HomeMy WebLinkAboutSP201300006 Review Comments Special Use Permit 2013-04-05COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
April 5, 2013
Justin Shimp,
Shimp Engineerng
201 McIntire Road
Charlottesville, VA 22902
RE: SP 201300006, Commonwealth Offices
Dear Mr. Shimp;
Staff has reviewed your initial submittal for SP201300006, Commonwealth Offices.
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:
Planning
Initial comments on how you proposal generally related to the 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.
The Places29 Master Plan designates this property as Urban Density Residential which is described as
residential use at a density range 6.01— 34 units/ acre supporting uses such as religious institutions,
schools, commercial, office and service uses. The property's current zoning is consistent with the
Comprehensive Plan recommendation. It is zoned R -15- Residential, and professional offices are permit
with approval of the requested Special Use Permit. Special Use Permit requests are reviewed for their
consistency with the recommendations of the Comprehensive Plan and whether the proposed use is
compatible with the site and surrounding area. The following are the staff's initial comments regarding
the proposal:
Staff has no objection with the proposed use (professional offices) in this location. There are
concerns /questions primarily about how the use is proposed to be developed on the site
(impacts to critical slopes and building location) and whether stormwater and drainage facilities
are adequately designed for the extent of the proposed use.
The site contains critical slopes (25% >) that have not been shown on the concept plan. The
concept plan shows development on critical slopes; therefore, a waiver of section 4.2 to allow
grading on critical slopes needs to be submitted with this request. Please note that the Places29
Master Plan Parks and Green Systems Map identifies the stream and critical slope areas on site
as "parks & public open space to recognize the areas "public" benefit as a stream and assumed
undisturbed critical slope area.
- please revise application plan to depict critical slopes
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please submit critical slopes waiver request to be reviewed as acted on in
conjunction with the review and action on the SP. It is recognized that a past critical
slope waiver was approved for this site; however, this is a different proposal (for
different use and with different plan of development) and the previous proposal was
approved under different regulations for the review and approval for waivers and
modifications (pre Sinclair Court case).
• No inter - parcel connection is shown on the concept plan to the Trophy Chase Apartments site
on the north side of this site. Please submit a request to for modification of Section 32.7.2. 5
of the Zoning Ordinance for the provision of inter - parcel to be reviewed as acted on in
conjunction with the review and action on the SP.
• The County Engineer has indentified a number of issues that need to be addressed with the
concept plan and /or site development plan. Please make sure that items 1 -3 of the County
Engineer's comments are addressed as part of this SP review, and in particular items 2 and 3.
The adequacy of the downstream channels for the conveyance of drainage from this
site /development proposal is an important consideration in staff's review of this SP request,
given current concerns about the adequacy of the drainage system serving this drainage area.
- please provide information requested by the County Engineer to order to determine the
adequacy of downstream channels to convey drainage from the proposed development.
The site only partially relegates parking and locates the building to the rear of the site.
Furthermore, the total amount of development proposed on this site appears to necessitate
impacts to critical slopes in order to provide an adequate amount parking. Staff recommends
that the site layout be revised to the bring building up to Commonwealth Drive, to further
relegate parking, and reduce the area of critical slopes impacted. This could be more easily
achieved by a reduction in building total square footage proposed on the site.
• Neighborhood Model:
An initial evaluation of the proposal's consistency with the the Neighborhood Model Principles
is provided below:
Pedestrian
There is an existing sidewalk along the frontage of the site that will remain or
Orientation
be replaced and a internal sidewalk will be constructed to connect the
building to the Commonwealth Drive sidewalk. This principle is met.
Neighborhood
Trees are proposed to be planted between the existing sidewalk /road and
Friendly Streets and
proposed parking area. This principle is met.
Paths
Interconnected
No interconnection is to adjacent sites is proposed. This site is adjacent to
Streets and
the Trophy Chase apartments and parking lot. Although an interconnection
Transportation
could be made to connect these sites, due to the small scale of the proposal,
Networks
and the close proximity of the entrances serving these sites development on
to Commonwealth Drive, there may bea limited benefit or purpose for an
interconnection. A waiver request needs to be submitted to fully evaluate
this request.
Parks and Open
No park or public space is provided for the office building. The
Space
Comprehensive does not identify this site for a public space /park use.
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More detailed comments may be provided after more detailed or revised plans are provided.
Zoning
The following comments related to zoning matters have been provided by Ron Higgins:
Recommend that Commercial setbacks be required /conditioned:
-30' front building and 10' front parking setbacks and 20' undisturbed buffer from adjacent residential
zoning.*
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by
Michelle Roberge:
1. There are plans for the county to adopt the existing pond as a regional SWM facility. However, since
this is a pending effort and no date has been established by the county since 2007, 1 recommend
designing a new SWM facility within the property (same location). The existing state of this pond
already encroaches on the Turtle Creek Condominium's property. Previous designers proposing to
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A portion of the site contains a drainage area /stream, with critical slopes. A
portion of that area will be used for stormwater detention for this proposal.
