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Home My WebLink AboutSDP200800066 Staff Report 2008-07-22ltiOg ALg,rJ fi r ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SDP2008 -66 Hunters Staff: Summer Frederick, Amy Pflaum Way Major Site Plan Amendment Planning Commission Public Hearing:Board of Supervisors Hearing: July 22, 2008 N/A Owners: John or Julie Flevarakis Applicant: John Flevarakis Acreage: 2.187 Acres Rezone from: N/A Special Use Permit for: N/A TMP: Tax Map 78, Parcel 4961 By -right use: HC- Highway Commercial, Location: West side of Hunters Way EC- Entrance Corridot Route 1146) approximately 650 feet north of the intersection with Route 250. Magisterial District: Scottsville Proffers /Conditions: No Requested # of Dwelling Units /Lots: N/A DA RA - X Proposal: Request for approval of Comp. Plan Designation: Rural Areas major site plan amendment and in Rural Area 2 associated critical slopes waiver [Sec. 18- 4.2.5(b)] Character of Property: The property has Use of Surrounding Properties: an existing brick and metal building with Parcels averaging 2.0 acres in size, associated parking.zoned LI -Light Industrial and HC- Highway Commercial, with uses appropriate to zoning. Factors Favorable:Factors Unfavorable: 1. Addresses the requirements of Section 1. Denial of the critical slope waiver 18 -4.2.would not prohibit development on the property. Recommendations: Section 18- 32.4.3.6 Major Site Plan Amendment — approval with condition: 1) The Major Amendment Site Plan shall meet the requirements of Chapter 18, Section 32.6 of the Albemarle County Code. Section 18 -4.2.3 Waiver of critical slope restrictions — approval. STAFF CONTACT: Summer Frederick; Amy Pflaum PLANNING COMMISSION: July 22, 2008 AGENDA TITLE: SDP2008 -66 Hunters Way Major Site Plan Amendment and Critical Slope Waiver PROPERTY OWNER: John or Julie Flevarakis APPLICANT John Flevarakis APPLICANT'S PROPOSAL: Request for a major site plan amendment approval to construct an indoor athletic facility of 12,000 square feet on 2.187 acres, zoned HC- Highway Commercial and EC- Entrance Corridor (Attachment C). The property, described as Tax Map 78, Parcel 4981 is located in the Scottsville Magisterial District on Hunters Way [Route 1146] approximately 650 feet north of its intersection with State Route 250. The Comprehensive Plan designates this property as Rural Area in Rural Area 2. The above proposal will require disturbance of critical slopes [slopes of twenty -five (25) percent or greater]. The applicant has filed a written request for a critical slopes waiver addressing each concern set forth in Section 18 -4.2 as per Section 18- 4.2.5b of the Albemarle County Code Attachment B). PLANNING AND ZONING HISTORY: SDP1983 -001: Construction of an 1,995 square foot, one story office building and a 2,250 square foot metal storage building on TMP 78 -49B, 4.09 acres. SUB1992 -073: Subdivision of TMP78 -49B, 4.09 acres into two (2) separate lots of 1.896 acres and 2.187 acres, creating current TMP78 -49B and TMP78 -49131. Existing office building office building located on TMP78 -49B, and existing storage building location on TMP78 -49B1. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Areas in Rural Area 2. REASON FOR PLANNING COMMISSION REVIEW: Per Section 18- 32.4.3.6, this application was called up for Planning Commission review by a member of the Planning Commission. Additionally, approval of this application requires Planning Commission approval of a modification of Section 18 -4.2 in order to allow disturbance of critical slopes. DISCUSSION REVIEW OF SITE PLAN MAJOR AMENDMENT The major site plan amendment has been reviewed by the Site Review Committee and, if the requested critical slope modification is granted, found to generally meet the requirements of the ordinance. Resolution of outstanding issues will not result in a major redesigning of the plan and can be achieved prior to final County approval. CRITICAL SLOPES MODIFICATION The request for a modification has been reviewed for both 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 application has submitted a request and justification for the waiver (Attachment B), and staff has analyzed this request to address the provisions of the ordinance. Critical slopes cover approximately 0.02 acres, or approximately 1.0 percent of the 2.187 acres included in this request. The requested critical slopes to be disturbed appear to be both natural and man -made. Staff has reviewed this waiver request with consideration for the concerns that are set forth in Section 4.2 of the Zoning Ordinance, entitled "Critical Slopes ". A