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HomeMy WebLinkAboutSDP200800136 Staff Report 2008-11-11r IRGI ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SDP2008 -136 Airport Road Office Staff: Elizabeth M. Marotta, Senior Planner Plaza Planning Commission Public Hearing:Board of Supervisors Hearing: November 11, 2008 N/A Owners: Airport Road Office Plaza, LLC Applicant: Timmons Group, c/o Ammy George Acreage: 5.02 acres Rezone from: N/A Special Use Permit for: N/A TMP: Tax Map 32 -41 E Zoning: Commercial Office (CO), Entrance Location: Southwest corner of the intersection of Corridor Overlay (EC) Airport Road (Route 649) and Timberwood By -right use: yes Boulevard Magisterial District: Rio Proffers /Conditions: N/A Requested # of Dwelling Lots: N/A DA— X RA — Proposal: Critical slopes waiver in conjunction with Comp. Plan Designation: Town Center in a preliminary site plan for the development of a the Hollymead Community Plan Area 61,180 square foot commercial office building. Request is to disturb 0.12 acres (5,275 square feet) of critical slopes. Character of Property: Undeveloped, wooded.Use of Surrounding Properties: Existing wetlands bisect the southern half of the North- light manufacturing, office, and vacantproperty, and man -made critical slopes exist along residential land the eastern property line along Timberwood Boulevard.Southwest- church East- single family residential Factors Favorable:Factors Unfavorable: 1. Runoff and siltation can be handled with 1. Due to the presence of wetlands,detailed and phased erosion and sediment design and enforcement of the erosioncontrolmeasures. and sediment control plan will be2. 99% of critical slopes proposed to be challenging.disturbed were man -made. 2. Natural critical slopes are proposed to3. Site is within the County's Development be disturbed. Areas. 4. Slopes are not shown as a resource in the Open Space Plan. RECOMMENDATION Approval STAFF PERSON: Elizabeth M. Marotta, Senior Planner PLANNING COMMISSION November 11, 2008 AGENDA TITLE: SDP200800136 Airport Road Office Plaza Preliminary Site Plan APPLICANT Airport Road Office Plaza, LLC c/o Trey Steigman MSC PROPERTY OWNER(S) Airport Road Office Plaza, LLC APPLICANT'S PROPOSAL Critical Slopes waiver to allow 5,275 square feet (0.12 ac) of critical slope disturbance, in conjunction with a preliminary site plan approval for the construction of a 61,180 square foot commercial office building. The applicant has requested a modification of Section 18 -4.2.5 of the Zoning Ordinance in order to allow 5,275 square feet (0.12 acres) of critical slope disturbance. The property, described as Tax Map 32, Parcel 41 E, contains 5.02 acres, 0.18 acres of which are critical slopes. The property is zoned CO (Commercial Office) and EC (Entrance Corridor Overlay). This site is located in the Rio Magisterial District at the southwest intersection of Airport Road [State Route #6491 and Timberwood Boulevard. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Town Center within the Hollymead Community Plan Area. REASON FOR PLANNING COMMISSION REVIEW Disturbance of critical slopes is proposed and a waiver is required. PLANNING AND ZONING HISTORY None Available. STAFF REVIEW: This application was reviewed by the Site Review Committee on October 9, 2008. The Site Review Committee has reviewed this proposal and will approve the Site Development Plan with the approval of the critical slopes modification and minor revisions to address comments. 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 occur in three areas of the site, for a total of approximately 0.18 acres (7,840 square feet), or approximately 3.5% percent of the 5.02 -acre site. The majority of the critical slopes on the site appear to have been man -made with the construction of Timberwood Boulevard, however there is a small area of natural slopes occurring in the area of the wetlands. 