CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: January 3, 2022 Action Required: Consideration of an application for a Critical Slope Waiver Presenter: Brian Haluska, Principal Planner, Neighborhood Development Services Staff Contacts: Brian Haluska, Principal Planner, Neighborhood Development Services Title: P21-00082 – 1221, 1223 and 1225 Harris Street, request for a Critical Slope Waiver Background: C-Ville Business Park, LLC is requesting a waiver from Section 34-1120(b) of the City Code (Critical Slope Ordinance) to allow for construction of a mixed-use development that would include up to 120 residential units. Existing critical slope areas located on this Property include 0.285 acres or 26% percent of the project site. The applicable definition of “critical slope” is as follows: Any slope whose grade is 25% or greater, and (a) a portion of the slope has a horizontal run of greater than 20 feet, and its total area is 6,000 SF or greater, and (b) a portion of the slope is within 200 feet of a waterway. See Section 34- 1120(b)(2). Discussion: The Planning Commission considered this application on the consent agenda at their meeting on December 14, 2021. Alignment with City Council’s Vision and Strategic Plan: The City Council Vision of Quality Housing Opportunities for All states that “Our neighborhoods retain a core historic fabric while offering housing that is affordable and attainable for people of all income levels, racial backgrounds, life stages, and abilities. Our neighborhoods feature a variety of housing types, including higher density, pedestrian and transit-oriented housing at employment and cultural centers. We have revitalized public housing neighborhoods that include a mixture of income and housing types with enhanced community amenities. Our housing stock is connected with recreation facilities, parks, trails, and services.” This request is connected with a proposed building that is adjacent to McIntire Business Park, and is within walking distance of McIntire Park and Shenck’s Branch Greenway. Community Engagement: In line with Section 34-1120(b)(6)(b), property owners and occupants within 500-feet of the subject property, as well as neighborhood association leaders, were notified of the Planning Commission’s meeting. No members of the public spoke at the meeting. Budgetary Impact: No direct budgetary impact is anticipated as a direct result of this Critical Slope Waiver. Recommendation: Staff recommends the application be approved with conditions. The Planning Commission voted unanimously to recommend the application be approved with conditions as proposed by staff. Alternatives: City Council has several alternatives: (1) by motion, approve the requested Critical Slope Waiver as recommended by the Planning Commission with the following suggested motion; “I move the adoption of the Resolution included in our agenda materials, granting this Critical Slope Waiver within P21-00082, based on a finding that due to unusual physical conditions, or the existing development of the property, compliance with the City’s critical slopes regulations would prohibit or unreasonably restrict the use or development of the property, per Section 34- 1120(b)(6)(d)(ii).” (2) by motion, request changes to the attached resolution, and then approve the Critical Slope Waiver; (3) by motion, take action to deny the Critical Slope Waiver; Or (4) by motion, defer action on the Critical Slope Waiver. Attachment: A. Proposed Resolution B. City Staff Report C. Application and Supporting Documentation RESOLUTION APPROVING THE REQUEST TO WAIVE THE CRITICAL SLOPE REQUIREMENTS OF CITY CODE SECTION 34-1120(b) FOR THE DEVELOPMENT TO BE BUILT AT 1221, 1223 AND 1225 HARRIS STREET (CITY TAX MAP PARCELS 340090B00, 340090C00, AND 34009100) WHEREAS C-Ville Business Park, LLC, (the “Landowner”) is the owner of record of the property of certain land identified by City tax map parcels 340090B00, 340090C00, and 34009100 currently addressed as 1221, 1223, and 1225 Harris Street, respectively (together, the “Property”) and the Landowner requested a Waiver of the Critical Slopes requirements of City Code Sec. 34-1120(b)(6)(b) in connection with the construction of a mixed-use development to include 120 residential units located on the Property and referred to as City’s Edge; WHEREAS existing Critical Slopes constitute 0.29 acres, or 26% of the project site; and WHEREAS the Planning Commission considered and unanimously approved this application at their December 14, 2021 meeting, subject to the conditions set forth within the staff report prepared for that meeting; BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, hereby approves a Waiver of the Critical Slopes requirements for the 1221, 1223, and 1225 Harris Street also referred to as City’s Edge to include the following conditions; 1) Site Plans (VESCP Plans) should include, at a minimum, 4 stages/phases of Erosion and Sediment (“E&S”) controls. The first phase shall include “Initial/Preliminary Controls”. Outfalls from any proposed 1223 Harris Street Critical Slope traps shall be established with rigorous independent E&S controls, early in the sequence, prior to the establishment of a sediment trap and associated conveyances. 