HomeMy WebLinkAboutZMA201600015 Review Comments 2016-06-29 4c'�OF AcgF4
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-583 Fax(434)972-4126
To: George Ray (george(a.insignia-va.com)
CC: Steve Edwards, Valerie Long,Alan Franklin
From: J.T. Newberry(jnewberrv(a.albemarle.orq)
Date: 6/29/16
Subject: Mandatory Pre-application Meeting for Amendment to Oakleigh ZMA
This meeting satisfies the requirement for a pre-application meeting prior to submittal of a zoning map
amendment. The meeting discussed amending the previously approved zoning map amendment known
as ZMA200700004—Oakleigh Farm. Section 33.4 of the Zoning Ordinance identifies four specific
purposes for mandatory pre-application meetings; each purpose is bolded and italicized below followed
by staff comment:
(i)provide the applicant and the county a common understanding of the proposed project;
In our meeting, you outlined a revised layout for Oakleigh, where the rear of the site has been revised to
accommodate an assisted living facility. As a result, the site will no longer contains condominiums, but
will still contain a mix of housing types by providing townhouses and apartment units. Other minor
revisions to the areas behind Lot A and Lot B were also discussed. You proposed no changes to the
front third of the site where Lot A and Lot B are shown.
(ii)inform the applicant about the proposed project's consistency with the comprehensive plan,
other relevant policies, and county regulations;
Broadly, staff finds the proposed amendment to be consistent with the Comprehensive Plan. The site is
designated as Urban Density Residential (shown in orange) and also contains a small portion of a
Neighborhood Service Center(shown as the pink hatched area). Assisted living facilities are considered
an institutional use in the Places29 Master Plan and are recommended as a secondary use under the
Urban Density Residential designation.
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One concern with the proposed amendment is that institutional uses are recommended to have a
maximum 20,000 square foot footprint for a single building. The proposed footprint is more than double
this recommendation. As a result, staff's analysis will need to focus on how the scale of the request
impacts its consistency with the Comprehensive Plan. More specific information should be provided to
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support how the site as a whole meets the goals of the Neighborhood Model District and the
Comprehensive Plan. Information about the extent to which the site conforms to the twelve Neighborhood
Model principles will play an important role in this analysis.
(iii)broadly identify the planning,zoning and other issues raised by the application that need to
be addressed by the applicant;
Prior to our meeting, a total of 13 questions were submitted for discussion(questions are attached
below). The staff members most relevant to each question provided the following information in
response:
1. No. Staff may have better direction on the County's position on proffers following the July 13th
Board of Supervisors meeting.
2. Ron White(Housing Dept.) provided a response on the affordable housing policy. He anticipates
3-4 affordable units will be required under this proposal. If affordable units are built, then they
can be provided as the market rate units are constructed. For example, Ron discussed providing
one affordable unit in conjunction with the six townhomes proposed in Lot D.
3. Based on the existing approved final site plan(SDP200800101), this proposal will require a
Major Site Plan Amendment.We can discuss the timing of this application following the public
hearing with the Planning Commission.
4. Public roads are expected in the Development Area. If private streets are desired, then please
submit a private street request following the procedure under Section 14-234. The Planning
Commission authorizes private streets for NMDs under Section 14-233(A)(1).
5. For this project, modifying the existing Code of Development to permit assisted living facilities as
a by-right use is suitable. Including the code in your plan sheets is convenient for reviewers, but
is not required.
6. Permitting "assisted living facilities"as a by-right use(instead of by-special use permit) is the
best way to expedite this request.
7. At first glance, staff does not find any of the proposed permitted uses to be objectionable.
8. Unfortunately, only a black-and-white copy could be located for review. Any of the questionable
uses that should be relocated according to staff's analysis will be identified in the first set of
comments.
9. Any use may be proposed to be permitted by-right except those found in Section 20A.5(b).
10. Not that can be identified at this point.
11. A block plan showing the limits of Block I and Block II should be submitted to clarify where the
uses in the code of development are proposed to be permitted.
12. A critical slopes waiver is not needed because we now have steep slopes(managed and
preserved)in the Development Area. Frank Pohl (County Eng.)outlined the documentation
needed to demonstrate the steep slopes identified on the County's GIS maps are not greater
than 25%slope. The disturbance of steep slopes is regulated by Section 30.7.
13 Nothing related to bonding will be required to submit your rezoning application. We may need to
take action later if we determine that necessary bonding was never put in place.