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 appear to contain both natural and man -made slopes. The critical slope disturbances are in the form of: Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed: 1. "rapid and /or large scale movement of soil and rock ": Construction of the building and other site features will most likely require a temporary increased flow down the critical slopes during a rain event. Movement of soil can be caught with an appropriate sediment trapping measure before site runoff enters the existing stormwater system. However, due to the protected wetlands at the southern end of the site, erosion and sediment control will be difficult and may required a phased erosion and sediment control plan. Phasing will be required if determined appropriate during the review of the E &S plan. 2. "excessive stormwater run - off ": Stormwater runoff will be controlled onsite by an underground detention facility. No site runoff will run across critical slopes in the post - development condition. 3. "siltation of natural and man -made bodies of water ": Inspection and bonding by County will ensure siltation control during construction. Proper stabilization and maintenance will ensure long term stability. 4. "loss of aesthetic resource ": The Open Space Plan is the primary tool used by staff in determining the presence of aesthetic resources. The critical slopes on this property are not identified in the Open Space Plan and the plan shows no resources for the site. Therefore, staff opinion is that approval of this request will not result in the loss of aesthetic resources. 5. "septic effluent ": This site is served by public sewer. Total Areas Proposed Disturbance Total site 218,671 SF (5.02 + /- ac)5,275 SF (0.12 ac)of total site area= 2.4% Area of critical slopes-Man -made = 6,565 SF 5,265 SF of total site area= Man -made 3.0% Area of critical slopes-Natural = 1,312 SF 10 SF of total site area= Natural 0.59% Total critical slopes 7,877 SF (0.18 ac= 3.6%5,275 SF (0.12 ac)of critical slopes= of total site )66% Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed: 1. "rapid and /or large scale movement of soil and rock ": Construction of the building and other site features will most likely require a temporary increased flow down the critical slopes during a rain event. Movement of soil can be caught with an appropriate sediment trapping measure before site runoff enters the existing stormwater system. However, due to the protected wetlands at the southern end of the site, erosion and sediment control will be difficult and may required a phased erosion and sediment control plan. Phasing will be required if determined appropriate during the review of the E &S plan. 2. "excessive stormwater run - off ": Stormwater runoff will be controlled onsite by an underground detention facility. No site runoff will run across critical slopes in the post - development condition. 3. "siltation of natural and man -made bodies of water ": Inspection and bonding by County will ensure siltation control during construction. Proper stabilization and maintenance will ensure long term stability. 4. "loss of aesthetic resource ": The Open Space Plan is the primary tool used by staff in determining the presence of aesthetic resources. The critical slopes on this property are not identified in the Open Space Plan and the plan shows no resources for the site. Therefore, staff opinion is that approval of this request will not result in the loss of aesthetic resources. 5. "septic effluent ": This site is served by public sewer. 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 Albemarle County GIS. 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 modify or waive any 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 of section 4.2 to at least an equivalent degree; or Added 11- 15 -89) Approval of the waiver allows the forwarding of public purposes by allowing logical development of the parcel, which is within the development area. Please see number 3 below for more details. 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) The existing wetlands and associated critical slopes effectively bisect the property, while man- made slopes extend up to 30' past the parking setback line along Timberwood Boulevard. In order to develop the property for a commercial office use and apply an efficient and logical site layout, some disturbance of critical slopes would be likely. The Current Development engineer has reviewed the proposed project and has deemed that due to the unique environmental conditions of the property it would be challenging, but possible, to apply a soil and erosion control plan that would address all potential runoff and siltation issues associated with disturbance of critical slopes. 