PRIVATE ALBEMARLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT

STAFF REPORT

 

Proposal:  SP 2009 -006 Kenridge

Staff:  Claudette Grant

Planning Commission Public Hearing:

July 21, 2009

Board of Supervisors Hearing:  To be determined.

Owners: Kenridge, LLC

Applicant: Kenridge, LLC

Acreage:  Approximately 2.06 acres

Special Use Permit for: Residential R-15 by special use permit in CO, Commercial Office districts.

TMP: TM: 60K P: 61 & A2

Location: Route 250 West across from Birdwood Golf Course (Attachments A & B)

By-right use: CO, Commercial Office - offices, supporting commercial and service uses; and residential use by special use permit  - 15 units/acre;

Section 23.2.2(9)  R-15 residential-15 units/acre of the Zoning Ordinance, which allow for residential uses.

Magisterial District: Samuel Miller

Conditions: Yes   EC: Yes

Proposal: Amendment to SP2004-52 to change the plan approved with the special use permit. Modification consists of revised location of access road and parking for the office building and the elimination of one of the single family attached units. Approved residential use remains unchanged. (Attachment C)

Approved # of Dwellings: 67

DA (Development Area): Neighborhood 7

Comp. Plan Designation: Office Service - office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) and Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5  unit/acre in development lots).

Character of Property: This development is currently under construction. Kenridge is made up primarily of newly constructed single family residences. The original manor house remains as a single family residence along with the original carriage house which provides an office use on the site.

Use of Surrounding Properties: Single and multi-family residences, office uses; Birdwood Golf course is located across the street.

Factors Favorable:

1.             The factors supporting approval of the

              original special use permit have not changed.

 

Factors Unfavorable:

None

RECOMMENDATION: Staff recommends approval of SP 2009-006, Kenridge provided the applicant makes minor revisions to the plan.

 

STAFF PERSON:                                                                  Claudette Grant

PLANNING COMMISSION:                                                  July 21, 2009

BOARD OF SUPERVISORS:                                              

 

SP2009-006: KENRIDGE

 

Petition:

PROJECT: SP200900006 Kenridge

PROPOSED: Amendment to SP2004-52 to change the plan approved with the special use permit. Modification consists of revised location for access road and parking for the commercial building and the elimination of one of the single family attached units. Approved uses remain unchanged.

ZONING CATEGORY/GENERAL USAGE: CO Commercial Office - offices, supporting commercial and service uses; and residential use by special use permit (15 units/acre)

SECTION: 23.2.2(9) R-15 residential-15 units/acre

COMPREHENSIVE PLAN LAND USE/DENSITY: Office Service - office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) and Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5  unit/acre in development lots) in Neighborhood 7.

ENTRANCE CORRIDOR: Yes

LOCATION: North side of Ivy Road (Route 250 West across from Birdwood Golf Course) Approximately 1/2 mile west of the intersection of Ivy Road and the 29/250 By-pass.

TAX MAP/PARCELS: 60K-61 & 60K-A2

MAGISTERIAL DISTRICT: Samuel Miller

 

Character of the Area and Adjoining properties:

Kenridge is currently under construction. This development is primarily made up of newly constructed residential units with the exception of the existing manor house, which is a single family residence, and a carriage house used for office purposes. Adjacent to the site on the east is the White Gables residential development which is also currently under construction and on the west side of Kenridge is a single family residence and business. The Birdwood Golf Course is located to the south and across Route 250. A rail line for the CSX railway is at the rear of the site.    

 

Specifics of Proposal                                                                                                                                         

The applicant would like approval for a change in the location of the access road and parking for the office building and elimination of a single family attached dwelling unit. The applicant has graded out an entrance and parking area for the office building that is in a different location than what is shown on the currently approved plan. The location of these elements was conditioned with SP2004-052. The applicant states that this new road was installed during construction in order to provide access to the office building from Marsh Lane while it was being used as the sales center for the project. The applicant also states that this new road was improved to county standards and drainage improvements were installed to collect any run-off from the roadway. This new road provided access to the building while the remaining portion of the site was under construction.  The applicant is now requesting approval of the newly relocated entrance and parking for the office building.

