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ZMA201200004 Review Comments Zoning Map Amendment 2013-03-05
*-&A County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Glenn Brooks, County Engineer Date: 18 Sep 2012 Rev. 1: 19 Nov 2012 Rev.2: 10 Jan 2013 Rev.3: 5 Mar 2013 Subject: Avon Park 2 (ZMA201200004) The application for zoning map amendment has been reviewed. Engineering has the following comments; Arden Drive, through which this development must access, is not complete, and the developer has gone out of business. The county has been forced to call the bonds, and the insurance company that posted the bonds is balking at payment. This process is ongoing. In addition, the road was built incorrectly at its entrance onto Avon Street Extended (Rt. 742), such that it drains across the public road. The inlets and stormwater management are therefore not functioning, and the neighbor on the opposite side of Avon Street is complaining of damage to his property. It is recommended that no further development be approved on Arden Drive until this matter is satisfactorily resolved. Rev. 1: This should be information provided to the Board. Rev.2: no change. Rev.3: The proposed proffer 5 conditions resolution of this matter on the first certificate of occupancy. This is not a preferred position for the county. When a property is sold and ready to be occupied, and we are dealing with a homeowner, and denying access to their home. It would be preferable to condition building permit issuance, and to specify that resolution is to the satisfaction of the county. 2. There will need to be frontage improvements for the drainage system along Avon Street Ext. The existing ditch line and culverts will most likely not be adequate for additional drainage. Also, the existing driveway improvements will need to be taken out and a ditch or pipe system installed to accept the drainage from the stormwater management facility. Rev. 1: This has been addressed with off -site improvements shown on the plan. Further work may be required on final plans. Rev.2: no change Rev.3: no change. 3. It is recommended that the grading concept be revised to better capture runoff on the edges of the property. It appears that drainage through lots and onto Noble Heights may Albemarle County Community Development Engineering Review comments Page 2 of 2 become an issue, as half the lots and houses or more may not be captured by the stormwater system. Rev. 1: This has been addressed. Rev.2: no change. Rev.3: no change. 4. A concrete driveway apron to VDOT standard should be provided to continue the gutter through the parking areas and driveways. A curb and gutter section is not effective when most of the curb is absent due to driveway and parking entrances. Rev. 1: This has been addressed. Rev.2: no change Rev.3: no change 5. Rev.3: The revision to the proffer on erosion control should refer to the county engineer, or the engineering division, rather than department. file: E4 zma (,EB AvonParl:2.doc �'jRGINZP 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 6, 2013 Mr. Vito Cetta 1730 Owensfield Dr. Charlottesville, VA 22901 RE: ZMA201200004 —Avon Park II Dear Vito: Staff has reviewed your re- submittal information, dated January 5, 2013. We have a few comments, which are listed below: Plannine 1. As described in previous comment letters and as shown below in the engineering comments, there is an outstanding road issue regarding the completion of Arden Drive. Staff suggests one of the following options in order to resolve the issue: • Provide a proffer to ensure the County that this (subject) development will not take place until the outstanding road issue is improved. • Do the necessary upgrades to bring the road into compliance as the residents of this proposed development will also need this road for access. • Proffer to cover the difference in cost between what the bonds cover and the outstanding amount needed to complete the road. Without a satisfactory resolution to the outstanding road issue, staff will not be able to recommend approval of this rezoning amendment request. Staff will also not be able to process subdivisions or additional requests that involve the outstanding road issue. Engineering and Water Resources The following comments related to engineering and water resources have been provided by Glenn Brooks: 1. Arden Drive, through which this development must access, is not complete, and the developer has gone out of business. The County has been forced to call the bonds, and the insurance company that posted the bonds is concerned at payment. This process is ongoing. In addition, the road was built incorrectly at its entrance onto Avon Street Extended (Rt. 742), such that it drains across the public road. The inlets and stormwater management are therefore not functioning, and the neighbor on the opposite side of Avon Street is complaining of damage to his property. It is recommended that no further development be approved on Arden Drive until this matter is satisfactorily resolved. Rev. 1: This information will be provided to the Board. Rev. 2: No change. Proffers The following comments related to proffers and housing concerns have been provided by Ron White: Please clarify if the six units proposed are rental units accessory to primary units? If this is the case, a notification period may not be necessary. Regarding the Erosion and Sediment Control language in the proffer, it is my understanding that Frank and Glenn have discussed the language needed. Please remember to include this in revised proffers. Please let us know if you plan to revise the proffers or submit the existing proffers we have on file, as they will need to be submitted 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 road issue described in this letter, including how you plan to resolve it, and the completion /revision of proffers. 