)
434.979.1681 (f)
DDRVA.com
At the March 25, 2008 Planning Commission review of the Whitehouse Commercial Site Development
Plan, it was generally agreed by the Commission that a waiver of Section 21.7.3 (granting disturbance
of land within the buffer between commercial and residential) should not be granted to the applicant.
The applicant, in submitting the attached revised preliminary plan, does hereby withdraw his request for
a waiver of Section 21.7.3. The applicant still seeks Planning Commission approval for a waiver of
Section 4.2.5 (granting disturbance of critical slopes); and we hereby request that the application be
rescheduled before the Planning Commission at the earliest possible date.
Revisions to the Preliminary Site Development Plan include the following:
1. relocation of the parking lot travelway adjacent to the Pavilions townhouse development,
2, adjustments to the retaining walls and vegetative screening adjacent to the Pavilions townhouse
development,
3. elimination of 7 (seven) parking spaces and 1,620 SF of gross floor area,
4. adjusting the retaining wall and grading to accommodate runoff behind the sidewalk along
Rolkin Road,
5. and adjusting the grading and providing a drop inlet to accommodate runoff between the
southernmost parking area and the Carmax site.
Please note that evergreen screening, the 6 FT high Board on Board fence, and the 5 FT compacted
stone pedestrian path have been left in the 20 FT undisturbed buffer. Please let us know when this
project can be rescheduled with the Planning Commission and let us know if you have any further
questions or comments regarding this plan.
Sincerely,
dQ a4
Janet Miller, ASLA
Dominion Development Resources, LLC
1350 Stony Point Road
Charlottesville, VA 22911
(434) 984 - 1599
Attachment B 1
�5
oig jo"'f�ittnlOrl
L evelopment
esources, LLC
January 28, 2008
Albemarle County Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
172 South Pantops Drive
Charlottesville, VA 22911
434.979.8121 (p)
434.979.1681 (f)
DDRVA.com
RE: Whitehouse Commercial Site Development Plan
Request for Waiver of Section 4.2
To Whom It May Concern:
In accordance with section 4.2.5 of the County Zoning Ordinance, this letter is to request a waiver for
the requirements of Section 4.2 CRITICAL SLOPES.
The Preliminary Site Development Plan for Whitehouse Commercial shows there are approximately
37,650 square feet of critical slopes on the 4.81 acre site. These critical slopes would require grading
as part of this project. Of the 37,650 SF of critical slopes: 11,795 SF were created as a result of
grading for Rolkin Road and Olympia Drive, 1,393 SF were created as a result of grading for the
Pavilions townhome development, and 16,630 SF were created as a result of grading for the Carmax
Site Development Plan, and 7,832 SF of the critical slopes appear to be part of the original site
topography.
1. The proposed grading is minor and measures will be taken to ensure rapid or large-scale movement of
soil and rock does not occur.
2. A Sediment Basin exists to prevent excessive stormwater run-off from occurring.
3. The sediment Basin provides erosion protection for all natural and man-made bodies of water.
4. The proposed grading would assist in stabilizing the grading that created the critical slopes along Rolkin
Road and Olympia Drive. Surface runoff would be removed as part of the proposed grading.
5. The proposed grading would further stabilize erosion and stormwater runoff from the Carmax and
Pavilions sites by relieving critical slopes and capturing runoff in an underground storm system.
6. Buildings and retaining walls have been provided to create steps up the site, further reducing surface
runoff velocities on the site.
7. There are no septic systems on this property.
8. The property does not lie in the 100 -year flood plain.
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 or Kelly Strickland from
our office if you have any questions or concerns.
Sincerely,
Janet Miller, ASLA
Dominion Development Resources, LLC
1350 Stony Point Road
Charlottesville, VA 22911
(434) 984 - 1599
Attachment C ; L
Areas on Site with previously approved Critical Slopes Waivers
note: any critical slopes in blue area needs a critical slopes waiver
Critical Slopes Disturbance
approved under
Pp
WPO200600075
• Town and Country (Phase 2)
& Olympia Drive (Phase 2) — 1 — Critical Slopes Disturbance
• approved under
SDP200500117
: ;4s.•, c. r l � ro
i Luxor (Pavilions at Pantops)
Critical Slopes Waiver needed
%�.