One last issue to consider with this proposal is the justification for the impact to the level of tree
preservation contained in the existing proffers. It is clear from our discussions and the pre-app narrative
that this proposal aims to save as many trees as possible, but quantifying the anticipated impact will be
an important piece of the analysis of the request.
(iv)inform the applicant about the applicable procedure;
As with all zoning map amendment applications, you will be expected to host a community meeting to
discuss your proposal with the public prior to meeting with the Planning Commission. The guidelines for
community meetings are attached. Please consider using the Places29-Hydraulic Community Advisory
Committee(CAC) meeting to fulfill this requirement. The chair of this CAC is Cynthia Neff and she can be
reached at cynthianeff(@gmail.com to inquire about scheduling your community meeting.
A complete zoning map amendment application will be made once we have received the following two
items:
1. A completed zoning map application with fee. The final total fee will be determined after submittal.
2. The enclosed "Neighborhood Model District Zoning Map Amendment Checklist" along with the
noted supporting materials. The column on the checklist titled "Provided with Application
(Applicant)" should be completed and signed by the applicant. The completed checklist should
be included as the coversheet to the other application materials.
The next deadline to submit a completed application is Monday, July 18th. The full submittal schedule
may be found here.
Sincerely,
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J.T. Newberry
Senior Planner
Edwards deslgnStudlo
Landscape Architecture and Site Planning
In addition,we would like answers to the following questions:
1. Can a by-right reduction be applied to any cash proffers(existing or proposed)?
]. How will the affordable housing policy effect this project with the proposed revisions?
3. Can we apply for a Site Plan Amendment following the Rezoning or do we need to go through a
whole new Site Plan application process?
4. Do our roads need to be public or can they be private particularly with the proposed
townhomes?
5. Is the approved Riverside Village Rezoning submittal a suitable format to follow compared to
our existing format?The difference being their COD is Included in their plan sheets where ours
was originally a separate document.
6. In terms of expediting the required Rezoning/SP,recommend how we can best do it for a
County review?
7. Are the proposed allowable uses acceptable and/or will any create difficulties for us in our
rezoning process?See the following Permitted Uses table.
8. Are the Questionable Uses(highlighted in red)exemplified in the chart accurately located with
the use?
9. Do we need to designate SP in our Permitted Uses or what falls under the County norm dictate?
10. Are there things we can do now(i.e submit individual COD variations regarding uses,yard and
lot requirements,etc)to speed things up so they don't slow us down later?
11. Does a Block Plan make sense now?If not,how would it best be configured?
17 If the GIS shows critical slopes on site but our topography doesn't how is that remedied?Do we
need a critical slopes waiver?
13. Do we need to submit our tree bond now if we are rezoning?Can we submit it for only the trees
we are planning to save at this point?
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NEIGHBORHOOD MODEL DISTRICT
ZONING MAP AMENDMENT CHECKLIST for �"4i`il,
Tax Map 45, Parcel 26A
Project Name/Tax Map Parcel Number
After the mandatory pre-application meeting, county staff will mark this checklist appropriately so
that it is clear to the applicant the information from Section 33.4(c)that must be submitted with
the official application
Required for Provided with
application? application
(County Staff) (Applicant) SECTION 33.4(c)
X X
YES NO
X A narrative of the project proposal, including its public need or benefit; including
A statement describing how the proposed district satisfies the intent of Chapter 18 and if
one or more characteristics of the neighborhood model delineated in section 20A.1 are
missing from an application,the applicant shall justify why any characteristics cannot or
should not be provided.
X A narrative of the proposed project's consistency with the comprehensive plan, including
the land use plan and the master plan for the applicable development area.
X A narrative as to the project's consistency with the neighborhood model.
X A narrative of the proposed project's impacts on public facilities and public
infrastructure. Please provide detail in this narrative, if new proffers are being proposed.
X A narrative of the proposed project's impacts on environmental features.
X A narrative of the proffers proposed to address impacts from the proposed project.
Please submit a redline version of your existing proffers, if new proffers are being
proposed.
X One or more maps showing the proposed project's regional context and existing natural
and manmade physical conditions.
X If the project is to amend an existing planned development district and the proposed
amendment would affect less area than the entire district,the applicant shall submit a
map showing the entire existing planned development district and identifying any area to
be added to or deleted from the district, or identifying the area to which the amended
application plan,code of development, proffers or any special use permit or special
exception would apply.
NEIGHBORHOOD MODEL DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 1 of 4
X A revised code of development satisfying the requirements of section 20A.5.
