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Home My WebLink AboutZMA202200013 Review Comments Zoning Map Amendment 2023-03-14County of Albemarle o � � i, Community Development Department Memorandum To: Kelsey Schlein, kelsey@shimp-en8ineerin8.com Date: March 14, 2023 Re: ZMA202200013 Power Plant Residences - Review Comment Letter Ms. Schlein: Cameron Langille Principal Planner, Planning bla ngi I le@al bemarl e.orx tel: 434-296-5832 ext. 3432 Staff has reviewed your application materials for the zoning map amendment, ZMA202200013 Power Plant Residences. We have a few comments which we believe should be addressed before we can recommend favorably on your ZMA request. We would be glad to meet with you to discuss these issues. Our comments are provided below: General Application Comments: 1. The narrative provided in the application states that approximately 85% (0.5865 acres) of the parcel is encumbered by the Preserved Steep Slopes Overlay District. Please explain how the applicant came to this acreage figure for the Preserved Steep Slopes. Was this measured in GIS, or did the applicant conduct a topographic field survey? Staff need to know the exact acreage of Preserved Steep Slopes that the applicant is seeking to rezone to Managed Steep Slopes. 2. Does the applicant know the year that the steam plant building was constructed? If so, please state this information on the plan. 3. Please provide additional information on what the "ruins" feature is that is identified on the site survey (sheet 6). 4. Does the applicant know when the concrete tracks were installed on the parcel? If so, please state this information on the plan. 5. Sheets 3, 4, 7, 8, 9, and 11 references ZMA2016-16 as justification for why the Preserved Steep Slopes on the subject property should be rezoned to Managed Steep Slopes. On Sheet 2, the applicant states that all of the slopes within the Woolen Mills parcel were rezoned to Managed Slopes. Sheet 9 of the application shows the analysis by the ZMA2016-16 applicant that uses different symbology to identify the slopes that were being rezoned to Managed Slopes, and it is clear that the slopes currently shown as Managed in GIS align with the areas hatched as "Impacted Critical Slopes" in the 2016 ZMA application materials. The areas that were changed to Managed Steep Slopes are not contiguous with the Steep Slopes that remain as Preserved Steep Slopes on the Woolen Mills parcel. a. Staff advises that the applicant should revise Sheets 5, 6, 7, and 13 to match the County GIS Steep Slopes Overlay layer. The Power Plant ZMA identifies slopes on the Woolen Mills Parcel that are Preserved Slopes as Managed Slopes. 6. Community meeting: per email correspondence with the applicant, the community meeting required by Section 33.4 (K) of the Zoning Ordinance will be held at the May 18' meeting of the 5' & Avon Community Advisory Committee (CAC). The application cannot move forward to a public hearing until the community meeting has taken place. 7. The applicable section of the Zoning Ordinance for the application is Sec. 30.7 Steep Slopes Overlay. The application seeks to reclassify the Preserved (Steep) Slopes on the property as Managed Slopes. Staff analysis of the characteristics of Managed and Preserved Steep Slopes as they apply to this site are provided below. Section 30.7.3.A Managed Slopes The characteristics of managed slopes are the following: WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 i. the contiguous area of steep slopes is limited or fragmented; The slopes on site are contiguous and are not fragmented. ii. the slopes are not associated with or abutting a water feature, including, but not limited to, a river, stream, reservoir or pond; Slopes do not abut a water feature. iii. the slopes are not natural but, instead, are manufactured, Existing features on site (power plant building, walls, concrete tracks) are located in areas designated as Preserved Steep Slopes. However, the buildings on site appear to have been built into slopes that existed on site at the time of construction. Per attached Engineering Division comments, the slopes were not manufactured, filled in, or created. iv. the slopes were significantly disturbed prior to June 1, 2012; The slopes were disturbed prior to June 1, 2012. V. the slopes are located within previously approved single-family residential lots; The slopes are not located within previously approved single-family residential lots. vi. or the slopes are shown to be disturbed, or allowed to be disturbed, by a prior county action. No prior County action has shown or allowed disturbances to the slopes on -site. A prior ZMA application (ZMA201600016) did re -designate some areas of Preserved Steep Slopes to Managed Steep Slopes on the Woolen