for slopes in this area under p
-' SDP200800020
Whitehouse Commercial< tiY
Critical Slopes Disturbance
approved under Dra1'4eiQ� "
SDP200500057 - ,EaSernP,n�
x
Car Max X
-0-
Cl
..s a
�� Attachment E
Areas of Critical Slopes on Site that need a Waiver (gin Red)
note: all other critical slopes on site already have critical slopes waiver
`�� Attachment F
■
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17
A
CURRENT DEVELOPMENT PLANNER
CURRENT DEVELOPMENT ENGINEER
ALBEMARLE COUNTY SERVICE AUTHORITY
FIRE OFFICIAL
ARCHITECTURAL REVIEW BOARD
BUILDING OFFICIAL
VIRGINIA DEPARTMENT OF TRANSPORATION
PRELIMINARY SITE DEVELOPMENT PLAN FOR
WHITEHOUSE COMMERCIAL
ALBEMARLE COUNTY, VIRGINIA
TAX MAP 78 PARCELS 9 AND 11
- „ ----- .
i F
Cl - Cover Sheet
C2 - Notes, Abbreviations, & Legend
C3 - Parcel Map
C4 - Existing Conditions & Demolition Plan
CS - Site Plan
C6 - Grading and Utilities Plan
C7 - Landscape Plan
C8 - Lighting Plan
C9 - Details
r�EpI.TH OF
f/`od �i
TIMOTHY RAY MILLER
Dc No. 30542
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DDR PROJECT NO 70456
INDEX TITLE
C1
SHEET NO 1 OF 9
Attachmcn
It 14
15
SITE DATA & GENERAL NOTES
EXIST PROP DESCRIP
----_— --
,.�
SITE DATA CONTRACTOR'S COORDINATION RESPONSIBILITIES (P ART TWO)