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: $185.00 Cost for newspaper advertisement $206.58 Cost for notification of adjoining owners $391.58 Total amount due prior to Planning Commission public hearing 2 Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board hearing needed. $185.00 Additional amount due prior to Board of Supervisors public hearing $576.58 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, Claudette Grant Senior Planner, Community Development C: Bellevue Real Estate LLC Frank Pohl Enc: Resubmittal Schedule Resubmittal Form 3 2013 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 Nov'5 201=2:; Dec 5<20.12 .: De6,17.20.12 Jan 8 D,ec 1.9 2012 '. Jan 7 Jan 29 ?;.:'Dec 3 201,2 Jan 2 Jan 7 Jan 29 ;?<Dec'1;7 2012 Jan 16 Feb 4 Feb 26 Jan 07 Feb 5 Feb 11 Mar 5 Tue'V 22 Feb 20 Feb 25 Mar 19 Feb 4 Mar 6 Mar 18 Apr 9 Tue;f,eb 29, Mar 20 Apr 1 Apr 23 Mar 4 Apr 3 Apr 15 May 7 Mar 18 Apr 17 Apr 29 May 21 Apr 1 May 1 May 13 Jun 4 Apr 15 May 15 May 27 Jun 18 May 6 Jun 5 Jun 24 Jul 16 May 20 Jun 19 Jun 24 Jul 16 Jun 3 Jul 03 Jul 8 Jul 30 Jun 17 Jul 17 Jul 29 Aug 20 Jul 1 Jul 31 Aug 19 Sep 10 Jul 15 Aug 14 Aug 19 Sep 10 Aug 5 Sep 4 Sep 16 Oct 8 Aug 19 Sep 18 Sep 30 Oct 22 F.TueSep 3<` r Oct 2 Oct 21 Nov 12 Sep 16 Oct 16 Oct 28 Nov 19 Oct 7 Nov 6 Nov 18 Dec 10 Oct 21 Nov 20 Nov 25 Dec 17 Nov 4 Dec 4 Dec 23 Jan 14 2014 Nov 18 Dec 18 s ;...Jan 6 20:14 ,z ; < Jan Dec 2 - Jan.1::2014z, ,S ;' , z an 6 2014 ...,,. J. : , ,. Jan`'28 20"14 _ ...:; Dec 16 r ,,.Jan 1'5 2014,..: ' Feb 3,2Q'14 Feb`.25 2094, Dates shown in italics are changes due to a County holiday * The reviewing planner will contact applicant to discuss comments of reviewers and advise that changes that are needed are significant enough to warrant an additional submittal or advise that the the project is ready for a public hearing. If changes needed are minor, the planner will advise that the project go to public hearing. ** The legal ad deadline is the last date at which an applicant can decide whether to resubmit or go to public hearing. If an applicant decides to go to public hearing against the advice of the reviewing planner, a recommendation for denial will likely result. Generally, the applicant will will have only one opportunity to defer the PC public hearing for the project once it has been advertised for public hearing. Additional deferrals will not be allowed except in extraordinary circumstances such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant's attention. FOR OFFICE USE ONLY SP it or ZMA # Fee Amount $ Date Paid By who? Receipt # Ck# By: Resubmittal of information for Special Use Permit orc "`_ ""`� Zoning Map Amendment' %I+pIN)3' PROJECT NUMBER: Z1 ()AzQ')1 A0000 ( PROJECT NAME: /)UY\ T Gi r 2---Resubmittal Fee is Required ❑ Per Request ❑ Resubmittal Fee is Not Required vi-6 L46- Community Development Project Coordinator Name of Applicant Phone Number a 3 Signature ate Signature Date FEES Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000 ❑ First resubmission FREE ❑ Each additional resubmission $500 �� r ¢�• �i�:.)x T'R`YZ y, 7�.wy `i'f, ;; 3S"Y{ ";s£n`3 4s;i'II`'§ =, i` 4..�� I„ € >'w �., +`�. �'3 �f :: �i?. 3 }.? sktkTF*,?�,`..I3' F %'4, j;s�"k #F: § }.E ?'�y�.��;�'�vr�, # >' Resubmittal fees for original Special Use Permit fee of $2,000 ❑ First resubmission FREE ❑ Each additional resubmission $1,000 t Resubmittal fees for original Zoning Map Amendment fee of $2,500 ❑ First resubmission FREE O-15a`ch additional resubmission $1,250 y�. Resubmittal fees for original Zoning Map Amendment fee of $3,500 ❑ First resubmission FREE ❑ Each additional resubmission $1,750 # �, ib w�� � 344 ..-,r,n.t. `x5 � °:.. , ?'✓ l w':'u� tt �r. Aw "�J� t ii��t.'� �i�': c,:} 7`f'�'t..., '',� .k` t >< �;< :�. ... r" �,.�.0 t F4� s Y 5 IFS t i i f Y $' �9r' _ ❑ Deferral of scheduled public hearing at applicant's request — Add'l 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 Preparing and mailing or delivering up to fifty (50) notices $200 + actual cost of first -class postage > Preparing and mailing or delivering each notice after fifty (50) $1.00 for each additional notice+ actual cost of first -class postage > Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (minimum of $280 for total of 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 1 of 1 From: Oleynik, Megan (VDOT) [Megan.Oleynik @vdot.virginia.gov] Sent: Friday, February 01, 2013 2:29 PM To: Claudette Grant Cc: Joel DeNunzio, P.E. Subject: ZMA20120004 Avon Park II Claudette, I have reviewed the subject plan. All previous comments have been adequately addressed and I have no additional comments. Thanks, Megan Oleynik Engineering Intern VDOT - Culpeper District �� OF ALg� `1 JIRGINZ� County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Amelia McCulley, Zoning Administrator Date: January 28, 2013 Subject: ZMA 2012 -0004 Avon Park II —3rd Zoning comments have reviewed the 3rd /revised rezoning submittal and have the following comments: 1. The plan was revised to more accurately reflect the parking requirements and provisions. It is acceptable as is but could have been provided in a clearer way. 2. (Prior comment remains) - The applicant should be advised that until the existing substandard road in Avon Park 1 is rebuilt to acceptable standards, no plats or plans can be approved and /or building permits may be issued on this property. The applicant's response seems to not fully grasp the impact on his development from this situation. We do not know if the