HomeMy WebLinkAboutZMA202100009 Review Comments Zoning Map Amendment 2021-09-15V
LEA BRUMFIELD
County Of Albemarle Senior Plannerll,Zoning
COMMUNITY DEVELOPMENT IbrumfieldRalbemarle.otel: 434-296-5832 ext. 3023
To: Cameron Langille, Principal Planner
Date: 2 September 2021
Re: Initial comments for ZMA202100008 Old Ivy Residences, and ZMA202100009 Old Ivy Residences Preserved Slopes to
Managed
The following comments are provided as inputfrom the Zoning Division regardingthe above noted applications.
1. Prior approvals and applicable proffers
a. ZMA1982-11- approved a rezoning of 33.549 acres from R-1 to R-10 on October 20,1982 for the
establishment of a continuing care facility. Proffers included provisions on building types, a maximum
residential apartment number, details on the services and architecture of the continuing care facility
campus, landscaped buffer requirements, and a transportation proffer requiring the development of
frontage on Old Ivy Road, and the installation of a deceleration turning lane providing easy access into the
site and visual site distances improvement. This ZMA applied to TMP 60-24C1, included in this application.
b. ZMA1985-21- approved rezoning of 28.29 acres from R-1 to R-15 with proffers limiting the density of the
rezoned parcel to the existing R-1 density until Old Ivy Road was "improved to the satisfaction of the Board
of Supervisors of Albemarle County." This change was intended to permit the property owners to develop
multi -family units on the parcel, while avoiding increasing the density of the parcel beyond the capacity of
the existing access on Old Ivy Road. This ZMA applied to TMP 60-24C, included in this application.
c. ZMA1987-08-amended the 1982 approval for the continuing care facility, providing additional details on
the arrangement and landscaping of the facility, approved on October 7,1987. This ZMA applied to TMP
60-24C1, included in this application.
2. Application plan
a. Phasing. Is phasing expected for this project? If so, address phase in the application plan.
b. Interconnectivity. The current proposal involves a single point of entryon Old Ivy Road, culminating in a
cul-de-sac within the property. Per Section 18-32.7.2.2, all streets within a development must be extended
to abutting property lines to provide interconnections to adjoining property. Additionally, interconnectivity
within the site is strongly preferred by the Neighborhood Model principles, avoiding culs-de-sac and single -
point access developments wherever possible.
c. Open space. The steep slopes of greater than 25% not otherwise disturbed for development should be
designated as open space. Open space may be privately owned or dedicated to public use, and must be
maintained in a natural state and not developed with improvements, with the exception of agriculture,
forestry and fisheries, including appropriate structures, noncommercial recreational uses and structures,
public utilities, and stormwater management facilities.
d. Recreation. Page 2 of the application plan lists trails as provision for active recreation, but describes access
to the pond as "passive recreation." Mark the passive recreation area on the application plan, and provide
for pedestrian access to the passive recreation area. The pond would serve more appropriately as a
recreation area with the addition of access through paths or trails to the pond, the addition of benches or
viewing areas. Passive recreation with no improvements is only permitted if "no other suitable area is
available on the site." Additionally, while passive recreation of "existing wooded or steep areas" may qualify
as recreation areas, the area must be labeled as such and dedicated to intended to be used for the passive
recreation area is required.
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401 McIntire Road, Suite 228 1 Charlottesville, VA22902-4596
e. Water Protection Ordinance buffer. Note on the site plan the following comment: "The stream buffer(s)
shown hereon shall be managed in accordance with the Albemarle County Water Protection Ordinance."
3. Proffers
a. The proffers associated with ZMA1982-11 and ZMA1987-08 are associated with the University Village use
located on abutting TMPs, and removal of TM P 60-24C1 from those ZMA approvals is consistent with the
approved continuing care facility. Zoning staff recommends the removal of TMP 60-24C1 from ZMA1982-
11 and ZMA1987-08.
It. The proffers associated with ZMA1985-21 explicitly address the development of TMPs 60-24C3 and 60-
24C beyond R-1 permitted density, requiring improvement of Old Ivy Road, "to the satisfaction of the Board
of Supervisors of Albemarle County." The wording of the proffer was revised between its recommendation
at the September 31985 Planning Commission Public Hearing, when it read "to the satisfaction of
Albemarle County," and its adoption at the October 11,1985 Board of Supervisors Public Hearing, where
the adopted proffer specified that the road must be improved to the satisfaction of the Board. Zoning staff
recommends revision of this proffer based on the recommendations of the transportation planner and
VDOT, in addition to pursuing additional access points to the site both for connectivity and for traffic
alleviation on Old Ivy Road.
4. ZMA202100009-Slopes
a. Application ZMA202100008 cannot be approved as requested without the approval of ZMA202100009, as
the zoning map currently proposes development across the slopes. Zoning has no objection to the steep
slopes map amendment of the preserved slopes to managed, ZMA202100009, given approval by the
County Engineer.
It. However, per Section 18-30.7.3preserved slopes are any slopes part of a system of slopes "associated with
or abutting a water feature including, but not limited to, a river, stream, reservoir or pond," due to the direct
impact disturbing such slopes would have on the abutting water feature. As a 1.06 acre pond lies directly
southwest of the preserved slopes proposed for reclassification, the disturbance of the preserved slopes
would potentially cause erosion and run-off to distress the existing pond.
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401 McIntire Road, Suite 228 1 Charlottesville, VA22902-4596