GENERAL CONSTRUCTION NOTES (PART TA OI
GENERAL CONSTRICTION NOTES (PART TWO) CONT'D
_
TOP OF CURB ELEVATION
6 CUT AND PATCH PUBLIC STREETS MUST BE PERFORMED IN ACCORDANCE MTH VDOT AND ALBEMARLE
9 CONTRACTOR SHALL SE RESPONSIBLE FOR ALL RELOCATKANS, (UNLESS OTHERNSE NOTED ON PLANS) INCLUDING, BUT NOT Laim
'_
DS A D PECIIING
COUNTY STANDARDS AND SPECIf1CATI0NS
TO. ALL UFUTIES, STORM DRAINAGE, SIGN£ TRAFFIC SIGNALS & POLES, ETC AS REWIRED ALL WORK SHALL BE IN ACCORDANCE
WITH GOVERNING AUTHORTIES REQUIREMENTS AND PROJECT SITENORK SPEOFNCATIONS AND SHALL BE APPROVED BY SUCH. ALL
ADJACENT PROPERTY LINE
7. ALL EXISTING CURB AND GUTTER ALONG THE FRONTAGE OF THIS SITE IN POOR CONDITION DR DAMAGED DURING
COST SHAH BE INCLUDED IN BAY BID
MIN MINIMUM
CONSTRUCTION SHALL BE REMOVED AND REPLACED TO THE STANDARDS AND SPECIFICATIONS ON ALBEMARLE COUNTY
10 CONTRACTOR SHALL CONTROL STORMWATER RUNOFF DINNING CONSTRUCTION TO PREVENT ADVERSE IMPACTS TO OF SITE AREAS.
30.1 -ARD
B IN THE EVENT THAT SUSPECTED CONTAMINATED SOIL, GROUNDWATER, AND OTHER MEDIA ARE ENCOUNTERED DURING
AND Stull BE RESPONSIBLE TO REPAIR RESULTING DAMAGES F ANY, AT NO COST TO OWNER
—�
EXCAVATION AND CONSTRUCTION ACTIVITIES BASED ON VISUAL, OLFACTORY, OR OTHER EVIDENCE, THE CONTRACTOR SHALL
11 THIS PRAECT DISTURBS MORE THAN ONE ACRE OF LAND AND FALLS MINN THE VIRGINIA STORMWATER MANAGEMENT PROGRAM
UNDERGROUND TELEPHONE UNE
STOP WORK IN THE HGNITY OF THE SUSPECT MATERIAL TO AVOID FURTHER SPREADING OF THE MATERIAL, AND SHALL
(VSHP), GENERAL CONSTRUCTION PERMIT (GCP) PROGRAM AS ADMINISTERED BY THE VIRGINIA DEPARTMENT OF CONSERVATION AND
NOTIFY THE OWNER IMMEDIATELY SO THAT THE APPROPRIATE TESTING AND SUBSEQUENT ACTION CAN BE TAKEN
RECREATION (DCR) UNDER THE AAISOICTION OF THE EPA PRIOR TO THE START OF CONSTRUCTION, THE CONTRACTOR SHALL FILE
A GOP NOTICE OF INTENT ON THE DCR AND PREPARE A STORMWATER PREVENTION PLAN IN ACCORDANCE NTH THE VSMP
EDGE ON PAVEMENT ELEVATION
GENERAL NOTES
REGULATIONS
12' EDP
1 ACCESSIBLE ROUTES, PARKING SPACES, flAMPS SIDEWALKS AND WALKWAYS SHALL BE CONSTRUCTED M (CONFORMANCE WITH THE FEDERAL
12 CONTRACTOR SHALL COORDINATE NIH All UTUTY COMPANIES FOR INSTALLATION REQUIREMENTS AND SPECIFICATIONS
— -I BUILDING SETBACK
AMERICANS WN DISABILITIES ACT AND NTH STATE AND LOCAL LAMS AND REGULATIONS (WHICHEVER AAE MORE STRINGENT)
13 CONTRACTOR STALL BE RESPONSIBLE FOR WE SECURITY AND JOB SAFETY CONSTRUCTION ACIIVIBES SHALL BE IN ACCORDANCE
OC ON CENTER
2 ALL STAIRS WITH THREE OR MORE RISERS ARE TO HAVE HANDRAAS ON BOTH SIDES
NIH OSHA STANDARDS AND LOCAL REQUIREMENTS
TOP OF WALL ELEVATION
S SIDEWALKS ADJACENT TO PARKING SHALL HAVE A MINIMUM WO1H OF fi FEET.
14 CONTRACTOR SHALL DISPOSE OF DEMOUTION DEBRIS IN ACCORDANCE NIH APPEUCABLE FEDERAL STATE AND LOCAL REGULATIONS,
4 TO THE BEST OF OUR BEUEF AND KNOWLEDGE, THERE ARE NO KNOWN GRAVE SITES ON THE SUMCT PROPERTY
ORDINANCES AND STATUTES
S PLANTINGS CULL SE FRONDED WITH MNOR ADASTNENTS M THE HE1D i0 ELIMINATE CONVICTS MTH OTHER STRUCTURAL FEATURES
15 EXISTMC UTILITIES STALL BE TERMINATED. UNLESS OTHERWISE NOTED. IN CONFORMANCE WIN LOCAL STATE AND INDI\IDIJ l
PE POLYETHYLENE
UTUTY COMPANY STANDARDS SPECIFICATIONS, AND DETALS THE CONTRACTOR SHALL COORDINATE UTILITY SERVICE DISCONNECTS
WIN THE UTILITY RERRESENTATIV6
ABBREVIATIONS
LEGEND
GENERAL WATER & SEWER CONDITIONS
CT
TION CXIST PROP DESCRIPTION
Tru G—Pi
General Off a Buidu9 (710)
717 7r /day
959 Trips/doy
