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County of Albemarle
Department of Community Development
Memorandum
To: Claudette Grant, Senior Planner
From: Amelia McCulley, Zoning Administrator
Division: Zoning
Date: April 1, 2011
Subject: ZMA 2010 -01 Pantops Ridge — 4th Zoning comments
I have reviewed the fourth submittal (revised proffers) and have the following comments and
questions:
1. Proffer 1 e: Landscaping — Previous comment: The offer of landscaping post- construction
based on $5,000 per lot, does not have any particular relevance as to what it achieves. It
would be helpful to know that this amount not only restores what the individual homeowners
have lost, but provides screening for them from the new road.
The latest revision allowing the owners to select the plant species is helpful; although, the
applicant has not addressed how $5, 000 of landscaping per lot will achieve the intended
purpose.
2. Proffer 3: Housing Type Mix — Previous comment: While the revision addresses the mix, it
does not address the allocation or phasing, if that is important. So for example, they could
build all the single family attached (or detached) at first
The latest revision specifying full build -out mix does not address this prior comment.
3. Proffer 4: Architectural Standards — Previous comment: I understood that we were trying
to move away from proffers about architectural standards, so I'm not sure why this is
appropriate. This proffer does not explain if or who will review or enforce this for the County.
In addition, the language (from my perspective) is overly broad and would be difficult from me
to enforce. It will be important to confirm that Margaret could assist in interpreting this.
No revision and no further comment.
4. Proffer 5: Trail Easement — Previous comment: Using the 275`h unit as one of the end -point
triggers is significantly later than the Ordinance or policy would require or suggest for
installation (see below). The Zoning Ordinance Section 4.16.3.3 requires completion of
recreational facilities no later than when 50% of the units have received a certificate of
occupancy. This requirement would still apply and is not being requested for
waiver /modification. I suggest revising the proffer to refer to this Ordinance section (as
completion no later than).
4.16.3.3 Recreational facilities shall be completed when fifty (50) percent of the units have received
certificates of occupancy.
While this has been moved up to the 201" dwelling unit, this is still later than 1 recommend
based on the preceding.
5. Proffer 7: Green Space — Previous comment: This reference is not applicable for a
conventional R15 rezoning. In addition, assuming they will be doing cluster development— the
minimum requirement will be for 25% open space, not 15 %. I'm not sure we are gaining
anything more than the Ordinance can otherwise require by this proffer.
The revision does not address my comments. No additional comments.
6. Proffer 11: Consent of Neighborhood Investments, LLC — Previous comment: This is
unusual and I'm not sure why it's being done this way as opposed to including that property in
the rezoning.
No revision has addressed this.
IRG11a
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
March 9, 2011
Ms. Valerie W. Long
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, Virginia 22902
RE: ZMA 10 -01 Pantops Ridge
4th Review Comment Letter on rezoning submittal received February 7, 2011
Dear Valerie:
Staff has reviewed your submittal of revised proffers for Pantops Ridge. This letter provides
additional details as well as our general concerns. Our comments are consolidated below:
Planninq
While the applicant has made revisions to the proffers, in general staff feels that the substantive
and technical outstanding issues described in the staff report to the Planning Commission, dated
January 11, 2011 still remain.
Proffer 1.a. — Define reasonable. In other words, what is considered reasonable?
Proffer 2 — Although the density of the project has been lowered to 399 dwelling units, it is still
inconsistent with the Pantops Master Plan recommendation, which suggests approximately 300
units should be built on the areas designated as urban density and neighborhood density.
Proffer 3 — This proffer has been revised. However, the mixture of housing types does not
necessarily provide single family dwellings as the predominant unit type nor does it provide
commitments to locate multifamily units in the area shown for urban density on the Pantops Master
Plan. No proffer has been made for affordable housing.
Engineering
The following comment related to engineering matters has been provided by Glenn Brooks: In
general, the previous comments have not been addressed in a manner that would change the
previous recommendations.
Zoning
The following comments related to zoning matters have been provided by Amelia McCulley:
1. Proffer 1 e: Landscaping — The offer of landscaping post- construction based on $5,000
per lot, does not have any particular relevance as to what it achieves. It would be helpful to
know that this amount not only restores what the individual homeowners have lost, but
provides screening for them from the new road.
2. Proffer 3: Housing Type Mix — While the revision addresses the mix, it does not address
the allocation or phasing. For example, all the single family attached (or detached) units
could be built first.
3. Proffer 4: Architectural Standards — This proffer does not explain if or who will review or
enforce this for the County. In addition, the language is overly broad and would be difficult
to enforce.
4. Proffer 5: Trail Easement — Using the 275th unit as one of the end -point triggers is
significantly later than the Ordinance or policy would require or suggest for installation (see
below). The Zoning Ordinance Section 4.16.3.3 requires completion of recreational
facilities no later than when 50% of the units have received a certificate of occupancy. This
requirement would still apply and is not being requested for waiver /modification. We
suggest revising the proffer to refer to this Ordinance section (as completion no later than).
"4.16.3.3 Recreational facilities shall be completed when fifty (50) percent of the units have
received certificates of occupancy."
5. Proffer 6: Setback from Culpeper Branch — please insert "from edge of Culpeper
Branch.
6. Proffer 7: Green Space — This reference is not applicable for a conventional R -15
rezoning. In addition, assuming this will be a cluster development — the minimum
requirement will be for 25% open space, not 15 %. What is being gained by this proffer
that the Ordinance does not otherwise require?
7. Proffer 8: Height Limitation — We suggest using a building height rather than a number
of stories. Stories are not referenced in conventional zoning such as this. If stories stay in
the proffer, the R -15 building height still remains. It would be good to have a definition or
explanation of how this proffer would be implemented. Is it the number of stories as seen
from the front of the building?
8. Proffer 9: Bus Stop Turnoff — All other proffers for public transit also provide for
installation of benches at a stop. This proffer does not. We suggest this proffer be revised
to include this provision.
9. Proffer 10: Approved Site Plan — Staff feels this proffer really keeps the site plan alive
until much later than may be desirable for the County. If we accept this timeline, the proffer
should also state "or until the site plan approval has expired." We don't want the proffer to
keep the site plan alive longer than the Ordinance otherwise would.
10. Proffer 11: Consent of Neighborhood Investments, LLC — This is unusual. Why is this
being done this way?
ARB
The following comment related to entrance corridor matters have been provided by Margaret
Maliszewski:
As previously stated, it is anticipated that a residential development on the subject parcels could
be appropriately designed to meet the Entrance Corridor guidelines. The submittal materials do not
provide a level of detail that allows for any further review or comment based on those guidelines.
VDOT
See attached comments relating to VDOT concerns from Joel DeNunzio.
As we have discussed, this project will be on the Board of Supervisors agenda for a public hearing
on April 20, 2011.
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.
2
Please contact me if you have any questions or concerns.
Sincerely,
rr�
Claudette Grant
Senior Planner, Community Development
Attachment
Rev. 12 -15 -10
3
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County of Albemarle
Department of Community Development
Memorandum
To: Claudette Grant, Senior Planner
From: Amelia McCulley, Zoning Administrator
Division: Zoning
Date: March 2, 2011
Subject: ZMA 2010 -01 Pantops Ridge — 3rd Zoning comments
I have reviewed the third submittal (revised proffers) and have the following comments and questions:
1. Proffer 1 e: Landscaping — The offer of landscaping post- construction based on $5,000 per
lot, does not have any particular relevance as to what it achieves. It would be helpful to know
that this amount not only restores what the individual homeowners have lost, but provides
screening for them from the new road.
2. Proffer 3: Housing Type Mix — While the revision addresses the mix, it does not address the
allocation or phasing, if that is important. So for example, they could building all the single
family attached (or detached) at first.
3. Proffer 4: Architectural Standards — I understood that we were trying to move away from
proffers about architectural standards, so I'm not sure why this is appropriate. This proffer
does not explain if or who will review or enforce this for the County. In addition, the language
(from my perspective) is overly broad and would be difficult from me to enforce. It will be
important to confirm that Margaret could assist in interpreting this.
4. Proffer 5: Trail Easement — Using the 275th unit as one of the end -point triggers is significantly
later than the Ordinance or policy would require or suggest for installation (see below). The
Zoning Ordinance Section 4.16.3.3 requires completion of recreational facilities no later than
when 50% of the units have received a certificate of occupancy. This requirement would still
apply and is not being requested for waiver /modification. I suggest revising the proffer to refer
to this Ordinance section (as completion no later than).
4.16.3.3 Recreational facilities shall be completed when fifty (50) percent of the units have received
certificates of occupancy.
5. Proffer 6: Setback from Culpeper Branch — please insert "from edge of Culpeper Branch.
6. Proffer 7: Green Space — This reference is not applicable for a conventional R15 rezoning.
In addition, assuming they will be doing cluster development — the minimum requirement will be
for 25% open space, not 15 %. I'm not sure we are gaining anything more than the Ordinance
can otherwise require by this proffer.
7. Proffer 8: Height Limitation — I suggest using a building height rather than a number of
stories. Stories are not referenced in conventional zoning such as this. If stories stay in the
proffer, the R15 building height still remains and it would be good to have a definition or
explanation of how this proffer would be implemented. Is it the number of stories as seen from
the front of the building?
8. Proffer 9: Bus Stop Turnoff — All other proffers for public transit also provide for installation
of benches at a stop and this proffer does not. I suggest that it be revised to include that or it
will become an additional public cost.
9. Proffer 10: Approved Site Plan — While I recognize the applicant's desire to keep his options
open, this really keeps the site plan alive until much later than may be desirable for the County.
If we accept this timeline, the proffer should also state "or until the site plan approval has
expired." We don't want the proffer to keep the site plan alive longer than the Ordinance
otherwise would.
10. Proffer 11: Consent of Neighborhood Investments, LLC — This is unusual and I'm not sure
why it's being done this way as opposed to including that property in the rezoning.
Claudette Grant
From:
DeNunzio, Joel D., P.E. [ Joel .DeNunzio @VDOT.virginia.gov]
Sent:
Friday, February 18, 2011 3:14 PM
To:
Claudette Grant
Cc:
Glenn Brooks
Subject:
ZMA- 2010 -00001 Pantops Ridge
ZMA- 2010 -00001 Pantops Ridge
Claudette,
I have reviewed the referenced re- zoning request and have the following comments:
1. According to the proposed use and ITE trip generation, this site will generate 3,290 vehicles per day (VPD) and 319
vehicles per hour (VPH) for the peak hour of the day. These projections meet the threshold for a Chapter 527 TIA study
as required by Virginia Administrative Code 24 VAC 30 -155. The previous traffic study submitted by Draper Aden
Associates dated May 18, 2006 does not meet the minimum requirements of the code for the reasons listed in the VDOT
comments sent to Albemarle County from VDOT by e -mail dated April 21, 2010. Section 15.2- 2222.1 of the Code of
Virginia requires localities to submit traffic impact statements to VDOT that will substantially affect transportation on state -
controlled highways with rezoning requests. Section 24 VAC 30- 155 -40 of the Virginia Administrative code lists the
thresholds for rezoning requests that are considered to substantially affect transportation of state - controlled highways.
The request for a traffic impact study was requested by VDOT in a previous letter to Albemarle County in response to the
February 2010 rezoning requests.
2. VDOT should be removed as an agent for acquiring right of way for the relocation of Hansen Mountain Road as
stated in section 1a of the proffers. VDOT can only acquire right of way associated with a secondary road project that
would need to be added to the county Secondary Six Year Plan. There currently is not a project in the SSYP for the
relocation of Hansen Mountain Road.
3. Section 1f of the proffers needs to be revised. The submitted exhibit A with the proffer revisions is not a road plan
and lacks engineering drawings or analysis that are needed to determine that the proposed improvements are adequate.
These concerns were sent to Mr. Richard Spurzem by e -mail dated June 24, 2008 and later sent to Albemarle County on
April 21, 2010. Items that may be necessary for the plan that are excluded or unclear from exhibit A are the following:
There is no vertical alignment or limits of construction for the relocation of Hansen Mountain Road.
b. A capacity and LOS analysis of the intersection at Glenorchy Dr. and Route 250 has not been submitted. The layout
of proposed Glenorchy Dr. cannot be adequately reviewed for capacity of lane storage. Left, through or right turn lane
storage lengths may need to be increased based on capacity needs.
C. The proposed third westbound through lane on Route 250 needs to show a typical section in accordance with the
standards of an urban principal arterial road typical section. The drawing exhibit should also reflect the limits that the
additional lane will be constructed and whether it will go all the way to Pantops Mountain Road or taper back down to two
lanes at some point. Also, will the third lane be constructed to the existing Hansen Mountain Road or go through to the
interchange?
d. The proposed right turn lane from Route 250 west into Glenorchy should show the limits of construction to ensure
the improvement can be made within the right of way. The addition of the third through lane and the right turn lane may
be difficult to construct without additional right of way.
e. The proposed additional left turn lane from Route 250 eastbound to Glenorchy does not have any dimensions
shown and its storage and deceleration lengths need to be determined by an intersection analysis. The addition of the
lane into the median will require a modification to the existing graded median and the existing ditch.
f. The proposed right turn lane from route 250 eastbound to Peter Jefferson Parkway needs to show dimensions. Also,
the curb and gutter should be shown on the outside of the turn lane.
The proposed 350 foot acceleration lane on Route 250 west will need additional right of way.
h. Glenorchy Dr. and Route 250 eastbound need to show some additional width to receive dual left turn lanes. These
dimensions and tapers can be found in the VDOT Road Design Manual, Appendix F.
i. Traffic signal modifications will be necessary to accommodate the additional lanes. These improvements are not
addressed in Exhibit A or in the proposed proffers. The proposed widening to Route 250 may require signal poles to be
relocated and mast arms to be lengthened. Also, additional signal heads will be necessary with the widening of Route
250 and Glenorchy Dr.
j. There is an existing waterline where the applicant is proposing the third westbound Route 250 through lane. The
waterline should be addressed in the proffers.
Please let me know if you have any questions.
Thanks
Joel
3oel DeNunzio, P.E.
VDOT Culpeper
Land Development
434 - 589 -5871
Joel .denunziopvdot.viroinia.gov
*-&A
County of Albemarle
Department of Community Development
Memorandum
To: Rebecca Ragsdale, Senior Planner
From: Glenn Brooks, County Engineer
Date: 18 Feb 2011
Subject: Pantops Ridge (ZMA20100001)
Revision 4, comments of 5 Apr 2011
Revision 4 added proffer Lf to address the need for an updated traffic study (item 4 below). This
is not a substitute for the analysis and assessment of impacts for the commission and board, which
happens with a traffic study during the rezoning review. The study may identify issues or impacts
not addressed by the list of items, and may contain information which the commission and board
should weigh in making a decision. Furthermore, it is written to leave the determination of
impacts and improvements up to a "study ", or in other words, a consultant for the applicant.
Determinations need to be left up to the board. It does not contemplate a phasing of the
development, or possible revisions to the development or the study, which are likely. Lastly, it
references the same terms for possible off -site improvements as the Hansens Mountain road
relocation, which staff does not recommend.
Revision 3, comments of 18 Feb 2011
I could not find that any of the previous comments were addressed such that I would change my
recommendations. See items 1 -4 below.
Revision 2, comments of 26 Oct 2010
1. In regard to the proposed Hansens Mountain road relocation, it is not recommended that the
County be placed in the position of obtaining right -of -way and easements for this project. The
plan shows that right -of -way acquisition is necessary for a bend in Viewmont Court and on either
side of Glenorchy Drive. It is expected that further easements will be required for drainage
improvements not shown on the exhibit provided, as well as temporary easements for construction.
2. Changing Glenorchy Drive and Viemont Court from rural dead -end neighborhood roads into a
minor or major collector road will have a significant impact which may not necessarily be reflected
in the current traffic counts and road centerline design information. This impact may be
significant with future growth on the collector road. See item 3 for mitigation.
