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HomeMy WebLinkAboutZMA202100007 Review Comments Zoning Map Amendment 2021-07-07COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone(434) 296-5832 Fax (434)972-4176 July 2, 2021 Mr. Daniel Hyer Line + Grade Civil Engineering 113 41' St. NE, Ste. 100 Charlottesville, VA 22902 dhyergline-erade.com / 434-262-0169 RE: ZMA202100007 Airport Road Phase 3 Dear Mr. Hyer. Staff has reviewed your initial submittal for the zoning map amendment, ZMA202100007, Airport Road Phase 3. 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 and Comprehensive Plan Comments 1. Revise the project narrative with the assigned application number for this project, ZMA2021-00007. 2. The proposed HC (Highway Commercial) zoning district permits a height not to exceed 65 feet for structures (18- 21.4). This height is not consistent with the recommendation of the Places29 Master Plan for Urban Mixed Use in Centers, and for Neighborhood Service Centers in particular, which is that buildings should not exceed three stories (Table LU 1: Land Uses in Centers and the Uptown). 3. The requested HC zoning district permits a wide range of uses. However, many of these permitted uses are not consistent with the uses recommended by the Places29 Master Plan for Neighborhood Service Centers (e.g., self- service storage facilities, wholesale distribution, manufacturing, storage/warehousing, drive-throughs, etc.). 4. The conceptual building footprint provided in the project narrative is not identified. However, the Places29 Master Plan recommends that the maximum single building footprint not exceed 15,000 sq. ft. (And for some uses, the maximum single building footprint is recommended to not exceed 7,500 sq. ft.) 5. The Places29 Master Plan recommends that each center have a minimum of 10 percent usable open space, with each development providing at least 10% of the total recommended open space, or showing where the equivalent area is already provided on another nearby property (Table LU 1). The subject parcel is designated as a part of a Neighborhood Service Center. The project narrative does not identify any proposed or existing open space areas within this Neighborhood Service Center. 6. The subject property is designated as Urban Mixed Use, within a Neighborhood Service Center, in the Places29 Master Plan. This land use designation recommends a mix of uses, including commercial, service, institutional, and residential. Although the proposed HC zoning district does permit a wide range of commercial and service uses, residential is permitted only by special use permit. Whereas this parcel does have existing residential, creating some mixed use within the center, it does not appear that the other parcels designated as a part of this Neighborhood Service Center have any residential, as recommended by the master plan, or are currently zoned to permit residential. See also page 5-7 of the Places29 Master Plan for additional information on the Neighborhood Service Center and the recommendations for parcels that are located in such centers. 7. The project narrative states that the proposed use is not vehicle -focused and would have relegated parking; however, the request is for the HC zoning district, not a specific use, so a wide range of uses, including ones that are vehicle -focused, could be permitted on this site if the rezoning were approved. 8. Bike lanes currently exist on Airport Road in front of this parcel, and any redevelopment in this area should ensure these bike lanes are retained, as the Places29 Master Plan identifies bike lanes along this section of Airport Road. 9. An Urban Frontage condition is recommended for parcels along this section of Airport Road, which is supposed to accommodate high levels of pedestrian activity. See the "Recommended Entrance Corridor Frontage Conditions" map and page 7-2 of the Places29 Master Plan for additional information on the Urban Frontage condition recommendations. Also see page A3-9 of the Places29 Master Plan for the recommended roadway cross-section for Airport Road, from Dickerson Road to U.S. 29. 10. As this parcel is one part of a larger Neighborhood Service Center, are there any proposed interparcel connections with the adjacent properties? Such connections are an important factor in promoting an interconnected street network and multi -modal transportation opportunities. 11. There is a proposed road project for the intersection of Airport Road and Lewis & Clark Drive to construct a round -about, along with an extension of Berkmar Drive from its current terminus north to this intersection. 12. In the narrative, include a section on the impact of this development on police and fire -rescue services. 