Average miy traffic = BSB Try, PN Wy
E'D"tcA taken ftw ITE THP GenerRllm W—I, 7th WRIP,
CONTRACTOR'S COORDIN MON RESPON SIBIL ITIEN, (PART ONE)
1 THE CONTRACTOR IS REQUIRED TO OBTAIN ANY/ALL PERMITS REQUIRED FOR CONSTRUCTION OF FINA PLANS
2 ANY TIME VORN 5 PERFORMED OF-STE OR WITHIN AN EXISTING EASEMENT, THE CONTRACTOR IS TO NOTIFY THE HOLDER O SAD
EASEMENT AS TO THE NATURE OF PROPOSED WORK AND TO FOLLOW ANY GUIDLEUNES OR STANDARDS WHICH ARE ASSOCIATED WTH
OR REFERENCED M THE RECORDED EASEMENT
3 ME CONTRACTOR IS TO CHECK THAT A.L EASEMENTS, LETTERS OF PERNISSON, ETC. ARE RECORDED/OBTAINED PRIOR TO THE START
OF ANY CONSTRUCTOR
4 CONTRACTOR TO VITRIFY ALL SITE PLANS AND PROFILES AND DETAILS FOR CONSISTENCY AND I CONFLICTS EXISTS CONTACT
ENGINEER FOR CLARNICATION AND/W DRECTON INTERPRETATION DETERMINED BY CONTRACTOR SHALL BE DONE AT HIS/HER 0%
RIS(
E THE CONTRACTOR 15 TO VERIFY THAT THE RELOCATION O AL EXISTING UTUTES AND UTUTY POLES IN CONFUCT NTH PROPOSED
WORK HAS BEEN COMPLETED
6 CONTRACTOR SHALL COMPLY WIN FENCING AND TREE PRESERVATION AS SIGNAGE REQUIRED BY ABEMARLE COUNTY CODE
7 CONTRACTOR SNAIL NOT RELY SOLELY ON ELECTRONIC WRSONS O PIN£ SPECIFICATIONS, AND DATA FILES THAT ARE OBTAINED
FROM THE DESIGNERS, BUT SHALL VERIFY LOCATION O PROJECT FEATURES IN ACCORDANCE WTH THE PAPER COPIES OF THE INNS
AND SPECIFICATIONS THAT ARE SUPPLIED AS PART OF THE CONTRACT DO UMENTS
B CONTRACTOR SHALL COMPLY WIN ALL WETLAND PERMIT REQUIREMENTS IF SPECIFIED
GENERAL I'TILITI NOTES
GENERAL CONSTRICTION NOTES (PART ONE)
I PRIOR TO ANY CONSTRUCTION WITHIN MY EXISTNG PUBLIC RIGHT-OF-WAY, INCLUDING CONNECTOR TO ANY EXISTING ROAD, A PERMIT STALL BE
OBTAINED FROM THE VRGNIA DEPARTMENT OF TRANSPORTATION (VDOT) THIS PUN AS DRAWN MAY NO ACCURATELY REFLECT THE REQUREMENTS
O ME PERMIT WHERE ANY DISCREPANCIES OCCUR THE REQUIREMENTS OF THE PERMIT SHALL GOVERN
2 ALL MATERIALS ATN CONSTRUCTION METHODS SHALL CONFORM TO CURRENT SPECIFICATIONS AND STANDARDS OF VDOT UNLESS OTHERWISE NOTED,
3 EROSION AND SILTATION CONTROL MEASURES SHAH BE PROVIDED IN ACCORDANCE MFH THE APPROVED EROSION CONTROL PIAN AND SHALL BE
INST&UO PRIOR TO MY CLEARING, GRADING OR OTHER CONSTRUCTION
4 ALL SLOPES AND DISTURBED AREAS ARE TO BE FERTILIZED. SEEDED AND MULCHED
5 THE MAXIMUM ALLOWABLE SLOPE IS 21 NOR120NT&WRTICAL) WHERE REASONABLY OBTNNA3LE, LESSER SLOPES OF ]I ON BETTER ARE TO BE
ACHIEVED
6 PAVED, MR RAP OR STABILIZATION MAI LINED DITCH MAY BE REWIRED MEN M THE OPINION O THE COUNTY ENGNEEF, OR DESIGNEE, IT IS
DEEMED NECESSARY IN ORDER TO STABWUZE A DRAINAGE CHANNEL
7 ALL TRAFFIC CONTROL SONS SHALL CONFORM WM THE NRGMA MANUAL FOR UNIFORM TRAFFIC CONTROL DEVICES
8. UNLESS OTHERNSE NOTED ALL CONCRETE PIPE SHALL BE REINFORCED CONCRETE PIPE - CLASS 10
9 ALL EXLAVATION FOR UNDERGROUND PIPE RSTALLATION WEST COMPLY WIN OSHA STANDARDS FOR THE CDNTRICTON INDUSTRY (29 CFR PART
1926)
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SO SQUARE
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TYR TYPICAL
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VESCHVA E&S CONTROL HANDBOOK
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RIM RIM ELEVATION
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: Whitehouse Commercial
Preliminary Site Plan
Planning Commission Public Hearing:
March 25, 2008
Owners: Hurt Investment Company, Inc.
Acreage: 4.81 ac.
TMP: Tax Map 78, Parcels 9 & 11
Location: Route 250 east behind Carmax.
Access will be from Olympia Drive.