Mills property, which is located nearby to the south. Section 30.7.3.13 Preserved Slopes The characteristics of preserved slopes are the following: i. the slopes are a contiguous area of 10,000 square feet or more or a close grouping of slopes, any or all of which may be less than 10,000 square feet but whose aggregate area is 10,000 square feet or more; The slopes are a contiguous area larger than 10,000 sq.ft. ii. the slopes are part of a system of slopes associated with or abutting a water feature including, but not limited to, a river, stream, reservoir or pond; Although the slopes are near the Rivanna River, the Preserved Slopes on the parcel lie outside of the WPO stream buffer and 100-year floodplain. Therefore, staff believes they are not associated with the abutting water feature (river). iii. the slopes are part of a hillside system; As stated on the Applicants' Page 3 in environmental features, this is part of a slope system. This feature of preserved slopes applies. iv. the slopes are identified as a resource designated for preservation in the comprehensive plan; The Southern & Western Neighborhoods Master Plan identifies the slopes as the "Parks & Green Systems" future land use classification. Per the definition of this future land use category, these slopes are to be preserved as an environmental resource. V. the slopes are identified as a resource in the comprehensive plan; The Southern & Western Neighborhoods Master Plan identifies the slopes as the "Parks & Green Systems" future land use classification. Per the definition of this future land use category, these slopes are to be preserved as an environmental resource. vi. the slopes are of significant value to the entrance corridor overlay district; The slopes are not of significant value to the entrance corridor overlay district. vii. the slopes have been preserved by a prior county action, including, but not limited to, the placement of an easement on the slopes or the acceptance of a proffer or the imposition of a condition, restricting land disturbing activity on the slopes. This does not apply. Conclusion: at this time, staff believes the slopes meet the characteristics of Preserved Steep Slopes as opposed to Managed Steep Slopes. Planning Planning staff's comments are organized as follows: • How the proposal relates to the Comprehensive Plan • Additional comments from reviewers (See attached) WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 Comprehensive Plan Comments on how your project conforms to the Comprehensive Plan will be provided to the Planning Commission and Board of Supervisors as part of the staff report that will be prepared for the work session or public hearing. The comments below are in preparation for the Planning Commission review and may change based on direction from the Commission and/or with subsequent submittals. 78-20J1 Legend PAKn lwo eeab Zonlry Mlo 2mgryylp alwtixe q'Ma HMI • MflnW nal W M¢diNal MgeuN,nal P¢O Pe¢WXW • FIS Pytiv,AL AamN UM 4rebpm¢nl • iMM11v�MelOmlgama • lblpa[pnwf Np�" Oi¢uk1 • wmwm H.wrDla.le 7821H c� wmmemlal 1820 I j 8.11R 70-210 78-21D • epl..aycammna+al • eM..e D...nP�,mism,gopc". ]]-40E 1/ 2906 • aWnaE c¢reMpranuvN Cwnm. • Dwnm nc,aae daw 71822 � I�Iry • WaylMuvlry • w- -. MreMmnnlbieva sv • iam MssomrW 190) 78-21E 2000 � ]831P \9 m 78-11 B1 1930 78-21F 202 2002 1911 1923 78-21N 70-21M 2008 2010 8-21L b 1915+ \ 2016 B-21J\ 3.020 02 1839 L j78-218 183] v 188 n 1935 mmnoo.,sse ..« ]]-40A )8 30 ] 2A2 syaars�gvrrW wnwsau,rewn,remmnul.wrem,Imma evvue Meemmv,e"gxilm.ue. W tnpal.i. wcsuw.n�ennu ✓.,.urvinm�lsrsn�+s,l The subject parcel is known as Tax Map Parcel (TMP) 07800-00-00-021131. It is zoned R4 Residential, and a large portion of the property is within the Preserved Steep Slopes Overlay Zoning District. The property is located in the Neighborhood 4 Comprehensive Plan Area and is subject to the recommendations of the Southern & Western Neighborhoods Master Plan. The Southern Urban Neighborhoods Future Land Use Plan contained in the Southern & Western Neighborhoods Master Plan calls for two future land use classifications on the subject property. The categories and their general descriptions are listed below, but these can also be found on pages S+W 33 and S+W 34 of the Southern & Western Neighborhoods Master Plan. 1. Parks and Green Systems - parks, playgrounds, play fields, greenways, trails, paths, recreational facilities and equipment, plazas, outdoor sitting areas, natural areas, preservation of stream buffers, floodplains and steep slopes adjacent to rivers and streams. 