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HomeMy WebLinkAboutZMA201800005 Review Comments Zoning Map Amendment 2018-10-03vjRGI13SQ` COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 3, 2018 John C. Wright, P.E. — Bohler Engineering VA, LLC 28 Blackwell Park Lane, Suite 201 Warrenton, VA 20186 jwright&bohlereng com / (540)-349-4500 Mike Sweeney — PT Hotel LLC 2000 Ware Bottom Spring Road Chester, VA 23836 michael(&shaminhotels.com / (804)-777-9000 RE: Review Comment Letter #2 / ZMA-2018-00005 (Pantops Hotel — State Farm Boulevard) Mr. Wright and Mr. Sweeney: Members of Albemarle County staff and our partner agencies have reviewed your resubmittal application materials (submitted 9/4/2018) for Zoning Map Amendment ZMA-2018-00005, which requests approval of an Application Plan for an existing planned development district to allow the development of a 130-room hotel on Tax Map Parcels #78-64 and #78-65. Review comments are provided below, organized by Department, Division, or agency. Community Development Department (CDD) staff believe the various review comments should be addressed through a resubmittal of application materials, prior to scheduling a public hearing with the Planning Commission. However, you have the right to request a public hearing without revision and resubmittal, or to otherwise determine your course of action. (Please note: the "Action After Receipt of Comment Letter" document will be provided to you in the immediate near future; it is currently being revised in response to the recent adoption of zoning text amendments to Section 33 of the Zoning Ordinance which affect the review process timing and procedures). As always, CDD staff remain available to provide assistance and discuss this comment letter, and any other aspect(s) of your applications, at your request. Planniniv The following CDD-Planning review comments are organized as follows: How the proposal relates to the Comprehensive Plan The Neighborhood Model analysis Additional Planning comments Page 1 of 12 Comprehensive Plan: Comments on how your project conforms to the Comprehensive Plan will be provided to the Planning Commission and Board of Supervisors as part of the staff report that will be prepared for the work session or public hearing. The comments below are in preparation for the Planning Commission review, and may change based on direction from the Commission and/or with subsequent submittals. The property is located on Tax Map Parcel #78-64 and #78-65, which are within the Neighborhood 3 (Pantops) Comprehensive Plan Area within the Development Area. The future land use designations for these properties, as specified in the Pantops Master Plan ("Master Plan"), is as follows: Urban Mixed Use — The front portions of these parcels along State Farm Boulevard are designated "Urban Mixed Use" which envisions (future) "retail, commercial services, office, and a mix of residential types based on the Urban Density land use category. This mixed use land use category is expected to have equal parts of residential and commercial uses." Parks — The rear portions of these parcels are designated "Parks" which envisions (future) "public and semi-public parks, greenways, and more active recreation areas." Page 2 of 12 In summary, the proposed hotel is consistent with the Urban Mixed Use future land use designation. In general, the proposal does not develop or otherwise utilize the majority of the areas of the subject property(s) designated for (future) "Parks" use(s). Proposal — The proposal is to develop a 130-room hotel on two undeveloped parcels. The project proposal and application plan provide additional details. Neighborhood Model: In 2001, the County adopted the Neighborhood Model. The Neighborhood Model was developed to guide the "form" of development. The Neighborhood Model recommends that the Development Areas and new development have these characteristics: 12 Principles of the Neighborhood Model: 1. Pedestrian Orientation 2. Neighborhood Friendly Streets and Paths 3. Interconnected Streets and Transportation Networks 4. Parks and Open Space 5. Neighborhood Centers 6. Buildings and Spaces of Human Scale 7. Relegated Parking 8. Mixture of Uses 9. Mixture of Housing Types and Affordability 10. Redevelopment 11. Site Planning that Respects Terrain 12. Clear Boundaries with Rural Areas General comments on how well the proposed development meets the principles of the Neighborhood Model are provided below. More detailed comments may be provided at a later date if changes are made and/or after more detailed plans are provided. Pedestrian • Sidewalk and two crosswalks