HomeMy WebLinkAboutZMA201900010 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 Fax (434) 972-4176
August 2, 2019
Kelsey Schlein
Shimp Engineering, P.C.
912 E. High St.
Charlottesville, VA 22903
kelseykshimp-en ig neerin com / 434-227-5140
RE: ZMA201900010 3223 Proffit Road
Dear Ms. Schlein:
Staff has reviewed your initial submittal for the zoning map amendment, ZMA201900010, 3223 Proffit Road. 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.
Review comments are provided below, organized by Department, Division, or agency. Our comments are provided below:
Planning — General Application Comments
1. On sheet 2, include the magisterial district this property is located in.
2. On sheet 2 of the concept plan, revise the heading for critical slopes to "Steep Slopes and Stream Buffer."
3. On sheet 2, the open space note should read 4.16 of the Albemarle County Zoning Ordinance.
4. On sheet 2, indicate the existence of a burial site on this property, as this situation is one factor mentioned in the
project narrative for the proposed change in layout. Are there any plans for the locations of the burial sites that are
shown to be near the edge of this property?
5. In the use table on sheet 2, the side setback is mentioned as 10' building separation. Where is this setback coming
from? In 4.19, it appears that non-infill development in R-15 is a 5-ft. setback. Please also be aware of additional
setback requirements for adjacency to parcels not zoned R-10 or R-15, which is the situation for this property.
6. In the uses table, provide information in the driveway standards and garage setbacks row.
7. Please clarify the discrepancy in density: the concept plan states the site would be 11 units per acre under the 80-
unit maximum proposed. However, the project narrative states that the site would be 10 units per acre. In addition,
provide both gross and net density for this site on sheet 2 of the concept plan.
8. Please clarify the discrepancy in structure height: the concept plan says that the maximum building height would
be 4 stories; however, the project narrative states 3 stories in the Consistency with the Neighborhood Model
section.
9. Please clarify whether the sheets from ZMA2018-00006 included on sheet 3 are for informational purposed only,
or if they are considered part of the concept plan as well.
10. The entrance to this proposed development must be opposite from the proposed entrance to the development at
3226 Proffit Road.
11. Is the new interparcel connection shown going north in Block B proposed to connect with North Pointe? It
appears, looking at North Pointe's documentation, that there is a street stub -out shown roughly in this location.
12. Provide more information in the key on sheet 4. There are two areas shown with different hatching on the plan
that are not included in the key.
a. There is an area of cross -lines shown along the frontage of Proffit Road. It appears that this area is the
location of right-of-way dedication proffered in ZMA2018-00006 for right-of-way improvements and the
construction of a sidewalk with planting strip. Are these improvements still proposed with this concept
plan? Identify what this area of cross -lines is? In addition, is this proffer from ZMA2018-00006 proposed
to be amended. It is not clear from the information provided in the concept plan and project narrative.
b. There is an area of hatch marks near the emergency entrance. Is this area proposed for the fire access
easement or right-of-way to provide connection between Proffit Road and the emergency entrance. Please
clarify and identify.
13. Please more clearly identify the areas of managed steep slopes on both sheets 4 and 5. They are difficult to make
out as currently depicted.
14. On sheet 5, what is the long, thin rectange shown near the north side of the managed steep slopes? Is it proposed
as a retaining wall of some sort? Please identify.
15. On sheet 5, provide more information in the key, or include labels on the plan showing what are proposed to be
sidewalks and planting strips. In addition, sidewalks and planting strips should be shown on those portions of
Road C and Road E that are extending into Block B. They appear to be missing on one side. If they are not
proposed, an exception request is required to be submitted and heard before the Planning Commission.
16. Identify on sheet 5 any areas that are proposed at this time to be open space. The project narrative states that a
large area will be open space. However, no specific areas of open space are currently identified.
17. What would the trigger be for the proposed right-of-way dedication for that property in the eastern portion of
Block B, in the buffer areas?
18. In addition, would the buffer areas only be in effect until the right-of-way is dedicated, in the dedication area?
Would the buffers be in place there until the right-of-way is extended?
