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HomeMy WebLinkAboutZMA201200006 Review Comments Zoning Map Amendment 2013-02-12U Fn �'IRGI^1�P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone(434)296 -5832 Fax(434)972 -4126 February 12, 2013 Church of Our Saviour c/o Geoffrey Kilmer 1165 Rio Road East Charlottesville, VA 22901 RE: ZMA201200006 — Church of Our Saviour Dear Mr. Kilmer: Staff has reviewed your re- submittal information, dated January 7, 2013. We have a few comments which are listed below: Zoning The following comments related to zoning matters have been provided by Francis MacCall: 1. As described in the response letter from Frank Pohl, the future of the existing metal building is unclear. As a result, you do not wish to proffer a plan. If you wish to use the plat as a concept plan, this would be okay, along with a note referring to the existing cemetery not to be used as a commercial cemetery. The physical development issues can sufficiently be addressed through site plans. Please inform us of which plan you wish to use as a concept plan. Engineering and Water Resources See the attachment for comments related to engineering and water resources, which have been provided by Michael Koslow: Entrance Corridor The following previous comments related to the Entrance Corridor Guidelines have been provided by Margaret Maliszewski: 1. Extending the C1 zoning as proposed is not expected to have a negative impact on the EC. It is anticipated that the new building on parcel 146D will have limited visibility from the EC. A Certificate of Appropriateness will be required, and mitigation of any potential impacts of the design can be addressed with that review. 2. An historic church and a cemetery stand on parcel 144. The existing trees and other landscaping on site help establish an appropriate setting for these resources. Maintaining the trees and landscaping is important. Placing the new building on parcel 146D in the same location as the existing building helps reduce impacts on the church and cemetery. RWSA The following comment related to Rivanna Water and Sewer Authority (RWSA) has been provided by Victoria Fort. 1. The following previous comment has not been addressed: • Label RWSA waterline as'30" RWSA DIP Water Line' Proffers The following comment relate to proffers: 1. See attached proffer statement with instructions for the suggested format. This will be needed so that we can submit the proffers to Greg Kamptner for his review prior to public hearing. In conclusion, staff believes that all other previously mentioned outstanding issues have been resolved regarding this request with the exception of the outstanding comment from RWSA, completed proffer statement, and decision regarding which plan will be used as the concept plan. Once these few, minor outstanding issues are resolved and /or clarified, this rezoning amendment request should be ready for a Planning Commission public hearing. Please inform staff of your wishes regarding the next step for this rezoning amendment. Action after Receipt of Comment Letter After you have read this letter, please take one of the actions below: (1) Resubmit in response to review comments on a Resubmittal Monday -- Schedule can be found at this address: http: / /www.albemarle.org /upload /images /forms center /departments /Community Devel opment /forms /schedules /Special Use Permit & Zoning Map Amendment Schedule.pdf (2) Request indefinite deferral (3) Request that a Planning Commission public hearing date be set (4) Withdraw your application If you choose to resubmit, be aware that a fee of $1,250.00 is required with your resubmittal. Please use the form provided with this letter. If you choose to go directly to public hearing, payment of the following fees is needed a minimum of twenty -one (21) days before the Commission's scheduled public hearing: $211.10 Cost for newspaper advertisement $205.64 Cost for notification of adjoining owners $416.74 Total amount due prior to Planning Commission public hearing Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board hearing needed. $211.10 Additional amount due prior to Board of Supervisors public hearing 2 $627.84 Total amount for all notifications Notification of adjoining owners and an associated fee are not needed unless a deferral takes place and adjoining owners need to be notified of a new date. Fees may be paid in advance and a payment for both the Planning Commission and Board of Supervisors public hearings may be paid at the same time. Please feel free to contact me if you wish to meet or need additional information. My email address is cgrant @albemarle.org Sincerely, I Senior Planner, Community Development C: Frank Pohl enc: Resubmittal Schedule Resubmittal Form Attachments Claudette Grant From: Oleynik, Megan (VDOT) [ Megan .Oleynik @vdot.virginia.gov] Sent: Friday, February 01, 2013 4:03 PM To: Claudette Grant Cc: Joel DeNunzio, P.E. Subject: ZMA 2012 -00006 Church of Our Saviour Claudette, We have no additional comments on the subject rezoning. Thanks, Megan Oleynik Engineering Intern VDOT - Culpeper District ry ATTACHMENT D C A'lr � IRGII�P County of Albemarle Department of Communitv Development Memorandum To: Claudette Grant, Senior Planner From: Michael Koslow, Civil Engineer II Date: 21 November 2012 (Revl) 28 January 2013 Subject: Church of Our Saviour (ZMA201200006) The proposed rezoning of part of parcel 06100- 00- 00 -146D has been reviewed. The following comments are provided for your review; 1. Recommend a label for existing portion of Rio School Lane (shown as connecting to the existing secondary access road on sheet C -4) on sheets C -3 and C -4. (Rev]): It is acknowledged that the rezoning request does not include or require access from Rio School Road; this is simply a plan clarity recommendation (still remains as a recommendation). 2. Construction for this project could impact existing critical slopes as noted in SDP2012 -00049 comments (a critical slopes waiver request is preferred but not needed for rezoning). (Rev]): Comment has been acknowledged. 3. The proposed off -site secondary access route (existing 20' wide platted private street Rio School Lane) is required to meet the standards for a private road set forth in the subdivision ordinance, whether or not the property is proposed to be subdivided [18- 32.7.3 *]. Rio School Road does not meet the requirements for a private road in the development area serving a commercial property [18- 14.412]. This section requires private streets which serve commercial parcels to meet Virginia Department of Transportation standards. The following characteristics of Rio School Lane are deficient per VDOT standards (see VDOT Road Design Manual "Geometric Design Standards for Residential and Mixed Use Subdivision Streets Table 1 — Curb and Gutter Section): a. Minimum road width = 24' (existing road appears to be 14' wide at one section per 11/20/2012 field visit) b. Maximum grade = 8 % ** (existing road appears to have a grade of 10.8 per 11/20/2012 field visit). In addition, curb and gutter is required in parking areas and along travelways [18- 4- .12.15.g]. Rio School Lane does not currently have curb and gutter. Recommend reasonable improvements to Rio School Lane in the form of curb and gutter addition, drainage enclosure, and widening to 24' width to accommodate potential increases in traffic due to the multiple commercial parcels it serves. (Rev]): At the rezoning stage, improvements to Rio School Lane would not be a requirement, despite the existing non - conformities identified above. It is noted that there is an active site development plan application (SDP2012- 00049) for improvements to the property. Albemarle County engineering will defer to VDOT regarding site access requirements for Rio School Lane. If there is no envisioned improvement to Church of Our Saviour at this time which would increase traffic and the entrance is not currently being utilized, engineering recommends closing this access (or as stated above adherence to VDOT requirements for access). 4. An access easement along Rio School Lane will be required for secondary access to the property. (Rev]): See response to comment #3 above. C:\ Users \cgrant\AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \7XXRR6EZ\E2 zma MAK ZMA201200006_Church _ of Our Saviour.doc Albemarle County Community Development Engineering Review comments Page 2 of 2 S. A WPO plan set to address erosion and sediment control and stormwater management will be required for site construction (not needed for rezoning). 6. (Rev]): Comment has been acknowledged * While Rio School Road is the secondary access for Church of Our Saviour, it is also the existing principal access road for parcel 06100- 00- 00 -146A and 06100 -00 -00 -146 ** VDOT Table references American Association of State Highway and Transportation Officials' "A Policy on Geometric Design of Streets and Highways, 6 °i edition, 2011 ( "Green Book "). Grade design standards are from page 5 -12 of the Green Book. Original Proffers Amendment PROFFER STATEMENT ZMA No. Tax Map and Parcel Number(s): Owner(s) of Record: Date of Proffer Signature: acres to be rezoned from to , is the owner (the "Owner ") of Tax Map and Parcel Number (the "Property") which is the subject of rezoning application ZMA No. , a project known as " " (the "Project "). Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle County Code), the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. Each signatory below signing on behalf of the Owner covenants and warrants that it is an authorized signatory of the Owner for this Proffer Statement. 1. 2 OWNER Name: Tax Map and Parcel Number: OWNER By: Title: Entity: Tax Map and Parcel Number: Version: 12/10/12 Original Proffers Amendment [The "Original Proffers" line should be marked with an "X" if these proffers are the first proffers to be applied to the land under the proposed zoning; the "Amendment" line should be marked with an "X" only if these proffers amend existing proffers and the zoning district designation is not being changed.] PROFFER STATEMENT ZMA No. [Insert the ZMA number issued by the Department of Community Development] Tax Map and Parcel Number(s): [Insert the 14 -digit tax map and parcel number of each parcel or portion thereof being rezoned; if a portion of a parcel being is rezoned, note that it is a portion, e.g., "(portion). "] Owner(s) of Record: [Insert the names of all of the owners of all of the parcels, exactly as they appear on recorded instruments] Date of Proffer Signature: [Insert the date the proffers are signed] [Insert acreage] acres to be rezoned from [Insert the current zoning district] to [Insert the proposed zoning district] , is /are the owner(s) (the "Owner ") of Tax Map and Parcel Number(s) [Insert the 14 -digit tax map and parcel number of each parcel proposed to be rezoned] (the "Property ") which is the subject of rezoning application ZMA No. [Insert the ZMA number issued by the Department of Community Development], for a project known as "[Insert the name of the project]" (the "Project "). Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle County Code), the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. Each signatory below signing on behalf of the Owner covenants and warrants that it is an authorized signatory of the Owner for this Proffer Statement. [Text of proffer] 2. [Text of proffer] [Sample signature block if the land being rezoned is owned by one or more persons or entities; each owner of record must sign the proffers] OWNER Version: 12/10/12 Name: [Type the name of the person in which the land is owned here, below the signature line] Tax Map and Parcel Number: [If multiple parcels are being rezoned and they are under separate ownership, identify the parcels owned by this person] [Sample signature block if the land being rezoned is owned by one or more individual; each owner of record must sign the proffers] OWNER By: [Type the name of person signing on behalf of the entity here] Title: [Type the title of the person signing on behalf of the entity here, e.g., "President," "Vice - President," "Member," "Manager- Member "] Entity: [Type the name of the entity that owns the land being rezoned] Tax Map and Parcel Number: [If multiple parcels are being rezoned and they are under separate ownership, identify the parcels owned by this entity] Delete all of the boldfaced and bracketed text when the proffers are prepared and delete or add owner signature blocks as necessary 2 Version: 12/10/12 *-&A County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Michael Koslow, Civil Engineer I1 Date: 21 November 2012 (Rev1) 28 January 2013 Subject: Church of Our Saviour (ZMA201200006) The proposed rezoning of part of parcel 06100- 00- 00 -146D has been reviewed. The following comments are provided for your review; 1. Recommend a label for existing portion of Rio School Lane (shown as connecting to the existing secondary access road on sheet C -4) on sheets C -3 and C -4. (Rev-1): It is acknowledged that the rezoning request does not include or require access from Rio School Road; this is simply a plan clarity recommendation (still remains as a recommendation). 2. Construction for this project could impact existing critical slopes as noted in SDP2012 -00049 comments (a critical slopes waiver request is preferred but not needed for rezoning). (Rev-1): Comment has been acknowledged. 3. The proposed off -site secondary access route (existing 20' wide platted private street Rio School Lane) is required to meet the standards for a private road set forth in the subdivision ordinance, whether or not the property is proposed to be subdivided [18- 32.7.3 *]. Rio School Road does not meet the requirements for a private road in the development area serving a commercial property [18- 14.412]. This section requires private streets which serve commercial parcels to meet Virginia Department of Transportation standards. The following characteristics of Rio School Lane are deficient per VDOT standards (see VDOT Road Design Manual "Geometric Design Standards for Residential and Mixed Use Subdivision Streets Table 1 — Curb and Gutter Section): a. Minimum road width = 24' (existing road appears to be 14' wide at one section per 11/20/2012 field visit) b. Maximum grade = 8 % ** (existing road appears to have a grade of 10.8 per 11/20/2012 field visit). In addition, curb and gutter is required in parking areas and along travelways [18- 4- .12.15.g]. Rio School Lane does not currently have curb and gutter. Recommend reasonable improvements to Rio School Lane in the form of curb and gutter addition, drainage enclosure, and widening to 24' width to accommodate potential increases in traffic due to the multiple commercial parcels it serves. (Rev]): At the rezoning stage, improvements to Rio School Lane would not be a requirement, despite the existing non - conformities identified above. It is noted that there is an active site development plan application (SDP2012- 00049) for improvements to the property. Albemarle County engineering will defer to VDOT regarding site access requirements for Rio School Lane. If there is no envisioned improvement to Church of Our Saviour at this time which would increase traffic and the entrance is not currently being utilized, engineering recommends closing this access (or as stated above adherence to VDOT requirements for access). 4. An access easement along Rio School Lane will be required for secondary access to the property. (Rev-1): See response to comment #3 above. C:\inetpub \wwwroot \cityviewlazerfiche — integration \tempdocholder \46060.doc Albemarle County Community Development Engineering Review comments Page 2 of 2 5. A WPO plan set to address erosion and sediment control and stormwater management will be required for site construction (not needed for rezoning). 6. (Rev]): Comment has been acknowledged. * While Rio School Road is the secondary access for Church of Our Saviour, it is also the existing principal access road for parcel 06100- 00- 00 -146A and 06100 -00 -00 -146 ** VDOT Table references American Association of State Highway and Transportation Officials' "A Policy on Geometric Design of Streets and Highways, 6t'' edition, 2011 ( "Green Book "). Grade design standards are from page 5 -12 of the Green Book. �� OF ALBS, �'IRGII`�P 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 30, 2012 Church of Our Saviour c/o Geoffrey Kilmer 1165 Rio Road East Charlottesville, VA 22901 RE: ZMA201200006 —Church of Our Saviour Dear Mr. Kilmer: Staff has reviewed your initial submittal requesting to rezone 0.346 acres from R -2, residential zoning district to C -1, commercial zoning district to accommodate a new building and meet 50- foot setback. There are no dwellings proposed. We have a number of questions and comments which we believe should be resolved before your proposal goes to public hearing. We would be glad to meet with you to discuss these issues. Our comments are provided below: Initial comments on how your proposal generally relates to the Comprehensive Plan are provided below. Comments on conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of the staff report. COMPREHENSIVE PLAN The land use designation for this property is Neighborhood Density Residential, and Urban Mixed Use (in areas around Centers). Neighborhood Density Residential — areas are intended to have a gross density between 3 to 6 dwellings per acre and may be located within the Urban Area, Communities and Villages. Neighborhood Density Residential areas are intended to accommodate all dwelling unit types as well as institutional uses such as places of worship, public and private schools, and early childhood education centers including day care centers and preschools. It is anticipated that Neighborhood Density Residential areas will accommodate small areas of non - residential land uses on the scale of Neighborhood Service to serve residential uses. Urban Mixed Use - The Places 29 Master Plan designates this property as Urban Mixed Use (in Centers), which allows retail, residential, commercial, employment, office, institutional, and open space uses. • The County's Open Space Plan describes a surveyed historic site within this area. Neighborhood Model: The following describes how the proposed development meets or does not meet the principles of the Neighborhood Model: Pedestrian Orientation — Sidewalks and covered walkways will connect the proposed new building to the existing church. It is not clear if there will be sidewalks going to the parking areas. It is not clear if this principle is addressed. Neighborhood Friendly Streets and Paths —The street does not really appear to be a street, but a travelway /driveway or access to the parking area. This principle is not addressed. Interconnected Streets and Transportation Networks — Will the access shown on the plan be the access for the new building? The access appears to go through other adjacent properties. Is there an easement or permission to do this? It is unclear if this principle is addressed. Parks and Open Space —This is a small redevelopment on a site with an existing church. This principle is not applicable. Neighborhood Centers — Although there are a number of churches located in the vicinity, this church could be a neighborhood center for the area. This principle is met. Buildings and Spaces of Human Scale —The proposed 2 -story building will be larger than the existing one -story building. While, the proposed building height is appropriate in a C -1 district, without elevations it is difficult to know if the building will be of human scale and how it will relate to the existing site. It is unclear if this principle is met. Relegated Parking —The plan shows some of the existing parking. However, it is unclear if additional parking will be provided with the new building. The proposed new building is at the rear of the church property. It appears the parking could be relegated, but it is not clear that the parking is relegated. Mixture of Uses —This site is part of an existing church, which is adjacent to a residential neighborhood and a variety of commercial uses, staff does not see this as a major issue. Mixture of Housing Types and Affordability — This is not applicable, given the type of facility proposed. Redevelopment —This is the redevelopment of an existing building on the property. This principle is met. 2 Site Planning That Respects Terrain —The existing building will be replaced by a new larger building. Minimal disturbance to the terrain is suggested. Clear Boundaries with the Rural Areas — Not Applicable. More detailed comments may be provided after more detailed information is provided. APPLICATION PLAN- DETAILED COMMENTS 1. On Sheet C -1 the title and owner are spelled incorrectly. Should be Saviour. 2. The secondary access shown on sheet C -4 appears to go across adjacent property. Is there an easement for the secondary access shown on sheet C -4? If yes, please provide the easement or work with the adjacent property owners to provide this. Zoning The following comments related to zoning matters have been provided by Francis MacCall: 1. It should be clear on all pages of the plan provided that show the area to be rezoned that the surveyed area is the same on each applicable page and is clearly identified. One says .349 acres and one says .346 acres. 2. It is recommended that a note on the plan is added along with a physical boundary defining the cemetery on the portion of parcel 144 that is being rezoned. Something to the affect that the cemetery is considered accessory to the church use and is not a commercial cemetery. 