13. This parcel is adjacent to other parcels that are zoned residential and Rural Areas. According to Section 18- 21.7(c) of the Zoning Ordinance, "no construction activity including grading or clearing of vegetation shall occur closer than 20 feet to any residential or rural areas district." The conceptual plan that was provided with the project narrative appears to show the pavement being setback at the minimum 20 feet from the property lines shared with the residential and Rural Areas zoning districts. This proximity would suggest that grading might be required closer to the property line than the 20-ft. setback, in violation of the requirements of the zoning ordinance. However, the ZO does permit the Board of Supervisors to grant a special exception waiving this requirement based on certain criteria. If grading or other construction activity is proposed to be within the 20-ft. setback buffer, a special exception application will need to be submitted and approved by the Board. Special exception applications can be reviewed and taken to the Board concurrently with zoning map amendments. 14. Advisory Comment: A community meeting to inform nearby neighbors and property owners of the proposal is required for this application. A community meeting is currently tentatively scheduled for Thursday, August 12, 2021, in association with the regularly scheduled meeting of the Places29-North Community Advisory Committee (CAC). 15. Advisory Comment: If this rezoning application is approved by the Board of Supervisors, additional site development plans will be required, which may include initial and final site plans, ARB plans, VSMP plans, WPO plans, subdivision plats, etc. These plans will need to be in compliance with all requirements of the zoning ordinance, including but not limited to elements such as setbacks, buffers, parking, landscaping, etc. 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 if more detailed plans are provided. The application's consistency with the neighborhood model principles is included in staffs report to the Planning Commission and the Board of Supervisors. Pedestrian Orientation There is not enough information provided to determine the extent of this application's pedestrian orientation. However, some uses permitted by the requested HC zoning district, such as drive -through windows, do not support pedestrian orientation, instead promoting further vehicular orientation. As this parcel is located within a neighborhood service center, pedestrian orientation is important to promote the goals of the designated centers that are walkable for nearby residents and employees to access goods and services. Mixture of Uses This parcel is designated as Urban Mixed Use in a Neighborhood Service Center. Although the proposed HC zoning district does permit a variety of uses, the project narrative indicates that only one use is proposed. Individual parcels do not necessarily need a mixture of uses; however, there should be a mix of uses throughout the whole Center. Many of the existing uses are auto -oriented, and the HC zoning district could permit additional auto -oriented uses in this center. Neighborhood Centers The subject parcel is designated as a part of a Neighborhood Service Center. However, not all uses permitted in the HC zoning district are recommended for Centers in the master plan. Mixture of Housing Types No housing is proposed with this application, as the requested zoning district is and Affordability Highway Commercial. However, this parcel is designated as Urban Mixed Use, which recommends residential as a primary use. None of the other parcels within this Neighborhood Service Center permit residential either, as they are all zoned commercial of some type. Relegated Parking There is not sufficient information for staff to review this principle. Although parking must be buffered from nearby residential and rural zoned properties if the HC zoning is approved, these properties are to the rear, and parking spaces could still be permitted in the front of the property, where there is a maximum front structure setback of 30 feet for HC zoned property. Interconnected Streets and There is not sufficient information to determine if interconnections with adjacent Transportation Networks parcels are proposed; however, the subject property is near an existing intersection proposed for upgrades by VDOT and the County. There are also existing sidewalks and bike lanes along Airport Road in front of this parcel. Multimodal Transportation Sidewalks and bike lanes already exist along Airport Road in front of this parcel. Opportunities Transit service does not currently exist in this area; however, as a Neighborhood Service Center near the airport, accommodating transit service somewhere in the Center would be important for the future. Parks, Recreational There are no parks, recreational amenities, or open space that currently exist within this Amenities, and Open Space Neighborhood Service Center. The Places29 Master Plan recommends that each center have a minimum of 10 percent usable open space, with each development providing at least 10% of the total recommended open space, or showing where the equivalent area is already provided on