are proposed to provide safe, convenient Orientation pedestrian connection to the sidewalk along State Farm Blvd. • Sidewalks are also proposed around the entirety of the structure. • Street trees are proposed between the front property line and the curb/front drive aisle. • Landscape walls are proposed along a portion of the property's frontage, which should contribute to a sense of spatial enclosure and enhance the pedestrian orientation of the development (without bringing the primary structure any closer to the ROW). Principle is met. Mixture of Uses The land use designation of Urban Mixed Use anticipates a mixture of residential and commercial uses in this area including retail, office, and service. A hotel would contribute to a mixture of uses in this area. Principle is met. Page 3 of 12 Neighborhood The development relates to the employment centers of State Farm Insurance and Centers Martha Jefferson Hospital. Proposal includes sidewalks and crosswalks from the front hotel entrance designed to contribute to safe, convenient pedestrian connectivity between the proposed hotel and nearby neighborhood centers in both directions of State Farm Boulevard. Principle is met. Mixture of Housing This principle is not immediately applicable — the proposed project is a hotel. Types and Principle is not applicable. Affordability Interconnected The application plan provides a future interparcel connection to TMP #78-66 (to the Streets and southwest) to allow for future interparcel vehicular access and connectivity. Transportation Principle is met. Networks Multi -modal Bicycle racks on the site could support and advance the use of alternative Transportation transportation modes, primarily in support of hotel employees and potentially in Opportunities support of visitors/tourists. Principle is not met. Parks, Recreational Portions of the rear areas of these two parcels are designated as "Parks" in the Amenities, and Open Pantops Master Plan. The application plan proposes minimal disturbance or Space development of the managed steep slopes within the "Parks" future land use designation; the large majority of these managed steep slopes would remain undeveloped. More specifically, the application plan designates approximately 2.0 acres in the rear portions of the subject properties as a "Proposed Easement for Future Park" in support of the "Parks" designation on the future land use plan. The project narrative includes a section titled 'Proposed Proffer to Address Impact" which states that "The owner will reserve an easement over the northern 2.0 acres (final area to be determined at site plan). At time of certificate of occupancy, owner will transfer property to County for a future park." Additionally, in connection with ongoing County efforts to update the Pantops Master Plan, staff ask the applicants to evaluate the feasibility of reserving or dedicating (future) public access along the northeastern side yard of the development to the area designated for "Parks" future land use in the rear of the subject property(s). Principle is met. Page 4 of 12 Buildings and Space When applied to this proposed project on the subject properties, this principle should of Human Scale be embodied by: a building situated close to, and having a spatial relationship with, the public ROW; a building with an articulated facade and non -monumental massing; and parking spaces relegated to the sides and rear of the building. With the resubmittal materials provided on 9/4/2018, the proposed height of the structure has increased from sixty (6o) feet to approximately seventy-four (74+/-) feet. This proposed height is not permissible per Zoning Ordinance Sections 25A.6 and 21.4; the maximum height is sixty-five (65) feet. This proposed building height (with no front stepbacks, as shown on the rendering presented to the Pantops CAC on 7/23/2018) would likely be overwhelming to the public ROW if the main portion of the structure was located within the maximum front yard setback (30'). However, the application plan shows the main portion of the structure set back between 75' and 85' from the front property boundary, with the port cochere being located approximately 32' from the front property boundary. This combination of (proposed) setback and (proposed) height and (proposed) massing (no stepback) prevents the building from creating an imposing or overwhelming presence along the public ROW. Additionally, the application plan now includes several landscape walls along a portion of the property's frontage, which should contribute to a sense of spatial enclosure and enhance the pedestrian orientation