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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP201600003 West Glen — Fill in
Staff: Rachel Falkenstein, Senior Planner
the floodplain SP
Planning Commission Public Hearing:
Board of Supervisors Hearing:
June 21, 2016
To be determined
Owner(s): Crozet Development Solutions, LLC
Applicant(s): Southern Development Group
Acreage: 40.77 acres
Special Use Permit for: Fill in the Flood Hazard
Overlay under Section 30.3.11 of zoning ordinance
TMP: 055CO-03-00-OOOAO; 056A1-01-00-02500;
Zoning/by-right use: R-6 Residential (6 unit/acre).
056A1-01-00-026AO; 05600-00-00-11500; 055CO-
03-00-OOOA1
Location: South of Cling Lane, northeast of Peach
Tree Drive and Orchard Drive
Magisterial District: White Hall
Conditions: Yes
DA (Development Area): Crozet
Requested # of Dwelling Units/Lots: N/A
Proposal: Construction of stream crossing
Comp. Plan Designation: Neighborhood Density
of Powell's Creek with box culvert and
Residential — 3-6 units /acre, supporting uses such
roadway in floodplain
as religious institutions, schools and other small-
scale non-residential uses; Greenspace — public
parks, open space, environmental features
Character of Property: Currently vacant and
Use of Surrounding Properties: Residential
wooded property; Powell's Creek and associated
neighborhoods of Crozet Crossing and Orchard
floodplain and stream buffer run through the length
Acres
of the property
Factors Favorable:
Factors Unfavorable:
1. The proposed stream crossing will not cause
1. The Crozet Master Plan does not identify a road
any rise in the base floodplain elevation.
with a stream crossing in this location and the
2. The stream crossing will allow development
Comprehensive Plan recommends that roads
of the property consistent with the Crozet
with stream crossings only occur in areas
Master Plan.
shown in the Master Plans.
3. The applicants are proposing a greenway
2. The stream crossing will impact environmental
dedication in an area identified for greenway
features such as the floodplain, stream buffer
within the Crozet Master Plan, which will help
and preserved slopes; however proposed
ensure preservation of the stream buffer.
mitigation measures will help alleviate these
4. The stream crossing in this location
impacts.
promotes interconnectivity and disperses
traffic onto a road system that is able to
handle the additional traffic load.
Recommendation: Staff recommends approval of the special use permit with conditions as outlined
below.
SP2016-03 West Glen
Planning Commission: June 21, 2016
Page 1
STAFF CONTACT:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Rachel Falkenstein, Senior Planner
June 21, 2016
TBD
PETITION:
PROJECT: SP201600003 West Glen
MAGISTERIAL DISTRICT: White Hall
TAX MAP/PARCEL: 055C00300000A0; 055C00300000A1; 056A1010002500, 056A10100026A0,
05600-000011500
LOCATION: Southwest of Cling Lane and northeast of Peach Tree Drive and Orchard Drive
PROPOSAL: Construction of stream crossing of Powell's Creek with box culvert and roadway in
floodplain
PETITION: Fill in the Flood Hazard Overlay under section 30.3.11
ZONING: R-6 Residential — 6 units/acre
OVERLAY DISTRICT: FH — Flood Hazard Overlay
COMPREHENSIVE PLAN: Neighborhood Density Residential — 3-6 units /acre, supporting uses such as
religious institutions, schools and other small-scale non-residential uses; Greenspace public parks,
open space, environmental features
CHARACTER OF THE AREA:
This proposal is for a crossing of Powell's Creek, which runs lengthwise through the property, south of
Cling Lane and northeast of Peach Tree Drive and Orchard Drive. The Flood Hazard Overlay runs along
the creek throughout the property and there is a 100' stream buffer on both sides of Powell's Creek.
The property is currently vacant and mostly wooded with some gentle sloping towards the creek. There is
one area of preserved steep slopes south of Powell's Creek adjacent to Orchard Drive. There is an
existing crossing of Powell's Creek northwest of the property that was permitted through a previous
special use permit for fill in the floodplain to allow for the construction of Cling Lane and the Crozet
Crossing subdivision. This crossing contains two box culverts. Southeast of the existing Cling Lane
crossing is a small dam with a small area of impoundment behind it. The applicant is proposing to
remove the dam and restore the stream in this area as part of the stream mitigation efforts.
