HomeMy WebLinkAboutSP200700057 Review Comments Special Use Permit 2011-04-06oA
COUNTY OF ALBEMARLE
Department of Community Development -Planning
401 McIntire Road
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Ext. 3439 Fax (434) 972-4126
April 8, 2011
Michael Myers
Dominion Engineering
172 South Pantops Drive
Charlottesville, Virginia 22911
RE: ZMA 2007-024 Riverside Village
SP 2007-057 Fill in the Floodplain
Review Comments -Resubmittal 2/22/2011
Dear Mr. Myers:
The resubmittal received for the February 22, 2011 deadline requesting to rezone 18.6 acres,
approximately 8.8 acres of which is located in the floodplain, from R1 Residential to Neighborhood
Model District for 110 to 162 residential units and 20,000 square feet of commercial/office space has
been reviewed and comments are consolidated below.
PANTOPS MASTER PLAN
The Pantops Master Plan (PMP) was officially adopted on March 17, 2008. The land use designations for
this property are Neighborhood Density, River Corridor Overlay, and Greenspace. The descriptions of
these land use designations and insets of the Land Use Map and Parks and Green Systems maps with the
subject parcel highlighted blue are included for your information. Please note the page numbers of the
PMP are referenced after each section.
Neighborhood Density Residential — 3 — 6 residential units per acre with residential
support uses and limited non-residential uses. Neighborhood Density Residential areas
will primarily accommodate single family dwelling unit types as well as institutional uses
such as places of worship, public and private schools, and early childhood education
centers including day care centers and preschools. Neighborhood Density Residential
areas accommodate small areas of non-residential land uses on the scale of Neighborhood
Service, to serve residential uses. This may include corner stores of less than 4,000 square
feet; live/work units above office and/or retail; small office buildings with less than
20,000 square feet; and studios/cottage occupations. (18)
Greenspace — Sensitive environmental features including stream buffers, floodplain, and
adjacent slopes. Typically only passive recreation will occur in these areas or greenway
trails. Also includes open space areas that may be managed and owned by homeowners
associations. (18)
Free Bridge Lane -Focal Point of River Corridor
This area offers the best river walk possibilities along Free Bridge Lane adjacent to the
Rivanna River and includes the properties between Free Bridge Lane and Route 20
North, south of a stream and Darden Towe Park. A redeveloped area would relate to the
centers at Pantops Shopping Center, Darden Towe Park, and the City of Charlottesville;
however, the Rivanna River is the intended focal point. This area deserves a special
designation because the property along the river is publicly owned and provides
opportunities for an enhanced river park. Any future development in this area should be
especially sensitive to river ecology.
Free Bridge Lane as a river walk may mean future limitations to vehicular access. The
proposed Framework Plan calls for two land uses adjacent to the floodplain: Urban
Mixed Use and Urban Density. This area could include a recreational focus associated
with the River Corridor, with possible canoe rental and other recreational opportunities.
(26)
Land Use Map
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Future Park ,
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Parks and Green Systems Map
The PMP identifies neighborhoods and centers in Pantops, and recommendations for the residential
neighborhood where Riverside Village is located include (20-21):
Darden Towe Park/Stony Point Road (Cascadia/Fontana/Avemore Neighborhood)
1. Maintain the residential character of existing neighborhoods.
2. Allow for Neighborhood Density and Urban Density residential uses with a Neighborhood
Service (NS) center.
3. Protect the rural scenic qualities of Route 20 from the northern edge of the development area
south to Elks Drive/Fontana Drive where development along Route 20 should transition to an
urban character to the City of Charlottesville.
4. Preserve stream corridors and floodplain in this neighborhood and allow for pedestrian paths in
those areas, where natural features allow.
5. Retain existing amenities and open space within residential developments.
PREVIOUS PC WORK SESSIONS
For your information, I have included the Planning Commission's recommendations from the two
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previous work sessions.
December 18, 2007
A work session on SP -2007-00057 Hartman Property — Floodplain and ZMA-2007-00024 Hartman
Property was held by the Planning Commission. In a power point presentation, staff reviewed the
applicant's proposal. The Commission reviewed and discussed the proposal, answered the questions
posed by staff and made comments and suggestions. The applicant made a presentation. Public comment
was taken. No formal action was taken.
The Planning Commission made the following comments regarding the questions posed by staff.
• Does the Commission support staff's recommendation that the proposed extensive fill in the
floodplain should not be permitted?
In consensus, the Planning Commission agreed that fill in the floodplain should not be permitted.