19. Identify the location of the intermittent stream present on this property on the conceptual site layout.
20. Please be aware that the preservation of open space and protection of natural resources in Block B were factors in
the rezoning for ZMA2018-00006. These elements were discussed by members of the public, both at the
community meeting and at the Planning Commission public hearing. The intermittent stream, trees, and
vegetative buffers on this site, especially in Block B, were factors the Planning Commission discussed and
considered in their recommendation of approval for ZMA2018-00006. These issues should be addressed in the
project narrative.
21. A community meeting has not yet been held for this rezoning application, although one is scheduled for Thursday,
August 15, 2019. Please be advised that additional comments may arise based on discussion that occurs at this
meeting. Community input is taken into consideration by the Planning Commission and the Board of Supervisors.
22. Are any double -frontage lots proposed with this rezoning, such as along Proffit Road? If so, a request for double -
frontage lots must be submitted.
23. Provide a copy of the proffers that are currently associated with this property, approved with ZMA2018-00006. Is
this application proposing to amend these proffers in any way, either to amend individual proffers or to remove
them entirely? Clarify whether the submitted concept plan is intended to be proffered. Please be aware that, as this
property is zoned as a conventional residential zoning district (not a planned district), a concept plan has to be
proffered with a proffer statement (if the applicant so chooses), as it is not required and is not an integral part of
the zoning like an application plan is with a planned district.
24. Provide an updated project narrative stating the proposed impacts to schools and police and fire service.
25. Identify in the concept plan whether the parking will meet the requirements of 4.12 of the Zoning Ordinance. Or if
not, please include in the project narrative the intention to submit a parking waiver request to the Zoning
Administrator, with supporting information.
26. Is it known at this time whether any amenity -oriented lots are proposed at this site?
27. Please clarify whether any proposed open space will be privately owned or dedicated to public use.
28. Are any cross -sections proposed for the street network?
29. The project narrative states that affordable housing will be a component of this project. Provide more information
on how affordable housing is proposed in this development.
30. The property across Proffit Road to the south was recently approved for a rezoning as well. The entrances
between that development and this project would have to meet VDOT standards.
31. Please be advised that site plans and VSMP plans, as well as subdivision plats, are required for townhouse -style,
attached single-family developments.
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 Tax Map Parcel (TMP) 032AO-02-00-00200 as Urban Density Residential land use.
This classification calls for primary uses to consist of residential uses at gross densities between 6.01-34 dwelling
units/acre. Secondary uses in this classification include supporting uses such as religious institutions, schools,
commercial, office and service uses. The proposed rezoning from R-15 Residential to R-15 Residential is consistent with
the Comprehensive Plan land use recommendations.
The Places29 Master Plan calls for Proffit Road to be constructed to a three -lane road section with a multi -use path on one
side of the road and sidewalk on the other. These were proffered improvements shown on the concept plans approved with
ZMA20180006 and in the written proffer statement, including installation of curbing and gutter, a 10' wide planting strip,
and a 6' wide sidewalk along the full length of the property. This design is consistent with the recommended future cross
section specified in Appendix 3 of the Places29 Master Plan. Sufficient right-of-way to allow the future three -lane Proffit
Road cross-section was also proffered with ZMA201800006.
Be aware that these were highly important elements that were favorable factors for staff recommending approval of
ZMA201800006, as well as the recommendations of the Planning Commission and the final Board of Supervisors approval.
Please clarify whether the right-of-way improvements proffered with ZMA2018-00006 are still proposed or if they will
be amended in some way.
The Places29 Master Plan recommends a landscaped residential yard frontage treatment for this section of Proffit
Road. Please refer to page 7-12 of the Master Plan for guidance regarding this frontage treatment. Buildings along the
frontage of Proffit Road should either face Proffit Road or be parallel to the road. The rear of buildings should not face
the street.
