HomeMy WebLinkAboutSP201800016 Review Comments Special Use Permit 2018-12-21COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 21, 2018
Mr. Justin Shimp, P.E. — Shimp Engineering
912 East High Street, Charlottesville, VA 20902
(434)-227-5140 / justinkshimp-en ine�ering co
EcoVillage Holding Inc. — c/o Mr. Tom Hickman
480 Rio Road East, Charlottesville, VA 22901
(434)-989-7083 / thickman56ggmail.com
RE: Review Comment Letter #2 for SP-2018-00016 (EcoVillage Charlottesville — Steep Slopes)
Mr. Shimp and Mr. Hickman:
Your request for Special Use Permit SP-2018-00016 (EcoVillage Charlottesville — Steep Slopes) has been
reviewed by members of Albemarle County staff and our partner agencies.
Review comments are provided below, organized by Department, Division, or agency. Planning staff will
be preparing a staff report, including staff analysis and recommendations, for delivery to the Planning
Commission prior to the public hearing scheduled with the Commission on January 15, 2019. That staff
report will be available for your review no later than January 8, 2019.
As always, CDD staff remain available to provide assistance and discuss this comment letter, and any other
aspect(s) of your application, at your request. Please contact me with any questions and/or requests for
assistance you may have. I can be reached at tpadalino(abalbemarle.org or 434-296-5832, ext. 3088.
Sincerely,
Tim Pa alino, AICP I Senior Planner I Planning Services Division
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Planning:
In consultation with County staff and partner agencies, Planning staff has identified issues and questions
that you should be aware of; we remain available to assist you in addressing and resolving these issues.
General Comments:
• Intent of Steep Slopes Overlay District:
o When evaluating the appropriateness of the proposed disturbance of preserved steep slopes in
isolation (as opposed to evaluating it in combination with other elements of the overall proposed
development), Staff continues to have some concerns relative to the "purpose and intent"
contained in Z.O. Section 30.7.1.
o Staff acknowledges that the resubmittal application materials contain conceptual proposals for
incorporating "appropriate consideration and care" into the proposed disturbance of preserved
steep slopes, particularly with regards to stormwater management issues. Specifically, the
"Supplementary Documentation" packet contains information about existing stormwater
management conditions and issues, as well as proposed mitigation practices that could be
incorporated into the proposed project to protect downstream lands and waterways and (in
particular) moderate excessive stormwater runoff. Staff believes there is an opportunity to
potentially create a net positive effect on the overall stormwater management issues in the
immediate vicinity, if the proposed disturbance of preserved steep slopes is approved, and if
sufficient mitigation practices (such as those partially outlined in the resubmittal materials) is
implemented. However, staff also acknowledges and brings attention to the strong potential for
this proposed new entrance and access way, and associated tree clearing and grading activity, to
exacerbate an already problematic stormwater situation if not carefully mitigated.
Separate from stormwater management, staff also believes there are other issues which require
"appropriate consideration and care," such as issues of grading and re -grading, and in particular
the removal of existing vegetation on the existing preserved steep slopes. More specifically,
staff believes it is necessary to demonstrate how landscaping could be used to mitigate potential
impacts created through the disturbance of preserved steep slopes and the removal of the
vegetation on those preserved steep slopes (such as rapid or large-scale movement of soil and
rock, or both; excessive stormwater runoff; the degradation of surface water flowing towards
nearby Meadow Creek; and diminishment of the character and beauty of the steep slopes along
this heavily -travelled corridor within the development area).
Therefore, staff recommend and request additional information (such as a conceptual
landscaping plan and planting schedule showing the types, species, approximate quantity, and
size of any proposed landscaping materials) in order to demonstrate "appropriate consideration
and care" for the mitigation of proposed grading and the associated removal of vegetation.
o Staff acknowledges that some of these details will be addressed at an appropriate scale and level
of detail through the preparation and submittal of the required WPONSMP Plan, and through
the preparation and submittal of a Final Site Plan.
• Permissibility and Appropriateness of Proposed Disturbance for "Private Facilities":
o Per Z.O. 30.7.4.b.2, a two-step evaluation is required to determine if the proposed special use
is potentially permissible in the Steep Slopes (Preserved) Overlay District. The question of
permissibility includes an evaluation of (eligibility) and (necessity), pursuant to Z.O.
