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Home My WebLink AboutZMA201900007 Review Comments Zoning Map Amendment 2019-08-02COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 August 2, 2019 Ashley Davies Riverbend Development 455 2nd Street SE, Suite 201 Charlottesville, VA 22902 ashley@riverbenddev.com / 434.245.4971 RE: ZMA201900007 Hyland Park Dear Ms. Davies: Staff has reviewed your initial submittal for the zoning map amendment, ZMA201900007, Hyland Park. Review comments are provided below, organized by Department, Division, or agency. Planning Application Comments • Please reference the assigned ZMA application number for this project, ZMA201900007, in future materials and submissions. The proposed change to Proffer #1 is inconsistent with the County's current practices when referencing previous plans. The plan that is referred in the original proffer text was last revised on July 30, 2007, as such the proffer text used that date as the reference, instead of the date of the orginal package, being August 29, 2005. This is an important distinction as it captures all of the revisions that were made to the plan after the intial date. The proffer language should be revised to more accurately state "...prepared by Terra Engineering and Land Solutions, last revised July 30, 2007..." Please see the comments below from Engineering regarding Proffer #5. Further detail is needed regarding the surface materials of the trail type proposed by the revised proffer. The proposed language for Proffer #6 is difficult to interpret as currently written. The revised text identifies Proffer #4, which addresses Trees, as a reference for affordable housing terminology. The more appropriate reference, in this case, would have been Proffer #3, which addressed Affordable Housing, however the current language in Proffer #3 does not offer definitions for the terms identified in the revised text of Proffer #6. This includes the term "market -rate." If the purpose of the revision to Proffer #6 is to restablish the appropriate timing at which cash proffers would be contributed, defining the type of development that would qualify for triggering a cash proffer appears to be at odds with the original intent of both Proffers #3 and #6. Please review and revise the proposed Proffer #6 language to make more clear. Comprehensive Plan Initial comments on how your proposal generally relates to the Comprehensive Plan are provided below. Comments on conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of the staff report. The Comprehensive Plan identifies the following Tax Map Parcels (TMPs) having a designated land use of Neighborhood Density Residential. This classification calls for the primary use to consist of residential uses at a density of 3-6 dwelling units per acre. Secondary uses in this classification include supporting uses such as religious institutions, schools and other small-scale non-residential uses. Along the northern edge of the parcel grouping, parcels are also designated as Parks & Green Systems. This classification calls for the primary use of the property to contain sensitive environmental features including stream buffers, flood plain, and steep slopes, privately owned open space with passive and/or active recreation amenities, parks, playgrounds, outdoor sitting areas, plazas, etc., as well as natural areas. Tax Map Parcels for this zoning map amendment include: 078E000OOOOOA2 078E0000100600 078E000OOOOOA4 078E0000100100 078E0000100200 078E0000100300 078E0000100400 078E0000100500 078E0000100700 078E0000100800 078E0000100900 078E0000101000 078E0000101100 078E0000101200 078E0000101300 078E0000101400 078E0000101500 078E0000101600 078E0000101700 078E0000101800 078E0000101900 Neighborhood Model Analysis 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. Pedestrian Orientation This principle is not applicable to the request. Mixture of Uses This principle is not applicable to the request. Neighborhood Centers This principle is not applicable to the request. Mixture of Housing Types This principle is met. While this development is not directly contributing to the stock of and Affordability affordable housing units, a previously approved proffer (Proffer #3 of ZMA200400018) provides for cash proffers in lieu of affordable housing units. The original Proffer #3 will not be revised as part of this proffer amendment. Relegated Parking This principle is not applicable to the request. Interconnected Streets and This principle, which seeks to ensure the continued development of connected vehicular Transportation Networks transportation networks within Development Areas, is not applicable to this request. Multimodal Transportation This principle is partially met. The approved road plans for the development, Opportunities SUB201700102 Hyland Park Final Road and Utility Plan, include the provision of sidewalks on both sides of the street, which is consistent with the intent of this Neighborhood Principle. The application could be strengthened by clarifying the exact type of trail proposed with the revision to Proffer #5. See Engineering comments for additional information. 