3. It is also noted that this road makes a long straight -away, terminating in a series of tight curves.
While VDOT may see fit to grant a waiver for this curvature, it is not an inherently safe situation,
as evidenced by the fact that VDOT is asking for traffic calming measures before the series of
curves. This and item 2 may be mitigated by smoothing out the curves and intersection at
Glenorchy Drive, making this the primary route (no left turn at Glenorchy to get to Rt. 250), which
would create the need for more right -of -way for those lots adversely impacted.
4. A traffic study is recommended to ascertain the lane improvements necessary on all sides of the
Albemarle County Community Development
Engineering Review comments
Page 2 of 2
traffic signal with the proposed development and road relocation. All necessary improvements
should be provided.
Revision 1, comments of 15 Apr 2010;
The letter and revised proffers have been reviewed.
In regard to the proposed Hansens Mountain road relocation, it is not recommended that the County be
placed in the position of obtaining right -of -way and easements for this project. In addition, with other
rezonings bonding of road improvements has not been a successful method of having improvement in
place at the time of occupancy. It is recommended that all right -of -way and easements be obtained by
the developer prior to plan approvals, and all necessary infrastructure be completed prior to certificates
of occupancy for half the units. Plans for the Hansens Mountain road relocation should be modified to
include removal of the existing road portion, right -of -way vacations, removal of the median opening
and turn lanes on Rt. 250, and the addition of lanes through the intersection of
Glenorchy/PeterJeffersonWay /250 as called for in the previous traffic studies.
Original comments of 17 Feb 2010;
I have emailed VDOT and Rebecca about the possibility of a traffic study, and clarifying the proffered
road alignment and necessary work on Rt. 250 as well as right -of -way acquisitions necessary to build
this road. The application itself contains no plan, and so there is nothing further for engineering to
review.
file: E6_zma_GEB PantopsRidge
*-&A
County of Albemarle
Department of Community Development
Memorandum
To: Rebecca Ragsdale, Senior Planner
From: Glenn Brooks, County Engineer
Date: 18 Feb 2011
Subject: Pantops Ridge (ZMA20100001)
Revision 3;
I could not find that any of the previous comments were addressed such that I would change my
recommendations. See items 1 -4 below.
Revision 2, comments of 26 Oct 2010
1. In regard to the proposed Hansens Mountain road relocation, it is not recommended that the
County be placed in the position of obtaining right -of -way and easements for this project. The
plan shows that right -of -way acquisition is necessary for a bend in Viewmont Court and on either
side of Glenorchy Drive. It is expected that further easements will be required for drainage
improvements not shown on the exhibit provided, as well as temporary easements for construction.
2. Changing Glenorchy Drive and Viemont Court from rural dead -end neighborhood roads into a
minor or major collector road will have a significant impact which may not necessarily be reflected
in the current traffic counts and road centerline design information. This impact may be
significant with future growth on the collector road. See item 3 for mitigation.
It is also noted that this road makes a long straight -away, terminating in a series of tight curves.
While VDOT may see fit to grant a waiver for this curvature, it is not an inherently safe situation,
as evidenced by the fact that VDOT is asking for traffic calming measures before the series of
curves. This and item 2 may be mitigated by smoothing out the curves and intersection at
Glenorchy Drive, making this the primary route (no left turn at Glenorchy to get to Rt. 250), which
would create the need for more right -of -way for those lots adversely impacted.
4. A traffic study is recommended to ascertain the lane improvements necessary on all sides of the
traffic signal with the proposed development and road relocation. All necessary improvements
should be provided.
Revision 1, comments of 15 Apr 2010;
The letter and revised proffers have been reviewed.
In regard to the proposed Hansens Mountain road relocation, it is not recommended that the County be
placed in the position of obtaining right -of -way and easements for this project. In addition, with other
rezonings bonding of road improvements has not been a successful method of having improvement in
place at the time of occupancy. It is recommended that all right -of -way and easements be obtained by
the developer prior to plan approvals, and all necessary infrastructure be completed prior to certificates
of occupancy for half the units. Plans for the Hansens Mountain road relocation should be modified to
Albemarle County Community Development
Engineering Review comments
Page 2 of 2
include removal of the existing road portion, right -of -way vacations, removal of the median opening
and turn lanes on Rt. 250, and the addition of lanes through the intersection of
Glenorchy/PeterJeffersonWay /250 as called for in the previous traffic studies.
Original comments of 17 Feb 2010;
I have emailed VDOT and Rebecca about the possibility of a traffic study, and clarifying the proffered
road alignment and necessary work on Rt. 250 as well as right -of -way acquisitions necessary to build
this road. The application itself contains no plan, and so there is nothing further for engineering to
review.
file: E4_zma_GEB_PantopsRidge
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
November 17, 2010
Ms. Valerie W. Long
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, Virginia 22902
RE: ZMA 10 -01 Pantops Ridge
3rd Review Comment Letter on rezoning submittal received October 18, 2010
Dear Valerie:
Thank you for the recent submittal of additional information in response to comments sent to
you in May.
The County provided you initial review comments for this project on March 5, 2010 in response
to the Pantops Ridge rezoning submitted in January.
The resubmittal received by the County on October 18 included the response letter, revised
proffers, and road alignment exhibit, which have been reviewed. No concept /application plan
has been provided. The latest information reviewed provides a response to some of the issues
raised in the last review comment letter, including the additional provisions for Hansen Mountain
Road relocation, mix of housing types, Monticello viewshed protection, and the greenway trail.
You will see in the comments provided below that staff continues to believe that the proposed
density is inconsistent with the Pantops Master Plan and additional information and evaluation
of impacts of the proposal are needed along with revisions to proffers. Also needed and as
previously requested are transportation impact analysis, assurances that the Hansen Mountain
Road relocation can be accomplished, and other recommendations of the master plan and
County policy.
Detailed Comments are provided below. More detailed comments may be provided at a
later date if a plan or requested items are provided,
ENSIVE P
PANTOPS MASTER PLAN
Density
The Pantops Master Plan recommends a total of approximately 305 units. This equates to
roughly 8 units per acre on the property. A more liberal application of the Pantops Master Plan
could allow for approximately 395 units or 10 dwellings per acre. As a result staff cannot
recommend approval for density of 15 units per acre.
Mix of Housing Types
Thank you for the proffer submitted to provide a mix of housing types to include single family
detached, townhouses /single family attached, and apartments. This proffer, however, has no
mechanism for enforcement. Also there is no commitment for single family dwellings as the
predominant unit type, nor a commitment to locate the townhouses and multifamily units in the
area shown for urban density on the Pantops Master Plan. Please see additional comments in
the proffer section.
Greenspace and Trail
The master plan designates portions of the property as Greenspace and recommends
Greenspace along the eastern property line to protect environmental features of the site and to
provide a buffer between the development area and rural area boundary. Measures for
protection have not been provided. Additionally it has been brought to my attention that there
has already been some disturbance in this area of the property and that a WPO has been
approved for this portion of the site. While a proffer has been made for a "buffer ", clarity is
needed in terms of what you are actually proposing.
• A central greenspace focal point is shown on the Pantops Master Plan central to this site
which has also not been addressed with this project.
• Comments regarding the trail are included in the Proffer comments section of this letter.
Monticello Viewshed
Staff appreciates your willingness to work with the Thomas Jefferson Foundation to address
Monticello viewshed protection recommendations of the master plan. Staff has asked Monticello
for any additional comments on the most recent proffers you have submitted and will send this
information to you when we receive it.
TRANSPORTATION
Traffic Impact Analysis
While staff sees that the applicant does not wish to provide a traffic study, staff still recommends
that one be completed to ascertain the lane improvements necessary on all sides of the traffic
signal with the proposed development and road relocation. All necessary improvements should
be provided.
Hansen Mountain Road Relocation
Although the applicant has provided additional information, there are still outstanding issues
related to the widening of Glenorchy Drive and the extension of Viewmont Court which becomes
a relocated Hansen Mountain Road. First, the proffers indicate that the owner expects the
County to acquire property and easements necessary to make the road improvements. This is
an. unrealistic expectation given the need for the road improvement is largely generated by the
developer. At a minimum, the applicant should proffer to acquire the easements and r.o.w. for
the improvements. He may want to proffer that if he is not successful in acquiring the
easements and r.o.w., he will ask the County to acquire the r.o.w. and easements.
Such a proffer for the County to acquire the r.o.w. and easements may or may not be successful
with the Board of Supervisors. As you know, Proffer 1(b): The cash contribution to acquire any
needed right -of -way is based on the Albemarle Place proffers, and used in subsequent rezoning
as well. The difference between this project and the other projects where this language was
used is that right -of -way for those other projects was in commercial areas and, in most cases,
2
was a strip of land along Route 29 (with the exception being the 7 -11 parcel for Albemarle Place
improvements. The right -of -way to be acquired in this case would be through a residential area.
The Board has not accepted any proffers indicating a willingness to acquire land for a residential
development. More comments relative to the proffers are found in the "Proffers" section below.
Specific comments related to the relocation of the road are provided by the County Engineer:
The plan shows that right -of -way acquisition is necessary for a bend in Viewmont Court
and on either side of Glenorchy Drive. It is expected that further easements will be
required for drainage improvements not shown on the exhibit provided, as well as
temporary easements for construction.
Changing Glenorchy Drive and Viewmont Court from rural dead -end neighborhood
roads into a minor or major collector road will have a significant impact which may not
necessarily be reflected in the current traffic counts and road centerline design
information. This impact may be significant with future growth on the collector road. See
the following bulleted item for mitigation.
It is also noted that this road makes a long straight -away, terminating in a series of tight
curves. Although VDOT may grant a waiver for this curvature, it is not an inherently safe
situation, as evidenced by the fact that VDOT is asking for traffic calming measures
before the series of curves. This and item 2 may be mitigated by smoothing out the
curves and intersection at Glenorchy Drive, making this the primary route (no left turn at
Glenorchy to get to Rt. 250), which would create the need for more right -of -way for those
lots adversely impacted.
Transit
The Pantops Master Plan recommends the following regarding transit:
• Encourage new development to contribute to funding transit services to offset the
cost of service and to reduce traffic impacts of development proposals.
• Ensure new development is transit ready.
This issue remains unaddressed.
PROFFERS
Staff has reviewed the revised proffers submitted and comments are provided below for Proffers
1 -6 and there are no comments on Proffer 7. Additional proffers could address some issues
raised or impacts of the development.
• Proffer 1- Hansen Mountain Road relocation - Proffer 1c should contain a provision that if
bonded, the road will be constructed to a certain point.
The timing of road construction proposed in the proffers is not recommended. With other
rezonings, bonding of road improvements has not been a successful method of having
improvements in place at the time of occupancy of residential units. It is recommended
that all right -of -way and easements be obtained by the developer prior to plan approvals,
and all necessary infrastructure be completed prior to certificates of occupancy. This
proffer needs to address when the road must be submitted for acceptance into the state
highway system.
The following proffer was made in a prior rezoning which indicates the County's
preference for timing of the road relocation:
Unless sooner required by VDOT as a condition of site plan approval, the Avon Street
Improvements shall be constructed, bonded and ready to be recommended by the
Albemarle County Board of Supervisors for acceptance into the public system, and the
County Engineer shall have determined that the roadway is safe and convenient for
traffic as a condition of issuance of the first certificate of occupancy within the Property.
• Proffer 2- Density of Project -This proffer cannot be accepted because at R -15 density no
more than 15 dwelling units per acre is allowed. Proffers cannot modify ordinance
requirements. A proffer that just limits the maximum number of units could be
acceptable.
• Proffer 3- Mixture of Housing Types- This proffer must include a specific percentage or
number of unit types by housing type proposed within the development if it is to have
value.
• Proffer 4- Architectural Standards - Staff appreciates your offer to be sensitive to the
Monticello viewshed. The architectural proffers however, need better clarity for actual
enforcement. Two proffers which have been accepted by the County are attached. At a
minimum, the following changes are needed.
1. Roof Color - This proffer must contain more description for the roof color -other than
"dark."
2. Clarify what is meant by neutral colors.
3. Architectural proffers should relate to external building surfaces.
4. Clarify what is meant by white materials will be minimized. Provide more details.
5. Clarify the intent of the lighting proffer. Is all lighting to be subject to the lighting
standards? Is only lighting over 3,000 lumens subject to the proffer? If this refers to
the lighting standards then it does not appear to be necessary.
Proffer 5- Trail Easement- Staff suggests that Proffer 5 provide for the trail to be
dedicated in fee simple in conjunction with an adjacent plan; not at request of the
County. If done separate from another plan, the Applicant should be responsible for all
fees associated with dedication. Additionally, the Applicant should construct the trail.
Proffer 6 does not offer any standard for the trail easement. No dimension is proposed.
Further the area is very steep and offers limited functionality for a trail. Does this serve a
public purpose? This appears to rely on off -site grading, therefore, we advise that letters
of intent from the relevant property owners be provided. Define more clearly the trail
location. It is difficult to understand what is meant by closest to the power line?
• Proffer 6 —What is actually proposed? Are you really offering a setback rather than a
buffer?
• Please label all Exhibits.
Previous comments not addressed in proffers:
The following items remain unaddressed. Staff recognizes that we may need to agree to
disagree on these items, however, they relate to County policies and must be acknowledged.
Affordable Housing
The County's Affordable Housi
recommends that at a minimum, 15% of all units
developed under rezoning and special use permits should be affordable as defined by the
County's Office of Housing and Housing Committee or a comparable contribution should be
made to achieve the affordable housing goals of the County. Sample proffer language can be
provided.
Cash Proffer Policy for Public Facilities
The County's cash proffer policy addresses public facilities that will be funded by cash proffers:
schools, transportation, parks, libraries and public safety It is the policy of the County to require
that the owner of property that is rezoned for residential uses to provide cash proffers equivalent
to the proportional value of the public facilities deemed necessary to serve the proposed
development on the property. Accordingly, the Board will accept cash proffers for rezoning
requests that permit residential uses in accordance with this policy. However, the Board may
also accept cash, land or in -kind improvements in accordance with County and State law to
address the impacts of the rezoning. The updated cash proffer amounts, per dwelling unit, for
CY 2009 consistent with the policy are as follows:
Single Family Detached (SFD) _ $18,700.00;
Single Family Attached/Townhouse (SFA/TH) _ $12,700.00; and
Multifamily (MF) _ $13,200.00.
Sample proffer language can be provided.
It is possible that the Board may attribute monetary value to your acquisition of r.o.w. and
construction of the relocated road entrance. If so, the Board may decide that a lower cash
proffer amount is acceptable.
ADDITIONAL COMMENTS FROM ZONING
• Without further information as to the location of improvements and critical slopes, it is not
possible to conduct a critical slopes analysis and recommendation at this time. In
addition, the WPO buffers will impact the area for development. Therefore, the applicant
may not be able to achieve the full anticipated density.
COMMENTS FROM CURRENT DEVELOPMENT
• No plan is associated with this application; therefore, it is difficult to determine what
issues may come up during the site plan review.
• Concerns remain regarding the whether the road relocation will occur.
NEIGHBORHOOD MODEL
As discussed in the previous comment letter, since no plan has been provided, staff cannot
evaluate the proposal for conformity with all 12 Principles of the Neighborhood Model. Based on
the information that has been provided, we previously listed several Neighborhood Model
principles that should be addressed. The following comments still have not been adequately
addressed:
• Pedestrian Orientation - Sidewalks and street trees should be provided on new roads
constructed.
• Transportation Networks and Interconnected Streets- Provision for the "optional roadway"
shown on the master plan should be made.
• Site Planning that Respects Terrain -No information has been provided on proposed
grading.
• Clear boundaries with the Rural Areas- Recommendations of the Pantops Master Plan
regarding treatment of the RA boundary should be incorporated into this development
proposal. No information on special treatment of this boundary has been provided.
ENTRANCE CORRIDOR
Previous comments still apply: It is anticipated that a residential development on the subject
parcels could be appropriately designed to meet the Entrance Corridor guidelines. The submittal
materials do not provide a level of detail that allows for any further review or comment based on
those guidelines.