Neighboring properties are mostly single family detached residential. Crozet Crossing is north of the
property and Orchard Acres is to the South. The Buckingham Branch Railroad runs north of the property
and there are a few single family residential properties to the east and some narrow, unimproved private
road easements including McComb Street and Pleasant Green Street running through the parcels to the
east connecting to Blue Ridge Avenue (Attachment A).
Staff recently approved an initial site plan with conditions for a development called The Vue, which is
proposing a 126 -unit by right apartment development on the southeastern portion of TMP 56-115 that
fronts on Blue Ridge Avenue. TMP 56-115 is part of the SP application for West Glen because the
proposed stream crossing and road will traverse across a portion of this same parcel; however,
developers for West Glen are not proposing any dwelling units on TMP 56-115.
The property is zoned R-6 Residential and most adjacent parcels to the north and east are also zoned R-
6. Properties to the south are zoned R-2 and parcels east across Blue Ridge Avenue are also zoned R-2
(Attachment B).
PLANNING AND ZONING HISTORY:
• SP 1990-103 Orchard Acres — SP for fill in the floodplain for stream crossing that allowed the
existing crossing of Powell's Creek and construction of Cling Lane. The SP contained a condition
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restricting the development of the property to only 30 lots in the Crozet Crossing subdivision and
required a second access to Orchard Drive be provided prior to further development of the
residue (Attachment C).
SUB2015-29 Crozet Development Solutions — Boundary line adjustment plat to add acreage
from 55 -C -3A to TMP 56-115 and combine with existing parcels along Blue Ridge Ave.
SDP2016-11 The Vue — Initial site plan proposing 126 apartments on TMP 56-115 along Blue
Ridge Avenue. Conditionally approved on 4/22/16.
DETAILS OF THE PROPOSAL:
The property is zoned R-6 Residential and contains a section of Flood Hazard Overlay District running
along Powell's Creek. No zoning change is proposed but the applicant desires to develop the property
and needs a second point of access to Orchard Drive to further develop the property to address
conditions of SP1990-103.
To build the second access, the applicant proposes to construct a stream crossing over Powell's Creek,
which requires a special use permit for fill in the floodplain. The proposed crossing will satisfy the
previous SP condition. The proposed crossing will be a 10'x10' triple box culvert, which the applicant has
demonstrated will not cause any rise in the base floodplain elevation, or 100 -year floodplain elevation
(Attachment D).
The proposed roadway crossing the stream will be an extension of Cling Lane, labeled as Cling Lane
Extended on the concept plan. Cling Lane currently ends in a cul-de-sac, and Cling Lane Extended will
extend the roadway to cross the Powell's Creek floodplain at its narrowest point, just south of the existing
Cling Lane cul-de sac. After the stream crossing, Cling Lane Extended will curve to the east and run
parallel to Powell's Creek until intersecting with Orchard Drive. Due to the narrow width of the parcel
south of the crossing point there will be an additional disturbance to the floodplain within the floodway
fringe and the road will traverse a small area of preserved slopes, which cannot be avoided if this access
is to be constructed (Attachment E).
The applicant is proposing a number of measures to mitigate the impacts to the stream and stream
buffer. There is an existing dam on the west side of the property that the applicant proposes to remove
with this development. The removal of the dam will allow the stream in this area to return to a natural
state. Staff from the Army Corps of Engineering has indicated their support for the dam removal project
and is of the opinion that the dam removal/stream restoration would more than offset any environmental
impacts from the proposed road crossing (Attachment F). The applicant is also proposing mitigation
plantings throughout the property in areas where the stream buffer is currently not vegetated. A
mitigation plan will be required in accordance with the Water Protection Ordinance (WPO) to be reviewed
and approved by the County Engineer to show how impacts to the stream buffer will be mitigated with
this proposal. The applicant also proposes to maintain the area of greenway south of Powell's Creek in
open space, as shown in the Crozet Master Plan and proposes to dedicate an area of greenway for a
trail in this location (Attachment G).
