HomeMy WebLinkAboutZMA201300012 Review Comments Zoning Map Amendment 2013-08-23COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
TO: Megan Yaniglos, Senior Planner -Planning Services
FROM: Rebecca Ragsdale, Senior Planner -Zoning Services
DATE: August 23, 2013
RE: ZMA 2013-12 Rivanna Village
Fax (434) 972-4126
Comments below are based on review of "Application Narrative"; "Amended and Restated Code
of Development; Amendment to ZMA #2001-08"; "Proffer Statement dated July 15, 2013", and
application plan dated 7-15-13, prepared by Terra Concepts, P.C. and titled "Zoning Map
Amendment for Rivanna Village."These items have been reviewed for compliance with Section
8, Section 20A, and Section 33 as applicable, for compliance with the proffer policy, affordable
housing policy, and consistency/questions based on review of the approved waivers, code of
development, and application plan associated with ZMA 2001-08.
1. East Rivanna Fire Station (093A1 -00 -00 -002000) -The parcel was included with ZMA 2001-
08 and should be included with this proposed rezoning.
2. Code of Development -While Zoning is supportive of a simplified code of development that is
easier to administer, there are a number of ordinance requirements that were not provided
or need to be corrected.
• Page 4 -Correct the reference to the "Illustrative Plan." Sheet 2 of Exhibit B is the Block
Plan.
• Page 5 -Correct this page as no Exhibit D or Table 2.3 have been provided.
• Page 6 -Homes for developmentally disabled aka Group Homes must be allowed
anywhere SFD homes are allowed so this use needs to be added Blocks I and J.
• Table 2.6 on Page 6 -Delete Home Occupation (Major) and Home Occupation (Minor).
These uses are only permitted in the RA zoning district. Home Occupation Bs are
recommended to be by special use permit only, consistent with how they are permitted
in other residential zoning districts.
• Delete reference to major home occupations in Note 1 on Page 8.
• Drive-throughs must be by SP and not listed as a permitted use.
• Tourist lodging is not the same use as an Inn and is subject to the requirements of
Section 5.1.17. Delete the reference to "Tourist Lodging" in the note on Page 8.
• Delete uses that will not be permitted in any blocks from the Code list of uses or provide
a list of prohibited uses. If any of the uses will be permitted, designate which blocks
these uses will be allowed: Automobile laundries; Auto/truck repair; Auto Service Station;
Body Shop; Building Material Sales; Cemetaries; Commercial Kennels; Commercial
Recreation; Feed and Seed Stores; Fire extinguisher/security products/sales; Funeral
homes; Heating oil sales and distribution; Light warehousing; Livestock sales;
Machinery/equipment sales, etc; Mobile home and trailer sales and service; Modular
building sales; Motor vehicle sales, service, rental; New automotive parts sales;
Newspaper publishing; Outdoor Amphitheatre (recommend use be permitted); Research
and development; Sale of major recereational equipment and vehicles; Septic tank
sales and related services; Warehouse facilities; Wayside stands; and Wholesale
distribution.
• Update Farmer's Market reference to Section 5.1.47
• Eating Establishment (term no longer used in the ordinance) should be revised to
Restaurant. Delete reference to fast food restaurant. There is no distinction in the
ordinance between a restaurant and a fast food restaurant, except the drive-through.
Drive-throughs must be by SP.
• Section 20A.7 Residential Density- Update page 9 of the Code to provide the gross
residential density of the proposed development. Make sure acreage information
provided for the development is accurate. Information provided on Sheet 2 of the plan
set does not add up to 90.33 acres, which other items submitted with the rezoning
indicate as the acreage.
• Provide the minimum and maximum density/square footage for residential and non-
residential uses by block. For an example of what to provide, see page 15 of the Code
approved with ZMA 2001-08
• Provide a description of land use mix for each block. See pages 16-18 of Code approved
with ZMA 2001-08.
• Provide Build -to lines in "Table 0" on page 10. Correct title of "Table 0."
• The NMD district requires that form/massing and fagade treatments be included in codes
of development. It no longer requires architectural styles, colors, materials be included
unless determined necessary. Planning should make the determination of whether 4.1.2
should remain in the code of development and first bullet under 4.1.1.Section 4. 1.1 of
the proposed code of development should include actual standards that can be enforced
(minimum porch dimensions, relegated parking standards, etc). The description on page
11, with tallest buildings near commercial core, is not achieved with the building height
regulations in table 3.4 on Page 10.
