ALBEMARLE COUNTY PLANNING

STAFF REPORT SUMMARY

Project Name: SDP 2009-00009 Arden Place:
Critical slopes waiver, buffer disturbance
waiver, waiver of section 32.7.2.4 and action on
the preliminary site plan.
Planning Commission Public Hearing:
June 23, 2009
Owners: Charlottesville Realty Corporation
Staff: Gerald Gatobu, Principal Planner, Amy
Pflaum Senior Engineer
Board of Supervisors Hearing:
N/A
Applicant: Coleway Development, LLC

Acreage: 19.03 , [11.35 acres for the R15 Rezone from: Not applicable
portion]
Special Use Permit for: Not applicable
TMP: Tax Map 61, Parcel 124 By-right use: R15 Residential and EC, Entrance
Location: Rio Road East [State Route #631], Corridor Overlay
about 900 feet from the intersection of Rio Road
East [State Route #631] and Seminole Trail [State
Route #29].
Magisterial District: Rio Proffers/Conditions: No
Requested # of Dwelling Units/Lots: N/A DA - X RA -
Proposal: Request for preliminary site plan Comp. Plan Designation: Community Service in
approval for a 206 unit multifamily residential Urban Area 2
apartment complex with a club house on the R15
residential zoned portion of Tax Map 61 Parcel
124 which consists of 11.35 acres. Associated
waivers include section 4.2 (critical slopes) and
section 21.7.c (disturbance of a buffer zone
adjacent to a residential district) and waiver of
section 32.7.2.4 to limit access to pedestrian
access only.

Character of Property: Use of Surrounding Properties:

The property is wooded and undeveloped. Multi -family Residential Homes, Albemarle
Square Shopping Center, and Woodbrook
Subdivision single family homes.
Factors Favorable: See Report Factors Unfavorable: See Report
Recommendations:
Waiver of Section 4.2 – disturbance of critical slopes - Staff recommends approval of the critical
slopes waiver.
Waiver of Section 21.7.c - buffer zone adjacent to residential and rural area districts - Staff
recommends approval of the buffer disturbance waiver.
Waiver of section 32.7.2.4:- Second Point of Access. Limit proposed Woodbrook Subdivision
access to a pedestrian access only.
Preliminary Site Plan review: Staff recommends approval of the preliminary site plan.

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STAFF CONTACT: Gerald Gatobu; Amy Pflaum

PLANNING COMMISSION: June 23, 2009

AGENDA TITLE: SDP 09-00009: Arden Place Preliminary Site Plan

PROPERTY OWNER: Charlottesville Realty Corporation

APPLICANT: Coleway Development, LLC

PROPOSAL:

Request for preliminary site plan approval for a 206 unit multifamily residential apartment
complex with a club house on the R15 residential zoned portion of Tax Map 61 Parcel 124 which
consists of 11.35 acres. Associated waivers include section 4.2 (critical slopes) and section
21.7.c (disturbance of a buffer zone adjacent to a residential district) The property, described
as Tax Map 61, Parcel 124 is 11.35 acres in size, is located in the Rio magisterial district and is
zoned R15 Residential and EC entrance corridor. (Attachment B)

COMPREHENSIVE PLAN:

The Comprehensive Plan designates this property as Community Service in Urban Area 2.

CHARACTER OF THE AREA:

This property is located on Rio Road East (State Route #631), about 900 feet from the
intersection of Rio Road East (State Route 631) and Seminole Trail (State Route #29). Currently,
there is no active use of the subject property. The surrounding area is developed with commercial
uses (Albemarle Square), affordable multifamily housing and the Woodbrook single family
subdivision (Attachment B).

STAFF COMMENT:

CRITICAL SLOPES WAIVER

The proposed facility will require the disturbance of critical slopes. A modification to allow
critical slopes disturbance is necessary before the site plan can be approved by the Planning
Commission. 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.
The critical slopes in the area of this request appear to be man-made. Staff has reviewed this
waiver request with consideration for the concerns that are set forth in Section 4.2 of the Zoning
Ordinance, entitled “Critical Slopes.” These concerns have been addressed directly through the
analysis provided herein, which is presented in two parts, based on the Section of the Ordinance
each pertains to.