3. A proffer that links the development of the .346 acres to be in general accord with the plan may be helpful, thus referring to the extent of the cemetery with this plan would be helpful. The intent is not to proffer the entire plan, but to somehow distinguish the changes. Engineering and Water Resources See the attachment for comments related to engineering and water resources, which have been provided by Michael Koslow: Entrance Corridor The following comments related to the Entrance Corridor Guidelines have been provided by Margaret Maliszewski: 1. Extending the C1 zoning as proposed is not expected to have a negative impact on the EC. It is anticipated that the new building on parcel 146D will have limited visibility from the EC. A . Certificate of Appropriateness will be required, and mitigation of any potential impacts of the design can be addressed with that review. 2. An historic church and a cemetery stand on parcel 144. The existing trees and other landscaping on site help establish an appropriate setting for these resources. Maintaining the trees and landscaping is important. Placing the new building on parcel 146D in the same location as the existing building helps reduce impacts on the church and cemetery. VDOT Comments have not been received. Staff will send comments upon receipt. 3 RWSA The following comments related to Rivanna Water and Sewer Authority (RWSA) has been provided by Victoria Fort. 1. RWSA previously submitted comments on the preliminary site plan for the Church improvements. (See attached) RWSA wants to be informed when a revised site plan is available. Proffers The following comments relate to proffers: 1. Proffers have not been submitted. Please see the Zoning comments as they relate to potential proffers. 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: $211.10 Cost for newspaper advertisement $205.64 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50 adjoining owners) $416.74 Total amount due prior to Planning Commission public hearing Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board hearing needed. $211.10 Additional amount due prior to Board of Supervisors public hearing $627.84 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 adjoining owners need to be notified of a new date. El Feel free to contact me if you wish to meet or need additional information. My email address is cgrant@albemarle.org. Sincerely, Senior Planner Community Development enc: Action After Receipt of Comments Resubmittal Schedule Resubmittal Form Attachments Claudette Grant From: Victoria Fort [vfort @rivanna.org] Sent: Tuesday, January 22, 2013 4:22 PM To: Claudette Grant Cc: Alex Morrison Subject: ZMA2012 -00006 Church of Our Saviour Claudette, RWSA has reviewed the conceptual plan and comment response letter for ZMA Application 2012 -00006 - Church of Our Saviour as prepared by Pohl Consulting, LLC and dated January 7, 2013. At this time, I have only the following comment, which was not addressed from my previous set of comments: • Label RWSA waterline as '30" RWSA DIP Water Line' All other comments have been acknowledged. Please let us know when a site plan is submitted for review. Thanks a lot, Victoria Victoria Fort, EIT Civil Engineer Rivanna Water and Sewer Authority 695 Moores Creek Lane Charlottesville, VA 22902 (P): (434) 977 -2970 ext. 205 (F): (434) 295 -1146 ,, 1 ATTACHMENT E �fRGIN1P County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Michael Koslow, Civil Engineer II Date: 21 November 2012 Subject: Church of Our Saviour (ZMA201200006) The proposed rezoning of part of parcel 06100- 00- 00 -146D has been reviewed. The following comments are provided for your review; 1. Recommend a label for existing portion of Rio School Lane (shown as connecting to the existing secondary access road on sheet C -4) on sheets C -3 and C -4: 2. Construction for this project could impact existing critical slopes as noted in SDP2012 -00049 comments (a critical slopes waiver request is preferred but not needed for rezoning). 3. The proposed off -site secondary access route (existing 20' wide platted private street Rio School Lane) is required to meet the standards for a private road set forth in the subdivision ordinance, whether or not the property is proposed to be subdivided [18- 32.7.3 *]. Rio School Road does not meet the requirements for a private road in the development area serving a commercial property [18- 14.412]. This section requires private streets which serve commercial parcels to meet Virginia Department of Transportation standards. The following characteristics of Rio School Lane are deficient per VDOT standards (see VDOT Road Design Manual "Geometric Design Standards for Residential and Mixed Use Subdivision Streets Table 1— Curb and Gutter Section): a. Minimum road width = 24' (existing road appears to be 14' wide at one section per 11/20/2012 field visit) b. Maximum grade = 8 % ** (existing road appears to have a grade of 10.8 per 11/20/2012 field visit). In addition, curb and gutter is required in parking areas and along travelways [18- 4- .12.15.g]. Rio School Lane does not currently have curb and gutter. Recommend reasonable improvements to Rio School Lane in the form of curb and gutter addition, drainage enclosure, and widening to 24' width to accommodate potential increases in traffic due to the multiple commercial parcels.it serves. 4. An access easement along Rio School Lane will be required for secondary access to the property. 5. A WPO plan set to address erosion and sediment control and stormwater management will be required for site construction (not needed for rezoning). * While Rio School Road is the secondary access for Church of Our Saviour, it is also the existing principal access road for parcel 06100- 00- 00 -146A and 06100 -00 -00 -146 ** VDOT Table references American Association of State Highway and Transportation Officials' "A Policy on Geometric Design of Streets and Highways, 6t' edition, 2011 ( "Green Book"). Grade design standards are from page 5 -12 of the Green Book. C: \Users\mkoslow\Documents \Current Reviews\ZMA201200006 Church of Our Saviour\E1 zma MAK ZMA201200006 Church of Our Saviour.doc ALBEt11ARLE COUNTY CODE 32.7.3 STREETS: ROADS .In the case of any site plan. involving :multiple uses, including multiple dwelling units, the principal means of access thereto shall conform to the standards of the Virginia Department of Transportation, or, in the case of a private road. to the applicable standards for private roads set forth :in the subdivision ordinance, whether or not the property is proposed to be subdivided. The commission may waive this requirement for access ways between adjoining properties and emergency access ways required pursuant to section 32.7.2. (Added 5 -1 -87) 32.7::1.1. The agent may modify street geometric design standards for public local, collector and minor loop streets, provided that: a. Approval for modification is obtained from the Virginia Department of Transportation where applicable; b. Off - street parking spaces are provided to compensate :for the loss of on- street parking due to modification of geometric design. standards; C. The developer shall, be responsible for the placing of "no parking" signs on all travel, lanes, driveways or streets to prohibit parking on such roads or driveways. Where cul -de- sac turnarounds are utilized under this modification, if the right -of -way radius is fifty (50) feet and the paved radius -is forty (40) feet, the developer shall install "no parking" signs for the complete circle where such. signs are required by the commission or the agent. If the right- of- wav:radius is increased to sixty (60) feet and the paved radius is increased to fifty (50) feet, parking on the turnaround maybe permitted. (32.5.6, 191;0; Amended 5 -1- 87) 32.7.3? All cul -de -sacs shall have a turning .radius in accordance with applicable Virginia. Department of Transportation standards. In the case of any such street which is not part of the state highway system, the commission may require at least one sign of a type approved by the county engineer be post:edgiving notice that such street is not a through street. (32.5.9,1980: Amended 5- :1 -87) No road segment ending in a cul -de -sac or loop street shall serve more than forty -nine (49:) residential units except as provided in section 32.7.2 of this chapter. (Added 5 -1 -87) 32.7:3:3 In any case where existing public street right -of -way is less than fifty (50) :feet, additional right -of wav shall be dedicated to provide for a fifty (50) foot width or greater, if the need for such additional right -of- -way is substantially generated by the development. Such dedication shall be measured to be hventy- f.ve.(25) feeff•om the existing street centerline except-as otherwise required by the commission or the agent. Public street right-of-way of less than fifty (50) feet may be permitted upon recommendation of the Virginia Department of Transportation. (32.5.4, 1980: Amended. 5 -1 -87) 32:7.4 DRAINAGE; ST'ORMWATER MANAGEMENT: SOIL EROSION Provisions shall be trade for the disposition of surface water run -of froin the site including sueln on -site and off -site drainage facilities and drainage easements as the commission or the went, upon recommendation of the county engineer, may deem adequate. (32,513,1980; Amended 5 -1- 87) 32.7.4,1 .Except.as the commission or the agent may otherwise require in a particular case, or as expressly .provided herein, such facilities shall be so designed and installed that the rate of surface water run- off from the site, due to a rainfall of :a ten -year return, period intensity as shown on the frequency analysis curve for Charlottesville, Virginia, shall be no greater after the proposed development than before: provided, that the same may be accomplished without unreasonable adverse impact on the environment of the site. This subsection shall apply only within the geographic limits as .18 -32 -1..7 Zoning Supplement 1. 