HomeMy WebLinkAboutZMA202100013 Correspondence 2022-07-06Southwood Phase 2
Rezoning Application Narrative
ZMA 2021-00013
Project Description
Southwood Charlottesville, LLC (the "Owner"), wholly -owned by Greater Charlottesville Habitat for Humanity and
referred to herein as the "Applicant" or "Habitat," proposes to amend the approved Phase 1 rezoning (ZMA 2018-
003) for Southwood mobile home park in order to redevelop the entirety of the park. Phase 1 consisted of
greenfield parcels, and this amendment includes the property where the existing mobile homes are located. This
amendment, Southwood Phase 2 ("Phase 2"), proposes to rezone the following parcels from R2 Residential to
Neighborhood Model District (NMD).
090A1-00-00-001D0
86.8 ac.
88.91 ac.
Southwood Charlottesville, LLC
090AO-00-00-00400
4 ac.
4.11 ac.
Southwood Charlottesville, LLC
090AO-00-00-001C0
0.46 ac.
.31
Southwood Charlottesville, LLC
3 parcels total
91.26 ac. Total
93.33 ac. Total
All of the parcels are designated in the Comprehensive Plan and the Southern and Western Neighborhoods
Master Plan (the "Master Plan") for Urban Density Residential with up to 34 DU/acre within a mixed -income,
mixed -use development. A Center designation is shown in the Master Plan in the general area near the entrance
of Hickory Street and Old Lynchburg Road.
Phase 2 is planned within the project's existing mobile home park. Development will occur in phases, referred
to as "Areas" in the plan shown below, in order to limit the impact to the existing residents.
1
The Applicant is proposing to continue the form, density, and uses that were approved in Phase 1 with this
second phase. The resident planners who designed and wrote the Code of Development for Phase I have
provided input in this next phase that the form, density, and uses established with Phase I should continue into
Phase 2.
The revised Code of Development establishes dwelling units for a mixture of incomes and uses and provides
the opportunity to continue the informal services offered within the community into occupations or small business
ventures.
Application Plan and Code of Development
A proposed Application Plan prepared by Timmons Group dated October 18, 2021 and last Revised Per County
Comments on June 27, 2022 (the "Application Plan") and Code of Development prepared by Habitat for Humanity
dated July 5, 2022 (the "COD") are enclosed with this Application. The Project proposes up to 1,000 dwelling
units including single family detached, single family attached, and multi -family units, for a gross density of 10.7
DUA across the entire 93.33 acres.
The Project also proposes a minimum of 10,000 square feet and maximum of 60,000 square feet of non-
residential use, primarily concentrated within the Neighborhood Center Special Area, Neighborhood Mixed Use,
and Urban Density Mixed Use areas but also permitted with smaller footprints within the blocks designated
Neighborhood Density.
The Application Plan identifies a continuation of blocks from Phase 1 into Phase 2. These blocks correspond
with the uses, form, and densities outlined in the COD and as shown on the Block Density Plan. The Application
Plan also includes potential areas for vehicular ingress and egress into the block areas. It is anticipated that the
existing road network will serve these blocks and be upgraded to Virginia Department of Transportation (VDOT)
road standards. The green space, recreational amenities, and trail network have been identified on the
Application Plan and in detail within the COD.
Surrounding Area
Southwood is located along Old Lynchburg Road, just south of the City of Charlottesville where the four lane
divided street transitions to a two-lane rural road. The property is within the County's designated development
area. It is surrounded by a mixture of residential and institutional/ public uses and shares its southern and eastern
property lines with Biscuit Run Park.
Comprehensive Plan Land Use Designations
The Project is located within the Southern and Western Neighborhood's Master Plan area. The Master Plan's
Future Land Use Map designates all of the Property as Urban Density Residential and also includes a Center
designation near the entrance of Hickory Street with Old Lynchburg Road.
The Property is outlined in yellow on the image below from the County GIS Comprehensive Plan layer:
The map below is from the Master Plan's Future Land Use Map.
In addition to the Urban Density Residential designation, the Master Plan states the following regarding the
Center designation and redevelopment of Southwood:
Figure 19:
Southwood Mobile Home Park
9. The Southwood (Figure 19) Center contains the existing
Southwood Mobile Home Park which contains
approximately 1500 residents, 342 mobile homes of
various ages and states of repair, a Boys and Girls Club
facility, and many children. It is recommended for Urban
Density Residential development.
Redevelopment of the Southwood Mobile Home Park
should be as a mixed -income, mixed use community. A
mixture of housing types for different income levels is
expected. A retail and/or services area should be
provided for the neighborhood. The proposed Southern
Connector road
Figure 20: Avon Street Extended project is also a
part of the planned future development. At this time,
Habitat for Humanity is planning for the redevelopment
of the mobile home park as a mixed -income, mixed -use
community. During the planning stage, opportunities may
exist for the County to partner with Habitat for Humanity
to help request grant money, significantly improve and
expand the regional inventory of affordable housing, tie
into the transportation network throughout the area, and
if Habitat for Humanity is able to exchange land owned
by the State for Biscuit Run State Park, obtain land to
add to the County inventory of playing fields.
4
The Master Plan further designates Southwood as a Priority Area and states the following regarding Priority
Areas as well as Southwood itself:
Priority Areas
Priority areas are places where significant development is currently underway, future development
is to be directed, and investment in public improvements is programmed or recommended. They
have been established to help guide the locations for public investments and other decision making.
These priority areas are especially important in providing guidance on land use decisions. While
decisions regarding private development proposals and investment should not be based solely on
these priority areas, decisions on development proposals should be made with an understanding of
where public investments are being focused.
Land use decisions should be consistent with priority areas established in the Development Area
Master Plans. The County may find it inappropriate to approve new rezoning or special use permit
requests outside of the designated priority areas if planned facilities are not in place to support
the proposed project and the existing neighborhoods. To be approved, projects outside of priority
areas will need to provide significantly higher levels of improvements to ensure that adequate
infrastructure and services are available to the area.
Southwood Site — site is the existing Southwood Mobile Home Park. This area contains mobile
homes of various ages and states of repair, a Boys and Girls Club facility, and many children.
It is recommended for Urban Density Residential development with a neighborhood Center.
Redevelopment of the Southwood Mobile Home Park should be as a mixed -income, mixed use
community. A mixture of housing types for different income levels is expected. The
neighborhood center should be provided for neighborhood supporting commercial uses. The
proposed Southern Connector rood project is also a part of the planned future development.
Consistency with the Comprehensive Plan
The proposed community is consistent with the Comprehensive Plan"s designation of Urban Density Residential
with a Center and Parks and Green Systems. Urban Density Residential contemplates an average density of
6.01-34 dwelling units per acre ("DUA"). At up to 1,000 units across the entire 93.33 acres the Project density
is 10.7 DUA, within the recommended range of the Comprehensive Plan. The net density of the Project is
approximately 12 DUA, based on 81.42 acreage available outside of environmental features and areas
designated as Parks and Green Systems, which is still within the recommended density range of the
Comprehensive Plan. Existing R-2 zoning would permit approximately 187 dwelling units (not including any
bonus density), whereas the Comprehensive Plan Land Use Map calls for over 6 DUA, up to 34 DUA. Objective
5 of the Development Areas chapter of the Comprehensive Plan is to "promote density within the Development
Areas to help create new compact urban places." Therefore, it will further the goals of the Future Land Use Plan
of the Master Plan by providing at least 527 units, with a maximum of 1,000 dwelling units (including affordable
units) close to employment areas and on an existing transit line.
