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HomeMy WebLinkAboutZMA201800016 Application Zoning Map Amendment 2018-12-18Albemarle County Planning Application Community Development Department 401 McIntire Road Charlottesville, VA22902-45% Voice: (434.1296-5832 Fax: (434) 972-4126 TMP F 05600-00-00-037007 Owner(s): FARINA, MELISSA S Application# I ZMA2018000L6J PROPERTY INFORMATION Legal Description ACREAGE LONGMONT Magisterial Dist. 'White Hall Land Use Primary Residential -- Single-family (incl. modular homes Current AFD !Not in A/F Distri Ct Current Zoning Primary i RI Residential ON INFORMATION 5 t re et Address 5680 LONGMONT DR, CROZET, 22932 Entered By Application Type `Zoning - - - - Map , Amendment - - - ilu.k�Srnith, Project CHESTERFIELD LANDING PHASE III Received Date Final Submittal Date 12/10/ 18 ToaFees Total Received Date F12/04/18 Closing File Date i I Submittal Date Finall Total Paid Revision Number Comments I ARS OK Legal Ad SUB APPLICATION(s) Type Sub licatio Comment IF - APPLICANT CONTACT INFORMATION ContactType Name Address Ci State Zip Phone Phoneef-ell Ow rerlAppka nt FARINA, MELISSAS 5E80 LONGMONT DRIVE CROZETVA .22932 .... ................ .. ........ - - ........... ........... �11 .......... ­­.­ .................. ............................. . .......... Signature of Contractor or Authorized Agent - m Ta =te County of Albemarle 1 axle G"raPhsical Data S&vkes Dwisixs - Rom 21f CKadlottesvriie, VA Parcel Property Information 401 McIntre Read 2Z9 2 -os -,0f TMP 05600-00-00-03700 Legal ACREAGE LONGMONT Description Parent TMP - - - Tax Map Q5600 Section 00 Block p0 Parcel 03700 OPIN 42624033020 Major Subdiv. jAcreage Total Acres g,g6 TMP Inactive? ACTIVE .Agricultural Forest District: Not In A/F District High School District; !Western Albemarle Traffic Zone: 3626 . Middle School District Henley Voter Precinct: Mechums River . Elem, School District. Brownsville �_....__.— .�.._�__._._ Magisterial District: White Hall Metro Planning Area?r'' __.__— census Block Group: GATS Area'?I�, Census Tract: 1111 Public Water Sewer i Water & Sewer Under Review B2014025350E Water Supply Protection Area? YES Other Rural Land? N—O 4hatershed Licki"l ole Creek �. �. • Development Area? YES (Htstoricai Significance World Heritage Site National Historic Landmark! Virginia Landmark Register National Register of Historic Places Parcel Has Proffers Parcel Has Easements current Land Use Number of Structures Number of Dwelling Units Primary; I Residential - Single-family (incl modular homes) Secondary`: unassigned _._ ___ 2 Minor. lUnassioned Cm rehensive Plan Land Use Plan n Areai C'rn7a—t Primary:`;GreensDace . Other2: !Unassigned Secondary: [Neighborhood Den Itv Residential • Other3: (Unassigned rlmor `Unassigned .�: Other4: _ ,Unassigned Other ;Unassigned �.. Other5, iUnassigned Zoningiurr�nran�na _. _onina :4caated 1211980 brlino PYior to 1211980 PrimaryrR2 Residential _�': Rl Residential iAgCIGuItlJral � Secondary: `Unassigned + Planned Industrial Park • Unassigned Minor: Unassigned T Planned Industrial Park Unassianed Other; IUnassiQ ► Natural Resource Extraction Overlay;• Flood Hazard Overlap' Airport Impact Area i Entrance Corridor Overlay Scenic Stream Overlay l ACTIVITY INFORMIATION PLANNING AL' VITIES BUILDING.$,C'TitWITIES APPlicationNumb v CurrentStatus I dinnlirc..fiinnNacreah .I r,.—+P--;+C+ l ZMA2018-00016 . Under ReviewARS OK a.... .... .. SU6193B00025 Inralid/Unknov.n € e Printed On: Nonday,December 10 2018 B201402645ATK Under Review B2014025350E .....................:. .. Completed - No ......... B195100093AR ............................................ ...... ......... ... ... ... ; Permit Expired _.:.................. _ .............. s.. _............. ........................ .................... ...................... Application for Zoning Map Amendment =��oY ALg�{r Ay. .. �GjRG�N1P PROJECT NAME: (How should we refer to this application?) Chesterfield Landing Phase I II TAX MAP PARCEL(s): 56-37 (a portion of), 56-37A Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, list those tax map and parcel numbers no PROPOSAL: REZONE ACRES PROPOSAL: AMEND ZMA - FROM R-1 ZONING DISTRICT by doing the following: TO R-4 Cluster ZONING DISTRICT ❑ By adding Acres EXISTING COMP PLAN LAND USE/DENSITY: from Zoning District Neighborhood Density Residential (3-6 DUA) to Zoning District LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED: ElAmend an existing Planned District 5651 & 5680 Longmont Dr. Crozet, VA 22932 ❑ Amend existing proffers CONVENTIONAL DISTRICTS — RA, VR, R-1, R-2, R-4, El Amend a Code of Development R-6, R-10, R-15, C-1, CO, HC, LI, H1, and DCD zoning districts EXISTING COMP PLAN LAND USE/DENSITY: PLANNED DEVELOPMENT DISTRICTS - MHD, PRD, PUD, NMD, PDMC, PDSC, and PD -IP zoning districts. LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED: Are you submitting a preliminary site plan with this application? ❑ YES ® NO Are you submitting a preliminary subdivision plat with this application? ❑ YES ® NO Are you proffering a plan with this application? ❑ YES ® NO Contact Person (Who should we call/write concerning this project?): Justin Shimp Address 912 E High City Charlottesville Daytime Phone (_) 434-227-5140 State VA Zip 22902 Fax # () E-mail Justin@shimp-engineering.com Owner of Record Melissa Farina (TMP 56-37); Melissa Farina or Louis D Farina (TMP 56-37A) Address 5651 & 5680 Longmont Dr. Daytime Phone () City Crozet Applicant (Who is the Contact person representing?): Red Dirt Development Address Daytime Phone �) City E-mail State VA Zip 22932 State Zip E-mail Jess@reddirtdev.com FOR OFFICE USE ONLY ZMA # _ U d �G oG /L SIGN # Fee Amount $ Date Paid By who? Receipt # Ck# By: County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Zoning Map Amendment Application Revised 4/23/2018 Page 1 of 5 • Section 15.2-2284 of the Code of Virginia states that, "Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality." REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE OFFICIALLY SUBMITTED lication Si nature Pa2e �; One (1) completed & signed copy of the appropriate checklist (see list on page 3). a6 (1) copy of the Pre -application Comment Form received from county staff ❑ One (1) copy of any special studies or documentation as specified on the Pre -application Comment Form W Seventeen (17) folded copies of a Conceptual Plan for conventional zoning districts (see districts on page 1) OR ©�Seventeen (17) folded copies of an Application Plan for planned development districts (see districts on page 1) a Seventeen (17) copies of a written narrative The narrative must be laid out to identify each of the bulleted TITLES as follows: ■ PROJECT PROPOSAL The project proposal, including its public need or benefit; (be as descriptive as possible) ■ For proposed Neighborhood Model District (NMD) - Provide a statement describing how the proposed district satisfies the intent of Chapter 18 and if one or more characteristics of the neighborhood model delineated in section 20A.1 of Chapter 18 are missing from the application, then provide a justification as to why any characteristics cannot or should not be provided with the proposal • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; ■ For proposed Neighborhood Model District (NMD) - Provide a narrative as to the project's consistency with the neighborhood model. • IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURE The proposed project's impacts on environmental features. • PROPOSED PROFFERS TO ADDRESS IMPACTS The proposed proffers to address impacts from the proposed project. Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district classification would allow. By State Code, proffers must have a reasonable relationship to the rezoning and are not mandatory. The rezoning must give rise to the need for the proffers; the proffers must be related to the physical development or physical operation of the property; and the proffers must be in conformity with the Comprehensive Plan. Zoning Map Amendment Application Revised 4/23/2018 Page 2 of 5 REQUIRED ATTACHMENTS CONTINUED ❑ One (1) copy of a local traffic impact statement as required by Virginia Code § 15.2-2222.1 and 24 VAC 30-155-40. ❑ One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. ❑ Taxes, charges, fees, liens owed to the County of Albemarle As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. For a Neighborhood Model District (NMD) - new or amendment of an existing NMD ❑ Seventeen (17) copies of the Code of Development satisfying the requirements of section 20A.5. ❑ One (1) copy of a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in section 4.12.8, and transportation demand management strategies as provided in section 4.12.12; provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. ❑ One (1) copy of strategies for establishing shared stormwater management facilities, off-site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. OPTIONAL ATTACHMENTS: ❑ Proffer Form signed by owner(s) (1 copy). ❑ Additional Information, if any. (17 copies) THE FOLLOWING ZONING DISTRICT CHECKLISTS WILL BE USED BY BOTH THE APPLICANT AND STAFF DURING THE MANDATORY PRE -APPLICATION MEETING. ALSO CONSULT THE OTHER DOCUMENTS BELOW BEFORE SUBMITTING AN APPLICATION: CONVENTIONAL ZONING DISTRICT CHECKLIST PLANNED DEVELOPMENT ZONING DISTRICT CHECKLIST NEIGHBORHOOD MODEL DISTRICT CHECKLIST PROFFER FORM (MS Word doe) STAFF ANALYSIS OF ZMA & SP REQUESTS WATER AND SEWER EVALUATION CHECKLIST PLANNING COMMISSION REQUEST FOR INFO Zoning Map Amendment Application Revised 4/23/2018 Page 3 of 5 APPLICATION SIGNATURE PAGE VERIFICATION OF THE SIGNATURE ON THIS PAGE MUST HAPPEN BEFORE THE APPLICATION MAY BE DEEMED COMPLETE If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, an LLC, a corporation, a partnership or association, or a trust, then a document acceptable to the County must be submitted with this application certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application and must include any applicable documents authorizing that person to provide consent. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. o One (1) copy of the applicable ownership information. CHECK AS OWNERSHIP OF THE PROPERTY IS A DOCUMENT TO BE PROVIDED FOR THIS APPLICATION APPLICABLE ❑ Limited liability company ("LLC") The articles of organization and when the power is delegated to someone other than a manager or a member, also the operating agreement. ❑ Stock &Nonstock corporation (1) for a board of directors (1) a. Stock - the articles of incorporation or a shareholders agreement may limit the board's statutory authority. b. Nonstock - the articles of incorporation and the by-laws, the latter of which may include a member or director agreement, may limit the board's statutory authority (2) for a person expressly authorized (2) written evidence of that authorization such as a board resolution or by the board of directors board minutes (3) for a committee (3) an action of the board of directors authorizing the committee to act; the articles of incorporation or the by-laws may limit the statutory authority 4 for a corporate officer 4 the by-laws or the delegating resolution of the board of directors. ❑ Partnership The statement of partnership authority, which may limit the authority of one or more partners. ❑ Limited partnership The partnership agreement, or amendments thereto, which may limit the authority of one or more general partners. ❑ Incorporated & Unincorporated church and (1) for trustees, an authorizing court order other religious body (2) for the corporation holding title, the appropriate corporate documents (3) for a bishop, minister or ecclesiastical