of the development (without bringing the main portion of the structure any closer to the ROW). However, staff have concerns about the overall size and massing of the proposed hotel - at this increased height, and without any front stepbacks. Multiple renderings and/or a digital model were supposed to be provided with the resubmittal applications for use in the evaluation of this proposal; however, no such materials have been received to date. Therefore, staff have not been able to fully evaluate the proposal, or reach any conclusions about the appropriateness of the proposed hotel's size and massing. Importantly, as indicated above, please note that the proposed building footprint location, height, and massing are not compliant with the stepback, setback, and building height requirements or with other applicable Zoning Ordinance requirements (and are not otherwise properly addressed through this ZMA application) - see "Additional Planning Comments" #1, #2, and #3, below. Principle is not met. Relegated Parking As noted in the project proposal dated 6/18/2018, the application plan was revised (in response to staff comments made in connection with the pre -application meeting) to eliminate some parking between the primary structure and the public ROW. Specifically, the application plan dated 6/18/2018 retains four (4) universal access spaces and seven (7) additional spaces on the "hotel side" of the front drive aisle; but the parking spaces originally proposed on the opposite side of the front drive aisle (closer to State Farm Boulevard ROW) were eliminated, to allow the hotel to be sited closer to the street. Staff acknowledge this compromise. Principle is partially met. Redevelopment The subject properties are currently undeveloped. Principle is not applicable. Page 5 of 12 Respecting Terrain The rear portions of the parcels contain Steep Slopes (Managed) as well as a small and Careful Grading portion of Steep Slopes (Preserved) overlay districts. No preserved steep slopes are and Re -grading of impacted. The proposal does not impact or disturb a significant portion of these Terrain managed steep slopes, and terraced retaining walls are proposed for the portion which is disturbed. Principle isgenerally met. Clear Boundaries The subject properties are not adjacent to a Rural Area boundary. with the Rural Area principle is not applicable. Additional Planning Comments: 1. Stegbacks: A front stepback is required for the proposed structure per County Code Chapter 18 ("Zoning Ordinance") Sections 25A.6, 21.4, and 4.20(a). Staff acknowledge that Note 2 on Sheet 3 of the Application Plan states that "The applicant is requesting that the County allow the building to have no front stepbacks." However, this proposed modification to the front stepback requirements must be formally requested through a written submittal of a request for waiver or modification, pursuant to Zoning Ordinance Section 8.2(b)(1), inclusive of your justification for the proposed waiver or modification relative to the findings that must be made per Zoning Ordinance 8.2(b)(3). Therefore, the proposal should be revised and resubmitted (either by complying with the front stepback requirements, or by proposing to establish an alternative stepback requirement via the process described above) prior to being taken to the Planning Commission for a public hearing. 2. Setbacks: The proposed primary structure is subject to minimum setback requirements and maximum setback requirements per Zoning Ordinance Sections 25A.6, 21.4, and 4.20(a). The proposal appears to comply with the applicable minimum setback requirements ("10 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right- of-way; for off-street parking or loading spaces, 10 feet from any public street right-of-way."). However, the proposal is not compliant with the applicable maximum setback requirements ("30 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way..."). Staff acknowledge that Note 3 on Sheet 3 of the Application Plan states that "The applicant is requesting the County allow a minimum front building setback of 10' and an max front building setback of 35' (to port cochere)." And staff are generally supportive of the revised site layout you have provided on the Application Plan dated 9/4/2018, particularly in regards to the revisions made to eliminate some parking spaces and bring the drive aisle, port cochere, and main portion of the propose hotel closer to the public ROW. This is viewed as an acceptable compromise which responds to the previous review comments regarding the Neighborhood Model Principles, while still providing