2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified. 3) At no time shall concentrated water be directed toward the critical slopes. CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT PLANNING COMMISSION REGULAR MEETING APPLICATION FOR A CRITICAL SLOPE WAIVER APPLICATION NUMBER: P21-0082 DATE OF MEETING: December 14, 2021 Project Planner: Brian Haluska, AICP Date of Staff Report: December 1, 2021 Applicant: C-Ville Business Park, LLC Applicant’s Representative(s): Chris Virgilio Current Property Owner: C-Ville Business Park, LLC Application Information Property Street Address: 1221, 1223, and 1225 Harris Street Tax Map & Parcel/Tax Status: 340090B00, 340090C00 and 34009100 (real estate taxes paid current – Sec. 34-12) Total Project Area (Limits of Disturbance): 1.12 acres Total Area of Critical Slopes on Parcels: 0.285 acres | 26.3% Area of Proposed Critical Slope Disturbance: 0.221 acres | 77.6% of total critical slopes area on parcel Comprehensive Plan (General Land Use Plan): Neighborhood Mixed Use Node Current Zoning Classification: IC - Industrial Corridor Overlay District: None Applicant’s Request (Summary) C-Ville Business Park, LLC is requesting a waiver from Section 34-1120(b) of the City Code (Critical Slope Ordinance) to allow for construction of a mixed-use development that would include up to 120 residential units. Improvements specific to areas where critical slopes would be impacted should the waiver be approved are shown on the Critical Slope Exhibit (Attachment B) and include portions of all proposed lots in the development Existing critical slopes areas located on this Property include 0.285 acres or 26.3 percent of the site. The applicable definition of “critical slope” is as follows: Page 1 of 6 P21-0082 1223 Harris Street Critical Slope Any slope whose grade is 25% or greater, and (a) a portion of the slope has a horizontal run of greater than 20 feet, and its total area is 6,000 SF or greater, and (b) a portion of the slope is within 200 feet of a waterway. See City Code Sec. 34-1120(b)(2). Based on the information presented within the application materials, Staff verifies that the area for which this waiver is sought meets all of the above-referenced components of the definition of “critical slope”. Vicinity Map Page 2 of 6 P21-0082 1223 Harris Street Critical Slope Critical Slopes per the Zoning Ordinance Standard of Review Per Sec. 34-1120(6)(d): The planning commission shall make a recommendation to city council in accordance with the criteria set forth in this section, and city council may thereafter grant a modification or waiver upon making a finding that: (i)The public benefits of allowing disturbance of a critical slope outweigh the public benefits of the undisturbed slope (public benefits include, but are not limited to, stormwater and erosion control that maintains the stability of the property and/or the quality of adjacent or environmentally sensitive areas; groundwater recharge; reduced stormwater velocity; minimization of impervious surfaces; and stabilization of otherwise unstable slopes); or (ii)Due to unusual size, topography, shape, location, or other unusual physical conditions, or existing development of a property, one (1) or more of these critical slopes provisions would effectively prohibit or unreasonably restrict the use, reuse or redevelopment of such property or would result in significant degradation of the site or adjacent properties. If the recommendation is for City Council to grant the requested waiver, the Planning Commission may also make recommendations as to the following: In granting a modification or waiver, city council may allow the disturbance of a portion of the slope, but may determine that there are some features or areas that cannot be disturbed. These include, but are not limited to: (i)Large stands of trees; Page 3 of 6 P21-0082 1223 Harris Street Critical Slope (ii)Rock outcroppings; (iii)Slopes greater than 60%. City council shall consider the potential negative impacts of the disturbance and regrading of critical slopes, and of resulting new slopes and/or retaining walls. City council may impose conditions as it deems necessary to protect the public health, safety or welfare and to insure that development will be consistent with the purpose and intent of these critical slopes provisions. Conditions shall clearly specify the negative impacts that they will mitigate. Conditions may include, but are not limited