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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 ACCESS EASMENT 0.50' 8'-18' COMMERCIAL CURB COMMERCIAL 5.0' MIN. 4.00' 11'00 '-11.00' 11.00' 11.00' 5.0' MIN. TREE P ING P TREE G Lt 1' STRIPING 1' STRIPING 2% 2% EDGE EDGE 11 2% 2% PGL SECTION DISTRICT AVENUE (Private Road) SCALE: 1"=10' 2.50' 74.00' 6.00' 4.0, SIDEWALK ----10.00' 12.00' 12.00' 2.00' 2.50' CL I 1' STRIPING 2% 2% EDGE 2.50' 6.00' -12.00' 12.00' -10.00' SIDEWALK 2.50' -2.00' STRIPING mmm p EDGE 2% 2% I� "0 f/� SEE PGLJ SINS 10.00' INSET `B' INSET `A' ~CLEAR -0.50' CLEAR C SECTION ZONE ZONE SCALE: 1 "=10' STONEFIELD BLVD. CL OF C-7 C-15 OF TREE TREE STONEFIELD BLVD. STA 15+36.36 TO STA 19+38.83 TRANSITION STA ROAD CLASSIFICATION 19+38.83 URBAN COLLECTOR(VDOT Road) DESIGN SPEED = 25 MPH POSTED SPEED = 25 MPH -_' tt �'IRGIl`}ZP 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 �'IRGIl`n�` 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 VZ41 VP fi� v `�H FBI! .. .. . RE • • .• .. V, �%0 0% • • vol, 161 �/% FOR, Ill ; �o 1114, IF®ROP/11--i •. .. .. m, j 1`m�rJ /i f""Rollo %%V •• • • - , E 'o fi� v FBI! .. .. RE • • .• 0., vol, N %`///�� %r�%i •. .. .. m, j 1`m�rJ /i f""Rollo , *'Tha mmieuinq-1z CO planner wil ntwJ-- ap discuss, comments o1vemewerrsand. advs'e. that Channes tha 8 : -a: plicam, to d' t aria nefre ed, d: an ad'dMional submittal ouadvise that the Me project: �s ireadyf or a-, Public hearmg. if man e needed are: Dinar, the; planner wiff WWse that. thme rq � je�t: r P gQ $D!'.pwbRQ hearing, LSgialpad'fees M'Ust be,add 22 days, in: advance of thePlannin 9. Commissionpublic. aing- An addifiomd le-qW. -ad fte VAt hm P -SW need.4tm 0 pa -id 22 days in ammanceof"the Board, of, If an appOcant -de0des 10 goAo public hearon-gagainst the a4vfce of the're,4--vAng aflon fOr denJailwill-likely res d.. L G panemlly, 'tha applicaWL. wil' YWH lea vaontV: one op 'ng f ar the project Once; it. has, portunft .1 -to defu the PC pu bl[c bear i breen: adveitsed for publUr- ':hearing ..Adtfibionat deferrals: will not bel allow ey'oept in extraordinary cir.cums bncas ;su.ch as S! majorthange in the pro tp : St Itlieappi..ilcant.or,nioreis'sup�s.identifiedby; affthat have notpre'04cuslybeen brought, ToAhe appOcant's attrention, x sr of Superserrs'mWmessims,and. publicirs-2nngs vWELbe sched�ulped afftertheFtann.ing Cominision's. aiPlbnterry applir 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