officer, the laws, rules or ecclesiastical polity of the entity that authorizes the person to hold, improve, mortgage, sell and convey the property. ❑ I Land trust The deed of conveyance to the trustees and the trust instrument See Attachment A in the Land Use Law Handbook for a complete list of Authorized Signatories for Land Use Applications Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf c: tic u::::�, ;;..;;.::£, .:•.y .;Yr�-��.; ;,;, also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from Mo being sent via first class mail. Signature of Owner/Agent c r Contract Purchaser Date Print Name Daytime phone number of Signatory Zoning Map Amendment Application Revised 4/23/2018 Page 4 of 5 Required FEES to be paid once the application is deemed complete: What type of Zoning Map Amendment are you applying for? ❑ Zoning Map Amendment of less than 50 acres $2,688 ❑ Zoning Map Amendment of greater than 50 acres $3,763 ❑ ALL ZONING MAP AMENDMENTS - FIRE RESCUE REVIEW FEE $75 To be paid after staff review for public notice: Most applications for a 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 are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. ➢ Preparing and mailing or delivering up to fifty (50) notices $215 ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250) ➢ Special Exception —provide written justification with application - $457 Other FEES that may apply: ❑ Deferral of scheduled public hearing atapplicant's request $194 Resubmittal fees for original Zoning Map Amendment fee of $2,866 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1.344 Resubmittal fees for original Special Use Permit fee of $3,763 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) 1 $1,881 The full list of fees can be found in Section 35 of the Albemarle County Zoninf4 Ordinance. Zoning Map Amendment Application Revised 4/23/2018 Page 5 of 5 1 PROJECT MANAGEMENT CIVIL ENGINEERING ,'''' LAND PLANNING ENGINEERING 1., t ZMA2018- Narrative Statement I Chesterfield Landing Phase III TMP 56-37,56-37A Project Proposal Red Dirt Development, LLC ("the applicant") is the contract purchaser of property located in Albemarle County, Virginia (the "County") designated on County Tax Maps as parcels 05600-00-00-03700 and 05600-00-00-037A0 (collectively, "the property"). The property is approximately 10.47 acres in the aggregate. The applicant requests to rezone the property from R-1 residential to R-4 residential with cluster provisions to allow for approximately twenty- three(23)single family detached units. The property is located near the intersection of Oxbow Dr. and Crozet Ave in Crozet, a designated Growth Area within Albemarle County. ACREAGE EXISTING COMP PLAN ZONING DESIGNATION Parcel 37 8.86 R-1 Neighborhood Density (3-6) Parcel 37A 1.61 R-1 Neighborhood Density (3-6) TOTAL: 10.47 The project is Phase Ill of the Chesterfield Landing subdivision. Phase I of this subdivision is nearing build-out and Phase II is nearing completion of initial construction. The property currently has three dwellings on site which would be demolished to allow for a residential development that is more consistent with density recommendations for the site. Consistency with the Comprehensive Plan The comprehensive plan identifies the developable area of the parcels as neighborhood density residential, recommending a density of three (3) to six (6) dwelling units per acre. The project proposal for approximately 23 single family units is consistent with the recommended density on the site. The proposed number of units on the site is consistent with both the Comprehensive Plan density recommendation and with the density regulations for the R- 15 zoning district. The project proposal is consistent with Comprehensive Plan recommendations to concentrate development in the development areas. Development in the development areas alleviates pressure to develop in the rural areas. Environmental regulations in place ensure the development will not disturb environmentally protected areas of the site. Preservation of these environmentally sensitive areas ensures residents in the development areas have access to nature and greenspace. Impacts on Public Facilities&Public Infrastructure The proposed development will connect to public water and sewer. The development will be accessed by a new road to be dedicated as public right-of-way. PROJCIVIECTL MANAGEMENTENGINEERING ''" LAND PLANNING ENGINEERINGkl Impacts on Environmental Features All design and engineering for improving the property will comply with applicable County and State regulations. There are various environmentally protected features on the property including preserved slopes, floodplain, and stream buffer. Proposed Proffers to Address Impacts At this time, a written proffer statement is not included with this application. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Memorandum To: Justin Shimp (Justin ,shimp-en ineerin .com) ; Kelsey Schlein (kelsey - shimp-en 'neerin com) From: Cameron Langille Date: November 8, 2018 Subject: Mandatory Pre -Application Meeting for TMP 05600-00-00-03700 and TMP 05600-00-00-037AO on 11-5-2018 The following are County staff comments regarding the above noted pre -application meeting. This meeting satisfies the requirement for a pre -application meeting prior to submittal of a zoning map amendment (ZMA) application. The purpose of for the meeting can be found in Section 33.14 of the Zoning Ordinance and are italicized below, followed by staff comments: (i) provide the applicant and the county a common understanding of the proposed project; The applicant is proposing a zoning map amendment to rezone TMPs 56-37 and 56-37A from the R-1 Residential Zoning District to the R-4 Residential Zoning District. TMP 56-37 measures 8.857 acres, is zoned R-1 Residential, and is located on