The Center designation and supporting language within the Master Plan specific to Southwood, recommends a
mixed -use community, with a retail and/or services area for the neighborhood. Phase 1 included 50,000 sq ft of
non-residential, however only a maximum of 10,000 sq ft will be built within that Phase. Phase 2 is proposing up
to 60,000 sq ft of non-residential (minimum of 10,000 sq ft) which will address the recommendations of the
1 Albemarle County Comprehensive Plan, adopted June 10, 2015.
Master Plan to provide a mixed -use community and a retail and services area for the neighborhood. It is
anticipated that these uses may include a childcare center, community center, Boys and Girls Club, incubation
space for resident businesses, and other commercial office and retail uses.
The areas designated as Parks and Green Systems in the Master Plan have been included in the proposed open
space block areas and will not be impacted. As required by the NMD regulations, at least 20% of the project area
will be set aside as open space, to include amenity areas. The COD further outlines the amenities to be provided
in Phase 2. See Section 8.0 of the COD, including Table 8: Minimum Green Space and Amenity Requirements
by Block and Figure 8: Conceptual Location of Amenity Areas.
Habitat is proffering a public easement over the entire length of the primitive trail encircling Southwood (both
Phases 1 and 2). Habitat, followed by its successor in title, the Southwood Community Association, will retain
responsibility to maintain the trail. The trail crosses public rights -of -way in two locations, but the Applicant also
will provide pedestrian connections via easements across blocks at various points along the trail to link public
sidewalks with the trail. Further, the Applicant will grant public easements to connect the Southwood Trail to the
Biscuit Run Park trail. The Conceptual Location of Amenity Areas (Figure 8 of the Code of Development) shows
conceptual locations where the Southwood trail will connect to the Biscuit Run Park trail. The Applicant will work
with County Parks and Recreation to plan these connections.
Affordable Housing:
In July 2021, Albemarle County adopted an updated housing policy called "Housing Albemarle." The policy
includes 12 key objectives which will help the County achieve its housing goal of providing safe, decent, and
sanitary housing, available to all income and age levels, located primarily within Development Areas, and
available equally to current and future residents. The Project Application Plan includes within the Code of
Development, a statement that a minimum of equal or greater to 227 residential dwelling units will be affordable
to households making at or below 80% of the Area Median Income which is consistent with the Housing
Albemarle plan. Additionally, the application includes a proffer holding an additional parcel for the development
of a minimum of 50 Low Income Housing Tax Credit rentals for a period of time. Added together the 277
affordable units represent 53% of the total number of units at minimum build out and 28% at maximum buildout.
It is worth noting that these 277 units will be additive to the 207 affordable units being built in phase I of the
Southwood project for a minimum of 484 new affordable units being added to the local inventory. It is important
to note that the existing mobile homes are in a deteriorated condition and would not meet the County's definition
of safe and affordable housing. Although Habitat proffered 15% affordability in phase I, it is delivering 62%.
Habitat's sole mission is to create and preserve affordable housing and will look for opportunities to perform
above the minimums whenever financially feasible in phase II as well. The project also aligns with several of the
plan's objectives: Increasing the Overall Housing Supply, Preservation of Existing Housing and Communities,
Fair Housing and Community Equity, and Sustainable Communities.
Board of Supervisors Resolution: Public/Private Partnership Opportunity
As discussed in this Narrative, Habitat is working with the County and VDOT to redesign Hickory Street as a
public thoroughfare with on -street parking; it is working with Parks and Recreation to provide public trails and
trail connections in conjunction with Biscuit Run Park planning; it is working with Albemarle County Public
Schools to plan a potential school site. Habitat hopes to work with the County to pursue public funding for
Hickory Street and other public infrastructure needed in Habitat. The redeveloped Southwood will significantly
increase the County's tax base as discussed below.
The County Board of Supervisors adopted the following resolutions on October 5, 2016:
"NOW, THEREFORE, BE IT RESOLVED by the Albemarle County Board of Supervisors that the
Southwood redevelopment project represents an essential public/private partnership opportunity that is
consistent with the Comprehensive Plan and the County's broader strategic goals, the success of which is
greatly influenced by the extent and quality of active engagement between representatives of Habitat and
representatives of the County, including County staff,- and
BE IT FURTHER RESOLVED that the effective redevelopment of Southwood according to the core
values of non -displacement and sustainability is a critical component of successfully working with a
concentration of the County's most vulnerable population that could serve as a blueprint for future
revitalization and redevelopment of the County's aging suburban infrastructure."
These resolutions were based on the County's stated commitment "to engaging actively in redevelopment and
revitalization in the County's Development Areas with acknowledgment that a successful project of this
magnitude and complexity requires extensive collaboration and coordination among the project developer,
affected residents and public agents, including County staff and officials; and ...(that), Albemarle County, as part
of supporting this project, may wish to consider targeted investments in public infrastructure including, but not
necessarily limited to specific roads, trails and park land for public benefit, as well as innovative land use
development strategies supported by the County's Comprehensive Plan; and ... strategic investments in
Southwood are intended to result in significant returns including, but not limited to, high -quality affordable
housing units, additional employment opportunities, increased tax base, and reduction in the high demand for
County services." The Resolution is attached as Exhibit A for reference.
Other elements of the Comprehensive Plan that Southwood Supports
From the Development Areas Section of the Comprehensive Plan:
Objective 2: Create a physical environment that supports healthy lifestyles through application of the
Neighborhood Model Principles
Strategy 2e: Continue to approve mixed -use developments that are in keeping with the
Neighborhood Model and Master Plans.
Strategy 2f: Continue to promote centers as focal points for neighborhoods and places for civic
engagement.
Strategy 2g: Through Master Plans and rezoning approvals, ensure that all Development Areas
provide for a variety of housing types and levels of affordability.
Strategy 2o: Promote redevelopment as a way to improve and take advantage of existing
investment in the Development Areas
Strategy 2r: Promote use of Development Area land up to the boundary with the Rural Area. Do
not require transitional areas between the Rural Area and Development Areas.
Objective 4: Use Development Area land efficiently to prevent premature expansion of the Development
areas
Objective 9: Match infrastructure availability and capacity with new development, especially in Priority
Areas.
Strategy 9b: Make decisions to approve new development with an understanding of where public
investments are being focused. Give priority to approving rezonings and special use permits that
are consistent with priority areas established in the Development Area Master Plans.