8 -13 -9S A.7.13EMARLS COTia"1'.TY CODE, (v) the locations of streams, stream buffers, steep slopes, lloodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and. location of parking, as applicable; and (vii) the maximum number of lots to be served by the rural cross - section street, the location of the nearest development and rural area boundaries, and a cross- section of existing streets to which the proposed subdivision streets would be extended, if any. 1 Consideration and findings. In reviewing a waiver request to allow a rural cross- section (no curb and .no curb and gutter) :instead, the commission shall consider: (i) the number of lots in the subdivision and the types of lots to be served; (ii) the length of the street; (iii) whether the proposed street(s) or street extension connects into an existing system of streets constructed to a rural cross - section; (iv) the proximity of the subdivision and the street to the boundaries of the development and rural areas; (v) whether the street terminates in the neighborhood or at the edge of the development area or is otherwise expected to provide interconnections to abuttingg .bolds; (vi) whether a rural cross - section in the development areas furthers the goals of the comprehensive plan, with particular emphasis on the neighborhood model and the applicable neighborhood master plan; (vii) whether the use of a rural cross - section would enable a different principle of the neighborhood .model to be more frilly implemented' and (viii) whether the proposed density of the subdivision is consistent with the density recommended in. the land use plan section of the comprehensive plan. In approving .a waiver, the commission shall find that requiting curb or curb and gutter would not forward. the purposes of this chapter or otherwise serve the public. interest; and granting the waiver would. not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engincering practices, and to the land. adjacen:tthereto. (§ 18=37 9 -5 -96 11 -21 79, - 29 -78, 8-28-74; § 18 -39 (part), 9-55-96, 10-19-77, 5-10-77,-8-28-774, 1958 Code, S§ 1.8-37,1.8-39; Ord. 98-A(1), 8-5-98, § 1.4-512; Ord, 02- 14(1), 2-6-02, § 14 -512; Ord. 05- 44(1), 4- 20 -05, effective 6- 20 -05) State lax' reference --Va. C'ode §§ 15.42-2241(4)1. 15?- 2242(:3). 14 -41.1 Standards for public streets only. In addition to the minimum design requirements set :forth set forth in section 14 -410, all public streets within a subdivision shall be designed and constructed according to Virginia Department of Transportation standards. For all public streets to be coordinated and extended as provided i.n section 14 -409, the agent may allow a public street to be constructed at less than the ultimate pavement width, provided the street meets public street standards for the lots :to be served by the streets. In determining whether to require the ultimate pavement width, the agent shall be (guided by the size ofthe subdivision, the street length, and the types of lots to be served relative to the cast of providing the ultimate width. (9 -5 -96, 1.0- 19 -77, 5- 10 -77, 8- 28 -74; 1988 Code, . §§ 18 -38, I&A. Ord, 98 -A(1); 8 -5 -98, §§ 14 -511, 14- 51.3; Ord. 0544(1), 4- 20 -05, effective 6- 20 -05) State la%v reference-Va. Code § 15,2-224](4). 1.4 -412 Standards for private streets only. In addition to the minimum design requirements set forth in section 14- 41.0, the following minimum design requirements shall apply to private streets authorized by this chapter.: A: Residential Private streets. Mach private street serving detached..residential uses authorized 'tinder sections 14 -232 or 14 -233 shall satisfy the following: 1. Streets serving two lots. Each private street serving two (2) lots: (i) shall not exceed a sixteen. (16) percent grade calculated over a distance of fifty (50) feet; (ii.) shall have a travelway that is at least ten (10) feet in width; and (iii) shall include a rectangular zone superjacentto the driveway that is clear of all obstructions, including any structures and vegetation, that is at least ten (10) feet in width. 14 -52 Supp. _'2_2,'1 -10 ALREMAR.LE COUNTY CODE and fourteen (14) feet in height. The subdivider shall demonstrate to the satisfaction of the county engineer that the street will meet the requirements of this subsection. 2. Streets .serving three to five lots. Each private street serving three (3) to five (5) lots shall satisfy the following: (i) vertical centerline curvature shall .meet a minimum design K value of five (5) for crest curves and fifteen (15) .for sag curves; (ii.) sight distances shall not be less than one hundred (100) feet; (iii) turnarounds shall be provided at the end of each street per American. Association of State Highway and "transportation Officials guidelines; (iv) street easements or right-of-way widths shall be thirty (30) feet minimum, and (v) the radius for horizontal curvature shall be forty (40) feet or greater, unless otherwise authorized by this chapter. Any standard in this paragraph (2) may be reduced to the standard for streets serving two (2) lots where a driveway departs from the street and two lots remain to be served, and a turnaround is provided. In addition, the following shall also apply: (a) Private streets in the rural areas. For such private streets in the rural areas: (i) travelway widths shall be fourteen (14) feet minimum, with three (3) 'feet minimum shoulder widths, and a tni.n.i.mum of.four (4) feet from the edge of the shoulder to the ditch centerline; (ii.) the 1,nade shall not exceed sixteen (16) percent calculated over a distance fifty (50) feet; (iii) if the grade of any portion of the street exceeds seven (7) percent, the entire street shall be ,surfaced as required by Virginia. Department of Transportation standards; streets having a grade of seven (7) percent or less may have a gravel surface; and (iv) the street shall have a rectangular zone superjacent to the street that. is clear of all obstructions, including any structures and vegetati on, .that .i:s at least fourteen (14) feet in width and fourteen (14) feet in height. (b) Private streets in the development areas. For such private streets in the development areas: (i) an urban cross- section street design shall be provided, with. a minimum width of twenty (20) feet measured from the curb faces or such alternative design, including a street easement or Ti-ht-of-way width, deemed adequate by the county engineer to be equivalent to or .greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare; additional widths shall be provsided for gutters to control drainage at the discretion of the county engineer, and (ii) the entire street shall be surfaced as required. by Virginia Department of Transportation. standards. 3. ' Streets serving six Ions or more. Each .private street servin- six. (C) or more lots shall satisfy Virginia Department of Transportation. standards..provided: (a) Private .streets in the rural areas.. For such private streets in the rural areas, the commission may approve Virginia Department of Transportation standards for mountainous terrain if the subdivider demonstrates, for a specific, identifiable reason, the general welfare, as opposed to the proprietary interests of the subdivider, would be better served by the application of those standards. (b) Private streets in the development areas. For such private streets in the development areas, the agent may approve Virginia. Department of Transportation standards for mountainous terrain or.an alternative standard deemed adequate by the county engineer to be equivalent to or greater than. the applicable standard in the design standards manual., so as to adequately protect the public health, safety or welfare. 4. Streets serving.fanily subdivisions. Each private street authorized to serve a family subdivision. under section 14- 232(B)(1.) shall satisfy the following: (i) easement or right-of-way widths shall be ten (10) feet minimum.; and (ii) the surveyor shall include the following wording on the plat. `'The existing and /or proposed right-of-way is of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in .all but temporary extreme weather conditions, together with area adequate for maintenance of the travelway, as required by section 1.4 -412 of the Albemarle County Code." B. Privatestr-eets serving non- residential, non - agricultural., attached residential, multi -unh residential and conrb'ined residential and iron - residential uses. Each private street a.uthodzed to serve non- 14 -53 Supp: r22J -1.0 ALBEa'x-rt RLE COUATTY COPE residential, non - agricultural, attached residential, muld -unit :residential and combined residential and 11011- residential uses under sections 14 -232 or 1.4 -233 shall satisfy Virginia :Department of Transportation standards or an alternative standard. deemed adequate by the agent, upon the recommendation of the county j engineer, to be equivalent to or greater than the applicable standard in the diftsi Aryn standards tnanual, so as to adequately protect the Public health, safet y or welfare. The agent may require minimum travelway widths to provide for on- street parking upon a determination that the provisions for off - street parking may be inadequate to reasonably preclude unauthorized on- street parking. C. Clearing land.for- inaprovernents. A private street constructed to Virginia Department of Transportation standards shall not be subject to that department's clear zone requirements. D. Landscaping and tither improvements permitted. Subsequent to construction of a private street; a subdivider may install ornamental plantings and any other improvements provided that they do not conflict with sight distance, drainage facilities or other required improvements. .. Ifaiver. The standards of sections 14- 412(A)(1)(i) and 14- 41.2(A)(2)(a) relating to street easement or ri�4bt -of -way widths may be waived by the agent: as provided in section 1.4- 224.1, as follows: 1. Tf'edver of section .14- 412(4)(1)(i). The agent, with the recommendation of the county engineer and the fire marshal, may waive the standard in section 14- 412(A)(1)(i) and authorize a street having grade that exceeds sixteen (16) percent if the subdivider demonstrates :to the satisfaction of the county engineer and the fire. marshal that public safety vehicles would be able to access each. lot even though the grade may exceed sixteen (1.6) percent. In developing their recommendation to the agTent, the county engineer and the fire marshal shall consider: (i) the length of the segment of the street that would exceed sixteen (16) percent; and (ii) whether the segment that would exceed sixteen (16) percent would require the public safety vehicle to travel uphill towards each. lot. In authorizing such a grade, the agent: may imposereatsonab'le conditions to assure that the public safety vehicles may access the lot including, but not limiter( to, a condition limiting the maximum length any segnxtent of the driveway may, exceed sixteen (16) percent. 