30.7.4.b.2.1, which states the following:
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"The only use permitted by special use permit on preserved slopes are private facilities such as
accessways, utility lines and appurtenances, and stormwater management facilities, not
otherwise permitted by right under subsection (b)(1)(e), where the lot does not contain adequate
land area outside of the preserved slopes to locate the private facilities. "
o (Entrance and Access Way): Zoning staff have concluded that the proposed new entrance
required for the proposed use is an eligible "private facility." Separately, it must also be clearly
demonstrated that it is necessary to locate the proposed new entrance within the preserved steep
slopes because the lot otherwise does "not contain[ing] adequate land area outside of the
preserved slopes to locate the private facilities."
County staff acknowledge that VDOT has reviewed the existing entrance location as well as the
proposed new entrance location. Staff further acknowledges that VDOT has stated (in an
Interdivisional Meeting conducted on 12/5/2018) that the use of the existing entrance for the
proposed change in use is not acceptable, and that the proposed relocation of the entrance and
access way (which would constitute the vast majority of the proposed disturbance of preserved
steep slopes) is appropriate.
o (Parking): Zoning staff have concluded that the proposed private parking areas required for the
proposed use are an eligible "private facility." Separately, it must also be clearly demonstrated
that it is necessary to locate private facilities proposed pursuant to Z.O. 30.7.4.b.2.1 within
preserved steep slopes because the lot otherwise does "not contain[ing] adequate land area
outside of the preserved slopes to locate the private facilities."
The project narrative indicates that EcoVillage's proposed alternative combination and
configuration of residential lots, "pedestrian streetscapes," non -vehicular circulation features,
and common open space features — combined with the approximately seventy (70) feet of grade
change that is not within the steep slopes overlay district — necessitates the location of private
parking spaces on the periphery of the site, thereby resulting in minor disturbance of preserved
steep slopes.
At an Interdivisional Meeting conducted on 12/5/2018, an evaluation of this issue by the County
Engineer, CDD-Zoning staff, and CDD-Planning staff led to the conclusion that the proposed
private facilities do not necessarily need to be sited in the proposed locations that require
disturbance within the Steep Slopes (Preserved) Overlay District. There could still be reasonable
use(s) of the property without siting the private facilities (and specifically the access road /
private street and the parking areas) in locations that require disturbance within the Steep Slopes
(Preserved) Overlay District.
However, staff acknowledge that the specific overall proposed site layout and configuration of
proposed uses and improvements, combined with the site -specific constraints and features, give
rise to the need for another (more nuanced) layer of evaluation. Using a broader contextual
evaluation, it could be argued that the proposed private facilities (and specifically the proposed
parking areas) do need to be sited in locations that require disturbance of preserved steep slopes,
in order to achieve the specific overall development proposal that is shown on the conceptual
plan (SDP-2018-00056), and which is consistent with Future Land Use Plan designations and
which supports and advances numerous Comprehensive Plan recommendations, as described in
more detail below (pages 5-6).
• Characteristics of Preserved Steep Slopes which are Proposed to be Disturbed:
o Staff believes the steep slopes on Tax Map Parcel #61-210 have characteristics of "preserved"
steep slopes as well as characteristics of "managed" steep slopes, as defined in Z.O. 30.7.3.
Additional evaluation of the characteristics of the existing steep slopes on the subject property
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will be provided in the staff analysis contained in the staff report that is being prepared for the
1/15/2019 Planning Commission public hearing.
Conceptual Plan:
o The corresponding Initial Site Plan (SDP-2018-00056) was used as the "conceptual plan" for this
special use permit application. Although these are separate applications, the special use permit
and the initial site plan have a fundamental interdependence. Potential revisions to the site plan
will substantially affect the special use permit proposal, and vice versa. If any revisions to the
site plan are anticipated, especially those involving the entrance, access road, stormwater
management, and/or preservation ("maintenance") of wooded areas, it would be critically
important to consider such changes during the evaluation of the special use permit.
o There is a similar interdependence with the (impending) Water Protection Ordinance Plan.
Grading and stormwater management issues which will be dealt with in full detail on the
WPONSMP Plan may substantially affect the special use permit proposal (and staff evaluation
of it), and vice versa.
o As noted above (page 2), staff acknowledges the materials contained in the "Supplementary
Documentation" which show and describe proposed strategies to mitigate and improve
stormwater management issues. Please also provide additional information (in narrative and
graphic format) to identify any other proposed practices to further mitigate the proposed
disturbance of preserved steep slopes and associated removal of existing vegetation, either
through landscaping or other materials or methods. Specifically, staff believes a conceptual
landscaping plan and planting schedule showing the types, species, approximate quantity, and
size of any proposed landscaping materials should be provided to demonstrate "appropriate
consideration and care" for the mitigation of proposed grading and removal of vegetation.