the east side of Crozet Avenue. An existing private street easement is located within the property that provides access to TMP 57-36AO from Crozet venue. The street is identified as Longmont Drive and was recorded as a private street on a plat in Deed Book 984, page 68. The property is currently occupied by two detached single-family structures with property addresses of 5680 Longmont Drive and 5661 Longmont Drive. All portions of the parcel are within the Entrance Corridor (EC) Overlay District. There are areas within the Managed and Preserved Steep Slopes Overlay District, as well as Flood Hazard Overlay District along the northern property boundary adjacent to Lickinghole Creek. TMP 56- 37 contains a Water Protection Ordinance (WPO) stream buffer along the northern property boundaries adjacent to Lickinghole Creek. Portions of TMP 56-37 are within a State Dam Break Inundation Zone (DBIZ). The DBIZ is the TMP 56-37A measures 1.61 acres, is zoned R-1 Residential, and is located on the east side of Crozet Avenue. It was created through a family subdivision plat approved by Albemarle County in March 1988 and recorded in Deed Book 984 page 65-69 (page 68 plat). It is currently occupied by one detached single-family structures with a property address of 5651 Longmont Drive. There are areas within the Preserved Steep Slopes Overlay District, as well as Flood Hazard Overlay District along the northern property boundary adjacent to Lickinghole Creek. TMP 56-37A contains a Water Protection Ordinance (WPO) stream buffer along the northern and northeastern property boundaries adjacent to Lickinghole Creek. As stated by the applicant during the meeting, the applicant proposed to demolish the three existing single family homes on both subject properties. The proposed zoning map amendment would either i) rezone the developable portions of both properties to R-4 Residential or ii) rezone the entirety of both properties to R-4 Residential. This is in order to allow development of the parcels into a new 22 -lot single-family detached residential subdivision following the Standard Level Cluster Development area and bulk regulations pursuant to Section 18-15.3 of the Zoning Ordinance. One of the new parcels (identified as Lot 1 on the attached sketch drawing) will be accessed from a new driveway off of Crozet Avenue. The other 21 parcels would be accessed by a new public street connecting to Oxbow Drive (public street) in the adjacent Chesterfield Landing subdivision to the south Pursuant to Section 18-2.2.3 of the Zoning Ordinance, the applicant proposes to create a minimum of twenty-five (25) percent of the total land area of the cluster development as common open space, subject to section 4.7, regulations governing open space in order to develop as a Standard Level Cluster Development. 1. Section 33.15 - Application for a zoning map amendment 2. Section 15.2.1 (4) — By -Right (Cluster development of permitted residential uses) 3. Section 2.2 — Cluster Developments (ii) Inform the applicant about the proposed project's consistency with the Comprehensive Plan, other relevantpolicies, and County regulations, TMP 56-37 is located in the Crozet Development Area. The Crozet Master Plan and Comprehensive Plan designate the future land use classification of TMP 56-37 as primarily Greenspace (approximately 4.757 acres), with a secondary land use category of Neighborhood Density Residential (approximately 4.1 acres). Open space is a land use consistent with the Greenspace designation called for by the Comprehensive Plan. Single-family detached residential cluster developments are consistent with the Neighborhood Density Residential designation as long as their net residential density is between 3-6 du/acre. TMP 56-37A is located in the Crozet Development Area. The Crozet Master Plan and Comprehensive Plan designate the future land use classification of TMP 56-37A as primarily Greenspace (approximately 1.09), with a secondary land use category of Neighborhood Density Residential (approximately 0.52 acres). Open space is a land use consistent with the Greenspace designation called for by the Comprehensive Plan. Single-family detached residential cluster developments are consistent with the Neighborhood Density Residential designation as long as their net residential density is between 3-6 du/acre. Proposals for development in the designated Development Areas are evaluated for conformity with the Neighborhood Model. Applicable principles are mixture of housing types and affordability; redevelopment; relegated parking, parks; recreational amenities, and open space; interconnected streets and transportation networks; and respecting terrain and careful grading and re -grading of terrain. The applicant should provide a project narrative explaining how the projects is consistent with the Comprehensive Plan and Neighborhood Model Principles. o Please explain whether any affordable units are proposed within the project. o Please explain how site grading will be performed in order to minimize grading and land disturbances within the Preserved Steep Slopes Overlay District. (iii) Broadly identify the planning, zoning and other issues raised by the application that need to be addressed by the applicant As discussed with the applicant during the mandatory preapplication meeting, the ZMA application will be strengthened if the applicant chooses to proffer a concept plan of the proposed development. The concept plan should show the proposed internal transportation network, as well as a general block layout where new residential lots will be created that is consistent with the boundaries of the Neighborhood Density Residential land use areas designated by the Comprehensive Plan. Proposed open space areas should be consistent with the boundaries of the Greenspace land use areas