HomeMy WebLinkAboutZMA201800018 Review Comments Zoning Map Amendment 2019-02-01COUNTY OFALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
February 1, 2019
Kelsey Schlein and Justin Shimp
Shimp Engineering
912 E High Street
Charlottesville, VA 22902
Fax (434) 972-4176
RE: ZMA2018-018 and SP2018-023 River's Edge Rezoning and Preserved Slope Disturbance
Ms. Schlein:
Staff has reviewed your initial submittal for a zoning map amendment (ZMA) and special use permit (SP) for
the River's Edge development. We have a number of questions and comments which we believe should be
addressed before we can recommend favorably on your ZMA and SP request. We would be glad to meet with
you to discuss these issues. Our comments are provided below:
Zoning Map Amendment Comments:
General Application Comments:
1. The proposed density of 65 maximum units is above the Comprehensive Plan recommendation for
density. A maximum density of 6 dwelling units per acre are recommended under the comprehensive
plan designation of Neighborhood Density Residential. Excluding the land under the Water Protection
Ordinance stream buffer, flood plain, and steep slopes, the maximum density would equate to 50
dwelling units. Revise the application to meet the comp plan recommendations for density.
2. A statement should be provided as to how the proposal specifically addresses impacts to schools,
parks, transportation, and safety (police and fire).
3. It is recommended that the current residents of the rental units be notified of the request. A community
meeting should take place directly with them if they have not been notified to date.
Application Plan:
Planning/Zoning (Megan Nedostup; Lea Brumfield):
1. Many of the requirements to be shown on the application plan for PRD per Section 33.18(B) have not
been provided. Specifically, 33.18(B)(3-8) and (11-12). Provide the minimum requirements for the
application plan, including showing where the central system/pump station will be located. The central
system was only shown on the materials for the request for the system and should be incorporated into
the rezoning application.
2. Show more clearly the environmental features including the flood plain, steep slopes, and water
protection buffer on the plan and not separate as shown on the "Comparative Maps" sheet. These
features should be compiled on one overall sheet together. The "Existing Conditions" sheet is not
clearly labeled and is confusing on which features are which and does not show the steep slopes.
Overall the plan sheets are difficult to read and interpret and the scale should be enlarged or larger
sheets should be provided.
3. The existing conditions sheets does not show the basketball/asphalt play court that is on site. Show all
existing conditions, facilities, and units.
4. Conceptual grading is only shown for the entrance road, will there be additional grading needed for the
units or the road/access further into the site? If so, show the conceptual grading for the site.
5. Indicate the type of street proposed or if it is an accessway only.
6. Accurately depict the street/accessway sections to show the current conditions on site and how the
grading will occur to widen the access. Additionally, address whether construction of the road will
require grading in the 100-year floodplain. This may be addressed by showing a plan of the proposed
road and all grading activities imposed over a plan of the 100-year floodplain.
7. A second point of access is required. See Fire/Rescue comments below.
8. The majority of the open space depicted on the plan is located on preserved slopes or within the 100-
year floodplain. Between the two parcels, the site totals 32.52 acres of land. The plan devotes 6.12
acres to the development area, with the remainder, 26.4 acres, devoted to open space. Of this total
area devoted to green space, 23.7 acres are located on preserved slopes or within the 100-year
floodplain. Per Section 18-4.7(c)(3) of the County Code, no more than 80% of the required minimum
open space (25% of the total acreage) may be located on preserved slopes or within the 100-year
floodplain. The required minimum open space is 1.62 acres. 1.79 acres is provided, meeting the
minimum.
However, sheet 4 of the Zoning Map Amendment Application Plan lists use of parcel 32-5A as "single
family." Previous discussions about this parcel noted that the single family dwellings on parcel 32-5A
might be preserved and continued to be used as residential structures. This would remove that portion
of the site from the open space provided, and the minimum open space not located on preserved
slopes or within the 100-year floodplain would not be met.
9. Building sites, including areas disturbed in the erection of buildings, may not encroach onto the
preserved slopes or into the floodplain. As currently depicted, the building sites are not shown. Depict
conceptual building sites to demonstrate the feasibility of the number of dwelling units on the described
Development Area.