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Section 4.2.5(a)

Review of the request by Current Development Engineering staff:

Description of critical slope area and proposed disturbance:

The request for a waiver to develop on areas of critical slope for grading incorporated with
proposed development on TMP 61-124 was received on 1 June 2009. The existing critical slopes
and proposed grading are shown on the Preliminary Site Plan dated 1 June 2009.

The critical slope areas within TMP 61-124 contain both natural and presumably manmade
critical slope areas.

Disturbance to the slopes impacted in the construction of the roads from Putt Putt Place and the
Woodbrook Subdivision stub-out to the development are exempt from the requirement of a
waiver under Section 18-4.2.6.c for accessways. The remainder of the critical slopes disturbance
is for the construction of the Clubhouse and adjacent parking. This is in the area of the
presumable manmade critical slopes.

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”: The areas of critical slope
disturbance are slim bands of what is presumed to be a fill area from the construction
of the mall. Large scale movement of soil and rock is not anticipated to occur as a
result of this construction.
2. “excessive stormwater run-off”: Conceptual stormwater management, as shown on
the preliminary site plan will be refined prior to Current Development engineering
approval of the final site plan. Excessive stormwater run-off is not expected to occur.
3. “siltation of natural and man-made bodies of water”: The applicant will submit an
Erosion and Sediment Control Plan with the Final Site Plan which will be reviewed
for County and State compliance. Proposed E&S measures are anticipated to reduce
sediment-laden runoff from leaving the site. Inspection and bonding by the County
will monitor maintenance of the erosion control facilities during construction. Proper
stabilization and maintenance will achieve long term stability.

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 4. “loss of aesthetic resource”: The disturbance of the existing critical slopes with this
development involves the removal of existing vegetation.
5. “septic effluent”: The existing subdivision is served by public sewer and there are
no septic drainfields within the area of this disturbance.

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.

Review of the request by Current Development Planning staff:

Summary of review of modification of Section 4.2:

Section 4.2.5 establishes the review process and criteria for granting a waiver of Section 4.2.3.
The preceding comments by staff address the provisions of Section 4.2.5(a). Staff has included
the provisions of Section 4.2.5(b) here, along with staff comment on the various provisions.
The commission may modify or waive any requirement of section 4.2 in a particular case upon
finding that:
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)

Strict application of the requirements of section 4.2 would require the relocating of the
proposed pool house and adjacent parking. The applicant would have to redesign the
apartment complex and change the proposed layout. This would not forward the purposes
of this chapter or otherwise serve the public, health, safety, or welfare. There are no
alternatives proposed by the developer that would satisfy the purposes of section 4.2 to at
least an equivalent degree.

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)

Requirements of section 4.2 would not prohibit or unreasonably restrict the use of the
property. As indicated above, requirements of section 4.2 would force the applicant to
redesign the apartment complex and change the proposed layout. .Adjacent properties
will not be impacted by the pool house; therefore, there shall be not detrimental effects to
public health, safety, and welfare. Approving the waiver would not be detrimental to the
orderly development of the area.

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 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)

Granting the waiver would serve a public purpose of greater import. Granting the waiver
will allow the construction of an apartment complex on the R15 portion of the property.
However, the public purpose served (availability of market rate apartment units), needs to
be weighed heavily against the traffic impacts generated at Rio Road (Route 631) and
Putt Putt Place/Rio Hill Drive.

RECOMMENDATION:

Staff recommends approval of the critical slopes waiver.

21.7(c) buffer zone adjacent to residential and rural area

Section 18-21.7.c.1 provides that a 20’ undisturbed buffer is required between commercial and
residential uses, however, the Planning Commission may waive the prohibition of construction
activity, grading, or the clearing of vegetation in the buffer if the provisions of Section 21.7.c.1
are satisfied.