Magisterial District: Rivanna
Staff: Patrick Lawrence, Jonathan Sharp
Board of Supervisors Hearing:
Not applicable
Applicant: Virginia Land Company
Rezone from: Not applicable
Special Use Permit for: Not applicable
By -right use: HC, Highway Commercial and
EC, Entrance Corridor Overlay District
Proffers/Conditions: See recommendation in
report
Requested # of Dwelling Lots: NA I DA—NA RA — NA
Proposal: Applicant proposes construction of
commercial office space in three two-story
office buildings totaling 65,120 square feet.
Character of Property: This property is
mostly wooded with some areas of critical
slopes. No existing structures are on the site
Factors Favorable: see report
Comp. Plan Designation:
The Comprehensive Plan designates this
property as Regional Service in Urban Area
3.
Use of Surrounding Properties: Adjacent to
multiple residential subdivisions, including
Fontana and Pavilions on Pantops and
commercial development fronting Route 250.
Factors Unfavorable: see report
RECOMMENDATION:
Zoning Ordinance Waivers:
1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
2. Section 21.7.3 — disturbance of land within the buffer between commercial and residential
propertv (recommendation. aoorovah
Attachment I
STAFF PERSON: Patrick Lawrence, Jonathan Sharp
PLANNING COMMISSION: March 25, 2008
AGENDA `TITLE: SUB 2008-020 Whitehouse Commercial Preliminary Site Plan
APPLICANT: Virginia Land Company
PROPERTY OWNER(S): Hurt Investment Company, Inc.
APPLICANT'S PROPOSAL: Request for preliminary site plan approval for construction of commercial
office space in three two-story office buildings totaling 65,120 square feet on 4.81 acres zoned HC - Highway
Commercial and EC, Entrance Corridor Overlay District. The property, described as Tax Map 78 Parcel 11 and
part of Parcel 9 are located in the Rivanna Magisterial District on the proposed Olympia Drive in the Pantops
Development Area between the Pavilions Townhomes development (currently under construction), the CarMax
and Free Bridge Auto sites.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Regional Service in Urban Area 3.
REASON FOR PLANNING COMMISSION REVIEW:
The applicant requests waivers to allow disturbance of critical slopes and disturbance within the buffer adjacent to
residentially zoned property.
PLANNING AND ZONING HISTORY:
This area has been subject to multiple subdivision plats resulting in the current lot configuration. Approval of
adjacent projects has extended Olympia Drive (a new public street) to this site.
DISCUSSION:
The Planning Commission will need to act on two waiver requests. This staff report is organized to address each
issue separately. The Commission must act on both of the items. The items to be addressed are:
Zoning Ordinance
1. Waiver of Section 42.5 —disturbance of critical slopes
2. Waiver of Section 21.7.3 — disturbance of land within a buffer zone
CRITICAL SLOPES WAIVER
A modification to allow critical slopes disturbance is necessary before the preliminary site plan can be approved.
The request 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 0.9 acres, or 19 percent, of the 4.8 acres included in this request. This request
is to disturb 0.3 acres, or 33 percent, of these critical slopes. The critical slopes in the area of this request do not
appear to be man-made. The determination of which critical slopes are man-made could not be determined. 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.
Applicant's Request for Critical Slopes Waiver:
The Applicant states:
"The Preliminary Site Development Plan.for 0iitehouse Commercial shows there are approximately
37,650 square feet of critical slopes on the 4.81 acre site. These critical slopes would require grading
as part of this project. Of the 37,650 SF of critical slopes: 11,795 SF were created as a result of
grading for Rolkin Road and Olympia Drive, 1,393 SF were created as a result of grading for the
Pavilions totivnhonie development, and 16,630 SF were created as a result of grading for the Carmax
Site Development Plan, and 7,832 SF of the critical slopes appear to be part of the original site
topography.
1. The proposed grading is minor and measures iyill he taken to ensure rapid or large-scale inoventent of•soil
and rock does not occur.
?. .4 Sediment Basin exists to prevent excessive stonrnvater run-off fi-ont occurring.
3. The sediment Basin provides erosion protection for all natural and roan -made bodies of grater.
4. The proposed grading irould assist in stabilising the grading that created the critical slopes along Rolkin
Road and Olt ntpia Drive. Surface runoff ivould he removed as part of the proposed grading.
5. The proposed grading uvould.further stabili.:e erosion and stormuvater runoff ftom the Carmax and Pavilions
sites by relieving critical .slopes and capturing runoff in un underground stortn s}stem.
6. Buildings and retaining tircdls have been provided to create steps up the site, further reducing surface runoff
velocities on the site.
