HomeMy WebLinkAboutSP201000003 Review Comments Special Use Permit 2010-04-02pF AL
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4012
April 2, 2010
Ms. Valerie W. Long
Williams Mullen
321 East Main St., Suite 400
Charlottesville, VA 22902 -3200
RE: ZMA -09 -001 5th Street — Avon Center - Zoning Map Amendment
SP2010 -003 5th Street — Avon Center — Parking Structure — Special Use Permit
Dear Ms. Long:
Thank you for your recent submittal of SP2010 -003 and your recent re- submittal of ZMA 2009-
001, both received on February 16th for Tax Map and Parcel Number(s): 76 -M 1 -2A; 76 -M 1 -2B;
76- M1 -4A; and 77 -11E.
We have a few questions and comments which are indicated below:
Application Plan:
Planning
• Show the dimensions for the Pedestrian Friendly Corridor Conceptual Section shown on Sheet number 2 of
3.
• The interior circulation is unclear. For example, what will be the circulation layout for Building G?
Zoning
The following comments have been provided by Amelia McCulley and Sarah Baldwin related to zoning
matters:
• The Application Plan Amendment appears to contain more changes, aside from the mentioned
phasing. Rather than rely on two application plans, please submit one amended plan that contains
original approved features along with the revised phasing and changes. Some noted changes include the
absence of 100 year floodplain, pedestrian connection to Willoughby and roundabout at Bent Creek
Road and building layouts.
Current Development
The following comments have been provided by Bill Fritz related to how your proposal may or may not
be able to meet site plan or subdivision ordinance requirements in the future:
• In the "north sector" an amenity is shown at the end of "Conceptual Site Circulation ". It is not clear if
this site circulation is pedestrian or vehicular. If vehicular, a conflict with the amenity may occur.
• The amenity in "north sector" is not defined.
Engineering and Water Resources
The following comments have been provided by Glenn Brooks related to engineering and water resources:
• It is not clear on the proposed plan if the road layout and roundabouts are changing. This should be
clarified, either by better correlation with existing plans, or defined changes.
Proffers
Planning:
• We have previously discussed the need for the proffers to be submitted with track changes, so
we can have a version of the proffers that shows the original proffers with the proposed changes.
Please submit this.
• Rather than rely on two sets of proffers, please submit one amended set of proffers that contains the
pertinent original approved proffers along with the requested changes.
• Please clarify proffer l OD. Is the only change the second sentence? Is the rest of the approved proffer still
the same and a part of proffer l OD?
• Proffer 13 A. 9. Describes that a sidewalk and plaza/amenity area including all landscaping for such area
will be completed with Phase 1. Will landscaping in the amenity area be affected when Phase 2 occurs?
• Proffer 1. G. of the approved proffer states that the Owner shall provide a paved parking area on the
Property consisting of no less than twelve (12) spaces either: i) within the area labeled "Future Development
Areal" ....... or ii) in conjunction with the construction of a parking area for another use,.... The revised
Proffer 13 C. states that the outparcel area shown on the Original Application Plan as "Future Development
Area 1" shall not be developed. Given the revised language in Proffer 13C, do you still want proffer 1. G. to
provide the option it describes?
Zoning:
• Please address when Proffers 4 & 5 will be completed since they do not appear included in amended
Proffer 13- Phasing.
• Proffer 1G addresses a transit stop; park and ride lot within the "Future Development Area," which has
been removed with this submittal. Please address this proffer and an alternative location for the transit
stop.
Current Development:
• Proffer 6 states in part "Prior to issuance of a building permit for any proposed LEED Compliant
Commercial Space..." Aren't all of the commercial spaces intended to be LEED Compliant?
• Proffer IOD. What is "extensive roof design "?
• Proffer 13 should include parking as a feature to be built in phase one.
• Do the revised proffers affect the size of buildings B and D?
Engineering:
• What is meant by "extensive roof design" in Proffer IOD?
Architectural Review Board (ARB):
• The proposed replacement text for the second sentence of paragraph l OD of the original proffers mentions "extensive
roof design ". This phrase isn't clear. Also, Buildings are proposed with larger areas. This could make it more
challenging for the building designs to meet the EC Guidelines. Particular guidelines that may become issues are those
that deal with human scale, the treatment of long walls, and the use of architectural connecting devices.
Staff recommends the following: In the proffers (and wherever else it might appear), rewrite the "extensive roof
design" phrase to clarify its meaning. You should be aware that the larger building areas will likely make it more
challenging to meet the EC Guidelines. Particular attention should be given to establishing appropriate scale, wall
treatment, and connecting devices.
Development Framework:
Architectural Review Board (ARB):
The following comments have been provided by Margaret Maliszewski related to the Entrance Corridor
Guidelines:
• The language under "Other Conditions of Development for Building Zones C/E and F" is
vague and will make future review difficult. Among the unclear phrases are: facades... oriented within a
streetscape and urban design form, facades and rooflines ... integrated with the north /south streetscape,
and integrated into streetscape design. Does this mean facades and rooflines will be either perpendicular
or parallel to the north/south street? Does "integrated into streetscape design" mean something more
than "will be present "?
Staff recommends you revise the language under "Other Conditions of Development for Building Zones
C/E and F" to more clearly and simply state the intent.
Planning:
• The approved Development Framework includes language that states that the parking and parking
structures are subject to subsequent parking impact study. This should also be included in the revised
Development Framework.
• Please explain the increase of Building Zone G to 90,000 sfgfa described in the revised Development
Framework from 75,000 sfgfa described for Building Zone G in the approved Development Framework.