• Special Use Permit Evaluation Criteria ("Factors to be Considered"):
o Please note that your application for SP-2018-00016 will also be evaluated relative to the factors
identified in Z.O. Section 33.40.B.(1-4) (see below). This evaluation will be contained in the
staff report for the PC public hearing on 1/15/2019.
1. No substantial detriment. Whether the proposed special use will be a substantial detriment
to adjacent parcels.
2. Character of the nearby area is unchanged. Whether the character of the adjacent parcels
and the nearby area will be changed by the proposed special use.
3. Harmony. Whether the proposed special use will be in harmony with the purpose and intent
of this chapter, with the uses permitted by right in the district, with the regulations provided
in Section 5 as applicable, and with the public health, safety, and general welfare.
4. Consistency with the Comprehensive Plan. Whether the proposed special use will be
consistent with the Comprehensive Plan.
Community Meeting:
Staff acknowledge that the required Community Meeting was conducted at the County Office Building, in
conjunction with the Places29-Rio Community Advisory Committee regular meeting on Thursday,
September 27. The community meeting included discussion of the following questions, issues, and
concerns:
■ Stormwater Management: Current conditions include significant issues with stormwater runoff
affecting downslope properties. Concerns were raised about the potential for this proposed new
entrance and access way, and associated tree clearing and grading activity, to exacerbate an already
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problematic stormwater situation. Discussion also included the possibility of using the proposed
disturbance as an opportunity to address and improve the stormwater runoff situation in that
immediate vicinity. The applicants expressed their willingness to coordinate with neighbors and
address concerns, including the intention to "over -spec" the underground stormwater retention
equipment in order to capture and retain more stormwater on site than would otherwise be required.
■ Access and Connectivity: Questions were raised about the northern "emergency" vehicular access,
and also about the proposed public connection(s) through the site (including if the connection
would accommodate bicycles or just pedestrians).
Comprehensive Plan:
Comments on how your proposal generally relates to the Albemarle County Comprehensive Plan (Comp
Plan) are provided below. Additional detailed analysis regarding conformity with the Comp Plan will be
provided to the PC and BOS as part of the staff report for the PC public hearing on 1/15/2019.
— The property is located within a portion of the County that is included in the Places 29 Master Plan. The
subject properties are designated for "Neighborhood Density Residential" future land uses, which envisions
single-family detached and attached housing with a gross density range between 3-6 units/acre.
— The proposed disturbance of preserved steep slopes in order to locate and develop private facilities for the
proposed development is an activity that would be inconsistent with certain Comprehensive Plan goals,
objectives, and/or recommendations.
o For example, Strategy 5c in the Natural Resources chapter encourages the protection of steep slopes
in the Development Areas that are shown for preservation on Master Plan maps.
— However, the proposed disturbance of preserved steep slopes in this context may potentially allow for the
overall development of the proposed EcoVillage project to be realized in ways that support and advance
other Comp Plan goals, objectives, and/or recommendations. Potential examples (subject to regulatory
review and subject to revision by the applicants) include the following:
o Enabling compact new residential development (inclusive of affordable housing) within the
Development Area, as encouraged by Strategy 1 a in the Growth Management chapter, and by
Objective 5 of the Development Areas chapter.
o Supporting site planning features that embody Neighborhood Model Principles contained in
Objective 2 of the Development Areas chapter, such as compact/cluster development and open
space; pedestrian orientation ("walking streets"); and relegated parking.
In summary: the proposal would have significant inconsistencies with the Comprehensive Plan if the
proposed disturbance of preserved steep slopes was not directly related to the overall proposed
development shown on Final Site Plan SDP201800056. However, when the proposed disturbance of
preserved steep slopes is evaluated in the context of the overall development proposal for EcoVillage —
including site -specific constraints and existing conditions, the necessity to relocate the entrance to a
different location that is acceptable to VDOT, as well as the numerous sustainable and unconventional
concepts which would embody and advance Neighborhood Model principles in the Development Areas (as
described below) — the proposal represents a complex combination of favorable and unfavorable factors
relative to Comprehensive Plan policies.