3. Granting such modification or waiver would serve a public purpose of greater import than would be served by strict application of section 4.2. (Added 11- 15 -89) This property is located within the County's Development Area. As such, public policy supports the development of the site in a manner consistent with applicable codes and ordinances. The proposal to develop this site for a commercial office building and associated parking is consistent with the zoning in place, as well as the policy to encourage development within the development areas. As discussed above, the unusual conditions of the site make it unappealing to develop without a critical slopes waiver. Therefore, granting the waiver, thus enabling the development of the proposed commercial office building, furthers the public objective of concentrating development within the development areas. 11 SUMMARY AND RECOMMENDATION Staff review has resulted in both favorable and unfavorable findings: Favorable factors: 1. Runoff and siltation can be handled with detailed and phased erosion and sediment control measures. 2. 99% of critical slopes proposed to be disturbed were man -made. 3. Site is within the County's Development Areas. 4. Slopes are not shown as a resource in the Open Space Plan. Unfavorable factors: 1. Due to the presence of wetlands, design and enforcement of the erosion and sediment control plan will be challenging. 2. Natural critical slopes are proposed to be disturbed. Staff opinion is that the favorable factors outweigh the negative factors and therefore staff recommends approval of a waiver of Section 4.2.3.2 to allow activity on critical slopes. ATTACHMENTS A. Engineering Report B. Applicant Justification C. Aerial Map D. Site Plan- overall E. Site Plan- detail of proposed critical slope disturbance 0, JGI'Ilii Jx County of Albemarle Department of Community Development Memorandum To: Elizabeth Marotta, Current Development planning and zoning review From: Phil Custer, Current Development engineering review Date: 29 October 2008 Subject: Airport Road Office Plaza critical slope waiver (SDP -2008 -001 36) The critical slope waiver request has been reviewed. The engineering analysis of the request follows: Description of critical slope area and proposed disturbance: The proposed development of TMP 32-41E consists of a large office building at the intersection of Timberwood Blvd. and Airport Rd and the necessary parking lot for the building. Construction operations will disturb approximately 90% of the parcel. Land disturbance will be limited in two areas: to the west because of a required 20ft undisturbed buffer adjacent to the residential lots and to the south because of state protected wetlands. As mentioned by the applicants in their request for the critical slope waiver, the majority of the critical slopes being disturbed on site are likely manmade. The slope in the southeast portion of the property is fill from the construction of Timberwood Blvd. However, there are a few small areas of natural slopes being disturbed in the area of the wetland. Areas Acres Total site 5.02 acres approximately Critical slopes 0.18 acres 3.6% of the site Critical slopes disturbed 0.12 acres I 66% of on -site critical slopes Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: There are no exemptions to critical slope disturbance. Compliance with Zoning Ordinance 18 -4Z: movement of soil and rock "' Construction of the building and other site features will most likely require a temporary increased flow down the critical slopes during a rain event. Movement of soil can be caught with an appropriate sediment trapping measure before site runoff enters the downstream channel. However, due to the protected wetlands at the southern end of the site, erosion and sediment control will be difficult and will require a phased erosion and sediment control plan. excessive stormwater runoff" Stormwater runoff will be controlled on site by an underground detention facility. No site runoff will run across critical slopes in the post development condition. siltation Inspection and bonding by the County will ensure siltation control during construction. Proper stabilization and maintenance will ensure long term stability. Attachment A Albemarle County Community Development Engineering Review comments Page 2 of 2 loss of aesthetic resource " The majority of the critical slopes on site are not an aesthetic resource in the opinion of the reviewing engineer. septic effluent"' This site is serviced by public sewer. Engineering review