request to allow disturbance of critical slopes must be reviewed in accord with the requirements of Section 4.2.5. This section requires a two part analysis. Section 4.2.5(a) 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 critical slope areas within TMP 78 -49131 contain both natural and man -made slopes. The man- made slopes are embankments created when the existing building and parking area on the parcel were constructed per Site Plan SDP -83 -001. The natural critical slopes exist in two areas near the northeast corner of the site and are wooded slopes. The critical slope disturbance is in the form of grading required for the construction of a new building and the accompanying septic field. Areas Acres Total site area 2.187 Area of natural critical slopes 0.02 1.0% of development Total critical slopes disturbed 0.02 100% of critical slopes Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed: rapid and /or large scale movement of soil and rock " - The 2 areas of natural critical slopes on this site are small and scattered. The larger area will be cut into and graded flat to provide a location for the new building's septic field. The smaller area is up against the property boundary with TMP 78 -49C and will be cut into to steepen an embankment, providing for the flat area below. Particular attention will be required in this area to stabilize the existing up -slope embankment and the proposed engineered slopes. This will be noted in the review of the Erosion and Sediment Control Plan which has been submitted for this project. Both critical slope areas are small and large scale movement of soil and rock is 3 not anticipated to occur as a result of this construction. 2. "excessive stormwater run - off'' The applicant has submitted a Stormwater Management Plan which is being reviewed for County compliance. Stormwater facilities are being proposed to control the drainage generated by this site through above ground detention and proper conveyance systems. Excessive stormwater runoff is not expected as a result of disturbance of these critical slopes. 3. "siltation of natural and man -made bodies of water ": The applicant has submitted an Erosion and Sediment Control Plan which is being reviewed for County compliance. The Plan proposes measures including silt fence, storm sewer inlet protection and permanent seeding on exposed ground during the stages of construction. These measures are anticipated to reduce sediment -laden runoff from leaving the site. Inspection and bonding by the County will ensure siltation control during construction. Proper stabilization and maintenance will ensure long term stability. 4. "loss of aesthetic resource The disturbance of the existing critical slopes with this development does involve the removal of existing trees. This site is located within the Entrance Corridor Overlay District, and is therefore subject to approval by the Architectural Review Board. 5. "septic effluent ": The critical slopes disturbance is uphill from the existing and proposed drainfields on this site. In the event of a septic system failure, any effluent which has reached the surface will run to the parking lot of the existing building, into the storm sewer, and to the river. The critical slopes disturbance does not affect the travel distance of septic effluent. 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. Sec. 18- 4.2.5(b): Staff has included the provisions of Sec. 18- 4.2.5(8) here (in italics), along with staff comment on the various provisions: b. The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that: (Amended 11- 15 -89) 1. Strict application of the requirements of section 4.2 would not further the purposes of this chapter or otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer would satisfy the purposes of section 4.2 to at least an equivalent degree; or Added 11- 15 -89) Staff believes the portion of the critical slopes to be disturbed to construct the Reserve Drainfield are a result of construction associated with the approved site plan of 1983, but are not shown on a previous site plan and are therefore defined as "Natural Critical Slopes ". The portion of critical slopes adjacent to the northern boundary line represent a small portion of the total amount of critical slopes to be disturbed (0.02 acre). No alternative has been proposed by the developer that would satisfy the purposes of section 4.2. Il 2. Due to its unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interest of the developer, the requirements of section 4.2 would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the site or adjacent