The Commission emphasized the recommendations of the Draft Pantops Master Plan for protection
of the Rivanna River in making this recommendation.
• Is the mix of land uses proposed appropriate for this site, including density and amount of office
space proposed?
In consensus, the Planning Commission believed that the proposed density was too high and that
the applicant should not include the undevelopable floodplain acreage of approximately 8 acres
towards density calculations. The Commission recommended that the lower range of Neighborhood
Density, or 3-6 units on the developable portion of the property, would be an appropriate density.
The Neighborhood Model principles and design/layout of the proposed development should also be
considered when evaluating density of the project.
The Commission recommended that non-residential square footage for the project should not exceed
20,000 gross square feet of building area. The Commission acknowledged that the master plan has not
been adopted and that by right the applicant could do 26 units with the bonus density. However, the
Commission recommended that the percentage mix of land uses would be a more appropriate way of
evaluating the amount of non-residential to residential square footage proposed in the development. Since
the Commission recommended decreasing the residential density, they also recommended that the non-
residential/office square footage should also be proportionally reduced.
August 26, 2008
The Planning Commission held a work session on ZMA-2007-00024 Riverside Village (Concurrent SP -
2007 -057). The Commission reviewed and provided comments on the following four questions posed by
staff.
1. Is the maximum square footage of non-residential land uses appropriate for this site,
including 30,000 square feet of commercial/office space proposed in Block 1, or should the
maximum allowed be reduced?
The Commission had no concerns and felt the square footage per building was appropriate for the site.
2. Should additional land dedicated for the public park and amenities be required, in addition
to park proffer?
The Commission did not recommend that additional park land or amenities be dedicated. The
Commission recommended that the applicant provide for urban amenities internal to the development,
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such as small pocket parks that may have seating.
3. Are the scale and massing of the mixed use buildings in Block 3 appropriate?
Generally the Planning Commission liked the relationship of the buildings to the Rivanna River and did
not have concerns about the proposed height of four stories. However, they recommended breaking up
the massing of the buildings in Block 3.
4. Are the roof rain gardens approximately located adjacent to Route 20 or should they be
relocated?
The Commission believed that the rain gardens were a beneficial feature that should remain, but
recommended they be relocated and not be placed adjacent to Route 20 and that pedestrian orientation of
the buildings to the street should be improved. The Commission also felt that providing for green roofs
and Low Impact Development (LID) in the development was positive.
Other Commission comments:
o Some Commissioners were concerned that the applicant's proposed plans would still impact
the floodplain and recommended that the plans be revised to eliminate impacts in to the
floodplain.
o The Commission noted that future submittals and review of this proposal should address the
proffer policy and provide adequate proffers to address all impacts of the proposed development,
including schools, libraries, and fire rescue and police.
o Some concern was expressed about making sure that the parking was adequate for
residential/commercial, no matter what entities went into the commercial spaces.
STAFF COMMENTS ON THE CURRENT APPLICATION:
1. The project is predominately residential, which meets the PMP goals of maintaining the
residential character of the existing neighborhood. However, the residential net density
proposed in the application is two to three times higher than the density recommended in
the PMP. This is an 18.6 acre parcel, approximately 8.8 acres of which is in the floodplain. The
PMP recommends 3-6 units per acre, which would allow for 30-59 units on the portion of the site
outside of the floodplain. In 2007, the Planning Commission requested the applicant not to
include the floodplain acreage in the density calculation and use the 3-6 units per acre calculation
to determine the net density. In 2008, the Planning Commission again expressed concern that the
proposed density would adversely impact the floodplain.
• Staff recommends no more than 59 units for the site as designated in the PMP.
2. Non-residential uses in areas designated Neighborhood Density are intended to be secondary and
serve surrounding residential areas. The prior proposal showed offices along Route 20 and
retail/commercial uses along the river corridor, which was more in keeping with the
recommendations outlined in the PMP. Staff believes that non-residential uses along Route 20
should be limited to primarily office use since nearby Avemore and Cascadia will provide for
neighborhood service uses in this area. The proposed maximum 20,000 square feet for non-
residential uses also meets the standards set forth in the PMP.
• Staff recommends limiting the type of commercial uses proposed along Route 20
(see also comments under "Parking" regarding type of use and parking
requirements).
3. The use of street trees along Route 20 assists in the transition from rural to a more urban character
in the area. Given the proffered frontage improvements, VDOT has indicated that street trees
should be possible within the right-of-way and out of the clear zone.
