HomeMy WebLinkAboutZMA201100007 Review Comments Zoning Map Amendment 2011-11-07County of Albemarle
Department of Community Development
Memorandum
To:
Claudette Grant, Senior Planner
From:
Glenn Brooks, County Engineer
Date:
7 Nov 2011
Subject:
Stonefield (Albemarle Place, ZMA201100007)
The rezoning amendment for Stonefield has been reviewed. In October, the applicant submitted
a revised proffer document. This proposes one small but significant change, allowing Stonefield
Boulevard, now called District Avenue, to be a private road.
We were told that this request for a private road is in response to a number of meetings which
occurred between the applicant and VDOT. These meetings were attempts by the applicant to
gain approvals for design features that VDOT was reluctant to grant. In these meetings, VDOT
asserted that they no longer saw a public purpose to this road, and would prefer it to be private.
In October, I advised against finalizing any comments on this rezoning until I could receive some
formal explanation from VDOT on the reasoning behind this change, or at least on the outcome
of their meetings with the applicant. After e-mail requests were unsuccessful, I sent a formal
letter on 11 October 2011 to Brent Sprinkel, the Assistant District Administrator, who I was told
attended the meetings. I have received no response.
At a meeting with the applicant on 3 November 2011, I received the attached road sections, and
some explanations for the features of the requested private road. Together with some second-
hand explanations from Joel DeNunzio of VDOT, I have pieced together a list of what I believe
are the design features under contention. From what I can tell, these are the primary reasons for
the private road request.
Four stop signs: The applicant would like to stop traffic on the through -road, District
Avenue, in two locations (in either direction, at the intersection shown in red on the
attached graphic). They feel this will make the road more pedestrian friendly, and safer.
VDOT maintains that stopping traffic on the intersecting roads is sufficient, and stopping
traffic on the main road is unwarranted, and therefore less safe.
2. Utilities under the pavement: Generally, the applicant says they would like to put utilities
under the pavement, and VDOT will not let them. The approved plan, approved by
VDOT also, shows some utilities under the pavement. VDOT has indicated that they
object to manholes or lines running under the main travelways, but would approve, and
have approved lines running perpendicular, or under turn lanes or shoulders. When
pressed for specifics, the only item of concern I can find is the waterline highlighted on
the attached graphic, and re-routed to an acceptable location in red. Presumably, were a
private road to be approved, more utility lines would be placed under the pavement.
Albemarle County Community Development
Engineering Review comments
Page 2 of 2
3. 11 ft wide travel lanes and no gutter: VDOT has approved 12ft wide travel lanes with
gutters on the curbing. The applicant would like I Ift wide lanes and no gutter. In the
four lane cross-section, this is a difference of 8'. (A graphic has been attached illustrating
the difference in the private and public road standards using cross-sections for the 4 -lane
segment of roadway.) This can be significant, both in useable real-estate for the
development, and in the driving experience. As in the case of the stop signs, there are
arguments for safety being decreased, or increased, by these changes. VDOT data
suggests wider lanes provide better visibility and safety, with room for wider vehicles and
bicycles. Neighborhood model proponents argue that wider lanes increase speeds,
decreasing safety.
4. Clear Zones: The applicant has indicated that VDOT wants street trees moved out of a
designated "clear zone" next to the roadway. This is a 1Oft width, measured from the
edge of the travel lane, on either side of the road. This has the effect of widening the
overall corridor (street, grass, trees, sidewalk) by an average of approximately 14 feet. (A
graphic has been attached illustrating the difference in the private and public road
standards using cross-sections for the 4 -lane segment of roadway.) As with wider lanes,
VDOT data suggests clear zones increase safety by increasing visibility and providing
recovering area free of collision hazards. Neighborhood model proponents again suggest
greater widths increase speeds and decrease safety. A key fact regarding the clear zone
seems to be that this requirement stems from VDOT's classification of this road as an
urban collector. If it were classified as a normal secondary road, it would not require this
clear zone. The collector classification is from a VDOT assessment that this road will
carry a significant amount of traffic. In this light, the VDOT assertion that this should be
a private road seems a contradiction.
