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HomeMy WebLinkAboutZMA202100005 Review Comments Zoning Map Amendment 2021-06-10COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone(434) 296-5832 Fax (434)972-4176 June 4, 2021 Ms. Kelsey Schlein Shimp Engineering, PC 912 E. High Street Charlottesville, VA 22902 kelsgy@shimp-en ing eering com / 434-227-5140 RE: ZMA202100005 1805 Avon Street PRD Dear Ms. Schlein: Staff has reviewed your initial submittal for the zoning map amendment, ZMA202100005, 1805 Avon Street PRD. 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. Revise the narrative and application plan with the assigned application number for this project, ZMA2021-00005. 2. Clarify both in the project narrative and on the application plan that the proposed density of 24 units per acre is both the gross and net density for the project. 3. How tall are the residential buildings, especially the multi -family buildings, proposed to be? The requested zoning district, PRD, would permit building heights up to 65 feet, or roughly six stories. However, the master plan for this area (page 33) recommends a maximum building height of three stories (or approximately 30-35 feet). 4. The master plan for the Southern and Western Urban Neighborhoods recommends a greenway trail (or potentially sidewalk or multi -use path) along Avon Street Ext. (see page 23). The recently completed corridor study for Avon St. Ext. also recommends a multi -use path along Avon St. Ext. In addition, the master plan recommends bicycle and pedestrian facilities be constructed along Avon St. Ext. (see page 63). 5. Chapter 6 of the County's Comprehensive Plan recommends that a minimum of 15% of dwelling units be designated as affordable housing units. (See below for additional comments regarding affordable housing from Stacy Pethia, the County's Principal Planner for Housing.) 6. Is the existing 12' access easement (DB 359, page 474) proposed to be incorporated into the development in any way, such as for general access or emergency access? The plans do not show it connecting with other travelways proposed in the development. 7. Are any interparcel connections proposed with the church parcel to the south or the residential properties to the north-northwest? Such connections are an important factor in promoting an interconnected street network and multi -modal transportation opportunities. 8. In the narrative, include a section on the impact of this development on police and fire -rescue services. 9. Is it proposed that this development will be subdivided-? Or will the entire project remain under common ownership? If subdivision occurs, then the applicable regulations in Chapter 14 of the County Code would have to be met, such as frontage requirements, sidewalks, and planting strips. An entity would also need to be created or designated for ownership and maintenance of common features of the development. 10. The subdivision ordinance requires sidewalks and planting strips to be provided on both sides of a street, unless waived by the Planning Commission. The street sections shown on sheet 8 of the application plan show no planting strips and a sidewalk on only one side of the proposed street. 11. Public streets in residential developments are preferred over private streets in the development areas of the County. Private streets in the development areas require private street requests to be submitted. 12. Student generation numbers and school capacity have been closely considered by the Planning Commission and Board of Supervisors recently. Mountain View Elementary School and Monticello High School are both currently over capacity, and this development would generate additional students for these schools. 13. As a PRD, an improved level of amenities and creative design of the site should be provided. Provide more information on the open space and recreational facilities proposed to be included in this development. Recreation requirements mandate a minimum of 200 square feet be provided per dwelling unit, up to 5% of the site area. With 85 units proposed, 7,900 sq. ft. of recreational space is required. Identify how much recreational space is proposed on the site so that staff can evaluate the proposed recreational and open space areas. a. Identify expected locations of the required recreational facilities so that staff can ensure the proposed amenity spaces are large enough to accommodate these facilities. According to 18-4.16.2, a minimum of two tot lots of at least 2,000 sq. ft. each is required and a minimum of one %-court basketball pads of 30 ft. by 30 ft. each is required. b. If facilities other than what are identified in the zoning ordinance are desired, substitution requests should be submitted so that staff can evaluate to ensure adequate facilities are provided. 