designated by the Comprehensive Plan. o The applicant may choose to proffer a minimum and/or maximum number of dwelling units and types of dwelling units and other uses as part of the ZMA application. This can be done as notes on any concept plan, or as a written proffer statement. o Proposed open space that will be provided in order to meet the minimum requirements for cluster developments should be shown and noted as either private or dedicated to public use. Per discussion at the preapplication meeting, the applicant stated that the open space will be under private ownership of the lot owners in the new subdivision. o Please be aware that if the ZMA only proposes to rezone a portion of both parcels to R4, the minimum amount of open space required for a cluster development must be contained within the R-4 zoning district. No required open space can be proposed in the R-1 Zoning District. A topographic survey that delineates the metes and bounds of the managed and Preserved Steep Slopes Overlay Districts, the Flood Hazard Overlay District, and the Water Protection Ordinance (WPO) 100' stream buffers will assist staff with evaluating the proposal. Acreage figures and calculations of each features will also help identify areas suitable for development as single family lots and open space. In accordance with Section 4.7 (c)(3) of the Zoning ordinance, there is a limitation on the amount of certain environmental features that can be within the required 25% open space of the cluster development. Showing these features on a concept plan will help staff verify that the subdivision design will contain at least 20% of open space land outside of those features. This will strengthen the application. - As stated by VDOT staff, a turn lane warrant analysis may be needed in order to ascertain whether a new turn lane is needed along Crozet Avenue at the intersection with Watervale Drive. Will the new lots proposed by the development trigger upgrades to that intersection? Please provide additional information on this matter as part of the ZMA application. - Will the existing private street easement and right-of-way for Longmont Drive be vacated prior to development of the project? Please address this in the ZMA project narrative. - Please contact Shawn Maddox, smaddox(&albemarle.org, with the Albemarle County Department of Fire and Rescue regarding emergency access points into the new subdivision. It is possible that a second connection into the new single family cluster development may be needed based on the number of parcels along Watervale Drive and Oxbow Drive in Chesterfield landing. Providing documentation from Fire and Rescue staff that a single access point is acceptable with strengthen the ZMA application. In accordance with Sections 307.1, 318, and 441 of the Subdivision Ordinance, there are requirements that must be addressed during subdivision plat review related to the DBIZ on both parcels. Staff suggests providing information on the proposed impact to the dam that would result from the future subdivision. As part of the ZMA package, the application will be strengthened if the applicant can provide correspondence from DCR related to any preliminary analysis of the subdivision's impact to the DBIZ. If there will be impacts, the ordinance requires several items to be addressed during the final plat review. It is possible that DCR may not approve the proposed development if impacts will result. This includes the following provisions from the Subdivision Ordinance: 0 14-318: Submittal of an Engineering study and mapping information to the Virginia Department of Conservation and Recreation (DCR) if the development will change the spillway design flood standards of an impounding structure pursuant to Virginia Code § 10.1-606.3. 0 14-318: The subdivider shall provide the dam owner, the county, and any other affected localities with information necessary for the dam owner to update the dam break inundation zone map to reflect any new development within the dam break inundation zone following completion of the development. 0 14-441: If DCR determines that the plan of development would change the spillway design flood standards of the impounding structure, payment for portion of necessary upgrades of the affected dam must be paid before any development within a dam break inundation zone, in accordance with the provisions of the Subdivision Ordinance. - As stated in Engineering Division comments (attached) please show both the floodway and floodplain limits on the conceptual plans to verify that lots and improvements will be outside of these features and not cause any grading impacts prohibited by FEMA regulations and County Code. (iv) Inform the applicant about the applicable procedure • A Community Meeting is required as part of the review of the rezoning request. It is preferred that the community meeting be held in conjunction with a Crozet Community Advisory Committee meeting. This CAC generally meets on the third (3rd) Wednesday of each month at 7 PM in the Crozet Library. You are responsible for setting up that meeting with staff and the CAC chair, Allie Pesch. This meeting should be held, if possible, within 30 days from the date the rezoning is submitted, and can be held prior to the submittal of the rezoning application. Adjacent property owners and neighborhoods (and the Coordinating Reviewer/planner) should receive advance notification of this meeting (date/time/location). • Staff will provide a template for the Community Meeting invitation letter during review of the ZMA application. (v) Identify the information the applicant must submit with the application pursuant to Sections 33.16 through 33.19. • See attached ZMA Checklist. If you have any further questions, please contact me at 434.296.5832 ext. 3432 or blaneille(&albemarle.org. Sincerely, L" �'J';kf