existing bond will cover the costs for this work. In terms of timing even if the bond is sufficient, the timeline for us to complete the work could be later than the applicant's timeline. *-&A County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Glenn Brooks, County Engineer Date: 18 Sep 2012 Rev. 1: 19 Nov 2012 Rev.2: 10 Jan 2013 Subject: Avon Park 2 (ZMA201200004) The application for zoning map amendment has been reviewed. Engineering has the following comments; Arden Drive, through which this development must access, is not complete, and the developer has gone out of business. The county has been forced to call the bonds, and the insurance company that posted the bonds is balking at payment. This process is ongoing. In addition, the road was built incorrectly at its entrance onto Avon Street Extended (Rt. 742), such that it drains across the public road. The inlets and stormwater management are therefore not functioning, and the neighbor on the opposite side of Avon Street is complaining of damage to his property. It is recommended that no further development be approved on Arden Drive until this matter is satisfactorily resolved. Rev. 1: This should be information provided to the Board. Rev.2: no change. 2. There will need to be frontage improvements for the drainage system along Avon Street Ext. The existing ditch line and culverts will most likely not be adequate for additional drainage. Also, the existing driveway improvements will need to be taken out and a ditch or pipe system installed to accept the drainage from the stormwater management facility. Rev. 1: This has been addressed with off -site improvements shown on the plan. Further work may be required on final plans. Rev.2: no change 3. It is recommended that the grading concept be revised to better capture runoff on the edges of the property. It appears that drainage through lots and onto Noble Heights may become an issue, as half the lots and houses or more may not be captured by the stormwater system. Rev. 1: This has been addressed. Rev.2: no change. 4. A concrete driveway apron to VDOT standard should be provided to continue the gutter Albemarle County Community Development Engineering Review comments Page 2 of 2 through the parking areas and driveways. A curb and gutter section is not effective when most of the curb is absent due to driveway and parking entrances. Rev. 1: This has been addressed. Rev.2: no change file: E2 zma GEB AvonPark2.doc From: Oleynik, Megan (VDOT) [Megan.Oleynik @vdot.virginia.gov] Sent: Thursday, December 13, 2012 8:36 AM To: Claudette Grant Cc: Joel DeNunzio, P.E. Subject: ZMA- 2012 -00004 Avon Park II Claudette, I have reviewed the subject plan and have the following comments. 1. VDOT expects that parking will be provided on both sides of proposed streets and requires a minimum road width of 29 feet. 2. Sanitary sewer line and manholes should not be located within pavement. 3. Trees should be located at least 30 feet from end of curb radius. 4. Road and drainage plans will need to be submitted and meet VDOT SSAR standards prior to final approval. Please let me know if you have any questions, Thanks, Megan Oleynik Engineering Intern VDOT - Culpeper District �� OF ALg� .1 �IRGINI�r.. County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Amelia McCulley, Zoning Administrator Date: November 27, 2012 Revised 12 -10 -12 Subject: ZMA 2012 -0004 Avon Park II —2nd Zoning comments I have reviewed the 2nd /revised rezoning submittal and have the following comments: 1. The Application Plan was revised based on our request to clarify the number of units. The affordable units are counted and are not considered "accessory apartments" which would be inconsistent with the Zoning Ordinance. 2. The Zoning Ordinance states: Each tot lot shall consist of at least two thousand (2,000) square feet and shall be fenced, where determined necessary by the director of planning and community development, to provide a safe environment for young children. If you wish to substitute equipment or not utilize a fence, you can address that with the site plan review. 3. Please provide further information to explain the basis for the parking requirement for units #9- 20, including the 1 bedroom units. 4. The applicant should be advised that until the existing substandard road in Avon Park I is rebuilt to acceptable standards, no plats or plans can be approved and /or building permits may be issued on this property. 5. We recommend revising proffer #3 about erosion control to establish performance standards or to utilize the overlot grading language. The current language is problematic to administer. �'IRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 December 7, 2012 Mr. Vito Cetta 1730 Owensfield Dr. Charlottesville, VA 22901 RE: ZMA201200004 —Avon Park II Dear Mr. Cetta: Staff has reviewed your re- submittal information, dated November 5, 2012. We have a few questions and comments which are listed below: Zoning The following comments related to zoning matters have been provided by Amelia McCulley: 1. The Application Plan was revised based on our previous request to clarify the number of units. The affordable units are counted and are not considered "accessory apartments" which would be inconsistent with the Zoning Ordinance. 2. Each tot lot shall consist of at least two thousand (2,000) square feet and shall be fenced, where determined necessary by the director of planning and community development, to provide a safe environment for young children. 3. Please provide further information to explain the basis for the parking requirement for unit's #9 -20, including the 1 bedroom units. 