HomeMy WebLinkAboutZMA202100013 Correspondence 2022-07-06 (3)Response to Comments dated May 13, 2022
Southwood
ZMA 2021-013
To: Rebecca Ragsdale
Date: July 5, 2022
Enclosed are the follow resubmittal materials in connection with this application:
1. Updated Application Narrative
2. Updated Application Plan by Timmons Group
3. Updated Proffer Statement
4. Updated Code of Development
5. U.S. Army Corps of Engineers and Department of Environmental Quality Determination Letters
6. Illustrative Concept School Layout
Planning Commission Staff Report Unfavorable Factors:
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 in the revised Application Narrative. 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).
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, and will continue to work, 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. The parties' working concept layout and elevations are enclosed for reference.
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: 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.
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 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: The Code of Development has been updated to provide a minimum of 10,000 square feet
of non-residential within Phase 2.
Reviewer Comments
Planning Staff:
Primary Areas of Concern:
Schools- While an estimated number of students was provided in the revised code of development, it
does not factor in Southwood residents who will remain. Please see schools yield analysis below, which
suggests a higher multiplier should be used for existing residents. Planning Commission members also
expressed the need for additional information on what the net increase in students would be to schools.
Response: 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, Phase 2 would be expected to add 114 students to the southern feeder pattern over the 15-
20 year build -out of Phase 2. Phase 1 and Phase 2 together are expected to bring a net increase of
168 students, 91 of whom will be elementary students.
Phase Unit Type
To Number
UUnits
Net Increase In
of Numberof
flags.
Elementary (K-5)
Total
Yield Rate' Numberof
Students
Middle(6-8)High(9-12)
Total
Yield Rate' Numberof
Students
Total
Yield Rate' Numberof
Students
Total
Numberof
Students
(K-12)
Slagle Family Detached
48
37
0.14
5
0.06
2
0 09
3
11
Single Family AKacheNTownhouut
IN
99
006
6
0.02
2
001
1
9
PHASE
Duplex
12
9
0.06
1
0.02
0
001
0
1
Multifamily/ApaNnere
145
111
0.1d
15
0.08
9
008
9
33
Phase 1 Total
335
265
27
13
13
54
Single Family Detached
140
107
0.14
15
0.06
6
009
10
31
PHASE2 Single Family AUeched/Townhouse
710
541
0.06
32
0.02
11
001
5
49
MultifamilylApartmerf
150
114
0.14
16
008
9
008
9
34
Phase 2Total
1000
763
63
26
24
114
Phase l+Phase 2 Total 1335 1013 91 40 37 168 Net Increase in Students
Current Southwood StudenW 317 154 92 116 362
245 L 132 153 530
des are calculated by dividing the current number of students living in the district by the total number of housing arils by type in the dishU Calculations were done with 201920 enrollment
de for apartment units provided by PHA (0 3 student per PHA LIHTC (Low Income Housing Tax Credit)
as currant Southwood families will occupy different unit types proportionately
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. 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.
2. Transportation- This was addressed in the staff report. Further follow-up with transportation staff is
needed based on information provided at the April 26, 2022 meeting.
Response: See response to staff report above and enclosed staff response letter from
Timmons Group.
3. Impacts to Biscuit Run Park -This was addressed in the staff report. Opportunities remain to
address park impacts.
4. Response: See response to staff report above.
5. Establish minimum non-residential to provide Neighborhood Center -The rezoning does not
provide a commitment to construct a minimum square footage for non-residential uses and therefore
does not provide assurance for a Center as recommended by the Master Plan.
Response: See response to staff report above.
6. Monacan Indian Nation Evaluation for Phase 2-This is a new comment and was included in the staff
report for the April 26, 2022 meeting. It is recommended that Applicant consider providing
commitments to this evaluation in the Code of Development.
Response: A Phase 1 Cultural Resource Survey was conducted on September 24, 2007 as part
of the Biscuit Run tract. This study included archeological sites within a mile of Biscuit Run
Park and none of those identified were within Phase 2 of Southwood. Further research will be
conducted as required to obtain federal construction funding.
7. Existing environmental hazards/streams- See comments below; further discussion is needed.
Response: See response below.
Code of Development comments:
Page 8-Impacts to Environmental Features -This section does not indicate if Southwood has adversely
impacted streams based on failing drainfields, nor does it indicate any commitments to stream restoration.
As previously discussed, coordination between Southwood, Habitat, CDD, FES, and ACPR should take
place during this ZMA process to help facilitate successful stream restoration location, design, timeline, and
other project details. See Engineering comments below regarding strategies for stormwater management.