If the SP is approved, the applicant proposes to develop the portion of the property north of Powell's
Creek along with a few lots on TMP 55C -03-A1 fronting on Orchard Drive with a by -right development in
accordance with the existing R-6 zoning. The concept plan shows a mix of single family detached and
attached residential units at a proposed density of about 4 units/acre, or 81 units total. Prior to any
subdivision of the property the applicant will be required to submit a subdivision plat for staff to review,
which must comply with subdivision and zoning ordinance requirements prior to approval.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST
Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors
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shall reasonably consider the following factors when reviewing and acting upon an application for a
special use permit:
No substantial detriment. The proposed special use will not be a substantial detriment to
adjacent lots.
With fill in the floodplain requests, the effect on adjacent lots refers to the potential for flooding of
adjacent properties. The County Engineer has reviewed the proposal and concurs with the applicant's
conclusion that the construction of the proposed stream crossing will not result in an increase in the
100 -year flood elevation and will not detrimentally impact adjacent properties.
Character of district unchanged. The character of the district will not be changed by the
proposed special use.
The character of the Flood Hazard Overlay District will not be changed by the proposed changes to
the stream crossing design or SP conditions.
Harmony. The proposed special use will be in harmony with the purpose and intent of this
chapter,
The proposed special use permit will remain in harmony with the purpose and intent of the Flood
Hazard Overlay District chapter which is to prevent the loss of life and property, the creation of health
and safety hazards, the disruption of commerce and governmental services, the extraordinary and
unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax
base. These purposes are expected to be accomplished through the following measures: (i) regulating
uses, activities, and development which, alone or in combination with other existing or future uses,
activities, and development, will cause unacceptable increases in flood heights, velocities, and
frequencies; (ii) restricting or prohibiting certain uses, activities, and development from locating within
areas subject to flooding; (iii) requiring all of those uses, activities, and developments that do occur in
areas subject to flooding to be protected or flood -proofed, or both, against flooding and flood damage;
and (iv) protecting individuals from buying land and structures which are unsuited for intended
purposes because of flood hazards. The chapter is also intended to address a local need for flood
insurance and to participate in the National Flood Insurance Program.
...with the uses permitted by right in the district
The proposed stream crossing will allow the property to be developed to its by -right potential of R-6
Residential.
...with the re_gulations provided in section 5 as applicable,
There are no supplemental regulations in section 5 applicable to this use.
...and with the public health, safety and __general welfare.
With regard to future flooding, the public health, safety and general welfare is not expected to be
impacted by the stream crossing. There may be impacts to the stream and environmental features
associated with this stream; however, the proposed mitigation measures are expected to lessen the
impacts of the crossing and development and the mitigation measure of removing the dam may result
in an improvement to the condition of the stream bank in this area.
The applicant has also offered to provide a dedication of greenway to the County of an area south of
Powell's Creek. This is consistent with an area of greenway as shown on the Crozet Master Plan.
Parks and Recreation staff have reviewed this request and have expressed interest in a greenway trail
in this location and is supportive of the dedication. Dedication of the land or an easement over the
greenway will help to mitigate impacts of the stream crossing by ensuring this area of greenway within
the stream buffer and flood hazard overlay are protected in perpetuity.
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Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive
Plan.
The Crozet Master Plan designates the portion of this property north of Powell's Creek as
Neighborhood Density Residential, which calls for a density of 3-6 units per acre in the areas that are
shown in the yellow color on the Master Plan (Attachment H). Part of the property is shown in green
which is designated as Parks and Green Systems, representing floodplain, steep slopes and stream
buffer. No density is expected in areas with this designation.
With regard to the stream crossing, the provision of interconnected streets and transportation
networks is one of the principles of the Neighborhood Model and is an important strategy within the
Development Areas Chapter of the Comprehensive Plan. The proposed stream crossing will provide a
connection that will help provide alternative routes for vehicles, bicyclists and pedestrians and will
provide a more direct link to downtown Crozet for residents in the area.