4. Please be advised that until the existing substandard road in Avon Park I is rebuilt to acceptable standards, no plats or plans can be approved and /or building permits may be issued on this property. Engineering and Water Resources The following comments related to engineering and water resources have been provided by Glenn Brooks: 1. Arden Drive, through which this development must access, is not complete, and the developer has gone out of business. The County has been forced to call the bonds, and the insurance company that posted the bonds is concerned at payment. This process is ongoing. In addition, the road was built incorrectly at its entrance onto Avon Street Extended (Rt. 742), such that it drains across the public road. The inlets and stormwater management are therefore not functioning, and the neighbor on the opposite side of Avon Street is complaining of damage to his property. It is recommended that no further development be approved on Arden Drive until this matter is satisfactorily resolved. Rev. 1: This information will be provided to the Board. 2. There will need to be frontage improvements for the drainage system along Avon Street, Ext. The existing ditch line and culverts will most likely not be adequate for additional drainage. Also, the existing driveway improvements will need to be taken out and a ditch or pipe system installed to accept the drainage from the stormwater management facility. Rev. 1: This has been addressed with off -site improvements shown on the plan. Further work may be required on final plans. Additional comments have not been received by Bill Fritz, VDOT, or Howard Lagomarisno. We will send you any late comments we receive. Proffers The following comments related to proffers and housing concerns have been provided by Ron White: 1. Please clarify the notification period. It appears that you are proposing a 90 -day notification period to being 30 days before the units receive a C /O. While that may work, you may want to consider a 90 -day period beginning 60 days before anticipated C/O which will reduce your holding time after completion. The following comments related to proffers and zoning concerns have been provided by Amelia McCulley: 1. We recommend revising proffer #3 about erosion control to establish performance standards or to utilize the overlot grading language. The current language is problematic to administer. Action after Receint 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. 2 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: $185.00 Cost for newspaper advertisement $206.58 Cost for notification of adjoining owners $391.58 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. $185.00 Additional amount due prior to Board of Supervisors public hearing $576.58 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, &ap � �z � Claudette Grant Senior Planner, Community Development C: Bellevue Real Estate LLC Frank Pohl Enc: Resubmittal Schedule Resubmittal Form 3 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 Ma 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 5 2013 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. ** Tha lenal ad deadline is the last date at which an annlirant can deC..irla whathar to raci ihmit nr nn FOR OFFICE USE ONLY SP # or ZMA # Fee Amount $ Date Paid BY who? Receipt # Ck# BY: Resubmittal of information for Special Use Permit or `" �!�e`y2 Zoning Map Amendment APB � /1tL'IN��' PROJECT NUMBER: Z ffl ;6dQ I a 000QgPR0JECT NAME: NLno �G ©' Resubmittal Fee is Required ❑ Per Request ❑ Resubmittal Fee is Not Required Community Development Project Coordinator Name of Applicant 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 $500 Actual cost (minimum of $280 for total of 4 publications) Resubmittal fees for original Special Use Permit fee of $2,000 ❑ First resubmission FREE ❑ Each additional resubmission $1,000 d fii. Resubmittal fees for original Zoning Map Amendment fee of $2,500 ❑ First resubmission FREE Each additional resubmission $1;250 ;, v S�.P a.i...x.. 'S �. M.s ,,....i�a�.� 19 Z �7>4Vf ... �' �.rT Px�. ''w .. (, .� bF ti Y` •%, j ry..4Pl x .R e....: . ... P i .. .. i.�.FYS,. Ar.?' 1f ....._Y...7 a� Resubmittal fees for original Zoning Map Amendment fee of $3,500 ❑ First resubmission FREE ❑ Each additional resubmission $1,750 ❑ Deferral of scheduled public hearing at applicant's request — Add'I notice fees will be required $180 To be naid 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 > Preparing and mailing or delivering up to fifty (50) notices $200 + actual cost of first -class postage i' Preparing and mailing or delivering each notice after fit, (50) $1.00 for each additional notice +actual cost of first -class postage y Legal advertisement (published twice in the newspaper for each public hearing) 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 Page l of 1 *—&A County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Glenn Brooks, County Engineer Date: 18 Sep 2012 Rev. 1: 19 Nov 2012 Subject: Avon Park 2 (ZMA201200004) The application for zoning map amendment has been reviewed. Engineering has the following comments; 1. Arden Drive, through which this development must access, is not complete, and the developer has gone out of business. The county has been forced to call the bonds, and the insurance company that posted the bonds is balking at payment. This process is ongoing. In addition, the road was built incorrectly at its entrance onto Avon Street Extended (Rt. 742), such that it drains across the public road. The inlets and stormwater management are therefore not functioning, and the neighbor on the opposite side of Avon Street is complaining of damage to his property. It is recommended that no further development be approved on Arden Drive until this matter is satisfactorily resolved. Rev. 1: This should be information provided to the Board. 