Albemarle County Service Authority (ACSA) & Rivanna Water & Sewer Authority (RWSA)
The following previous comments from ACSA still remain:
With the data that we have in hand, there are capacity issues for several runs of sewer pipes
downstream from this project. They will have to be upgraded to accept the projected flows from
the proposed 562 units.
RESUBMITTAL OR PUBLIC HEARING
State law and County ordinance direct that action on a rezoning 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 this 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, OR
• Request indefinite deferral and state your justification for requesting the deferral.
If you 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.
You have indicated that you are ready to go to public hearing. With the holidays fast
approaching, we will contact you regarding a date for a public hearing with the Planning
Commission.
Please feel free to contact me if you wish to meet or need additional information at (434) 296-
5832 ext.3250 or cqrant _albemarle.org
Sincerely,
Claudette Grant
Senior Planner
�� OF ALg�
.1 �IRGINI�r..
County of Albemarle
rtment of Communitv Development
Memorandum
To: Claudette Grant, Senior Planner
From: Amelia McCulley, Zoning Administrator
Division: Zoning
Date: November 10, 2010
Subject: ZMA 2010 -01 Pantops Ridge — 2nd Zoning comments
I have reviewed the second submittal and have the following comments and questions:
1. [My first comment from my prior review is still not addressedl Without further information
as to the location of improvements and critical slopes, it is not possible to conduct a critical
slopes analysis and recommendation at this time. In addition, the WPO buffers will impact the
area for development. Therefore, the applicant may not be able to achieve the full anticipated
density.
2. fMy fourth comment from my prior review is still not addressed. The proffer would have
the County obtain this approval. This action would be unusual and would need to serve
a public purpose (see 3rd comment.) Because it appears that this proposal relies on off -site
grading, we advise that letters of intent from the relevant property owners be provided.
3. fA portion of my seventh comment from my prior review is still not addressed.) The
proffer relating to Hansen's Mountain Road relocation ( #1) needs to be rewritten to better
address when the road must be submitted for acceptance into the state highway system. The
current proffer relies on the County of VDOT obtaining required r -w and allows issuance of a
building permit before this is done. In addition, while the proffer addresses construction, it
does not address when it must be submitted for acceptance into the state system.
4. Proffer #2 needs to correct the number of dwelling units to 566 or change the number in other
documents.
5. Proffer #3 does not provide any number or mix for the different types of dwellings.
6. Proffer #4 uses vague language ( "minimized," "predominate ") which will be difficult to
administer, but I defer to the Design Planner. It also does not address colors, just materials.
7. Proffer #5 does not appear to use the proper trail width. Please check with Parks and
Recreation to see if we want this trail to be dedicated to public use.
8. Proffer #6 appears to be incorrectly worded (buffer rather than setback) and talks only about
setback. Is it consistent with the WPO? What about setbacks for parking? Is there an intent
to limit disturbance or require new plantings?
*-&A
County of Albemarle
Department of Community Development
Memorandum
To: Rebecca Ragsdale, Senior Planner
From: Glenn Brooks, County Engineer
Date: 26 Oct 2010
Subject: Pantops Ridge (ZMA20100001)
Revision 2;
1. In regard to the proposed Hansens Mountain road relocation, it is not recommended that the
County be placed in the position of obtaining right -of -way and easements for this project. The
plan shows that right -of -way acquisition is necessary for a bend in Viewmont Court and on either
side of Glenorchy Drive. It is expected that further easements will be required for drainage
improvements not shown on the exhibit provided, as well as temporary easements for construction.
2. Changing Glenorchy Drive and Viemont Court from rural dead -end neighborhood roads into a
minor or major collector road will have a significant impact which may not necessarily be reflected
in the current traffic counts and road centerline design information. This impact may be
significant with future growth on the collector road. See item 3 for mitigation.
It is also noted that this road makes a long straight -away, terminating in a series of tight curves.
While VDOT may see fit to grant a waiver for this curvature, it is not an inherently safe situation,
as evidenced by the fact that VDOT is asking for traffic calming measures before the series of
curves. This and item 2 may be mitigated by smoothing out the curves and intersection at
Glenorchy Drive, making this the primary route (no left turn at Glenorchy to get to Rt. 250), which
would create the need for more right -of -way for those lots adversely impacted.
4. A traffic study is recommended to ascertain the lane improvements necessary on all sides of the
traffic signal with the proposed development and road relocation. All necessary improvements
should be provided.
Revision 1, comments of 15 Apr 2010;
The letter and revised proffers have been reviewed.
In regard to the proposed Hansens Mountain road relocation, it is not recommended that the County be
placed in the position of obtaining right -of -way and easements for this project. In addition, with other
rezonings bonding of road improvements has not been a successful method of having improvement in
place at the time of occupancy. It is recommended that all right -of -way and easements be obtained by
the developer prior to plan approvals, and all necessary infrastructure be completed prior to certificates
of occupancy for half the units. Plans for the Hansens Mountain road relocation should be modified to
include removal of the existing road portion, right -of -way vacations, removal of the median opening
and turn lanes on Rt. 250, and the addition of lanes through the intersection of
Glenorchy/PeterJeffersonWay /250 as called for in the previous traffic studies.
Albemarle County Community Development
Engineering Review comments
Page 2 of 2
Original comments of 17 Feb 2010;
I have emailed VDOT and Rebecca about the possibility of a traffic study, and clarifying the proffered
road alignment and necessary work on Rt. 250 as well as right -of -way acquisitions necessary to build
this road. The application itself contains no plan, and so there is nothing further for engineering to
review.
file: E3_zma_GEB_PantopsRidge.doc
vIRGIN�
County of Albemarle
Department of Community Development
Memorandum
To:
Rebecca Ragsdale
From:
Bill Fritz
Division:
Current Development
Date:
April 21, 2010
Subject:
ZMA 2010 — 01 Pantops Ridge
I have reviewed the submitted information and offer the following comments:
The proposed road realignment exhibit indicates the need for easements or even right of way from other parties.
This alignment is similar to that discussed during the review of the Gazebo Plaza development. In light of past
concerns stated by individuals in the Glenorchy development I believe it would be unwise to proceed with this
proposed road without input from those affected property owners. Without the proposed road the transportation
impacts do not appear to be addressed. Without verification that the necessary easements and right of way can be
obtained I would not recommend approval of this rezoning.
The design of the relocated road is not clear. For example is this a rural or urban cross section? Are sidewalks
and street trees proposed?
Proffer 2 cannot be accepted. The proposed rezoning is R -15 and density cannot be exceeded. Proffers cannot
modify ordinance requirements.
Proffer 5 needs clarification. Is the intent that all lighting be subject to the lighting standards? Is only lighting
over 3,000 lumens subject to the proffer?
Proffer 6 does not offer any standard for the trail easement. No dimension is proposed. Further the area is very
steep and offers limited functionality for a trail.
It is likely that a critical slopes waiver will be required in order to develop this property. Without a plan to review
I am unable to provide any detailed comments.
ZMA 2010 -00001 — Pantops Ridge
Board of Supervisors Public Hearing April 20, 2011
Summary of Changes
-Proffer 1 (e): Landscaping -The latest revision allowing the owners to select the plant species is
helpful; although, the applicant has not addressed how $5,000 of landscaping per lot will
achieve the intended purpose.
-Proffer 1(f): We recommend that the proffer identify the minimum standards and scope that
would apply to the traffic study, i.e., whether it will be a TIA that meets the VDOT requirements
for a TIA at the site plan /subdivision plat stage or something else. The first sentence of Proffer
1(f) states that the TIA will be conducted "for such plat or plan." This is somewhat confusing.
Does this mean that the TIA will analyze only the impacts from that plat or plan? However, the
proffer later states that the TIA would determine which improvements are "necessitated by the
construction of the Relocated Road and /or the development of the Project," the "for such plat or
plan" clause appears to define the scope of the TIA and therefore, arguably, creates an
ambiguity.
According to the proposed use and ITE trip generation, this site will generate 3,290 vehicles per
day (VPD) and 319 vehicles per hour (VPH) for the peak hour of the day. These projections
meet the threshold for a Chapter 527 TIA study as required by Virginia Administrative Code 24
VAC 30 -155. The previous traffic study submitted by Draper Aden Associates dated May 18,
2006 does not meet the minimum requirements of the code for the reasons listed in the VDOT
comments sent to Albemarle County from VDOT by e -mail dated April 21, 2010. Section 15.2-
2222.1 of the Code of Virginia requires localities to submit traffic impact statements to VDOT
that will substantially affect transportation on state - controlled highways with rezoning requests.
Section 24 VAC 30- 155 -40 of the Virginia Administrative code lists the thresholds for rezoning
requests that are considered to substantially affect transportation of state - controlled highways.
The request for a traffic impact study was requested by VDOT in a previous letter to Albemarle
County in response to the February 2010 rezoning requests.
The submitted exhibit A with the proffer revisions is not a road plan and lacks engineering
drawings or analysis that are needed to determine that the proposed improvements are
adequate. These concerns were sent to Mr. Richard Spurzem by e-mail dated June 24, 2008
and later sent to Albemarle County on April 21, 2010. Items that may be necessary for the plan
that are excluded or unclear from exhibit A are the following:
a. There is no vertical alignment or limits of construction for the relocation of Hansen
Mountain Road.
A capacity and LOS analysis of the intersection at Glenorchy Dr. and Route 250 has not
been submitted. The layout of proposed Glenorchy Dr. cannot be adequately reviewed for
capacity of lane storage. Left, through or right turn lane storage lengths may need to be
increased based on capacity needs.
c. The proposed right turn lane from Route 250 west into Glenorchy should show the limits of
construction to ensure the improvement can be made within the right of way.
d. The proposed additional left turn lane from Route 250 eastbound to Glenorchy does not
have any dimensions shown and its storage and deceleration lengths need to be
determined by an intersection analysis. The addition of the lane into the median will
require a modification to the existing graded median and the existing ditch.
e. The proposed 350 foot acceleration lane on Route 250 west will need additional right of
way.
Traffic signal modifications will be necessary to accommodate the additional lanes. These
improvements are not addressed in Exhibit A or in the proposed proffers. Also, additional signal
heads will be necessary with the widening of Route 250 and Glenorchy Dr.
In addition, proffer 1(f) does not contemplate a phasing of the development, or possible
revisions to the development or the study, which are likely. Lastly, it references the same terms
for possible off -site improvements as the Hansens Mountain road relocation, which staff does
not recommend.
-Proffer 1(g): This comment is related to the last comment to Proffer 1(f) above — It is possible
that VDOT could determine some other off -site road or traffic improvement that is needed to get
an entrance permit? For example, if VDOT required, for example, that a slope be shaved,
however slightly, to address a sight distance issue for the entrance permit, the obligation to
construct the Relocated Road would disappear.
-Proffer 3: What is "full build out "? Is full build -out when building permits for 399 dwelling units
have been issued or when site plans or subdivision plats covering the entire developable portion
of the project have been approved? For example, if it's the former, then the proffer doesn't
apply if only 398 building permits are obtained /units are built on the site.
Also, while the revision addresses the mix, it does not address the allocation or phasing, if that
is important. So for example, the applicant could build all the single family attached (or
detached) at first.
-Proffer 4: Architectural Standards —This proffer does not explain if or who will review or enforce
this for the County. In addition, the language is overly broad and would be difficult to enforce.
-Proffer 5: Trail Easement — Using the revised 201 t" unit as one of the end -point triggers is
significantly later than staff recommends. Even though the Zoning Ordinance Section 4.16.3.3
requires completion of recreational facilities no later than when 50% of the units have received a
certificate of occupancy, this requirement would still apply and is not being requested for
waiver /modification. We suggest revising the proffer to refer to this Ordinance section (as
completion no later than). Section 4.16.3.3 Recreational facilities shall be completed when fifty
(50) percent of the units have received certificates of occupancy.
-Proffer 7: Green Space —This reference is not applicable for a conventional R15 rezoning. In
addition, assuming the applicant will be doing cluster development — the minimum requirement
will be for 25% open space, not 15 %.
OF A�
`�RGIN�P
County of Albemarle
Department of Community Development
Memorandum
To: Rebecca Ragsdale, Senior Planner
From: Glenn Brooks, County Engineer
Date: 26 Oct 2010
Subject: Pantops Ridge (ZMA20100001)
Revision 2;
1. In regard to the proposed Hansens Mountain road relocation, it is not recommended that the
County be placed in the position of obtaining right -of -way and easements for this project. The
plan shows that right -of -way acquisition is necessary for a bend in Viewmont Court and on either
side of Glenorchy Drive. It is expected that further easements will be required for drainage
improvements not shown on the exhibit provided, as well as temporary easements for construction.
2. Changing Glenorchy Drive and Viemont Court from rural dead -end neighborhood roads into a
minor or major collector road will have a significant impact which may not necessarily be reflected
in the current traffic counts and road centerline design information. This impact may be
significant with future growth on the collector road. See item 3 for mitigation.
3. It is also noted that this road makes a long straight -away, terminating in a series of tight curves.
While VDOT may see fit to grant a waiver for this curvature, it is not an inherently safe situation,
as evidenced by the fact that VDOT is asking for traffic calming measures before the series of
curves. This and item 2 may be mitigated by smoothing out the curves and intersection at
Glenorchy Drive, making this the primary route (no left turn at Glenorchy to get to Rt. 250), which
would create the need for more right -of -way for those lots adversely impacted.
4. A traffic study is recommended to ascertain the lane improvements necessary on all sides of the
traffic signal with the proposed development and road relocation. All necessary improvements
should be provided.
Revision 1, comments of 15 Apr 2010;
The letter and revised proffers have been reviewed.
In regard to the proposed Hansens Mountain road relocation, it is not recommended that the County be
placed in the position of obtaining right -of -way and easements for this project. In addition, with other
rezonings bonding of road improvements has not been a successful method of having improvement in
place at the time of occupancy. It is recommended that all right -of -way and easements be obtained by
the developer prior to plan approvals, and all necessary infrastructure be completed prior to certificates
of occupancy for half the units. Plans for the Hansens.Mountain road relocation should be modified to
include removal of the existing road portion, right -of -way vacations, removal of the median opening
and turn lanes on Rt. 250, and the addition of lanes through the intersection of
Glenorchy/PeterJeffersonWay /250 as called for in the previous traffic studies.
Attachment H
Albemarle County Community Development
Engineering Review comments
Page 2 of 2
Original comments of 17 Feb 2010;
I have emailed VDOT and Rebecca about the possibility of a traffic study, and clarifying the proffered
road alignment and necessary work on Rt. 250 as well as right -of -way acquisitions necessary to build
this road. The application itself contains no plan, and so there is nothing further for engineering to
review.
ZMA 2010 -00001 Pantops Ridge — Technical and Substantive Proffer Changes Needed
Proffer 1- Hansen Mountain Road relocation - Proffer 1c should contain a provision that if
bonded, the road will be constructed to a certain point.
The timing of road construction proposed in the proffers is not recommended. With other
rezonings, bonding of road improvements has not been a successful method of having
improvements in place at the time of occupancy of residential units. It is recommended that all
right -of -way and easements be obtained by the developer prior to plan approvals, and all
necessary infrastructure be completed prior to certificates of occupancy. This proffer needs to
address when the road must be submitted for acceptance into the state highway system.
The following proffer was made in a prior rezoning which indicates the County's
preference for timing of the road relocation:
Unless sooner required by VDOT as a condition of site plan approval, the Avon Street
Improvements shall be constructed, bonded and ready to be recommended by the Albemarle
County Board of Supervisors for acceptance into the public system, and the
County Engineer shall have determined that the roadway is safe and convenient for traffic as a
condition of issuance of the first certificate of occupancy within the Property.
- Proffer 2- Density of Project -This proffer cannot be accepted because at R -15 density no
more than 15 dwelling units per acre is allowed. Proffers cannot modify ordinance requirements.
A proffer that just limits the maximum number of units could be acceptable.
- Proffer 3- Mixture of Housing Types- This proffer must include a specific percentage or
number of unit types by housing type proposed within the development if it is to have value.
