HomeMy WebLinkAboutSUB202000226 Review Comments Road Plan and Comps. 2021-04-09 (2)Phone 434-296-5832
County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Memorandum
To: Emily Cox
From: Christopher P. Perez, Senior Planner
Division: Planning
Date: April 9, 2021
Subject: SUB202000226 PLEASANT GREEN PHASE II- ROAD PLANS
Fax 434-972-4126
The County of Albemarle Planning Division will grant or recommend approval of the Road Plan referenced above once the
following comments have been addressed: [Each comment is preceded by the applicable reference, which is to the
Subdivision/Zoning Ordinances unless otherwise specified.]
[32.7.9.5(d)] Street Trees. Throughout the plan there are many street trees that appear to be planted over the
proposed drainage pipes. This is not advisable based on best practices nor does it meet landscape note #2, which
lists that there is a 5' minimum separation of plantings and drainpipes. There are conflicts between street trees and
drainage pipes along Alston Street, Dunnagan Drive, Mccomb Street, Litchford Road, and Lexi Lane. The
drainpipes shall either be relocated to make way for the trees. Or the trees shall be shifted to avoid these pipes.
Rev 1. Comment not addressed. Per the meeting you had with Charles and Emily on 3-31-21 the street trees
that have conflicts with drainpipes or utility lines shall either be relocated or the drainpipes or utility lines
shall be 10' below the proposed plantings. Revise the plan to ensure this comment is addressed.
2. [Virginia State Code § 10.1-606.3, §15.2-2201, § 15.2-2243.11 Pursuant to Virginia State Code § 10.1-606.3, the
Department of Conservation and Recreation (DCR) has made the determination that Phase 2 will change the
spillway design flood standards of the impounding structure, see attached email correspondence. Pursuant to the
same section of the Virginia State Code, `If the Department determines that the plan of development would
change the spillway design flood standards of the impounding structure, the locality shall notpermit development
as defined in §15.2-2201 or redevelopment in the dam break inundation zone unless the developer or subdivider
agrees to alter the plan of development so that it does not alter the spillway design flood standard required of the
impounding structure or he contributes payment to the necessary upgrades to the affected impounding structure
pursuant to § 15.2-2243.1 ... "
Therefore, the County cannot approve this application until this matter is resolved in accordance with Virginia
State Code § 15.2-2243.1. See the attached letter from Megan Nedostup to the applicant dated February 10, 2021
regarding the DBIZ.
Please contact Christopher Perez in the Planning Division by using coerezAalbemarle.org or 434-296-5832 ext. 3443
for further information.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
February 9, 2021
Updated: February 10, 2021*
Jeremy Swink
Vice President, Land — Charlottesville and Richmond Divisions
Stanley Martin Homes
404 People Place #303 Charlottesville, VA 22911
RE: Pleasant Green Phase 2 Plans of Development
Mr. Swink,
Pursuant to Virginia State Code § 10.1-606.3, the Department of Conservation and Recreation (DCR) has
made the determination that Phase 2 will change the spillway design flood standards of the impounding
structure, see attached email correspondence.
Pursuant to the same section of the Virginia State Code, "If the Department determines that the plan of
development would change the spillway design flood standards of the impounding structure, the locality
shall not permit development as defined in §15.2-2201 or redevelopment in the dam break inundation
zone unless the developer or subdivider agrees to alter the plan of development so that it does not alter
the spillway design flood standard required of the impounding structure or he contributes payment to the
necessary upgrades to the affected impounding structure pursuant to § 15.2-2243.1 ...."
Therefore, the County cannot approve the following applications until this matter is resolved in
accordance with Virginia State Code § 15.2-2243.1.
1. WP0202000053 Pleasant Green Phase II —VSMP
2. SUB202000226 Pleasant Green Phase II — Road Plans
3. SUB201900058 Pleasant Green Connector Road Plan
4. WP0201900027 Pleasant Green Connector Road- VSMP*
Optional alternatives:
Request that DCR reconsider its determination — DCR would need to determine not whether existing
development has changed the spillway design flood standards of the impounding structure, but
whether the pending plan of development would change the spillway design flood standards of the
impounding structure (Virginia Code § 15.2-2243.1(A)).
Pagel of 2
Alter the plan of development so that it does not alter the spillway design flood standard required of
the impounding structure (Virginia Code § 10.1-606.3(A)) — DCR would again make any determination
of any altered plan(s) of development.
Required procedures if/when the above alternatives are exhausted:
1. Submit an engineering study to DCR to provide a contract -ready cost estimate for conducting the
upgrades to the impounding structure (Virginia Code § 15.2-2243.1(A)).
2. Contribute 50 percent of the contract -ready costs for necessary upgrades to the impounding structure
attributable to the development, together with administrative fees (Virginia Code § 15.2-2243.1(B)) --
Those amounts would be payable to Dam Safety, Flood Prevention and Protection Assistance Fund
held by the Virginia Resources Authority (County Code § 14-441(A) and § 18-32.8.6(a)).
Please note that the Virginia State Code outlines the order in which the study and payment occur. The
code states the following: "Following the completion of the engineering studies in accordance with
subsection A, and prior to any development within the dam break inundation zone, a locality shall require
that a developer or subdivider of land pay 50 percent of the contract -ready costs for necessary upgrades
to an impounding structure attributable to the development or subdivision, together with administrative
fees not to exceed one percent of the total amount of payment required or $1,000, whichever is less."