7. There are no septic systems on this property.
8. The property does not lie in the 100 -year flood plain.
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. "
Section 4.2.5(a)
Review of the request by Current Development Planning staff -
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 this staff does not find that the disturbance of
the critical slopes would result in the loss of an identified aesthetic resource.
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 non-exempt critical slope areas on this site are wooded. The applicant is proposing commercial office space,
and the critical slope disturbance includes buildings, parking areas, grading, etc.
Areas
Total site
4.8 acres approximately
Critical slopes
0.9 acres
l 99"o of site
Critical slopes disturbed
0.3 acres
33% 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'
The site drains to LiLyor Stormwater iVlanagement Pond #1, which has been designed to handle the runofffrom
the proposed site.for both Storintivater Quality and Detention.
V
"siltation"
Inspection and honcling by the Cot(nty will ensure siltation control daring construction. Proper stabilization and
maintenance will ensure long term stability.
"loss of aesthetic resource"
The Clrsturbance will be visible from adjacent parcels and prtblic roadways.
"septic effluent"
This site is served by public sewer.
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative
locations:
One-third of proposed critical slope disturbance is exempt (0.1 acres), as the critical slopes shown are the result of
a previously approved plan (Town & County Drive Phase II and Olympia Drive, Car Max, Luxor, Pavilions Phase
1). The remaining two-thirds of proposed critical slope disturbance are not exempt (0.2 acres).
Based on the above review, Engineering recommends approval to the critical slope waiver.
Review of the request by Current Development PlanninL, 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 conte fission may modify or waive any requirementof ,Section 4. 2 n7 U pat
trcular Case uponfinding 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- til'elfare, or that alternatives proposed by the developer would
satisfy the proposes of section 4.2 to at least an equivalent degree; or (Added 11-15-89) "
This parcel is relatively visible from adjoining developments. In addition, there are a large number of
proposed critical slopes disturbances that are to be graded and landscaped to the benefit of the project and
adjoining properties. Staff finds that a strict application of the requirements set forth in Section 4.2 would
not forward the purposes of this chapter and otherwise serve the public health, safety or welfare.
2. "Due to its unusual size, topographv, shape of the property, location of the property or other umrsrtal
conditions, excluding the proprietat y 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 adfacent properties. Such modification or il'aiver shall not he detrimental to the
public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or" he
Contrary to sound engineering practices; oi" (.I(lde(111-15-89)
Denial of this waiver would not prohibit or unreasonably restrict the use of the property. However, the
adjacent residential property may suffer both from the lack of grading and lack of landscaping were the
waiver to be denied. That is to say, approval of this modification will allows the impact to be better
mitigated.
Granting such modification or M'ail'er WOUN serve a public purpose of greater import than would he
served by strict application ofsection 4.2. (,-Idcled 11-15-89)
This property is in the Development Areas, and represents a commercial development in an area
designated on the Comprehensive Plan for commercial development. Granting the modification would
allow for the level of development recommended by the Comprehensive Plan.
14
RECOMMENDATION:
Staff is able to find that the provisions of Section 4.2.5(b) have been met. The grading and landscaping proposed
enhance the environmental issues of reducing the movement of soil and rock through proper slop[e reduction;
reducing siltation and sediment transfer from this site to adjoining properties by providing a root mass by
applying appropriate landscaping technique; and, with landscaping enhancing the buffering of commercial and
residential uses. Thus, staff is able to recommend approval to the Commission of a waiver of Section 42.3.
If the Commission concludes that the findings in the previous section have been met and therefore approves the
requested waiver, staff recommends the following conditions:
1. Disturbance of additional critical slopes would allow additional approval.
WAIVER TO ALLOW LAND DISTURBANCE IN A BUFFER BETWEEN ZONING
DISTRICTS
Section 21.7.3 provides the method of requesting a waiver:
-B[[tfLx zone adjacent to residential and rt[ral areas districts: No construction activity including
grading or clearing of vegetation shall occur closer than Nvnty (20) feet to any residential or 1-111-al
areas district. Screeningc'reening shall be provided (is required in section 32.7.9. ECc'ept, the commission
may waive this requirement in a particular case where it has been denionstrated that grading or
clearing is necessary or would result in an improved site design, provided that.-
a.
hat:a. itlinirnutn screening requirements are inet; and
b. Existing landscaping in excess of ininimtan requirements Is substantially restored.