2 Parks, Recreational This principle is partially met. Proffer #5 of the original ZMA200400018 offers Amenities, and Open Space pedestrian and bicycle paths that will connect to the larger Fontana Pedestrian Path Plan. These additional, secondary connection also support the Pantops Master Plan's vision for creating integrated trail systems that promote active transportation, provide recreational opportunities, and increase area connectivity. Revision to Proffer #5 by this proffer amendment request will likely be supported provided that surface materials are adequate for handling expected bike/pedestrian travel. Buildings and Spaces of This principle is not applicable to the request. Human Scale Redevelopment This principle is not applicable to the request. Respecting Terrain and This principle has been met by satisfying the requirements of Proffer #8. Since this Careful Grading and proffer has been satisfied, the proposed proffer amendment is requesting that this Re -grading of Terrain Proffer be omitted. Note: Any future grading that will occur on these parcels must meet the requirements of Albemarle County Code either during the site plan stage of any potential development plan or as part of the building permitting process. Clear Boundaries Between This principle is not applicable to the request. the Development Areas and the Rural Area Community Meeting The applicant attended the Pantops Community Advisory Committee meeting on Monday, June 24, 2019 to discuss some of the intended proffer changes with local residents. During the meeting, residents raised concerns about proposed changes to Proffer 10, and substantively related Proffer 5, regarding the types of trails at Fontana. Residents expressed that the current Class B trails have not been able to withstand use by cyclists, noting that while these trails are not public, they are often used by people coming from outside the neighborhood. Additional questions pertained to the proposed amendment of Proffer #9 which focuses on revising the architectural standards for the development. Residents wondered why the architectural standards for this area are regulated. It was shared that this development falls within the protected Monticello Viewshed and, as such, it is subject to additional regulations limiting building colors and roof materials. Planning (Transportation) The following comments related to transportation have been provided by Daniel Butch: • No objection for sidewalks will be constructed on Glenleigh Rd. • Recommendation is to refer to classification of trail by Albemarle County Design Standards Manual -Trail Standards: Class B- type 1 primitive nature trail of earth, mulch, or stone dust or Class B- type 2 high maintenance pedestrian path of stone, dust, gravel, or equivalent semi -permanent surface. • Maintence and upkeep will still be necessary on these type of trails. Zoning Comments related to zoning matters, provided by Rebecca Ragsdale, are attached. 3 Engineering The following comments related to engineering have been provided by Frank Pohl: The Design Standards Manual (DSM) does not include a "primitive pedestrian path" as stated in the proposed proffer. Class B trails are described as either a "primitive nature trail' (Type 1) or a "high -maintenance pedestrian path" (Type 2). Please clarify and include the type of proposed trail/path (1 or 2). I have no objection to either a Class B Type 1 trail or Class B Type 2 path, noting the following: • A nature trail (Type 1): o is not as wide as a paved path (primitive is just wide enough to identify it versus 5-ft if paved). o can be steeper (maximum 20% grade) versus a paved path (10% max.). o has minimal maintenance. • A stone dust (or equiv.) path (Type 2): o is the same width as a paved path (5-ft). o has the same max. slope requirements (10%). o costs less to install but has the potential for higher maintenance costs. Building Inspections The reviewer for Building Inspections, Michael Dellinger, had no objections to this proposal. Fire/Rescue The reviewer for Fire/Rescue, Shawn Maddox, had no objections to this proposal. Virginia Department of Transportation, VDOT The reviewer for VDOT, Adam Moore, had no objections to this proposal. See comment letter attached. Albemarle County Service Authority, ACSA The reviewer for ACSA, Richard Nelson, had no objections to this proposal. Rivanna Water and Sewer Authority, RWSA The following comments related to RWSA have been provided by Dyon Vega: 1. Capacity issues for sewer that may affect this proposal. None Known 2. Requires Rivanna Water and Sewer Authority Capacity Certification No 3. Water flow or pressure issues that may affect this proposal None Known 4. "Red Flags" regarding service provision (Use attachments if necessary) None Known Action after Receipt of Comments After you have read this letter, please take one of the actions identified on "Action After Receipt of Comment Letter" which is attached. Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule is provided for your convenience online at: http://www.albemarle.org/upload/images/forms_center/departments/Community_ Development/forms/Zoning Ma p Amendment _Applications/Zoning _Map Amendment_ Resubmittal.pdf Notification and Advertisement Fee The required fee has been paid. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. m Feel free to contact me if you wish to meet or need additional information. I can be reached at mgleasonkalbemarle.org or (434) 296-5832 ext. 3097. Sincerely, Mariah Gleason Senior Planner Planning Division enc: Memorandum from Department of Community Development, Zoning Division Memorandum from Virginia Department of Transportation ZMA201900007 Action After Receipt of Comment Letter Zoning Map Amendment Resubmittal Form 5 County of Albemarle Department of Community Development Memorandum To: Mariah Gleason, Senior Planner From: Rebecca Ragsdale, Principal Planner Division: Zoning Date: 8/1 /19 Subject: 1s' Zoning Comments for ZMA201900007 Hyland Park Proffer Amendment The following comments are provided as input from the Zoning Division regarding the above noted Rezoning. Correct ZMA numbers and TMP numbers: • This proffer statement will supersede previous proffers for Fontana including those approved with ZMA200400018. The application only listed ZMA201100001 but that only amended Proffer 10. • The proffers should not reference 078E0-00-00-15600. It is not part of Hyland Park. • TMP 078E0000101300 was listed twice in the proffers. 