Respectfully,
Megan Nedostup
Development Process Manager— Planning Services Division
Albemarle County Community Development Department
mnedostup@albemarle.org
(434)-296-5832 x 3004
CC: Mr. Scott Collins — Collins Engineering (c/o scott@collins-engineering.com )
Page 2 of 2
FW: Pleasant Green 2 - Mint Springs Dam
Megan Nedostup <mnedostup@albemarle.org>
Thu 2/4/2021 5:00 PM
To: Jeremy W. Swink <SwinkJW@stanleymartin.com>; Scott Collins <scott@collins-engineering.com>
Cc: Frank Pohl <fpohl@albemarle.org>; Charles Rapp <rappc@albemarle.org>; Amelia McCulley <AMCCULLE@albemarle.org>;
Andy Herrick <aherrick@albemarle.org>
Good Afternoon,
See the email chain below for the determination by DCR pursuant to State Code § 10.1-606.3 on Phase 2
of Pleasant Green. Under that same section, once DCR makes that determination, the County cannot
permit development in the DBIZ unless certain conditions are met. That section also outlines options for
the developer going forward. Here is the relevant excerpt:
If the Department determines that the plan of development would change the spillway design
flood standards of the impounding structure, the locality shall not permit development as
defined in § 15.2-2201 or redevelopment in the dam break inundation zone unless the
developer or subdivider agrees to alter the plan of development so that it does not alter the
spillway design flood standard required of the impounding structure or he contributes
payment to the necessary upgrades to the affected impounding structure pursuant to § 152-
2243.1.
Best,
Megan Nedostup, AICP
(pronounced nuh-DAHST-up)
Development Process/Project Manager
She, her, hers
Albemarle County
mnedostup@albemarle.org
434-296-5832 x3004
401 McIntire Road, Charlottesville, VA 22902
From: Howard -cooper, Wendy <wendy.howard-cooper@dcr.virginia.gov>
Sent: Wednesday, February 3, 2021 12:59 PM
To: Andy Herrick <aherrick@albemarle.org>
Cc: Deel, Justin <justin.deel@dcr.virginia.gov>; Frank Pohl <fpohl@albemarle.org>; Megan Nedostup
<mnedostup@albemarle.org>; Greg Harper <gharper@albemarle.org>
Subject: Re: FW: Pleasant Green 2 - Mint Springs Dam
CAUTION: This message originated outside the County of Albemarle email system. DO NOT
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Andy,
That is correct. This development plan would change spillway design flood standards for this
impounding structure.
Wendy C. Howard Cooper
Director, Dam Safety and Floodplain Management
State NFIP Coordinator
Department of Conservation and Recreation
600 East Main Street, 24th Floor
Richmond, Virginia 23219
Office (804) 786-5099
Cell (804) 298-4288
Fax (804) 371-2630
"As a human being, I am committed to the promotion of what I call basic human values, by which I
mean especially compassion. Nurturing the compassionate seed within us and acting out of this
innate capacity are the keys to fulfilling our basic aspiration to happiness." Dalai Lama
"Distance means so little, when life means so much." — Amit Kalantri, Wealth of Words
On Wed, Feb 3, 2021 at 12:09 PM Andy Herrick <aherrick@albemarle.org,> wrote:
Ms. Howard -Cooper,
Thanks for your response. So then, in the language of Virginia Code § 10.1-606.3, is it
DCR's deternunation that the plan of development would change the spillway design flood standards of
the impounding structure?
Andy Herrick
Deputy County Attorney
Albemarle County
aherrick@albennarle.org
434-972-4067
401 McIntire Road, Suite 325, Charlottesville, VA 22902
Notice: This message is for the intended recipient only. It likely is protected by the attorneyrchent privilege. If you have received this message in error,
please call (434) 9724A167 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a
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On Wed, Feb 3, 2021 at 9:46 AM Howard -cooper, Wendy <wendy.howard-cooper(o)dcr.virginia.gov>
wrote:
All,
Based on the existing DBIZ, existing conditions identifiable through GIS, and proposed
development, DCR has consistently stated this dam, currently rated as significant hazard, would
require spillway upgrades to meet high hazard dam spillway requirements.
As you have indicated, Virginia Code § 15.2-2243.1 states "If the Department of Conservation and
Recreation detcmunes that a plan of development proposed by a developer or subdivider is wholly or
partially within a dam break inundation zone and would change the spillway design flood standards of
an im oonding structure pursuant to § 10.1-606.3, a locality shall require, prior to its final approval of
a subdivision or development, that a developer or subdivider of land submit an engineering study ..."
Absent a new study demonstrating impacts of structures that now exist, the impact of fill on the
existing maps, and the proposed development, DCR cannot make any other determination. DCR
has recommended the locality obtain a new study to assess all risks related to this impounding
structure and to update the required emergency action plan to include all structures in the dam
break inundation zone.
Please let me know if you have additional questions.
Thank you,
Wendy C. Howard Cooper
Director, Dam Safety and Floodplain Management
State NFIP Coordinator
Department of Conservation and Recreation
600 East Main Street, 24th Floor
Richmond, Virginia 23219
Office (804) 786-5099
Cell (804) 298-4288
Fax (804) 371-2630
"As a human being, I am committed to the promotion of what I call basic human values, by which
I mean especially compassion. Nurturing the compassionate seed within us and acting out of this
innate capacity are the keys to fulfilling our basic aspiration to happiness." Dalai Lama
"Distance means so little, when life means so much." — Amit Kalantri, Wealth of Words