Cameron Langille Senior Planner Attached: A) Sketch Drawing provided by applicant B) ZMA Application C) Community Meeting Guidelines D) Community Meeting Invitation Letter Template E) ZMA Checklist F) Adjacent Owner Mailing Addresses for Community Meeting (500 ft. Radius) Cameron Langille From: Frank Pohl Sent: Monday, November 05, 2018 4:17 PM To: Justin Shimp, P.E. Cc: Cameron Langille Subject: Chesterfield Landing Phase 3 - pre -app Attachments: Floodmap.pdf Justin, Please show both the floodway and floodplain limits. Refer to attached map. I mentioned in the pre -app to adjust the floodplain limits based on existing grades, however, I suggest sticking with the mapped limits. I don't think the map affects the development so this shouldn't be an issue. If it is, let me know and we can discuss what to do. Thanks, Frank Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) 1 Chesterfield Landing - Pre -App November 5, 2018 1:2 257 0 0.01 0.02 0.04 mi Jurisdictional � Area of Minimal . 0 00175 0.095 0.07 km Boundary Flood Hazard Source: Esr4 DigitalGlobe, Flood Insurance 0.2% Annual Geo Eye, EarthstarGeographics, ONES/Airbus DS, USDA,USGS, Rate Map Chance Flood AeroGRID, IGN, andthe GIS User commurity (FIRM) Hazard Base Flood Elevation created from the V FRIS Map Viewer Cross-Section (cmap2.vims.ed WVa Ftood RiskHfris2.html) v Regulatory -� Floodway Center for % Annual Coastal Re s1 Ma agement �/ Chance Flood VipM-in¢ -of Marina S-nce Hazard (all A and V zones) ODCR W, Wi DepartmentolCansenetkm SRegeatgn County of Albemarle Department of Community Development Memorandum To: Cameron Langille, Senior Planner From: Amelia McCulley, Zoning Administrator and Kevin McCollum, Planner Division: Zoning Date: 11/9/2018 Subject: Mandatory Preapplication Meeting Comments for PPREAPP201800118 I Chesterfield Landing Phase III TMP 56-37 and 56-37A I Shimp Engineering The following comments are provided as input from the Zoning Division regarding the above noted mandatory pre -application meeting. 1. Proposal — ZMA from R-1 to R-4 The proposal is to rezone the subject parcels from R-1 Residential to R-4 Residential with cluster provisions to allow for 22 single family dwellings. The combined acreage of the properties totals 10.47 acres. The development will be accessed through the existing Chesterfield Landing development to the south. 2. To achieve cluster development status, in order to have no minimum lot size, a minimum of twenty-five (25) percent of the total land area of the cluster development shall be in common open space, subject to section 4.7, regulations governing open space (Section 2.2.3 of the Zoning Ordinance). Not more than eighty (80) percent of the minimum required open space shall consist of the following: (i) land located within the one -hundred year flood plain; (ii) land subject to occasional, common or frequent flooding as defined in Table 16 Soil and Water Features of the United States Department of Agriculture Soil Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985; (iii) critical or preserved slopes; and (iv) land devoted to storm water management facilities or flood control devices, except where the facility or feature is incorporated into a permanent pond, lake or other water feature deemed by the agent to constitute a desirable open space amenity (Section 4.7.c of the Zoning Ordinance) 3. Plan for ZMAs The plan shows the layout of the 21 lots, general single family house footprints (22 lots on the newest submittal), and location of the roads. b. The plan needs to show the land that will be dedicated as open space. 4. Lot along Crozet Ave a. You need to decide whether or not this lot will be included in the Rezoning. This lot could potentially influence access and dedication of required open space for the cluster development status. This lot can be achieved through a BLA of 56-37 which could then maintain its R-1 status and the remainder of the newly defined 56-37A will be the parcel that is rezoned. If the property is only partially rezoned, we will need a survey to be submitted with the rezoning application. 5. Process — regarding completeness of the application a. Provide a completed application. Make sure all boxes are checked and you have provided the information noted on the application by that checkbox. ZMA Application link http://www.albemarle.org/upload/images/forms center/departments/Com munity Development/forms/Zoning Map Amendment Applications/Zonin q Map Amendment Application pdf The ZMA checklist is needed. It will need to be the copy of the checklist provided to you with the mandatory comments not one filled out only by YOU. c. Provide a recorded plat of the property with the Deed Book & Page #. d. Please note that all real estate taxes, nuisance charges, storm water management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle must be paid prior to accepting the application. e. The appropriate signature of the owner, the owner's agent, or a contract purchaser. If either the owner's agent or a contract purchaser signs the application then include the owner's written consent that the agent or contract purchaser may file the application on their behalf. See below for applicable signature requirements for ownership not in the name on an individual person or persons. Stock corporations Authorized signatories: The authorized signatories are: (1) the board of directors; (2) any person in the corporation expressly authorized by the board of directors to complete prescribed acts on behalf of the corporation (Virginia Code § 13.1-673); (3) a committee of the board of directors (Virginia Code § 13.1-689); or (4) a corporate officer as provided in the by-laws or in a resolution of the board of directors (Virginia Code § 13.1-694). Supporting documentation: The supporting documentation is: (1) for