2. fflaiver of section 14- 412(A)(2)(a). In reviewing a waiver request for a Lesser street easement or:right -of way width under section 14- 412(A)(2)(a), the agent shall consider whether: (i) the subdivision, will be served. by an. existing easement or right-of-way- of fixed width that cannot he widened by the subdivider after documented good faith effort to acquire additional width; and (ii) the existing easement or right-of-way width is adequate to accommodate the required travelway and its maintenance. If the waiver pertains to minimutn street easement or ri6ht -of way widths over an existing bridge, dam or other structure, the agent. shall consider whether: (i) .the long -team environmental impacts resulting from not widening the 'bridge, dam or other structure outweigh complying with the minimum width requirements, as determined by the county engineer; or (ii) whether the bridge, dam or other structure is 'a historical structure. In approving a. waiver., the agent shall find that requiring the standard street easement or right- of =wary widths would .not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would riot be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and. to the land adjacent thereto. F. Eligibility for f rcure acceptance into the system of ,state hi�Tl�7a�ayS. Any and all streets that are not constructed to meet the standards necessary for inclusion in the system of state highways shall be privately maintained and :shall not be eligible for acceptance into the system of state highways unless improved to current Virginia Department of Transportation standards with. funds other than those appropriated by the General Assembly and allocated by the Commonwealth Transportation Board. (§ 18-36.,9-5-96, 8­28-74; § 18-37; 9 -5 -96, 11-21-79., 3-229-78, 8- 28- 74(part); 1.988 Code, §§ 18-316., 18 -371 18 -38; Ord. 98 -A(l), 8 -5.98, § 14-514, Ord. 02- 14(l), 2 -6 -02; Ord. 05- 14(1), 4- 20 -05, affective 6 -20 -05; Ord. 09- 14(2), 1.0- 14 -09) State law reference-Va. Code y,§ 15.2-2242(3)), 33.1-72.2. 1.4 -54 Supp.22,1 -)Q CQ CD F- LLJ ui 0� F- 0) z 0 ❑ ❑ (n UJ 0) LU rn LU ><.m ui F— f-- Z F- Z LLJ cl) UJ LL! 0 LL Cl) Z Z ,C) Cl) ui LL F- LU 2 0 LLJ 0 Ad N -0 CO cn > LO 0 cD LU c �,m 2 Z U) C14 m .2) 14 F- 3: cn CL to m .1 L) ai �D (D LL < w E < m CD < r_ c wo m >,-o ❑ -2 E I co w 2 0 0 o w 4> m a) N 0 V) W In E (0 CD C) 0 CL a U) z S2 CN 0 3 tn < a) Cl z m a) Of f.= G a) "o m U) < C=, C) < 2 < 0- E �n < Win L) 8 (D m LL CO E 0 ca m A fn to me 0 cp L) M C14 cli M (D cu '00 C,.6 E CD Z ca (n u C: 0 cu > L 'S LU U z cn (D CU L: C', Z I< -- LU V.. 0 co m 0 CL V) C14 m C) W 0 r aLL 0 0 w 0 F- z CL 0: i �2:CN� - �U? o 0 2) --e a 'M 'o o 0 G) 0 0 IS w F- �2 co m E Z (D w a) a) M (D o z W:a -2 ,CL -6 a', - T -t 2 �2 a? 2 > CN o roL z - Ln - 0 .g CL > C, - .2 f 1� o o 0 (n z 0 0 cli V) 0 0 tm t CD (D > LL LL U) 0 0 CL m , 3: rL .0 0- 0" 0 _3 -s 0 < w W LU 0 0 (D cm > 0 ::) 0 :R < :R LU COD tN C-4 M > Z CO < 0 0 W 4 Ld 6 c6 c6 < 'a Z Z cli C6 W w > M Urn CD - -0 0 -,� Z W T,—=Wl) Z 0 z 0 m C - So (,1)) > 0 z z .c E 0 17 4, > � cn(D — tm = 'IT 0 = . A.. 2 M2 —ou 0 < 0 w -4- E 5L> E 2-.R . W > Sc K '52 >0, '25 '�05) ma) 0 -2 'to: �wl C-4 0 cr D WOO 0 co m .(1) C*4 Ce) M 03 jE G IE U. CD c) , = - - - 0 c -d' J= a) :9 - CD m Z w CD �V- - -u 75 , in C: < m Na wm m > > U, C: — -D m m t w m' - 0 -0 ro 'a 0 (v o Z > 0 0 -W L) m U, r - -rl -0 C: �� M• -•= . Q) oo m CD > - 4) V) m L', EL W C) ul 0 CLv 0 0 0 0 m 'D Fn w CL Z Lu o- LU 0 a- LO C,4 0 n 5� iz b In m z C) 0) 0 C-5 > a) 0 a. 0 a) 0 = E 0 CL L) E m p 0 m EL cL m,2 5 -- - 0, E me 0 - w W W O CD 0 02 C-4 .2. -0 S; ED (D -0 T c: 2 0 04 2. 0 a). ca a) E -ru > 7- w o a, E - m a Q) = 72 75 w U- D 0 0 0.2 ai - = , "D 17 0 ,, m 0 0 a- C) ID (1) p t 0 >� m 7z 15 3: - i .2 0 (D > :2 C m C:, 0 0 > Q a) 8 -6 8 , 'a) .0- 8 02 2 (01 �; cL rl E z LL ou '0 -5 0:0 LL iR > -j Q. 0 cc 0. - U) o < 2 > Ad ALBEIV/ -IRLE Cozy YTY Core The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be considered by the commission as part of -its review of.: (.l) a flat, as provided in sections 14 -220 and 14 -225 of the Code; (2) a site plan, as provided in sections 32.4.2.6 and 32.4.3.6; or (3) a special use permit. The board of supervisors shall consider a. modification or waiver of any .requirement of this subsection only as foliows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 1.4 -226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9. A. modification or waiver considered by the co:m.mission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (h), amend any condition imposed by the commission, and impose any conditions it deerns necessary for the reasons set forth in subsection (h). (§ 4:::1.2.7,.1.2- .10 -80; Ord, 0..1- 18(4), 5,9 -01; Ord. 03- 14(1), 2 -5 -03) 4.12.14 PRE:E:XISTI.NG OR APPROVED PARKING, STACKING.AND'L,OADING AREAS Each parkin„ stacking* and loading area serving a use or structure lawfully established in accord with a valid final. site plan or subdivision .plat prior to the date of adoption of these regulations, or .approved in a valid and vested preliminary site plan or subdivision .plat, whose use has not changed or intensified so as to necessitate additional parking, shall be allowed to continue, subject to the following: a. Preexisting or approved parking spaces may be used to satisfy the number of parking spaces required for a changed or intensified use if the structure to which the parking.area is accessory remains. b. if the structure to which the parking area is accessory is demolished, removed, or reconstructed, then all parking required or otherwise serving anew use or structure must comply with this section.. c. Pre - existing parking structures authorized by right or by special, use permit by the applicable zoning district .regulations that do trot comply with the requirements of section 4.12 shall be deemed to be nonconforming structures sultject to section 6 of this chapter.. d. Preexisthw or approved parking, stacking or loading areas that are .not parking structures as described :in. subsection (c), and that do not comply with the requirements of section 4.12, are accessory to a. primary use and shall not obtain status as a nonconforming use or structure. Flowever, these areas nay continue and be main.tained.for so long as the primary use exists. (Ord. 03- 14(1), 2-5-03) 4.12.15M ININIUM. DESIGN REQUIREMENTS AND IMPROVEMENTS FOR PARKING AREAS The following design requirements and minimum improvements shall be provided for all off- street parking areas consisting of four (4) or more parking spaces: a. Swyke materials. All parking areas consisting of four (4) or more spaces shall be surfaced. The surface materials for parking areas and access aisles shall be subject to review and. 18 -4 -28.1. Zoning Supplement 925, 2 -5 -03 ,4Li3EA14RLE C'OU'NTY CO E approval by the county engineer, based upon the intensity of usage and Virginia Department of Transportation pavement design guidelines and specifications. The county engineer may approve the :use of alternative surfaces (teemed equivalent in regard to strength, du.rabi.lity, sustainability and long term maintenance for the .intensity of the use. b. Grading and clra.inage systems. Parking area grading and drainage systems shall be designed and constructed to minimize, to the greatest extent practical, the amount of surface rttnoff exiting or entering through. entrances to public streets. c, Mavinnan gracle. The maximum grade for parking spaces; loading spaces, and access aisles abutting parking or loading spaces shall not exceed five (5) percent in any direction. (i. Sight distance. Minimum intersection sight distance for internal intersections of access aisles, intersections of access aisles and pedestrian ways, and access aisles around building's shall not be less than one hundred (100) feet. The county engineer may increase this minimum, if the travel. speed is anticipated to exceed ten (10) miles per hour; to a sight distance commensurate with the anticipated travel speed. If the county engineer anticipates that travel speeds of twenty (20) miles per hour or greater may be reasonably achieved along a primary travelway serving a development, he may require that the travelway comply with. the private road horizontal and vertical standards stated. in Table A. of section 14 -514 of the Code for the anticipated traffic volume. Sight.distance shall be measured as provided in Section 602 of the Albemarle County Desion Standards Manual. e, .4ccessibilhy to loading spaces, loading docks and dunrpster;s.:Parking areas shall be designed so that.all.loading spaces, .loadi.ng docks, and dumpsters are accessible by delivery and service vehicles when all parking spaces are occupied. f Protective barriers and destgrz. When (deemed necessary and reasonable to assure that safe and. convenient access is provided, the county engineer may require: (1) raised traffic islands at the ends of parking rows to protect parked vehicles and to prohibit parking in unauthorized areas; ('_) traffic islands and other such traffic control devices; and (3) a design that. provides 110 parking along the accessways providing the principal ingress, egress and. circulation on the site. g: Ctub and gutter- -in parking areas and ahmy travelr,r s. Curbs shall be .established at the edges ofparking areas or access aisles in'the following circumstances: (1) in all commercial or institutional developments requiring eight (S) or more parking spaces; (2) in all. multi - family dwelling and townhouse developments requiring eight (5) or more parking spaces. (3) where necessary to control or direct stormwater rttnoff; (4) where a s.i.dewalk.i.s located closer than four (4) feet from the edge of an access aisle; and (5) where necessary to contain vehicular traffic to protect pedestrians andior property. Gutters .shall be required where j necessary to control or direct stormwater runoff. The county engineer may waive or modi.fjr' 1 this requirement if deemed necessary to accommodate stormwater managerrtent`BMP facility design or existing uses located in the Rural Areas (Rik) zoning district. h. :Separation of parking area from public street or orivate rand. Where off- street parking is provided, parking areas shall be established strfficiently inside the site so as to prevent queuing onto a public street or ,private road. The mininuun required. separation shall be determined by the county: engineer and. will be based on the intensity of traffic on the site. In any case, the minimum separation should not be less than one (:1) car length for the most minimal use. i. Location of *hairdi.c�apped�rarking spaces. Parking areas shall he designed so that handicapped parking spaces are located to provide persons with direct unobstructed access to buildincYs by the shortest practical route, and: to eli.m.i.nate the need to cross vehicular access aisles wherever possible. 1.8 -4 -28? Zoning Supplement 4- 25,'_ -5 -03 Claudette Grant From: vfort @rivanna.org Sent: Friday, August 31, 2012 11:39 AM To: Christopher Perez Cc: Alex Morrison Subject: SDP201200049 - Church of Our Savior Preliminary Chris, RWSA has reviewed the preliminary site plan for Church of Our Savior as prepared by Pohl Consulting LLC and dated 8/13/2012 and has the following comments for the engineer: 1. On all sheets, please adjust draw order so that RWSA waterline and easement are visible across the entire disturbed area. 2. Label RWSA waterline as'30" RWSA DIP Waterline'. 3. When a final site plan is developed, please note that for all utility crossings with the existing RWSA waterline, there must be at least 18" of vertical separation. Test pits may be required to confirm depth of existing facilities. 