• See the attached Comprehensive Plan Amendment, approved September 8, 2004. Land Use S. states that
the largest single big box footprint should not exceed 150,000 square feet. Please explain the maximum
individual anchor store size of 160,000 sfgfa shown in the revised Development Framework. This is an
increase from that described in the approved Development Framework showing a maximum individual
anchor store size of 150,000 sfgfa.
• Please explain the planned uses that are no longer shown on the revised Development Framework.
Engineering:
• The change in the mix of uses may require a revision to the traffic study. The traffic generation tables
should be revised and an assessment made of the possible impacts of the proposed changes. The county
will defer to VDOT on traffic study requirements.
Other Issues:
Current Development:
• The stream crossing SP necessary to provide access to this property should be submitted and reviewed
at the same time as this rezoning amendment.
Critical Slopes Waiver:
Engineering:
• The critical slope waiver is recommended for approval. However, your analysis letter necessitates the
following comment: There is almost always a small risk of (1) large scale movement of soil, (2)
excessive stormwater runoff, and (3) siltation. These risks are not eliminated, but minimized as much as
can be expected. In addition, the "limits of disturbance" on the plan will need to be expanded slightly to
accommodate construction erosion control, and permanent stormwater management at the perimeter.
SP 2010 -003 — Parking Structure:
Architectural Review Board (ARB):
• Parking structure height is proposed up to 5 stories, which is equivalent to 60'. 60' is double
the height of buildings illustrated in site sections that were reviewed by the ARB under ZMA -2006-
09 /ARB -06 -135. Any parts of proposed parking garage(s) that will be visible from the ECs will be
required to meet all of the EC Guidelines. This means that even if the "back" of the structure is visible
from the EC, the ARB will likely require that it be designed as a "front ". The taller the structure, the
more likely it will be visible from the ECs. Deck -top lighting will likely be an issue that will be
challenging to overcome. Staff recommends a roofed parking structure; with one or more levels below
ground is recommended.
Rivanna Water and Sewer Authority (RWSA):
• The flow acceptance for this project has been issued, but will expire in January 2011 if this project is
not under construction by that time.
• RWSA is concerned about the storm water outfalls to Moores Creek for this project. RWSA owns a
sewer interceptor that runs along the north bank of Moores Creek and RWSA will want to review the
proposed storm outfalls (at the site plan stage) to ensure that you will not alter the stream in such a way
that causes increased erosion along the north bank.
Fire Rescue:
• Approval is based upon letter from agent of applicant dated February 16, 2010.
Planning:
• The following section of the Zoning Ordinance is provided for your information and guidance
regarding parking structures:
§32.7.2A PARKING STRUCTURES
(Added 2 -5 -03)
In addition to all other requirements, each parking structure shall be subject to the following:
a. The developer shall submit architectural elevations with both the preliminary and final site plans. The
elevations shall be part of the approved final site plan.
b. The developer shall submit drawings, photographs or other visual materials showing the proposed
parking structure and surrounding structures (if any exist) and land uses.
c. Mechanical equipment or other utility hardware on the roof, ground, or building shall be screened
from public view to the reasonable satisfaction of the Director of Planning and Community
Development with materials harmonious with the building or they shall be located so as not to be visible
from public view.
d. Air handlers shall be located so that emissions are directed away from any adjoining residential
development.
e. The structure shall be designed so that the light from all vehicle headlights and all lighting fixtures
will not routinely shine directly outside the structure.
• While staff understands that you do not anticipate the development of a parking structure for several
years, due to the environmental sensitivity of the area, staff is concerned about extending this SP for an
additional 10 years. The language of § 15.2- 2209.1 of the Code of Virginia automatically extends this SP
until July 1, 2014.
VDOT
Comments from VDOT are attached.
Resubmittal or Public Hearing
State law and County ordinance direct that action on a ZMA and SP, be taken by the Planning
Commission within 90 days of the date that application was made to the Planning Commission, unless a
deferral is requested. The Board of Supervisors is obligated to take action within 12 months after the
Commission's action. (The date that the application to the Planning Commission is considered to be
made is approximately two weeks after the submittal date.)
We request that, within [30 DAYS FROM THE DATE OF THE LETTER] you:
• Resubmit in response to these comments on a resubmittal date as published in the project review
schedule OR
• Request that the application be scheduled on a specific Planning Commission public hearing date in
accordance with the Planning Commission's published schedule and as mutually agreed to by the
applicant and the County, OR
• Request indefinite deferral and state your justification for requesting the deferral.
If you resubmit, please provide that resubmittal on the first or third Monday of the month. (These days
are resubmittal Mondays. The full resubmittal schedule may be found at www.albemarle.org in the
"forms" section at the Community Development page.) Make sure to put my name on the cover page of
your resubmittal. After you have resubmitted, staff will provide a set of written comments for your
review prior to setting a public hearing. In those comments, we will advise you as to whether all
substantive issues have been resolved or if additional resolution is needed.
A public hearing with the Planning Commission will not be advertised until you advise us that the
project is ready to proceed to a public hearing. At that time, the legal advertisement will be run in the
newspaper and a staff report will be prepared to go to the Planning Commission.
Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning
Commission's public hearing will be allowed during the life of the application. The only exception to
this rule will be extraordinary circumstances, such as a major change in the project proposal by the
applicant or more issues identified by staff that have not previously been brought to the applicant's
attention. As always, an applicant may request deferral at the Planning Commission meeting.
Please feel free to contact me if you wish to meet or need additional information.
Sincerely,
Claudette Grant
Senior Planner, Planning Division
C: New Era Properties, LLC
Avon Holdings, LLC Rev. 3-29-10
Attachments