a board of directors, the articles of incorporation or a shareholders agreement may limit the board's statutory authority (Virginia Code § 13.1-673); (2) for a person expressly authorized by the board of directors, written evidence of that authorization, such as a board resolution or board minutes; (3) for a committee, an action of the board of directors authorizing the committee to act; the articles of incorporation or the by-laws may limit the statutory authority (Virginia Code § 13.1-689); (4) for a corporate officer, the by-laws or the delegating resolution of the board of directors (Virginia Code § 13.1-694). Nonstock corporations Authorized signatories: The authorized signatories are: (1) the board of directors; (2) any person in the corporation expressly authorized by the board of directors to complete prescribed acts on behalf of the corporation (Virginia Code § 13.1-853); (3) a committee of the board of directors (Virginia Code § 13.1-869); or (4) a corporate officer as provided in the by-laws or in a resolution of the board of directors (Virginia Code § 13.1-872). Supporting documentation: The supporting documentation is: (1) for a board of directors, the articles of incorporation and the by-laws, the latter of which may include a member or director agreement, may limit the board's statutory authority (Virginia Code §§ 13.1-852.1, 13.1-853); (2) for a person expressly authorized by the board of directors, written evidence of that authorization such as a board resolution or board minutes; (3) for a committee, an action of the board of directors authorizing the committee to act; the articles of incorporation or the by-laws may limit the statutory authority (Virginia Code § 13.1-869); (4) for a corporate officer, the by-laws or the delegating resolution of the board of directors (Virginia Code § 13.1-872). Limited liability companies ("LLCs") Authorized signatories: The authorized signatories are: (1) if the LLC is not a manager - managed LLC, any member; (2) if the LLC is a manager -managed LLC, the manager or any member unless the articles of organization limit the members' authority (Virginia Code § 13.1-1021.1(A)); or (3) unless otherwise provided in the articles of organization or an operating agreement, the members have the power and authority to delegate to one or more other persons, including agents, officers and employees of a member or manager of the LLC, members' rights and powers to manage and control the business affairs of the LLC, and to delegate by a management agreement or other agreement with, or otherwise to, other persons (Virginia Code § 13.1-1022(D)). Supporting documentation: The supporting documentation is the articles of organization (Virginia Code § 13.1-1021.1(A) and when the power is delegated to someone other than a manager or a member, also the operating agreement and, if applicable, any other agreement (Virginia Code § 13.1-1022(D)). Partnerships Authorized signatories: The authorized signatories are: (1) if the land is held in the name of the partnership, by any partner; (2) if the land is held in the name of a partner, but the instrument transferring to the partner indicates the partner's capacity as a partner or the existence of a partnership, but without identifying the partnership, by the partner in whose name the property is held; (3) if the land is held in the name of a person, who is a partner, but the instrument transferring to the person does not indicate the person's capacity as a partner or the existence of a partnership, by the person in whose name the property is held (Virginia Code § 50-73.92). Supporting documentation: The supporting documentation is the statement of partnership authority, which may limit the authority of one or more partners (Virginia Code § 50-73.93). Limited partnerships Authorized signatories: The authorized signatories are any general partner (Virginia Code § 50-73.29). Supporting documentation: The supporting documentation is the partnership agreement, or amendments thereto, which may limit the authority of one or more general partners (Virginia Code § 50-73.29). Unincorporated churches and other religious bodies Authorized signatories: The authorized signatories are: (1) all trustees who hold title to the property (Virginia Code §§ 57- 8 and 57-15(A)); (2) the authorized signatory of a corporation created pursuant to Virginia Code § 57-16.1 to hold, administer and manage its real or personal property (Virginia Code § 57-15(B)(il)); or (3) a bishop, minister or ecclesiastical officer (Virginia Code § 57-16). Supporting documentation: The supporting documentation is: (1) for trustees, an authorizing court order (Virginia Code § 57-15(A)); (2) for the corporation holding title, the appropriate corporate documents (see, e.g., section 3, above) or; (3) for a bishop, minister or ecclesiastical officer, the laws, rules or ecclesiastical polity of the entity that authorizes the person to hold, improve, mortgage, sell and convey the property (Virginia Code § 57-16). Comment: The terms describing the various types of entities (churches, religious congregations, and religious societies) are not defined by statute. The Virginia Supreme Court has said that Virginia Code §§ 57-7.1 through 57-17 encompass property held for the benefit of a local congregation, as opposed to property held by a larger hierarchical body. Norfolk Presbytery v. Bollinger, 214 Va. 500 (1974). Incorporated churches and other religious bodies Authorized signatories: The authorized signatories are: (1) all trustees who hold title to the property (Virginia Code §§ 57- 8 and 57-15(A)); (2) the authorized signatory of a corporation created pursuant to Virginia Code § 57-16.1 to hold, administer and manage its real or personal property (Virginia Code § 57-15(B)(ii)); or (3) a bishop, minister or ecclesiastical