4. RWSA would like to discuss the possibility of widening the existing easement, since it is undersized for a 30" waterline. RWSA is proposing an additional 10' on the east side of the waterline for a total of 30'. Please let me know if you have any questions or concerns, or if you'd like additional information on any of the items above. Have a nice holiday weekend, Vicki Victoria Fort, EIT Civil Engineer Rivanna Water and Sewer Authority 695 Moores Creek Lane Charlottesville, VA 22902 (P): (434) 977 -2970 ext. 205 (F): (434) 295 -1146 DEPARTMENT OF COMMUNITY DEVELOPMENT � �'�RGINIP 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 your comment letter with your 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 anytime 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.. -Day care 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 Eachadditional 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............................................................................ ............................... ......................$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 2012 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 Dec 19 2011 Jan 18 Feb 6 Feb 28 Tue Jan 3 Feb 1 Feb 13 Mar 6 Tue Jan 17 Feb 15 Feb 27 Mar 20 Feb 6 Mar 7 Mar 12 Apr 3 Tue Feb 21 Mar 21 Apr 2 Apr 24 Mar 5 Apr 4 Apr 16 May 8 Mar 19 Apr 18 Apr 30 May 22 Apr 2 May 2 May 14 Jun 5 Apr 16 May 16 May 28 Jun 19 May 7 Jun. 6 Jun 25 Jul 17 May 21 Jun 20 Jul 9 Jul 31 Jun 4 Thu Jul 5 Jul 16 Aug 7 Jun 18 Jul 18 Jul 30 Aug 21 Jul 2 Aug 1 Aug 20 Sep 11 Jul 16 Aug 15 Tue Sep 4 Sep 25 Aug 6 Sep 5 Sep 17 Oct 9 Aug 20 Sep 19 Oct 1 Oct 23 Tue Sep 4 Oct 3 Oct 15 Nov 6 Sep 17 Oct 17 Oct 22 Nov 13 Oct 1 Oct 31 Nov 12 Dec 4 Oct 15 Nov 14 Nov 26 Dec 18 Nov 5 Dec 5 Dec 17 Jan 8 2013 Nov 19 Dec 19 Jan 7 2013 Jan 29 2013 Dec 3 Jan 2 2013 Jan 14 2013 Feb 52013 Dec 17 Jan 16 2013 Feb 4 2013 Feb 26 2013 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 lanal grl rigarlling is tha lace rlatg at Which an annlirant ran Himnirta Whathar to mci ihrnit nr nn -o 0 n� � N Lo L o p O S r v a �r _ CD T Sll CD w n. 3 CD N SU 1� Z7 n� CD FOR 0 w Q. O --h r- �TT CD in fn "D n w � m z m "O CO O_ Lo J O 1w1 '0 w CD 0 CD CD 1.0 CL CD co O t. W W � S cn W O O � (D C` Ul ` .A W W N 'a N) N : �• CD O O CD (D CO Iv N IV IQ, N N N IV Iv IV IN IJ N Iv IV Iv Iv N IV Iv N N N (D IV N m �I O O W \ 0) \ (D \ (b \ \ \ -P \ O \ (D \ O \ N 1 \ W \ \ (D \ (D \ N \ r \ \ \ \ \ \ N N CD N N N N N K) N N N N N IV IV N IQ N IQ N N K) w D CL [ID -� O O -i CD C.D co w N Iv N IV N C2 iJ -• N \ N - \ \ N \ IV \ \ N W (D (D IQ co *. O J � W O) I` U - 'J W (D (D O1 O W W CD (D. 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Receipt # Ck# By: Resubmittal of information for Special Use Permit or 0.1 Zoning Map Amendment PROJECT NUMBER: IMP Did to 0000 (o PROJECT NAME: � �1 c t rrP�► D C (�Ur �t v; Cl( ❑ Resubmittal Fee is Required ❑ Per Request M--Resubmittal Fee is Not Required Community Development Project Coordinator Name of Applilcant Phone Number Signature Date Signature FEES Date Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000 ❑ First resubmission FREE ❑ Each additional resubmission $50 }0 '1jP k �Yki 4�+3F �eP^�.✓ k } {(�i'£I�E�'if "�' �y�k "34k 'Fe1 ,��^ iY- f C. »� Y u...t•.' +. ^,M.. „ ci ¢� Iv E ,T' Ih R } j..,211 w.t Resubmittal fees for original Special Use Permit fee of $2,000 ❑ First resubmission FREE ❑ Each additional resubmission $1,000 k 'fi Yr.r, Resubmittal fees for original Zoning Map Amendment fee of $2,500 First resubmission FREE ❑ Each additional resubmission $1,250 zz X£C Y Resubmittal fees for original Zoning Map Amendment fee of $3,500 ❑ First resubmission FREE ❑ Each additional resubmission $1,750 t � r� -.J `�, -�� } Sx�s.Y �} 1 �., a {��(:.: �t �~i"7`•f "��;,,�.�i'.: ^%�ti.�lrr . ;r .ik:.. <.� '� S ,�,. .,f� � i. j.... ^ A� +d u" ,�� ;4C } la.tf ❑ Deferral of scheduled public hearing at applicant's request— Add'1 notice fees will be required $180 To be Daid after staff review for public notice: Most applications for Special Use Permits and 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 i� 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 (p ublished twice in the newspaper for each public hearin g) Actual cost (minimum of $280 for total of 4 publications) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 6/7/2011 Pale I of 1 *-&A County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Michael Koslow, Civil Engineer I1 Date: 21 November 2012 Subject: Church of Our Saviour (ZMA201200006) The proposed rezoning of part of parcel 06100- 00- 00 -146D has been reviewed. The following comments are provided for your review; 1. Recommend a label for existing portion of Rio School Lane (shown as connecting to the existing secondary access road on sheet C -4) on sheets C -3 and C -4. 2. Construction for this project could impact existing critical slopes as noted in SDP2012 -00049 comments (a critical slopes waiver request is preferred but not needed for rezoning). 3. The proposed off -site secondary access route (existing 20' wide platted private street Rio School Lane) is required to meet the standards for a private road set forth in the subdivision ordinance, whether or not the property is proposed to be subdivided [18- 32.7.3 *]. Rio School Road does not meet the requirements for a private road in the development area serving a commercial property [18- 14.412]. This section requires private streets which serve commercial parcels to meet Virginia Department of Transportation standards. The following characteristics of Rio School Lane are deficient per VDOT standards (see VDOT Road Design Manual "Geometric Design Standards for Residential and Mixed Use Subdivision Streets Table 1 — Curb and Gutter Section): a. Minimum road width = 24' (existing road appears to be 14' wide at one section per 11/20/2012 field visit) b. Maximum grade = 8 % ** (existing road appears to have a grade of 10.8 per 11/20/2012 field visit). In addition, curb and gutter is required in parking areas and along travelways [18- 4- .12.15.g]. Rio School Lane does not currently have curb and gutter. Recommend reasonable improvements to Rio School Lane in the form of curb and gutter addition, drainage enclosure, and widening to 24' width to accommodate potential increases in traffic due to the multiple commercial parcels it serves. 4. An access easement along Rio School Lane will be required for secondary access to the property. 5. A WPO plan set to address erosion and sediment control and stormwater management will be required for site construction (not needed for rezoning). * While Rio School Road is the secondary access for Church of Our Saviour, it is also the existing principal access road for parcel 06100- 00- 00 -146A and 06100 -00 -00 -146 ** VDOT Table references American Association of State Highway and Transportation Officials' "A Policy on Geometric Design of Streets and Highways, 6t` edition, 2011 ( "Green Book "). Grade design standards are from page 5 -12 of the Green Book. C: \Users\mkoslow \Documents \Current Reviews\ZMA201200006 Church of Our Saviour \E1 zma MAK ZMA201200006 Church of Our Saviour.doc ALBEMARLE COUNTY CODE 32.7.3 STREETS; ROADS In the case of any site plan involving multiple uses, including multiple dwelling units, the principal means of access thereto shall conform to the standards of the Virginia Department of Transportation, or, in the case of a private road, to the applicable standards for private roads set forth in the subdivision ordinance, whether or not the property is proposed to be subdivided. The commission may waive this requirement for access ways between adjoining properties and emergency access ways required pursuant to section 32.7.2. (Added 5 -1 -87) 32.7.3.1 The agent may modify street geometric design standards for public local, collector and minor loop streets, provided that: a. Approval for modification is obtained from the Virginia Department of Transportation where applicable; b. Off - street parking spaces are provided to compensate for the loss of on- street parking due to modification of geometric design standards; The developer shall be responsible for the placing of "no parking" signs on all travel lanes, driveways or streets to prohibit parking on such roads or driveways. Where cul -de- sac turnarounds are utilized under this modification, if the right -of -way radius is fifty (50) feet and the paved radius is forty (40) feet, the developer shall install "no parking" signs for the complete circle where such signs are required by the commission or the agent. If the right -of -way radius is increased to sixty (60) feet and the paved radius is increased to fifty (50) feet, parking on the turnaround maybe permitted. (32.5.6,1980; Amended 5 -1- 87) 32.7.3.2 All cul -de -sacs shall have a turning radius in accordance with applicable Virginia Department of Transportation standards. In the case of any such street which is not part of the state highway system, the commission may require at least one sign of a type approved by the county engineer be posted giving notice that such street is not a through street. (32.5.9, 1980; Amended 5 -1 -87) No road segment ending in a cul -de -sac or loop street shall serve more than forty-nine (49) residential units except as provided in section 32.7.2 of this chapter. (Added 5 -1 -87) 32.7.3.3 In any case where existing public street right -of -way is less than fifty (50) feet, additional right -of- way shall be dedicated to provide for a fifty (50) foot width or greater, if the need for such additional right -of -way is substantially generated by the development. Such dedication shall be measured to be twenty-five (25) feet from the existing street centerline except as otherwise required by the commission or the agent. Public street right -of -way of less than fifty (50) feet may be permitted upon recommendation of the Virginia Department of Transportation. (32.5.4, 1980; Amended 5 -1 -87) 32.7.4 DRAINAGE; STORMWATER MANAGEMENT; SOIL EROSION Provisions shall be made for the disposition of surface water run -off from the site including such on -site and off -site drainage facilities and drainage easements as the commission or the agent, upon recommendation of the county engineer, may deem adequate. (32.5.13, 1980; Amended 5 -1- 87) 32.7.4.1 Except as the commission or the agent may otherwise require in a particular case, or as expressly provided herein, such facilities shall be so designed and installed that the rate of surface water run- off from the site, due to a rainfall of a ten -year return period intensity as shown on the frequency analysis curve for Charlottesville, Virginia, shall be no greater after the proposed development than before; provided, that the same may be accomplished without unreasonable adverse impact on the environment of the site. This subsection shall apply only within the geographic