4. A pedestrian path connecting the development to the river is proposed in the development, which
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enhances the site's natural features and meets the River Corridor guidelines outlined in the PMP.
However, parking areas in Blocks 2 and 4, backyard areas in Block 2, buildings in Block 2, and
amenities such as the tot lot and volleyball court in Blocks 2 and 4 are proposed in the floodplain.
The substantial disturbance proposed to the floodplain for this development does not meet this
PMP guideline. Please review recommendations by the Planning Commission at the two previous
work sessions held in 2007 and 2008.
• Staff strongly recommends that you revise the plan to reduce the impact of the
development plan on the floodplain.
5. Amenities such as tot lots, pocket parks, and recreation space have been provided in the proposed
development. A 5.95 acre public park has also been included on the plan and proffered (Proffer
1); however, the portion of the property that will be dedicated to public use for the park is not
clearly shown in the general development plan or in the code of development. In previous
reviews, the Parks and Recreation department has requested that some portion of the land
dedicated for the park be located in an area outside the floodplain for facilities that may be needed
for the park, such as public restrooms, a parking area, or playground (see applicant comment
letter dated July 30, 2008). Since there will be a separate design process for the portion of the
property dedicated to public use, any improvements in the park should not be shown with the
plans for Riverside Village.
• Revise the plan to show the exact location of the 5.95 acre park addressed in Proffer
1.
Neighborhood Model: The zoning map amendment is to rezone a parcel from R1 to NMD in order
to allow a mixture of residential, service, and commercial uses on the site. The following comments
indicate how the proposed project complies with the twelve principles of the Neighborhood Model:
Pedestrian
A system of sidewalks and trails is proposed within the development;
Orientation
therefore, this principle is met.
Neighborhood
Sidewalks, street trees, and parallel parking serving single family lots are
Friendly Streets
proposed. However, a pedestrian connection to the property adjacent to
and Paths
Road B should be established to encourage pedestrian accessibility to the
proposed farmers market on that site.
Interconnected
The development plan shows an interconnection to the Elks Lodge north of the
Streets and
subject parcel, which supports this NMD principle. However, the stub -out
Transportation
needs to extend to the property line.
Networks
Parks and Open
The tot lot should not be located in the floodplain.
Space
Neighborhood
This property is located in the vicinity of Avemore/Cascadia and Pantops
Centers
Shopping center. This principle is met.
Buildings and
The 1-2 story buildings and pocket green spaces located throughout the
Spaces of Human
development are compatible with the human scale; therefore, this principle is
Scale
met.
Relegated Parking
A majority of the parking is relegated; therefore, this principle is met.
Mixture of Uses
The proposed development provides for an appropriate mix of uses; however,
the amount of non-residential proposed is less than the scale expected for
Neighborhood Density Land Use designation.
Mixture of Housing
A mixture of housing types is included with the proposed development.
Types and
However, comments provided in this letter regarding the proffers addressing
Affordability
affordable housing should be addressed.
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Redevelopment
This principle does not apply.
Site Planning that
There are important environmental features on the site, such as the
Respects Terrain
floodplain, stream buffers, and critical slopes, that should be protected
and maintain. Comments in this letter from several reviewers address the
need for protection of the floodplain.
Clear Boundaries
This property is located entirely within the Development Area boundaries;
with the Rural
therefore, this principle does not apply.
Areas
CODE OF DEVELOPMENT (COD)
Generally, it must be made clear what are non -enforceable objectives and what are specific requirements
in the development narrative and the introductions to the blocks. Be aware that any feature listed in the
code will become a requirement. As such, standards for these features must be established. If the
standards are subjective, a staff position must be identified to be responsible for determining completion
of these features. Also, please note that ARB review will be required for any site design, landscaping, and
building design that is visible from the Entrance Corridor. I have provided a copy of the County's format
for CODs, which includes examples of how information should be organized in tables. This format
was not used for all sections of the Code in your resubmittal and is provided again with requested changes
noted.
1. Please include a reduced copy of the application plan showing the designated blocks with Section
11 of the COD.
2. Density, setbacks, and building heights listed on page 14 should be shown in a single table.
Include the standard notes regarding restrictions and requirements on this page as provided in the
copy of the County's COD included with this letter.
3. Include on the cover sheet the ZMA and SP number and the tax map and parcel number.
BY -RIGHT PERMITTED USE TABLE:
1. Block 5 on page 3 states that the design services and public visioning process for the park have
been proffered and they have not.
2. As accessory apartments are only permitted in single-family dwellings, they would not be allowed
in Block 4 as shown in the table.