2. Neighborhood Density Residential - single-family attached, single-family detached, and townhouses at densities between 3-6 units per acre. In addition to consistency with the Comprehensive Plan, please also be advised that all zoning map amendment applications are evaluated relative to the "factors to be considered" specified in County Code §18-33.6. This evaluation will WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 be written in the staff report to the Planning Commission and Board of Supervisors once the application moved forward to public hearings. Department of Community Development - Zoning Division Review not yet complete. Comments from Lea Brumfield, Brumfield@albemarle.org, will be forwarded to the applicant upon completion of review. Department of Community Development - Planning Division - Architectural Review Board (ARB) See attached comments from Margaret Maliszewski, mmaliszewski@albemarle.org. Department of Community Development - Engineering Division See attached comments from Emily Cox, ecox2@albemarle.org. Department of Fire & Rescue No objection, see attached comments from Howard Lagomarsino, hlagomarsino@albemarle.org. VDOT No objection, see attached comments from John Wilson, John.c.wilson@vdot.virginia.gov. ACSA No objection, see attached comments from Richard Nelson, rnelson@serviceauthority.org. RWSA No objection, see attached comments from Dyon Vega, dvega@rivanna.org. Action after Receipt of Comments Upon receipt of this letter, please inform the lead planner whether the applicant seeks to schedule a public hearing, or if a resubmittal will be made. Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. There is a $1,538.16 fee for each subsequent resubmittal. Feel free to contact me if you wish to meet or need additional information. My email address is blangille@albemarle.org. Sincerely, Cameron Langille Principal Planner Planning Division, Department of Community Development WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 Review Comments for ZMA202200013 Project Name: POWER PLANT RESIDENCES Date Completed: Friday, February l 2023 Department/DivisiordAgency: Review Status: Reviewer Margaret Maliszewski CDD ARB No Objection Page: ' County of Albemarle Printed On: 03/0612023 �$ County of Albemarle m COMMUNITY DEVELOPMENT DEPARTMENT Memorandum To: Cameron Langille From: Emily Cox Date: 2/15/2023 Subject: Power Plant Residences (ZMA202300013) 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434-296-5832 WWW.ALBEMARLE.ORG The Power Plant Residences ZMA has been reviewed by Engineering. We offer the following comments and questions: 1. Has a soils analysis or geotechnical study been done for this property? It appeared there was some bedrock on the property. This can complicate construction. Also, engineering would like to know the erodibility of the soils. 2. What erosion & sediment control features do you plan to use to prevent sediment from leaving the steep site during construction? 3. Regarding the characteristics of preserved slopes in 18-30.7.3, we believe the following: (i)the slopes are a contiguous area of 10,000 square feet or more or a close grouping of slopes, any or all of which may be less than 10,000 square feet but whose aggregate area is 10,000 square feet or more; Comment: The slopes are part of a contiguous area of 10,000 square feet or more. (ii) the slopes are part of a system of slopes associated with or abutting a water feature including, but not limited to, a river, stream, reservoir or pond; Comment: N/A. The preserved slopes on this parcel are not abutting a water feature. (iii) the slopes are part of a hillside system; Comment: As stated on the Applicants' Page 3 in environmental features, this is part of a slope system. This feature of preserved slopes applies. (iv) the slopes are identified as a resource designated for preservation in the comprehensive plan; Comment: The Southern & Western neighborhoods Master Plan identifies the slopes as a resource to be preserved, as indicated by the Parks & Green Systems future land use classification. (v) the slopes are identified as a resource in the comprehensive plan; Comment: The Southern & Western neighborhoods Master Plan identifies the slopes as a resource to be preserved, as indicated by the Parks & Green Systems future land use classification. (vi) the slopes are of significant value to the entrance corridor overlay district; Comment: N/A. or (vii) the slopes have been preserved by a prior county action, including, but not limited to, the placement of an easement on the slopes or the acceptance of a proffer or the imposition of a condition, restricting land disturbing activity on the slopes. Comment: N/A. 4. Regarding the characteristics of managed slopes and if these preserved slopes should be Engineering Review Comments Page 2 of 2 characterized as managed per 18-30.7.3: (i)the contiguous area of steep slopes is limited or fragmented; Comment: This does not apply. There is a hillside