Response: Habitat's consultant, Wetlands Solutions, is helping Habitat to ensure that all
redevelopment work is done in compliance with DEQ guidelines. Habitat is coordinating with Greg
Harper, Chief of Environmental Services, with regard to FES' stream restoration project and potential
need for easements within Southwood Phase 2. Although Greg has indicated that FES' focus is
restoration within the Biscuit Run Park boundaries, there is a desire by the County to retain an
opportunity to provide restoration within Southwood Phase 2. Habitat is willing to grant a 50' buffer
on either side of the intermittent stream in Block 13 if desired by FES to address upstream impacts
to Biscuit Run. The proffers have been revised to include access and drainage easement within this
area in coordination with the County.
Page 17-Table 5 still needs further correction. If the minimum number of units are built in other blocks, the
remaining number of units that could be built in the Urban Density Blocks is 900.
Response: This table has been updated accordingly.
TABLE 5, DENSITY REGULATIONS BY LAND USE CLASSIFICATION SUMMARY
NON-
RESIDEN'IALUSES
RESIDENTIAL
DENSITY
USES
(AND USE
BLACKS
RANGE (UNITS/
AREA (AC)
MINIMUM
MAXIMUM
MAXIMUM
DESIGNATION
ACRE(
POSSIBLE
POSSIBLE
NON -
DWELLING
DWELL]: 4'
RESIDENTIAL
UNITS
UNLT'i
1URAING ISE)
BLOCKS 13 -15
0
2C.40
0
0
-
NEIGHBORHOOD
BLOCKS 16- 2C
4-18
14.15
57
255
5000
DENSITY
URBAN DENSITY
RESIDENTIAL
BLOCKS 21- 24
8-22
1790
143
394
5000
VUAGE
BLOCKS 25 - 34
9-34
40.93
i2i
. i_ _
The Neighborhood Center Special Area is an overlay in the Urban Density Mixed Use land
use classification, therefore, R will have the same density regulations as that ctassirrcation.
10.71
rOTALt
(GROSS
93.33
S27
60AD0
DENq•VI
Page 22-Table 8- The totals in the table do not match up with the total of 27.72 acres of
greenspace/amenities. If this figure is correct, please include the acreage breakdown.
Response: This table has been updated to clarify the greenspace and amenity acreages and total.
Phase 1 Code of Development traffic- The code of development approved with ZMA 2018-03 included a
trip generation limit that applied to both Phase 1 and Phase 2. but was not carried over to the Phase 2
rezoning, which now projects a greater trip generation. It appears that this could be addressed for Phase 1
with a special exception.
Response: The Code of Development has been updated to state that with the approval of ZMA 2021-
013, the prior COD from ZMA 2018-003 trip generation is no longer valid and the TIA dated 2/18/2022
supersedes those traffic generation numbers stated in ZMA 2018-003.
Approved ZMA 2018-03:
7iafh'c Impact
The actual non-residential square footage and number of dwelling units will not exceed an additional
daily vehicle trip count of 5,000 for the entire Southwood development, TMPs 90A14E, 90-1A. 76-51A
90A1-1D, 90A-4, and 90A-1C- Each subdivision plat or site plan within the Property shall designate the
daily vehicle trip count provided and must be approved by VDOT.
Proposed ZMA 2022-13 10-18-21 Code of Development:
traffic Impact
The actual non-residential square footage and number of dwelling units will not exceed an additional daily
vehicle trip count of 6,943 for the entire Southwood development. TMPs 90A1-1E. 90-1A 76-51A. 90A1-11).
90A-4. and 90A-1C. Each subdivision plat or site plan within the Property shall designate the daily vehicle trip
count provided and must be approved by VDOT
Application Plan comments:
Sheet C1.0-Add all relevant existing conditions information:
• Location of drainfields/environmental issues mentioned in existing conditions of code of
development but not addressed on the application plan.
Response: The existing drainfields/environmental issues have not been mapped to date.
During Phase 1, these issues were found during construction and we anticipate similar
findings in Phase 2 and will continue to work with DEQ to plan mitigation measures.
• Show existing/approved sections of Hickory Street from Old Lynchburg Road and the existing Oak Hill
Drive section. -Not Addressed for the section of Hickory Street from Southwood to Oak Hill Drive.
Response: The section of Hickory Street from Southwood to Oak Hill is not within the proposed
rezoning tax map and parcels, and therefore is not included within the Code of Development or
Application Plan. As part of the proffered engineered plans for Hickory Street, this section and
design will be determined in coordination with the County.
• The Hickory Street section should be established on the Application Plan and not left to three different
options. Hickory Street impacts beyond the project boundary to Oak Hill Drive will need to be
addressed and improvements to mitigate impacts in the rezoning documents. Hickory Street is
recommended by staff to include bike lanes.