However, the Comp Plan expects us to strike a balance between the frequency of stream crossings
and the potential effects that the crossing may have on stream banks, riparian habitats and the stream
itself. The Comp Plan further states that the Master Planning process should be used to determine
which streams will ultimately be crossed for interconnections and which streams should be avoided.
The Crozet Master Plan does not show a stream crossing in this location and shows conceptual
streets through adjacent properties to the east connecting to Blue Ridge Avenue.
This sets up a challenge for the applicant because unless the stream crossing and connection to
Orchard Drive is provided, per the previous SP conditions, then the property cannot be developed.
The alternative to constructing the stream crossing would be to amend the previous special use permit
condition requiring the connection to Orchard Drive. But the applicant would likely still face obstacles
with the development of this property even if this condition were removed. A second connection in
some location would still be required for the property to develop further, per the requirements of the
Fire Code stating that a second point of access be provided for more than 30 single-family units. In
order to meet this requirement, the developer would need either to provide the stream crossing or
acquire necessary right-of-way through adjacent properties to the east and provide a connection to
Blue Ridge Avenue.
The applicant has stated that they were not able to come to an agreement with the adjacent property
owner to acquire sufficient right-of-way to construct a road connection to Blue Ridge Avenue as
shown in the Master Plan, leaving the stream crossing as the only viable alternative for the property to
develop at this time. The applicant is left with the choice of waiting until the owner of the adjacent
property is ready to provide access or to ask to build the connector road as required by the previous
SP.
Staff acknowledges that this development could be premature because the proposed road
connections and new road are not consistent with the Master Plan and the argument could be made
that the development should not occur until the right-of-way needed for the connection shown in the
Master Plan can be provided. The Planning Commission could recommend denial of the special use
permit for the stream crossing based on this connection not being shown in the Master Plan.
It should be noted the connection shown in the Master Plan, east to Blue Ridge Avenue would put
further strain on a currently deficient roadway. Blue Ridge Avenue is a public road that was built prior
to current road standards and was not designed to carry a large volume of traffic. The road width and
slope could pose safety concerns with the additional traffic load. The capacity of Blue Ridge Avenue is
likely to be stretched further in the near future by the proposed by -right development of The Vue,
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which will add 126 units to Blue Ridge Avenue. No public improvements to Blue Ridge Avenue are
proposed in the Six Year Transportation Plan nor are upgrades shown within the Crozet Master Plan.
Staff has grappled with the pros and cons of this project (Attachment 1) and is of the opinion that the
connection onto Orchard Drive might be a better location for a roadway connection for a development
of this size because Orchard Drive can more safely handle the additional traffic load. Further, the
location of this connection would be less impactful to existing neighborhoods with vehicles having to
travel just a short distance on Orchard Drive before intersecting with Jarmins Gap Road. For this
reason, and because approval would address conditions of SP1 990-103, staff is recommending
approval of this SP request, with conditions as outlined below.
Staff is recommending a condition that the development of the property not exceed the net density as
recommended by the Master Plan. This would mean that land designated as Parks and Green
Systems would not be included in the calculation of density. Staff is also recommending a condition
that residential lots be kept out of the stream buffer, preserved slopes and flood hazard overlay,
except that lots may be permitted to be located within the landward 10 feet of the 100 foot stream
buffer if the lots are adjacent to stormwater management facilities located within the buffer. These
conditions will not only help ensure the property is developed in accordance with the Master Plan but
will help mitigate the impacts of the fill in the floodplain by limiting the developable acreage to land
outside of sensitive environmental features such as the stream buffer and preserved slopes. Staff is
also recommending a condition that, at a minimum, an easement be provided for a greenway trail as
shown on the concept plan. This will further mitigate impacts of the stream crossing by ensuring this
area of greenway within the stream buffer is protected in perpetuity.