Consistency with the Neighborhood Model Principles: See Code of Development Pane 6
Impact on Public Facilities and Infrastructure: See Also Code of Development Page 7
Schools:
Southwood is in the Mountain View Elementary School district. Mountain View has been near or over capacity
for approximately five years. The closing of Yancey Elementary has contributed to the overcapacity problem. In
2019, the Long -Range Planning Advisory Committee (LRPAC) recommended expanding and renovating
Mountain View Elementary as a short-term capacity solution. The County approved a $6.1M budget for
construction if six new classrooms and a cafeteria addition. The project is scheduled to begin construction this
year.
In 2021, the LRPAC recommended a Mountain View Capacity Project for long-term capacity solutions. Following
planning meetings of the Master Planning Study committee, County planning staff, and the community held
throughout 2021, consultant RRMM Architects issued its Mountain View Capacity Update on December 2, 2021.
The report notes that the following options that were considered but not recommended based on participant
input:
- Build new Early Childhood (Pre-K and K) building on Founders Place Site
- Move one or more grade levels from Mountain View to Walton MS
- Build additions to increase capacity of Red Hill ES by 200 students and redistrict students from Mountain
View to Red Hill
- Build a new 400-500 seat PK-2 school in the Mountain View attendance zone. Current Mountain View
becomes a 3-5 school
- Build additions on to Mountain View to increase the capacity to 800- 850 seats
- Build a new 800-850 seat school to replace Mountain View on an acquired site
Based on input received, the consultant recommended construction of a new 400-450 student capacity
elementary school that would increase overall capacity in conjunction with the existing, expanded Mountain View.
After the student enrollment numbers for 2022-23 have been finalized, the School Board will determine whether
to proceed first with the new elementary school in the northern feeder pattern or with the new southern feeder
pattern elementary school. Depending on whether first or second, the timing for beginning design would be July
2024 or July 2027 with construction to being after a year of design. Therefore, a new school site could be needed
as early as July 2025.
The Subdivision Yield Analysis (prepared by Cooperative Strategies for Albemarle County Public Schools on
August 23, 2021) was provided by Albemarle County Public Schools (ACPS) as the most current and precise
method for calculating the potential number of students to be generated by a new residential development in the
various school districts based on enrollment numbers from various housing types. Recognizing that Southwood
already has 362 existing students, Rosalyn Schmitt, Chief Operating Officer of Albemarle County Schools, in
conjunction with Habitat, prepared the analysis below to take into consideration existing students and to provide
for the transition of families from trailers to various new housing types within the community. At the maximum
buildout of 1,000 homes, this rezoning would be expected to add 114 students to the southern feeder pattern
over the 15-20 year build -out of Phase 2 with a maximum of 63 new elementary school children.
Phase UnN Type
Total Number of
U°ita
Net Increase in
Numberof
Units'
Elementary(K-5)
Total
Yield Rale' Numberof
Students
Middle(6.8)
Total
Yield Rate' Numberof
Students
High(9-12)
Total
Yield Rate' Numberof
Students
Total
Numberof
Students
(K-12)
Single Family Detached
48
37
0.14
5
006
2
0.09
3
11
Single Family Aeachedf7ownhouse
130
99
0.06
6
002
2
0.01
1
9
PHASE
Duplex
12
9
0.06
1
0.02
0
0.01
0
1
MultifamilylApartment•
145
111
0.14
15
008
9
0.08
9
33
Phase i Total
336
255
27
13
13
W
Single Family Detached
140
107
0.14
15
006
6
009
10
31
PHASE2 Single Family AnacheMownhouse
710
541
US
32
0.02
11
0.01
5
49
Multifamily/Apartment'
150
114
0.14
16
0,08
9
0.08
9
34
Phase 2Total
1000
763
63
26
24
114
Phase 1 . Phase 2 Total 1335 1018 91 a37 168 Net Increase in Student.
Current Southwood Students• 317 Im 92 116 362
Total Number of Students
245 132 153 530
'Yield rates are calculated by dividing the current number of students Irving in the district by the total number of housing units by type at the district Calculations were done with 2019120 enre0ment.
• Yield rate for apartment units provided by PHA (0.3 student per PHA LIHTC (Low, Income Housing Tax Credit)
• Assumes current Southwood families will occupy different unit types proporionately.
• Based on 202122 School Year
We expect that the pattern of families aging and moving will be quite different in Southwood than in most
neighborhoods with regard to the Habitat homes. Habitat homes are sold with deed covenants and mortgage
structures that incentivize long-term home ownership and are built for whole -life living, with accessible first floors
inclusive of at least one bedroom and a full bath. Therefore, children growing out of the school system will not
be replaced by new children at the frequency that would occur in homes held for shorter time periods. Rather,
we expect an increase, then a decline, over the next 40 years as Southwood homeowner age in place.
The County recognizes that the school district has an existing capacity challenge and will need to take steps to
solve the issue as the County's school population grows. However, based on the extraordinary $160 million
affordable housing contribution that Southwood is making to the County, the Applicant is not able to donate a
school site at no cost. As described below, providing affordable housing is very costly and must be weighed
against any applicant's ability to provide other contributions to public facilities. The Applicant instead will proffer
an approximately seven -acre school site for potential sale at a 20% discount from market value reflecting
Southwood's contribution of approximately 20% of the new elementary school's students. This proffer addresses
the impact of the net increase in students from this rezoning, providing an essential nexus, as required by Nollan
v. California Coastal Comm'n, 483 U.S. 825 (1987) and is roughly proportional to that impact, as is required by
Dolan v. City of Tigard, 512 U.S. 374 (1994). The donation of a seven -acre school site would not be proportional
to the impact of adding 63 students elementary students over 15-20 years. As the Virginia Supreme Court has
recently confirmed in Bd. of Supervisors of the Co. of Albemarle v. Route 29, LLC, Record 201523 (June 2,
2022), "in order to be constitutional and enforceable, conditional proffers must bear an essential nexus and be
roughly proportional to the impacts associated with the new development.... 'rough proportionality,' while not
requiring a mathematical formula to determine the degree of congruence, requires an 'individual determination'
by the municipality that the conditional proffer target and addresses specific impacts of the proposed
development."
Habitat is a non-profit organization with a mission to provide safe, decent, affordable housing to those with lower
incomes. The Greater Charlottesville Habitat is the most productive affiliate in the country for a service area of
its size, having averaged 20 homes built and sold annually over the past ten years and having developed nine
mixed income communities. Habitat sells homes at its cost to build, providing no -interest loans specifically
tailored to each homebuyer's financial profile. Almost all sales involve deferred and forgivable mortgages and
other funding sources that further reduce the actual amount buyers pay. The construction and development
costs are funded by a complex combination of grants, donor funds, and cross -subsidies from market rate lot
sales. Far from profiting from providing affordable homes and mixed -income developments, Habitat leaves
substantial subsidy in every home it builds because the cost of construction far outweighs the amount its buyers
can afford. At Southwood, the sale of lots to market rate builders is critical to providing funding to develop the
infrastructure and build the affordable homes. Habitat cannot simply give land of that value to the County without
sacrificing its ability to provide homes to needy families by constructing replacement housing funded by market
rate lot sales.