- Proffer 4- Architectural Standards - The architectural proffers need better clarity for actual
enforcement. At a minimum, the following changes are needed.
1. Roof Color - This proffer must contain more description for the roof color -other than
"dark."
2. Clarify what is meant by neutral colors.
3. Architectural proffers should relate to external building surfaces.
4. Clarify what is meant by white materials will be minimized. Provide more details.
5. Clarify the intent of the lighting proffer. Is all lighting to be subject to the lighting standards? Is
only lighting over 3,000 lumens subject to the proffer? If this refers to the lighting standards then
it does not appear to be necessary.
- Proffer 5 -Trail Easement- Staff suggests that Proffer 5 provide for the trail to be
dedicated in fee simple in conjunction with an adjacent plan; not at request of the
County. If done separate from another plan, the Applicant should be responsible for all
fees associated with dedication. Additionally, the Applicant should construct the trail.
Clarify the standard for the trail easement. No dimension is proposed. The area is very steep
and offers limited functionality for a trail. Define more clearly the trail location. It is difficult to
understand what is meant by closest to the power line? There may be a need for off -site grading
and there is no plan or commitment regarding how permission would be acquired from the off -
site property owners. Letters of intent from the relevant property owners need to be provided.
Will the trail serve a public purpose?
- Proffer 6- Buffer Along Culpeper Branch - What is actually proposed? Is this a setback
rather than a buffer?
- All Exhibits need to be labeled.
Attachment J
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
November 17, 2010
Ms. Valerie W. Long
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, Virginia 22902
RE: ZMA 10 -01 Pantops Ridge
3rd Review Comment Letter on rezoning submittal received October 18, 2010
Dear Valerie:
Thank you for the recent submittal of additional information in response to comments sent to
you in May.
The County provided you initial review comments for this project on March 5, 2010 in response
to the Pantops Ridge rezoning submitted in January.
The resubmittal received by the County on October 18 included the response letter, revised
proffers, and road alignment exhibit, which have been reviewed. No concept /application plan
has been provided. The latest information reviewed provides a response to some of the issues
raised in the last review comment letter, including the additional provisions for Hansen Mountain
Road relocation, mix of housing types, Monticello viewshed protection, and the greenway trail.
You will see in the comments provided below that staff continues to believe that the proposed
density is inconsistent with the Pantops Master Plan and additional information and evaluation
of impacts of the proposal are needed along with revisions to proffers. Also needed and as
previously requested are transportation impact analysis, assurances that the Hansen Mountain
Road relocation can be accomplished, and other recommendations of the master plan and
County policy.
Detailed Comments are provided below. More detailed comments may be provided at a
later date if a plan or requested items are provided,
ENSIVE P
PANTOPS MASTER PLAN
Density
The Pantops Master Plan recommends a total of approximately 305 units. This equates to
roughly 8 units per acre on the property. A more liberal application of the Pantops Master Plan
could allow for approximately 395 units or 10 dwellings per acre. As a result staff cannot
recommend approval for density of 15 units per acre.
Mix of Housing Types
Thank you for the proffer submitted to provide a mix of housing types to include single family
detached, townhouses /single family attached, and apartments. This proffer, however, has no
mechanism for enforcement. Also there is no commitment for single family dwellings as the
predominant unit type, nor a commitment to locate the townhouses and multifamily units in the
area shown for urban density on the Pantops Master Plan. Please see additional comments in
the proffer section.
Greenspace and Trail
The master plan designates portions of the property as Greenspace and recommends
Greenspace along the eastern property line to protect environmental features of the site and to
provide a buffer between the development area and rural area boundary. Measures for
protection have not been provided. Additionally it has been brought to my attention that there
has already been some disturbance in this area of the property and that a WPO has been
approved for this portion of the site. While a proffer has been made for a "buffer ", clarity is
needed in terms of what you are actually proposing.
• A central greenspace focal point is shown on the Pantops Master Plan central to this site
which has also not been addressed with this project.
• Comments regarding the trail are included in the Proffer comments section of this letter.
Monticello Viewshed
Staff appreciates your willingness to work with the Thomas Jefferson Foundation to address
Monticello viewshed protection recommendations of the master plan. Staff has asked Monticello
for any additional comments on the most recent proffers you have submitted and will send this
information to you when we receive it.
TRANSPORTATION
Traffic Impact Analysis
While staff sees that the applicant does not wish to provide a traffic study, staff still recommends
that one be completed to ascertain the lane improvements necessary on all sides of the traffic
signal with the proposed development and road relocation. All necessary improvements should
be provided.
Hansen Mountain Road Relocation
Although the applicant has provided additional information, there are still outstanding issues
related to the widening of Glenorchy Drive and the extension of Viewmont Court which becomes
a relocated Hansen Mountain Road. First, the proffers indicate that the owner expects the
County to acquire property and easements necessary to make the road improvements. This is
an. unrealistic expectation given the need for the road improvement is largely generated by the
developer. At a minimum, the applicant should proffer to acquire the easements and r.o.w. for
the improvements. He may want to proffer that if he is not successful in acquiring the
easements and r.o.w., he will ask the County to acquire the r.o.w. and easements.
Such a proffer for the County to acquire the r.o.w. and easements may or may not be successful
with the Board of Supervisors. As you know, Proffer 1(b): The cash contribution to acquire any
needed right -of -way is based on the Albemarle Place proffers, and used in subsequent rezoning
as well. The difference between this project and the other projects where this language was
used is that right -of -way for those other projects was in commercial areas and, in most cases,
2
was a strip of land along Route 29 (with the exception being the 7 -11 parcel for Albemarle Place
improvements. The right -of -way to be acquired in this case would be through a residential area.
The Board has not accepted any proffers indicating a willingness to acquire land for a residential
development. More comments relative to the proffers are found in the "Proffers" section below.
Specific comments related to the relocation of the road are provided by the County Engineer:
The plan shows that right -of -way acquisition is necessary for a bend in Viewmont Court
and on either side of Glenorchy Drive. It is expected that further easements will be
required for drainage improvements not shown on the exhibit provided, as well as
temporary easements for construction.
Changing Glenorchy Drive and Viewmont Court from rural dead -end neighborhood
roads into a minor or major collector road will have a significant impact which may not
necessarily be reflected in the current traffic counts and road centerline design
information. This impact may be significant with future growth on the collector road. See
the following bulleted item for mitigation.
It is also noted that this road makes a long straight -away, terminating in a series of tight
curves. Although VDOT may grant a waiver for this curvature, it is not an inherently safe
situation, as evidenced by the fact that VDOT is asking for traffic calming measures
before the series of curves. This and item 2 may be mitigated by smoothing out the
curves and intersection at Glenorchy Drive, making this the primary route (no left turn at
Glenorchy to get to Rt. 250), which would create the need for more right -of -way for those
lots adversely impacted.
Transit
The Pantops Master Plan recommends the following regarding transit:
• Encourage new development to contribute to funding transit services to offset the
cost of service and to reduce traffic impacts of development proposals.
• Ensure new development is transit ready.
This issue remains unaddressed.
PROFFERS
Staff has reviewed the revised proffers submitted and comments are provided below for Proffers
1 -6 and there are no comments on Proffer 7. Additional proffers could address some issues
raised or impacts of the development.
• Proffer 1- Hansen Mountain Road relocation - Proffer 1c should contain a provision that if
bonded, the road will be constructed to a certain point.
The timing of road construction proposed in the proffers is not recommended. With other
rezonings, bonding of road improvements has not been a successful method of having
improvements in place at the time of occupancy of residential units. It is recommended
that all right -of -way and easements be obtained by the developer prior to plan approvals,
and all necessary infrastructure be completed prior to certificates of occupancy. This
proffer needs to address when the road must be submitted for acceptance into the state
highway system.
The following proffer was made in a prior rezoning which indicates the County's
preference for timing of the road relocation:
Unless sooner required by VDOT as a condition of site plan approval, the Avon Street
Improvements shall be constructed, bonded and ready to be recommended by the
Albemarle County Board of Supervisors for acceptance into the public system, and the
County Engineer shall have determined that the roadway is safe and convenient for
traffic as a condition of issuance of the first certificate of occupancy within the Property.
• Proffer 2- Density of Project -This proffer cannot be accepted because at R -15 density no
more than 15 dwelling units per acre is allowed. Proffers cannot modify ordinance
requirements. A proffer that just limits the maximum number of units could be
acceptable.
• Proffer 3- Mixture of Housing Types- This proffer must include a specific percentage or
number of unit types by housing type proposed within the development if it is to have
value.
• Proffer 4- Architectural Standards - Staff appreciates your offer to be sensitive to the
Monticello viewshed. The architectural proffers however, need better clarity for actual
enforcement. Two proffers which have been accepted by the County are attached. At a
minimum, the following changes are needed.
1. Roof Color - This proffer must contain more description for the roof color -other than
"dark."
2. Clarify what is meant by neutral colors.
3. Architectural proffers should relate to external building surfaces.
4. Clarify what is meant by white materials will be minimized. Provide more details.
5. Clarify the intent of the lighting proffer. Is all lighting to be subject to the lighting
standards? Is only lighting over 3,000 lumens subject to the proffer? If this refers to
the lighting standards then it does not appear to be necessary.
Proffer 5- Trail Easement- Staff suggests that Proffer 5 provide for the trail to be
dedicated in fee simple in conjunction with an adjacent plan; not at request of the
County. If done separate from another plan, the Applicant should be responsible for all
fees associated with dedication. Additionally, the Applicant should construct the trail.
Proffer 6 does not offer any standard for the trail easement. No dimension is proposed.
Further the area is very steep and offers limited functionality for a trail. Does this serve a
public purpose? This appears to rely on off -site grading, therefore, we advise that letters
of intent from the relevant property owners be provided. Define more clearly the trail
location. It is difficult to understand what is meant by closest to the power line?
• Proffer 6 —What is actually proposed? Are you really offering a setback rather than a
buffer?
• Please label all Exhibits.
Previous comments not addressed in proffers:
The following items remain unaddressed. Staff recognizes that we may need to agree to
disagree on these items, however, they relate to County policies and must be acknowledged.
Affordable Housing
The County's Affordable Housi
recommends that at a minimum, 15% of all units
developed under rezoning and special use permits should be affordable as defined by the
County's Office of Housing and Housing Committee or a comparable contribution should be
made to achieve the affordable housing goals of the County. Sample proffer language can be
provided.
Cash Proffer Policy for Public Facilities
The County's cash proffer policy addresses public facilities that will be funded by cash proffers:
schools, transportation, parks, libraries and public safety It is the policy of the County to require
that the owner of property that is rezoned for residential uses to provide cash proffers equivalent
to the proportional value of the public facilities deemed necessary to serve the proposed
development on the property. Accordingly, the Board will accept cash proffers for rezoning
requests that permit residential uses in accordance with this policy. However, the Board may
also accept cash, land or in -kind improvements in accordance with County and State law to
address the impacts of the rezoning. The updated cash proffer amounts, per dwelling unit, for
CY 2009 consistent with the policy are as follows:
Single Family Detached (SFD) _ $18,700.00;
Single Family Attached/Townhouse (SFA/TH) _ $12,700.00; and
Multifamily (MF) _ $13,200.00.
Sample proffer language can be provided.
It is possible that the Board may attribute monetary value to your acquisition of r.o.w. and
construction of the relocated road entrance. If so, the Board may decide that a lower cash
proffer amount is acceptable.
ADDITIONAL COMMENTS FROM ZONING
• Without further information as to the location of improvements and critical slopes, it is not
possible to conduct a critical slopes analysis and recommendation at this time. In
addition, the WPO buffers will impact the area for development. Therefore, the applicant
may not be able to achieve the full anticipated density.
COMMENTS FROM CURRENT DEVELOPMENT
• No plan is associated with this application; therefore, it is difficult to determine what
issues may come up during the site plan review.
• Concerns remain regarding the whether the road relocation will occur.
NEIGHBORHOOD MODEL
As discussed in the previous comment letter, since no plan has been provided, staff cannot
evaluate the proposal for conformity with all 12 Principles of the Neighborhood Model. Based on
the information that has been provided, we previously listed several Neighborhood Model
principles that should be addressed. The following comments still have not been adequately
addressed:
• Pedestrian Orientation - Sidewalks and street trees should be provided on new roads
constructed.
• Transportation Networks and Interconnected Streets- Provision for the "optional roadway"
shown on the master plan should be made.
• Site Planning that Respects Terrain -No information has been provided on proposed
grading.
• Clear boundaries with the Rural Areas- Recommendations of the Pantops Master Plan
regarding treatment of the RA boundary should be incorporated into this development
proposal. No information on special treatment of this boundary has been provided.
ENTRANCE CORRIDOR
Previous comments still apply: It is anticipated that a residential development on the subject
parcels could be appropriately designed to meet the Entrance Corridor guidelines. The submittal
materials do not provide a level of detail that allows for any further review or comment based on
those guidelines.
Albemarle County Service Authority (ACSA) & Rivanna Water & Sewer Authority (RWSA)
The following previous comments from ACSA still remain:
With the data that we have in hand, there are capacity issues for several runs of sewer pipes
downstream from this project. They will have to be upgraded to accept the projected flows from
the proposed 562 units.
RESUBMITTAL OR PUBLIC HEARING
State law and County ordinance direct that action on a rezoning 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 this 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, OR
• Request indefinite deferral and state your justification for requesting the deferral.
If you 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.
You have indicated that you are ready to go to public hearing. With the holidays fast
approaching, we will contact you regarding a date for a public hearing with the Planning
Commission.
Please feel free to contact me if you wish to meet or need additional information at (434) 296-
5832 ext.3250 or cqrant _albemarle.org
Sincerely,
Claudette Grant
Senior Planner
vIRG���
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
May 5, 2010
Ms. Valerie W. Long
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, Virginia 22902
RE: ZMA 10 -01 Pantops Ridge
2nd Review Comment Letter on rezoning submittal received April 5, 2010 (sent
via e -mail April 3, 2010)
Dear Valerie:
The County provided you initial review comments for this project on March 5, 2010 in response
to the Pantops Ridge rezoning submitted in January. Thank you for the recent submittal of
additional information in response to comments sent to you in March. The response letter,
revised proffers, and road alignment exhibit have been reviewed. No concept /application plan
has been provided. The latest information reviewed provides a response to some of the issues
raised in the last review comment letter, including the additional provisions for Hansen Mountain
Road relocation, mix of housing types, Monticello viewshed protection, and the greenway trail.
However, staff believes that the proposed density is still inconsistent with the Pantops Master
Plan and additional information and evaluation of impacts of the proposal are needed or
revisions to proffers provided. This includes transportation impact analysis, assurances that the
Hansen Mountain Road relocation can be accomplished, and other recommendations of the
master plan and County policy.
Detailed Comments are provided below. More detailed comments may be provided at a
later date if a plan or requested items are provided.
COMPREHENSIVE PLAN
PANTOPS MASTER PLAN
Density
Staff believes the proposed rezoning would result in a higher density than is suggested by the
Pantops Master Plan with the proposed 15 units per acre and maximum of 566 units proposed.
The master plan suggests that up to approximately 305 residential units, which would be about
a maximum gross density for the site of 8 units per acre, would be appropriate for this property
with a mix of housing types, including predominantly single family unit /lot types. This maximum
number of suggested units is based on netting out the areas designated Greenspace and using
acreage left shown for Urban Density and acreage left shown for Neighborhood Density.
Based on your comment letter, calculations have also been done for the maximum number of
units suggested under the master plan based on a gross approach. Greenspace areas were not
netted out Cl" d a gross density approach is used for the
remainder of the property at Neighborhood Density
Residential. This results in a maximum number of units
of about 395 or a density of up to about 10 units per
acre. Staff still believes that the maximum number of
units should be more in keeping with the
recommendations of the master plan and limited to
fewer than 566 units.
Mix of Housing Types
Thank you for the proffer submitted to provide a mix of
housing types to include single family detached,
townhouses /single family attached, and apartments.