078E0000101400 needs to be added to the proffer TMPs. • The ZMA application and proffers do not include the following TMP numbers that are part of Hyland Park: 078E00001000B0, 078E00001000F0. These parcels are now owned by the Fontana Owners Association and ZMA201100001 will still apply to those parcels. Prnffar 1 • July 30, 2007 is the last revised date of the Application Plan. Adding this language as a clarification is acceptable date approved in the proffers should remain. Proffer 5: • The proffer should be revised to be consistent with the Design Standards Manual: Class B- type 1 primitive nature trail of earth, mulch, or stone dust or Class B- type 2 high maintenance pedestrian path of stone, dust, gravel, or equivalent semi -permanent surface. • The trigger for completion of the trail, which serves as a recreational amenity, must comply with Section 4.16.3.3. The proffers must be revised to include completion of the trails when 50% of the units within each phase have received certificates of occupancy. Prnffar R- This proffer includes language that does not apply because it includes proffer language that would apply to affordable housing unit proffers, which this development is not providing. See more detailed comments from Planning on this proffer. Proffer 7: This request is not consistent with any prior cash proffer amendments the County has approved. Currently, with the annual adjustments beginning in 2008, the 2019 amounts due are: CIP contribution: $21,233.09 Affordable housing contribution: $3,408.21 Proffers 8, 9, 10: Proffers 8 and 10 have been satisfied. No comment on Proffer 9. 1 would consider prohibiting Arctic White. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper Virginia 22701 Stephen C. Brich, P.E. Commissioner July 25, 2019 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Mariah Gleason Re: Hyland Park — Rezoning ZMA-2019-00007 Review #1 Dear Ms. Gleason: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as submitted by Highland Park Investments LLC, dated 17 June 2019, and find it to be generally acceptable. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the Charlottesville Residency Transportation and Land Use Section at (434) 422-9399 for information pertaining to this process. If further information is desired, please contact Willis C. Bedsaul at 434-422-9866. Sincerely, Adam J. Moore, P.E. Area Land Use Engineer Charlottesville Residency VirginiaDOT.org WE KEEP VIRGINIA MOVING DEPARTMENT OF COMMUNITY DEVELOPMENT trRrtNl°' ACTION AFTER RECEIPT OF COMMENT LETTER FIRST SET OF COMMENTS Your project has been scheduled for a public hearing by the Planning Commission for September 24, 2019, which is 84 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 August 23, 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. Please do one of the following on or before August 23, 2019: (1) Request deferral to resubmit to address comments, pursuant to Section 33.52(A)(1). Please understand that if a deferral request is made, the Planning Commission public hearing date will be later than September 24, 2019. (2) Request to proceed to a Planning Commission public hearing on September 24, 2019. (3) Withdraw your application. (1) Deferral Request and 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 July 2, 2022. However, all outstanding information necessary for Commission action must be submitted by April 1, 2022, according to the published schedule. (See Section 18-33.52 (A)(2) of the Albemarle County Code). Revised 10-9-18 MCN (2) Proceed to Planning Commission Public Hearing on September 24, 2019 At this time, you may request that your application proceed to public hearing with the Planning Commission on September 24, 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 120 days before the end of the deferral period all of the information required to allow the Board to act on the application. (See Section 18-33.53 (C) of the Albemarle County Code). 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 # Fee Amount $ Date Paid By who? Receipt # Ck# Bv: Resubmittal of information for k» Zoning Map Amendment .N PROJECT NUMBER THAT HAS BEEN ASSIGNED: Owner/Applicant Must Read and Sign I hereby certify that the information provided with this resubmittal is what has been requested from staff Signature of Owner, Contract Purchaser Print Name FEES that may apply: Date Daytime phone number of Signatory ❑ Deferral of scheduled public hearing at applicant's request $194 Resubmittal fees for original Zoning Map Amendment fee of $2,688 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,344 Resubmittal fees for original Zoning Map Amendment fee of $3,763 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,881 To be Daid after staff review for Dublic notice: Most applications for a 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 heard by a public body. ➢ 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) $1.08 for each additional notice + actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/02/2015 Page 1 of 1