Habitat has discussed with ACPS providing a finished pad for a school site up to seven acres on Blocks 20 and
34 of the Project. ACPS and the Applicant have discussed size and location of the site, potential design, and
timing of delivery. As part of these discussions, Habitat has worked with a design firm to create a concept plan
for an urban size school that meets County requirements for such critical elements as classroom numbers,
recreational and administrative space, etc. That concept plan and rendered elevations are attached as Exhibit
B. Please see the proffer statement.
Transportation:
ZMA 2018-0003 (Phase 1) included estimated traffic numbers of 5,000 vehicles per day for Phase 2, not knowing
what the actual number would be. Included with this Application is a comprehensive Traffic Impact Analysis for
both Phase 1 and Phase 2, which supersedes the TIA for Phase 1, which is no longer valid. Please refer to the
Traffic Impact Analysis prepared by Timmons Group, dated February 22, 2022.
The Applicant has discussed with County Transportation, Zoning, Planning, and Parks & Recreation
Departments how best to address the future funding and development of Hickory Street south of Southwood.
(This off -site portion of the road lies over property owned by the County, The Covenant School, and other private
landowners.) Based on feedback from the County, the Applicant is proffering engineered design drawings of
30% completion for the construction to VDOT secondary public road standards of Hickory Street from the
southern boundary of the Property to the intersection with Oak Hill Drive. Following the receipt of feedback from
County reviewers and VDOT, the Applicant will provide revised road plans in a form that the County may use for
future grant applications, design and construction. This road will create a critical parallel road network of public
streets alleviating pressure on Old Lynchburg Road by dispersing traffic.
Tax Revenue:
The replacement of the 93-acre mobile home park by subdivided home lots will provide significant real estate
tax dollars to the County, which will help defray the costs of education, transportation, parks, and other services.
Currently, Southwood residents pay personal real estate tax on their mobile homes, and the Owner pays real
estate taxes on the unsubdivided parcels. Once the Property has been subdivided and homes have been
constructed, the estimated real estate taxes from Habitat homes alone in Southwood will be over $850,000 per
year with the net gain in taxes equal to $710,000 without any additional impacts given that the same residents
will remain. Through its subsidized mortgage structure, Habitat will largely be the payor of such additional County
revenue.
Number of Trailers 317 Personal property tax paid by current residents prior to redevelopment $ 75,890 a.rw.r
_ (Assumed Value per taller) $ 7,000 Real estate taxes paid per year by Southwood Charlottesville LLC $ 64,131 ",-
Personal Property Tax Rate $ 3.42 wrstoo Total taxes paid per year for the trailer park property prior to redevelopme $ 140,021 mrv..r
Real Estate Tax Rate $ 0.854 mrSIM
Avg Value of a new affordable home in Sx SISi88g0 Real estate taxes to be paid by rehoused residents post redevelopment $ 850,055 "ry..r
IlAnnual net gain for County without increased impacts 1$ 710,034lp.w-
10
Impacts on Environmental Features: Please see also the Application Plan and Code of Development
Page 8
Stream Buffers:
Wetland Studies and Solutions, Inc. (WSSI) prepared a "Waters of the U.S. (including Wetlands) Delineation,"
dated March 11, 2022, for Areas 2A and 2B and determined that the stream in Block 13 is intermittent. The Army
Corps of Engineers (ACOE) and the Virginia Department of Environmental Quality (DEQ) have confirmed these
findings. Please see their determination letters attached as Exhibit C-1 and Exhibit C-2, respectively.
Therefore, no water protection ordinance stream buffer will be needed in Block 13. A WPO buffer is shown per
County GIS in Block 15. The stream will be evaluated in this area during site planning and, if found to be
intermittent, will not require a buffer.
Stream Restoration Easement:
Albemarle County Facilities & Environmental Services (FES) is planning to conduct a stream restoration project
on Biscuit Run and/or one of its tributaries. FES's consultant, Ecosystem Services, is currently preparing a report
summarizing a conceptual design approach and phasing plan. This anticipated report will be the core of the
Biscuit Run Restoration Master Plan, which FES will use to garner support and cooperation for proposed
restoration projects and to strengthen grant applications. The report is expected to be finalized in mid -August.
Based on the draft Biscuit Run Restoration Master Plan prepared by Ecosystem Services for Albemarle County
FES, the current priority restoration site is expected to be a segment of an unnamed tributary adjacent to the
Southwood property. The Applicant is coordinating with FES to help facilitate successful stream restoration and,
at FES' request, will grant one or more easements to the County in furtherance of such efforts.
Infrastructure and Stream Impacts Generally:
The mobile homes northeast of Hickory Street are served by County sanitary sewer, while those southwest of
Hickory Street have private septic tanks and drainfields. The Applicant is working with its environmental
consultant to remediate any conditions to ensure redevelopment causes no impact on streams. Though a formal
survey of existing drainfields has not been conducted, it is believed that there are 43 drainfields and the Applicant
is not aware of any issues regarding stream impact. Following DEQ procedures regarding remediation, under
oversight of WSSI, the Applicant is moving oil tanks and septic tanks serving existing mobile homes in groups of
8-10 as the homes are moved to make way for redevelopment. The 26 trailers in Area 1A have been moved to
the north side of Hickory, and all associated oil tanks and drainfields have been removed. The Applicant is in
the process of moving 65 trailers with associated drainfields, septic tanks, and oil tanks from Area 1 B and expects
to complete that work by the end of 2022. There is no further room within Southwood to relocate any additional
trailers, so the Applicant has had a new sanitary sewer line designed to serve remaining trailers in the area
southwest of Hickory so that the remaining septic tanks and fields can be decommissioned.
Historic Resources: There are no known historic resources on the Property. The Applicant will obtain a cultural
resources study of the Property if required for any federal funding it pursues to develop the Property.
Climate Action Plan
In October 2020, the County adopted the Climate Action Plan that recommends a number of strategies and
actions for renewable energy and other initiatives. Southwood will specifically contribute to the following
strategies and actions:
Strategy: Increase opportunities for bicycling, walking, and other alternative forms of personal transportation for
daily travel.
11
Actions:
• Increase the extent of sidewalks, bike lanes, and shared -use paths in the County's Development Areas,
focusing on strategic, high -impact connections and filling gaps in existing networks.
• Improve the quality of bicycle and pedestrian infrastructure in the Development Areas to make it safer
and more comfortable for users.
Strategy: Throuqh land use planning, provide an urban land -use pattern more conductive to sustainable local
and regional travel. and to protecting carbon seauestration in the Rural Area.
Actions:
• Incentivize denser and more mixed -use development patterns within the Development Areas, including
infill development within existing low -density areas and redevelopment of existing underutilized
commercial sites.
• Increase affordable housing options in areas served by a variety of transportation options.
SUMMARY
Below are the favorable and unfavorable factors in the staff report to the Planning Commission. The Applicant
has worked to address the issues listed as unfavorable factor in this resubmission and provides responses to
those items below.
Factors listed in the April 26, 2022 staff report to the Planning Commission:
Factors Favorable:
1. The rezoning request is generally consistent with the recommendations contained in the Southern and
Western Urban Neighborhoods Master Plan and the Comprehensive Plan.