Applicant's Request for Disturbance in a Buffer Zone Waiver:
The applicant states in the request for waiver:
"The Prelintinaty Site Development Plan for tVhitehouse Conunercial shows a stepped retaining
wall that intrudes approximately 6 feet into the buffer zone. The nuixitman height of each Tull is
10 ft and the walls are stepped to provide a 5 -ft landscape strip to break the appearance of the
tia'all face. A railing at the top of the wall and additional landscaping within the ht[f fer zone will he
provided to tnitigate the inipac't.S of the disturbance. As additionalJL[5'tlf[C'Ut1on f01 the disturbance, provide the follutiving:
1. The buf fer zone in question has been disturbed by clearing and grading in accordance with the
approved development plan for the Pavilions townhoines.
2. A pedestrian connection is proposed as part of the disturbance.
3. As nntigation is not a rcgnireinent of residential developinent adjacent to a coininercial
district, the proposed disturbance, and resulting regtarenient for initigation, would effectively
iniprove the health, safety, and welfare of the existing condition and provide a visual screen
between the hi•o developments.
The reasons given above detnonstrate that the proposed grading, site work-, and plantings would
result in all unproved site design.
STAFF COMMENT:
Based upon the proposed grading and construction plans, granting a modification to the requirement of no
construction would prevent erosion and sedimentation to adjoining property by providing a retaining wall and
plantings between the commercial and residential properties. In addition, the planting of conifers, flowering
and deciduous trees, as shown on the landscaping plan, further separates the uses and provides a pleasant view
from the lower, adjacent, residential property to the higher, in elevation, commercial property. Allowing
disturbance in the buffer zone allows for the grading and construction of retaining walls and plantings
enhances the aesthetics and separation of the two uses.
RECOMMENDATION:
Staff has recommended approval of the two waivers requested by the applicant. The plan has been reviewed by
the Site Review Committee and may be approved administratively if the Commission approves the two
modifications.
RECOMMEDED ACTION:
1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
2. Section 21.7.3 — disturbance of land within the buffer between coinmercial and residential property
(recommendation, approval)
ATTACHMENTS:
A. Location/Detail Maps
B. Applicant's Request and Justification for both Critical Slopes and Buffer Disturbance
C. Excerpt from Review by Jonathan Sharp, Engineer
1.111, 1., CWd
rte- y—.1Va'.
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re Dominion
��i�e�' Development
� y i \esources, LLC
n
s`ec't s
s
January 28, 2008
Albemarle County Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Whitehouse Commercial Site Development Plan
Request for Waiver of Section 21.7.3
To Whom It May Concern:
172 South Pantops Drive
Charlottesville, VA 22911
434.979.8121 (p)
434.979.1681 (f)
DDRVA.com
In accordance with section 21.7.3 (a) and (b) of the County Zoning Ordinance, this letter is to request a
waiver for the requirements of Section 21.7.3 Buffer zone adjacent to residential and rural areas
districts.
The Preliminary Site Development Plan for Whitehouse Commercial shows a stepped retaining wall
that intrudes approximately 6 feet into the buffer zone. The maximum height of each wall is 10 ft and
the walls are stepped to provide a 5 -ft landscape strip to break the appearance of the wail face. A
railing at the top of the wall and additional landscaping within the buffer zone will be provided to
mitigate the impacts of the disturbance. As additional justification for the disturbance, we provide the
following:
The buffer zone in question has been disturbed by clearing and grading in accordance with the approved
development plan for the Pavilions townhomes.
A pedestrian connection is proposed as part of the disturbance.
As mitigation is not a requirement of residential development adjacent to a commercial district, the
proposed disturbance, and resulting requirement for mitigation, would effectively improve the health,
safety, and welfare of the existing condition and provide a visual screen between the two developments.
The reasons given above demonstrate that the proposed grading, site work, and plantings would result
in an improved site design. Please call me or Kelly Strickland from our office if you have any questions
or concerns.
Sin ely,
JJ�at Miller, ASLA
Dominion Development Resources, LLC
1350 Stony Point Road
Charlottesville, VA 22911
(434) 984 - 1599
Attachment B �`?