PARKING:
1. Parking tabulations should be shown in a single table.
2. For Block 1, the tabulations state that 89 spaces are provided, but only 83 spaces are shown on
the plan. Coordinate the COD with the plan.
3. Be aware that the minimum design standards of section 4.12.16 will apply to the garages unless
waived under the process established in section 4.12.2.c, which can be dealt with during the site
plan process.
4. Page 7 of the COD should clarify that 184 spaces are provided for the townhouses in Blocks 2
and 3.
5. The commercial area only provides parking sufficient for an office use; yet the COD allows
several commercial uses that would require additional parking. The applicant should review
Section 4.12.6 and provide additional parking or remove the commercial uses to provide for
office only.
GENERAL DEVELOPMENT PLAN -DETAILED COMMENTS
Given the density of the proposed development, the location of dumpsters should be shown on the
plan.
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RIVANNA WATER AND SEWER AUTHORITY
It appears the development will produce over 40,000 gallons of average daily sewage flow. As such,
a capacity certification from RWSA will be required. At this time, it does not appear that the site will
have any additional impacts on RWSA facilities.
CURRENT DEVELOPMENT AND ZONING COMMENTS
1. The area designated as the public park does not show any improvements or parking.
2. The applicant is proposing 162 residential units. This scale of development requires the following
recreational amenities:
• 32,400 square feet (0.74 acres) of recreational area
• 4 tot lots
• 1 half basketball court
The agent may modify the standards. The applicant should contact me directly to discuss
recreational amenities to show on the application plan in accordance with Sections 4.16, 4.16.1
and 4.16.2, or they should be put on notice that approval of the rezoning does not constitute
waiver or variation of the required recreational amenities and that recreational areas above those
shown on the application plan may be required.
3. Near Route 20 at the east of the project Road B is a dead end. I recommend that it be connected to
the travelway serving the commercial area, which would provide for improved on site circulation.
4. Decks are shown extending to the alley. Depending on the design of the decks the posts may
restrict the area available for parking. Minimum parking dimensions are 9 feet wide.
5. The design of the boardwalk and bridge should be specified.
6. Units 14 thru 24 do not have frontage on a public or private street and cannot be subdivided. A
modification can be processed during the rezoning only.
COUNTY ENGINNER COMMENTS
Engineering comments are provided in Attachment A.
ENTRANCE CORRIDOR COMMENTS
A separate ARB application and full review will be required by the ARB at a later time. The Design
Planner provides review comments on rezonings, which are included below.
1. Trees are not spaced correctly on interior roads. A minimum spacing of 40' on center will be
required. (Reference Sheet C4.)
2. The Green Space and Amenities Table on page 10 of the Code of Development indicates that
there is to be a mix of trees and shrubs behind units 1-12 in Block 2 in an open space buffer. This
landscaping isn't shown on the plan. The table and plan should be coordinated.
3. The Green Space and Amenities Table on Page 10 calls for a mix of evergreens and shrubs for the
landscape buffer behind units 65-92 in Block 3. The word "trees" should be added after
"evergreen".
4. The 5th bullet under "Permitted Building Materials" should read as follows: "False, simulated and
other similar building materials, including but not limited to EIFS, spandrel glass, vinyl siding,
and simulated tile, shall not be permitted for buildings visible from the Entrance Corridor." The
entire site is included in the Entrance Corridor Overlay District. If the applicant's intent is for this
standard to apply to the entire project, then the sentence should end at "... shall not be permitted."
5. Regarding the earth -tone color standard on page 12 of the Code, the color palette will be required
at the time the ARB reviews the site plan and architecture for the site. The text should be revised
to address this. Also, "earth -tone" is a very broad category. It is recommended that the applicant
further refine the standard by naming a range of colors, for example, "medium to dark shades of
brown, gray, and green".
6. It is anticipated that the buildings in Block 4 will have some visibility from the EC.
Recommendations were previously made to address this visibility in regards to the standards for
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roof pitch and design (page 12 of the Code). The previous recommendation stands. Revise the
third bullet under "Roof Pitch and Design" to read: The mass of the two buildings in Block 4, as
well as their respective roofs, shall be broken up into several segments in order to achieve an
appropriate appearance for the Entrance Corridor, to the extent the buildings are visible from the
Entrance Corridor, and for the river corridor. A minimum of 2 or 3 distinct roof elevations shall
be incorporated to achieve this. In addition to steps in the roof elements, other elements shall be
incorporated, such as: balconies, chimneys, dormers and clerestories."