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 twelve characteristics. General comments on how well the proposed development meets
the twelve principles of the Neighborhood Model are provided below. More detailed comments on
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Neighborhood Model principles will be provided in the staff report for the PC public hearing on l/15/2019.
The only directly -applicable Neighborhood Model principle for SP201800016 is "Respecting Terrain and
Careful Grading and Re -grading of Terrain." The proposed disturbance of preserved steep slopes, when
analyzed in isolation, does not support or advance this principle — especially without more information to
demonstrate a commitment to "appropriate consideration and care" for mitigating the proposed grading
and removal of vegetation.
However, when analyzed more comprehensively in the context of the overall proposed EcoVillage
development, the relegation of vehicular parking to the outer edges of the site (and the resulting
disturbance of preserved steep slopes) helps to advance several Neighborhood Model principles, including
(but not necessarily limited to): Pedestrian Orientation; Relegated Parking; Parks, Recreational Amenities,
and Open Space; Mixture of Housing Types and Affordable Units; and Multimodal Transportation
Opportunities.
CDD-Zoning:
Written review comments have not been provided by CDD-Zoning for the resubmittal materials. However,
Principal Planner Francis MacCall verbally agreed with the County Engineer's conclusions at the end of
the group evaluation that took place in the Interdivisional Meeting conducted on 12/5/2018, when Mr.
Pohl concluded that a different site layout could allow these proposed impacts to preserved steep slopes to
be avoided (see below).
Additionally, please note that Mr. MacCall previously provided the following review comment:
"Zoning has no objection to the proposed disturbance of the preserved slopes to accommodate the
entrance, travel ways and parking for the proposed development. Review of any proposed condition(s) will
be needed prior to report to PC."
CDD-Engineering:
Written review comments have not been provided by CDD-Engineering for the resubmittal materials.
However, County Engineer verbally offered the following conclusions at the end of the group evaluation
that took place in the Interdivisional Meeting conducted on 12/5/2018:
At a conceptual level, the proposed grading is not problematic or objectionable from an
engineering perspective (as it relates to technical aspects of grading and stormwater management).
The proposed disturbance of preserved steep slopes for the proposed new entrance appears to be
necessary, in connection with VDOT standards for entrances.
However, the proposed disturbance of preserved steep slopes for the access road / private street
and for the parking areas does not appear to be necessary in the locations shown. A different site
layout could allow those proposed impacts to preserved steep slopes to be avoided.
VDOT:
No review comments for the resubmittal materials for SP201800016 have been provided by VDOT to
date. Any review comments received by VDOT will be forwarded upon receipt.
However, as noted above (page 3), County staff acknowledge that VDOT has reviewed the existing
entrance location as well as the proposed new entrance location. Staff further acknowledges that VDOT
has stated (in an Interdivisional Meeting conducted on 12/5/2018) that the use of the existing entrance for
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the proposed change in use is not acceptable, and that the proposed relocation of the entrance and access
way (which would constitute the vast majority of the proposed disturbance of preserved steep slopes) is
appropriate with regards to sight distances and stopping distances required by the recorded design speed
of vehicles using Rio Road.
VDOT also provided a comment on 10/25/2018 that the previously -provided site plan review comments
for Initial Site Plan SDP201800056 are still applicable, and must be addressed through the final site plan
review process.
Albemarle Fire -Rescue:
Shawn Maddox of Albemarle County Fire — Rescue provided the following comments on 9/19/2018:
"Fire Rescue has no objections to the special use permit application."
Action after Receipt of Comments:
Staff acknowledges that your application for SP-2018-00016 has been scheduled for public hearing by the
Planning Commission on 1/15/2019, and further acknowledges that all required legal ad notification fees
for that hearing have been paid on 12/21/2018.
Notification and Advertisement Fees:
Prior to scheduling public hearings with the Planning Commission, payment of the following fees is
necessary:
$602.00 = Cost for newspaper advertisement for Planning Commission public hearing
$215.00 = Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per
owner after 50 adjoining owners)
$817.00 = Total amount due pFioF to Planning Commission publie hearing for- SP 2018 0001-6
PAID (12/21/2018)
Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board
hearing is needed, as follows:
$602.00 = Additional amount due prior- to Board of Supervisors publie hearing for SP 2018 000166
PAID (12/21/2018)
$0.00 = Total amount of remaining fees for all notifications for SP-2018-00016
Fees paid — thank you.
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