It is recommended, if the private road is approved, it should be with the changes from the VDOT
standards as discussed above. (See attached graphics.)
Albemarle County Community Development
Engineering Review comments
Page 3 of 3
SIDEWALK
SIDEWALK
5'-6'
5'-6'
RESIDENTIAL
0.50'
50.00'
RESIDENTIAL
8'-16'
CURB
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DESIGN SPEED = 25 MPH
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 4, 2011
Ms. Valerie Long
_Williams Mullen
321 E. Main St., Suite 400.
Charlottesville, VA 22902
RE: ZMA201100007/Albemarle Place Proffer Amendment
Dear Valerie:
Staff has reviewed your initial submittal requesting to amend the proffers in order to provide
flexibility to Albemarle Place Boulevard (Stonefield Boulevard); allowing it to be either.a public or
private road.
We have a few questions and comments, listed below, which we believe should be resolved
before your proposal goes to public hearing.
Planning
Based on the information submitted, it is difficult for staff to know why you are requesting this
particular proffer amendment. Please provide adequate information justifying the need for this
request. For instance, it would be helpful if you could provide what public need or benefit -this
rezoning will serve. If there are specific obstacles requiring you to make this request, please
describe/explain them in writing.
The Places 29 Master Plan; Future Land Use Map shows Albemarle Place Boulevard (Stonefield
Boulevard) as a potential inter -connection (Pedestrian, Bicycle, or Vehicular) to Greenbrier- Drive.
Providing the flexibility for this road to be private could have implications on future road network
goals in the County. Staff is concerned that a portion of this future road connection could be
private. Comments on conformity with -the Comprehensive Plan are provided to the Planning
Commission and. Board of Supervisors. as part of the staff report.
Zoning
The following comments related to zoning matters have been provided by Sarah Baldwin:
Page I of 3 Revised 4-25-11 eke
• Consider changing the proffers and other name references -from Albemarle Place to
Stonefield to avoid confusion in the future.
• Zoning has received information from the City that they have no records or improvement
information regarding Proffer 4. Technically this proffer is in violation. Please provide
documentation or provide payment to the City.
• Updated information on the status of Proffer 8(B) or Proffer.14 needs to be provided. The
City has indicated that no road plans have been submitted per the terms of Proffer 8(B)
and the. 1st final site plan was approved 10/24/11. Under Proffer 8(B), road plans should
have been submitted within 60 days after the first final site plan is submitted. Under
Proffer 14, the applicant has 60 days after approval of the 1st final site plan to notify the
County of the option to utilize this proffer..
Current Development
Comments from the Current Development staff will be sent to you once we receive them.
Engineering and Water Resources
The following comments related to engineering and water resources have been provided. by Glenn
Brooks: Clarification: from VDOT has been requested on why this road is suddenly no longer
eligible for state maintenance. Staff is waiting to receive a response from VDOT before providing
additional comments.
ASCA
The following comments related to Albemarle. County Service Authority (ACSA) have been
provided by Alexander Morrison: If Albemarle Place Boulevard (Stonefield Blvd.) becomes a
private road, easements will be needed on all proposed ACSA infrastructure before dedication can
be completed.
Action after Receipt of Comments
After you have read this letter, please take one of the actions identified on "Action After Receipt
of Comment Letter" which is attached.
Resubmittal
If you choose -to resubmit, please use the attached form. There is no fee for the first resubmittal.
The resubmittal date schedule is provided for your convenience.
Notification and.Advertisement Fees
Recently, -the Board of Supervisors amended the zoning ordinance -to require that applicants pay
for the notification costs for public hearings. Prior to scheduling a public hearing with the Planning
Commission, payment of the following fees is needed:
$218.80 Cost for newspaper advertisement
$245.04 Cost for notification of adjoining owners (minimum $200-+ actual postage/$1 per owner.
after 50 adjoining owners)
$463.84 Total amount due prior to Planning Commission public hearing
Page 2 of 3 Revised 4-25-11 eke
Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the
Board hearing needed.