2. The rezoning is within the Priority Area of the Southern and Western Urban Neighborhoods Master Plan.
3. The rezoning is consistent with most of the applicable Neighborhood Model Principles.
4. The rezoning provides affordable housing that meets the housing policy of the Comprehensive Plan with
regard to the minimum number of units provide, however staff has some remaining questions and
clarifications for the applicant.
5. Redevelopment of the existing mobile home park would provide new housing options and
home ownership for existing community residents.
6. With redevelopment, two improved transit stops would be provided.
7. The rezoning supports the County Board of Supervisors Strategic Plan goal for Revitalizing Aging Urban
Neighborhoods and is within an Opportunity Zone.
Factors Unfavorable:
1. The rezoning request will add additional students to Mountain View Elementary, which is currently
over capacity. This application has not adequately addressed the impacts generated by this proposed
development.
Response: Please see the discussion of school impacts above. The Applicant has worked with
ACPS to site and design a school site desirable and acceptable to ACPS within its anticipated
timeframe for construction and is proffering to sell a school site to ACPS at a reduced price and
will complete all development and pad preparation at cost. The offered 20% price reduction for
the school site land corresponds to the approximately 20% contribution of students to the 400-
600 capacity elementary school from the Southwood community (Phases 1 and 2). Further, the
transformation of Southwood from a rental trailer park to a community of taxed lots will provide
the County with an estimated additional $850,000 per year in real estate tax revenue from Habitat
homes alone (not including market rate lots and homes).
12
2. The need for a new school has been identified but additional studies would be needed to acquire a
site, design, and construct a school.
Response: The Applicant has worked closely with Rosalyn Schmitt, Chief Operating Officer of
ACPS, who has communicated Habitat's offers and plans to the School Board. Habitat has
provided two designs for ACPS review and has crafted proffers to accommodate the Schools'
potential timelines for construction. Habitat can provide the site within the Schools' timeline,
though it will ultimately be ACPS's decision whether to purchase the proffered site.
3. The rezoning will add additional traffic to Old Lynchburg Rd/5th Street Extended and impact
existing intersections along the corridor. The rezoning does not adequately address impacts to
the section of Hickory Street from Southwood to Oak Hill Drive. No bike lanes are proposed on
Hickory St.
Response: All existing traffic issues identified by the Applicant and the County will continue to
exist whether or not Southwood is redeveloped. Approximately 1,300 residents already live in
Southwood. The County is already addressing some of these intersections with new plans or
studies. The Applicant is providing 30% engineered plans for that portion of Hickory Street off -
site from the southern boundary of the project to Oak Hill Drive. Once fully -designed and
constructed, Oak Hill will become a public road and will serve as an alternate route to diffuse
traffic in the area. Additionally, as a multi -modal Gateway into Biscuit Run park, the
redevelopment will obviate vehicular trips from the southern and western neighborhoods to the
entrance of the park on Route 20 South.
The Southwood resident designers were concerned about the safety of bike lanes in the right-of-
way and planned, instead, a 10-foot wide multi -use trail that will run parallel to Hickory Street,
separated from the street by a planting strip. This multi -use trail can connect to the County's
planned multi -use path on Old Lynchburg Road as well as to the Biscuit Run network of trails.
The multi -use trail for pedestrians and cyclists, the fully built -out Hickory Street, and the two new
transit stops will provide multi -modal routes of transit through Southwood, which will help
alleviate vehicular traffic on Old Lynchburg Road.
4. The rezoning will result in a significant increase in residential units. Developments of this size
generate impacts to County parks facilities, specifically Biscuit Run.
Response: Southwood Phase 2 will contribute a minimum of 227 additional affordable housing
units to the County and will fulfill the Comprehensive Plan's goals of redeveloping Southwood
into a mixed -income, mixed -use neighborhood with a variety of housing types at many affordable
price points. In total, Southwood redevelopment will add a minimum of 484 new safe, decent and
affordable homes. The net increases in real estate taxes to the County from the redevelopment
will contribute substantially to the public treasury. Public parks such as Biscuit Run are intended
for county residents to enjoy. The proffers include public easements over (a) the Southwood
perimeter trail, (b) trail connections from public sidewalks to the perimeter trail, and (c)
connections between the perimeter trail and the Biscuit Run trails. The area's Long -Range
Transportation Plan identifies Southwood as a key "gateway" facilitating non -vehicular entrance
into Biscuit Run Park and thereby allowing access to the park from residents of the Southern
neighborhoods without driving to the main entrance on U.S. Route 20 South. This gateway is
created in multiple ways through this redevelopment: transit stops, public trails and trail
connections, enhanced parking on an upgraded Hickory Street, the conversion of Hickory Street
13
from private to public right-of-way, and land use locating residences within an easy walk to the
park.
5. The rezoning does not provide a commitment to construct a minimum square footage for nonresidential
uses and therefore does not provide assurance for a Center as recommended by the Master Plan.
Response: A minimum of 10,000 square feet of non-residential uses will be developed in Phase
2.
14
EXHIBIT A
A RESOLUTION SUPPORTING A
COLLABORATIVE REDEVELOPMENT PROJECT PROCESS
FOR THE SOUTHWOOD COMMUNITY
WHEREAS, the Southwood Mobile Home Park (Southwood), located on Hickory Street south of 1-64
and east of Old Lynchburg Road in the Southern Urban Neighborhood, which is a priority area within one of
the County's designated Development Areas, currently has 341 mostly substandard mobile homes and
more than 1,500 residents representing the County's largest concentration of substandard housing, and
utilizing a larger percentage of County services than any other single development in Albemarle County; and
WHEREAS, Habitat for Humanity of Greater Charlottesville (Habitat), which purchased Southwood in
2007, expects its planned redevelopment of the 88-acre site to include the removal of mobile homes,
replacing them with a variety of different site -built unit- type homes in a manner consistent with its non -
displacement pledge, resulting in approximately 400 new affordable housing units; and
WHEREAS, Habitat, having already invested more than $2 million on deferred and emergency
maintenance - including road improvements, sewer system upgrades and emergency electrical repair -
recwgnizes that extensive additional infrastructure improvements will be needed which may be in excess of
its capability to fund without assistance; and
WHEREAS, through its Strategic Plan and Comprehensive Plan the County is committed to
engaging actively in redevelopment and revitalization in the County's Development Areas with
acknowledgment that a successful project of this magnitude and complexity requires extensive collaboration
and coordination among the project developer, affected residents and public agents, including County staff
and officials; and
WHEREAS, Albemarle County, as part of supporting this project, may wish to consider targeted
investments in public infrastructure including, but not necessarily limited to specific roads, trails and park land
for public benefit, as well as innovative land use development strategies supported by the County's
Comprehensive Plan; and
WHEREAS, strategic investments in Southwood are intended to result in significant returns
including, but not limited to, high -quality affordable housing units, additional employment opportunities,
increased tax base, and reduction in the high demand for County services.