10. Required recreational areas per 4.16 are not shown on the plan. Demonstrate on the plan potential
locations for a minimum of a 2,000 square foot fenced tot lot per 4.16.2. The tot lot may include
alternative play equipment, and may demonstrate "potential" locations, but the plan must demonstrate
the potential to devote 2,000 square feet to the lot in addition to the proposed building sites.
Label on the plan the open space dedicated to satisfy the requirements of 19.6.
11. Show which, if any, of the houses currently existing will be removed or remain. Previous discussions
indicated some of the houses may remain, either for continued single family use or for a clubhouse for
the rental units. This may impact the maximum allowable density and open space requirements.
12. The Affordable Housing Policy of the Comprehensive Plan recommends that 15% of housing be
affordable. Will affordable units be provided? Please address this policy.
13. The Places29 Master Plan shows a multiple trails through these properties. One that wraps around the
properties and another multi -use trail along Route 29 frontage. Indicate whether or not a trail will be
provided, show the trail, and indicate the type of trail. Also, state whether it will be dedicated to the
County for public use. Currently there is a note referencing paths, but it is not clear where these paths
are located or the type of ath proposed.
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14. A forested buffer is recommended in the Places29 Master Plan at a minimum of 50' along Route 29.
This is shown the Frontage Conditions Map, and detailed information is outlined in Chapter 7. Provide
the buffer as recommended in the Plan.
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15. The narrative states that the units will not be subdivided, but rented. How will this be accomplished?
16. Staff has concerns about the future of the property if it is rezoned and subdivision. The road/accessway
would not meet standards for a street and lots could be developed within the buffers. A commitment
should be made that a future subdivision would not be permitted due to the site not being able to
support that type of development as proposed.
17. The Natural Resources Chapter of the Comprehensive Plan has the following objective regarding Parks
and Green Systems and stream corridors as identified on the Land Use map. These properties contain
a large portion of Parks and Green systems that should be designated on the plan as conservation
area. In addition, the uses permitted in the conservation area should be limited to trails, utilities if no
reasonable alternative exists, stream restoration, and the access road, as the section of this river is
within an impaired segment as noted by the Natural Resources Manager, see comments below.
Strategy 4h: Preserve existing vegetation in areas shown as Parks and Green Systems on Development
Area Master Plans.
Each Development Area Master Plan describes the importance of preserving stream corridors and other
environmentally sensitive areas. These places are especially important to biodiversity as are other
areas shown as Parks and Green Systems in the Master Plan maps. The Neighborhood Model princi-
ples found in the Development Areas Chapter, describe the importance of parks, recreational
amenities, and open space in creating and maintain high quality neighborhoods. Wooded areas, ri-
parian areas, and undeveloped well -vegetated land connecting these areas helps retain habitat
corridors.
Architectural Review Board (Margaret Maliszewski):
1. Single-family detached residences do not require ARB review. The Places 29 master plan designates
the subject parcel for "forested buffer frontage". This buffer has a 50' minimum depth and is composed
of naturally arranged trees and a dense understory of shrubs. Maintaining the existing wooded area,
and in particular its scale, character and density, would maintain an appropriate appearance on the
Entrance Corridor.
Engineering (Frank Pohl):
1. The application does not mention that road widening will result in impacts to the 100-ft stream buffer.
Update the'impacts on environmental features' section of the application to include the extent of buffer
impacts (sf area), justification for these impacts, and how they are allowed under the code. If a waiver is
required, please request one.
2. What will happen to the existing loop road? Will it continue to be open to traffic, be removed,
abandoned, converted to some other use, or something else?
Transportation (Adam Moore (VDOT)):
1. Will access road from Route 29 be public or private road?
2. Entrance onto Route 29 will have to meet the Access Management Design Standards for Entrances
and Intersections. Please see VDOT Road Design Manual, Appendix F.
Albemarle County Service Authority (Richard Nelson):
1. Parcel is located in the North Fork South Zone Special Rate District. Due to the demand for fire hydrants
a public water main will be required. ACSA may request these units be individually metered. ACSA will
be updating the connection fee language to include single family units attached and detached as 1 ERC
behind a master meter, July 2019.
Fire/Rescue (Shawn Maddox):
1. Based on the number of detached single family dwellings proposed a second emergency apparatus
access will need to be provided.
2. Fire Rescue does support the improvement of the existing entrance to current standards allowing for
emergency vehicle access to the entire site.