The Places29 Master Plan Parks and Green Systems Map recommends that the stream area (including any adjacent steep
slopes) along the north end of the site for protection as a Greenway Buffer. The proposed development shows disturbance
in this area, with a new road and potential housing, whereas ZMA2018-00006 proposed this area as open space. This
element was a topic of discussion and consideration by the Planning Commission in their recommendation of approval for
ZMA2018-00006.
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 largely met with the information that was provided. However, no
sidewalks are specifically shown on portions of Roads C and E extending into Block B.
In addition, sidewalks are not specifically labelled on the concept plan, or included in
the plan key. Clarify whether the improvements and cross -sections included in the
proffers for ZMA2018-00006 are intended to remain or be amended with this rezoning.
The concept plan demonstrates that the project will be developed in a block format. Is
there an estimate for the proposed block length of the blocks in this development. The
Comprehensive Plan supports pedestrian interconnections between adjacent parcels, as
well as sidewalks internal to a development.
Mixture of Uses
This principle is not met. However, it is recognized that the concept plan uses table
states that all by -right uses and special uses listed in the Zoning Ordinance for the R-15
Zoning District will be possible within the development, which may allow for the
possibility for a small range of different uses. In addition, the Comprehensive Plan calls
for this area to be Urban Density Residential, which recommends an area of largely
residential uses.
Neighborhood Centers
This principle is not met. The conceptual plan shows a central square area in Block A;
however, it is not clear whether this area is proposed as a center for the development or
intended for some other use. In addition, no other specific areas of open space that could
serve as a center for the development are identified in this concept plan. However, it
appears that Road E is proposed to connect to North Pointe, which is a designated
center in the comprehensive plan and could provide services and amenities that are
expected in a neighborhood center.
Mixture of Housing Types
This principle is partially met. The Concept Plan explains that all uses permitted by
and Affordability
right and through special use permit in the R-15 Zoning District will be possible within
the development, subject to other County Code requirements. This will allow for a
mixture of uses and housing types (e.g. single family, multifamily, etc.). In addition, the
project narrative states that affordable housing will be a component of this
development; however, it does not identify how this component will be addressed.
Relegated Parking
This principle is partially met. The project narrative states that relegated parking will
occur along Proffit Road. However, this is not identified on the concept plan. If this
were to occur, it is likely that double frontage lots would be needed, which require a
waiver request to be submitted. In addition, it is not clear if other areas of the site are
proposed to have relegated parking.
Interconnected Streets and
This principle is met. The conceptual plan demonstrates that the development will
Transportation Networks
include street stub -outs to the properties to the east and west, as well as to the north to
connect with North Pointe. The plan shows a grid of public streets throughout the site.
Multimodal Transportation
This principle is partially met. Clarify whether right-of-way dedication and
Opportunities
improvements are still proposed, as was approved with ZMA2018-00006.
The Long Term Transit Network map (Figure 4.9 of the Places29 Master Plan) does not
designate any future transit service being provided down profit Road adjacent to the
subject parcel. However, the plan does call for future local collector transit service to
be provided along Worth Crossing and Leake Square, which are located approximately
two -hundred and fifty feet (250') to the west of the subject parcel. The plan also calls
for a future bus rapid transit (BRT) route along Route 29 to the west of the subject
parcel. Therefore, nearby access to public transit will be possible in the future.
It does not appear that bike lanes will be installed within the development, as they are
neither shown in the conceptual plan nor discussed in the project narrative.
Parks, Recreational
This principle is partially met. The conceptual plan states that open space will be
Amenities, and Open Space
provided in accordance with 4.16 of the Zoning Ordinance. However, no open space is
depicted on the plan. In addition, the open space that was proposed for Block B in
ZMA2018-00006 is now proposed to be developed.
Buildings and Spaces of
This principle is partially met. The conceptual plan shows sidewalks along the internal
Human Scale
street and vehicular travelway network. The buildings are within the recommended
heights of the comprehensive plan. However, open space is not depicted on the concept
plan.
Redevelopment
This principle is met. The property currently contains one single-family residential
structure. The rezoning request will allow for redevelopment of the parcel at a higher
density than the current use, in accordance with the Urban Density Residential land use
classification recommended by the Places29 Master Plan.