for the programmatic needs of your project. However, this proposed modification to the maximum front setback requirements must be formally requested through a submittal of a written request for waiver or modification, pursuant to Zoning Ordinance Section 8.2(b)(1), inclusive of your justification for the proposed waiver or modification relative to the findings that must be made per Zoning Ordinance 8.2(b)(3). Therefore, the proposal should be revised and resubmitted (either by complying with the front stepback requirements, or by proposing to establish an alternative stepback requirement via the process described above) prior to being taken to the Planning Commission for a public hearing. Page 6 of 12 3. Building Height, Viewsheds, and Visibility: The proposed hotel's height and location (topographically prominent site) combine to create concerns about impacts to viewsheds from State Farm Boulevard and from other locations in Pantops, as well as potential impacts to the viewshed from Monticello. With the resubmittal materials provided on 9/4/2018, the proposed height of the structure has increased from sixty (6o) feet to approximately seventy-four (74+/-) feet. This proposed increase in building height increases the concerns referenced above. Furthermore, the proposed height is not permissible per Zoning Ordinance Sections 25A.6 and 21.4; the maximum height is sixty-five (65) feet. Any proposal to modify or waive the building height regulations must be requested through a submittal of a request for waiver or modification pursuant to Zoning Ordinance 8.2(b)(1), inclusive of your justification for the proposed waiver or modification relative to the findings that must be made per Zoning Ordinance 8.2(b)(3). Staff also request and strongly recommend that the applicants provide some type of visual analysis of the proposed hotel (as viewed from multiple locations along State Farm Boulevard, and as viewed from multiple locations within the Pantops neighborhood), as requested by members of the Pantops Community Advisory Committee during the community meeting on 7/23/2018. This type of visual information would be very helpful in the County's evaluation of this proposal, and specifically in determining the appropriateness of the proposed height, massing, and location. Staff acknowledge the recent coordination with Ms. Liz Russell with the Thomas Jefferson Foundation to understand what concerns (if any) the Foundation has, and to discuss potential mitigation techniques (as may be applicable). 4. Proffer Statement: Proposed proffers should not be provided solely as a Note on the Application Plan or as a statement in the Project Narrative. Specifically, per Zoning Ordinance Section 33.22(B), all proffers must be provided in a separate "proffer statement" signed and notarized by all applicable owner(s) or authorized agent(s). Such a proffer statement would include any voluntary commitments to: develop the property in general accord with the Application Plan (with a reference to the plan date); provide an easement, dedication of land, or similar to the County for public use, regarding the area that is outside of the development envelope and is designated as "Parks" on the future land use designation; or provide any other commitments to address potential impacts. 5. Review Process: Staff believes the questions, issues, and concerns identified in this comment letter should be addressed through revision and resubmittal of the proposed application plan and project narrative, to demonstrate compliance with County Code requirements or to otherwise demonstrate a commitment to addressing and mitigating the potential impacts associated with these questions, issues, or concerns. Specifically, any requests to waive or modify the setback requirements, stepback requirements, and/or building height regulations should be included in the resubmittal, as well as any renderings or other digital models which help illustrate the proposed building's physical characteristics in the context of it's physical location. Due to the Board of Supervisors' action on 9/5/2018 to adopt zoning text amendments to Section 33 of the Zoning Ordinance which affect the timing of review processes, it appears that your application must be deferred until you resubmit revised application materials. More information will be provided to you in the immediate near future regarding the new procedural requirements for resubmittals and deferrals. Page 7 of 12 6. Required ParkinSpaces: Staff acknowledge that the number of proposed parking spaces have been reduced to accommodate previous review comments relating to