Response: Depending on the requirements of VDOT, Engineering, and Fire/Rescue at site
planning stage, Hickory Street may have different designs. Parking will be provided where
possible in accordance with VDOT, Engineering, and Fire/Rescue regulations; however it is
possible that due to site distance and other requirements, parking may not be able to be
located on the street or to only one side. Therefore, multiple options have been shown within
the Code of Development to allow for flexibility of design at the site plan stage. The street will
have the required planting strip, sidewalk, and has been revised to show that a 10' multi -use
path will be provided on one side of the street.
Sheet C6.0-See engineering comments. update the sheet to make sure both managed and preserved steep
slopes are accurately shown. See Parks and Rec comments regarding stream restoration.
Response: Sheet 6 in the set (labeled 5.0) the managed and preserved slopes represented are from
County GIS. The legend has been updated to reflect this.
Habitat is working Greg Harper of FES regarding stream restoration and will proffer an easement to
allow for stream restoration within Southwood Phase 2.
Proffers:
Staff has concerns with many of the proffers as they should not obligate the County to maintain applicant -
built improvement(s). Detailed comments were included in the April 26, 2022 staff report and PC Action
memo.
Response: Staff has expressed concern about County maintenance of the connections between
the Southwood trail system and the Biscuit Run trails. In discussions with Tim Padalino of Parks &
Recreation, he has supported the public trail connections and asked for the proffer to be reinstated
after removed during a preliminary draft. These easements will work in conjunction with public
access over the Southwood trail network (with maintenance remaining with Southwood) and public
access easements over Southwood common area to connect the public sidewalk network in
Southwood with the Southwood trail. The proffer for a multi -purpose/ trailhead parking lot has
been eliminated as a concept of limited benefit to the County.
A few reminders:
Proposed proffers must be signed by all the owners of all parcels and submitted to CDD before
the Board's public hearing. Noted
Correct citation for proffers (in the second paragraph) is County Code & 18-33.7. Corrected
Engineering:
The previously accepted justification for allowing SWM facilities within the outer 50-ft of a stream buffer was to
allow reasonable use of the lot [17-604(A)(i)]. It has since been determined that reasonable use of the lot for
this project can be achieved without locating SWM facilities within the buffer.
County Code Section 17-604(A)(i) is an allowance only for "structures, improvements or activities .
.. for necessary infrastructure to allow reasonable use of the lot." Locating a stormwater management
facility in the stream buffer is not necessary for reasonable use of the lot; therefore, the proposed structure
does not qualify for this allowance.
This determination is consistent with 9VAC25-830-140(4)(a)(1):
"4. Permitted encroachments into the buffer area.
a. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel
recorded prior to October 1, 1989, encroachments into the buffer area may be allowed through an
administrative process in accordance with the following criteria:
(1) Encroachments into the buffer area shall be the minimum necessary to achieve a reasonable buildable
area for a principal structure and necessary utilities."
If you wish to locate structures, improvements, or activities within a buffer, please document why the
proposed location is necessary for reasonable use of the lot.
Sheet C2.0 —All SWM facilities must be shown outside of the stream buffers (e.g. Blocks 16, 19, and 34)
;notes accordingly.
Table 4, page 16, Code of Development — Please delete stormwater management facilities as a permitted
use within the "Green Space and Buffer" area, including the outer 50-ft of the buffer. I apologize that this
is different than what I stated previously.
Response: The conceptual SWM facilities have been revised to be shown outside of the stream buffer
and notes and tables have been revised accordingly within the Code of Development. Please note that
based on its wetlands consultant's determination that the stream in Block 13 is intermittent, which
has been confirmed by the Army Corps of Engineers and DEQ, the stream buffer in Block 13 has been
removed. Determination letters from ACOE and DEQ are enclosed with this resubmission. The
consultant is also studying the stream in Blocks 15, 19, and 20, and a note has been added to the
Application Plan that indicates if the stream is found to not be perennial, the buffer in these blocks
will not apply but will still be included within the greenspace/amenity area.
RWSA
1. RWSA will require a sewer flow acceptance prior to final site plan approval for each
phase/block.
The request will need to be sent to us by ACSA and will include the following:
• Estimated average daily dry weather sewage flow (ADDWF)
• Point of connection into RWSA system (which manhole)
• Number of units/square footage
• Estimated in-service date
2. Can you send us a timeline for the project.
3. Our understanding is that the future connection tapping off the RWSA 20" WL will eventually have a
looped connection by the end of this project.
Response: The Applicant will address all RWSA issues during site planning.
To: Kevin McDermott, PE (Albemarle) and
Doug McAvoy, Jr., PE (VDOT)
From: Steve Schmidt, PE, PTOE (Timmons Group)
RE: Southwood Phase 2 TIA Response to County/VDOT Comments
Date: May 27, 2022
Timmons Group submitted a revised Traffic Impact Analysis (TIA) on February 21, 2022 for the
Southwood Phase 2 project located in Albemarle County, Virginia. The project is County case
number ZMA2021-00013.