limits as 18 -32 -17 Zoning Supplement #1, 8 -13 -98 ALBEMARLE COUNTY CODE (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the maximum number of lots to be served by the rural cross - section street, the location of the nearest development and rural area boundaries, and a cross - section of existing streets to which the proposed subdivision streets would be extended, if any. 2. Consideration and findings. In reviewing a waiver request to allow a rural cross - section (no curb and no curb and gutter) instead, the commission shall consider: (i) the number of lots in the subdivision and the types of lots to be served; (ii) the length of the street; (iii) whether the proposed street(s) or street extension connects into an existing system of streets constructed to a rural cross - section; (iv) the proximity of the subdivision and the street to the boundaries of the development and rural areas; (v) whether the street terminates in the neighborhood or at the edge of the development area or is otherwise expected to provide interconnections to abutting lands; (vi) whether a rural cross - section in the development areas furthers the goals of the comprehensive plan, with particular emphasis on the neighborhood model and the applicable neighborhood master plan; (vii) whether the use of a rural cross - section would enable a different principle of the neighborhood model to be more fully implemented; and (viii) whether the proposed density of the subdivision is consistent with the density recommended in the land use plan section of the comprehensive plan. In approving a waiver, the commission shall find that requiring curb or curb and gutter would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto. (§ 18 -37, 9 -5 -96, 11- 21 -79, 3- 29 -78, 8- 28 -74; § 18 -39 (part), 9 -5 -96, 10- 19 -77, 5- 10 -77, 8- 28 -74; 1988 Code, §§ 18 -37, 18 -39; Ord. 98 -A(1), 8 -5 -98, § 14 -512; Ord. 02- 14(1), 2 -6 -02, § 14 -512; Ord. 05- 14(1), 4- 20-05, effective 6- 20 -05) State law reference —Va. Code §§ 15.2-2241(4),15.2-2242(3). 14411 Standards for public streets only. In addition to the minimum design requirements set forth set forth in section 14 -410, all public streets within a subdivision shall be designed and constructed according to Virginia Department of Transportation standards. For all public streets to be coordinated and extended as provided in section 14 -409, the agent may allow a public street to be constructed at less than the ultimate pavement width, provided the street meets public street standards for the lots to be served by the streets. In determining whether to require the ultimate pavement width, the agent shall be guided by the size of the subdivision, the street length and the types of lots to be served relative to the cost of providing the ultimate width. (9 -5 -96, 10- 19 -77, 5- 10 -77, 8- 28 -74; 1988 Code, §§ 18 -38, 18 -39; Ord. 98 -A(1), 8 -5 -98, §§ 14 -511, 14- 513; Ord. 05-14(l),4-20-05, effective 6- 20 -05) State law reference —Va. Code § 15.2- 2241(4). 14412 Standards for private streets only. In addition to the minimum design requirements set forth in section 14 -410, the following minimum design requirements shall apply to private streets authorized by this chapter: A. Residential private streets. Each private street serving detached residential uses authorized under sections 14 -232 or 14 -233 shall satisfy the following: 1. Streets serving two lots. Each private street serving two (2) lots: (i) shall not exceed a sixteen (16) percent grade calculated over a distance of fifty (50) feet; (ii) shall have a travelway that is at least ten (10) feet in width; and (iii) shall include a rectangular zone superjacent to the driveway that is clear of all obstructions, including any structures and vegetation, that is at least ten (10) feet in width 14 -52 Supp. #22, 1 -10 ALBEMARLE COUNTY CODE and fourteen (14) feet in height. The subdivider shall demonstrate to the satisfaction of the county engineer that the street will meet the requirements of this subsection. 2. Streets serving three to five lots. Each private street serving three (3) to five (5) lots shall satisfy the following: (i) vertical centerline curvature shall meet a minimum design K value of five (5) for crest curves and fifteen (15) for sag curves; (ii) sight distances shall not be less than one hundred (100) feet; (iii) turnarounds shall be provided at the end of each street per American Association of State Highway and Transportation Officials guidelines; (iv) street easements or right -of -way widths shall be thirty (30) feet minimum; and (v) the radius for horizontal curvature shall be forty (40) feet or greater, unless otherwise authorized by this chapter. Any standard in this paragraph (2) may be reduced to the standard for streets serving two (2) lots where a driveway departs from the street and two lots remain to be served, and a turnaround is provided. In addition, the following shall also apply: (a) Private streets in the rural areas. For such private streets in the rural areas: (i) travelway widths shall be fourteen (14) feet minimum, with three (3) feet minimum shoulder widths, and a minimum of four (4) feet from the edge of the shoulder to the ditch centerline; (ii) the grade shall not exceed sixteen (16) percent calculated over a distance fifty (50) feet; (iii) if the grade of any portion of the street exceeds seven (7) percent, the entire street shall be surfaced as required by Virginia Department of Transportation standards; streets having a grade of seven (7) percent or less may have a gravel surface; and (iv) the street shall have a rectangular zone super agent to the street that is clear of all obstructions, including any structures and vegetation, that is at least fourteen (14) feet in width and fourteen (14) feet in height. (b) Private streets in the development areas. For such private streets in the development areas: (i) an urban cross- section street design shall be provided, with a minimum width of twenty (20) feet measured from the curb faces or such alternative design, including a street easement or right -of -way width, deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare; additional widths shall be provided for gutters to control drainage at the discretion of the county engineer; and (ii) the entire street shall be surfaced as required by Virginia Department of Transportation standards. 3. Streets serving six lots or more. Each private street serving six (6) or more lots shall satisfy Virginia Department of Transportation standards, provided: (a) Private streets in the rural areas. For such private streets in the rural areas, the commission may approve Virginia Department of Transportation standards for mountainous terrain if the subdivider demonstrates, for a specific, identifiable reason, the general welfare, as opposed to the proprietary interests of the subdivider, would be better served by the application of those standards. (b) Private streets in the development areas. For such private streets in the development areas, the agent may approve Virginia Department of Transportation standards for mountainous terrain or an alternative standard deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare. 4. Streets serving family subdivisions. Each private street authorized to serve a family subdivision under section 14- 232(B)(1) shall satisfy the following: (i) easement or right -of -way widths shall be ten (10) feet minimum; and (ii) the surveyor shall include the following wording on the plat: "The existing and/or proposed right -of -way is of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions, together with area adequate for maintenance of the travelway, as required by section 14 -412 of the Albemarle County Code." B. Private streets serving non - residential, non - agricultural, attached residential, multi -unit residential and combined residential and non - residential uses. Each private street authorized to serve non- I4 -53 Supp. #22, 1 -10 ALBEMARLE COUNTY CODE residential, non - agricultural, attached residential, multi -unit residential and combined residential and non- residential uses under sections 14 -232 or 14 -233 shall satisfy Virginia Department of Transportation standards or an alternative standard deemed adequate by the agent, upon the recommendation of the county engineer, to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health safety or welfare.jThe agent may require minimum travelway widths to provide for on- street parking upon a determination that the provisions for off - street parking may be inadequate to reasonably preclude unauthorized on- street parking. C. Clearing land for improvements. A private street constructed to Virginia Department of Transportation standards shall not be subject to that department's clear zone requirements. D. Landscaping and other improvements permitted. Subsequent to construction of a private street, a subdivider may install ornamental plantings and any other improvements provided that they do not conflict with sight distance, drainage facilities or other required improvements. E. Waiver. The standards of sections 14412(A)(1)(i) and 14- 412(A)(2)(a) relating to street easement or right -of -way widths may be waived by the agent as provided in section 14- 224.1, as follows: 1. Waiver of section 14- 412(A)(1)(i). The agent, with the recommendation of the county engineer and the fire marshal, may waive the standard in section 14412(A)(1)(i) and authorize a street having a grade that exceeds sixteen (16) percent if the subdivider demonstrates to the satisfaction of the county engineer and the fire marshal that public safety vehicles would be able to access each lot even though the grade may exceed sixteen (16) percent. In developing their recommendation to the agent, the county engineer and the fire marshal shall consider: (i) the length of the segment of the street that would exceed sixteen (16) percent; and (ii) whether the segment that would exceed sixteen (16) percent would require the public safety vehicle to travel uphill towards each lot. In authorizing such a grade, the agent may impose reasonable conditions to assure that the public safety vehicles may access the lot including, but not limited to, a condition limiting the maximum length any segment of the driveway may exceed sixteen (16) percent. 