system along Market Street which includes this property. (ii) the slopes are not associated with or abutting a water feature, including, but not limited to, a river, stream, reservoir or pond; Comment: N/A. (iii) the slopes are not natural but, instead, are manufactured; Comment: This does not apply. Upon site visit, it was evident that the slopes were existing. Things were built into the slopes, but the slopes were not manufactured, filled in or created. (iv) the slopes were significantly disturbed prior to June 1, 2012; Comment: This feature does apply. Slopes were disturbed for the power plant construction. (v) the slopes are located within previously approved single-family residential lots; Comment: N/A. or (vi) the slopes are shown to be disturbed, or allowed to be disturbed, by a prior county action. Comment: While this property did not, a nearby property had preserved slopes re -zoned as managed slopes in ZMA21600016. Review Comments for ZMA202200013 Project Name: POWER PLANT RESIDENCES Date Completed: Sunday, February 05, 2023 Depanment/DivisiordAgency: Review Status: Reviewer: Howard Lagomarsino J Fire Rescue f No Objection Page: 1 County of Albemarle Printed On: 03/0612023 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION Stephen C. Brich, P.E. 1401 East Broad Street Commissioner Richmond, Virginia 23219 February 3, 2023 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Cameron Langille Re: ZMA-2022-00013 Power Plant Residences Review# 1 Dear Mr. Langille: (804) 7862701 Fax: (804) 7862940 The Department of Transportation, Charlottesville Residency Transportation and Land Use Section has reviewed the above referenced plan as prepared by Shimp Engineering dated November 9, 2022 and finds them generally acceptable: Note that the final plan must show conformance with the VDOT Road Design Manual Appendices 13(1) and F, as well as any other applicable standards, regulations or other requirements. If further information is desired, please contact John Wilson at 434-422-9782. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434) 422-9399 for information pertaining to this process. Sincerely, John C. Wilson, P.E. Assistant Resident Engineer Land Use VDOT - Charlottesville Residency VirginiaDOT.org WE KEEP VIRGINIA MOVING Review Comments for ZMA202200013 Project Name: POWER PLANT RESIDENCES Date Completed: Thursday, February 16, 2023 DepartmenUDivisionlAgency: Review Status: Reviewer: Richard Nelson ACSA No Objection Pager County of Albemarle Printed On: 03/06/2023 Review Comments for ZMA202200013 Project Name: POWER PLANT RESIDENCES Date Completed: Thursday, January26, 2023 Department/DivisiordAgency: Review Status: Reviewer: Dyon Vega - RWSA No Objection RWSA staff has reviewed application ZMA202200013 Power Plant Residences. Please see below for the completed copy of the form that was provided to RWSA by Elaine Echols for SP & ZMAApplications: To be filled out by RWSA for ZMA's and SP's 1. Capacity issues for sewer that may affect this proposal None Known 2. Requires Rivanna Water and Sewer Authority Capacity Certification Yes X-No 3. Water flow or pressure issues that may affect this proposal None Known 4. "Red Flags" regarding service provision (Use attachments if necessary) None Known Thanks, Dyon Vega Civil Engineer Rivanna Water & Sewer Authority (434) 977-2970, Ext. 170 695 Moores Creek Lane Charlottesville, VA22902 www.rivanna.org Page: 1 County of Albemarle Printed On: 03/06/2023 Resubmittal of information for �$��°F"`8 Zoning Map Amendment t ��RG/NyP PROJECT NUMBER THAT HAS BEEN ASSIGNED: Owner/Applicant Must Read and Sign I hereby certify that the information provided with this resubmittal is what has been requested from staff Signature of Owner, Contract Purchaser Print Name FEES that may apply: Date Daytime phone number of Signatory Resubmittal fees for original Zoning Map Amendment fee of $2,958 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,479 ❑ 4% Technology surcharge $59.16 TOTAL ZONING MAP AMENDMENT RESUBMISSION FEE $1 538.16 Resubmittal fees for original Zoning Map Amendment fee of $4,141 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $2,070 ❑ 4% Technology surcharge $82.80 TOTAL ZONING MAP AMENDMENT RESUBMISSION FEE $2,152.80 To be Daid after staff review for Dublic notice: Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. ➢ Preparing and mailing or delivering up to fifty (50) notices $237 + actual cost of first-class postage ➢ Preparing and mailing or delivering each notice after fifty (50) $1.19 for each additional notice + actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250 FOR OFFICE USE ONLY Fee Amowt $ Date Paid By who9 Receipt Ck# By: Community Development Department 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 7/1/2021 Page 1 of 1