officer (Virginia Code § 57-16). Supporting documentation: The supporting documentation is: (1) for trustees, an authorizing court order (Virginia Code § 57-15(A)); (2) for the corporation holding title, the appropriate corporate documents (see, e.g., section 3, above) or; (3) for a bishop, minister or ecclesiastical officer, the laws, rules or ecclesiastical polity of the entity that authorizes the person to hold, improve, mortgage, sell and convey the property (Virginia Code § 57-16). Comment: In 2005, Virginia Code § 57-15 was amended to allow religious organizations to incorporate. Virginia Code § 57-15(B)(i) authorizes trustees, as an alternative to holding, administering and managing property in the name of the trustees, to incorporate the church or religious body and to transfer the title of the real and personal property held by them to the incorporated church or religious body. Land trusts Authorized signatory. The authorized signatories are all trustees who hold title to the property (Virginia Code § 55-17.1); provided (1) if a co -trustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining co -trustee or a majority of the remaining co - trustees may act for the trust ( Virginia Code § 64.2-756(D)); and (2) a trustee may delegate to a co -trustee the performance of any function other than a function that the terms of the trust expressly require to be performed by the trustees jointly (Virginia Code § 64.2-756(E)). Supporting documentation: The supporting documentation is the deed of conveyance to the trustees and the trust instrument (Virginia Code § 55-17.1). Land held under the Virginia Uniform Transfers to Minors Act Authorized signatory: The authorized signatory is the custodian (Virginia Code § 64.2-1912). Supporting documentation: The supporting documentation is the instrument evidencing the transfer to the custodian under the Virginia Uniform Transfers to Minors Act (Virginia Code § 64.2-1909). Unincorporated bodies or societies who acquire land for charitable purposes Authorized signatories: The authorized signatories are all trustees who hold title to the property (Virginia Code § 57-18, which incorporates Virginia Code §§ 57-8 and 57-15 by reference). Supporting documentation: The supporting documentation is the authorizing court order (Virginia Code § 57-18). Benevolent associations (such as armed forces veterans associations, Freemasons, Odd Fellows and other fraternal organizations) Authorized signatories: The authorized signatories are all trustees who hold title to the property (Virginia Code § 57-19, which incorporates Virginia Code §§ 57-8 and 57-15 by reference). Supporting documentation: The supporting documentation is the authorizing court order ( Virginia Code § 57-19). CONVENTIONAL DISTRICT 0 AI Bid ZONING MAP AMENDMENT CHECKLIST for 0 Conventional Rezoning of TMP 05600-00-00-03700 and TMP 05600-00-00-037AO on 11-5-2018 I Rezoning From R-1 Residential to R-4 Residential IRGINZA Project Name / Tax Map Parcel Number (CONVENTIONAL ZONING DISTRICTS - RA, VR, R-1, R-2, R-4, R-6, R-10, R-15, C-1 CO, HC, LI, HI, DCD) After the mandatory pre -application meeting, county staff will mark this checklist appropriately so that it is clear to the applicant the information from Section 33.4 (c) that must be submitted with the official application Required for Provided with application? application (County Staff) (Applicant) SECTION 33.4(c) X X YES NO x A narrative of the project proposal, including its public need or benefit; x A narrative of the proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; x A narrative of the proposed project's impacts on public facilities and public infrastructure. x A narrative of the proposed project's impacts on environmental features. A narrative of the proffers proposed to address impacts from the proposed project. x One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions; x A conceptual plan showing, as applicable: x 1) the street network, including ❑ circulation within the project and a/ ❑ connections to existing and proposed or planned streets within and outside of the project; x 2) typical cross-sections to show )l I h ❑ proportions, CONVENTIONAL DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 1 of 2 Please note: There are additional submittal requirements outlined on the official application for a Zoning Map Amendment. Read and Sign I hereby state that, to the best of my knowledge, the official application submitted contains all information marked on this checklist as required for application. Sig ature of person co pleting this checklist Print Name J ) 431 Date Daytime phone number of Signatory CONVENTIONAL DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 2 of 2 ❑ scale and ❑ streetscape/cross-sections/circulation; x 3) the general location of pedestrian and bicycle facilities; x 4) building envelopes; x 5) parking envelopes; x 6) public spaces and amenities; x 7) areas to be designated as conservation and/or preservation areas; x 8) conceptual stormwater detention facility locations; x 9) conceptual grading; x Other special studies or documentation, if applicable, and any other information identified as necessary by the county on the pre -application comment form. • OBIZ Impact studv x A local traffic impact statement as required by Virginia Code § 15.2-2222.1 and 24 VAC 30-155-40. Please note: There are additional submittal requirements outlined on the official application for a Zoning Map Amendment. Read and Sign I hereby state that, to the best of my knowledge, the official application submitted contains all information marked on this checklist as required for application. Sig ature of person co pleting this checklist Print Name J ) 431 Date Daytime phone number of Signatory CONVENTIONAL DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 2 of 2