Natural Resources Manager (David Hannah):
Water quality and river health are among my biggest concerns. A long segment of the North Fork Rivanna
River is designated as impaired for recreation by Virginia DEQ (based on levels of coliform bacteria). Water
bodies are listed as impaired by DEQ when they fail to meet state water quality standards. The section of
the river adjacent to the subject property is within the impaired segment. The impaired segment extends
both downstream from the subject property and upstream to just inside Greene County.
A long segment of the North Fork Rivanna River upstream of the subject property is impaired for aquatic
life (based on sampling of benthic macro invertebrates). The impaired segment extends from just inside
Greene County to roughly 2000' upstream of Route 29. An unnamed tributary of Flat Branch is also
impaired for aquatic life, with Flat Branch emptying into the North Fork Rivanna River just downstream of
the subject property.
Because of water quality and river health issues in this area of the county, Virginia DEQ initiated a Total
Maximum Daily Load (TMDL) process in 2018 for the North Fork Rivanna River and many of its tributaries.
Given the shape of the property, it is virtually "surrounded" by the North Fork Rivanna River. Much of the
property is within the Preserved Slopes and WPO Stream Buffer overlays. Even if all rules and regulations
at all levels (county, state, federal) are followed, there will be impacts to water quality and other natural
resources. According to aerial photography, most of the property appears to be wooded. Retaining as
much vegetation on the entirety of the site as possible, particularly woody vegetation, will help minimize the
impacts of development to the natural resources.
The subject property lies within a Conservation Focus Area - the Rivanna River Corridor - identified in the
recently completed Biodiversity Action Plan for Albemarle County (see Map 4 of the plan). The plan was
endorsed by the Board of Supervisors at a work session on 7/5/18. The map of Conservation Focus Areas
is on schedule to be incorporated in the County's Comprehensive Plan by mid -year. The Conservation
Focus Areas were identified as having significant biodiversity resources and high conservation value. In the
case of the Rivanna River Corridor, there is habitat connectivity throughout much of the focus
area. Impacts to natural resources in the Conservation Focus Areas should be minimized and avoided
whenever possible.
Special Use Permit Comments:
Planning:
1. Intent of Steep Slopes Overlay District:
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 has some concerns relative to the "purpose and intent" as highlighted below:
30.7 STEEP SLOPES OVERLAY DISTRICT
30.7.1 PURPOSE AND INTENT
"The purpose of this section 30.7 is to establish an overlay district on those lands within the
development areas of the county as delineated in the comprehensive plan which have
steep slopes and for which additional development design care and consideration must be
given, prior to permitted development occurring.
The board of supervisors finds that whenever steep slopes within the overlay district are
disturbed, their disturbance should be subject to appropriate consideration and care in their
design and construction in order to protect the integrity of the steep slope areas, protect
downstream lands and waterways from the adverse effects of the unregulated disturbance of
steep slopes, including the rapid or large-scale movement of soil and rock, or both, excessive
stormwater runoff, the degradation of surface water, and to enhance and preserve the character
and beauty of the steep slopes in the development areas of the county.
The board also finds that certain steep slopes, because of their characteristics, should be
preserved to the maximum extent practical, and that other steep slopes, whose
preservation is not required, should be managed. Preserved slopes are those slopes that
have characteristics that warrant their preservation by the prohibition of disturbance
except in the limited conditions provided in this overlay district. Managed slopes are those
slopes where development may occur, provided that design standards are satisfied to
mitigate the impacts caused by the disturbance of the slopes. "
It has not been demonstrated that "appropriate consideration and care" has been given in
regards to important details such as site grading or re -grading, stormwater management, and
mitigation efforts. Specifically, concern remains with regards to the protection of the waterway
and excessive stormwater runoff.
2. Additional information should be provided to articulate site -specific and project -specific details, in
order for Staff to undertake a complete evaluation of the proposal's impacts and appropriateness.
This should include information (in narrative and graphic format) to show, describe, quantify, and/or
otherwise detail the proposed disturbance of preserved steep slopes as well as any/all associated
proposed mitigation practices.
3. Grading and stormwater management issues which will be dealt with in full detail on the
WPO/VSMP Plan may substantially affect the special use permit proposal. Provide conceptual
stormwater, see Engineering comments below.