another nearby property. No open space is currently proposed with this request. Buildings and Spaces of There is not sufficient information provided to review this principle at this time. No Human Scale specific buildings or other areas are proposed at this time, and the HC zoning district permits a wide range of uses that could create many different scales of space, depending on the specific use and structure that is ultimately built. Redevelopment This principle is met, as there is an existing single-family house on the property that is proposed to be redeveloped into a commercial use. Respecting Terrain and There are no areas of steep slopes or stream buffer on this property. All grading and Careful Grading and Re- stonnwater management would be addressed at the site planning stage and would have grading of Terrain to meet the requirements of the ordinance. Clear Boundaries Between This principle is not applicable to the request. Although there are some adjacent parcels the Development Areas and that are zoned Rural Areas, these parcels are located within the Community of the Rural Area Hollymead Development Area. Comments from Other Reviewing Divisions, Departments, and Agencies Plannine - Transportation The following comments regarding this proposal have been provided by Daniel Butch, Transportation Senior Planner, dbutch@albemarle.org: Refer to the VDOT Road Design Manual Appendix B-I for appropriate street trees within planting strip adjacent to pedestrian infrastructure. This could be addressed in the site plan stage. Zoning Division, Community Development Department The following comments regarding this proposal have been provided by Rebecca Ragsdale, Principal Planner, rragsdale@albemarle.org: There are no outstanding zoning violations on this parcel. Final review for zoning requirements will be conducted with the site development plan process, including setbacks and parking. The concept plan appears to demonstrate that there are no feasibility issues with compliance. While there is no required setback to the PDIP zoned property to the northwest (TMP 32-6R), the plan should provide enough area for maintenance of the structure and property on that side of the site. Engineering & Water Resources Division, Community Development Department No objections at this time; County Engineer, Frank Pohl, fpohl@albemarle.org. Building Inspections Division, Community Development Department No objections at this time; Betty Slough, Building Plans Reviewer, bslough@albemarle.org. Architectural Review Board, Community Development Department The following comments regarding this proposal have been provided by Margaret Maliszewski, ARB Chief of Planning, mmal iszewskigalbemarle.org: 1. The concept plan shows the building built on the property line that parallels Innovation Drive. Landscaping will likely be required along this elevation, but no on -site planting area is available. It is recommended that on -site planting area be shown at this time. 2. Landscaping shown on the concept plan does not meet EC Design Guidelines requirements. These issues can be resolved at the site plan stage, but it is recommended that the application plan be revised to avoid confusion: a. Trees shown along Airport Road are not spaced as required by the EC Design Guidelines; they are required at 35' on center. b. Trees are required 40' on center along the travelway entering the site from Airport Road. Stormwater features limit planting in a portion of this area. c. Landscaping will be required along the Innovation Drive end of the parking lot, but sufficient planting area has not been provided. 3. Will existing overhead utility lines be undergrounded? 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, not necessary to directly address at this stage of the process, in future steps, such as site plan phase, here are some points of concern for ACFR that would apply: 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 on site plan of the required ISO fire calculation for the buildings 11) Indicate with a note on the site 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) If there are areas without buildings, then hydrant spacing is required every 1000 ft to accommodate transportation emergencies 14) A Knox Box may be required. Please place a note indicating this on the plan. The location of this can be coordinated with the Fire Marshal's Office 15) 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. 16) 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 Albemarle County Service Authority Please see the attached memo for comments regarding this application; ACSA contact, Richard Nelson, melson&serviceauthority.org. Vir¢inia 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. Additional Information 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 schedule for zoning map amendments is also attached. Notification and Advertisement Fees Prior to scheduling a public hearing with the Planning Commission, payment of the following fees is needed: None. It appears that all fees have been paid at this time. 