This master plan recommends a mix of housing types,
with single family recommended as the predominant unit
type. Please see comments regarding the need to be
more specific in the proffer provided.
Greenspace and Trail
The master plan designates portions of the property as
Greenspace and recommends Greenspace along the
eastern property line to protect environmental features
of the site and to provide a buffer between the development area and rural area boundary.
Environmental features to protect in the Greenspace area include critical slopes, important
wooded areas identified on the Open Space Plan, and Culpeper Branch. Staff believes
development of the site should avoid these features by making commitments to provide a buffer
along the eastern property line and avoid development of the site in the northern wooded
portions north of the powerline easement. The following definitions from the Zoning Ordinance
may be helpful in providing a plan or proffered description of areas of the site to avoid with
development based on the Greenspace recommendations of the master plan:
Conservation area: An area identified on a plan submitted for approval which contains cultural
assets or natural features such as non -tidal wetlands, floodplain, slopes identified in the open space
element of the comprehensive plan, or streams and stream buffers, within which only limited
disturbance or development is allowed. Uses allowed in conservation areas include, but are not
limited to, utilities, greenways, pedestrian paths, streets, and stormwater management facilities,
where, in the opinion of the director of engineering, no other location is reasonably available and
when these improvements have the least impact possible on the environmental features of the area.
(Added 3- 19 -03)
Preservation area: An area identified on a plan submitted for approval which contains natural
features such as non -tidal wetlands, floodplain, streams and stream buffers that are to be preserved in a
natural state and not be developed with any manmade feature. (Added 3- 19 -03)
• A central greenspace focal point is shown on the Pantops Master Plan central to this site
which has also not been addressed with this project.
• Comments regarding the trail are included in the Proffer comments section of this letter.
2
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eastern property line to protect environmental features
of the site and to provide a buffer between the development area and rural area boundary.
Environmental features to protect in the Greenspace area include critical slopes, important
wooded areas identified on the Open Space Plan, and Culpeper Branch. Staff believes
development of the site should avoid these features by making commitments to provide a buffer
along the eastern property line and avoid development of the site in the northern wooded
portions north of the powerline easement. The following definitions from the Zoning Ordinance
may be helpful in providing a plan or proffered description of areas of the site to avoid with
development based on the Greenspace recommendations of the master plan:
Conservation area: An area identified on a plan submitted for approval which contains cultural
assets or natural features such as non -tidal wetlands, floodplain, slopes identified in the open space
element of the comprehensive plan, or streams and stream buffers, within which only limited
disturbance or development is allowed. Uses allowed in conservation areas include, but are not
limited to, utilities, greenways, pedestrian paths, streets, and stormwater management facilities,
where, in the opinion of the director of engineering, no other location is reasonably available and
when these improvements have the least impact possible on the environmental features of the area.
(Added 3- 19 -03)
Preservation area: An area identified on a plan submitted for approval which contains natural
features such as non -tidal wetlands, floodplain, streams and stream buffers that are to be preserved in a
natural state and not be developed with any manmade feature. (Added 3- 19 -03)
• A central greenspace focal point is shown on the Pantops Master Plan central to this site
which has also not been addressed with this project.
• Comments regarding the trail are included in the Proffer comments section of this letter.
2
Monticello Viewshed
Staff appreciates your willingness to work with the Thomas Jefferson Foundation to address
Monticello viewshed protection recommendations of the master plan. Staff has asked for
comments on the most recent proffers you have submitted. Also, for your reference, I have
included the proffer provided with ZMA 01 -15 Martha Jefferson Hospital:
. TIP- Owner has entered into a memorandum of understanding with Thomas
Je$'erson Founds ior, Inc_ incorporating guidelines for development of the
Property within the Monticello vie shed (as such memorandum may be
amended from time to time upon mutual consent of the parties thereto) (the
' U"). Prior to granting final site plan approval for any proposed building
on the Property w thin the Mon iceRo viewsl> d (other than %ite plan
applications for minor amendments not material to the objectives of the
Ivy , and prodded that the M U remains to effect between the parties
thereto, the Director of Planning and Community Developmcrrt shall request
confiIuxation from -`hones Jc rwn Foundation, Inc. that the site plan
application is consistent with the terms of the MOU.
TRANSPORTATION
Traffic Impact Analysis
VDOT has reviewed the zoning application and has provided e-mail comments dated April 21,
2010, which are attached. Previous comments from VDOT have not been addressed and the
applicant is urged to contact staff to set up the pre- scoping meeting for a traffic study.
Hansen Mountain Road Relocation
The proposed road realignment exhibit indicates the need for easements or right of way from
other properties. This alignment is similar to that discussed during the review of the Gazebo
Plaza development. In light of past concerns stated by individuals in the Glenorchy development
staff believes proceeding with the proposed road without input /cooperation from the affected
property owners will be problematic. Without the proposed road the transportation impacts do
not appear to be addressed. Staff believes that verification that the necessary easements and
right of way can be obtained for the road relocation is needed before this rezoning could be
recommended for approval. It is not recommended that the County be placed in the position of
obtaining right -of -way and easements for this project.
Plans for the Hansens Mountain Road relocation should be modified to include the following
details following review and any additional recommendations of a traffic study:
• Removal of the existing road portion
• Right -of -way vacations
• Removal of the median opening and turn lanes on Rt. 250, and the addition of lanes
through the intersection of Glenorchy /PeterJeffersonWay /250 as called for in the
previous traffic studies.
• Standards of construction for the road connection and upgrades to Viewmont Court and
Glenorchy Drive. The design of the relocated road is not clear. The proposed cross -
section for the road must be provided and should accommodate pedestrians.
Pavement widening and overlays on Viewmont Court and Glenorchy Drive, along with
any necessary right -of -way and drainage improvements. (The vertical alignment will
need to be checked also.)
Removal of the remaining cul -de -sac, and /or abandoning of the right -of -way.
Removal of Hansens Mountain Road from Rt. 250 to the new road location, and
abandoning of the right -of -way.
Transit
The Pantops Master Plan recommends the following regarding transit:
• Encourage new development to contribute to funding transit services to offset the
cost of service and to reduce traffic impacts of development proposals.
• Ensure new development is transit ready.
PROFFERS
Staff has reviewed the revised proffers submitted and comments are provided below for Proffers
1 -6 and there are no comments on Proffer 7. Additional proffers could address some issues
raised or impacts of the development.
Proffer 1- Hansen Mountain Road relocation- Proffer 1c should contain a provision that if
bonded, the road will be constructed to a certain point.
The timing of road construction proposed in the proffers is not recommended. With other
rezoning, bonding of road improvements has not been a successful method of having
improvements in place at the time of occupancy of residential units. It is recommended
that all right -of -way and easements be obtained by the developer prior to plan approvals,
and all necessary infrastructure be completed prior to certificates of occupancy.
• Proffer 2- Density of Project -This proffer cannot be accepted. The proposed rezoning is
R -15 and density cannot be exceeded. Proffers cannot modify ordinance requirements.
A proffer that limits the maximum number of units could be acceptable.
• Proffer 3- Mixture of Housing Types- This proffer must include a specific percentage or
number of unit types by housing type proposed within the development.
• Proffer 4 -Roof colors- This proffer must contain more description for the roof color -other
than "dark." It is suggested that the Applicant review the Martha Jefferson Proffers for
guidance.
• Proffer 5- Lighting -This proffer needs clarification. Is the intent that all lighting be subject
to the lighting standards? Is only lighting over 3,000 lumens subject to the proffer?
Please refer to Martha Jefferson Hospital Proffer regarding Monticello View shed.
(Attached)
• Proffer 6- Trail Easement- Zoning suggests that Proffer 6 provide for the trail to be
dedicated fee simple in conjunction with an adjacent plan; not at request of the County.
If done separate from another plan, the Applicant should be responsible for all fees
associated with dedication. Additionally, the Applicant should construct the trail. Proffer
6 does not offer any standard for the trail easement. No dimension is proposed. Further
the area is very steep and offers limited functionality for a trail.
• Please label all Exhibits.
4
Previous comments not addressed in proffers:
Affordable Housing
The County's Affordable Housing policy recommends that at a minimum, 15% of all units
developed under rezoning and special use permits should be affordable as defined by the
County's Office of Housing and Housing Committee or a comparable contribution should be
made to achieve the affordable housing goals of the County. Sample proffer language can be
provided.
Cash Proffer Policy for Public Facilities
The County's cash proffer policy addresses public facilities that will be funded by cash proffers:
schools, transportation, parks, libraries and public safety It is the policy of the County to require
that the owner of property that is rezoned for residential uses to provide cash proffers equivalent
to the proportional value of the public facilities deemed necessary to serve the proposed
development on the property. Accordingly, the Board will accept cash proffers for rezoning
requests that permit residential uses in accordance with this policy. However, the Board may
also accept cash, land or in -kind improvements in accordance with County and State law to
address the impacts of the rezoning. The updated cash proffer amounts, per dwelling unit, for
CY 2009 consistent with the policy are as follows:
Single Family Detached (SFD) _ $18,700.00;
Single Family Attached /Townhouse (SFA /TH) _ $12,700.00; and
Multifamily (MF) _ $13,200.00.
Sample proffer language can be provided
COMMENTS FROM ZONING /CURRENT DEVELOPMENT
Previous comment still applicable: Without further information as to the location of
improvements and critical slopes, it is not possible to conduct a critical slopes analysis and
recommendation at this time. In addition, the WPO buffers will impact the area for development.
Therefore, the applicant may not be able to achieve the full anticipated density.
NEIGHBORHOOD MODEL
As discussed in our previous comment letter, since no plan has been provided, staff cannot
evaluate the proposal for conformity with all 12 Principles of the Neighborhood Model. Based on
the information that has been provided, we did list in our last letter several Neighborhood Model
principles that should be addressed. The following comments still have not been adequately
addressed:
• Pedestrian Orientation - Sidewalks and street trees should be provided on new roads
constructed.
• Transportation Networks and Interconnected Streets- Future possible optional roadway
discussed as a master plan recommendation should also be provided for.
• Site Planning that Respects Terrain -No information has been provided on proposed
grading.
• Clear boundaries with the Rural Areas- Recommendations of the Pantops Master Plan
regarding treatment of the RA boundary should be incorporated into this development
proposal. No information on special treatment of this boundary has been provided.
ENTRANCE CORRIDOR
Previous comments still apply: It is anticipated that a residential development on the subject
parcels could be appropriately designed to meet the Entrance Corridor guidelines. The submittal
materials do not provide a level of detail that allows for any further review or comment based on
those guidelines.
Albemarle County Service Authority (ACSA) & Rivanna Water & Sewer Authority (RWSA)
The most recent comments from ACSA, dated March 30, 2010 and sent via e-mail are below. If
we receive any additional comments from ACSA we will forward them to you promptly.
With the data that we have in hand, there are capacity issues for several runs of sewer
pipes downstream from this project. They will have to be upgraded to accept the
projected flows from the proposed 566 units.
RESUBMITTAL OR PUBLIC HEARING
State law and County ordinance direct that action on a rezoning 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 this 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, OR
• Request indefinite deferral and state your justification for requesting the deferral.
If you 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 feel free to contact me if you wish to meet or need additional information at (434) 296-
5832 ext.3439 or rraasdale(@albemarle.ora
Sincerely,
4 U4
Rebecca Ragsdale
Senior Planner
M
From: DeNunzio, Joel D., P.E. [ mailto:J oel.DeNunzio @VDOT.virginia.gov]
Sent: Wednesday, April 21, 2010 3:11 PM
To: Rebecca Ragsdale
Cc: Glenn Brooks
Subject: ZMA- 2010 -00001 Pantops Ridge
ZMA- 2010 -00001 Pantops Ridge
Rebecca,
I have reviewed the above subject rezoning and have the following comments:
Chapter 527 Traffic Impact Study:
• The study submitted for the proposed Gazebo Plaza does not meet the requirements
established by 24 VAC 30 -155 and a Chapter 527 study should be submitted for this proposed site. A
supplemental traffic study as described in 24VAC30- 155 -50, section C is not acceptable because the
original study does not meet the minimum requirements of the Chapter 527 Regulations. The following
list describe the deficiencies of the original study from the requirements of a 527 study:
o Assumptions made for the build out year in the original study indicated that additional lanes
would be constructed on Route 250. The lanes have not been constructed and there is no plan to do so.
o The study is over two years old.
o The impacted intersections in the original study did not meet the scope of the current
regulations.
Proffers:
• The relocation of Hansens Mountain Road may mitigate some of the impacts associated with
this proposed site. The level of mitigation will be identified in the traffic study.
• Proffer #1 states that Hansens Mountain Road will be relocated in general accord with the
attached drawings. The drawings that were submitted do not meet the minimum standards of the VDOT
Road Design Manual and the road cannot be built as drawn. I reviewed this plan and provided an e-mail
to Mr. Spurzem stating some of the deficiencies in the design on 6/24/2008 stating the following:
Relocation of Hansens Mountain Road proposed with Gazebo Plaza
Mr. Spurzem,
1 have reviewed the plan proposing to relocate Hansens Mountain Road through Glenorchy to intersect at the existing
signal at Glenorchy and Route 250 and have the following comments:
• The current functional classification on Hansens Mountain Road is an Urban Local Road with a
posted speed limit of 45 mph.
• The 2006 ADT on Hansens Mountain Road is 1400 VPD and the 2006 ADT on Glenorchy is 190
VPD. The trip generation for the proposed development estimates an additional 13,252 VPD on
Hansen Mountain Road.
• The proposed design speed for the relocation of Hansen Mountain Road is 35 mph. The design
speed determines the geometrical features of the road and according to the proposed design
speed the minimum proposed radii need to be 510 feet for a design with no superelevation, 408
feet for an urban low speed design with a maximum 2% superelevation, and 371 feet for an urban
design with a maximum of 4% superelevation. The current design does not propose
superelevation to any curves; therefore the minimum horizontal radius needs to be a minimum of
510 feet. The curves at stations 4 +00, 8 +00 and 23 +50 do not meet the minimum horizontal
criteria. The application of superelevation to reduce the minimum radius will likely increase the
limits of construction on the road.
o The intersection at Route 250 will need a capacity analysis including queue length analysis to
determine its adequacy of turn lane lengths. The configuration on the plan is in accordance with
the TIA submitted for the development but does not include details for the capacity or timing of the
intersection. Also, the dual ingress lanes on Glenorchy need to have adequate length for the
merging movement and a minimum 245 foot length for the pavement shift.
o The intersection at Glenorchy and Route 250 needs to have a proposed vertical alignment in
accordance with VDOT's Road Design Manual Appendix C -4. The first grade break from the edge
of the right turn lane cannot exceed 4% and should continue for a minimum 50 foot landing. The
existing cross slope of the road should be -2% and the connection grade can be +2% with a 10 foot
vertical curve. The +2% should extend for 50 feet before another break in the grade. Glenorchy
will be the through movement at the intersection at Viewmont and should have a smooth vertical
alignment through the intersection.
o The channelized right turn movement from Glenorchy to Route 250 west appears to be 12 feet in
width. The width needs to accommodate the design vehicle and should probably be closer to 20
feet in width. Either templates or Autoturn should be used to determine the width.
o Drainage and pavement designs will be required with a final plan.
o All commercial entrances will need to be designed in accordance with the Minimum Standards of
Entrances to State Highways, The Road and Bridge Standards, and The Road Design Manual.
If you have any questions, please contact me.
Thanks,
Joel
I think the first step in getting this rezoning approved is the traffic study. I believe a scoping meeting with
VDOT and the County is necessary for this project. I also think an adequate design needs to be drawn
prior to proffering a road that VDOT will not accept is necessary for this rezoning request.
If you have any questions or comments, please let me know.
Thanks
Joel
Joel DeNunzio, P.E.