2. There will need to be frontage improvements for the drainage system along Avon Street Ext. The existing ditch line and culverts will most likely not be adequate for additional drainage. Also, the existing driveway improvements will need to be taken out and a ditch or pipe system installed to accept the drainage from the stormwater management facility. Rev. 1: This has been addressed with off -site improvements shown on the plan. Further work may be required on final plans. 3. It is recommended that the grading concept be revised to better capture runoff on the edges of the property. It appears that drainage through lots and onto Noble Heights may become an issue, as half the lots and houses or more may not be captured by the stormwater system. Rev. 1: This has been addressed. 4. A concrete driveway apron to VDOT standard should be provided to continue the gutter through the parking areas and driveways. A curb and gutter section is not effective when most of the curb is absent due to driveway and parking entrances. Rev. 1: This has been addressed. file: E2 zma GEB AvonPark2.doc W. ,,. -fi! R l COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 October 4, 2012 Mr. Vito Cetta 1730 Owensfield Dr. Charlottesville, VA 22901 RE: ZMA201200004 —Avon Park I I Dear Mr. Cetta: Staff has reviewed your initial submittal requesting to rezone 5.262 .acres from R -6 Residential to PRD Planned Residential Development for a maximum of 32 residential units. 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. 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. • The County's Open Space Plan describes a nearby surveyed historic site and the entrance corridor - Virginia Byways, or County Scenic Highways within this area. Neighborhood Model: The proposed zoning map amendment is to rezone a parcel from R -6 to PRD in order to reduce the number of townhomes and increase the number of single family homes in the approved ZMA2007- 00005. The PRD zoning will allow greater flexibility of lot sizes and setbacks. The general proposed intent of this rezoning request is not substantially different than the approved rezoning. The approved rezoning was for residential development and the proposed development is for a residential development. The proposed request changes the number of types of residential units to be more in keeping with the current economic and real estate market. With few revisions to the proposed plan, the proposed Neighborhood Model remains consistent with the approved rezoning (ZMA2007- 00005); therefore, a revised review of the Neighborhood Model was not completed with this request. More detailed comments may be provided after more detailed information is provided. APPLICATION PLAN- DETAILED COMMENTS The following are needed to comply with Section 8.5.1: 1. The scale of the maps should be as described in the Zoning Ordinance. 2. All tax map and parcel numbers need to be in fourteen (14) digit format. 3. Generally, make sure you are complying with Section 8.5.1 of the Zoning Ordinance. Zoning The following comments related to zoning matters have been provided by Amelia McCulley: 1. It is not clear what is being proposed for the townhouse units. Please clarify: It appears that the proposal indicates a total of 32 dwellings, inclusive of 6 townhouses and 6 -one (1) bedroom apartments associated with units 9 -20. Is this correct or are there more units proposed? These units cannot be done as "accessory apartments" as they are currently defined in the Zoning Ordinance because these are only allowed as accessory to a single family detached dwelling unit. Staff has checked other rezoning proposing affordable apartment units (such as Wickham Pond) and finds that these apartments are counted towards the total density of the development. It appears you are doing this, but it is not clear. 2. The proposed application plan does not comply with Section 19.9.1 of the Zoning Ordinance because the side setback is proposed to be 12 feet rather than the 15 feet required. The proposed setbacks shall comply with those of the adjoining district which is R1, Residential in this case. The side setback in R1 ( §13.3) is 15 feet. This provision does not appear to be available for waiver or modification per §8.2. Therefore, you must revise the plan to provide a minimum 15 foot side setback and 20 foot rear setback for those lots adjacent to residential districts on the perimeter. 3. The proposed recreation does not comply with the standards in Section 4.16 of the Zoning Ordinance as required by Section 19.6. If you are relying on the use of a tot lot on Avon Park I, you should provide information confirming that the residents of Avon Park II will have the legal right to use these recreational facilities. 4. Please provide further information to explain the basis for the parking requirement for units 9- 20, including the 1 bedroom units. 5. Please be advised that until the existing substandard road in Avon Park I is rebuilt to acceptable standards, no plats or plans can be approved and /or building permits maybe issued on this property. Engineering and Water Resources The following comments related to engineering and water resources have been provided by Glenn Brooks: 2 1. Arden Drive, through which this development must access, is not complete, and the developer has gone out of business. The County has been forced to call the bonds, and the insurance company that posted the bonds is concerned about making the payments. This issue is ongoing. In addition, the road was built incorrectly at its entrance onto Avon Street Extended (Rt. 742), such that it drains across the public road. The inlets and stormwater management are therefore not functioning, and the neighbor on the opposite side of Avon Street is concerned of damage to his property. It is recommended that no further development be approved on Arden Drive until this matter is satisfactorily resolved. 