14. Is the open and amenity space proposed to be privately owned (such as by an HOA) or dedicated to public use? 15. Advisory Comment: If this rezoning application is approved by the Board of Supervisors, additional site development plans will be required, which include initial and final site plans, ARB plans, VSMP plans, WPO plans, subdivision plats (if applicable), etc. Comprehensive Plan Additional comments on how your proposal relates to the Comprehensive Plan and the Southern and Western Urban Neighborhoods (SAWUN) Plan are provided below. Comments on conformity with the Comprehensive Plan and associated master plan are provided to the Planning Commission and Board of Supervisors as part of the staff report. The SAWUN Master Plan identifies Tax Map Parcels (TMPs) 90-35D and 90-35H as Urban Density Residential land use. The UDR classification calls for a mix of residential uses as the primary use pattern, with limited neighborhood -scale commercial and institutional uses permitted as secondary uses. The requested maximum number of units and density of the site falls within the range recommended by the master plan, which is 6-34 units per acre. The height of buildings is recommended to be 1-3 stories. It is unclear how tall the proposed buildings will be. However, the requested zoning district permits buildings taller than what is recommended in the master plan. The master plan recommends a greenway trail, such as a sidewalk or multi -use path, be provided along Avon Street Ext. (page 23), which is the public road that the subject property has frontage on. The subject property is located within the vicinity of another area of importance within this master plan's jurisdiction (see #2 on page 45 of the master plan). Additional information should be provided in the project narrative regarding this proposal's relationship to that area and elements identified in that section, such as pedestrian orientation, relegated parking, and buildings and spaces of human scale. 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 could be strengthened, as there are no sidewalks depicted along the north side of proposed Private Street A. The SAWUN master plan recommends a sidewalk or multi -use path along Avon St. Ext. Retaining walls along sidewalks could create unfriendly environments for pedestrians, depending on the heights of the walls, as they could act like barriers for pedestrians. Mixture of Uses Although only residential uses are proposed for this property, a mixture of different housing types are proposed, including multi -family and single-family attached units. Neighborhood Centers There is no designated neighborhood center depicted on this plan. However, the larger open space areas are located near the center of the proposed development and these areas could act as a neighborhood center depending on the amenities and recreational facilities proposed to be located there. Mixture of Housing Types A mixture of housing types is being provided, including single-family attached units and Affordability and a variety of multi -family units, such as apartments and duplexes. There may be a mixture of affordability provided because of the housing types mixture. None of the units are proposed to be designated as affordable, as recommended in the County's housing policy (which recommends 15%). Relegated Parking The parking areas appear to be relegated from Avon Street Ext. The parking areas for the multi -family units also appear to be relegated to the sides of the buildings, as the buildings front on the internal streets. The townhouse units appear to have front -loading garages and driveways. Interconnected Streets and It is unclear whether there are interconnected street networks. It appears no connections Transportation Networks are proposed with 90-35A or 90-35C. In addition, the only connection with the adjacent Avinity subdivision is an emergency fire route. Private streets do not necessarily contribute to interconnected street networks, as they can be closed off to the general public, preventing a fully interconnected network. Multimodal Transportation This principle is largely not met. Only vehicular transportation appears to be Opportunities accommodated, with some sidewalks located throughout the development. Parks, Recreational Although a PRD requires a minimum of 25% open space, it is unclear how much is Amenities, and Open Space being proposed with this development. In addition, no recreational facilities, or their proposed locations, have been provided at this time for staff to analyze. Buildings and Spaces of More information is needed, as it is unclear how tall the proposed buildings will be. In Human Scale addition, as there are several retaining walls proposed along sidewalks, it will be important that these walls do not overwhelm pedestrians using these sidewalks. Redevelopment This principle is met, as these two subject parcels are proposed to be redeveloped with a higher density of residential units than what currently exists on the property. Respecting