Staff Engineer
434 - 293 -0011 Ext. 120
joel.denunzio @vdot.virginia.gov
U�
WILLIAMS MULLEN
Direct Dial: 434.951.5709
vlong@williara mullen.com
April 3, 2010
Via email: rragsdalekalbemarle.org
Rebecca Ragsdale
Senior Planner
Albemarle County Department of Community Development
401 McIntire Road, Room 227
Charlottesville, VA 22902
Re: ZMA 2010 -01 Pantops Ridge
Dear Rebecca
Thank you for your comments to the Pantops Ridge rezoning application. We have
reviewed your letter carefully and considered all issues in detail. Our comments on some of the
issues your letter raised are included below.
Densi : The applicant continues to feel that the proposed level of density is appropriate
under the circumstances, especially in light of the intensity of development that is currently
permitted on the property. We have added a proffer addressing the proposed average density of
15 dwelling units per acre. I understand from our conversation that you arrived at the 305 unit
count by "netting out" the areas shown as greenspace on the Pantops Master Plan. However,
given that the Comprehensive Plan is intended by the Virginia Code enabling legislation to be
"general in nature" we respectfully question whether this level of detail in recommending precise
numbers of units for a particular parcel is appropriate. Regardless, the proposed density for the
Project will in any event be a far less intensive use and scale than is currently permitted, and will
be more harmonious with nearby developments.
Mixture of Housing Types: The applicant has always planned to develop the property
with a mixture of housing types, including single family detached, townhouses and apartments.
As you will see from the revised proffers that are enclosed with this letter, the applicant is
willing to proffer this mixture.
Proposed Relocation of Hanson's Mountain Road: We are hopeful that the proposed
road plans we submitted in early March were able to address your comments relative to this issue
since the plans demonstrate that the road connection avoids significant negative impacts to
occupied dwelling units in the Glenorchy neighborhood. As you may have noted on the exhibits,
we will need temporary construction easements from the residents to improve the road, but their
NORTH CAROLINA • VIRGINIA • WASHINGTON, D.C. • LONDON
321 Fast Main St., Suite 400 Charlottesville, VA 22902 -3200 Tel: 434.951.5700 Fax: 804.783.6507 or 434.817.0977
-- illi— noullen.com
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WILLIAMS MULLEN
April 3, 2010
Page 2
lots will continue to front on a fifty -foot right -of -way. The applicant is also willing to work with
the Glenorchy landowners to install landscaping along the improved road in exchange for
cooperation with the temporary construction easements. We have also revised the proffer about
the road connection to address the comment about when the road must be constructed and
submitted for acceptance into the state system. Finally, it is my understanding that a legal review
of the Glenorchy covenants and restrictions reveal that they have expired.
Monticello Viewshed Guidelines: We appreciate the comments from the Thomas
Jefferson Foundation, and the applicant has met with the Foundation representatives to discuss
the proposal. As you will note from the revised proffers, we have included several specific
proffers to incorporate the guidelines, including a requirement that dark roofs be used within the
Project, and that the entire Project be subject to the County lighting ordinance (to the extent it
would not otherwise be subject to it). The proposed residential development will meet the
viewshed guideline about building facades, in that the residences will necessarily not be
monolithic like the approved shopping center building would be. In addition, the parking areas
for the residential units will be smaller and broken up with plantings, whereas the large parking
area for the shopping center would not be at all concealed from the viewshed and would not be
broken up by plantings.
Transportation: As we may have noted previously, the vehicle trips associated with the
Project will be substantially reduced over what is predicted for the approved by -right shopping
center. The staff report from the July, 2003 Planning Commission work session on ZMA 02 -011
(the original Pantops Ridge ZMA that proposed 800 -900 dwelling units plus up to 50,000 square
feet of commercial space) noted that the Gazebo Plaza Shopping Center would generate 9,400
vehicle trips per day, and that ZMA 02 -011 would generate between 5,300 and 5,800 vehicle
trips per day. The current proposal for approximately 562 units will generate even fewer vehicle
trips than proposed by ZMA 02 -011. Given this substantial reduction in vehicle trips over what
is currently permitted, the applicant believes that the relocation of Hanson's Mountain Road and
the construction of a safe and convenient point of access to U.S. Route 250 for residents of the
Project and those of Ashcroft, Shadwell Estates and other residents who utilize Hanson's
Mountain Road will contribute greatly the general health, safety and welfare of the community.
Based on these circumstances, the applicant does not believe that a new traffic study is necessary
for the proposed down- zoning.
Current Approved Site Plan: The revised proffers provide that the approved site plan
for the Gazebo Plaza shopping center would be abandoned upon approval of the rezoning.
Existing Residence on the Property: Although the existing residence on the Property is
not contemplated to be incorporated into the new development, the Owner is willing to allow the
County staff or others access to the residence to photograph and document it if desired.
U[AA
I
WILLIAMS MULLEN
April 3, 2010
Page 3
Trail Within or Near Power Line Easement: The Applicant is willing to grant a trail
easement to permit a trail to be constructed either within or parallel to the existing power line
easement area, subject to the rights of the easement holder and any required consents.
Benefits of the Residential Development: I would also like to take the opportunity to
point out a number of other advantages of this proposal over the current approved shopping
center project that have not already been mentioned in this letter:
• The proposed residential development will involve far less grading than would the
shopping center. The shopping center essentially requires the site to be flattened,
while the residential development can work well with the natural topography. In
addition, the approved shopping center would require extremely tall retaining
walls (up to 60 feet in some areas) that are not required for the residential
development.
• The proposal to relocate Hanson's Mountain Road is an opportunity to provide a
long -term safe and convenient solution to the transportation network for the
residents of this area. No other landowners or entities (including the nearby
Homeowner's Associations, the County and the Virginia Department of
Transportation) are in a position to solve this transportation challenge. The
applicant is willing to construct this important road connection at its expense at a
cost of approximately $3.0 million. The value of the road for purposes of solving
the significant transportation access issues in the area is arguably immeasurable.
• The proposed road connection will be safer for the nearby residents as well as for
school buses, rescue squad and other emergency response vehicles.
• The proposed rezoning permanently eliminates the so- called "stale zoning"
affecting the Property.
• The residential development will be far more compatible with the surrounding
development and neighborhoods than would the approved shopping center.
Based upon all of these issues, we respectfully request that the application be scheduled
for a public hearing before the Planning Commission. We would suggest a date of May I lth,
which would provide you with the standard four weeks for staff review of the revised proffers
that are enclosed.
WILLIAMS MULLEN
April 3, 2010
Page 4
Thank you again for your assistance with this project. Should you have any questions or
require any information, please contact me at 951 -5709 or vlong awilliamsmullen.com.
Sincerely,
U k� WI1�
Valerie W. Long
]5]00]9_1 DOC
vIRG���
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
May 5, 2010
Ms. Valerie W. Long
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, Virginia 22902
RE: ZMA 10 -01 Pantops Ridge
2nd Review Comment Letter on rezoning submittal received April 5, 2010 (sent
via e -mail April 3, 2010)
Dear Valerie:
The County provided you initial review comments for this project on March 5, 2010 in response
to the Pantops Ridge rezoning submitted in January. Thank you for the recent submittal of
additional information in response to comments sent to you in March. The response letter,
revised proffers, and road alignment exhibit have been reviewed. No concept /application plan
has been provided. The latest information reviewed provides a response to some of the issues
raised in the last review comment letter, including the additional provisions for Hansen Mountain
Road relocation, mix of housing types, Monticello viewshed protection, and the greenway trail.
However, staff believes that the proposed density is still inconsistent with the Pantops Master
Plan and additional information and evaluation of impacts of the proposal are needed or
revisions to proffers provided. This includes transportation impact analysis, assurances that the
Hansen Mountain Road relocation can be accomplished, and other recommendations of the
master plan and County policy.
Detailed Comments are provided below. More detailed comments may be provided at a
later date if a plan or requested items are provided.
COMPREHENSIVE PLAN
PANTOPS MASTER PLAN
Density
Staff believes the proposed rezoning would result in a higher density than is suggested by the
Pantops Master Plan with the proposed 15 units per acre and maximum of 566 units proposed.
The master plan suggests that up to approximately 305 residential units, which would be about
a maximum gross density for the site of 8 units per acre, would be appropriate for this property
with a mix of housing types, including predominantly single family unit /lot types. This maximum
number of suggested units is based on netting out the areas designated Greenspace and using
acreage left shown for Urban Density and acreage left shown for Neighborhood Density.
Based on your comment letter, calculations have also been done for the maximum number of
units suggested under the master plan based on a gross approach. Greenspace areas were not
netted out Cl" d a gross density approach is used for the
remainder of the property at Neighborhood Density
Residential. This results in a maximum number of units
of about 395 or a density of up to about 10 units per
acre. Staff still believes that the maximum number of
units should be more in keeping with the
recommendations of the master plan and limited to
fewer than 566 units.
Mix of Housing Types
Thank you for the proffer submitted to provide a mix of
housing types to include single family detached,
townhouses /single family attached, and apartments.
This master plan recommends a mix of housing types,
with single family recommended as the predominant unit
type. Please see comments regarding the need to be
more specific in the proffer provided.
Greenspace and Trail
The master plan designates portions of the property as
Greenspace and recommends Greenspace along the
eastern property line to protect environmental features
of the site and to provide a buffer between the development area and rural area boundary.
Environmental features to protect in the Greenspace area include critical slopes, important
wooded areas identified on the Open Space Plan, and Culpeper Branch. Staff believes
development of the site should avoid these features by making commitments to provide a buffer
along the eastern property line and avoid development of the site in the northern wooded
portions north of the powerline easement. The following definitions from the Zoning Ordinance
may be helpful in providing a plan or proffered description of areas of the site to avoid with
development based on the Greenspace recommendations of the master plan:
Conservation area: An area identified on a plan submitted for approval which contains cultural
assets or natural features such as non -tidal wetlands, floodplain, slopes identified in the open space
element of the comprehensive plan, or streams and stream buffers, within which only limited
disturbance or development is allowed. Uses allowed in conservation areas include, but are not
limited to, utilities, greenways, pedestrian paths, streets, and stormwater management facilities,
where, in the opinion of the director of engineering, no other location is reasonably available and
when these improvements have the least impact possible on the environmental features of the area.
(Added 3- 19 -03)
Preservation area: An area identified on a plan submitted for approval which contains natural
features such as non -tidal wetlands, floodplain, streams and stream buffers that are to be preserved in a
natural state and not be developed with any manmade feature. (Added 3- 19 -03)
• A central greenspace focal point is shown on the Pantops Master Plan central to this site
which has also not been addressed with this project.
• Comments regarding the trail are included in the Proffer comments section of this letter.
2
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eastern property line to protect environmental features
of the site and to provide a buffer between the development area and rural area boundary.
Environmental features to protect in the Greenspace area include critical slopes, important
wooded areas identified on the Open Space Plan, and Culpeper Branch. Staff believes
development of the site should avoid these features by making commitments to provide a buffer
along the eastern property line and avoid development of the site in the northern wooded
portions north of the powerline easement. The following definitions from the Zoning Ordinance
may be helpful in providing a plan or proffered description of areas of the site to avoid with
development based on the Greenspace recommendations of the master plan:
Conservation area: An area identified on a plan submitted for approval which contains cultural
assets or natural features such as non -tidal wetlands, floodplain, slopes identified in the open space
element of the comprehensive plan, or streams and stream buffers, within which only limited
disturbance or development is allowed. Uses allowed in conservation areas include, but are not
limited to, utilities, greenways, pedestrian paths, streets, and stormwater management facilities,
where, in the opinion of the director of engineering, no other location is reasonably available and
when these improvements have the least impact possible on the environmental features of the area.
(Added 3- 19 -03)
Preservation area: An area identified on a plan submitted for approval which contains natural
features such as non -tidal wetlands, floodplain, streams and stream buffers that are to be preserved in a
natural state and not be developed with any manmade feature. (Added 3- 19 -03)
• A central greenspace focal point is shown on the Pantops Master Plan central to this site
which has also not been addressed with this project.
• Comments regarding the trail are included in the Proffer comments section of this letter.
2
Monticello Viewshed
Staff appreciates your willingness to work with the Thomas Jefferson Foundation to address
Monticello viewshed protection recommendations of the master plan. Staff has asked for
comments on the most recent proffers you have submitted. Also, for your reference, I have
included the proffer provided with ZMA 01 -15 Martha Jefferson Hospital:
. TIP- Owner has entered into a memorandum of understanding with Thomas
Je$'erson Founds ior, Inc_ incorporating guidelines for development of the
Property within the Monticello vie shed (as such memorandum may be
amended from time to time upon mutual consent of the parties thereto) (the
' U"). Prior to granting final site plan approval for any proposed building
on the Property w thin the Mon iceRo viewsl> d (other than %ite plan
applications for minor amendments not material to the objectives of the
Ivy , and prodded that the M U remains to effect between the parties
thereto, the Director of Planning and Community Developmcrrt shall request
confiIuxation from -`hones Jc rwn Foundation, Inc. that the site plan
application is consistent with the terms of the MOU.
TRANSPORTATION
Traffic Impact Analysis
VDOT has reviewed the zoning application and has provided e-mail comments dated April 21,
2010, which are attached. Previous comments from VDOT have not been addressed and the
applicant is urged to contact staff to set up the pre- scoping meeting for a traffic study.
Hansen Mountain Road Relocation
The proposed road realignment exhibit indicates the need for easements or right of way from
other properties. This alignment is similar to that discussed during the review of the Gazebo
Plaza development. In light of past concerns stated by individuals in the Glenorchy development
staff believes the proposed road without input from those affected property owners. Without the
proposed road the transportation impacts do not appear to be addressed. Staff believes that
verification that the necessary easements and right of way can be obtained for the road
relocation is needed before this rezoning could be recommended for approval. It is not
recommended that the County be placed in the position of obtaining right -of -way and
easements for this project.
Plans for the Hansens Mountain Road relocation should be modified to include the following
details following review and any additional recommendations of a traffic study:
• Removal of the existing road portion
• Right -of -way vacations
• Removal of the median opening and turn lanes on Rt. 250, and the addition of lanes
through the intersection of Glenorchy /PeterJeffersonWay /250 as called for in the
previous traffic studies.
• Standards of construction for the road connection and upgrades to Viewmont Court and
Glenorchy Drive. The design of the relocated road is not clear. The proposed cross -
section for the road must be provided and should accommodate pedestrians.
Pavement widening and overlays on Viewmont Court and Glenorchy Drive, along with
any necessary right -of -way and drainage improvements. (The vertical alignment will
need to be checked also.)
Removal of the remaining cul -de -sac, and /or abandoning of the right -of -way.
Removal of Hansens Mountain Road from Rt. 250 to the new road location, and
abandoning of the right -of -way.
Transit
The Pantops Master Plan recommends the following regarding transit:
• Encourage new development to contribute to funding transit services to offset the
cost of service and to reduce traffic impacts of development proposals.
• Ensure new development is transit ready.
PROFFERS
Staff has reviewed the revised proffers submitted and comments are provided below for Proffers
1 -6 and there are no comments on Proffer 7. Additional proffers could address some issues
raised or impacts of the development.
Proffer 1- Hansen Mountain Road relocation- Proffer 1c should contain a provision that if
bonded, the road will be constructed to a certain point.
The timing of road construction proposed in the proffers is not recommended. With other
rezoning, bonding of road improvements has not been a successful method of having
improvements in place at the time of occupancy of residential units. It is recommended
that all right -of -way and easements be obtained by the developer prior to plan approvals,
and all necessary infrastructure be completed prior to certificates of occupancy.
• Proffer 2- Density of Project -This proffer cannot be accepted. The proposed rezoning is
R -15 and density cannot be exceeded. Proffers cannot modify ordinance requirements.
A proffer that limits the maximum number of units could be acceptable.
• Proffer 3- Mixture of Housing Types- This proffer must include a specific percentage or
number of unit types by housing type proposed within the development.
• Proffer 4 -Roof colors- This proffer must contain more description for the roof color -other
than "dark." It is suggested that the Applicant review the Martha Jefferson Proffers for
guidance.