If the Commission is to recommend denial of this SP for the stream crossing, it should be
acknowledged that if and when a connection to Blue Ridge Avenue, as shown in the Master Plan is
able to be provided, that the County may need to commit public funding towards upgrades for Blue
Ridge Avenue to improve the safety and capacity of the roadway. The previous SP from 1990 would
also need to be amended to remove the condition requiring the connection to Orchard Drive before
this can occur.
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The proposed stream crossing will not cause any rise in the base floodplain elevation.
2. The stream crossing will allow development of the property consistent with the Crozet Master
Plan.
3. The applicants are proposing a greenway trail dedication in an area identified for greenway
within the Crozet Master Plan, which will help ensure preservation of the stream buffer.
4. The stream crossing in this location promotes interconnectivity and disperses traffic onto a road
system that is able to handle the additional traffic load.
Factors unfavorable to this request include:
1. The Crozet Master Plan does not identify a road with a stream crossing in this location and the
Comprehensive Plan recommends that roads with stream crossings only occur in areas shown in
the Master Plans.
2. The stream crossing will impact environmental features such as the floodplain, stream buffer and
preserved slopes; however proposed mitigation measures will help alleviate these impacts.
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RECOMMENDED ACTION:
Based on the findings described in this staff report and factors identified as favorable, staff recommends
approval of the SP amendment, SP 2016-03 West Glen, with the following conditions:
1. The culverts under Cling Lane Extended shall be in general accord with the attached drawing
titled "Special Use Permit Plans for West Glen Subdivision" prepared by Dominion Engineering
with a revision date of June 3, 2016. To be in general accord with the plan, development shall
reflect the general size, arrangement, and location of the culverts, as well as maintaining no
increase of the 100 year flood elevation outside of the West Glen Subdivision property.
Modifications to the plan, which do not conflict with the elements above may be approved subject
to the review and approval of the County Engineer
2. Prior to final road plan approval or permitting of a land disturbance in the floodplain, the applicant
shall obtain from the Federal Emergency Management Agency (FEMA) a conditional letter of map
revision (CLOMR, or CLOMA), and prior to road acceptance the applicant shall obtain from FEMA
a letter of map revision (LOMR or LOMA). In addition, the applicant shall copy the County
Engineer on all correspondence with FEMA. Construction and installation of the culverts shall be
in compliance with approved road plans and FEMA approved CLOMR or CLOMA.
3. Any residential lots and associated streets resulting from the subdivision of the property, with the
exception of the stream crossing and roadway identified on the attached plan as Cling Lane
Extended, shall be located outside of the 100 foot stream buffer, Flood Hazard Overlay and
preserved slopes on the property. Lots may be permitted to be located within the landward 10
feet of the 100 foot stream buffer only if the lots are adjacent to approved stormwater
management facilities located within the landward 50 feet of the stream buffer. Approval of lots
located within the stream buffer shall be subject Subdivision Agent approval.
4. The net density of the property shall not exceed 6 units per acre, in accordance with the Crozet
Master Plan. Net density shall be calculated by subtracting the area within the Flood Hazard
Overlay District, the100 foot stream buffer and areas of preserved slopes from the total acreage
of the property.
5. Prior to issuance of a grading permit to allow installation of the stream crossing or with submittal
of the final subdivision plat, whichever comes first, the applicant shall submit an easement plat
dedicating to the county the area identified for a greenway trail on the attached plan.
6. If the construction of the stream crossing for which this Special Use Permit is issued is not
commenced by [insert date 5 years after the date the County Board approval of the Special Use
Permit], the permit shall be deemed abandoned and the authority granted there under shall
thereupon terminate.
MOTIONS:
A. Should the Planning Commission choose to recommend approval of this special use permit:
I move to recommend approval of SP 2016-03 West Glen with the conditions outlined in the staff
report.
B. Should the Planning Commission choose to recommend denial of this special use permit:
I move to recommend denial of SP 2016-03 West Glen (state reasons for denial).
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ATTACHMENTS
A — Location map
B — Zoning map
C — SP1 990-103 Approval and conditions
D — Engineering comments
E — Concept plan
F — Army Corps of Engineering correspondence
G — Project narrative
H — Master Plan land use
I — Pros and cons list
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