4. Provide additional information (in narrative and graphic format) to identify any/all associated
proposed practices to mitigate any disturbance of preserved steep slopes, either through
landscaping, stormwater management best practices, low impact development, orother materials or
methods.
5. Consideration should be given to developing and submitting a "conceptual plan" document
specifically for the SP application, which could address these issues related to the proposed
disturbance of preserved steep slopes at the same level and detail as a site plan, landscape plan, or
WPO plan, but which would be evaluated separately from the rezoning application plan.
Engineering (Frank Pohl):
1. Applicant has not submitted a waiver request narrative as required in 18-4.2.5.a.1. How will the
following be addressed: rapid and/or large-scale movement of soil and rock, excessive stormwater run-
off, siltation of natural and man-made bodies of water, loss of aesthetic resources, and, in the event of
septic system failure, a greater travel distance of septic effluent (collectively referred to as the "public
health, safety, and welfare factors") that might otherwise result from the disturbance of critical slopes?
2. Provide accurate profile and cross sections of proposed road improvements at 50-ft intervals, including
proposed tie-in grading and cut/fill. The existing driveway is narrow and side slopes are very steep (up
to what appears to be 70% based on County GIS). Cross sections provided on Sheet 7 are somewhat
deceiving as they do not accurately reflect existing conditions. Please show contours from the top to
bottom of slope on the Steep Slope Disturbance exhibit.
3. Conceptual stormwater management facilities are not shown on the application as required by the
County Special Use Permit Checklist. Please provide locations of conceptual SWM facilities.
Comarehensive Plan
As stated above in detailed comments, there are items that need to be addressed to conform with the
recommendations within the Places29 Master Plan and the Comprehensive Plan. Additional comments will be
provided to the Planning Commission and Board of Supervisors as part of the staff report that will be prepared
for a work session or public hearing.
The properties are within the Hollymead area of the Places29 Master Plan and are designed as Neighborhood
Density Residential- residential use (3-6 units/acre); supporting uses such as religious institutions, schools,
and other small-scale non-residential uses; Privately Owned Open Space; Environmental Features- privately
owned recreational amenities and open space; floodplains, steep slopes, wetlands, and other environmental
features.
Neiahborhood Model
Not enough detail was given in the submittal for a Neighborhood Model analysis to occur at this time. A future
analysis will be done once the application is revised to address the comments.
Action after Receiat of Comments
Your project has been scheduled for a public hearing by the Planning Commission for March 5, 2019 which is
78 days from the date your application was accepted for review. State Code requires a 90-day review by the
Planning Commission unless the applicant requests deferral. Due to the timing of the Planning Commission
regular meetings, this needs to be scheduled prior to the 90 days in order to comply with State Code.
As you will read in this comment letter, staff recommends changes to your project to help you achieve
approval. Without these changes, staff cannot recommend approval to the Planning Commission.
If you would like to address the comments you must request deferral by February 8, 2019. Please note that
you can submit revisions even if you defer your application.
If you choose not to request deferral, staff will take your project to the Commission as originally submitted, but
without a recommendation of approval. Instructions for requesting a deferral are in the attached "Action After
Receipt of Comment Letter."
Resubmittal
If you choose to resubmit after requesting deferral, please use the attached form. There is no fee for the first
resubmittal. The resubmittal date schedule is provided for your convenience.
Notification and Advertisement Fees
Prior to a public hearing with the Planning Commission the following fees must be paid:
$ 215.00 Cost for newspaper advertisement
$ 436.00 Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner after 50
adjoining owners)
$ 651.00 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.
$ 436.00 Additional amount due prior to Board of Supervisors public hearing
$ 1,087.00 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.
Feel free to contact me if you wish to meet or need additional information. My phone number is (434) 296-
5832, x. 3004, and my email address is: mnedostup@albemarle.org.
Sincerely,
I
Megan Nedostup, AICP
Principal Planner
Planning Services
DEPARTMENT OF COMMUNITY DEVELOPMENT
�rRGINI°'
ACTION AFTER RECEIPT OF COMMENT LETTER
FIRST SET OF COMMENTS
Your project has been scheduled for a public hearing by the Planning Commission for March 5, 2019
which is 78 days from the date your application was accepted for review. State Code requires a 90-day
review by the Planning Commission unless the applicant requests deferral. As you will read in this
comment letter, staff recommends changes to your project to help you achieve approval. Without
these changes, staff cannot recommend approval to the Planning Commission.