$218.80 Additional amount due prior to Board of Supervisors public hearing
$682.64 Total amount for all notifications Fees may be paid in advance. Payment for both the
Planning Commission and Board of Supervisors public hearings may be paid at the same time.
Additional notification fees will not be required unless a deferral takes place and adfoining owners
need to be notified of a new date.
Feel free to contact me if you wish to meet or need additional information. My email address is
cgrant@albemarle.org
Sincerely,
Claudette Grant
Senior Planner, Community Development
c: Tom Gallagher, Albemarle Place EAAP, LLC
enc: Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
Page 3 of 3 Revised 4-25-11 eke
DEPARTMENT OF COMMUNITY DEVELOPMENT
U �6fi0
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ACTION AFTER RECEIPT OF COMMENT LETTER
Within 30 days of the date of this letter, please do one of the following:
(1) Resubmit in response to review comments.
(2) Request indefinite deferral
(3) Request that your Planning Commission public hearing date be set
(4) Withdraw your application
(1) Resubmittal in Response to Review Comments
If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a
resubmittal date as published in the project review schedule. The full resubmittal schedule may
be found at www.albemarle.org in the "forms" section at.the Community Development page.
Be sure to include the resubmittal form on the last page of vour comment letter with vour
submittal.
The application fee which you paid covers staff review of the initial submittal and one
resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee
Schedule.)
(2) Request Indefinite Deferral
If you plan -to resubmit after 30 days from the date of the comment letter, you need to request
an indefinite deferral. Please provide a written request and state your justification for
requesting -the deferral. (Indefinite deferral means that you intend to resubmit/request a
public hearing be set with the Planning Commission after the 30 day period.)
(3) :Request Planning Commission Public Hearing Date be Set
At this -time, you may schedule a public hearing with the Planning Commission. However, we
do not advise that you go directly to public hearing if staff has identified issues in need of .
resolution that can be addressed with a resubmittal.
After outstanding issues have been resolved and/or when you are ready to request a public
hearing, staff will set your public hearing date for the Planning Commission in accordance with
Page 1 of 6 Revised 4-25-11 eke
the Planning Commission's published schedule and as mutually agreed by you and the County.
The staff report and recommendation will be based on the latest information provided by you
with your initial submittal or resubmittal. Please remember that all resubmittals must be made
on or before a resubmittal date.
By no later than twenty-one (21) days before the Planning Commission's public hearing, a
newspaper advertisement fee and an adjoining owner notification fee must be paid. (See
attached Fee Schedule) Your comment letter will contain the actual fees you need to pay.
Payment for an additional newspaper advertisement is also required twenty-two (22) days prior
to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad
Payments for Public Hearings form.
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.
(4) Withdraw Your Application
If at any time you wish to withdraw your application, please provide your request in writing.
Failure to Respond
If we have not received a response from you within 30 days, we will contact you again. At that
time, you will be given 10 days to do one of the following: a) request withdrawal of your
application, b) request deferral of your application to a specific Planning Commission date as
mutually agreed -to with staff, or c) request indefinite deferral and state your justification for
requesting the deferral. If none of these choices is made within 10 days, staff will schedule
your application for a public hearing based on the information provided with your original
submittal or the latest submittal staff received on a resubmittal date.
Fee Payment
Fees may be paid in cash or by check and must be paid at the Community Development Intake
Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the
Review Coordinator.
Page 2 of 6 Revised 4-25-11 eke
FEE SCHEDULE FOR ZONING APPLICATIONS
A. For a special use permit:
1.
Additional lots under section 10.5.2.1; application and first resubmission
Fee.................................................................................................................................$1,000.00
Each additional resubmittal..............................................................................................$500.00
2.
Public utilities; application and first resubmission
Fee.................................................................................................................................$1,000.00
Each additional resubmittal..............................................................................................$500.00
3.
Daycare center; application and first resubmission
Fee..................................................................................................................................$1,000.00
Each additional resubmittal..........................................................:...................................$500.00
4.
Home occupation Class B; application and first resubmission
Fee............................................................:....................................................................$1,000.00
Each additional resubmittal..............................................................................................$500.00
5.