 

A portion of the road that curves around the office building and leads to a dead end is narrow and steep and would not be adequate for commercial use. The applicant has noted on the plan that this portion of the road will be eliminated, which will allow the site plan to be approved.

 

One of the proposed single family attached homes will also be eliminated with this revised plan. (See Attachment C)

 

Applicant’s Justification for the Request:

The applicant has stated that the new road will provide a better access to the existing office building that works with the topography of the site. The applicant has also stated that this change will lessen the extent of retaining walls that will be necessary. Since this access road has already been graded in, the developer would like to keep this connection as the new access and parking for the office building.

 

Planning and Zoning History

The history of the parcel is as follows: In 1980 this property was zoned CO, Commercial Office. This site was the former national headquarters for Kappa Sigma Fraternity and a non-profit foundation. The Planning Commission reviewed Kenridge in a December 14, 2004 work session. The Planning Commission then held a public hearing on March 29, 2005, where the applicant requested an indefinite deferral. On July 26, 2005, the Planning Commission held another public hearing and recommended denial of Kenridge for the following reasons: 1) internal parking, 2) storm water management 3) affordability issues, and 4) screening. Prior to the Board of Supervisors public hearing the applicant addressed outstanding issues and concerns from the Planning Commission public hearing and on October 5, 2005, the Board approved SP200400052 - Kenridge with seventeen (17) conditions. Following the special use permit approval several related site plans, subdivisions, and water protection ordinance items were processed and approved. (See Attachment D for Planning Commission and Board of Supervisors minutes)

 

Comprehensive Plan:

The Land Use Plan designates this area as Office Service in Neighborhood Seven (7). The Comprehensive Plan supports both residential and office uses in Office Service designated areas. 

 

A full Neighborhood Model Analysis was completed with the approved SP2004-052 and is still applicable for this amendment request. (See Attachment E for Neighborhood Model Analysis)

 

Staff Comment:

Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as follows:

Will the use be of substantial detriment to adjacent property?

Relocation of the road accessing the office building and parking for the office building will not be of substantial detriment to adjacent property. The proposed change is all internal to the site.

 

Will the character of the zoning district change with this use?

The character of the zoning district will not change with the relocation of the road and parking area to the office building. The residential use has already been approved in the zoning district.

 

Will the use be in harmony with the purpose and intent of the zoning ordinance?

The relocated road and parking area to the office building will be in harmony with the purpose and intent of the zoning ordinance. The relocated road and parking support a by-right use in the district.

 

Will the use be in harmony with the uses permitted by right in the district?

The relocated road and parking to the office building will be in harmony with the uses permitted by right in the district because these uses are by-right in the district.

 

Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?

There are no additional regulations.

 

Will the public health, safety and general welfare of the community be protected if the use is approved?

As previously discussed in this report, a portion of the new road that curves around the office building and leads to a dead end is narrow and steep and would not be adequate for commercial use. As requested by staff, the applicant has noted on the plan that this portion of the road will be eliminated upon site plan approval, which will allow the site plan to be approved. Otherwise, changing the location of the access road to the office building from that shown on the originally conditioned plan seems to be less obtrusive to the site. The location of the parking area for the office building is also changing; however, as shown on the revised plan, the number of spaces remains the same as the original plan (six (6) spaces) and the impact of the new location is no different than as originally shown. A condition of the special use permit addresses the need for an amendment if additional parking is required for the office use. (See Attachment C)   

 

Summary:

The purpose of this request is to amend Special Use Permit – SP2004-052. The applicant graded in a road and parking to the office building during construction of a portion of Kenridge. At the time the office building was being used as a sales center for the development. The location of the graded in road and parking area was not shown on the approved plan. The applicant is now requesting approval of this location for the access road and parking to the office building instead of the approved access road and parking to the office building that is shown on the approved plan.    