• Proffer 5- Lighting -This proffer needs clarification. Is the intent that all lighting be subject
to the lighting standards? Is only lighting over 3,000 lumens subject to the proffer?
Please refer to Martha Jefferson Hospital Proffer regarding Monticello View shed.
(Attached)
• Proffer 6- Trail Easement- Zoning suggests that Proffer 6 provide for the trail to be
dedicated fee simple in conjunction with an adjacent plan; not at request of the County.
If done separate from another plan, the Applicant should be responsible for all fees
associated with dedication. Additionally, the Applicant should construct the trail. Proffer
6 does not offer any standard for the trail easement. No dimension is proposed. Further
the area is very steep and offers limited functionality for a trail.
• Please label all Exhibits.
4
Previous comments not addressed in proffers:
Affordable Housing
The County's Affordable Housing policy recommends that at a minimum, 15% of all units
developed under rezoning and special use permits should be affordable as defined by the
County's Office of Housing and Housing Committee or a comparable contribution should be
made to achieve the affordable housing goals of the County. Sample proffer language can be
provided.
Cash Proffer Policy for Public Facilities
The County's cash proffer policy addresses public facilities that will be funded by cash proffers:
schools, transportation, parks, libraries and public safety It is the policy of the County to require
that the owner of property that is rezoned for residential uses to provide cash proffers equivalent
to the proportional value of the public facilities deemed necessary to serve the proposed
development on the property. Accordingly, the Board will accept cash proffers for rezoning
requests that permit residential uses in accordance with this policy. However, the Board may
also accept cash, land or in -kind improvements in accordance with County and State law to
address the impacts of the rezoning. The updated cash proffer amounts, per dwelling unit, for
CY 2009 consistent with the policy are as follows:
Single Family Detached (SFD) _ $18,700.00;
Single Family Attached /Townhouse (SFA /TH) _ $12,700.00; and
Multifamily (MF) _ $13,200.00.
Sample proffer language can be provided
COMMENTS FROM ZONING /CURRENT DEVELOPMENT
Previous comment still applicable: Without further information as to the location of
improvements and critical slopes, it is not possible to conduct a critical slopes analysis and
recommendation at this time. In addition, the WPO buffers will impact the area for development.
Therefore, the applicant may not be able to achieve the full anticipated density.
NEIGHBORHOOD MODEL
As discussed in our previous comment letter, since no plan has been provided, staff cannot
evaluate the proposal for conformity with all 12 Principles of the Neighborhood Model. Based on
the information that has been provided, we did list in our last letter several Neighborhood Model
principles that should be addressed. The following comments still have not been adequately
addressed:
• Pedestrian Orientation - Sidewalks and street trees should be provided on new roads
constructed.
• Transportation Networks and Interconnected Streets- Future possible optional roadway
discussed as a master plan recommendation should also be provided for.
• Site Planning that Respects Terrain -No information has been provided on proposed
grading.
• Clear boundaries with the Rural Areas- Recommendations of the Pantops Master Plan
regarding treatment of the RA boundary should be incorporated into this development
proposal. No information on special treatment of this boundary has been provided.
ENTRANCE CORRIDOR
Previous comments still apply: It is anticipated that a residential development on the subject
parcels could be appropriately designed to meet the Entrance Corridor guidelines. The submittal
materials do not provide a level of detail that allows for any further review or comment based on
those guidelines.
Albemarle County Service Authority (ACSA) & Rivanna Water & Sewer Authority (RWSA)
The most recent comments from ACSA, dated March 30, 2010 and sent via e-mail are below. If
we receive any additional comments from ACSA we will forward them to you promptly.
With the data that we have in hand, there are capacity issues for several runs of sewer
pipes downstream from this project. They will have to be upgraded to accept the
projected flows from the proposed 566 units.
RESUBMITTAL OR PUBLIC HEARING
State law and County ordinance direct that action on a rezoning 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 this 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, OR
• Request indefinite deferral and state your justification for requesting the deferral.
If you 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 feel free to contact me if you wish to meet or need additional information at (434) 296-
5832 ext.3439 or rraasdale(@albemarle.ora
Sincerely,
4 U4
Rebecca Ragsdale
Senior Planner
M
From: DeNunzio, Joel D., P.E. [ mailto:J oel.DeNunzio @VDOT.virginia.gov]
Sent: Wednesday, April 21, 2010 3:11 PM
To: Rebecca Ragsdale
Cc: Glenn Brooks
Subject: ZMA- 2010 -00001 Pantops Ridge
ZMA- 2010 -00001 Pantops Ridge
Rebecca,
I have reviewed the above subject rezoning and have the following comments:
Chapter 527 Traffic Impact Study:
• The study submitted for the proposed Gazebo Plaza does not meet the requirements
established by 24 VAC 30 -155 and a Chapter 527 study should be submitted for this proposed site. A
supplemental traffic study as described in 24VAC30- 155 -50, section C is not acceptable because the
original study does not meet the minimum requirements of the Chapter 527 Regulations. The following
list describe the deficiencies of the original study from the requirements of a 527 study:
o Assumptions made for the build out year in the original study indicated that additional lanes
would be constructed on Route 250. The lanes have not been constructed and there is no plan to do so.
o The study is over two years old.
o The impacted intersections in the original study did not meet the scope of the current
regulations.
Proffers:
• The relocation of Hansens Mountain Road may mitigate some of the impacts associated with
this proposed site. The level of mitigation will be identified in the traffic study.
• Proffer #1 states that Hansens Mountain Road will be relocated in general accord with the
attached drawings. The drawings that were submitted do not meet the minimum standards of the VDOT
Road Design Manual and the road cannot be built as drawn. I reviewed this plan and provided an e-mail
to Mr. Spurzem stating some of the deficiencies in the design on 6/24/2008 stating the following:
Relocation of Hansens Mountain Road proposed with Gazebo Plaza
Mr. Spurzem,
1 have reviewed the plan proposing to relocate Hansens Mountain Road through Glenorchy to intersect at the existing
signal at Glenorchy and Route 250 and have the following comments:
• The current functional classification on Hansens Mountain Road is an Urban Local Road with a
posted speed limit of 45 mph.
• The 2006 ADT on Hansens Mountain Road is 1400 VPD and the 2006 ADT on Glenorchy is 190
VPD. The trip generation for the proposed development estimates an additional 13,252 VPD on
Hansen Mountain Road.
• The proposed design speed for the relocation of Hansen Mountain Road is 35 mph. The design
speed determines the geometrical features of the road and according to the proposed design
speed the minimum proposed radii need to be 510 feet for a design with no superelevation, 408
feet for an urban low speed design with a maximum 2% superelevation, and 371 feet for an urban
design with a maximum of 4% superelevation. The current design does not propose
superelevation to any curves; therefore the minimum horizontal radius needs to be a minimum of
510 feet. The curves at stations 4 +00, 8 +00 and 23 +50 do not meet the minimum horizontal
criteria. The application of superelevation to reduce the minimum radius will likely increase the
limits of construction on the road.
o The intersection at Route 250 will need a capacity analysis including queue length analysis to
determine its adequacy of turn lane lengths. The configuration on the plan is in accordance with
the TIA submitted for the development but does not include details for the capacity or timing of the
intersection. Also, the dual ingress lanes on Glenorchy need to have adequate length for the
merging movement and a minimum 245 foot length for the pavement shift.
o The intersection at Glenorchy and Route 250 needs to have a proposed vertical alignment in
accordance with VDOT's Road Design Manual Appendix C -4. The first grade break from the edge
of the right turn lane cannot exceed 4% and should continue for a minimum 50 foot landing. The
existing cross slope of the road should be -2% and the connection grade can be +2% with a 10 foot
vertical curve. The +2% should extend for 50 feet before another break in the grade. Glenorchy
will be the through movement at the intersection at Viewmont and should have a smooth vertical
alignment through the intersection.
o The channelized right turn movement from Glenorchy to Route 250 west appears to be 12 feet in
width. The width needs to accommodate the design vehicle and should probably be closer to 20
feet in width. Either templates or Autoturn should be used to determine the width.
o Drainage and pavement designs will be required with a final plan.
o All commercial entrances will need to be designed in accordance with the Minimum Standards of
Entrances to State Highways, The Road and Bridge Standards, and The Road Design Manual.
If you have any questions, please contact me.
Thanks,
Joel
I think the first step in getting this rezoning approved is the traffic study. I believe a scoping meeting with
VDOT and the County is necessary for this project. I also think an adequate design needs to be drawn
prior to proffering a road that VDOT will not accept is necessary for this rezoning request.
If you have any questions or comments, please let me know.
Thanks
Joel
Joel DeNunzio, P.E.
Staff Engineer
434 - 293 -0011 Ext. 120
joel.denunzio @vdot.virginia.gov
�I- ''illy 11111•
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
March 5, 2010
Ms. Valerie W. Long
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, Virginia 22902
RE: ZMA 10 -01 Pantops Ridge
1St Review Comment Letter on rezoning submittal received January 19, 2010
Dear Valerie:
Thank you for the recent submittal of a rezoning on behalf of your client, Richard Spurzem. This
proposal is for a rezoning from PDSC Planned District Shopping Center, which allows
development of the site into an 183,000 square foot shopping center, to R15 Residential which
could permit up to 566 residential units on the property.
Staff has reviewed the narrative attachment and proffers to the application. No
concept/application plan was provided with this proposed rezoning. The narrative suggests this
proposal would be a downzoning of the property. It is described in your proposal as less
intensive use of the site than the approved shopping center, generating fewer vehicle trips,
having little impact on the Monticello viewshed, and requiring less grading of the site. The
application also describes relocation of Hansen's Mountain Road through the property to
Viewmont Court to provide access to Route 250 at the signalized intersection of Route 250 and
Glenorchy Drive. Thank you for providing the road alignment exhibits you sent via e-mail today
and dated 2/25/10. Since they were just received today, comments below do not reflect review
of those exhibits.
While in concept, this proposal is more consistent with the comprehensive plan in terms of
general land use and transportation, staff believes that additional information and evaluation of
impacts of the proposal are needed. This includes transportation impact analysis, assurances
that the Hansen Mountain Road relocation can be accomplished, and information as to how
relevant comprehensive plan recommendations and impacts will be addressed. We understand
that the owner does not wish to provide a plan with this rezoning or additional commitments.
The comments below identify issues we believe should be addressed prior to requesting a
public hearing.
Detailed Comments are provided below. More detailed comments may be provided at a
later date if a plan or requested items are provided.
COMPREHENSIVE PLAN
PANTOPS MASTER PLAN
The Pantops Master Plan does not recommend a shopping center at this location as it is
currently zoned. Instead, it designates the property as Urban Density Residential around
Greenspace central to the property, Neighborhood Density Residential adjacent to the existing
Glenorchy subdivistion and Greenspace along the eastern property line. (See inset below)
Urban Density Residential areas are intended to have a density of between 6.01 to 20 dwellings
per acre, with possible densities of up to 34 dwellings per acre under a planned development
approach. Neighborhood Density areas are intended to have a density between 3 -6 dwelling
units per acre. However, development densities should ultimately be based on environmental
criteria, road function and condition, available utilities, adjacent land uses, and site
requirements.
The property is located within a Residential Neighborhood as described in the master plan,
which are located on the edges of the Pantops Development Area where there are existing
single family developments. The Pantops Master Plan recommends maintaining the residential
character in these areas while providing appropriately scaled goods and services within walking
distance and more natural greenspace.
The Pantops Master Plan also provides the following specific recommends for the Pantops
Ridge site:
• The dwelling and accessory structures on the Gazebo
Plaza property appear to be fifty years old or older and
may be considered historic and should be evaluated and
documented.
• When development occurs on the undeveloped property
(Gazebo Plaza site) provide a Civic Green Center
surrounded by Urban Density Residential in the general
area shown on the Framework Plan.
• Develop public or semi public park/green space on the
northern half of the Gazebo Plaza site and provide trail
connections.
• Respect the Monticello view shed by retaining land in
open space.
• Replant trees that have been removed during grading to
help create a wooded canopy, as part of viewshed
protection for Monticello.
• Connect this neighborhood to the more intensive land
use centers to the west with a multi - purpose path that
leads into the planned sidewalk system.
• Create and preserve a vegetated buffer along Route 250
East through this neighborhood and at the Rural Area bou
r
ell
!r
-r
C
1
ndary to this neighborhood to help
retain a residential and rural character in this part of Pantops.
2
Master Plan Land Use recommendations:
Staff believes the rezoning could result in a higher density than is suggested by the Pantops
Master Plan. The master plan suggests that up to approximately 305 residential units would be
appropriate for this property with a mix of housing types, including predominantly single family
unit/lot types. Staff believes that the maximum number of units should be more in keeping with
the recommendations of the master plan and limited to fewer than 566 units.
Staff believes that the proposal should also provide for a mix of housing types, which includes
some multi - family or townhouses centrally located around a greenspace amenity. The
predominant unit type should be single family located adjacent to the existing residential
neighborhood to the west.
The master plan recommends greenspace along the eastern property line shown on the master
plan to protect environmental features of the site and to provide a buffer between the
development area and rural area boundary. Environmental features to protect in the
Greenspace area include critical slopes, important wooded areas identified on the Open Space
Plan, and Culpeper Branch. Staff believes development of the site should avoid these features
by making commitments to provide a buffer along the eastern property line and avoid
development of the site in the northern wooded portions north of the powerline easement.
The master plan recommends that developers be cognizant of the need to protect the Monticello
viewshed when rezoning and developing site plans. Guidelines included in the master plan were
provided by the Thomas Jefferson Foundation and address priority view protection areas,
parking lots, colors, facades, roofs, and landscaping. In addition to the guidelines below, the
master plan recommends that height limits also be considered.
Monticello Viewshed Guidelines for Developers
1. Monticello is renowned for its vistas. Those from three areas are paramount:
a. From the northwest terrace (elevation 871 feet). This promenade is where visitors
exit from the house tour and begin to explore the landscape.
b. From the shuttle bus stop northeast of the house.
c. From the "First Roundabout," the uppermost road that encircles the house. This
primary pedestrian road is approximately a half -mile in circumference.
2. Parking lots are best concealed when located on the far side of the building (as viewed from
Monticello) and the area broken up by plantings.
3. Building facades are less intrusive if articulated and not monolithic.
4. Earth -tone colors such as reddish -brown brick help to soften the visual impact of a building.
If not adopted for the street side, consider it for the back of the building if it faces Monticello.
5. Dark roofs (black, gray) are preferred. Expansive flat roofs can be camouflaged by mottled
patches of light and dark stone.
6. Screening by a long narrow border of trees of a single species should be avoided.
7. Consider a canopy of lofty trees (such as tulip poplars) to screen out development if the vista
from Monticello is angled down on the site. The lower limbs of the trees can be pruned to
open ground -level views while protecting the vista from Monticello.
8. The lighting of buildings and parking areas should be shielded to eliminate glare.
To address the Monticello viewshed protection recommendations of the master plan, staff has
asked Monticello to comment on any anticipated impacts to their viewshed this proposal would
have. Comments have not yet been received but will be forwarded to you as soon as they are
available.
Master Plan Transportation Recommendations:
The Pantops Master Plan recommends that the local street grid internal to Pantops be improved
and local connections are recommended. Specific recommendations regarding the Hansen
Mountain Road /1 -64 Interchange are included in the plan:
• Improve the Level of Service of the 1 -64 /Route 250 Interchange, including double
left turn lanes on the east bound off ramp. Other traffic management and signal
improvements should be considered.
• Relocate Hansens Mountain Road from its current intersection with Route 250 to a new
location that would ultilize the Glenorchy Drive /Peter Jefferson Parkway crossover at
Route 250 in a manner that avoids significant negative impacts to occupied dwelling
units in the Glenorchy neighborhood
• Hansen Mountain Road /Route 250 safety improvements are needed. In the short term,
the crossover of Hansens Mountain Road on Rt. 250 should be closed. In the long term,
the Hansen Mountain Road should be relocated so that traffic is rerouted, likely to
Glenorchy Drive.