Terrain and There are areas of managed steep slopes on this property. These areas can be disturbed; Careful Grading and Re- however, careful grading of these areas will be important, and any retaining walls grading of Terrain propseod for these areas must meet the requirements identified in the zoning ordinance. Clear Boundaries Between This principle is not applicable to the request. the Development Areas and the Rural Area Planning - Transportation The following comments regarding this proposal have been provided by Daniel Butch, Transportation Senior Planner, dbutch@albemarle.org: The Avon St. Ext. Corridor Study identifies a recommendation for a 10' shared use path within public right-of-way along Avon St. Ext. frontage. Zoning Division, Community Development Department The following comments regarding this proposal have been provided by Francis MacCall, Zoning Chief of Planning, fmaccall@albemarle.org: I have no specific Zoning issues/recommendations at this time. Engineering & Water Resources Division, Community Development Department The following comments regarding this proposal have been provided by the County Engineer, Frank Pohl, fpohl@albemarle.org: Comments: - Redevelopment requirements will apply during VSMP permitting [9VAC25-870-63.2]. - Refer to WPO201300044-Avinity approved plans and adjust stormwater discharge from the site accordingly. It doesn't appear discharge to the Avinity Estates will be possible without an easement from Avinity Estates HOA. Refer to WPO201500057 and plat at DB5124 pg676. - It is highly recommended to incorporate pervious pavement in off-street parking spaces to reduce stormwater runoff. - If stormwater is routed through the pond in Avinity, the basin will need to be analyzed for the 100-yr event to ensure it meets freeboard/overflow requirements. - Stormwater detention may be required for the portion of the site draining towards Avon Street Extended. Detention located within the private street ROW is prohibited. - Off-street parking lots may require a longer throat before the first parking space to provide separation from parking. Building Inspections Division, Community Development Department The following comments regarding this proposal have been provided by Betty Slough, Building Plans Reviewer, bsloughgalbemarle.org: Add the following note to the general notes page: Retaining walls greater than 3 feet in height require a separate building permit. Walls exceeding 4 feet in height require a stamped engineered design also. Walls require inspections as outlined in the USBC. Add the following note to the general notes page: Accessible parking spaces, access isles, and accessible route shall be installed in accordance with ICC ANSI A117.1-09 and the 2015 Virginia Construction Code. Add the following note to the general notes page: ALL water lines, sewer lines, and fire lines from the main to the structure located on private property MUST have a visual inspection performed by the building department. Add the following note to the general notes page: Where the flood level rims of plumbing fixtures are below the elevation of the manhole cover of the next upstream manhole in the public sewer, the fixtures shall be protected by a backwater valve installed in the building drain, branch of the building drain or horizontal branch serving such fixtures. Plumbing fixtures having flood level rims above the elevation of the manhole cover of the next upstream manhole in the public sewer shall not discharge through a backwater valve. Add the following to the general notes page: All roof drains shall discharge in a manner not to cause a public nuisance and not over sidewalks. Note to developer: Due to required distances from lot lines and structures as required by the NFPA, underground propane tanks may be prohibited. Plan accordingly. Add the following note to the general notes page: Buildings or structures built before January 1, 1985 must have an asbestos survey performed in order to apply for a demolition permit. Asbestos removal permits are required if positive for such from Albemarle County and VDOLI. Contact VDOLI for their additional requirements and permits for demolition projects at 540-562-3580 xl31. Architectural Review Board, Community Development Department The following comments regarding this proposal have been provided by Margaret Maliszewski, ARB Chief of Planning, mmaliszewskigalbemarle.org: Currently, Entrance Corridor regulations are not being applied to the Avon Street corridor. Albemarle County Housing Division The following comments regarding this proposal have been provided by Stacy Pethia, Principal Planner of Housing, spethia@albemarle.org: The narrative states the mixture of housing types and size being proposed means `there will inherently be a mixture of affordability in the this PRD'. We need a bit more information about this statement: • Will this affordability meet County definitions of