[Section 21.7.c] Buffer 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 any residential or rural areas district.
Screening shall be provided as required in section 32.7.9. (Amended 9-9-92)

[Section 21.7.c.1] Waiver by the commission. The commission may waiver

the prohibition of construction activity, grading or the clearing of vegetation
in the buffer in a particular case where the developer or subdivider
demonstrates that grading or clearing is necessary or would result in an
improved site design, provided that: (i) minimum screening requirements are
met; and (ii) existing landscaping in excess of minimum requirements is
restored. (Added 7-10-85)

DISCUSSION
The parcel adjacent to the area of disturbance is zoned C1 Commercial, therefore, a 20 foot
undisturbed buffer is required between the C1 Commercial zoned property and the R15 zoned
property. Staff has reviewed the buffer waiver request in light of Ordinance requirements:

[Section 21.7.c.1] Waiver by the commission. The commission may waiver

the prohibition of construction activity, grading or the clearing of vegetation
in the buffer in a particular case where the developer or subdivider
demonstrates that grading or clearing is necessary or would result in an
improved site design, provided that:

(i) minimum screening requirements are met; and

(ii) existing landscaping in excess of minimum requirements
is restored. (Added 7-10-85)

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i.) Minimum screening requirements are met:

The applicant in his waiver justification has expressed that the primary access road connecting
the development with Putt Putt Place/Rio Hill Drive must cross through the commercial portion
of the property to create a public street access for the residential portion of the property. The road
is necessary and required, and cannot be routed through another location that would avoid
disturbance of the commercial buffer area. The applicant has agreed to provide ample landscape
screening to satisfy ordinance screening requirements.

ii.) Existing landscaping in excess of minimum requirements is restored

Architectural Review Board staff has reviewed the preliminary site plan and will be working
with current development staff to make sure that the entire 50 foot buffer/setback is landscaped
in excess of the minimum requirements.

SUMMARY OF STAFF REVIEW:

Staff review has resulted in favorable findings:

Favorable factors:
1. The applicant has agreed to screen the buffer per the requirements of Section 32.7.9.8.
2. No alternative location exists for road access to the residential portion of Tax Map 61 and
Parcel 124.

Unfavorable factors:
1. None

RECOMMENDED ACTION:

Staff recommends approval of the 20 foot buffer disturbance waiver.

Review of the Preliminary Site Plan:

BACKGROUND: The preliminary site plan has been called up for planning commission review
by the site plan and subdivision agent. The preliminary site plan has been reviewed by the Site
Review Committee. Staff’s analysis of pertinent issues is as follows:

WAIVER OF SECTION 32.7.2.4 [Second Point of Access]

32.7.2.4 For a development of fifty (50) or more dwelling units, reasonably direct vehicular
access shall be provided from all residential units to two (2) public street connections. The
foregoing notwithstanding, the commission for any scale of residential development may
require two (2) points of access to a public street where such access is deemed warranted
due to the character of the residents of such development including but not limited to the
elderly, handicapped and developmentally disabled. (Added 5-1-87)

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32.3.10. a The commission may modify, waive, or accept substitution for any requirement of
section 32.7 in a particular case upon a finding that requiring such improvement would not
forward the purposes of this chapter or otherwise serve the public health, safety or welfare; or
in the case of substitution, that such alternative would satisfy the purpose of this chapter to at
least an equivalent degree as the required improvement.

Per section 32.7.2.4 of the Zoning Ordinance, a multi-family development with 50 or more units
must have two connection points to public streets. The two public streets that offer connection
potential for the Arden Place development are Rio Road East to the south and Idlewood Drive in
the Woodbrook subdivision to the north.

The applicant has asked for a waiver of section 32.7.2.4 to limit the proposed Woodbrook
Subdivision access to a pedestrian access only (Attachment C). To meet the requirements of the
ordinance [32.7.2.4] a second connection point is proposed through the Woodbrook Subdivision
to the north of Arden Place. A platted public right-of-way exists in this location, connecting the
Arden Place property to the existing public streets within Woodbrook. The conceptual design of
a travelway from Arden Place to this platted right-of-way appears to meet the standards of the
ordinance for width and slope [per 18-12.17.a]. The streets in Woodbrook are public streets,
approved and maintained by VDOT. It appears that this intersection will satisfy the ordinance for
safe and convenient ingress and egress to a public street [32.7.2]. Also, this connection will help
alleviate impacts to the Rio/29 intersection by providing Arden Place residents the ability to
reach northbound Rte 29 and the Woodbrook Elementary School without having to utilize Rio
Road. It will not, however, provide relief for the left-turning movement from Putt-Putt Place to
Rio Road. Also, it is possible that vehicles from outside of Arden Place (neighboring residential
complexes and businesses, and even from Rio Road) may utilize this connection as a “cut-
through” to access Rte 29 N. Residents in the Woodbrook Subdivision are concerned over the
increase in traffic this connection could create within their neighborhood. Because of this, the
Arden Place developer is seeking a waiver of Section 32.7.2.4, and proposing to construct this
travelway for pedestrians.