The relocation of Hansen's Mountain Road to Viewmont Court is generally supported by the
Pantops Master Plan. However, since no traffic analysis has been provided, or information on
how the connection can be made, it is not possible for staff to evaluate whether it avoids
significant negative impacts to the Glenorchy neighborhood. It has not been demonstrated that
the road connection can be made without impacting adjoining property owners in Glenorchy.
The traffic impact analysis may also identify whether additional improvements would be needed
to support the proposed development of the Pantops Ridge site, such as on Route 250. The
master plan also shows an interconnection on the northern portion of the Pantops Ridge site,
referred to as "Possible Optional Roadway Network (beyond 2025)" that the proposed
development of the site should also allow for.
Staff believes that a road plan that shows the relocation of Hansen Mountain Road to Glenorchy
is needed and should address the following [Information received 315110 has not yet been
reviewed.]:
• Any future VDOT /County recommendations made following submittal and review of a
TIA (see VDOT comments below)
• Existing right -of -way and whether it is sufficient without additional right -of -way or
easements
• Information regarding any covenants /restrictions in the Glenorchy subdivision that
prohibit interconnections.
• Standards of construction for the road connection and upgrades to Viewmont Court and
Glenorchy Drive.
• Pavement widening and overlays on Viewmont Court and Glenorchy Drive, along with
any necessary right -of -way and drainage improvements. (The vertical alignment will
need to be checked also.)
• Removal of the remaining cul -de -sac, and /or abandoning of the right -of -way.
• Removal of the median and turn lanes in the median on Rt. 250 for Hansens Mountain
Road.
• Removal of Hansens Mountain Road from Rt. 250 to the new road location, and
abandoning of the right -of -way.
Master Plan Transit Recommendations:
The Pantops Master Plan recommends the following regarding transit:
• Encourage new development to contribute to funding transit services to offset the
cost of service and to reduce traffic impacts of development proposals.
• Ensure new development is transit ready.
Master Plan Parks & Green Systems:
4
The Pantops Master Plan recommends a proposed trail along the northern portion of the site
parallel /within the existing power line easement. Staff believes development of this site should
accommodate the recommended trail.
NEIGHBORHOOD MODEL
The Neighborhood Model describes the more "urban" form of development desired for the
Development Areas. It establishes the 12 Principles for Development that should be adhered to
in new development proposals. (listed below) Given that no concept/application plan has been
provided, it is not possible for staff to evaluate how the proposal would address some of these
principles.
Pedestrian Orientation and Neighborhood Friendly Streets and Paths- Accommodates walkers,
bikers, and public transportation so that mobility can be a reality for the elderly, the young, and those with
limited access to automobiles.
Sidewalks and street trees should be provided on new roads constructed. Also, the Pantops
Master Plan recommends a central greenspace focal point within the development.
Commitments have not been provided for either of these.
Transportation Networks and Interconnected Streets- Requires interconnected streets within
developments and between developments so that pedestrians can walk easily to many destinations,
traffic has alternative routes, and car trips are reduced in number and length.
This principle could be met with the proposed relocation of Hansen Mountain Road to Viewmont
Court, as recommended by the Pantops Master Plan. Given site constraints, there are no
additional interconnection opportunities from this site to adjoining properties to the east. The
future possible optional roadway discussed as a master plan recommendation should also be
provided for.
Parks and Open Space- Makes open space integral to overall design so that residents and workers can
walk to a public park, experience preserved natural areas, and enjoy public gathering spaces.
The Pantops Master Plan recommends how this principle should be addressed, through
provision of a central amenity /greenspace for the residential development of the site and
preservation of environmental features along the eastern property line. A commitment would be
needed to assure this principle is met.
Mixed Uses- Contains a mixture of residential and non - residential uses so residents have convenient
access to work, to services, and to entertainment.
This site is not recommended for mixed use in the master plan.
Affordability and Mixture of Housing types- Mixes housing types and markets so that a full range of
housing choices is offered within the neighborhood.
The proposal does not indicate a mixture of housing types. Also, the County's Affordable
Housing policy directs that 15% of the total number of units be affordable.
Site Planning that respects terrain- Adapts development to site terrain so that natural topography can
be preserved.
The Pantops Master Plan recommends that the natural topography of the site be preserved with
the designated Greenspace on the master plan. (See comments above) No information has
been provided on proposed grading.
5
Clear boundaries with the Rural Areas- Maintains a clear boundary between Development Areas and
Rural Areas.
Recommendations of the Pantops Master Plan regarding treatment of the RA boundary should
be incorporated into this development proposal. No information on special treatment of this
boundary has been provided.
Neighborhood Centers- Provides for neighborhoods to have a designated center to bring diverse and
continuous activity to a neighborhood.
This principle is met with nearby centers.
Redevelopment- Emphasizes re -use of sites. Incorporates varying densities and gradually allows for an
overall increase in density in the Development Areas to meet the goals of the Comprehensive Plan.
This principle is not applicable since the proposal is for new development. However, please
indicate whether the existing house on the property will remain or be torn down with the
proposed rezoning.
Buildings and Spaces of Human Scale- Keeps buildings and spaces at a human scale so that street
views are attractive and pedestrian — friendly.
Relegated Parking- Moves off - street parking out of sight and encourages on- street parking.
Since no plan was provided, staff cannot evaluate the proposal for conformity with these two
principles of the Neighborhood Model.
COMMENTS FROM ZONING /CURRENT DEVELOPMENT
SDP 2006 -030- The applicant should clarify whether the current site plan approval will be
abandoned if this rezoning is approved. For the purpose of clarity, we suggest that this be
addressed with a proffer.
No information was submitted for review. Without further information as to the location of
improvements and critical slopes, it is not possible to conduct a critical slopes analysis and
recommendation at this time. In addition, the WPO buffers will impact the area for development.
Therefore, the applicant may not be able to achieve the full anticipated density.
ENTRANCE CORRIDOR
It is anticipated that a residential development on the subject parcels could be appropriately
designed to meet the Entrance Corridor guidelines. The submittal materials do not provide a
level of detail that allows for any further review or comment based on those guidelines.
TRANSPORTATION
VDOT has reviewed the zoning application and has provided e-mail comments dated February
2, 2010:
Rebecca,
I have reviewed the zoning application and a Traffic Impact Study dated May 18, 2006 which
analyzes the relocation of Hansen Mountain Road to Glenorchy. The build -out year is 2011 in the
study. The re- zoning proposes 560 residential units and generates over 3,200 VPD. This
application meets the threshold for a Chapter 527 Study. The existing study lacks some
elements of the Chapter 527 study. The biggest difference I can see now is that the scope of
work for the analyzed intersections does not include intersections to 10% of the trip distribution as
6
required by the 527 Regulations. Also, the build -out year will need to be updated. Also, any
assumptions made for future development may no longer be valid and this section of the report
needs to be updated.
Although not required by the regulation, I recommend that the County and VDOT meet with the
applicant to scope the requirements of the study. Chuck Proctor, Rick Perry and I should be at
the scoping meeting and the applicant should provide the attached pre -scope of work form at
least three days prior to the meeting.
Thanks,
Joel
Joel DeNunzio, P.E.
Staff Engineer
434 - 293 -0011 Ext. 120
joel. den unzio0vdot.virginia.4ov
The applicant is urged to contact staff to set up the pre - scoping meeting. The referenced form is
attached.
PROFFERS
Staff has reviewed the two proffers submitted. Additional proffers could address some of the
issues raised above or impacts of the development.
Specific comments regarding the proffers dated 1119/10 submitted:
1. The proffer relating to the ARB approval ( #2) is unnecessary because it otherwise is an
ordinance requirement.
2. The proffer relating to Hansen's Mountain Road relocation ( #1) needs to be rewritten to
better address a) when the road must be constructed and b) when the road must be
submitted for acceptance into the state highway system. The current proffer only
addresses timing related to a subdivision plat. It does not address what is typically done
with this type of use — a site plan and building permits.
Affordable Housing
The County's Affordable Housing policy recommends that at a minimum, 15% of all units
developed under rezoning and special use permits should be affordable as defined by the
County's Office of Housing and Housing Committee or a comparable contribution should be
made to achieve the affordable housing goals of the County. Sample proffer language can be
provided.
Cash Proffer Policy for Public Facilities
The County's cash proffer policy addresses public facilities that will be funded by cash proffers:
schools, transportation, parks, libraries and public safety It is the policy of the County to require
that the owner of property that is rezoned for residential uses to provide cash proffers equivalent
to the proportional value of the public facilities deemed necessary to serve the proposed
development on the property. Accordingly, the Board will accept cash proffers for rezoning
requests that permit residential uses in accordance with this policy. However, the Board may
also accept cash, land or in -kind improvements in accordance with County and State law to
address the impacts of the rezoning. The updated cash proffer amounts, per dwelling unit, for
CY 2009 consistent with the policy are as follows:
Single Family Detached (SFD) = $18,700.00;
Single Family Attached/Townhouse (SFA/TH) = $12,700.00; and
Multifamily (MF) = $13,200.00.
Sample proffer language can be provided.
7
Fire Rescue
The proposal must comply with the Virginia Statewide Fire Prevention Code.
Albemarle County Service Authority (ACSA) & Rivanna Water & Sewer Authority (RWSA)
We have not yet received final comments from service providers and will send those to you
when they are available next week.
RESUBMITTAL OR PUBLIC HEARING
State law and County ordinance direct that action on a rezoning 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 this 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, OR
• Request indefinite deferral and state your justification for requesting the deferral.
If you 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 feel free to contact me if you wish to meet or need additional information at (434) 296-
5832 ext.3439 or rragsdale(@-albemarle.org
Sincerely,
I<" JKrdAb
Rebecca Ragsdale
Senior Planner
8
Virginia Department
DOT cif Transportation "PRE-SCOPE .. ;OF WOR,K MEETING FORM
Information on 'the Project
Traffic 'Impact Analysis Base Assumptions
The applicant is responsible for entering the relevant information and submitting -the form to VDOT -and -the
locality no less than -three (3) business days prior -to the meeting. If a -form is -not received by this deadline,
-the scope of work meeting may be postponed.
.:Consultant; Name:
7ele:
'Developer/Owner Name:
7ele:
E=mail:
Project lit 'Name: y/Count
..Location:
;(Attach regionak-and-!s1te
!specificlocation.::rnap)
❑ Site -Plan ❑ Subd Plat
bmlssion7i 'Rezoning
u Type Comp Plan ❑
pProject :Description :
(Including::.details:ontz:the::Iand
Use,-acreage,:, phasi n g ;;access
::location, .etc:.: 4tta
ch.:.additional
-sheetwif necessary)
;Proposed:..Use(s)::
'Residential
Commercial F1 Mixed Use ❑ Other ❑
:.,(Check!�a,ll!tha.t:apply;::attach
:additiona k pages iiasnecessarV.)
Residential -Uses(s)
'Number of Units:
,ITE_LU Code(s):
-Other.Use(s)
TFE LU Code(s) :
o 'Cornrnercial Use(s)
TrE LU Code(s):
:Independent Variable(s):
Square Ft or Other Variable:
Total iPeak]Hour'T6p:.
Less than 100 ❑ 100 - 499 ❑ 500-999 ❑ 1,000 or more ❑
It is important for the applicant to provide sufficient information to county and VDOT staff so that questions regarding
geographic scope, alternate methodology, or other issues can be answered at the scoping meeting.
Tra'ficLmpact4�na`lysis surnkpions
.:Study Period Existing Year: Build -out Year: Design Year:
North: South:
Study Area''Boundaries
(Attach:rnap) East: West:
iExternal FFactors That
:Could Affect;Project
(Planned!1road , improvements,
other:nearby developments)
:consistency 1Nith
:Compre'hensive :Plan
Availz le Traffic "Data
(Historical, `forecasts)
Tri Distribution Road Name: Road Name:
P
(Attach - :sketch) Road Name: Road Name:
Reak Period for Study ❑ AM El Pm ❑ SAT
Annual VehicleTrlp (heck althat apply)
:..Growth Rate: 'Peak Hour of:theGenerator
1. 6.
:Study: Intersections 2' 7'
:and %or Road 5e,grnents 3 8
;;(Attach :additional sheets °as
.necessary)
.4. 9.
Internal :allowance: ❑ Yes _❑ `No =Pass =by allowance: Yes ❑ No
Trip;Adjustment Factors o 0
'Reduction: /o trips Reduction: /o trips
5ofitware Methodology: ❑ Synchro ❑ HCS (v:2000 / +) ❑ aaSIDRA .❑ CORSIM ❑Other
Ignal Proposed
e
It is.important for the applicant to provide sufficient information to county and VDOT staff so that questions regarding
geographic scope, alternate methodology, or other issues can be answered at the scoping meeting.
Impr..overnent(s)
:Assumed :Or to be
�Gonsidered
Background'Traffic
:Studies .Considered
iP a n'Submission
❑
Master Development Plan (MDP)
❑ Generalized :Development 'Plan (GDP)
❑
Preliminary/Sketch Plan
❑ Other Plan type (Final site, subd. Plan)
:Additional Issuesto_be
❑Queuing analysis
❑ Actuation /Coordination ❑ Weaving analysis
Addressed
❑ Merge analysis
❑ Bike /Ped Accommodations ❑ Intersection(s)
❑ TDM Measures
❑ Other
NOTES on ASSUMPTIONS:
SIGNED:
PRINT NAME:
Applicant or Consultant
Applicant or Consultant
'DATE:
It is important for the applicant to provide sufficient information to county and VDOT staff so that questions regarding
geographic scope, alternate methodology, or other issues can be answered at the scoping meeting.
2010 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal Schedule
Written Comments
and Earliest Planning
Commission Public Hearing*
Resubmittal Dates
Comments to
applicant for decision
on whether to
proceed to Public
Hearing *
Legal Ad Deadline
and Decision for
Public Hearing **
Planning
Commission Public
Hearing
No sooner than*
Monday
Wednesday
Monday
Tuesday
an 1,9
Feb 17
Feb 22
Mar 16
Feb 1
Mar 3
Mar 15
Apr 6
`` > e, e ,
Mar 17
Mar 29
Apr 20
Mar 1
Mar 31
Apr 12
May 4
Mar 15
Apr 14
Apr 26
May 18
Apr 5
May 5
May 17
Jun 8
Apr 19
May 19
May 31
Jun 22
May 3
Jun 2
Jun 21
Jul 13
May 17
Jun 16
Jul 5
Jul 27
Jun 7
Jul 7
Jul 19
Aug 10
Jun 21
Jul 21
Aug 2
Aug 24
Jul 5
Aug 4
Aug 16
Sep 7
Jul 19
Aug 18
Aug 30
Sep 21
Aug 2
Sep 1
Sep 13
Oct 5
Aug 16
Sep 15
Sep 27
Oct 19
Sep 7 _ `
Oct 6
Oct 18
Nov 9
Sep 20
Oct 20
Oct 25
Nov 16
Oct 4
Nov 3
Nov 15
Dec 7
Oct 18
Nov 17
Nov 29
Dec 21
Nov 1
Dec 1
Dec 20
ki Jan1
-1 2011
Nov 15
Dec 15
..Jan 3.2011.,
'Jang25
2011
Dec 6
s Jarr5,201,ti, :
„Tu'e Jan " "18 2011;
2011,,.,s' �x
Dec 20
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`Feb:2 20 1�;1 �� �> �'.r�Feb
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; Mar
Dates shown in italics are changes due to a County holiday
* The reviewing planner will contact applicant to discuss comments of reviewers and advise that
changes that are needed are significant enough to warrant an additional submittal or advise that the
the project is ready for a public hearing. If changes needed are minor, the planner will advise that
the project go to public hearing.
** The legal ad deadline is the last date at which an applicant can decide whether to resubmit or go
to public hearing. If an applicant decides to go to public hearing against the advice of the reviewing
planner, a recommendation for denial will likely result. Generally, the applicant will will have only one
opportunity to defer the PC public hearing for the project once it has been advertised for public
hearing. Additional deferrals will not be allowed except in 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.