affordable housing? • If yes, what percentage of units will meet this definition? • What types of units will be designated affordable? • Will affordable units be renter -occupied or owner -occupied? Albemarle County Fire -Rescue The following comments regarding this proposal have been provided by Howard Lagomarsino, Fire & Rescue plans reviewer, hlaeomarsinogalbemarle.org: No Objection to Zoning Map Amendment: However, though not necessary to directly address at this stage but to help in planning future steps of this project here are points of concern for ACFR and apply as appropriate in reviewing projects: 1) To accommodate emergency/fire vehicle access, emergency vehicle access road(s)/route(s) are required 2) Fire apparatus access roads shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the buildings or facility 3) An emergency/fire vehicle access road/route needs to provide a suitable surface to sustain the weight of emergency apparatus weighing up to 85,000 lbs. 4) An emergency/fire vehicle access road/route needs to provide an unobstructed travel way width of 20 ft. if buildings/structures are under 30 feet tall and 26 ft. if buildings/structures are over 30 feet tall 5) Emergency/fire vehicle access roads need to be clear of overhead obstructions at 13 ft 6 in. and below 6) To accommodate fire apparatus, turn radii serving fire apparatus access must be a minimum of 25 ft. 7) To ensure that parking does not obstruct the emergency apparatus travel way as described above, no parking signs are required in appropriate areas 8) Any dead-end longer than 150 ft requires an approved turn around for emergency apparatus 9) Road grade cannot exceed 10 % 10) Provide a note of the required ISO fire calculation for the buildings 11) Indicate on the plan the latest ACSW flow test to ensure adequate fire flow per calculation in comment # 6 12) Provide the locations of required fire hydrants as determined by calculations in # 6 with spacing in accordance with the required fire flow calculation (minimum of 500 feet and arranged so that no building is more than 250 feet from a hydrant) 13) Fire suppression, fire alerting systems and other building design features, such as exits, interior finishes, building access etc., are the purview of the building official and required as directed by that office. 14) If fire suppression systems or standpipes are installed the FDC must face the road, on address side and there needs to be hydrant within 100 ft. of the FDC, arranged so that when hydrant and FDC are in use for emergency operations, hose does not obstruct travel way. 15) Due to the number of units,a minimum of two emergency access points meeting the above requirements are needed Albemarle County Service Authority Review pending; comments will be forwarded to applicant upon receipt by County staff; ACSA contact, Richard Nelson, melsongserviceauthority.org. Virainia Department of Transportation Review pending; comments will be forwarded to applicant upon receipt by County staff; VDOT contact, Adam Moore, adam.moore&vdot.vir iginia.gov. 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: https://www.albemarle.org/home/shomTublisheddocument?id=358 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 areitelbachgalbemarle.org, and my phone number is 434-296-5832 ext. 3261. Sincerely, X. A"dwW Read" Andy Reitelbach Senior Planner Planning Division, Department of Community Development enc: ZMA2021-00005 Action After Receipt of Comments Zoning Map Amendment Resubmittal Form DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER FIRST SET OF COMMENTS Your project has been scheduled for a public hearing by the Planning Commission for August 3, 2021, which is 90 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 July 9, 2021. 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 July 9, 2021: (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 August 3, 2021. (2) Request to proceed to a Planning Commission public hearing on August 3, 2021. All advertising fees must be paid by July 9, 2021. (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 May 5, 2024. However, all outstanding information necessary for Commission action must be submitted by November 5, 2023, 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 August 3, 2021 At this time, you may request that your application proceed to public hearing with the Planning Commission on August 3, 2021. 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 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 FOR OFFICE USE ONLY SP # Fee Amount $ Date Paid By who? Receipt # Ck# By: Resubmittal of information for Zoning Mau Amendment PROJECT NUMBER THAT HAS BEEN ASSIGNED: ZMA2021-00005 1805 Avon Street PRD 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 blchearin at applicant's request $194u Resubmittal fees for original Zoning Map Amendment fee of $2,688 dl 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