Neighborhood
Neither this site or the immediate area is designated as a center in the
Centers
Places29 MP. This proposal could provide service opportunities to nerby
residential areas. Other center areas are located withn walking distance to
this section of Commonwealth Drive.
Buildings and
The building is proposed to be 3 stories with a 4500 sq. ft. footprint. The
Spaces of Human
height and scale of building is consistent with the general guidleines in the
Scale
Places29 MP for commercial and retail secondary uses in the Urban Density
Residential L.U. designation. However, parking is not fully relegated and the
building is not oriented to the public street on this small parcel (which is
constrained by a stream valley and critical slopes). This principle is not met.
Relegated Parking
Parking is not entirely relegated on this site. One of two parking pads is
located between Commonwealth Drive and the building. The second pad is
located beside the building. This principle is not met.
Mixture of Uses
This is a small site that would contain one single use office building.
However, this building will create a greater mix of uses this immediate area
along Commonwealth Drive. This principle is met.
Mixture of Housing
This proposal is for professional offices only. This section of Commonwealth
Types and
Drive is consists of apartment townhouses /single - family attached and a
Affordability
nursing home. This principle is met in the larger context of the area.
Redevelopment
This site is undeveloped. This principle does not apply.
Site Planning that
The total square footage of office space proposed and the parking needed to
Respects Terrain
support this amount of development is resulting in development on critical
slopes. No critical slopes waiver request has been submitted to date. This
principle has not been met
Clear Boundaries
This property is located entirely within the Development Area Boundaries.
with the Rural
This principle does not apply.
Areas
More detailed comments may be provided after more detailed or revised plans are provided.
Zoning
The following comments related to zoning matters have been provided by Ron Higgins:
Recommend that Commercial setbacks be required /conditioned:
-30' front building and 10' front parking setbacks and 20' undisturbed buffer from adjacent residential
zoning.*
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by
Michelle Roberge:
1. There are plans for the county to adopt the existing pond as a regional SWM facility. However, since
this is a pending effort and no date has been established by the county since 2007, 1 recommend
designing a new SWM facility within the property (same location). The existing state of this pond
already encroaches on the Turtle Creek Condominium's property. Previous designers proposing to
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use this existing pond had great difficulty requesting and obtaining an easement required due to
ponding beyond the property line.
2. The site is proposed to drain into an existing 48" RCP pipe owned and maintained by VDOT. From
there it drains through the townhouse site, then Stonefield shopping center, under Rt. 29 and finally
into the city. Adequate channels are required to be demonstrated. The contributing drainage area,
from your site, to a point of discharge is one percent or less for the total watershed area. Please
provide this analysis. Please be aware that there have been great concerns at the discharge from
Stonfield, and this site contributes to that flow directly.
3. The existing 48" RCP is also in poor condition. A pipe has been inserted as a solution. The new pipe
diameter is not known and will need to be addressed in calcs. I recommend replacing this pipe to
mitigate future issues with this pipe.
4. Guardrails are required for the retaining wall. There is a 4' drop at SW corner of the retaining wall
with a proposed sidewalk.
5. Please explain how the parking lot running north -south will be treated. Will filterra be used?
6. Please provide CG -6 at the parking lot running north -south for drainage to DI -313.
7. The access road should wrap around the basin to the edge of the property line. Please ensure that
this access road is above the 100 year water mark and does not exceed a 16% grade.
8. The entrance should not exceed 4% for a distance of 40'. Section 18- 4.12.17.
9. Please revise the 515 contour near the CG -12 at main entrance to a 2:1 slope at minimum.
Fire /Rescue
The following comments have been provided by Robbie Gilmer:
1. Fire Flow requirements shall be 1500 gpm @20 psi.
2. Fire Department Connection shall be located on the address side of the building and within 50 ft of a
fire hydrant. The FDC and Hydrant need to be located so as to not block other responding apparatus
when hooked up.
Entrance Corridor (N /A)
VDOT
Comments from VDOT will be provided when received
ASCA /RWSA
The ACSA has reviewed the proposal and has not identified any major issues with the request.
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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:
$168.60 Cost for newspaper advertisement
$207.52Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per
owner after 50 adjoining owners)
$368.50 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.
$168.60 Additional amount due prior to Board of Supervisors public hearing
$544.72 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 some 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
dbenish @albemarle.org.
Sincerely,
David Benish
Chief of Planning
enc: Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
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DEPARTMENT OF COMMUNITY DEVELOPMENT
� �'IRGINZP
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
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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.
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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
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
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
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