recommends approval of the critical slope waiver. The design and enforcement of any erosion and sediment control plan for this layout will be challenging but can be reasonably handled by a detailed and phased construction sequence. F 0 Q t September 15, 2008 County of Albemarle Department of Planning and Community Development 401 McIntire Road, Room 218 Charlottesville, VA 22902 Dear Albemarle County Planner: RE: Airport Road Office Plaza Critical Slope Waiver Request In the development of the Airport Road Office Plaza on Tax Map 32 Parcel 41 E, a portion of the existing critical slopes on the properties will be impacted. Please consider this critical slopes waiver request to allow minimal impacts to critical slopes per Section 4.2.5.b. I of the Zoning Ordinance. The following are the calculations for the site: Parcel Parcel Area Area of Critical Area of Critical Slope on Parcel Slope Impact TM 32 Parcel 41 E 5.02 Acres 0.18 Acres 0.12 Acres We have three areas of critical slopes on the subject property. A majority of the existing critical slopes on the subject property are located along the south - eastern property line. This area is approximately 6,565 SF. These slopes area man -made; they were constructed with Timberwood Blvd. Approximately 5,265 SF of this area will be disturbed during the construction of the proposed parking lot. The second area of critical slopes is along the drainage swale that runs through the property in a north -south direction. This area is approximately 991 SF. Approximately 10 SF of the critical slopes will be disturbed during the construction of the retaining wall. This will be due to a 5' area that is outside of the retaining wall that will allow the contractor to construct the wall. The area will be restored and stabilized prior to the removal of the erosion control devices. The third area is along the southwestern edge the property. This area is approximately 321 SF. This area of critical slopes will not be disturbed with the construction of this project. This development will not unnecessarily increase the amount of stormwater run -off by the use of a low - impact storm sewer design methods such as bio- filters, water quality swales and underground storage of run -off. The combination of these methods will ensure that the post - development run -off quantity does not exceed the pre - development run -off quantity. Attachment 13 The building will be on both public water and sanitary sewer. Based on the calculations and explanation provided above, the minimal critical slope impacts requested will in no way constitute potential dangers to the public health, safety and /or welfare. Please do not hesitate to contact me at 434.327.1684 if you have any questions or require any additional information. Thank you for your consideration. 7 Sin rely, f Ammy Cie rge, CLA cc: Trey Steigman, MSC for display purposes only • Aerial Imagery from Commonwealth of Virginia Short Version BRIP Computations For Worksheets 2 - 6 Albemarle Courtly Warier Protection Ordinance Modified Simple Method OfEf SJBD" 1, --gis Plan Airport Road office Water Resources Area P-11 Creel t t A> MAP Preparer CK Date TAI MA- 32G FARCE' 1 NDLISTAK -,6H' USE 4 Project Drainage Area Designation I% MANUFACTURIN6EARLIBURTON zo"/ Iv cc L I— -!P-PirR ell JjClAG272] R, .r.nollIoefficant RV=006 0009(1) P SMgjl Sic" connector faCorr, 0 1 PI I.P.-- - - / 1 _ _ j o• C P annual P cipit non 43' in Albemarle I = l it it wAPin ..bled drainage ii-,Il - --- C wilwwn noen ration, mI or cipm target Phosphorus 12 f PARCEI AAA In f factor appi 1. to RR TA MA Cl V ded.natinneardhern 05' over InI area AflA3560f() 5112)127 ROHER r AL SHIFLET T RR rqwd. r- P, removal affic_ cy, RR100ILkpo,,d) USE, RESIDENT Impervious Cover Corroutation (vaiuss In feet8 equart, Not) walks T IW III lx 008F. 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UNLESS OTHERWISE BW 56iol it NOTED ALL RADII AREE 5' H LUTILIT,; 4 EASEMEN- T 4i— 7 9 F1 7 ------ SJON7 7 on F ii O L - - _ SITE olsl 213, Ii i t TXMB4R WOOD BLVD i t. ; ik• it I I NTERSECTION DISTANCE 404'II I; ZP43LF WD 'h Pit _TTA -PING SLEEVEit IT AND VALVE 0 -4 , TIX MAP J_' PAR- EL 4'_ L4VRE HILL SaPTS- GRAPHIC SCALE7RUSTEEF i USE. CHURCH' Attachment D i t ''t, F- N U U_ LL Q. 0 0 L L 2 a. N ffi 19 2) 0 0 TAX MAP 32 PARCEL 4-? C- LAUREL HILL BAPTIST CHURCH, TRUSTEES - OF -- p - - - - - - - _ ZONING-- RA USE: - CHURCH A lu;) tuqaellv