HomeMy WebLinkAboutZMA201800011 Review Comments Zoning Map Amendment 2019-03-11COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4176
March 11, 2019
Alan Taylor
Riverbend Development
455 Second Street SE
Charlottesville, VA 22902
alan&riverbenddev.com / 434-245-4932
RE: ZMA201800011 Brookhill Proffer Amendment — Comment Letter — 2"d Submission
Dear Mr. Taylor:
Staff has reviewed your resubmittal for the zoning map amendment, ZMA201800011 Brookhill Proffer Amendment.
Planning and Zoning staff have some comments regarding the draft version of the revised proffers that should be
addressed prior to requesting a an action by the Board of Supervisors. We would be glad to meet with you to discuss these
issues.
Review comments are provided below, organized by Department, Division, or agency. Our comments are provided below:
Planning — General Application Comments
A waiver to the public hearings with the Board of Supervisors and Planning Commission has been received by the
Clerk of the Board. The BOS has an information session scheduled on Wednesday, November 14, 2018 to
consider the waiver request. Rev. 1: Comment addressed. The Board of Supervisors wiaved the Planning
Commission and Board of Supervisors for this application at their regular meeting held on November 14.
2018. Once all staff comments have been addressed, the application will go before the Board for final
action.
a. Section 33 of the Albemarle County Zoning Ordinance has been recently amended. All legislative
applications now must be acted on by the PC within 90 days after the review starts. Therefore, this ZMA
has been tentatively scheduled for a PC date of December 18, 2018. Please keep in mind that if the BOS
waives both public hearings, the tentatively scheduled December 18, 2018 Planning Commission public
hearing will be cancelled. Rev.1 Comment addressed. The applicant filed a deferral request on
November 9, 2018. The Board waived the public hearing requirements with the Commission. The
application simply needs to be acted on by the Board of Supervisors by October 2, 2021.
b. Regardless of whether the BOS waives the PC and BOS public hearings, staff highly suggests requesting
a deferral of PC and BOS action on the ZMA application in order to address the Planning and Zoning
comments regarding necessary revisions to the draft revised proffers. If the BOS does not waive the
public hearings, staff will be required to take this ZMA to the PC without any of the revisions, and we
will not be able to recommend approval. Submitting a deferral request will allow time for a resubmittal
of the draft proffers to address the following comments. Please see the "Action After Receipt of
Comments" letter attached at the end of this letter for further details. Rev.1 Comment addressed. The
applicant filed a deferral request on November 9, 2018.The application simply needs to be acted on
by the Board of Supervisors by October 2, 2021.
Planning — Comments for Revisions to Draft Proffers
2. On page 1, references should be made stating something like "Original Proffers, ZMA201500007, approved
November 9, 2016." Rev. 1: Comment addressed.
a. The new ZMA number should be added, which is ZMA201800011. Rev. 1: Comment addressed.
b. In the into paragraph on page 1, please revise the date of the Code of Development approval — Zoning
staff has confirmed that the original approval date of November 9, 2016 should remain as the date instead
of the variation dates. Variations are not typically tracked in proffer statements. Rev. 1: Comment
addressed.
3. The Zoning Ordiancne has been revised since the original proffer approval. The second paragraph on page one
references Section 33.3, but this code section is no longer related to proffers. Staff suggests revising it to "Section
33" instead. Rev. 1: Comment addressed.
4. On page 1 of the proffer statement, please revise the last date of revision for the Code of Development. The COD
had two variations approved by the BOS on September 5, 2018 and this should be the last revision date. Rev. 1:
Comment addressed.
5. On page 1 of the proffer statement, please remove TMP 04600-00-00-019132 from the Tax Map Parcel line at the
top of the page. This TMP does not exist any longer. Rev. 1: Comment addressed.
a. Remove TMP 04600-00-00-019B2 from the introduction paragraph. Rev. 1: Comment addressed.
6. On page 2, Proffer #1B, some text has been deleted that should remain as approved in the original proffers. At the
end of the second sentence (which begins as "The Route 29 Intersection Improvements shall..."), add the
language at the end of the sentence stating "whichever occurs first." Rev. 1: Comment addressed.
7. Page 3, Proffer #1D, the sentence should conclude as follows: "...fee simple title to a parcel of land for a public
road connection, including right-of-way and grading easements, from Rio Mills Road to the Berkmar Drive
Extension in the approximate location shown on Exhibit D, Rio Mills Roadway Connection (Rio Mills Road
Connection"). Rev. 1: Comment addressed.
8. There is a grammatical error in Proffer #413 (1). The words "for such for -rents" are duplicated in the fourth
sentence, please remove. Rev. 1: Comment addressed.
9. Proffer #6, page 7. Please remove reference to the Rio Mills Road connection in the first paragraph. Rev. 1:
Comment addressed.
a. Please revise the roman numerals as necessary once the Rio Mills Road connection reference is deleted.
Rev. 1: Comment addressed.