The applicant has negotiated with the owners of Albemarle Square in an attempt to obtain access
to and from the site via the shopping center traffic light at Albemarle Square. Those negotiations
have been unsuccessful so a second point of access thru Albemarle Square is not possible at this
time. However, the applicant has designed the travelways within Arden Place in such a way as to
allow for a possible connection to Albemarle Square in the future.

SUMMARY OF STAFF REVIEW:

Staff recommends approval of the waiver of section 32.7.2.4. The proposed access to the
Woodbrook subdivision should be limited to pedestrian access only.

OFF SITE TRAFFIC IMPACTS.

Current Development Engineering Discussion of Arden Place Access Points

Based on the Traffic Impact Analysis submitted for this project, the proposed 206 units are
anticipated to significantly increase the delay time of the southbound left turning movement from
Putt Putt to Rio. This delay, however, does not result in a signal warrant at this intersection, and
therefore VDOT will not allow the installation of a signal at this time. Without a signal, and
anticipating normal growth as well as the addition of the Arden Place development, in

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approximately 5 years the expected delay for a vehicle attempting to turn left from Putt Putt
Place onto Rio Road East will be over 19 minutes. Without the Arden Place development, this
delay would be 7.3 minutes. Staff finds that with delay times of this magnitude, safe and
convenient egress [32.7.2] is not provided for would-be residents seeking to go west on Rio
Road East. However, Arden Place has minimal impacts on the other turning movements at this
intersection.

The Traffic Impact Analysis also shows impacts to already-failing intersection movements at Rt.
29 and Rio Road. The most direct impact appears to be to the southbound lefts onto Rio, and the
westbound rights onto Rt.29. The access to Rio Road is via existing Putt Putt Place, a private
street. There is concern that the current street section of Putt Putt is inadequate to carry the total
amount of traffic projected for it, including the increase from the Arden Place apartments. The
Arden Place developer has agreed to construct necessary improvements to Putt Putt Place to
make it adequate for the projected traffic. A note has been added to the preliminary site plan
stating this intent.

Impacted traffic movements are shown as red arrows on the Arden Connections Diagram shown
below (page 9). Blue arrows indicate proposed and potential connection points to public streets.
To provide a safer and more convenient access to Rio Road, the applicant has explored an
additional connection point through the Albemarle Square shopping center. This would connect
in the area near the old Circuit City building and provide access to Rio Road via the existing
traffic signal shared by the mall’s north access. The Traffic Impact Analysis shows that this
connection will provide relief for the left turning movement from Putt-Putt Place onto Rio,
reducing the delay time for left turns from 19 to 5 minutes. It will also allow Arden Place
residents to enter heavily travelled Rio Road at a signalized intersection. The left-turn delay time
at the Albemarle Square signal does not exceed 1 minute. This connection will do little to
mitigate the increased traffic at the Rio/29 intersection. Although, vehicles seeking 29 N may
choose to travel through the shopping center for such access, rather than utilizing Rio Road. This
connection is desirable in that it will provide direct access for Arden Place and neighboring
residential complexes to a shopping center, without the need to use Rio Road. The applicant has
diligently pursued this connection with the Albemarle Square property owner, has designed it,
and is prepared to construct as much of it as possible until an agreement for full construction can
be reached.

The Woodbrook connection allows vehicles to access 29 N without adding to delays at the
29/Rio intersection, but the Albemarle Square connection also has this potential. Current
Development Engineering concludes that the connection at Albemarle Square, in addition to the
Putt Putt Place and Rio Road intersection, best addresses safe and convenient access to a public
street for the Arden Place development. The connection to Woodbrook should, at a minimum,
accommodate pedestrians, bicycles and emergency vehicles. Traffic impacts identified in this
case are off-site impacts that have no relevance to section 32.7.2 or any other site plan
regulations.