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`*e�OIS Dominion
� ia� Development
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Resources. LLC
January 28, 2008
Albemarle County Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Whitehouse Commercial Site Development Plan
Request for Waiver of Section 4.2
To Whom It May Concern:
172 South Pantops Drive
Charlottesville, VA 22911
434.979.8121 (p)
434.979.1681 (f)
DDRVA.com
In accordance with section 4.2.5 of the County Zoning Ordinance, this letter is to request a waiver for
the requirements of Section 4.2 CRITICAL SLOPES.
The Preliminary Site Development Plan for Whitehouse Commercial shows there are approximately
37,650 square feet of critical slopes on the 4.81 acre site. These critical slopes would require grading
as part of this project. Of the 37,650 SF of critical slopes: 11,795 SF were created as a result of
grading for Rolkin Road and Olympia Drive, 1,393 SF were created as a result of grading for the
Pavilions townhome development, and 16,630 SF were created as a result of grading for the Carmax
Site Development Plan, and 7,832 SF of the critical slopes appear to be part of the original site
topography.
1. The proposed grading is minor and measures will be taken to ensure rapid or large-scale movement of
soil and rock does not occur.
2. A Sediment Basin exists to prevent excessive stormwater run-off from occurring.
3. The sediment Basin provides erosion protection for all natural and man-made bodies of water.
4. The proposed grading would assist in stabilizing the grading that created the critical slopes along Rolkin
Road and Olympia Drive. Surface runoff would be removed as part of the proposed grading.
5. The proposed grading would further stabilize erosion and stormwater runoff from the Carmax and
Pavilions sites by relieving critical slopes and capturing runoff in an underground storm system.
6. Buildings and retaining walls have been provided to create steps up the site, further reducing surface
runoff velocities on the site.
7. There are no septic systems on this property.
8. The property does not lie in the 100 -year flood plain.
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 or Kelly Strickland from
our office if you have any questions or concerns.
Sincerely,
Janet Miller, ASLA
Dominion Development Resources, LLC
1350 Stony Point Road
Charlottesville, VA 22911
(434) 984 - 1599
County of Albemarle
Department of Community Development
Memorandum
To: Patrick Lawrence, Current Development planning and zoning review
From: Jonathan Sharp, Current Development engineering review
Date: 31 Jan 2008
Subject: Whitehouse Commercial Preliminary Site Plan (SDP200800020) critical slope waiver request
The critical slope waiver request has been reviewed. The engineering analysis of the request follows:
Description of critical slope area and proposed disturbance:
The non-exempt critical slope areas areas on this site are wooded. The applicant is proposing commercial
office space, and the critical slope disturbance includes buildings, parking areas, grading, etc.
Areas
Total site 4.8 acres approximately
Critical slopes 0.9 acres 1911/.of site
Critical slopes disturbed 0.3 acres 33%0 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'
The site drains to Luxor Stonnwater Management Pond #1, which has been designed to handle the
runoff from the proposed site for both Stormwater Quality and 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 disturbance will be visible from adjacent parcels and public roadways.
"septic effluent"
This site is served by public sewer.
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
One-third of proposed critical slope disturbance is exempt (0.1 acres), as the critical slopes shown are the
result of a previously approved plan (Town & County Drive Phase II and Olympia Drive, Car Max, Luxor,
Pavilions Phase I). The remaining two-thirds of proposed critical slope disturbance are not exempt (0.2
acres).
Based on the above review, Engineering recommends approval to the critical slope waiver.
Attachment C ��
County of Albemarle
Department of Community Development
Memorandum
To: Patrick Lawrence, Current Development planning review
From: Jonathan Sharp, Current Development engineering review
Date: 31 Jan 2008
10 Mar 2008 (Revl)
Subject: Whitehouse Commerical (SDP200800020)
Before Engineering can recommend preliminary approval to the site plan, the following comments must be
addressed:
Please provide easements or letters of intent to dedicate for all offsite site work.
Rev]: comments not addressed.
There are three ditches shown on the previous plans that drain through the site (Olympia Drive,
Rolkin Road, Pavillions Phase 1). These ditches are not contained with the proposed plans and
appear to drain into the site or spill over into the right-of-way. Please tie the ditches into the storm
sewer systern.
Rev1: comments not addressed.
4. A critical slopes waiver must be approved by the Planning Commission prior to preliminary site
plan approval.
Rev]: Preliminary approval pending PC action.
5. The parking garage must meet all standards of the parking ordinances. Any necessary waivers
(sight distance, etc.) must be approved prior to final site plan by the Zoning Administrator.
Rev1: This must be addressed prior to final site plan approval.