NOW, THEREFORE, BE IT RESOLVED by the Albemarle County Board of Supervisors that the
Southwood redevelopment project represents an essential publiclprivate partnership opportunity that is
consistent with the Comprehensive Plan and the County's broader strategic goals, the success of which is
greatly influenced by the extent and quality of active engagement between representatives of Habitat and
representatives of the County, including County staff; and
BE IT FURTHER RESOLVED that the effective redevelopment of Southwood according to the core
values of non -displacement and sustainability is a critical component of successfully working with a
concentration of the County's most vulnerable population that could serve as a blueprint for future
revitalization and redevelopment of the County's aging suburban infrastructure.
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EXHIBIT C-1
r"'•-- Wetland �"•�
'rrudies and Solution+� to°
a DA EY1 company
Mr. William Thiessen
Habitat for Humanity of Greater Charlottesville
967 2nd St SE
Charlottesville, Virginia 22902
June 20, 2022
Via Email: wthiessen@cvillehabitat.org
Re: Jurisdictional Determination (#NAO-2021-02751)
Southwood Trailer Park Sections 2A and 2B (t40 acres)
Albemarle County, Virginia
WSSI #31349.09
Dear Mr. Thiessen:
Enclosed is a copy of the U.S. Army Corps of Engineers' (COE) Jurisdictional
Determination (JD) (#NAO-2021-02751) confirming the wetland delineation prepared by
Wetland Studies and Solutions, Inc. This JD is valid for a period of five years from the date that
it was issued (June 14, 2022).
Please note that this JD is only the COE verification of the wetland delineation and does
not constitute authorization to impact any waters of the U.S. on the site. If you have any
questions, please contact me at rshumway@wetlands.com or (703)-679-5740.
Sincerely,
WETLAND STUDIES AND SOLUTIONS, INC.
Rachel Shumway, ITS
Environmental Technici /J
J ifer M. avela, PWS2
Project Environmental Scientist
Enclosure
cc: Mr. Andrew Vinisky, Habitat for Humanity of Greater Charlottesville (w/enc.)
LA31000s\31300\31349.09\Admin\05-ENVR\Delin\COE\AJD (#NAO-2021-2751)\NAO 2021-02751 Southwood Trailer Park
(Sections 2A and 2B) JD Letter.docx
I Wetland Professional in Training, Society of Wetland Scientists Certification Program, Inc.
1 Professional Wetland Scientist #3033, Society of Wetland Scientists Certification Program, Inc.;
Stormwater Combined Administrator #0624; Responsible Land Disturber 918498
5300 Wellington Branch Drive • Suite 00 • Gainesville, VA 20155 • Phone 703.679.5740 • Fax 3. 9.5601
Rshum @w ands.com • www.wedandsxom
DEPARTMENT OF THE ARMY
US ARMY CORPS OF ENGINEERS
NORFOLK DISTRICT
FORT NORFOLK
803 FRONT STREET
NORFOLK VA 23510-1011
June 14. 2022
NOTIFICATION OF APPROVED JURISDICTIONAL DETERMINATION
Western Virginia Regulatory Section
NAO 2021-02751 (Southwood)
Habitat for Humanity of Greater Charlottesville
Attn: William Thiessen
967 2nd Street SE
Charlottesville, Virginia 22902
Dear Mr. Thiessen:
This letter is in regard to your request for an approved jurisdictional determination for
the waters of the U.S. (including wetlands) on a 40 acre parcel, located near the
Southwood Trailer Park (Sections 2A and 2B, in Albemarle County, Virginia hereinafter
referred to as the project area.
The U.S. Army Corps of Engineers (Corps) received your request for an approved
jurisdictional determination for the above referenced project area. Based upon a
desktop evaluation and a site visit, the 33 CFR 329 definition of navigable waters of the
United States, and the 33 CFR 328 definition of waters of the United States and federal
regulation of navigable waters, the Corps determines:
There are waters of the U.S. within the above -described project area, which are
subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344
and/or Section 10 of the Rivers and Harbors Act. These waters exhibit wetland criteria
as defined by the 1987 Corps of Engineers Wetland Delineation Manual, and the
Eastern Mountains and Piedmont Regional Supplement. This site also contains waters
with an ordinary high-water mark that are part of the tributary system to Navigable
Waters of the U.S. The project area contains approximately 0.04 acres of jurisdictional
wetlands and 1247 linear feet of jurisdictional stream channel.
Please be aware that you may be required to obtain a Corps permit for any
permanent or temporary discharges of dredged and/or fill material into waters of the
U.S. Furthermore, you may be required to obtain state and local authorizations,
including a Virginia Water Protection Permit from DEQ, a permit from the Virginia
Marine Resource Commission (VMRC), and/or from your local wetlands board.
This delineation and jurisdictional determination may not be valid for the Wetland
Conservation Provisions of the Food Security Act of 1985, as amended. Therefore, if
you or your tenant are U.S. Department of Agriculture (USDA) program participants, or
-2-
anticipate participation in USDA programs, you should discuss the applicability of a
certified wetland determination with the local USDA service center, prior to starting
work.
The Norfolk District has relied on the information and data provided by the agent to
make this determination. If it is determined such information and data are materially
false or materially incomplete, a new determination would be necessary.
ADMINISTRATIVE APPEALS NOTIFICATION
This letter constitutes an approved jurisdictional determination for the above -
described project area. If you object to this determination, you may request an
administrative appeal under Corps regulations (33 CFR Part 331.) Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA)
form. If you request to appeal this determination you must submit a completed RFA
form to the North Atlantic Division Office at the following address:
ATTN: Ms. Naomi J. Handell, Regulatory Program Manager
United States Army Corps of Engineers
CENAD-PD-OR
Fort Hamilton Military Community
301 General Lee Avenue
Brooklyn, NY 11252-6700
The Corps will determine whether the RFA is complete and meets the criteria for appeal
under 33 CFR 331.5. The RFA must be received at the above address within 60 days
of the RFA, and by August 14, 2022. The Corps will not accept incomplete or late
RFAs. You do not need to submit an RFA if you do not object to the approved
jurisdictional determination.
This approved jurisdictional determination is valid for five years from the date of this
notification unless new information warrants revision prior to the expiration date.
If you have any questions regarding this notification, please contact me either via
telephone at (434)-973-0568 or via email at Vincent.d.pero@usace.army.mil.
Sincerely,
1/�izc erct Tom. �a�.e
Vincent D. Pero
Project Manager, Western Virginia
Regulatory Section
-3-
Enclosure(s)
Cc: VA DEQ
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Habitat for Humanity of Greater
File Number: NAO-2021-0751
Date: June 14,
Charlottesville — William Thiessen
2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at
httl)://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/al)veals.asl) or Corps
regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT M
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarifv the location of information that is alreadv in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal
process you may contact:
Vincent D. Pero
920 Gardens Boulevard, Suite 103-B
Charlottesville, Virginia22901
If you only have questions regarding the appeal process you may
also contact:
Ms. Naomi J. Handell
Regulatory Program Manager (CENAD-PD-OR)
U.S. Army Corps of Engineers
Fort Hamilton Military Community
301 General Lee Avenue
Brooklyn, New York 11252-6700
Telephone number: (917) 789-4841
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of anv site investigation. and will have the ormortanity to participate in all site investigations.