to: (i)Compliance with the "Low Impact Development Standards" found in the City Standards and Design Manual. (ii)A limitation on retaining wall height, length, or use; (iii)Replacement of trees removed at up to three-to-one ratio; (iv)Habitat redevelopment; (v)An increase in storm water detention of up to 10% greater than that required by city development standards; (vi)Detailed site engineering plans to achieve increased slope stability, ground water recharge, and/or decrease in stormwater surface flow velocity; (vii)Limitation of the period of construction disturbance to a specific number of consecutive days; (viii)Requirement that reseeding occur in less days than otherwise required by City Code. Project Review and Analysis Each applicant for a critical slopes waiver is required to articulate a justification for the waiver, and to address how the land disturbance, as proposed, will satisfy the purpose and intent of the Critical Slopes Regulations, as found within City Code Sec. 34-1120(b)(1). The applicant has provided information in the attached critical slopes waiver narrative (Attachment A) for Application Finding #1 and #2. Staff Analysis 34-1120(b)(d)(i) Application Finding #1: Staff does not recommend a waiver on the basis of Finding 1 for this application. Staff Analysis 34-1120(b)(d)(ii) Application Finding #2 : Engineering Department: The City Engineering Department’s comments on this application can be found in Attachment C. Page 4 of 6 P21-0082 1223 Harris Street Critical Slope “Due to unusual size, topography, shape, location, or other unusual physical conditions, or existing development of a property, one (1) or more of these critical slopes provisions would effectively prohibit or unreasonably restrict the use, reuse or redevelopment of such property or would result in significant degradation of the site or adjacent properties.” Based on the submitted materials and the applicant’s justifications, engineering cannot recommend approval under either Finding #1 or Finding #2.The plan is not yet approvable, though still under development. City Engineering provides the following recommended conditions which have been selected for based on the design and review history of this project. Most are already incorporated into the design. If the Planning Commission decides to approve the project, the following should be considered for applicable conditions:” City Engineering recommends the following conditions: 1) Site Plans (VESCP Plans) should include, at a minimum, 4 stages/phases of ESC controls. The first phase shall include “Initial/Preliminary Controls”. Outfalls from any proposed traps shall be established with rigorous independent ESC controls, early in the sequence, prior to the establishment of a sediment trap and associated conveyances. 2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified. 3) At no time shall concentrated water be directed toward the critical slopes. Planning Department: The specific physical characteristics of the site meet the standards required in Finding #2. City Council previously granted the applicant a Special Use Permit for a project proposed to be located on the site that would disturb all of the parcels at 1223 and 1225 Harris Street. A strict application of the critical slope requirements would make it unlikely the applicant would be able to implement the plan previously reviewed by the Planning Commission and Council. The site layout of the currently proposed development is consistent with the materials presented by the applicant when the parcels were granted an SUP by City Council. Staff Recommendation Staff recommends the Planning Commission recommend to City Council to grant the critical slope waiver on the basis that “due to unusual physical conditions, one (1) or more of these critical slopes provisions would effectively prohibit or unreasonably restrict the use of such property.” Recommended Conditions 1) Site Plans (VESCP Plans) should include, at a minimum, 4 stages/phases of ESC controls. The first phase shall include “Initial/Preliminary Controls”. Outfalls from any proposed Page 5 of 6 P21-0082 1223 Harris Street Critical Slope traps shall be established with rigorous independent ESC controls, early in the sequence, prior to the establishment of a sediment trap and associated conveyances. 2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified. 