10. Proffer #6, page 7, please remove the final sentence regarding the annual adjustment for the in -kind contribution.
Rev. 1: Comment addressed.
11. Proffer #8, page 7. Please revise the language stating "approximately 50 acres" to state "of not less than fifty (50)
acres..." Rev. 1: Comment addressed. ACPS has confirmed that there is no objection to the high school site
acreage reduction as proposed, provided that VDOT confirms that a future high school could utilize and
expand the stormwater management facility being constructed to capture stormwater associated with the
Rio Mills connector road construction. ACPS also requested VDOT to consider allowing a curb cut on the
north side of the connector road at a future date in order to serve a parking lot on the northern part of the
school property. VDOT staff have confirmed that both of these requests are possible and will likely be
approved pedning review of official site plan/road plan reviews when ACPS begins the high school
development planning process at some point in the future. Approval of the curb cut location and design,
and expansion of the stormwater facility will be subject to review by VDOT and Albemarle County staff
for compliance with all applicable standards.
12. Page 8, add the words [Signature Pages to Follow] after the proffer language ends. Rev. 1: Comment addressed.
13. On Page 9, remove the entry for owner signatures for TMP 04600-00-00-01900. Rev. 1: Comment addressed.
14. On page 9 or 10, add entries for owner signatures for TMPs 04600-00-00-019B4, 04600-00-00-019B3, 04600-00-
00-019B1, 04600-00-00-019A0. Rev. 1: Comment not fully addressed. See Comment # 17 below.
15. On page 9, please type the owner name for TMP 04600-00-00-018BO below their signature line. Rev. 1:
Comment addressed.
16. On page 10, please type the owner name for TMP 04600-00-00-018DO below their signature line. Rev. 1:
Comment addressed.
17. Since the original submittal of this application, Albemarle County GIS appears to indicate that TMP 04600-00-
00-0 1 9B 1 has been sold and purchased by a new owner, RBD MULTI -FAMILY HOLDINGS LLC. Please
confirm, and make the the following revisions:
a. State the new property owner name for TMP 04600-00-00-019B 1 in the "Owner of Record" section on
page 1.
b. State the new property owner name for TMP 04600-00-00-019B 1 in the introduction paragraph on page
1.
c. Remove TMP 04600-00-00-019B 1 from the parcels owned by Crockett Corporation in the introduction
paragraph on page 1.
d. Remove reference to TMP 04600-00-00-019B 1 from the Crockett Corporation owner signature line on
page 9.
e. Add a new property owner signature line for TMP 04600-00-00-019B 1 at the end of the proffer
statement. List the property owner name under the signature line.
Comprehensive Plan
The proffer revision does not affect the Comprehensive Plan recommendations for parcels witin scope of the original
Brookhill rezoning. A few brief comments related to how the proffer amendment is consistent with the Comprehensive
Plan are provided below.
Neighborhood Model
Projects located within the Development Areas are typically reviewed for consistency with each of the Neighborhood
Model Principles found in the Comprehensive Plan. Comments are provided below on relevant aspects of the
Neighborhood Model. More detailed comments may be provided after more detailed plans are provided.
Pedestrian Orientation
This principle is not relevant to the proffer revisions.
Mixture of Uses
This principle is not relevant to the proffer revisions.
Neighborhood Centers
This principle is not relevant to the proffer revisions.
Mixture of Housing Types
This principle is not relevant to the proffer revisions.
and Affordability
Relegated Parking
This principle is not relevant to the proffer revisions.
Interconnected Streets and
The revision to proffer #1D will not affect the Comprehensive Plan recommendations
Transportation Networks
for a connector road between Berkmar Drive and Rio Mills Road. Although
construction of the road was originally assigned as a responsibility of the developer, the
road will still be built by VDOT (project UPC 109397), thus accomplishing the
Comprehensive Plan's recommendation. Rev. 1: The County Attorney has requested
that Proffer #11) retain language stating that the developer shall complete the Rio
Mills connector road, should the VDOT project encounter issues which prevent
completion of the Smart Scale project. Please add the following language back to
proffer #11):
`Pursuant to road plans approved by VDOT, the Owner shall construct a two
lane road connection from Rio Mills Road to the newly - constructed Berkmar
Drive Extension in the approximate location shown on Exhibit D, Rio Mills
Roadway Connection ("Rio Mills Road Connection'). The Rio Mills Road
Connection shall be substantially completed prior to December 31, 2025. The
substantial completion of the Rio Mills Road Connection by VDOT prior to
December 31, 2025 shall satisfy this proffer #1D. "
Multimodal Transportation
The revision to proffer #1D will not affect the Comprehensive Plan recommendations
Opportunities
for a connector road between Berkmar Drive and Rio Mills Road. Although
construction of the road was originally assigned as a responsibility of the developer, the
road will still be built by VDOT (project UPC 109397), thus accomplishing the
Comprehensive Plan's recommendation. Rev. 1: Comment addressed.
Parks, Recreational
This principle is not relevant to the proffer revisions.