Respecting Terrain and
This principle is partially met. The property contains environmental features, such as
Careful Grading and Re-
managed steep slopes. However, this area may be developed. In addition, land identified
grading of Terrain
as open space in ZMA2018-00006 is now proposed for development. Any grading that
would occur must meet the requirements of Albemarle County Code during the site plan
stage of any potential development plan.
Clear Boundaries Between
This principle is not applicable to the request. The subject property is located within the
the Development Areas and
Places29 Development Area. No improvements or changes in use near any boundaries
the Rural Area
with the Rural Area are proposed.
Planning - Transportation
No objection at this time. Kevin McDermott, Transportation Principal Planner, kmcdermottkalbemarle.org.
Zoning Division, Community Development Department
The following comments regarding this proposal have been provided by Francis MacCall, Principal Planner,
fmaccall@albemarle.org:
Revisions to the existing proffers will more than likely be needed to address the changes proposed with this amendment.
Specifically, reference to a new plan and proffer #1 and #4 regarding the TMPs that are part of the revised
interconnections or buffers, plus any additional as recommended by planning staff.
Engineering & Water Resources Division, Community Development Department
The following comments regarding this proposal have been provided by the County Engineer, Frank Pohl,
fnohlgalbemarle.org:
The applicant should confirm with USACE if there are any wetlands on the site, unless this has already been done. My
concern is near the small pond in the rear of the parcel in Block B.
Building Inspections Division, Community Development Department
No objection at this time. Michael Dellinger, Building Official, mdellinger@albemarle.org.
Albemarle County Fire -Rescue
No objection at this time. Shawn Maddox, Fire & Rescue plans reviewer, smaddoxkalbemarle.org.
Albemarle County Service Authority
Please see the attached comments from ACSA plans reviewer, Richard Nelson, melson(c-r�,serviceauthority.org .
Virginia Department of Transportation
Comments will be forwarded to applicant upon receipt by County staff. VDOT contact — Adam Moore,
adam.mooregvdot.vir ig nia.gov.
Rivanna Water and Sewer Authority
The following comments regarding this proposal have been provided by Dyon Vega, Civil Engineer, dvegagrivanna.org:
To be filled out by RWSA for ZMA's and SP's
1. Capacity issues for sewer that may affect this proposal
2. Requires Rivanna Water and Sewer Authority Capacity Certification
3. Water flow or pressure issues that may affect this proposal
None Known
Yes X-No
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/schedules/SpeciaI_
Use_Permit & Zoning_Map_Amendment_Schedule.pdf
Notification and Advertisement Fees
It appears that the Public Notice Requirement fees have already been paid for this application.
Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a
new date.
Please feel free to contact me if you wish to meet or need additional information. My email address is
areitelbach(&albemarle.org, and my phone number is 434-296-5832 ext. 3261.
Sincerely,
Andy Reitelbach
Senior Planner
Planning Division, Department of Community Development
enc: Memorandum from Albemarle County Service Authority
ZMA2019-00010 Action After Receipt of Comments
Zoning Map Amendment Resubmittal Form
ALBEMARLE COUNTY COMMUNITY DEVELOPMENT — Information from Service Providers
To be filled out by ACSA for ZMA's and SP's
1) Is this site in the jurisdictional area for water and/or sewer? Yes
2) What is the distance to the closest water and sewer line, if in the jurisdictional area? Water is
located on Proffit. Shimp has explored connecting to sewer in Estes Park.
3) Are there water pressure issues which may affect the proposed use as shown on plan? Water
pressure may be high in this area. PRVs may be required if pressure is above 80 psi on site.
4) Are there major upgrades needed to the water distribution or sewer collection system of which the
applicant and staff should be aware?
5) Are there other service provision issues such as the need for grinder pumps?
6) Which issues should be resolved at the SP/ZMA stage and which issues can be resolved at the site
plan/plat stage?
7) If the project is a large water user, what long term impacts or implications do you forsee?
8) Additional comments?
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. All
advertising fees must be paid by August 23, 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: ZMA2019-00010
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