2. There will need to be frontage improvements for the drainage system along Avon Street Ext. The existing ditch line and culverts will most likely not be adequate for additional drainage. Also, the existing driveway improvements will need to be taken out and a ditch or pipe system installed to accept the drainage from the stormwater management facility. 3. It is recommended that the grading concept be revised to better capture runoff on the edges of the property. It appears that drainage through lots and onto Noble Heights may become an issue, as half the lots and houses or more may not be captured by the stormwater system. 4. A concrete driveway apron to VDOT standard should be provided to continue the gutter through the parking areas and driveways. A curb and gutter section is not effective when most of the curb is absent due to driveway and parking entrances. Entrance Corridor The following comments related to the Entrance Corridor Guidelines have been provided by Margaret Maliszewski: 1. The proposed change from townhomes to single family residences occurs primarily at the rear of the site and is not expected to have a negative impact on the Entrance Corridor if the quantity and character of landscaping approved with ARB- 2008 -12 is maintained in the current plan. Most of the proposed landscaping has been removed from the plan, but a few stray "proposed" trees remain. All "proposed" landscaping should be shown on the plan, or all "proposed" landscaping should be removed. Current Development The following comments related to the site plan process have been provided by Bill Fritz: 1. Please be aware that some of the proposed driveways and lots appear to be steep and may be difficult to maneuver for parking and maintenance. VDOT Comments have not been received. Staff will send comments upon receipt. ACSA The following comments related to Albemarle County Service Authority (ACSA) have been provided by Alexander Morrison. This relates to the site plan process: 1. Final water and sewer construction drawings are required for ACSA review prior to granting construction approval. Fire /Rescue The following comments related to Fire /Rescue have been provided by Howard Lagomarisno: 3 Please keep the following in mind for future planning on this project: Roads must provide for emergency equipment access. This means that the travelway must be a minimum of 20 feet, unobstructed (parked cars are considered an obstruction). For dead ends longer than 150 feet, an approved turn around for emergency equipment must be provided, as an example, a cul de sac must provide a radius of 96 feet (ninety six feet), adequate water source and the required fire flow must be addressed. Proffers The following comments related to proffers and housing concerns have been provided by Ron White: 1. There appears to be a discrepancy in the number of affordable units. You have mentioned 6 units, which appears appropriate to meet the affordable housing policy; however, 12 units are also stated in the last sentence of the first paragraph. 2. Paragraph A is a bit confusing with regard to what qualifies as affordable but the language is generally consistent with other proffers. 3. Paragraph A i. provides a 90 -day notification period beginning 120 days prior to expected completion. Generally, the notification period would extend at least 30 days beyond expected completion. Not sure if you meant a 120 -day notification period beginning 90 days prior to completion? 4. Paragraph A ii. 1. Discusses net rent and its relationship to applicable maximum rents. The County uses gross rents as applicable maximum rents. The current language could be okay as long as you understand that the County would deduct tenant -paid utilities from the applicable maximum rents (gross rent) to determine the maximum net rent. 5. Paragraph A ii. 3 states that a copy of the lease will be sent to the Albemarle County Housing Office. Since there is no staff and storage to handle these documents, staff believes that reporting in writing of initial rents to the Housing Office would be sufficient. This could be done by e-mail. The last sentence of this paragraph allows the County to request documents as the County may reasonably require. 6. The cash -in -lieu amount is now $21,125. This amount has been 10% of the maximum affordable selling price which is now $211,250. The following comments related to proffers and zoning concerns have been provided by Amelia McCulley: 1. Please be aware that the proposed cash proffers are substantially less than the current cash proffer policy. Staff recommends the proffer amounts be updated appropriately or if the current amount in the proffer is intended this will need to be brought to the Board's attention. You should provide written information to explain any offsetting costs or improvements. The current cash proffer for single family detached is $19,753.68, single family attached /townhouses is $13,432.49, and multi - family is $13,996.89. 2. We recommend revising proffer #3 regarding erosion control to establish performance standards or to utilize the overlot grading language. The current language is problematic to administer. 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. 