7. Under "Roof Pitch and Design" on page 12 of the Code, please clarify the meaning of "minimum
2 per building" in the 4th bullet.
VIRGINIA DEPARTMENT OF TRANSPORATION WDOT) COMMENTS
1. The Route 20 plan included in the rezoning application needs to be correct prior to determining
the extension of the culvert and fill in the floodplain.
2. The public roads in the development will be added to the state maintenance system under the
SSAR's. The applicant will need to submit the items listed in 24VAC30-92-70 with the
conceptual sketch to ensure that the proposed public roads can be added. Items not included in
this application include:
a. Proposed Functional Classification of each street. These streets appear to be local.
b. The connectivity index.
c. Reductions in the connectivity index.
3. The full frontage improvements to Route 20 do not appear to be in accordance with the Pantops
Master Plan. Please see previous VDOT and Albemarle County comments sent to the applicant in
November 2008 in addition to follow up comments sent by VDOT in December 2008.
4. The proffers state that a left turn lane and an additional southbound lane will be constructed, but
the attached plan only shows a left turn lane and does not reflect the proffers. Please coordinate
the plan with the proffers.
5. VDOT previously asked for an ultimate plan of Route 20 in accordance with the four lane section
to accurately locate drainage structures and sidewalk in addition to ensuring that the extension of
the box culvert is correct. This is not included in the plan and may have additional impacts to the
floodplain for the fill section.
6. There is not enough distance shown along Route 20 to evaluate that the road widening has
adequate tie-ins and transitions.
7. Add a right turn lane to enter the site.
PROFFERS
1. Staff has reviewed the proffers for consistency with the Board's Cash Proffer Policy as it applies
to addressing impacts of the proposed development. Cash proffers address impacts to the
following facilities: schools, transportation, parks, libraries and public safety. The policy
establishes a maximum cash proffer that the Board will accept for public facilities from
residential rezoning applicants is $17,794.57 per SFD; $12,085.08 per SFA/TH; and $12,560.87
per MF unit, for market rate units (please note these figures are based on 2010 calculations).
2. The park dedication does not address any improvements (see Section C5c of the Cash Proffer
Policy). Additionally, the applicant should state the park dedication to occur at a specific time,
such as during the site plan process, and remove "at the request of the County" (see Section D 1 of
the Cash Proffer Policy.
3. Proffer 2A: Please revise the following statement to read as such: "The Albemarle County Office
of Housing or its designee shall work with the owner/builder on identi improving
purchasers for affordable units."
4. Proffer 2B: Please note that the language "at their discretion," as proposed in Proffer 213, has
generally not been approved by the Board of Supervisors in the past. Staff recommends removing
this language from the proffer. In addition, up to 162 market rate units are proposed. Additional
information regarding the type of unit proposed to meet the affordable housing requirement is
needed. If you proffer cash in lieu of units, the cash equivalent for an affordable unit is currently
$21,125. Please note that the County, at its option, may request a cash proffer in the amount of
$21,125 in lieu of affordable units. I have included suggested language for your resubmittal if
your intention is to make only cash proffers for affordable housing.
CountyOption for Cash In Lieu of Affordable Units: If at any time prio to the
County's approval of any preliminary site plan or subdivision plat for the subject
property which includes one or more for -sale Affordable Dwelling Units, the
County's Housing Office informs the then -current owner/builder in writing that it
may not have a qualified purchaser for one or more of the for -sale Affordable
Dwelling Units at the time that the then -current owner/builder expects the units to
be completed, and that the County will instead accept a cash contribution to the
County to support affordable housing programs in the amount of Twenty -One
Thousand One Hundred and Twenty -Five Dollars ($21,125) in lieu of Affordable
Unit(s), the the then -current owner/builder shall pay such cash contribution to the
County prior to obtaining a certificate of occupancy for the Unit(s) that were
originally planned to be Affordable Dwelling Units, and the then -current
owner/builder shall have the right to sell the Unit(s) without any restriction on
sales price or income of the purchaser(s). For the purposes of this proffer, such
Affordable Dwelling Units shall be deemed to have been provided when the
subsequent owner/builder provides written notice to the Albemarle County Office
of Housing or its designee that the Affordable Unit(s) will be available for sale.
When you are ready to resubmit, please provide that resubmittal on a resubmittal Monday (see attached
schedule). 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 let me know if you have any questions or need additional information. I can be reached at (434)
296-5832 Ext. 3029 or ebrennangalbemarle.org and would be happy to meet with you to discuss these
comments.
Sincerely,
Eryn Brennan
Senior Planner
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