X A parking and loading needs study that demonstrates parking needs and requirements
and includes strategies for dealing with these needs and requirements, including phasing
plans,parking alternatives as provided in section 4.12.8,and transportation demand
management strategies as provided in section 4.12.12; provided that the applicant may
elect to submit the parking and loading needs study in conjunction with the preliminary
site plan for the development if it determines that the uses that may occupy the buildings
are not sufficiently known at the time of the zoning map amendment.
X Strategies for establishing shared stormwater management facilities, off-site stormwater
management facilities, and the proposed phasing of the establishment of stormwater
management facilities.
An application plan showing, as applicable:
X 1) the street network, including
❑ circulation within the project and
❑ connections to existing and proposed or planned streets within and outside of
the project;
X 2) typical cross-sections to show
❑ proportions,
❑ scale and
❑ streetscape/cross-sections/circulation; Our focus will be on the relationship of
the development to Rio Rd. and the massing of the assisted living facility
X 3)the general location of pedestrian and bicycle facilities;
X 4) building envelopes;
X 5) parking envelopes;
X 6) public spaces and amenities;
X 7)areas to be designated as conservation and/or preservation areas;
X 8)conceptual stormwater detention facility locations;
X 9) conceptual grading; to the extent it can illustrate the impact on tree preservation
X 10) a use table delineating
❑ use types,
❑ the number of dwelling units,
NEIGHBORHOOD MODEL DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 2 of 4
❑ non-residential square footage,
❑ building stories and/or heights,
❑ build-to lines,
• setbacks and yards,and
❑ other features;
X 11)topography, using the county's geographic information system or better topographical
information, and the source of the topographical information,supplemented where
necessary by spot elevations and areas of the site where there are existing critical slopes;
X 12)the general layout for water and sewer systems;
X 13)the location of central features or major elements within the project essential to the
design of the project, such as
❑ major employment areas,
❑ parking areas and structures,
❑ civic areas,
❑ parks,
❑ open space,
LI green spaces,
❑ amenities and recreation areas;
X 14) standards of development including
LJ proposed yards,
❑ open space characteristics, and any landscape or architectural characteristics
related to scale,
❑ proportions, and
❑ massing at the edge of the district;
X 15)a conceptual lot layout; and
X 16)the location of proposed green spaces and amenities as provided in section 20A.9.
Other special studies or documentation, if applicable,and any other information
identified as necessary by the county on the pre-application comment form.
NEIGHBORHOOD MODEL DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 3 of 4
X A local traffic impact statement as required by Virginia Code§15.2-2222.1 and 24 VAC
30-155-40.You may still want to mention the projected reduction in traffic
Please note:There are additional submittal requirements outlined on the official application for a Zoning Map Amendment.
Read and Sign
I hereby state that,to the best of my knowledge,the official application submitted contains all information marked on
this checklist as required for application.
Signature of person completing this checklist Date
Print Name Daytime phone number of Signatory
NEIGHBORHOOD MODEL DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 4 of 4
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COMMUNITY MEETING GUIDELINES
For ZMAs, SPs, CCPs, and CPAs
1. Requirement for community meeting
a. A community meeting is required for all applications for Zoning Map Amendments (ZMAs),
Special Use Permits (SPs), public requests for a Compliance with the Comprehensive Plan (CCP)
review and requests for Comprehensive Plan Amendments (CPAs) in accordance with Section
33.4.j.of the Zoning Ordinance.The meeting is particularly important if the proposal is likely to
generate public concerns because of the nature of the request,acreage affected, proposed
density and/or scale, potential impacts,such as traffic, noise, etc.,or due to the history of the
proposal/property.
2. Purpose of community meeting:
a. The purpose of the meeting is to provide interested members of the public the opportunity to
receive information about the proposed project,the applicable procedures, and the policies of
the Comprehensive Plan,other relevant policies, and regulations applicable to the proposed
project.
3. Timing for the community meeting
a. The community meeting should be held no later than 31 days after the application fee is paid.
This will allow information from the meeting to be included in lead reviewer's first round of
comments, if necessary). The meeting may be held at a later date, if circumstances warrant.
b. The community meeting may be scheduled in advance of the application, if desired.The
applicant should verify with County staff that their meeting will meet community meeting
requirements to avoid hosting another meeting after the application has been made.
c. Public hearing notice signs may be posted at the proposed project site before the meeting is
held to assist in notification, if deemed appropriate or necessary.These signs will only be posted
after the application fee is paid,which activates the review.