2 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: $185.00 Cost for newspaper advertisement $206.58 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50 adjoining owners) $391.58 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. $185.00 Additional amount due prior to Board of Supervisors public hearing $576.58 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. Feel free to contact me if you wish to meet or need additional information. My email address is cgrant@albemarle.org. Sincerely, Claudette Grant Senior Planner Community Development C: Bellevue Real Estate LLC Frank Pohl enc: Action After Receipt of Comments Resubmittal Schedule Resubmittal Form 5 DEPARTMENT OF COMMUNITY DEVELOPMENT � �'IRGINIP 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 any time you wish to withdraw your application, please provide your request in writing. Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. Fee Payment Fees may be paid in cash or by check and must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. Page 2 of 6 Revised 4 -25 -11 eke FEE SCHEDULE FOR ZONING APPLICATIONS A. For a special use permit: 1. Additional lots under section 10.5.2.1; application and first resubmission Fee............................................................................ ............................... ......................$1,000.00 Eachadditional resubmittal ....................................... ............................... ........................$500.00 2. Public utilities; application and first resubmission Fee............................................................................ ............................... ......................$1,000.00 Eachadditional resubmittal ....................................... ............................... ........................$500.00 3. -Day care center; application and first resubmission actual cost of first class postage 2. Preparing and mailing or delivering, per notice more than fifty (50): Fee............................................................................................ ............................... actual cost of first class postage Published notice: Fee...................................................................... ............................... Page 3 of 6 31.00 plus the ........ .........................Actual cost Revised 4 -25 -11 eke Fee............................................................................ ............................... ......................$1;000.00 Eachadditional resubmittal ....................................... ............................... ........................$500.00 4. Home occupation Class B; application and first resubmission Fee............................................................................ ............................... ......................$1,000.00 Each additional resubmittal ....................................... ............................... ........................$500.00 5. 5. Amend existing special use permit; application and first resubmission Fee............................................................................ ............................... ......................$1,000.00 Each additional resubmittal ....................................... ............................... ........................$500.00 6. Extend existing special use permit; application and first resubmission Fee............................................................................ ............................... ......................$1,000.00 Eachadditional 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............................................................................................ ............................... actual cost of first class postage Published notice: Fee...................................................................... ............................... Page 3 of 6 31.00 plus the ........ .........................Actual cost 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 Ma 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 Ju130 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 5 2013 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. 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O -fi cn r CD Z. in O N "D CD M LO Z -A m CO O_ c� J O FOR OFFICE USE ONLY SP # or ZMA 4 Fee Amount $ Date Paid By who? Receipt # Ck# By: pF n�yC Resubmittal of information for Special Use Permit or �_� '' >. ; 1 x7r� Zoning Map Amendment �„�;,N,�. PROJECT NUMBER: ZMAaolotoocoe -f PROJECT NAME: Ayor7 ❑ Resubmittal Fee is Required ❑ Per Request M--_Rkesubmittal Fee is Not Required le V16 646 Community Development Project Coordinator Name of Applicant 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 $500 i Ms.,,� � tt -'a t ��v xS s�•,iN:. �s ��., ,� n��:ti3t vt 1 Eysfe t �;.� I�:,y"%r'�s.,;" n.�,ia.,t span 1�. F F. �.: 24 y,.>i � *�r Z,�ka" r .0 -"_ t;e+. Resubmittal fees for original Special Use Permit fee of $2,000 ❑ First resubmission FREE ❑ Each additional resubmission $1,000 �i gwA ;. .. :. Resubmittal fees for original Zoning Map Amendment fee of $2,500 First resubmission FREE ❑ Each additional resubmission $1,250 i� w ✓Tf P£1.t.E<}= ,gE:'fi:Ax3 k5 k. r`'f: Y% # � �L #_• � ! .: 3'�j C.� u'� 7"-� %p• v t� ...�.i 3F..ti�.b5 }'.; .. Yr':�:: k^ �S8t:1. �ro Resubmittal fees for original Zoning Map Amendment fee of $3,500 ❑ First resubmission FREE ❑ Each additional resubmission > F"0. . ' . ` r_ , t <. 1 . ,.. . . f 1 .