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HomeMy WebLinkAboutZMA201900009 Review Comments Zoning Map Amendment 2019-08-02COUNTY OFALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 August 2, 2019 Kelsey Schlein and Justin Shimp Shimp Engineering 912 E High Street Charlottesville, VA 22902 RE: ZMA2019-009 River's Edge South Ms. Schlein: Fax (434) 972-4176 Staff has reviewed your initial submittal for a zoning map amendment (ZMA) for the River's Edge South development. We have a number of questions and comments which we believe should be addressed before we can recommend favorably on your ZMA request. We would be glad to meet with you to discuss these issues. Our comments are provided below: Rezoning General Application Comments: 1. A community meeting has not been conducted for this application to date. Please coordinate with staff to schedule the meeting. Attached to this comment letter is the notification list. 2. The proposed density of 72 maximum units is above the Comprehensive Plan recommendation for density. A maximum density of 34 dwelling units per acre are recommended under the comprehensive plan designation of Urban Density Residential. Excluding the land under the Water Protection Ordinance stream buffer, flood plain, and steep slopes, the maximum density would equate to 41 dwelling units. Revise the application to meet the comp plan recommendations for density. 3. There is conflicting information within the application as it relates to residential uses. It is stated in various places that the proposal is for "multi -family", however there is also a statement on Sheet 2 that states that townhomes and single family attached are permitted. Please clarify the intent and if multi- family is the intention, a commitment should be made that the type of housing will be limited to multi- family. If other types of housing are expect, additional requirements may be needed, such as a second access for fire/rescue. Additionally, if the property is subdivided for townhomes, street frontage, building sites, and other requirements will be needed. Application Plan: Planning/Zoning (Megan Nedostup; Lea Brumfield): 1. Show the proposed entrance and street network for North Pointe that this development will be using for access. While the site plan and road plans for that development have not received final approval, they are close and that information should be shown on the plan. 1. Will the access easement that was provided through North Pointe be adequate for this development? Coordination will need to occur with North Pointe. Please note that the design will only allow right in and right out off of the proposed street within North Pointe for this development. Include in the application the instrument ensuring access to the site through tax map parcel 03200-00-00-022K0. Current development plans for that site do not conform to the alignment of the access easement portrayed on Sheet 9 of the application plan, Proposed Circulation. 2. The existing conditions sheets does not show the basketball/asphalt play court that is on site. Show all existing conditions, facilities, and units. 3. Conceptual grading is only shown for the buildings and parking, will there be additional grading needed for the access into the site? If so, show the conceptual grading for the access. 4. Indicate the type of street proposed or if it is an accessway only. On Sheet 6 it states "right of way reservation" in the table. Clarify. 5. Stepbacks for buildings over 40 feet tall or the third story are required per 4.19. There is a maximum building height regulation of 65 within the PRD section of the ordinance, but if you wish to be more retrictive, that can be done with your note. However, the setback language should be added to the application. 6. 4.19 does not cover maximum yard setbacks. for non-infill for PRD zoning. This will need to be stated either to list the maximum or state "no max". 7. Sheet 6 of the application plan, Land Use, shows 3.43 acres of the parcel designated as "Preservation Area," with permitted uses including utilities and primitive buildings. However, the County definition of "preservation area" describes an area with "natural features such as non -tidal wetlands, floodplain, streams and stream buffers that are to be preserved in a natural state and not be developed with any manmade feature." (Emphasis added.) Either remove the reference to utilities and primitive buildings, or adjust the plan to show which areas will be "preserved areas" and which will permit manmade features. Alternatively, if "preservation area" as shown on the application plan is intended to serve as "Open Space," change the designation on the plan. Currently there is no dedicated "Open Space" on the plan. Additionally, note that only 80% of the required open space may be located on preserved slopes. The plan appears to conform with this requirement, but the area designated as an open space amenity must be accessible to the residents for recreational use. 8. Managed and Preserved Slopes: a) The proposed development as shown on Sheet 7 of the application plan shows structures and parking areas encroaching upon managed slopes. The applicant should note that encroachment onto the managed slopes will require adherence to design standards as outlined in Zoning Ordinance section 30.7.5. b) The proposed development as shown on Sheet 7 of the application plan shows structures narrowly avoiding preserved slopes. The applicant should note that encroachment onto the preserved slopes is not permitted, and staging for the construction of the development also may not disturb the preserved slopes. Fencing and other measures to avoid encroachment onto the preserved slopes will be required at the site plan stage. If encroachment is not avoidable, a VSMP will be required. 9. Parking: The proposal lists a potential of up to 72 units, portrayed on Sheet 7 of the application plan, Conceptual Stormwater & Grading, as multifamily units. However, 72 units would require an absolute minimum of 90 parking spaces for 72 units under 500 sf, with a likely requirement of upwards of 120 parking spaces for a mix of one and two -bedroom units. Parking reductions are unlikely due to the location of the project. Please demonstrate how parking requirements may be met under these conditions. 