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15.4.2 DEVELOPMENT STANDARDS (Open space dedication to the County for a density
increase)

Several months ago, the applicant requested that the County consider acceptance of open space
that would contain a walking path to connect from the property owned by the County to the east
of the site to Rio Road. Staff consulted the Comprehensive Plan about whether a greenway was
proposed at this location. One was not recommended specifically at this location; however
Planning spoke with the Parks and Recreation department to see whether this was a path that
could or should become public. Parks and Recreation commented that it would not be a path that
they saw as critical to the Greenway system and did not desire that they be responsible for
maintenance.

The applicant then told Planning staff that they desired the density bonus and would like to
pursue it either with the open space dedication or through affordable housing. Planning asked
Ron White whether he had a preference for a complex with more affordable housing at this
location using a density bonus. Ron White commented that while affordable housing is desirable
everywhere, an abundance of affordable housing in one spot was not in keeping with the
Comprehensive Plan. There are two other affordable housing complexes nearby, with one being
adjacent to the property in question. He did not recommend that the applicant use the density
bonus for affordable housing at this location.

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Planning then looked at the issue of how well the comprehensive plan goals were achieved with
a dedication of open space, and concluded that the open space would connect two public areas --
County owned parkland with Rio Road as well as provide for a pedestrian interconnection. These
goals are in keeping with the Comprehensive Plan. Planning staff then asked General Services
whether they would be able to maintain this path. General Services said that they could request
maintenance money in their budget, provided that the Board approved the open space dedication.
They also asked for the most low-maintenance path possible. Planning staff then told current
development and the applicant that, with changes to the site plan where open space was proposed
for dedication, Planning could recommend acceptance of the open space for a density bonus,
provided the site plan could be approved.

In looking at the latest site plan, it appears that the open space offered is not exactly what was
recommended by planning staff. Staff asked that the area on either side of the path described
above be all that would be dedicated to the County. The open space shown on the site plan
contains area that would be more likely considered by the residents to be part of the apartment
complex than County property. The applicant offered to build the path to whatever County
specification the County wanted.

Planning staff still believes that dedicated open space with a path is a positive feature. If the
Board believes that the impact of the development on transportation is too great using the density
bonus, they should not approve the bonus. However, if the applicant pursues an affordable
housing bonus and the density is the same as that proposed with the open space, the Board's
action will not accomplish what was intended.

For dedication of land to public use not otherwise required by law, density may be increased as
follows: The acreage of the land dedicated and accepted shall be multiplied by twice the gross
density standard level, and the resulting number of dwellings may be added to the site, provided
that the density increase shall not exceed fifteen (15) percent. The dedication shall be accepted
by the board of supervisors prior to final approval. For provision of road improvements to
secondary or primary roads not otherwise required by this ordinance or Chapter 14 of the Code
of Albemarle, a density increase up to twenty (20) percent shall be granted, to be agreed upon by
the commission and the applicant, based upon the relative need for transportation improvements
in the area. The need for such improvements shall be established by the Virginia Department of
Highways and Transportation. (Amended 8-14- 85)

Section 32.7.2.8 requires the provision of pedestrian access. The applicant is providing this.
The applicant is proposing that a public trail system be provided. This trail, along with the land
surrounding it would be dedicated to public use. The trail is on the western side of the
development and would link the residential development in the area to the commercial
development in the area. The applicant is requesting that a density bonus be granted for this
dedication. Staff is supportive of the trail system and its location. However, as part of the
dedication of the trail to public use the applicant is requesting increased density. Staff, based on
planning’s analysis recommends that a density increase be given for the dedication of the trail.
The Planning Commission should, as a separate action, provide a recommendation to the Board.
This recommendation will be presented to the Board when they consider accepting any
dedication and approving any density increase.

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SUMMARY OF STAFF REVIEW:

Staff recommends approval of the preliminary site plan.

ATTACHMENTS:

A. Site Plan
B. Vicinity Map
C. Applicant Justification Letters
D. ARB conditions
E. Critical Slopes for TMP 61-124
F. VDOT Correspondence
G. Places 29 Analysis

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