Date:
of appellant or
Telephone number:
STREA
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SUMMARY OF JURISDICTIONAL AND STATE WATERS RESOURCES WITHIN
// /I 1 1 \ \ \ \ - \ \\ \\\ g� --- R€AeHE1 - - *
�O \ � C 2 1 �`O , - - _ �_ � _ THE SOUTHWOOD TRAILER PARK SECTIONS 2A AND 2B STUDY AREA
--J/ �IL53} M88 S4I / NOYE#15 /Vi-/ II \\\ `\ \ \ �\ \��\1 \\\\�\�\\\\\\�� \\-\�------
\ \ \ N \\\` -
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W6 //�/ I I I I A\ // / / / / / / 1 I A A AV A V A A11\\�\\\\\\ \�11(�� 40
g / 1/ / / , O / 1 1 I \ \\ D\1 /
I I I I 1 � 1 � � / � 1 \\ \ \ 1 \I \I
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JURISDICTIONAL WOTUS
AQUATIC RESOURCE
COWARDIN CLASSIFICATION
AREA
LINEAR FEET OF
STREAMBED
(SQUARE FEET)
(ACRE)
S-1
R3
544
0.01
123
S-2
R4
1,728
0.04
265
S-3
R6
203
0.005
34
S-4
R4
6,183
0.14
814
S-5
R6
62
0.001
11
W-2
PFO
829
0.02
N/A
W-3
PFO
159
0.004
N/A
W-4
PFO
186
0.004
N/A
W-5
PFO
634
0.01
N/A
W-6
PFO
4
0.0001
N/A
TOTAL JURISDICTIONALWOTUS ON STUDY AREA
10,532
1 0.24
1,247
f�A�91 I
/ I I W-5 I 0 / , r / / ,/ / ,/ I I I 1 l / / ` These numbers are based on the surveyed and approximate locations of the delineated WOTUS and other resource
\ J I /: I I I I I � /// / '
\ I // I , ,'I / / / / / ( I \ _ / / / / I I I l l / boundaries within the study area boundary.
4,
I:y I M5fl
LEGEND
�, •
STUDY AREA BOUNDARY
PREVIOUS WSSI DELINEATION BOUNDARY
(NOTE # 14)
PERENNIAL STREAM (PER WSSI'S OBSERVATIONS)
APPROXIMATE LIMITS OF PERENNIAL STREAM
(PER WSSI OBSERVATIONS - NOT SURVEYED) NOTE #13
INTERMITTENT STREAM (PER WSSI'S OBSERVATIONS)
APPROXIMATE LIMITS OF INTERMITTENT STREAM
®
(PER WSSI OBSERVATIONS - NOT SURVEYED) NOTE #13
EPHEMERAL STREAM (PER WSSI'S OBSERVATIONS)
PALUSTRINE FORESTED WETLAND
NON -JURISDICTIONAL FEATURE (NOTE #10)
ABLEMARLE COUNTY MAPPED STREAM BUFFER
RPA
BOUNDARY
FEMA
FEMA MAPPED 100 YEAR FLOODPLAIN
lSr"1
STUDY AREA PHOTOGRAPHS
D6 +
WETLAND FLAGGING POINT/NUMBER (pink-glo)
D P2
DATA POINT LOCATION/NUMBER (orange and pink-glo)
(SURVEYED)
RCP
REINFORCED CONCRETE PIPE
A
TRAVERSE STATION (WSSI)
4t FLY POINT (WSSI)
COWARDIN CLASSIFICATION
R3 RIVERINE UPPER PERENNIAL
R4 RIVERINE INTERMITTENT
R6 RIVERINE EPHEMERAL
PFO PALUSTRINE FORESTED WETLAND
11II11IL2161
015 - _ - J / / // WATERS OF THE U.S. DELINEATION AND SURVEY NOTES: 10. The concrete -lined ditch located in the northeastern portion of the study area appears to
have been excavated in uplands for the purpose of conveying stormwater and does not meet
S-4/
1. This map has been oriented to The Virginia Coordinate System of 1983, South Zone, the definition of a tributary. Stormwater conveyance features constructed or excavated in
I �QTI / / / , , I / / \ I I I I I I I NAD83(NA2011) Epoch 2010.00, using a Real Time Network (RTN) GPS. Wetlands and upland or in non -jurisdictional waters to convey, treat, infiltrate, or store stormwater runoff
W 4
I I I I II I I I I \ 1 I 1 /' O / 1 I I I I III t other Waters of the U.S. (i.e., streams) flags, data points, and the monumentation shown are not considered to be `Waters of the U.S." per 33 CFR Section 328.3 in the "Final Rule for
were located in the field using RTN GPS and conventional survey methods. Accuracy of field Regulatory Programs of the Corps of Engineers" (Fed. Reg. Vol. 51, No. 219, pg. 41217,
I) I I I I I I I \ \ 'M DP 9 I / I \ \ , - / / \ - / / / / / / I I I I I I I locations of wetlands meets or exceeds the standards set by the U. S. Army Corps of November 13, 1986). Additionally, such features are excluded from the requirements for a
I I I I I I J �II7 9 , 4 >f I \ 1 \ O / / 1 \O / / ! / / / / 1 1 1 1 / Engineers (COE) Memo CENAO-CO-R, dated September 30, 1998. Field locations were Virginia Department of Environmental Quality (DEQ) permit under the Virginia Administrative
// completed on February 25, 2022. Code (9VAC25-210-60 (12)). At the time of the April 2022 jurisdictional determination site
visit, the COE and DEQ concurred that this ditch is not a jurisdictional water of the U.S.
1
DP/ 4 / / / / / / / / / / 2. The boundary line information shown hereon is for information purposes only and does
/ / / j / / / / / // / / / / not constitute a boundary survey by Wetland Studies and Solutions, Inc. (WSSI). 11. Stream evaluation methods developed by the North Carolina Division of Water Quality
Ste\ \ \ Monumentation, including traverse stations and fly points, shown on this drawing should be (NCDWQ) and the Fairfax County Department of Public Works and Environmental Services
\\ \ \ \ \ - - -' / /' /' // / / // �/ / � / used to orient wetland locations to any future boundary, topographic, or location survey. (DPWES) were used in the field to distinguish between ephemeral and intermittent streams
I 1 I I 111�11v13 \ \\ \\ \ \ I // / / // / / //� (based on the NCDWQ method) and between intermittent and perennial streams (based on
/
/ /// 3. Periodic flag numbers are shown depicting the survey -located boundary of wetlands, both methods). These methods were used to characterize representative reaches of the
I / I I I I 1 \ \ �•(•\� M33\ \ \ \ \ \ - , - I I / / / / / / / / / // / // (. other waters of the U.S. (i.e., streams), and other resources. Resource flags are pink-glo in streams on and within 100 feet of the study area.