10. Will retaining walls be required for the development? If so, a note/commitment should be made that in order to address the Neighborhood Model principles, that all retaining walls should meet the design standards set forth in Section 30 for managed slopes in the ordinance. 11. The majority of the open space depicted on the plan is 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. While there is a note that states the requirement, demonstrate on an exhibit how this requirement will be met. 12. 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. Label on the plan the open space dedicated to satisfy the requirements of 19.6. 13. The Affordable Housing Policy of the Comprehensive Plan recommends that 15% of housing be affordable. Will affordable units be provided? Please address this policy. 14. The Places29 Master Plan shows a multiple trails through these properties. One that is along the Rivanna 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 primitive trail system shown that does not match those recommended in the Master Plan. 15. 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. See comments from Margaret Maliszewski ARB below. 16. 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. Comments by the Natural Resources Manager will be forthcoming following this comment letter. 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 h•4aster 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. 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. Private stormwater discharges through preserved slopes is not a by -right use [30.7.4]. 2. Sheet 5 - Provide contour labels and stream cross-section flood elevations as shown on FEMA maps (or VFRIS). 3. Central sewerage system approval is required [16]. Transportation (Adam Moore (VDOT)): 1. 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. 2. Provide trip generation data for the seventy-two units. Albemarle County Service Authority (Richard Nelson): 1. Water pressure may be high in this area. PRVs may be required if pressure is above 80 psi on site. 2. Contact ACSA for draft connection fees if not already provided. This parcel falls in the North Fork South Zone Special Rate district (sewer connection fees will be higher). Explore connecting water and sewer to North Pointe. Reach out to the design engineer for North Pointe to possibly negotiate upsizing water main at the along Dillon Ct to provide adequate water supply to parcel. Comprehensive 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 Urban Density Residential- residential use (6-34 units/acre); supporting uses such as religious institutions, schools, commercial, office and service uses; Privately Owned Open Space; Environmental Features- privately owned recreational amenities and open space; floodplains, steep slopes, wetlands, and other environmental features. Neighborhood Model Pedestrian . Changes need to be made to include trails as recommended in the Master Plan Orientation . Will the accessway/street provide sidewalks that connect to North Pointe? How will pedestrian orientation be provided on site. This principle is not met. Mixture of Uses . The proposal is for residential uses only, however there will be a mixture of uses within the immediate area including other residential and commercial uses in North Pointe. i- Neighborhood . This principle is not applicable. A center designation is not recommended for this Centers site or adjacent to the site. Mixture of . 15% affordable housing as recommended is not being provided. A commitment Housing Types should be made to meet the recommendations for affordable housing within the and Comp Plan. Affordability . It is unclear if one housing type or multiple housing types will be provided on site. Clarification needs to be made on the application regarding residential units. Interconnected Streets and Transportation Networks r F Multi -modal Transportation Opportunities Parks, Recreational Amenities, and i Open Space r Buildings and Space of Human Scale However, the proximity to North Pointe allows for a mixture of housing within the area and one housing type could be appropriate at this site. This principle is not met. • As stated above, information regarding the connection to North Pointe needs to be provided. • This principle is not met. • As stated above, a multi -use trail needs to be provided along Route 29 and a primitive trail should be provided along the river as recommended in the Master Plan. • This principle is not met. • As state above, clarification around recreation, amenities, and open space is needed. • This principle is not met. Due to the environmental constraints on the site, the buildings cannot be oriented toward Route 29. However, it is unclear if the buildings will be of scale internal to the site. The siting of the buildings and pedestrian ways should consider the recommendations within the Neighborhood Model section of the Comp Plan. Relegated . Due to the environmental constraints on the site, parking is the central component Parking of the design but relegated away from Route 29. It is not clear if there will be an internal street. If an internal street will be created, then parking will need to be relegated. This principle is not met. Redevelopment r . This proposal is on property that is currently not developed, therefore, this principle does not apply. i Respecting I It is unclear if there will be retaining walls needed for the development of the site. Terrain and If retaining walls are proposed, a commitment to meet the design requirements Careful for managed slopes (walls no taller than 6 feet, etc) should be provided. Grading and This principle is not met. Re -grading of Terrain i Clear The property adjacent to the site that is zoned Rural Areas is buffered by the Boundaries Rivanna River and the proposed open space. with the Rural . This principle is met Area Action after Receipt 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. 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. 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, Megan Nedostup, AICP Principal Planner Planning Services 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). (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. Revised 10-9-18 MCN (3) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Resuhmittals 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 your 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