$...1... �,7F1'kY K5 ' °0 C. 4 Ery ❑ Deferral of scheduled public hearing at applicant's request — Add'l 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 ALBEMARLEIPAYMENT AT COMMUNITY DEVELOPMENT COUNTER Preparing and mailing or delivering up to fifty (50) notices $200 + actual cost of first -class postage > Preparing and mailing or delivering each notice after f fty (50) $1.00 for each additional notice + actual cost of first -class postage > Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (minimum of $280 for total of 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 Pa .-e 1 of 1 �� OF ALg� .1 �IRGINI�r.. County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Amelia McCulley, Zoning Administrator Date: September 21, 2012 Subject: ZMA 2012 -0004 Avon Park II — initial Zoning comments I have reviewed the initial rezoning submittal and have the following comments: 1. While the proposal indicates a total of 32 dwellings, with the addition of up to 11 -one (1) bedroom apartments associated with townhouse units 9 -20, this adds 11 units for a total of 43 dwellings. These units cannot be done as "accessory apartments" as they are currently defined in the Zoning Ordinance because these are only allowed as accessory to a single - family detached dwelling unit. Staff has checked other rezoning proposing affordable apartment units (such as Wickham Pond) and finds that these apartments are counted towards the total density of the development. 2. Please consult with Ron White, Housing Director, as to the provision of affordable housing proffers. It will be important to have his approval on the form and substance of the provision of affordable housing. 3. The proposed application plan does not comply with Section 19.9.1 because the side setback is proposed to be 12 feet rather than the 15 feet required. The proposed setbacks shall comply with those of the adjoining district which is R1, Residential in this case. The side setback in R1 ( §13.3) is 15 feet. This provision does not appear to be available for waiver or modification per §8.2. Therefore, the applicant must revise the plan to provide a minimum 15 foot side setback and 20 foot rear setback for those lots adjacent to residential districts on the perimeter. 4. The proposed recreation does not comply with the standards in Section 4.16 as required by Section 19.6. If the applicant is relying on the use of a tot lot on Avon Park I, they should provide information confirming that the residents of Avon Park II will have the legal right to use these recreational facilities. 5. Please provide further information to explain the basis for the parking requirement for units #9- 20, including the 1 bedroom units. 6. The applicant should be advised that until the existing substandard road in Avon Park I is rebuilt to acceptable standards, no plats or plans can be approved and /or building permits may be issued on this property. 7. The proposed cash proffers are substantially less than the current cash proffer policy. This will need to be brought to the Board's attention. The applicant should provide written information to explain any offsetting costs or improvements. 8. We recommend revising proffer #3 about erosion control to establish performance standards or to utilize the overlot grading language. The current language is problematic to administer. Claudette Grant From: Victoria Fort [vfort @rivanna.org] Sent: Wednesday, September 19, 2012 10:00 AM To: Claudette Grant Subject: ZMA201200004 /Avon Park II Claudette, RWSA has reviewed the application ZMA201200004 /Avon Park II. Below is a completed copy of the form that was provided to us by Elaine Echols for SP & ZMA Applications. To be filled out by RWSA for ZMA's and SP's 1. Capacity issues for sewer that may affect this proposal None Known 2. Requires Rivanna Water and Sewer Authority Capacity Certification Yes X No 3. Water flow or pressure issues that may affect this proposal None Known 4. "Red Flags" regarding service provision (Use attachments if necessary) None Known Please let me know if you have any questions. Thank you, 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 *—&A County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Glenn Brooks, County Engineer Date: 18 Sep 2012 Subject: Avon Park 2 (ZMA201200004) The application for zoning map amendment has been reviewed. Engineering has the following comments; Arden Drive, through which this development must access, is not complete, and the developer has gone out of business. The county has been forced to call the bonds, and the insurance company that posted the bonds is balking at payment. This process is ongoing. In addition, the road was built incorrectly at its entrance onto Avon Street Extended (Rt. 742), such that it drains across the public road. The inlets and stormwater management are therefore not functioning, and the neighbor on the opposite side of Avon Street is complaining of damage to his property. It is recommended that no further development be approved on Arden Drive until this matter is satisfactorily resolved. 2. There will need to be frontage improvements for the drainage system along Avon Street Ext. The existing ditch line and culverts will most likely not be adequate for additional drainage. Also, the existing driveway improvements will need to be taken out and a ditch or pipe system installed to accept the drainage from the stormwater management facility. 3. It is recommended that the grading concept be revised to better capture runoff on the edges of the property. It appears that drainage through lots and onto Noble Heights may become an issue, as half the lots and houses or more may not be captured by the stormwater system. 4. A concrete driveway apron to VDOT standard should be provided to continue the gutter through the parking areas and driveways. A curb and gutter section is not effective when most of the curb is absent due to driveway and parking entrances. File: El zma GEE nvonParkldoc