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HomeMy WebLinkAboutSUB200700037 Review Comments 2007-07-26k� �'IRGIly1�' County of Albemarle Department of Community Development Memorandum To: Stonehaus (Applicant) 2421 Ivy Road Phone: (434) 974 — 7558 Charlottesville, VA 22903 Fax: (434) 975 — 3542 Attn: L.J. Lopez LLopez&stonehaus.net From: Patrick Lawrence, Senior Planner Phone: (434)296 — 5832 x3297 plawrencegalbemarle.org Division: Zoning & Current Development Date: July 26, 2007 Subject: SUB -2007 — 037 Westhall Phase V (Lots 993 - 125) — Administrative Approval To Amend the Application Plan ZMA 2006 -001 The applicant, Stonehaus, requested a variation to ZMA 2006 — 001, Westhall Phase V. The variation may be approved administratively through Section 8.5.5.3. Please see comments from the file below: "The request for Variation from the Approved Application Plan included in ZMA 2006001 for Westhall V was submitted June 1, 2007 to the Director of Planning for Administrative Approval. The application stems from the location of a wetland/stream headland approximately in the center of a proposed residential block causing design concerns relating to stream buffers. The approved application plan from ZMA 2006 -001 did not show this wetland area. The submittal of June 1St offered a proposal to relocate the storm water facility /tot lot/trail head park from the end of said residential block to the wetland/stream area to ease the stream buffering concerns. This submittal proposed 29 residential lots. The developer, Stonehaus, provided: 1. Application for Variation to an Approved Plan with letter of explanation of the nature of the request; 2. Exhibit "A ", a copy of the approved application plan; 3. Exhibit `B ", a proposal of 29 residential lots with the storm water maintenance facility / tot lot / trail head park relocated to the wetland area (shifted to the north of the original location); 4. Exhibit "C ", an attachment showing the approximate locations of stream buffers and the impacts upon the residential lot design. This application was circulated to staff. Amelia McCulley, Elaine Echols, Tamara Ambler, Alan Schuck, Dan Mahon and Sarah Baldwin for comment..." Comment made by Tamara Ambler pertains to the wetland/stream buffer: "The revised plan as shown on Exhibit B, with the relocated stormwater management facility and trail head park within the 100' stream buffer is acceptable. This is based upon the understanding that the existing wetlands will be impacted by construction of the Eastern Avenue in the future, since R/W has already been acquired through this area for future road construction. The US Army Corps of Engineers indicated that wetland impacts from Westhall V lots 93 -124 would likely be permitted due to the additional impacts anticipated with road construction. To mitigate the loss of buffer the applicant will need to pay into the Stream Buffer Mitigation Fund the equivalent of $6, 875 /acre of stream buffer disturbed. A rough estimate of the area of stream buffer disturbed with Exhibit B is 5, 000 square feet, which would require a payment to the Stream Buffer Mitigation Fund of approximately $790.00. The applicant will need to determine the disturbed area more precisely so that a final cost can be determined. " Engineering staff of Current Development submitted the following comment: "Engineering has no objection to this waiver request. The applicant will need to get all required federal and state permit approvals before Engineering can recommend approval to any final plans or plats for this subdivision. " The comments listed above and the Applicant's thorough explanation for variation enabled the Director of Planning, Wayne Cilimberg, to make a determination conditionally in favor of the request and in keeping with the element of Section 8.5.5.3. Those elements include that: 1. The variation is consistent with the goal and objectives of the comprehensive plan. 2. The variation does not increase the approved development density or intensity of the development. 3. The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. 4. The variation does not require a special use permit. 5. The variation is in general accord with the purpose and intent of the approved rezoning amendment. Summary: ❑ The request for movement of the trailhead park and storm water detention facility to the wetland/stream buffer area from the original application plan is approved. The proffered features of the park do not change. ❑ The request for four (4) attached (duplex) units is approved. ❑ The applicant retains the 36 units originally approved for the plan. ❑ All conditions and proffers of ZMA 2006 -001 not specifically addressed remain in place. The variation approval memorandum with attachments is enclosed for your convenience. If I may be of further assistance, please don't hesitate to call.