Loading...
HomeMy WebLinkAboutZMA201900007 Review Comments Zoning Map Amendment 2019-10-02@� pF A vjRGII3SQ+ COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 October 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 first resubmittal for the zoning map amendment, ZMA201900007, Hyland Park. Review comments are provided below, organized by Department, Division, or agency. Planning Application Comments 1. Please reference the assigned ZMA application number for this project, ZMA201900007, in future materials and submissions. Rev. 1: Comment addressed. 2. 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..." Rev. 1: Comment addressed. 3. 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. Rev. 1: Comment addressed. 4. 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. Rev. 1: Comment addressed. 5. [Based on Rev. 1, dated August 21, 20191 Thank you for revising the language for Proffer #6. However, there now appears to be a conflict with the revised language of Proffer #6 and Proffer #7. Please refer to review comments from the County Attorney below. 6. [Based on Rev. 1, dated August 21, 20191 For clarity, staff suggests amending the parenthetical in the top right corner of the revised proffer statement to read "Amendment #3: ZMA 94-06 and ZMA 04-18". In addition, please consider a slight rewording of the last sentence in the first paragraph to "This proffer statement shall amend and supersede all previous proffer statements (ZMA1994-06 and ZMA2004-18) for Fontana Phase 4C for the parcels listed." 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 078E0000IOOIOO 078E0000100200 078E0000100300 078E0000100400 078E0000100500 078E0000100700 078E0000100800 078E0000100900 078E0000101000 078E0000IOIIOO 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. 2 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. Rev. 1: The applicant has since clarified the trail type as Class B- Type 1. 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 connections 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 that are adequate for handling expected bike/pedestrian travel. Rev. 1: The applicant has clarified the trail type as Class B- Type 1, however Staff is unable to definitively state that the surface material is adequate for handling high volumes of bicycle/pedestrian travel/use. However, per the approved road plan for this development, SUB201700102, sidewalks are already being provided on both sides of the streets, so this network of primitive trails is acting as an added amenity for the neighborhood and not a replacement for a primary bicycle/pedestrian travel network. (Note: The approved rezoning plan, ZMA200400018, notes that trails, or "pedestrian path corridors" as they are referred to in the rezoning plan, will be loft in width.) 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 reviewer for transportation -related aspects, Daniel Butch, had no objections to the revised proposal. 3 Zoning The reviewer for zoning -related aspects, Rebecca Ragsdale, had the following comments: 1. Zoning proffer comments are captured by County Attorney comments. 2. Allowing credits for by -right units is consistent with some prior approved proffers. There have been several rezoning requests to reduce the per unit amount originally proffered which essentially is the applicants requests, although via the annual adjustment. Previous requests to reduce cash proffer amounts have not been approved. Engineering The reviewer for engineering -related aspects, Frank Pohl, had no objections to the revised proposal. Countv Attorne The County Attorney, Andy Herrick, had the following comments: 1. Unfortunately, at least two of Hyland Park's revised proffers still do not address our prior comments: a. Proffer 6 - I'd suggest the following replacement first paragraph: "Cash proffer: The Owner shall contribute Seventeen Thousand Five Hundred and 0/100 Dollars ($17,500.00), as adjusted by Proffer 7 below, for each dwelling unit in excess of the nine (9) dwelling units allowed by right prior to the approval of ZMA2019-00007. This cash contribution shall begin after the issuance of the building permit for the ninth dwelling unit and prior to (or at the time of) the issuance of the building permit for the tenth dwelling unit. Credit will be applied for any cash proffer payments made under this proffer in advance of this proffer's approval." i. For some reason, the existing proposed proffer uses a variety of different terms: "single-family detached units", "single family detached dwelling unit", "market rate single family units", and "single family dwelling unit." Unless there's a reason for doing so, the proffer should consistently use the most inclusive term throughout: "dwelling unit." ii. The existing proposed proffer also ties the timing to the issuance of Certificates of Occupancy, even though the second paragraph of existing Proffer 6 already ties them to building permits. iii. The above language is a suggested new first paragraph of Proffer 6, to immediately precede the existing second paragraph. b. Proffer 7 — By delaying the inflation indexing of its cash proffers by 11 years, the applicant is proposing a significant reduction of those proffers. I don't think that's consistent with any previously approved proffer amendments. 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. 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 mgleasongalbemarle.org or (434) 296-5832 ext. 3097. Sincerely, kdua *1 Mariah Gleason Senior Planner Planning Division enc: ZMA201900007 Action After Receipt of Comment Letter (October 2, 2019) Zoning Map Amendment Resubmittal Form 5 ���pti.4lRnjq �'IRGSD}L� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 ACTION AFTER RECEIPT OF COMMENT LETTER RESUBMITTAL Within 10 days, please do one of the following: (1) Request a Planning Commission public hearing date be scheduled (2) Resubmit in Response to Review Comments (3) Withdraw your application (1) Request a Planning Commission public hearing date be scheduled You may request that your application to be scheduled for public hearing with the Planning Commission. Please note, once a Planning Commission date is requested, no additional information, revisions, documents, etc will be accepted for review and analysis. (2) Resubmittal in Response to Review Comments Make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. The full resubmittal schedule may be found at www.albemarle.org in the "forms" section at the Community Development page. In your comment response letter with your resubmittal, please indicate whether or not you would like to proceed straight to the Planning Commission without getting comments back, or if you prefer to have comments. If you choose to go straight to the Planning Commission, please note that no additional information, revisions, documents, etc will be accepted after your resubmittal. 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.) (3) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Revised 9-17-19 MCN 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 90 days before the end of the deferral period all of the information required to allow the Board to act on the application, or fails to request a deferral as provided in subsection 33.52(B) or (C). 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 9-17-19 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