Amenities, and Open Space
Buildings and Spaces of
This principle is not relevant to the proffer revisions.
Human Scale
Redevelopment
This principle is not relevant to the proffer revisions.
Respecting Terrain and
This principle is not relevant to the proffer revisions.
Careful Grading and Re-
grading of Terrain
Clear Boundaries Between
This principle is not relevant to the proffer revisions.
the Development Areas and
the Rural Area
Zoning
Comments from Rebbeca Ragsdale, rra sg dalegalbemarle.org, have been incorporated into Planning comments above.
VDOT
No Objection, see attached letter.
Albemarle County Public Schools
ACPS have reviewed the proposed revisions to proffer #8. See the attached email correspondence from Rosalyn Schmitt,
rschmitt(&k 12 albemarle. org.
Action after Receipt of Comments
The applicant has requested deferral of action by the Planning Commission and the Board of Supervisors, pursuant to
Section 33.52 (A)(2). The request has been granted and final action on the application is possible until October 3, 2021.
On November 14, 2018, the Board of Supervisors waived the requirement for public hearings with the Planning
Commission and Board, in accordance with Section 33.15(A)(1)(a). No public hearings with the Planning Commission or
Board of Supervisors will be required, provided that the applicant revises the application to satisfy the remaining staff
comments. The application will be forwarded to the Board of Supervisors for final action at a later meeting date once all
outstanding staff comments have been addressed.
Please be advised that the application must be acted on by the Board prior to October 3, 2021, in accordance with the
deferral request or else it will be deemed voluntarily withdrawn.
After you have read this letter, please take one of the actions identified on "Action After Receipt of Comment Letter"
which is attached.
Notification and Advertisement Fees
Recently, the Board of Supervisors amended the zoning ordinance to require that applicants pay for the notification costs
for zoning map amendments. In order to proceed to take the application to the Board of Supervisors for final action, the
following fees must be paid prior in accordance with the County schedule prior to the Board meeting:
$ 435.00 Cost for newspaper advertisement/notifications
$ 435.00 Additional amount due prior to Board of Supervisors action
Feel free to contact me if you wish to meet or need additional information. My email address is blan ig lle(c�r�,albemarle.org.
Sincerely,
Cameron Langille
Senior Planner
Planning Division, Department of Community Development
enc: ZMA201800011 Action After Receipt of Comments
2018 Zoning Map Amendment Resubmittal Schedule
Zoning Map Amendment Resubmittal Form
cc: Ashley Davies
Williams Mullen
321 E. Main St., Suite 400
Charlottesville, VA 22902
adavies(iDwilliamsmullen. com
Cameron Langille
From: Rosalyn Schmitt <rschmitt@kl2albemarle.org>
Sent: Tuesday, February 05, 2019 6:04 PM
To: Cameron Langille
Cc: Rebecca Ragsdale
Subject: RE: Follow-up: ZMA201800011 - Brookhill Proffer Amendment
I appreciate you involving us in this discussion. To recap my understanding, the proffer amendment is due to two
factors:
First, the finalized Berkmar Extension location is further west than initially anticipated which has reduced the
available acreage of the proffered school parcel by about 2 acres.
Second, the planned location of the Rio Mills connector road needs to be located farther south than anticipated to
achieve necessary sight lines and distances. The connector, which is of interest to the BOS and in the comp. plan,
would not be feasible if not in this new location. This move divides the school parcel in two which impacts the likely
location of athletic fields.
If that understanding is accurate our response is as follows:
It would be our preference to have an undivided parcel, however a pedestrian walkway, tunnel, or crosswalk
controlled by traffic lights could mitigate our concerns about access to athletic fields on the north side of the
connector road. We also request consideration for a curb cut on the north side of the road to allow for future
parking for the fields above the connector road. We also request a shared use of storm water facilities with the road
construction in order to maximize available acreage of the school site.
Please let me know if you need anything further from us.
Thanks again for including us!
Rosalyn Schmitt
Chief Operating Officer
Albemarle County Public Schools
401 McIntire Road
Charlottesville, VA 22902
www.kl2albemarle.org
0: 434-296-5877
From: Cameron Langille [mailto:blangille@albemarle.org]
Sent: Wednesday, January 30, 2019 3:16 PM
To: Rosalyn Schmitt <rschmitt@kl2aIbemarle.org>
Cc: Rebecca Ragsdale <rragsdale@albemarle.org>
Subject: Follow-up: ZMA201800011 - Brookhill Proffer Amendment
Hi Rosalyn,
I am following up on the discussion from our meeting last week regarding the Brookhill proffer amendment and
proposed acreage reduction to the high school property. Did your colleague who handles facilities for ACPS provide any
input on the acreage reduction and whether it would be acceptable to move forward with the proffer amendment as
proposed?
Please let me know your thoughts. I appreciate all of your assistance on this one.
Thanks,
Cameron
Cameron Langille
Senior Planner
Department of Community Development
Albemarle County, VA
434-296-5832 (ext. 3432)
blangille@albemarle.org