• Section 4.3. Landscape standards I believe the reference in the first paragraph under 5.1
on page 13 should be to Section 32.7.9
• Section 20A.9 Greenspace, Amenities, etc -Confirm the total acreage for gross density
calculations and to confirm requirements of 20.A.9 met. Sheet 7 indicates 90.33 acres
and the Block Plan Size acreage totals to 88.74.
• Revise the code of development to demonstrate requirements for 20A.9 GREEN
SPACES, AMENITIES, CONSERVATION AREAS AND PRESERVATION AREA and
include breakdown of these areas by block and include, standards/descriptions. See
Pages 19-21 of Code approved with ZMA 2001-08 for example. Parks and Recreation
should provide comments on the park facilities.
• Parking- Information on page 16 is insufficient to meet ordinance requirements. No
justification is provided to reduce the parking requirement to 1 space per dwelling unit
and is not recommend for approval. Please review Section 4 parking requirements and
resubmit the required information (below). Examples can be provided if needed. Public
parking for the park needs to be addressed in the parking study (page 21 of code
approved with prior ZMA is a starting point for this).
Parking and loading needs study in a proposed neighborhood model district. An application to establish a
neighborhood model district shall include a parking and loading needs study that demonstrates parking
needs and requirements and includes strategies for dealing with these needs and requirements, including
phasing plans, parking alternatives as provided in section 4.12.8, and transportation demand
management strategies as provided in section 4.12.12; provided that the applicant may elect to submit
the parking and loading needs study in conjunction with the preliminary site plan for the development if it
determines that the uses that may occupy the buildings are not sufficiently known at the time of the
zoning map amendment.
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3. Application Plan-
• Provide a legend on the plan sheets.
• Standards for the trails shown on the application plan must be provided either in the
code of development or on the application plan. A deadline/trigger for trail completion
should be provided and perhaps included in a proffer. It should be clear in the code or on
the plan that these trails are not public greenways for dedication to the County.
• Sheets 5 and 6 must be revised to meet ordinance requirements for 20A.9 GREEN SPACES,
AMENITIES, CONSERVATION AREAS AND PRESERVATION AREAS and areas designated for each
shown on the plans. Ordinance definitions are below.
Green space within parks and recreational amenities. Any portion of an amenity that is covered in grass or
other vegetation may be counted as both green space and an amenity.
Preservation area: An area identified on a plan submitted for approval which contains natural features
such as non -tidal wetlands, floodplain, streams and stream buffers that are to be preserved in a natural
state and not be developed with any manmade feature. (Added 3-19-03)
Conservation area: An area identified on a plan submitted for approval which contains cultural assets or
natural features such as non -tidal wetlands, floodplain, slopes identified in the open space element of the
comprehensive plan, or streams and stream buffers, within which only limited disturbance or
development is allowed. Uses allowed in conservation areas include, but are not limited to, utilities,
greenways, pedestrian paths, streets, and stormwater management facilities, where, in the opinion of the
director of engineering, no other location is reasonably available and when these improvements have the
least impact possible on the environmental features of the area.
(Added 3-19-03)
4. Proffers-VDOT, County Attorney, and Parks/Recreation should also provide comments on
proffers. Zoning comments are below.
• Proffer 1 -Is this proffer still recommended if density/commercial development is reduced
with the proposed amendment?
• Proffer 2 -The CIP cash proffer language should be updated to use our current standard
language and use of funds should not be limited but available for CIP more generally. If
the proffers are revised to address this comment, then the last paragraph should also be
deleted. The amounts proffered are not consistent with the current cash proffer policy.
• Proffer 4-1 believe this proffer is no longer needed and a traffic signal has already been
installed at Route 250/Glenmore Way.
• Proffer 6- Parks and Recreation and the County Attorney should review and provide
comment on this proffer. References to park improvements are no longer included in
Code of Development. While they are shown on the Application Plan, the minimum
facilities provided must be included in the code of development, as referenced in the
proffer. In paragraph 2, "initial plat" should be clarified and recommend changing the
language to "first subdivision plat."
• Proffers 7 and 8- Specific minimum standards should be included in the code of
development for the landscape buffer and the proffer must include when it will be
installed. ARB comments on these proffers should also be addressed.
• Proffer 9 -Standard affordable housing proffer language should be used. The decision to
except cash in lieu of units should be made by the Housing Director. Also, some of the
strategies for addressing affordable housing from the code of development (pages 23-
25) should also be considered for inclusion in this proffer.
5. Waivers- A number of waivers were approved with ZMA 2001-08 (refer to approval letter
dated October 23, 2007) and in the code of development. If the applicant is seeking to
modify these ordinance sections, the waiver request must be submitted, reviewed, and
acted on again with this ZMA. Staff recommends they be submitted in a table format for
ease of review and administration, if requested and approved.
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