4. Setting the date for the community meeting
a. Setting up a community meeting is the responsibility of the applicant.
b. Before the community meeting date is scheduled,the lead reviewer should forward email
correspondence with the applicant about the meeting to the Planning Commissioner(PC) and
member of the Board of Supervisors (BOS) in whose district the project is proposed. If a
Community Advisory Committee(CAC)exists for the project area,then the chair of the CAC
should also be included in the email correspondence.
c. The applicant should then proceed to coordinate the meeting date, place and time with the lead
reviewer,the Community Engagement Specialist,the PC member, BOS member and, if
applicable,the CAC chair.The PC and BOS member may not choose to attend, but the lead
reviewer needs to be present at the meeting.
Page 1 of 3 Rev. May 10, 2016
d. If there is an active CAC which covers proposed site,strong consideration should be given to
using a CAC meeting for the venue for the community meeting and discussion. Other
standing/"recognized"community bodies may also be acceptable,such as a neighborhood
association or community associations like EARL(Earlysville Area Residents League).
e. Holidays or days near holidays(such as the Wednesday before Thanksgiving) or a religious
holiday(such as Christmas Eve),should not be used for community meetings.
f. Community meetings should be held during times when the majority of the community may be
able to be present, usually between the hours of 5:30 p.m. and 9:00 p.m. on a weeknight.
5. Location for the community meeting
a. The meeting should be held in a location deemed reasonably accessible to residents in the area
of the proposed project. If it is to be held in conjunction with a CAC meeting,the location has
already been established.
b. If a separate meeting is to be scheduled,the place for the meeting can be a known community
center or meeting place, a public school or building, or other building that the applicant can
arrange near the proposed project.The applicant is responsible to arrange for the meeting
place.
6. Notification of the meeting
a. As a rule, notification of meetings should be sent to all property owners of record within a %to
%2 mile radius in a Development Area,%2 to 1 mile radius in the Rural Area, or such other area as
deemed appropriate for the proposed project. However,there may be exceptions to these
distances, depending on the geography of the area.
b. The specific area to be notified shall be determined by the Planning Staff based on the specifics
of the proposal and the County will provide the list of property owners to whom notification
letters should be sent.
c. The County can provide the applicant a sample invitation letter.
d. The applicant must sign the invitation letter and send it at least 2 weeks in advance of the
meeting.The letter should be sent either by certified mail or regular mail.The invitation must
also be sent to staff, PC and BOS members for the district in which proposed project is located.
If the letter is sent by regular mail,the applicant must provide verification to staff he/she mailed
the invitation to all on the list provided by the County.
7. Waiver of Community Meeting
a. The requirement for the community meeting may be waived if:
1. The proposed project is not likely to generate public concerns, is or such a small scale as to
have negligible impacts to surrounding properties/area and if
2. The Board member from the district in which the proposal is located has agreed to waive
the requirement.
3. Staff is to provide information on whether the project is eligible to pursue a waiver of this
requirement in the mandatory preapplication comment letter.
8. Conducting the meeting
a. The community meeting is to be facilitated by applicant. If the meeting is held in conjunction
with a CAC meeting,then the chair of the meeting will recognize the applicant during the
meeting as indicated on the agenda.
Page 2 of 3 Rev. May 10, 2016
b. The applicant is expected to provide an overview of the proposal and answer questions about
the proposed project. Location maps, concept plans are to be provided.Additional narratives, a
code of development, or other information may also be provided.
c. Staff is to provide general information on applicable County policies and the review process but
is not expected to provide comments about the proposal itself, because review of the project
will have just begun.
d. Various formats for the meeting are acceptable such as an open house, a presentation at a
meeting with a Q&A period or other suitable format.
9. Meeting follow-up
a. Staff will document issues identified in the meeting and provide this information to the
applicant and to the PC and BOS in the staff report, as appropriate.
b. The applicant is not required to revise his/her proposed project based on public questions and
comments, but, may, at their own discretion, make changes before an initial application or with
a resubmittal.
10.Questions concerning community meetings
a. Questions concerning times,dates,and locations of upcoming CAC meetings should be referred
to Emily Kilroy, Community Engagement Specialist at 434-296-5842 ext.3422 or
ekilrov@albemarle.org.
b. Other questions concerning procedures for community meetings should be referred to the
planner who is coordinating the review of the project.
Page 3 of 3 Rev. May 10, 2016