2. Waiver of section 14- 412(A)(2)(a). In reviewing a waiver request for a lesser street easement or right -of -way width under section 14412(A)(2)(a), the agent shall consider whether: (i) the subdivision will be served by an existing easement or right -of -way of fixed width that cannot be widened by the subdivider after documented good faith effort to acquire additional width; and (ii) the existing easement or right -of -way width is adequate to accommodate the required travelway and its maintenance. If the waiver pertains to minimum street easement or right -of -way widths over an existing bridge, dam or other structure, the agent shall consider whether: (i) the long -term environmental impacts resulting from not widening the bridge, dam or other structure outweigh complying with the minimum width requirements, as determined by the county engineer; or (ii) whether the bridge, dam or other structure is a historical structure. In approving a waiver, the agent shall find that requiring the standard street easement or right -of -way widths would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto. F. Eligibility for future acceptance into the system of state highways. Any and all streets that are not constructed to meet the standards necessary for inclusion in the system of state highways shall be privately maintained and shall not be eligible for acceptance into the system of state highways unless improved to current Virginia Department of Transportation standards with funds other than those appropriated by the General Assembly and allocated by the Commonwealth Transportation Board. (§ 18 -36, 9 -5 -96, 8- 28 -74; § 18 -37, 9 -5 -96, 11- 21 -79, 3- 29 -78, 8- 28- 74(part); 1988 Code, §§ 18 -36, 18 -37, 18 -38; Ord. 98 -A(1), 8 -5 -98, § 14 -514; Ord. 02- 14(1), 2 -6 -02; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05; Ord. 09-14(2),10-14-09) State law reference —Va. Code §§ 15.2- 2242(3), 33.1 -72.2. 14 -54 Supp. #22, 1 -10 m LL Cl) 'U) VI N H W W N Z O 0 m M Cl) 0 W p NU = 111 oN W X LLI H Z = Q J cl Q Z LLJ �a m o� N W I w N� W LL O op U LL U) r LZ r Z W 0 U_ R H W O W 0 N N Q 2 N a> C L m N a p T O ON V Lo N a V O CAW C -• O•L E CD N N O Z O U) N M 'y (D = C L f0 CL 0) n- m 52 (D C -0 N f6 U U) Q o� LL O Q d N a a N N m. p -2 of w L ED> Q 7 N N �_ - U C .0 0 U o E 7 C Q m Y O o m L N C L d C m0 N W3 LU w L c m L.L T in m r •0 CD °' C r .0. O CL 7 (n Y V N M O 7 O Q Q Z f0 N Q w U . E N '0 (p N O o Q n O m N L N U M O D w M "' w LL N O a L .O M C N O 0 U � CL > O L 3 a� K Y _ 0 p -o a d �? c> m N -0 0 `n N w C Q M F- N ~ F- y O M ON � N OQ f6 N a L i_ 0.6 N N L ' O C z U go d �� a o (L) 0) w Z y> d v d W �p d d d w m U O U U N N M 0) M Lo Co N N z Q F- U o in m U >o E o? w r o _ (n co N m M C= 7 N M L 2 -0 N fC w J O W O N --' U U'a U 3 U U yr 0 S F- CL o o L6 L N O 0 L O m O O 3 v w (D ? r N 'b m 0 m m° m 10 O N O O CO E m m-0 N (D H A L d c c c v c c C �o 0 cn O N S CJ N a U N N? , N C N > N U o oa 2 a in - a) CL m � in C7 C5 U m C7 C7 m o J Q cl�� =— z a v O Lo N O °o — �n7 O O O m 0 0 y1O `� m o U LL LL U Y f0 C 2 2 c Q�Q (Qn W 2 2 2 (/QQJ (QQn (QQn C Q `- ° aU 2 Q a Q o Q Q 3 z W v W U 3 N « O Y N 00 L r 7 r N r N r �- O N O~ C w o > U 0 w� yy y m N N N N 2 N Cl J N> Z Cl) O O 6 I-� W 6 Q 0 o Z Z r N M 4 6 Q X cu of W LU w >, U L L O C 'y U o N L �` f6 "0 T T'O L Z W d J Z O Z O y r E •y d U °—' N N= C" N - m'y Y y C N 7 N > N O N N N CL Q Nw z Z w r U° (n '� N IO _ F- tm Ol C E N L L R N o_ O W Q � N �...— C m C N 7 w E L N U 0 T« ` C'0 n n fl_ 7 E N O N tC E L L N.O.. W Z j y 7 R > O o N C E N L N 01 N N E .3 � p 0 .0 -0 -0 y N N of _� .-. �_ O In On O f0 .-. N 7 W C C '00 .N.. .N.. U Z_ F-Q v N Cl) OL 0 .3 C N C r .E L V O O O) C 'O L"0 N.f0. a C.0. N Z Q' W 0 0) c, 0 N N U N C V N o F- U O r N O N N N 3 C C :E N U O� N v O E C 7 w C N w a) 3 N D C L `o (D < - N y >L..• 7 m F- � a ND `y l6 > '"-0 d y U Cv�•f6 d m� N •r- _ N O l0 Q)o-pL O -0 m 3 Q y O C C 0 .► O V 0 N C O N N C 0 f6 C `. as. y f0 y >" N U F- W N �f- L U C-N ' 0� U N N C T��'0 f0 c f/i W a Z fn W N M CD '-' O L N d N C N> p> 0- N 7 7 N ZWa� ..pd 7m0 -F m Nm0) " (L) L (1) (1) CD cn a� L N _c- 3 4 .L-. I m 3 m y rn 3 o QyQ y oN QQ w m a� a� ° a EL nC nmw 7N3 N'rn o L W LU O C) o N T N m C >, O 0 C C O) C O C c C F' LL N ,p +N-• N C 3 ld O U to L O> `0 E ... U N m= f0 f0 ULL �~ O p w•`I v CO ID Er 2 'a co u>@ LnE� c2Eoa p a N E o) O > N N N C O ~O p F -> d O N N O o O m L L N U 7 o C N O> N �, 7 C E d 0 f0 O N n> c o° 4. N O z LL U o F- � R O LL w > J n O> N n w N O Q 0.25-9 N N d 8 w � � � r � 'j" i & s �' �i .a,y �a t � �. a�m..P E�v ,e ,a r. {, _a., ..< ., .a, ALBEMARLE COUNTY CODE The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be considered by the commission as part of its review of: (1) a plat, as provided in sections 14 -220 and 14 -225 of the Code; (2) a site plan, as provided in sections 32.4.2.6 and 32.4.3.6; or (3) a special use permit. The board of supervisors shall consider a modification or waiver of any requirement of this subsection only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14 -226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9. A modification or waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (h), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (h). (§ 4.12.7,12-10-80; Ord. 01- 18(4), 5 -9 -01; Ord. 03- 18(1), 2 -5 -03) 4.12.14 PREEXISTING OR APPROVED PARKING, STACKING AND LOADING AREAS Each parking, stacking and loading area serving a use or structure lawfully established in accord with a valid final site plan or subdivision plat prior to the date of adoption of these regulations, or approved in a valid and vested preliminary site plan or subdivision plat, whose use has not changed or intensified so as to necessitate additional parking, shall be allowed to continue, subject to the following: a. Preexisting or approved parking spaces may be used to satisfy the number of parking spaces required for a changed or intensified use if the structure to which the parking area is accessory remains. b. If the structure to which the parking area is accessory is demolished, removed, or reconstructed, then all parking required or otherwise serving a new use or structure must comply with this section. c. Pre - existing parking structures authorized by right or by special use permit by the applicable zoning district regulations that do not comply with the requirements of section 4.12 shall be deemed to be nonconforming structures subject to section 6 of this chapter. d. Preexisting or approved parking, stacking or loading areas that are not parking structures as described in subsection (c), and that do not comply with the requirements of section 4.12, are accessory to a primary use and shall not obtain status as a nonconforming use or structure. However, these areas may continue and be maintained for so long as the primary use exists. (Ord. 03- 18(1), 2 -5 -03) 4.12.15 MINIMUM DESIGN REQUIREMENTS AND IMPROVEMENTS FOR PARKING AREAS The following design requirements and minimum improvements shall be provided for all off -street parking areas consisting of four (4) or more parking spaces: a. Surface materials. All parking areas consisting of four (4) or more spaces shall be surfaced. The surface materials for parking areas and access aisles shall be subject to review and 18 -4 -28.1 Zoning Supplement #25, 2 -5 -03 ALBEMARLE COUNTY CODE approval by the county engineer, based upon the intensity of usage and Virginia Department of Transportation pavement design guidelines and specifications. The county engineer may approve the use of alternative surfaces deemed equivalent in regard to strength, durability, sustainability and long term maintenance for the intensity of the use. b. Grading and drainage systems. Parking area grading and drainage systems shall be designed and constructed to minimize, to the greatest extent practical, the amount of surface runoff exiting or entering through entrances to public streets. c. Maximum grade. The maximum grade for parking spaces, loading spaces, and access aisles abutting parking or loading spaces shall not exceed five (5) percent in any direction. d. Sight distance. Minimum intersection sight distance for internal intersections of access aisles, intersections of access aisles and pedestrian ways, and access aisles around buildings shall not be less than one hundred (100) feet. The county engineer may increase this minimum, if the travel speed is anticipated to exceed ten (10) miles per hour, to a sight distance commensurate with the anticipated travel speed. If the county engineer anticipates that travel speeds of twenty (20) miles per hour or greater may be reasonably achieved along a primary travelway serving a development, he may require that the travelway comply with the private road horizontal and vertical standards stated in Table A of section 14 -514 of the Code for the anticipated traffic volume. Sight distance shall be measured as provided in Section 602 of the Albemarle County Design Standards Manual. e. Accessibility to loading spaces, loading docks and dumpsters. Parking areas shall be designed so that all loading spaces, loading docks, and dumpsters are accessible by delivery and service vehicles when all parking spaces are occupied. f. Protective barriers and design. When deemed necessary and reasonable to assure that safe and convenient access is provided, the county engineer may require: (1) raised traffic islands at the ends of parking rows to protect parked vehicles and to prohibit parking in unauthorized areas; (2) traffic islands and other such traffic control devices; and (3) a design that provides no parking along the accessways providing the principal ingress, egress and circulation on the site. g. Curb and gutter in parking areas and along travelways. Curbs shall be established at the edges of parking areas or access aisles in the following circumstances: (1) in all commercial or institutional developments requiring eight (8) or more parking spaces; (2) in all multi- family dwelling and townhouse developments requiring eight (8) or more parking spaces; (3) where necessary to control or direct stormwater runoff, (4) where a sidewalk is located closer than four (4) feet from the edge of an access aisle; and (5) where necessary to contain vehicular traffic to protect pedestrians and/or property. Gutters shall be required where' necessary to control or direct stormwater runoff. The county engineer may waive or modify this requirement if deemed necessary to accommodate stormwater management/BMP facility design or existing uses located in the Rural Areas (RA) zoning district. h. Separation of parking area from public street or private road. Where off - street parking is provided, parking areas shall be established sufficiently inside the site so as to prevent queuing onto a public street or private road. The minimum required separation shall be determined by the county engineer and will be based on the intensity of traffic on the site. In any case, the minimum separation should not be less than one (1) car length for the most minimal use. i. Location of handicapped parking spaces. Parking areas shall be designed so that handicapped parking spaces are located to provide persons with direct unobstructed access to buildings by the shortest practical route, and to eliminate the need to cross vehicular access aisles wherever possible. 18 -4 -28.2 Zoning Supplement #25, 2 -5-03