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Home My WebLink AboutZMA200800003 Review Comments Zoning Map Amendment 2008-08-01�'JRGINLP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4012 July 30, 2008 Ms. Valerie Long Williams Mullen 321 E. Main Street, Suite 400 Charlottesville, VA 22902 RE: ZMA -08 -003 Albemarle Place - Zoning Map Amendment Dear Ms. Long: Thank you for your recent submittal received on June 18th for the above noted project for Tax Map and Parcels 061WO- 03- 00- 019AO; 061WO- 03- 00- 019BO; 061WO- 03 -00- 02300; and 061 WO- 03 -00- 02400. Engineering comments will be forwarded as soon as we receive them and I will follow up with you next week regarding possible uses you might wish to consider adding to the code of development. The following comments are provided to help you meet requirements for NMD (Neighborhood Model) District and address staff concerns: Proffers: • A graphic representation of the phasing plan is needed, along with a clear description of the request you are making. It is very difficult to understand the meaning of the proffer amendments without this type of information. • Regarding Proffer 1, Phasing of Albemarle Place Improvements, Phase 1 and Phase 2, if we understand your request correctly, it appears you are requesting to modify the street and utility improvements of Block F and G as shown on the Application Plan (included in the Code of Development prepared by The Cox Company dated October 15, 2003) (the "Application Plan") to be constructed prior to those on the remainder of the Project. However, the approved proffer 1 states that the Owner shall phase development so that the first site plan for the initial phase of Albemarle Place includes street, utility and landscape improvements to serve the planned building improvements contained within Blocks A, B, C and D as depicted on Exhibit D, "Regulating Block Plan ......" Staff does not find the suggested revisions appropriate or in keeping with the original proffer. Please see attached, pages 7 and 8 of the minutes from June 10, 2003 Planning Commission Work Session. As described in the minutes, the intent of the applicant, Planning Commission and Board was to do the new town center in the first phase as described in the approved proffer 1. • Also regarding proffer 1, we believe you have proposed to revise the timing of the review and installation of landscape improvements. The original proffers for Albemarle Place required phasing in which the first site plan for the development would include landscape improvements to serve Blocks A, B, C and D. In its previous review of the Albemarle Place proposal, the ARB focused on the need for a consistent streetscape along Route 29 and along Hydraulic Road. The original proffer allowed for a consistently designed and planted streetscape. The proposed change to a building -by- building site plan review would likely result in a random, patchwork streetscape that is not consistent with Entrance Corridor guidelines. Building -by- building site plans and planting is not recommended. Also, the language referencing building permits in proposed proffer 1C is confusing and doesn't seem workable. • Regarding your request to modify Proffer 14, Substituted Transportation Improvements, it appears you are requesting to provide a cash contribution to the City of Charlottesville towards road improvements to Route 29/Emmet Street between Hydraulic Road and the Route 250 bypass ramp in the City, instead of constructing certain road improvements described in the approved proffers. However, it is my understanding that you met with Larry Davis and Mark Graham. Mr. Davis provided you with the following suggested wording regarding this proffer: 14. The Owner, upon approval by the County's Director of Community Development, may construct alternative improvements to Route 29 in lieu of those improvements required by Proffer 8(B) and other proffered improvements to northbound Route 29. Such alternative improvements shall be constructed within twelve (12) months after the issuance of the first certificate of occupancy within Albemarle Place. Construction shall be deemed complete when the improvements are accepted by the appropriate public entity or are bonded for the entity's acceptance. These alternative improvements shall be in addition to any other improvements required by the Virginia Department of Transportation. The request to construct these alternative improvements shall be made in writing to the Director of Community Development within sixty (60) days after the first final site plan for the initial phase of Albemarle Place is approved by the County and shall include all plans and drawings deemed necessary by the Director of Community Development. Such request shall suspend the deadline for the City to approve any plans pursuant to Proffer 8(B). If the County does not approve the request to construct these alternative improvements within six (6) months of this request, the Owner shall be obligated to construct the improvements required by Proffer 8(B) in the County and to construct the improvements required by Proffer 8(B) in the City if the City approves those plans within six (6) months after the County's denial of the request to construct the alternative improvements or six (6) months after the first final site plan for the initial phase of Albemarle Place is approved by the County, whichever occurs later. The Owner shall diligently pursue approval of the plans. The language you have provided is not what Mr. Davis suggested you use. We suggest you use the language provided by Mr. Davis. Albemarle County Service Authority: You will have to provide a phasing plan for the project and for the site plan. In the future, final water and sewer plans will have to be submitted directly to the ACSA for review and approval prior to granting tentative approval. We have discussed the sewer capacity concerns with both the Albemarle County Service Authority (ACSA) and the Rivanna Water & Sewer Authority (RWSA). The RWSA went back through their files and reviewed the capacity of the Meadow Creek interceptor and the anticipated flows for each phase of Albemarle Place. As you might be aware, the RWSA is finalizing design of the new Meadow Creek Interceptor and anticipate starting construction by January 1, 2009. The RWSA anticipates a one year construction window; however, RWSA does not guarantee completion by that time, because they can not predict unforeseen events that may delay the schedule. Both the ACSA and RWSA have stated to us that with regards to the existing interceptor, there is no capacity available for new development. As such, RWSA would not be able to accept new flows until the new interceptor is on -line. At such time, they will be able to accept new flows for this and other developments. Other Issues: The following items are recommendations we suggest that will assist you as you move this project forward and may make future modifications less cumbersome: • The County requires authorization from all property owners for certain rezoning amendments. This is something you should consider as you draft deed and covenant language because absent a provisionVanguage for this type of approval, obtaining all owners' authorization for substantive amendments could be difficult in the future. • We suggest you consider requesting waiver /modification to Section 4.15 sign regulations with this or a future rezoning amendment. • We recommend revising the Code of Development to provide for wireless facilities in accord with the current Zoning Ordinance. • The setback or build -to range needs to be clearly described. Setbacks were not provided in the code of development. This needs to be clarified particularly regarding the major external roads. Exceptions can be made to this requirement for certain facilities, such as a sewage pump station, provided the necessary streetscape can still be provided. • We recommend that proffer revisions referring to the County's requesting something, such as the traffic signal, be tied to a specific trigger. • In order to avoid confusion we recommend that Proffer 6 and any other proffers with similar language be revised to tie the requirement of approval to the first site plan or plat and not to a time period AFTER that approval. • We also recommend you consider changing references /triggers within the proffers from issuance of certificate of occupancy to issuance of building permits. I suggest we meet soon to discuss the next steps for the subject project. Additional questions or comments may occur at a future date. If you have questions or need additional information, please feel free to call me at 296 -5832 x 3250 or send me an e-mail at cgrant @albemarle.org . Sincerely, Claudette Grant Senior Planner C: Albemarle Place EAAP, LLC