5. Amend existing special use permit; application and first resubmission
Fee.................................................................................................................................$1,000.00
Each additional resubmittal..............................................................................................$500.00
6.
Extend existing special use permit; application and first resubmission
Fee....................................................:.....................................................I..........:............$1,000.00
Each additional resubmittal..............................................................................................$500.00
7.
All other special use permits; application and first resubmission
Fee.................................................................................................................................$2,000:00
Each additional resubmittal..........................................................................................
$1,000.00
8.
Deferral of scheduled public hearing at applicant's request
Fee....................................................................................................................................$180.00
B. For amendment to text of zoning ordinance:
Fee.........................................................................................................................................$1000.00
C. Amendment
to the zoning map:
1.
Less than 50 acres; application and first resubmission
Fee.................................................................................................................................$2,500.00
2.
Less than 50 acres; each additional resubmission
Fee.................................................................................................................................$1,250:00
3.
50 acres or greater; application and first resubmission
Fee.................................................................................................................................$3,500.00
4.
50 acres or greater; each additional resubmission
Fee.....................................................................................................:...........................$1,750.00.
-5.
Deferral of scheduled public hearing at applicant's request
Fee..................................................................................................................:.................$180.00
D. Board of Zoning Appeals:
1.
Request for a variance or sign special use permit
Fee....................................................................................................................................$500.00
2.
For other appeals to the board of zoning appeals (including appeals of zoning administrator's
decision) -
Fee (to be refunded if the decision of the zoning administrator is overturned) .......$240.00
N. Required notice:
1.
Preparing and mailing or delivering up to fifty (50) notices:
Fee....................................................................................................................................$200.00
plus the
actual cost of first class postage
2.
Preparing and mailing or delivering, per notice more than fifty (50):
Fee........................................................................................................................................$1.00
plus the
actual cost of first class postage
3.
Published notice:
Fee............................................:.........................................................................................Actual
cost
Page 3 of 6 Revised 4-25-11 eke
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Page 5 of 6 Revised 4-25-11 eke
FOR OFFICE USE ONLY SP # or ZMA #
Fee Amount $ Date Paid By who? Receipt # Ck# By:
Resubmittal of information for Special Use Permit or ���"'
Zoning Map Amendment �„��
PROJECT NUMBER: 2M4 aVil nc)(w)7A PROJECT NAME:
❑ Resubmittal Fee is Required ElResubmittal Fee is Not Required
/}
( �laj& .
Community Development Project Coordinator Signature Date
a -0
Name of Applicant Phone Number Signature
FEES
Date
To be Daid after staff review for Dublic notice:
Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public
hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a.legal
advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are
required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided
to the applicant after the final cost is determined and must be paid before the application is heard by a public body.
MAKE CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER
Preparing and mailing or delivering up to fifty (50) notices
$200 + actual cost of first-class postage
Preparing and mailing or delivering each notice after fifty (50)
$1.00 for each additional notice + actual
cost of first-class postage
Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(minimum of $280 for total of 4publications)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
4/28/2011 Page 1 of 1
County of Albemarle
Department of Communitv Development
Memorandum
To:
From: Claudette Grant, Senior Planner
Division: Planning
Date: January17, 2012
Subject: ZMA 2011-00007 Albemarle Place/Stonefield Proffer Amendment
Staff has reviewed the re -submittal, dated December 5, 2011, regarding the proffer amendments in
order to provide flexibility to District Avenue (formally known as Albemarle Place Boulevard); allowing
it to be either a public or private road.
The following staff comments, listed below will need to be resolved prior to the Board of Supervisors
public hearing:
Proffers
The following comments have been provided by Greg Kamptner:
• Proffer 8(b) should be amended to address the violation, assuming that the notice required by
Proffer 14 that would make that alternative effective is not provided. This issue has been
addressed. (See Zoning comment below)
Planning
• Staff encourages the applicant to revise the street names on the application plan. Following
the proffers and various name changes could become confusing.
• A proffer needs to be included to address the reservation of the road's (District Avenue) right-
of-way for dedication for public use.