 

Staff finds the following factors favorable to this request: 

            1.         The factors supporting approval of the original special use permit have not changed.

 

Staff finds no factors unfavorable to this request.

 

Recommended Action:

Before this request goes to the Board of Supervisors, staff has requested that the applicant make minor revisions to the plan that include things like labeling the setback lines, railroad, the housing types with locations, etc. These were shown on the original approved plan, which the applicant submitted as part of the revised plans. Staff has recently made this request of the applicant in order to avoid confusion.

 

Staff recommends conditional approval of SP 2009-006, Kenridge provided the applicant makes minor revisions to the conceptual plan prior to submitting the plan for the Board of Supervisors public hearing.

The conditions are the same as the ones previously approved, except for the plan.

 

1.                   The approved final site plan shall be in general accord with the revised Conceptual Plan prepared by Collins Engineering McKee Carson, dated June 16, 2005 March 16, 2009 revision To be determined: 2009 (“Conceptual Plan”). (See Attachment). Parking for the office use shall be limited to the area and number of spaces shown on the Conceptual Plan. If additional parking is required for the office use, an amendment of this special permit shall be required;

2.                   There shall be a minimum front yard of two hundred seventy five (275) feet between the southern-most structure (the “Main House”) and the property line adjacent to Route 250 as shown on the Conceptual Plan; side and rear yards shall be as shown on the Conceptual Plan;

3.                   All streets on the property connecting to adjacent properties as shown on the Conceptual Plan shall be constructed by the applicant to an urban section with the intent that such streets on the property connecting to adjacent properties will be built to a standard consistent with the connecting street on the White Gables property. All streets and pedestrian accesses shall be constructed to a standard acceptable to the County Engineer in accordance with the highlighted sections of Attachment A, revised and dated August 30, 2005 and initialed as CTG;

4.                   The connecting road extending from the former ITT property (Tax Map 60, Parcel 28) and across the Kenridge property to its entrance at Ivy Road, as shown on the Conceptual Plan, shall be established as a private street in conjunction with the final subdivision plat or site plan. As a condition of final subdivision plat or site plan approval, the applicant shall grant all easements deemed necessary by the Director of Community Development to assure the public's right to use the connecting road for purposes of ingress to and egress from Tax Map 60, Parcel 28;

5.                   The applicant shall comply with all requirements of the VDOT related to design and construction of the entrance to the property, as shown on the Conceptual Plan, and shall pay its pro rata share of the cost for signalization of this infrastructure contributed by traffic from the development as follows:

(a)                 Prior to the issuance of a building permit, the applicant shall place funds in escrow or provide other security (“security”) acceptable to the County in an amount equal to its pro rata share of the cost of the signal which amount shall be calculated by the Director of Community Development in the year in which the security is provided. The security shall continue so that it is available to pay for the cost of the signal until ten (10) years after the date of approval of this special use permit; security provided that is not in an interest-bearing account shall be annually renewed, and the amount of the security shall be adjusted each year according to the consumer price index, as determined by the Director of Community Development; and

(b)                 If, at any time until ten (10) years after the date of approval of this special use permit, VDOT authorizes in writing the installation of the signal, and VDOT and the County’s Engineer approve the signal’s installation before the applicant has obtained a building permit, the County may demand payment of the applicant’s pro rata share of the cost of the traffic signal, and the applicant shall pay its pro rata share of the cost to the County within thirty (30) days of that demand.