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, Andy Reitelbach Senior Planner Planning Division, Department of Community Development enc: Memorandum from the Albemarle County Service Authority (ACSA) ZMA2021-00007 Action After Receipt of Comments Zoning Map Amendment Resubmittal Form Zoning Map Amendment Resubmittal Schedule 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? ACSA sewer main on site. ACSA water main along Lewis and Clark and RWSA water main along Airport Road. 3) Are there water pressure issues which may affect the proposed use as shown on plan? Water pressures in the area are high. A PRV will be required for each building. 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? N/A 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? RWSA will need to review and approve any future site plans for these parcels. 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 24, 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 need more time to make these changes, and if you prefer to move forward to the Planning Commission with a recommendation for approval, you must request deferral. 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. Within one week please do one of the following: (1) Request deferral, as required by Section 33.11, if you will resubmit, but would like to receive comments on the revised submittal, and understand the Planning Commission date will be later than August 24, 2021 (2) Proceed to Planning Commission public hearing on August 24, 2021 (3) Withdraw your application (1) Deferral requested 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. Please note that your request for deferral may not be accepted and the County may retain the initial scheduled hearing date. If your request for deferral is accepted the application will be deemed withdrawn if the application is not reactivated within six months of the request for deferral or within 32 months from the time the application was determined or deemed complete. (2) Proceed to Planning Commission Public Hearing on August 24, 2021 At this time, you may request that your application proceed to public hearing with the Planning Commission on August 24, 2021. With this option no additional documents will be accepted, and staff will take your project to the Commission as originally submitted, but without a recommendation of approval. Revised 9-17-19 MCN (3) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant to subsection 33.11 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 33.11(D). 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 Resubmittal of information for �$��°F"`8 Zoning Map Amendment t ��RG/NAP PROJECT NUMBER THAT HAS BEEN ASSIGNED: ZMA2021-00007 Airport Road Phase 3 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 Resubmittal fees for original Zoning Map Amendment fee of $2,958 ® First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,479 ❑ Technologv surcharge +4% Resubmittal fees for original Zoning Map Amendment fee of $4,141 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $2,070 ❑ Technology surcharge +4% 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 $237 + actual cost of first-class postage ➢ Preparing and mailing or delivering each notice after fifty (50) $1.19 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 FOR OFFICE USE ONLY Fee Amount $ Date Paid By who? Receipt # Ck# By: Community Development Department 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 7/1/2021 Page 1 of 1 2021 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Resubmittal Schedule Resubmittal Dates (1st and 3rd Monday of the month) Comments given to the Applicant Applicant requests PC Public Hearing AND Payment Due for Legal Ad (no additional resubmittals) Planning Commission Public Hearing No sooner than* Monday Wednesdav Friday Tuesday Jan 04 Feb 03 Feb 05 Mar 02 Tues Jan 19 Feb 17 Feb 26 Mar 23 Feb 01 Mar 03 Mar 12 Apr 06 Feb 15 Mar 17 Mar 26 Apr 20 Mar 01 Mar 31 A r 09 May 04 Mar 15 Apr 14 Apr 23 Ma 18 Apr 05 May 05 May 07 Jun 01 Apr 19 May 19 May 21 Jun 15 May 03 Jun 02 Jun 11 Jul 06 Ma 17 Jun 16 Jun 25 Jul 20 Jun 07 Jul 07 Jul 09 Aug03 Jun 21 Jul 21 Jul 30 Aug24 Tues Jul 6 Aug04 Aug13 Sep 07 Ju119 Aug18 Aug27 Sep 21 Aug02 Sep 01 Sep 10 Oct 05 Aug16 Sep 15 Se 24 Oct 19 Tues Sep 7 Oct 06 Oct 08 Nov 02 Sep 20 Oct 20 Oct 22 Nov 16 Oct 04 Nov 03 Nov 12 Dec 07 Oct 18 Nov 17 Nov 19 Dec 14 Nov 01 Dec 01 Dec 17 Jan 11 2022 Nov 15 Dec 15 Tues Dec 22 Jan 18 2022 Dec 06 Jan 05 2022 Jan 07 2022 Feb 01 2022 Dec 13 Jan 12 2022 Jan 21 2022 Feb 15 2022 Bold italics = submittal/meeting, day is different due to a holiday. Dates with shaded background are not 2021. 2022 dates are tentative. `Public hearing dates have been set by the Planning Commission, however, if due to unforeseen circumstances the Planning Commission is unable to meet on this date, your project will be moved to the closest available aaenda date.