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HomeMy WebLinkAboutSDP201800083 Review Comments Appeal to BOS 2019-03-25Christopher Perez From: Christopher Perez Sent: Monday, March 25, 2019 3:22 PM To: 'Scott Collins' Cc: Nena Harrell; 'Hunter Wood' Subject: Briarwood Phase 8 Scott, SDP201800083 Briarwood Phase 8 Minor Amendment SUB201900039 Briarwood Phase 8 - 49 Lot subdivision Per your request I have further researched the issues raised in the last email. In doing so, other seemingly larger issues have been discovered with phase 8, which need to be addressed prior to site plan and plat approval. Below I have done my best to explain all the issues. If the applicant would like to meet with senior staff to discuss these items, please let me know and I'll schedule it. Additionally, I have reached out to the County Attorney's office for guidance on item #1 and #2, pending a discussion. I offer the following: 1. [18-21.7(c)] Disturbance of the 20' undisturbed buffer. A special exception is required to permit the disturbance of the 20' undisturbed buffer as depicted on the plans, which proposes permanent location of a storm drainage pipe and associated easement and grading located in this buffer. Prior to final plat and site plan approval the special exception shall be submitted and approved by the BOS. I anticipate staff s recommendation of approval for this request because of the prior site plan approvals and the nature of the request. Possible conditions of approval for the SE are to extend the required 20' undisturbed buffer into the commercial property as a recorded easement and require screening meeting the ordinance be installed in this location between the two districts. History: The previously approved plans for this phase, SDP2006-41 and SDP2010-84, depict the above mentioned improvements within the 20' undisturbed buffer on adjacent commercial property. Staff has been unable to locate a special exception (or waiver) approval for these improvements by either the PC or the BOS. Do you have documentation that such a waiver was approved by either of these legislative bodies? 2) [ZMA2004-14, ZMA2005-9, 14-234(C)(4)] Application Plan. Elm Tree Court (Private Road) connection to Camelot Drive (Public Road) is not permitted by the rezoning's application plan and shall be omitted prior to approval of the site plan and final plat. There are a couple options to move forward: A) Submit a variation request to the rezoning's application plan for BOS consideration to amend the application plan and connect the two roads. Public notification of the variation request shall be required. Staffs support of this request may be problematic due to the history of the connection at the rezoning stage, which consisted of public opposition from the Camelot residences to the connection, County regulations prohibiting private streets to connect two public streets, and the PC's recommendation and the BOS's action of not approving the connection. Possible solutions to this conundrum during the review of the variation request may consist of a condition of approval requiring the installation of a locking bollard system at the Camelot Drive connection, thereby prohibiting the through connection, while facilitating a pedestrian connection and emergency access connection. or B) Remove the connection to Camelot Drive all together and provide a cul-de-sac turn around internal to phase 8. This would need to be reviewed and approved by all reviewers and may pose issues with Fire and Rescue and VDOT. History: The previously approved plans for this phase, SDP2006-41 and SDP2010-84, do not conform to the zoning of the property. The rezoning's application plan does not connect these two streets; rather, it prohibits them from connecting. Private streets are not permitted to connect two public streets (Section 14-234(C (�, additionally the PC and BOS heard from the residents of Camelot who were in opposition to the connection. The application plan was thereby revised by the applicant between the PC and the BOS public hearing and the application plan approved by the BOS did not permit the connection to Camelot Drive. 3) [ZMA2004-14, ZMA2005-91 Proffer 11— Affordable Housing. Eight (8) affordable units are required in phase 8. Depict and label these units on the final plat and site plan. The previously approved plans depicted these units as being Lots 112-119. Provide a chart on the cover sheet of these documents tracking all required 25 affordable units. Remaining previously mentioned unresolved comments as noted in CD2 of SDP2018-83 (3-11-19) 4. [Albemarle County Site Plan Amendment Policy] The "8 future townhomes" shall be included on this site plan as proposed or they shall be removed. If they are not proposed on this plan, once they are submitted they will trigger a major site plan amendment. Rev 1. Applicant has included these 8 units in this site plan; however, the lot count through sheet 1 of the site plan shall also be updated to accurately reflect the 65 units being proposed. Also, in the phasing note on sheet #1 please remove the note that states: "the future 8 townhome units will be constructed in a separate phase... " 5. [21.7(c)] Currently the plans propose offsite sidewalks, curbs, and grading located on the adjacent C-1 zoned property, specifically to the south and east property lines of the site and at the entrance along Camelot Drive. Prior to the minor site plan being approved a boundary line adjustment plat and or easement plat shall be reviewed and approved to permit the improvement to remain in their current location. Additionally, prior to plat approval a special exception to the 20' undisturbed buffer requirement of Section 21.7(c) shall be submitted and approved prior to plat and/or site plan approval. Rev 1: The applicant has applied for special exceptions related to omitting the sidewalk and landscape strip on the southern portion of Elm Tree Court. The special exceptions shall be approved by the Planning Commission prior to site plan approval. 6. [32.7.2.3, 14-422(B), Design Standards Manual (F)] Sidewalks. The sidewalks in the development shall be 5' wide, currently they are 4' wide. Revise. Rev 1: The applicant has applied for a special exception to facilitate this reduction. The special exceptions shall be approved by the Planning Commission prior to site plan approval. 7. [32.7.9, 14-3171 Depict, dimension, and label all 6' landscape easements for the street trees to be permitted on residential lots. Depict, dimension, and label the sidewalk and access easements on the residential lots. Prior to final plat approval a maintenance agreement for these plantings and the sidewalks shall be reviewed and approved by the County Attorney. Additionally, a maintenance agreement for the private street shall also be submitted for review and approval by the County Attorney. Rev 1: Comment partially addressed, pending submittal of legal docs for County Attorney review/approval. Christopher Perez I Senior Planner Department of Community Development ICounty of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA 22902 434.296.5832 ext. 3443