If you would like to address the comments you must request deferral by February 8,2019. If you
choose not to request deferral, staff will take your project to the Commission as originally submitted,
but without a recommendation of approval. Instructions for requesting a deferral are outlined below.
Please note that you can submit revisions even if you defer your application.
By February 8, 2019, please do one of the following:
(1) Request deferral to resubmit to address comments, pursuant to Section 33.52(A)(1) and
understand the Planning Commission date will be later than March 5, 2019
(2) Proceed to Planning Commission public hearing on March 5, 2019 and fees must be paid
by February 8, 2019
(3) Withdraw your application
(1) Deferral requested to address comments in a resubmittal
To request deferral, you must submit a request in writing to defer action by the Planning Commission
and Board of Supervisors. The request may be made by email. You may request a deferral for up to 36
months from the date your application was accepted for review, which is January 1, 2022. (This is
based on the Board of Supervisors' September 5, 2018 action.) However, all outstanding information
necessary for Commission action must be submitted by (120 days prior to the end of the deferral
period), according to the published schedule. (See Section 18-33.52 of the Albemarle County Code.)
Please note that you can submit revisions even if you defer your application. The application fee which
you paid covers staff review of the initial submittal and one resubmittal. Each subsequent resubmittal
requires an additional fee. (See attached Fee Schedule.)
Revised 10-9-18 MCN
(2) Proceed to Planning Commission Public Hearing on March 5, 2019
At this time, you may request that your application proceed to public hearing with the Planning
Commission on March 5, 2019. With this option, staff will take your project to the Commission as
originally submitted, but without a recommendation of approval.
(3) Withdraw Your Application
If at any time you wish to withdraw your application, please provide your request in writing.
Resubmittals
As stated above, a deferral does not preclude you from resubmitting the application to address
changes based upon the comments. If you would like to resubmit after you defer, you may do so
following the resubmittal schedule. Be sure to include the resubmittal form on the last page of your
comment letter with vour submittal.
The application fee which you paid covers staff review of the initial submittal and one resubmittal.
Each subsequent resubmittal requires an additional fee. (See attached Fee Schedule.)
Failure to Respond
An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant
to subsection 33.52(A) and fails to provide within 90 days before the end of the deferral period all of
the information required to allow the Board to act on the application, or fails to request a deferral as
provided in subsection 33.52(A).
Fee Payment
Fees paid in cash or by check must be paid at the Community Development Intake Counter. Make
checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator.
Fees may also be paid by credit card using the secure online payment system, accessed at
http://www.albemarle.org/department.asp?department=cdd&relpage=21685.
Revised 10-9-18 MCN
FOR OFFICE USE ONLY SP # or ZMA #
Fee Amount $ Date Paid By who? Receipt # Ck4 Bv:
Resubmittal of information for Special Use Permit or g�'g
Zoning Map Amendment
'7WA&916— 016 /I
PROJECT NUMBER: S->2p18 -02S PROJECT NAME: iVPr 444Srrr �Gla�
❑ Resubmittal Fee is Required ❑ Per Request qtl, Resubmittal Fee is Not Required
Name of Applicant Phone Number
Signature
FEES
Date
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,075
❑ First resubmission
FREE
❑ Each additional resubmission
$538
Resubmittal fees for original Special Use Permit fee of $2,150
First resubmission
FREE
❑ Each additional resubmission
$1,075
Resubmittal fees for original Zoning Map Amendment fee of $2,688
Ibc First resubmission FREE
❑ Each additional resubmission $1,344
Resubmittal fees for original Zoning Map Amendment fee of $3,763
❑ First resubmission
FREE
❑ Each additional resubmission
$1,881
❑ Deferral of scheduled public hearing at applicant's request — Add'] notice fees will be required
$194
To be paid after staff review for public notice:
Most applications for Special Use Permits 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
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 beard by a public body.
MAKE CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER
Preparing and mailing or delivering up to fifty (50) notices
$215 + actual cost of first-class postage
Preparing and mailing or delivering each notice after fifty (50)
$1.00 for each additional notice + actual
cost of first-class postage
i Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
minimum of $280 for total of 4publications)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
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