Neighborhood Model Principles, such as "Relegated Parking" and "Interconnected Streets and Transportation Networks." For the proposed parking reduction for the hotel use, please provide a written analysis and justification for the proposed use of a ratio of 0.92 parking spaces per guest room (as opposed to using the standard ratio of 1.0 space per guest room, as otherwise required by Zoning Ordinance Sections 25A.6, 21.3, and 4.12.6). Specifically, any proposal to modify or waive the minimum number of required parking spaces must be requested through a submittal of a request for waiver or modification pursuant to Zoning Ordinance 8.2(b)(1), inclusive of your justification for the proposed waiver or modification relative to the findings that must be made per Zoning Ordinance 8.2(b)(3). 7. (Advisory) Additional Future Permitting Requirements: If this ZMA application is approved, the proposed hotel development would be subject to approval of a Site Plan and Water Protection Ordinance (WPO) Plan / VSMP Plan. Engineering: The following CDD-Engineering review comments (below) were provided by County Engineer Frank Pohl, P.E., C.F.M. on 7/10/2018; the County Engineer has indicated that these review comments can be addressed at the site plan and VSMP review process. 1. VSMP permitting will be required [through the preparation and submittal of a Water Protection Ordinance (WPO) Plan application, separate from the Site Development Plan application]. 2. Consider discharging stormwater at one of the rear corners to avoid piping under 4 retaining walls. 3. Consider providing interparcel connection to TMP 78-63. The following additional CDD-Engineering review comments (below) were provided by County Engineer Frank Pohl, P.E., C.F.M. on 9/28/2018: A. I now realize the pipe discharging stormwater at the rear of the property contains water from the public right of way. This pipe will need to be located in a public drainage easements, and such, cannot be piped under the retaining walls. This comment can be addressed during the VSMP review process. B. [9VAC25-870-66(B)] - "Channel Protection. Concentrated stormwater flows shall be released into a stormwater conveyance system..." Applicant will need to show there is a channel at the outlet location, or may need to extend the outlet to the channel located near the rear property line. This comment can be addressed during the VSMP review process. Albemarle County Service Authority (ACSA): The following comments (below) related to public utilities have been provided by Richard Nelson, P.E. on 7/18/2018: • No Objection. The following additional comments (below) related to public utilities have been provided by Richard Nelson, P.E. on 9/25/2018: • No Objection. Page 8 of 12 Albemarle County Fire & Rescue: The following comments (below) have been provided by Deputy Fire Marshall Shawn Maddox on 7/16/2018: 1. VSMP permitting will be required [through the preparation and submittal of a Water Protection Ordinance (WPO) Plan application, separate from the Site Development Plan application]. 2. Consider discharging stormwater at one of the rear corners to avoid piping under 4 retaining walls. 3. Consider providing interparcel connection to TMP 78-63. The following additional comments (below) have been provided by Deputy Fire Marshall Shawn Maddox on 9/19/2018: A. Previous comments were not acknowledged on the resubmittal. There must be a 26' travel way along at least one entire side of the structure due to the building height. The 26' travel way should be a minimum of 15' and a maximum of 30' from the structure and be parallel to the structure. Action after Receipt of Comments: After you have read this letter, please take one of the actions identified in the "Action After Receipt of Comment Letter." As noted above (page 7), due to the Board of Supervisors' action on 9/5/2018 to adopt zoning text amendments to Section 33 of the Zoning Ordinance which affect the timing of review processes, it appears that your application must be deferred until you resubmit revised application materials. More detailed information (including a revised "Action After Receipt of Comment Letter") will be provided to you in the immediate near future, regarding the new procedural requirements for resubmittals and deferrals. Resubmittal: If you choose to resubmit, please use the attached form. The resubmittal date schedule is provided for your convenience. Notification and Advertisement Fees: Prior to scheduling a public hearing with the Planning Commission: $ 406.00 = Cost for newspaper advertisement $ 215.00 = Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner after 50 adjoining owners) $ 621.00 = Total amount due prior to Planning Commission public hearing Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board hearing needed. $ 406.00 = Additional amount due prior to Board of Supervisors public hearing $ 1,027.00 = Total amount for all notifications. Fees may be paid in advance. Payment for both the Planning Commission and Board of Supervisors public hearings may be paid at the same time. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Page 9 of 12 Please contact me if you would like to set up a meeting to discuss this comment letter or any other aspect of your proposed project, or to share any questions or requests for assistance you may have. My phone number is (434) 296-5832, x. 3088, and my email address is tpadalinogalbemarle.org. Sincerely, U Tim Padalino, AICP Senior Planner Planning Services Page 10 of 12 FOR OFFICE USE ONLY SP # or ZMA # I'ir Amount S Dan Paid By who? RC CipS Ck# By: Resubmittal of information for Special Use Permit or � u Zoning Map Amendment i``l�ir�� PROJECT N[NIBER: ZMA 7..4 Ooae 5} PROJECT NAME; i IZOFOSBD iT G Resubmittal Fee is Required ❑ Per Request ❑ Resubmittal Fee is Not Require-d Community Development Project Coordinator Signature Tate Name of Applicant Signature FEES Resubmittal fees for Special Use Permit — original Special Use Permit fee of $1,475 ❑ First resubmission ❑ Fach additional resubmission Resubmittal fees for original Special Use Permit fee of $2,150 ❑ First resubmission ❑ Each additional resubmission Phone Number Date FRLE 5538 S I .[)75 Resubmittal fees fur uriginal Zoning Map Amen dmcr)t fee of $2,088 LJ First resubmission FREE XEach additional resubmission $1,344 Resubmittal fees for original Zoning Map Amendment fee of $3,763 Q First resubmission ❑ Each additional resubmission 13 Deferral ofseheduled Dublic bearing at annlicant's reunest —Add'[ notice fees will he required FREE $1.881 $294 To be paid after. staff review for public notice: Ntost applications for Special Use Perni is and Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors- Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. 'Therefore, at least two fees for public notice arc required before a Zoning Nlap Amendment may be heard by the Board of Supervisors. The total fee for public notice will he provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. MAKE CHECKS TO COUNTY OF ALBEMARLE1PAYMENT AT COO Preparing and mailing or dclivcring up to fifty (50) notices Y' Preparing and mating ur delivering wch notice after fifty (50) r Lcgal advertisement (published twice in the newspaper for each public Rearing) ITY DEVELOPMENT COUNTER S215 1 actual opst of filr -class pottage S 1.00 for each additional notice -1 actual cost of first-class postage Actual cnsL [mini1 nilTT1 of 5280 for total of 4 publications County of Albemarle Department of Community De- eiopment 401 11' eWire Toad Charlottesville, VA 22902 Voice: (434) 290-5832 Coax: (434) 972-4126 1..2A+17 Pago 1 oft Page 11 of 12 Albemarle County, Virginia 2018 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Resubmittal Schedule Resubmittal Dates Comments to applicant for decision on whether to proceed to Public Hearing Payment Due for Public Hearing Legal Ad Planning Commission Public Hearing Date* No sooner than Monday Wednesday Friday Tuesday Dec 18 2017 Jan 17 Jan 26 Feb 20 Wednesday, Jan 3 Jan 31 Feb 9 Mar 6 Tuesday, Jan 16 Feb 14 Feb 23 Mar 20 Jan 29 Feb 28 Mar 16 Apr 10 Feb 05 Mar 7 Mar 16 Apr 10 Tuesday Feb 20 Mar 21 Mar 30 Apr 24 Mar 5 Apr 4 Apr 6 May 1 Mar 19 Apr 18 Apr 27 May 22 Apr 2 May 2 May 18 Jun 12 Apr 16 May 16 Jun 1 Jun 26 Apr 30 May 30 Jun 1 Jun 26 May 7 Jun 6 Jun 15 Jul 10 May 21 Jun 20 Jun 29 Jul 24 Jun 4 Jul Jul 13 Aug 7 Jun 18 Jul 18 Jul 27 Aug 21 Jul 2 Aug 1 Aug 10 Sep 4 Jul 16 Aug 15 Aug 31 Sep 25 Jul 30 Aug 29 Aug 31 Sep 25 Aug 6 Sep 5 Sep 14 Oct 9 Aug 20 Sep 19 Sep 28 Oct 23 Tuesday Sep 4 Oct 3 Oct 5 Oct 30 Sep 17 Oct 17 Oct 19 Nov13 Oct 1 Oct 31 Nov 9 Dec 4 Oct 15 Nov 14 Nov 20** Dec 18 Oct 29 Nov 28 Dec 21 Jan 15 2019 Nov 5 Dec 5 Dec 21 Jan 15 2019 Nov 19 Dec 19 Dec 21 Jan 15 2019 Dec 3 Jan 2 2019 Jan 4 2019 Jan 29 2019 Dec 17 Jan 16 2019 Jan 25 2019 Feb 19 2019 Jan 72019 Feb 62019 Feb82019 Mar 52019 2019 Dates are tentative; shading indicates a different year *Public hearing dates have been set by the Planning Commission; however, if due to unforeseen circumstances the Planning Commission is unable to meet on this date, your project will be moved to the closest available agenda date. "Off -date to accommodate holidays. Dates in bold italics fall on a Tuesday due to a holiday. Page 12 of 12