6.                   Screening adjacent to the railroad right-of-way and along the west and east sides of the project shall be provided and maintained as depicted on the Conceptual Diagram of Perimeter Screen and Privacy Planting, dated May 12, 2005, by Charles J. Stick, attached as Attachment B. The continuous evergreen trees noted as Leyland Cypress Hedge along the north, east and west sides of the project shall be installed at ten (10) feet to twelve (12) feet in height after lot grading but prior to issuance of a building permit for any dwelling unit construction. The Leyland Cypress Hedge also shall be planted on eight (8) foot centers. Underground irrigation shall be provided for all the planting areas. Screening deemed acceptable to the Director of Community Development shall be provided adjacent to the railroad to mitigate the impact of this development on adjacent property and the impact of the railroad on this development;

7.                   Prior to any alteration or demolition of any building, a reconnaissance level documentation to include black and white photographs and a brief architectural description shall be provided to the satisfaction of the County's Historic Preservation Planner;

8.                   Regardless of the ownership of the open space and amenities, they shall be made available for use by all residential and commercial units in the development;

9.                   Except for those attached single family buildings located in Zone (A) the exteriors of blocks of attached single family buildings shall be either red brick, or white painted brick, with gable roofs. The exteriors of attached single family buildings in Zone (A) shall be red brick with gable roofs. The features in Zone (A) shall be reviewed and approved by the ARB during its review of the site plan for these buildings. The exteriors of detached residences shall be either red brick or painted white brick. These materials shall be reviewed and approved by the Design Planner before the issuance of a building permit for the buildings (See Attachment C);

10.               Exterior roof surfaces shall be constructed of either copper or synthetic slate;

11.               The new villa and town home units shall include garden improvements, generally as depicted on the Front Garden Diagram, dated August 24, 2005, by Charles J. Stick, Landscape Architect. (See Attachment D). Maintenance of these areas shall be provided for and required by the Homeowner’s Association which shall be set forth in the Covenants for this development. The decorative walls, steps and walks shall be constructed of either brick or stone;

12.               To ensure the retention of the majority of the existing trees in the two hundred seventy-five (275) foot front yard setback described in Condition 2 (located between the main house and the Route 250 West Entrance Corridor), the applicant shall submit for review and approval by the County’s Design Planner a tree conservation plan prepared by a state certified arborist that meets the requirements of Section 32.7.9.4 of the Zoning Ordinance. This plan shall be required for all erosion and sediment control plans, site plans, and subdivision plats;

13.               The site wall immediately adjacent to Route 250 West shall be included on all drawings that include its context. All grading, road alignments, turning lanes, and other improvements shall be adjusted to insure that impacts to the wall only include closing the existing entrance and adding a single entrance. Notes shall be included on the grading, site plans and subdivision plats that state: “The existing site wall shall remain. Disturbance shall be limited to the closure of the existing entrance and the opening of the proposed entrance into the site." Any changes to the wall shall be minimal and articulated to blend with the character of the existing wall to the satisfaction of the Architectural Review Board. Prior to the issuance of any building permits in the final block, the stone pillars shall be replaced at the new entrance from Route 250;

14.               The design of all single family detached residences, including but not limited to colors, roofing, siding and foundation material selections, shall be coordinated with the Architectural Review Board-approved designs of the attached residential units, as determined by the Design Planner;

15.               The owner agrees to voluntarily contribute a sum of three thousand dollars ($3,000) cash per new dwelling unit to the County for funding affordable housing programs [including the Housing Trust Fund]. The cash contribution shall be paid at the time of the issuance of the Building Permit for such new unit. The acceptance of this special use permit by the owner shall obligate the owner to make this contribution;

16.               Pedestrian access deemed acceptable by the Director of Community Development shall be provided to the Manor Home and the Carriage House; and

17.              With the exception of the entrance road, all streets within the development shall conform to the neighborhood model matrix deemed appropriate by the Director of Community Development.

 

 

ATTACHMENTS

Attachment A – Tax Map

Attachment B – Vicinity Map

Attachment C – Kenridge Special Use Permit Amendment Plan, dated March 16, 2009, revised 6-24-09

Attachment D – Planning Commission Minutes dated July 26, 2005 and Board of Supervisors minutes dated October 5, 2005                                           

Attachment E – Planning Commission Staff Report dated March 29, 2005

Attachment F – Board of Supervisors’ Action letter to Steven Blaine, dated October 13, 2005

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