Zoning
The following comments (previously submitted) related to zoning matters have been provided by
Sarah Baldwin:
• Zoning has received information from the City that they have no records or improvement
information regarding Proffer 4. Technically this proffer is in violation. Please provide
documentation or provide payment to the City.
• Staff received a letter addressed to Mark Graham, dated January 11, 2012 from Thomas R.
Gallagher regarding Proffer 8 (B) and notification to the City of Charlottesville.
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by Glenn
Brooks:
• The rezoning amendment for Stonefield has been reviewed. This proposes one small but
significant change, allowing Stonefield Boulevard, now called District Avenue, to be a private
street. This would enable the applicant to forego some of the requirements of VDOT.
To the average driver, there will be no discernible difference between the private and public
street. The proposed changes are minor, and it is not clear why VDOT would not accept them.
In brief, by allowing a private street, the county will be allowing the following changes to the
design of the street;
1. A four-way stop condition at the intersection of Bond Street and District Avenue
2. Utilities under the pavement (water and sewer).
3. The elimination of the concrete gutter north of Houston Street.
4. Placement of street trees and sidewalk approximately 5 feet closer to the street.
5. Removal of some drains under the pavement.
All of these changes are allowable under the written VDOT standards, which contain some
flexibility in implementation. If the board should approve the revised proffers to allow a private
street, it is recommended that the standards not be specifically called out. This will allow staff,
VDOT and the applicant to modify the design details in future. From the notes currently on the
plan, it appears more changes may be forthcoming.
The following staff comments, listed below are for information:
ASCA
The following comments related to Albemarle County Service Authority (ACSA) have been provided
for your information by Alexander Morrison:
• Capacity issues for sewer that may affect this proposal include (Meadow Creek Interceptor —
No capacity until work is completed).
• This will require Rivanna Water and Sewer Authority capacity certification.
COMMONWEALTH OF VIRGINIA
GREGORY A. WHIRLEY
COMMISSIONER
November 8, 2011
Mr. Glenn Brooks, P.E.
DEPARTMENT OF TRANSPORTATION
1601 ORANGE ROAD
CULPEPER, VIRGINIA 22701
VirginiaDOT.org
County Engineer
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902
Dear Mr. Brooks:
Thank you for your letter dated October 11, 2011 in reference to the eligibility of the proposed Stonefield
Boulevard for state maintenance. The Virginia Department of Transportation (VDOT) has determined
that the subject road is not eligible for reasons noted below. -
First, during VDOT's initial review of the traffic study for the proposed Albemarle Place, this internal
road was to function as a collector road and offer mitigation to the traffic impacts on the surrounding road
network by constructing a road that would provide some relief to the Route 29/ 743 intersection. The
mitigation provided from this internal road would allow the traveling public an alternate route around the
Route 29/743 intersection that did not have an origin or destination within the development and provide
some relief to a congested intersection. The initial layout of the internal road proposed traffic signals at
its intersection to Route 29 and to Route .743 with one internal intersection that may be a four way stop
condition. In the recently submitted layouts, the internal road within the development has proposed as
many as six four way stop conditions that to date have not met the warrants for this type of traffic control.
The installation of this type of traffic control without warrant is against VDOT's policy and will nullify
the mitigation for providing relief to the Route 29/743 intersection by reducing the capacity and
functionality of the internal road.
Second, the proposed waterline for the development is within the pavement of the internal road.
Although, VDOT does allow utilities under the pavement of roads in certain cases, it is VDOT policy to
have the installation in the outer parts of the proposed right of way and outside of the paved areas when
possible. The proposed Stonefield Boulevard has a clear zone area behind the curb of approximately 10
feet in which the waterline could be located without conflict to the proposed street trees.
WE KEEP VIRGINIA MOVING
Mr. Glenn Brooks, P.E.
November 8, 2011
Page 2
VDOT has determined that due to the developers' reluctance to adequately address the above items for a
public road, the proposed Stonefield Boulevard is not eligible to be added to the state system of secondary
roads.
Sincerely,
D. Brent Sprinkel, P. E.
Assistant District Administrator
VDOT-Culpeper District