We3 \ \ \ I I _ FAO / / / / / / / / // color. Data points are flagged with orange-glo and pink-glo flagging tied together.
12. The terms "Ephemeral", "Intermittent", and "Perennial" used on this Attachment classify
4. Topography and boundary information obtained in digital format from Albemarle County and describe the flow regime character of streams, are based on WSSI's field observations,
`\ \ \ \ / / /' / //// digital data was used as a base for this Attachment. and are only provided for state and local regulatory purposes. The flow regimes of streams
M27\ \ 3
/ / I I OIL111 \ \ \ Q 1 �1 ' // / SUMMARY OF JURISDICTIONAL RESOURCES BY COWARDIN are not verified by the COE; however, the geographic limits of these streams are all subject
DP 5. This delineation was performed pursuant to the "Corps of Engineers Wetlands to COE jurisdiction, and the COE's approval of this delineation represents only the approval
CLASSIFICATION' Delineation Manual," Technical Report Y-87-1 (1987 Manual) and subsequent guidance and of the geographic limits of waters of the U.S.
\ST'R / /-� 1 I I /,
L7+ M21 \\ \ \ REAC 1 1 I /
hgTE/#9' I A M,
#26/#27 \ II l I / ®#20,#21
modification by the Regional Supplement to the Corps of Engineers Wetland Delineation
Manual: Eastern Mountains and Piedmont Region (Version 2.0) dated April 2012. 13. WSSI has delineated and surveyed the outer limits of jurisdictional areas within the study
area. Some of the jurisdictional areas on the study area are composed of systems
6. Because the study area consisted primarily of existing development, transects were not containing different wetland (i.e., PFO) and stream (i.e., R3 and R4) types. The approximate
established, and the study area was systematically searched for jurisdictional wetlands and limits of the different wetland and stream types within the surveyed jurisdictional areas are
other waters of the U.S. depicted as a thin colored line of the associated wetland or stream type.
7. Field work was performed on February 17, 2022 by Jennifer M. Favela, PWS and Tom 14. The boundaries of jurisdictional wetlands and other waters of the U.S. within the
L Balinger. northwestern portion of the Southwood Trailer Park Sections 2A and 2B study area were
previously delineated and surveyed by WSSI, as described in the October 12, 2021 report
/ /
RRA ' These numbers are based on the surveyed and approximate locations of the
RP \ , �P 8 \ O ' c� 8. This water of the U.S. (i.e., stream or wetland) originates outside of the study area, entitled "Waters of the U.S. (Including Wetlands) Delineation, Southwood Trailer Park (t2.5
\ \ \ ` - I / / delineated WOTUS boundaries within the study area boundary. upslope. acres)". The COE issued a preliminary jurisdictional determination (JD) verifying the
O / A 8 - - _ - 6 _ - \ delineated boundaries of these waters of the U.S. (JD #NAO-2021-02751) on January 19,
409
_ 9. This water of the U.S. (i.e., stream or wetland) or other resource continues outside of the 2022 which is currently valid.
H 12 \ \ \ \ O / study area, downslope.
\ \ \ / 15. This Attachment has been revised per the April 19, 2022 site visit with the COE and
' G-28-61 \
FEMA - � G34 y ` 4 #25 P }6��(®\J 1 1 \ \ \\ \\\ \\ `\ / j � � � � j j O / /�� GRAPHIC SCALE DEQ. Based on this visit, features W-1 and SW-1 have been removed from this map.
_ {(me,µ., r 100 0 50 100 200 400
\ 5
IJG 15
G22 {L� G6 \\ ( IN FEET )
1 inch = 100 ft.
REACH D-1
vd8 \ \� \ NOTE#9 �a
�b
COWARDIN CLASSIFICATION
AREA
LINEARFEETOF
STREAMBED
(SQUARE FEET)
(ACRE)
R3
544
0.01
123
PFO
1,812
0.04
N/A
R4
7,911
0.18
1,079
R6
265
0.01
45
TOTAL
10,532
1 0.24
1,247
a
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Horizontal Datum: VCS NAD 83
Vertical Datum: NAVD 88
Boundary and Topo Source:
Albemarle County Digital Data
Design EDrKr
Approved
EJC JMF BNR
Sheet #
I Of I
Computer File Name:
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EXHIBIT C-2
Commonwealth of Virginia
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY
VALLEY REGIONAL OFFICE
P.O. Box 3000, Harrisonburg, Virginia 22801
(540) 574-7800 FAX (804) 698-4178
Located at 4411 Early Road, Harrisonburg, Virginia
www.deg.virgir ia.gov
Travis A. Voyles Michael S. Rolband, PE, PWD, PWS Emeritus
Acting Secretary of Natural and Historic Resources Director
(804) 6984020
Tiffany R. Severs
Regional Director
June 27, 2022
Habitat for Humanity of Greater Charlottesville
Attn: William Thiessen
967 2nd Street SE
Charlottesville, VA 22902
Re: Virginia State Surface Waters Determination
Southwood Trailer Park Sections 2A and 213, Albemarle County, Virginia
Dear Mr. Thiessen:
Pursuant to the Virginia Water Protection (VWP) Permit Program Regulations 9VAC25-
210-45 and 9VAC25-210-10 of the Virginia Administrative Code, the Virginia Department of
Environmental Quality has enclosed the above referenced Preliminary Virginia State Surface
Waters Determination for Southwood Trailer Park Sections 2A and 213 on a 40-acre parcel.
The map entitled "Attachment 1: Waters of the U.S. (including Wetlands) Delineation
Map", dated 3/11/2022,revised 5/17/2022,and received on 5/23/2022 (copy enclosed) provides
a final determination of the locations of state surface waters and/or wetlands on the above listed
property. The basis for this delineation includes application of the State Water Control Law,
VWP Regulation, the Corps' 1987 Wetland Delineation Manual and Regional Supplement to the
Corps of Engineers Wetland Delineation Manual: April 2012 Eastern Mountains and Piedmont
Regional Supplement, the positive indicators of wetland hydrology, hydric soils, hydrophytic
vegetation, and/or the presence of an ordinary high water mark.
Activities that discharge fill to, dredge, drain or otherwise cause significant alteration or
degradation of state surface waters, including wetlands, on this site may require a VWP Permit.
X The characterization (PFO, PEM, PSS, stream channel and/or ephemeral stream channel) of
state surface waters is included in this approval.
❑ The characterization (PFO, PEM, PSS, stream channel and/or ephemeral stream channel) of
state surface waters was NOT reviewed or approved in this process.
State Surface Waters Determination
Page 2 of 2
This preliminary state surface waters determination is valid for 5 years from the date of
issuance.
Please contact Eric Millard by email at eric.millard&deq.vir ig nia.g_ov, by phone at 540-
217-7483, or at the above address if you have any questions.
Respectfully,
°`�
Eric Millard
Enforcement Specialist Senior
Enclosures: Delineation Map
cc: Jennifer Favela, Wetland Studies and Solutions, Inc.
Vinny Pero, U.S. Army Corps of Engineers
B. Keith Fowler, DEQ-VRO