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Home My WebLink AboutZMA201900003 Correspondence 2019-03-19COUNTY 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, Shimp Engineering (Justin a)shimp-engineerinq.com); Kelsey Schlein (kelseyCcDshimp- engineering.com) From: Andrew Reitelbach, Senior Planner Date: March 8, 2019 Subject: Mandatory Pre -Application Meeting for TMP 076000000046AO and TMP 07600000005400 on 02-25-2019 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 your zoning map amendment application ("rezoning"). The purpose for the meeting is summarized below: The purposes for a pre -application meeting are to: (i) provide the applicant and the county a common understanding of the proposed project; (ii) inform the applicant about the proposed project's consistency with the comprehensive plan, other relevant policies, and county regulations; (iii) broadly identify the planning, zoning and other issues raised by the application that need to be addressed by the applicant; (iv) inform the applicant about the applicable procedure; and (v) allow the director to identify the information the applicant must submit with the application, including the supplemental information, pursuant to Sections 33.16 through 33.19. The following are staff comments: (i) Provide the applicant and the county a common understanding of the proposed project. The applicant requested a pre -application meeting to discuss a zoning map amendment (ZMA) to rezone TMPs 76- 46A and 76-54 from the R-2 Residential Zoning District and the R-10 Residential Zoning District to the NMD, Neighborhood Model District. During the meeting, the PUD, Planned Urban Development zoning district, was also discussed as an option, and the applicant followed up with the intent to pursue a PUD. TMP 76-46A measures 10.162 acres, is zoned R-2 Residential, and is located on both the east and west sides of Old Lynchburg Road, south of 1-64. Old Lynchburg Road splits the parcel into two disjointed pieces. The property is currently wooded. TMP 76-54 measures 3.429 acres, is zoned R-10 Residential, and is located to the north of 5th Street Ext., south of 1-64. The property is currently wooded, although a site plan is currently under review by the Planning Division for a townhouse development called Royal Fern Townhomes (SDP2018-00081). These parcels lie within the Airport Impact Area (AIA), Entrance Corridor, and Managed Steep Slopes overlay districts. As stated by the applicant during the meeting, the applicant proposes to continue development of TMP 76-54 with the by -right townhouse use, whether or not the proposed rezoning moves forward. This proposed zoning map amendment would rezone both TMP 76-46A and 76-54 to a planned development district, incorporating the current by -right townhouse development under review, to allow for a total of approximately 80 townhouse units, 150 multi- family units, and a maximum two -acre commercial site. In the concept plan provided for the pre -application meeting, an internal street network within the development is shown that would provide parcel frontage to each new lot. If this network is proposed to be private, a private street request would need to be submitted. 1. Section 33.15 - Application for a zoning map amendment 2. Section 18.2.1 (2) — By -Right (Attached single family dwellings) 3. Subdivision Ordinance - Section 14-233 (B) and 14-234 (A) — Private Street Authorization Request (ii) Inform the applicant about the proposed project's consistency with the Comprehensive Plan, other relevant policies, and County regulations. TMPs 76-46A and 76-54 are located in the Southern and Western Urban Neighborhoods Development Area. The Southern and Western Urban Neighborhoods Master Plan designates the future land use classification of TMP 76-54 and the portion of TMP76-46A east of Old Lynchburg Road as Community Mixed Use. The portion of TMP76-46A west of Old Lynchburg Road is designated as Urban Density Residential. Community Mixed Use allows residential (up to 34 units/acre), community scale retail, service and office uses, places of worship, schools, public and institutional uses. Urban Density Residential allows residential (6.01-34 units/acre); supporting uses such as places of worship, schools, public and institutional uses, neighborhood scale commercial, office, and service uses. 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 with the Neighborhood Model Principles. • Explain whether any affordable units are proposed within the project and how the development will address the affordable housing policy within the Comprehensive Plan. • State how environmental features, public facilities and infrastructure, and schools, police, and fire services will be impacted by the development and how they will be addressed. (iii) Broadly identify the planning, zoning and other issues raised by the application that need to be addressed by the applicant. A Planned Unit Development (PUD) must be in accordance with Sections 8 and 20 of the Zoning Ordinance. The PUD requires a minimum size of 100 acres (Section 20.7.1). Because this property is not 100 acres, to move forward with a rezoning to PUD on these two parcels, a special exception would need to be approved by the Board of Supervisors, pursuant to Section 8.2(b). This special exception could be applied for and reviewed concurrently with the ZMA application. In addition, there are regulations governing commercial/service areas in PUDs (Section 20.9) that would need to have an approved Special Exception by the Board of Supervisors depending on the desired commercial/service uses and sizes proposed by the applicant. 20.9 has restrictions on the amount of commercial space (20.9.3) and the sequencing of building permit approval (20.9.4) allowed in PUDs. These requirements could be waived in accordance with Section 8.2(b), and this special exception could be applied for and reviewed concurrently with the ZMA application, similar to the acreage requirement mentioned above. • Additional special exceptions may be needed depending on the proposed plan. • If the applicant desires a use within the PUD that requires a Special Use Permit, the SP for that use can be applied for and reviewed concurrently with the ZMA request, pursuant to 20.3.2 and 20.4.2. The applicant would not need a separate application or fee for such SP requests. • If the internal streets of the development are proposed to be private, pursuant to Section 14-233 (b), the agent may approve private streets in the development areas proposing attached dwelling units. Detached dwelling units served by private streets require Planning Commission approval. The applicant will need to submit the necessary materials in order to justify the authorization request, in accordance with Section 14- 234 (A) of the Subdivision Ordinance. • An application plan is required for the rezoning. These parcels are in the Entrance Corridor and are subject to review by the County's Architectural Review Board. Development will have to be in accordance with Section 4.16, open space and recreational requirements. Not less than 25% of residential areas must be in open space (20.8.2), unless a special exception is applied for and granted by the Board of Supervisors. A traffic impact analysis will be required for this ZMA application. (iv) Inform the applicant about the applicable procedures. A Community Meeting is required as part of the review of the rezoning request. This meeting should be held, if possible, within 30 days from the date the rezoning application 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). It is preferred that the community meeting be held in conjunction with a meeting of the 5tn and Avon Community Advisory Committee (CAC). • Templates for the Community Meeting invitation letter and the Community Meeting Guidelines are attached. If the applicant knows of any of any waivers or modifications that have not been identified in this letter that are needed to implement the proposed plan, staff recommends that those requests be submitted with the initial application. Staff will then determine if the waivers should be approved with the rezoning action or deferred for action with site plan and/or subdivision plat approval. (v) Identify the information the applicant must submit with the application, including the supplemental information, pursuant to Sections 33.16 and 33.18. • See attached ZMA Checklist. If you have any further questions, please contact me at (434) 296-5832 ext. 3261 or by email at mreitelbach(Walbemarle.org . Sincerely, Andrew Reitelbach Senior Planner Attached: A) ZMA Application B) Community Meeting Guidelines C) Community Meeting Invitation Letter Template D) ZMA Checklist K