3) At no time shall concentrated water be directed toward the critical slopes. Suggested Motions 1. “I move to recommend approval of the critical slope waiver for Tax Map and Parcel 340090B00, 340090C00 and 34009100, as requested, with the conditions listed in the staff report, based on a finding that [reference at least one]: • The public benefits of allowing the disturbance outweigh the benefits afforded by the existing undisturbed critical slope, per Section 34-1120(b)(6)(d)(i) [Not Recommended] • Due to unusual physical conditions, or the existing development of the property, compliance with the City’s critical slopes regulations would prohibit or unreasonably restrict the use or development of the property, per Section 34- 1120(b)(6)(d)(ii) [Recommended] 2. “I move to recommend denial of the steep slope waiver for Tax Map and Parcel 340090B00, 340090C00 and 34009100. Attachments A. Application and Narrative B. Critical Slope Exhibit C. City Engineering Comments on the Proposed Application Page 6 of 6 Brian, In regards to providing an evaluation of the waiver in accordance with Sec. 34-1120 (6) (c): “The director shall provide the planning commission with an evaluation of the proposed modification or waiver that considers the potential for soil erosion, sedimentation and water pollution in accordance with current provisions of the Commonwealth of Virginia Erosion and Sediment Control Handbook and the Virginia State Water Control Board best management practices, and, where applicable, the provisions of Chapter 10 of the City Code. The director may also consider other negative impacts of disturbance as defined in these critical slope provisions.” This project triggers the City of Charlottesville threshold for requiring both VESCH, and VSMP plans. Since this requires a full review for compliance from the City, and ultimate approval in order to receive a Land Disturbing Permit, the City will have control over assuring the project conforms to VESCH, VA SWM BMP, as well as Chapter 10 of the City Code. The project has received 3 review from the City PWE staff after having initial submittal rejected for review for not meeting minimal State Code standards for review. Each iteration has gotten progressively closer to meeting basic VSMP/VESC standards. An evaluation of negative impacts specifically provided in the critical slope provisions, while also taking into account the latest plan submittal follows: a. Erosion affecting the structural integrity of those features./ b. Stormwater and erosion-related impacts on adjacent properties. The applicant references ESC measures being implemented. These plans are under development. For such a small site, it is very complicated but the last review generated comments primarily about clarifying the sequence for constructability (clarity for contractor) as well as comments about the “SSF” being applied at the perimeter and limits of flow length to silt fence. This ESC scheme has progressed significantly and is near approvable. c. Stormwater and erosion-related impacts to environmentally sensitive areas such as streams and wetlands. There is a “conveyance” adjacent the site. It is not considered a natural channel. d. Increased stormwater velocity due to loss of vegetation. Discharges downstream of the site should remain at similar amounts due to VSMP compliance parameters. Since most outfalls are being “reused” , velocity will remain similar. e. Decreased groundwater recharge due to changes in site hydrology. There is no mitigation proposed for groundwater recharge. Existing slopes and impervious limit recharge opportunities in both existing and proposed conditions. f. Loss of natural or topographic features that contribute substantially to the natural beauty and visual quality of the community such as loss of tree canopy, forested areas and wildlife habitat. There was not mitigation addressed for loss of natural features. There are extremely limited natural features regarding canopy or habitat in existing conditions. In regards to providing a recommendation of the waiver, in accordance with Sec. 34-1120 (6) (d): “No modification or waiver granted shall be detrimental to the public health, safety or welfare, detrimental to the orderly development of the area or adjacent properties, or contrary to sound engineering practices.” Based on the submitted materials and the applicant’s justifications, engineering cannot recommend approval under either Finding #1 or Finding #2.The plan is not yet approvable, though still under development. City Engineering provides the following recommended conditions which have been selected for based on the design and review history of this project. Most are already incorporated into the design. If the Planning Commission decides to approve the project, the following should be considered for applicable conditions: 1) Site Plans (VESCP Plans) should include, at a minimum, 4 stages/phases of ESC controls. The first phase shall include “Initial/Preliminary Controls”. Outfalls from any proposed traps shall be established with rigorous independent ESC controls, early in the sequence, prior to the establishment of a sediment trap and associated conveyances. 2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified. 3) At no time shall concentrated water be directed toward the critical slopes.