The Virginia Department of Transportation (VDOT) issued comments on the revised TIA on March
28, 2022.
Timmons Group (TG) has reviewed VDOT's comments and prepared the responses below. As a
result of the comments/responses, no updates to the TIA are required.
Our responses to VDOT comments are as follows:
VDOT Comments
1. Comments from District Traffic Engineering:
a. The agency is still on SIDRA version 8 and as such cannot analyze submitted
SIDRA 9 files. Please include printouts of the options and Roundabout data
tabs.
TG Response: The printouts of the options and roundabout data tabs are attached
to this response to comments.
b. Besides being conservative, is there another reason internal capture was
not factored?
TG Response: Internal capture was not factored/considered for several
reasons. As VDOT notes, one reason was to provide a conservative, or worst -
case analysis. Additionally, at the time of the analysis, there were no identified
users or types of office/retail available and any internal capture between the
residential units and office/retail uses would be speculative.
c. Pages 39, 40 and 75: As the 10th Edition of the ITE Trip Generation manual
was referenced on the scoping document, is there a reason why the 11th
Edition was used instead for this submission (page 40)? In addition, the
previous submission was also based on the 10th Edition. To facilitate a better
estimation of the "net increase" in development, the 10the Edition of the ITE
Trip Generation manual should be used to estimate the trips from Phase 2.
TG Response: The 11th edition of Trip Generation was used in the revised
analysis as it contained significant updates to the 10th edition based off of
additional studies. The 1th edition is more statistically relevant and provides a
more accurate estimate of the trip generation.
For example, in the 10th edition, the mobile home park (Land Use Code 240)
rates/equations were based off of only 1 study. The 11th edition updated the
mobile home park rates/equations to include data from 13 studies. Other land
use codes had similar updates.
Therefore, the trip generation contained in the revised analysis (using the 11th)
edition is more accurate and provides a better estimate of site traffic.
d. Pages 39 and 40: Pease clarify the Mobile Home Park status and also
explain why the "Existing Residential Development — To be Removed" were
not estimated as occupied dwelling units?
TG Response: The existing mobile home park is still in use and residents
occupy the units.
The "Existing Residential Development — To be Removed" trips were
calculated based on the number of dwelling units as that represents the entire
traffic potential of the existing use. This approach is consistent with VDOT
guidelines on estimating traffic for redevelopment sites.
Further, ITE Trip Generation for this land use code (240) only contains data for
"dwelling units" and not "occupied dwelling units."
e. Pages 42: Please include missing distributions at Hickory Street intersection.
TG Response: Page 42 (Figure 5-1) shows the residential trip distribution for the
site. Per the discussion on page 41, it was assumed that 80% of residential
site traffic will use the Old Lynchburg Road/Hickory Street intersection to
access the site.
The remaining 20% of residential traffic will access the site via Hickory Street
(north) to Oak Hill Road to Stagecoach Road. This traffic appears on Figure 5-
1 at the 5th Street Extended/Stagecoach Road intersection.
Per County comments on the initial TIA submission, no analysis was required
along Hickory Street.
f. Page 52, Figure 7-1: "2036 Existing" could be better revised as "2036 No
Build."
TG Response: Figure 7-1 (page 52) is titled "2036 Existing + Growth Peak
Hour Volumes". As discussed in Section 7.1 (page 49 of the pdf), this figure
contains the summation of the existing traffic volumes plus 1 % annual growth
over the 15-year period from 2021 to 2036.
g. Pages 113 and 125: Please code the Synchro models per the signal timing data.
TG Response: Page 113 shows the basic signal timing data for the 5th Street
Extended/1-64 Eastbound ramp intersection. TG acknowledges that in the PM
Synchro model, the vehicle extension for Phases 216 should be coded as 3.5
seconds and not the 3.0 seconds in the model.
Page 125 shows the basic signal timing data for the 5th Street Extended/1-64
Westbound ramp intersection. TG acknowledges that in both the AM and PM
models, the minimum green time for Phase 4 should be 8.0 seconds and not
the 10.0 seconds in the model and that for Phase 2, the minimum green time
should be 10.0 seconds and not the 8.0 seconds in the model. It is noted that
these minimum green times do not materially impact the analysis as the signal
is running time of day plans during both peak hours where each phase is
receiving more than the minimum green time.
Both of these intersections are over capacity and have been identified by VDOT
for future study/improvement. The changes in the base signal timings noted
above will not materially impact the results of the analysis or the conclusions
of the traffic study.
2. Note that the final plan must show conformance with the VDOT Road Design Manual
Appendices B(1) and F, as well as any other applicable standards, regulations or other
requirements.
TG Response: Noted.