properties. Such modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or be contrary to sound engineering practices; or (Added 11- 15 -89) An actively used building is currently located on the property; therefore, the requirements of section 4.2 do not effectively prohibit or unreasonably restrict the use of the property. The waiver, however, would 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 of greater import than would be served by strict application of section 4.2 (Added 11- 15 -89). It is staff's opinion granting the modification would not serve a public purpose of greater import than would be served by strict application of section 4.2. Attachments: A - Tax Map /Location Map B - Applicant's Request and Justification for Critical Slope Waiver C - Site Plan 5 Hunter' s 78 -49C 660 78- 49D 2264 78 -49 79- 7+ 79 -7A Map is for display purposes only • Aerial Imagery from Commonwealth of Virginia Le Note'. Some items on map may not appear in legend) Mayor Amendment 78 -49B 1 2330' 232 78 -49B RICHM Rp D 2390 a 78 -49G 79 -4B r 78- 49F 78 -49E .... B WpcM 2385 R 79 -4M p,.. 2383 79 -4L 23 79 -4D 79 -4N 2365 2355 79 -4P 79. 78- 49A+ 2302 # w 2300 Attachment A S` ot AtgF GIS -Web Geographic Data ServicesGeographic0 (434) 298 -5832 trR 1 COLLINS 1:34 2' _9 i 1') 434 2?3 '17 1 C) v,: •.tiw c oil iri -, -• g ri._• ind , on) June 28, 2008 County of Albemarle Department of Community Development 401 McIntire Road, Room 227 Charlottesville, VA 22902 RE: HUNTERS f"YREQUEST FOR CRITICAL SLOPES WAIVER To Whom It May Concern: Please consider this request for a critical slope waiver to allow disturbance of critical slopes. The following is a summary of the impacts proposed: Total site area: 2.187 ac. Area of natural critical slopes on site: 925 sq. ft. (0.02 ac.) = 1.0% of total area Area of natural critical slopes on site to be disturbed: 925 sq. ft. (0.02 ac.) 1.0 °'o of total area, 100% of all natural critical slopes on site) Vole: [thin -nw(le critical Slopes, as klenlifietl oil the . ile lVan ainemhnel7l, are not inchule(l ill this anuh'sis. The following area responses to the concerns raised in section 18-4.2.5 of the zoning ordinance, regarding potential dangers of critical slope impacts: 1) Rapid and; or large scale movement of soil and rock Response: The scale o0 his clel'elopnellt is relutirell sinall ill scale. Gracling operations uvill in'oh onli' the )mmenlelll of.soil inlet rock to iniplenellt the proposed plan. 2) Excessive storrnNN,ater runoff Response: The c'ollec•lion anal treatment of 'stortnraler runoff is prnt'icled fnr ill 1170 slorilli 'atel' 117(ill(I 011ellt c117c1 erosion c117d ,vechlliel7t C'01711Y11 p0l'li0l7S of llle pl'oposecl site plan unlencln7ent, subject to C'ounlY upprorul.. 3) Siltation of natural and man -made bodies of water Response: Erosion and Seclil? lit Control plalzs, .sllhjec•t to the approl of the C'ounlY engineer gill ensure that siltation of haler holies is (1i , oiclecl. 4) Loss of aesthetic resource Response: The clisturhance of `1latlll'al c'ritic'al SlopeS 1VOpoSC'cl is IllillilMll 0171x' to inSlall uburet clraill and c11r41il7fiehl. These ilnproi hill he located ullcle'rgrowul a10 Will Ilot impact the site's appcarance. :lckhtionally, the , haS C'011(hti017(111_1' ttl)l)i the project, 111 respect to its CIP17earance fl'oln the entrance col'rlclor.. Attachment B " ,'' 5) In the event of septic system failure, a greater travel distance of septic effluent Response: In t event of sej)tic sl'steln fallllre, the travel distance of sej)tic effluent will not Increase as a result of these c'rilicu1 sloj)e tllsturbances. The existing natural cl'itical slopes to he clisturhecl are loculecl at higher elevations on rile in the ricillih of the "back- up tlralnflehl. In the unlikell' scenario that this th ainfleltllocatlon is utilized, clownstretlM slopes, Which icoultl channel potcrtti(ll sej)lic overflow, lroukl not he affectetl ht' the proposed critical slope inipacts. Please let me know if you have any questions or require any additional information. Sincerely. Scott Collins, PE Attachment B I m TIP 78- 49C LOT 3 BEyER RW+ LWD OR DAM 2.460 AC. Z ONED, U USE. COMMERCIAL E i ; 9 - RAWrVOK0 = ILAM WWFL- SMA TWTI 78 4, 91u] 4qo m Im no wp- 03m 4 TIP 7a- 49 HAKrMM. J LEONARD 28. 61 AC. JONED RA 43- USE: RESIDENTIAL X 4 jU 2 1 TIP 79- 4N COLEMAN -EIDER LLC K. Z6 PC NED, U USE. LIGHT *0LISIMAL Vc2 42 00 I N 4th 41= 418 414 41 TMP 78- 498 LOT 28 VIRGHA SCHOOL BOARDS ASSOCIATION 41 1. 898 AC. ZONED . HC LlSf COMMERCIAL L CC) LL INS ENGINEERING HUNTERS WAY INDOOR ATHLETIC FACILITY JUNE 29, 2008 SCALE PROPOSED CRITICAL SLOPES IMPACTS