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HomeMy WebLinkAboutZMA201300016 Review Comments Zoning Map Amendment 2013-12-20COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4176 December 20, 2013 Scott Collins Collins Engineering 200 Garrett Street, Suite K Charlottesville, Virginia 22902 RE: ZMA 2013 - 00016, Avinity II Mr. Collins: Staff has reviewed your initial submittal for a zoning map amendment (ZMA). We have a number of questions and comments which we believe should be considered before your ZMA moves forward to the Planning Commission. We would be glad to meet with you to discuss these issues. All comments from all reviewers are provided in this letter, however the major issues that will need to be addressed before moving forward to the Planning Commission are listed below. Many of these show up in other comments by each reviewer listed in this letter, however it is important to identify the major concerns, and these should be addressed with a resubmittal: 1. The entrance between Pebble Drive and Kappa Sigma does not meet the access management spacing standards for VDOT. This needs to be addressed to meet the standards. (See VDOT comments) 2. According to County GIS, Pebble Drive is on TMP 90 -35F. Provide documentation that states the Avinity II has rights to use and upgrade Pebble Drive, or that the ownership belongs to Avinity 11. Also, the driveway for TMP90 -35F does not appear to be given access to the proposed, upgraded Pebble Drive on the application plan. 3. The minimum requirements for a Neighborhood Model District application plan were not provided. (See Zoning comments for detailed information.) 4. Staff recommends that this rezoning request be for PRD instead of NMD as was stated in the pre - application meeting. This request does not meet the requirement of two general use classifications as all that is proposed is residential. A modification to 20A.8(b) Mixture of uses is needed or additional uses as specified in the ordinance must be added to the code of development. (See Zoning Comments). If a waiver is request, this will not be supported by staff since there is another zoning district that allows only residential. 5. A community meeting must take place before the project is scheduled for the Planning Commission. Staff suggests notifying residents within a quarter mile radius of the property boundaries of a community meeting or open house to be held by the applicant. Adjacent property owners and neighborhoods (and the Coordinating Reviewer /planner) should receive advance notification of this meeting (date /time /location). Staff can assist in providing the list of owners to be notified. As stated in the pre - application comments because the Comprehensive Plan update proposes a different designation than the existing Comprehensive Plan and the applicant wishes to develop in a form that is consistent with the current Comprehensive Plan as opposed to what the Planning Commission is recommending, staff suggests a worksession with the Planning Commission to make sure there is a clear understanding of how the Planning Commission would view this request given the fact that the Planning Commission is recommending a portion of this site for a different designation. 6. Provide an updated open space calculation for Avinity I to assure that the minimum open space requirements are still being met with the modification. 7. A large number of corrections need to be made to the Code of Development (See Zoning comments). 8. The plan is not providing amenities as required and a waiver must be submitted and processed for Section 20A and 4.16. While Cale Elementary School is adjacent to this development, this playground is unaccessible to the public during the school hours, and months, also the topography would restrict the residents from walking to the playground. (See Zoning comments) 9. The parking information (required vs. provided) is insufficient. A parking study needs to be provided. (See Zoning comments). 10. Stormwater management should meet the new state regulations passed last year. 11. Traffic impacts should be further studied. The signal and turning warrants, as well as queuing on both Avon Street and Route 20 should be investigated. Intersection sight distance for Pebble Drive needs to be provided and verified. (See Engineering and VDOT comments for further detail) 12. Prior to scheduling the public hearing, provide easements for the off -site grading on TMP91 -16B. 13. Existing and proposed utilities along the frontage (overhead electric, water and sewer lines) and the proximity of the proposed storm water facility to the Rt. 20 right -of -way suggest that landscaping meeting Entrance Corridor standards can't be achieved with the layout shown. It is recommended that the layout be revised and the plan and /or code address this issue in greater detail to show how the landscaping requirements will be met. (See ARB comments) 14. A number of revisions need to be made to the Proffers. (See Zoning and County Attorney comments). 15. Show all alleys and roads proposed on the application plan. In Block 4 there is a road or alley shown in the Code of Development that is not shown on the application plan. (See comment #3 above) 16. Submit a waiver request and justification for the private streets. (See engineering comments for additional comments on the private streets) 17. Remove any reference to the "new critical slopes ordinance" and "managed vs preserved slopes ". This ordinance has not been adopted. 18. Relegated parking is not being addressed with this plan. In order to mitigate this, provide a section in the code of development (COD) that addresses relegated parking. This can include a statement in the Code of Development that sets the garage back from the face or porch of each unit a certain number of feet (minimum of 3 feet is recommended). 19. This development is directly across from the Rural Areas. In the Code of Development, the townhouses are placed closest to Route 20 and the rural areas, a dense form of development directly across from the rural area. Adjustments should be made to either have single family residential in this area, or provide a buffer between this development and the Rural Areas. Also, the stormwater management facility, should not be placed in this location, or be landscaped with a heavy buffer to mitigate the impact. Planning Planning staff's comments are organized as follows: How the proposal relates to the Comprehensive Plan The Neighborhood Model analysis Additional Planning Comments Additional comments from reviewers (See attached) Comprehensive Plan. Comments on how your project conforms to the Comprehensive Plan will be provided to the Planning Commission and Board of Supervisors as part of the staff report that will be prepared for the work session and the public hearing. The comments below are in preparation for the work session and may change based on direction from the Commission at the work session and /or with subsequent submittals. The Comprehensive Plan currently designates this area as urban density, which allows residential (6.01 -34 units /acre); and supporting uses such as religious institutions, schools, commercial, office, and service uses. The proposal consists of a residential use development (townhouses, single family attached and detached units) in a form and proposed density (maximum density 145 units, at approximately 12 units /acre), that are consistent with the land use recommendations of the Comprehensive Plan. No commercial or non - residential uses proposed. The Comprehensive Plan is currently in the process of being updated. The draft Comprehensive Plan proposes to designate this property light industry (LI), office, and R & D Flex. Since the draft Comprehensive Plan has not been adopted, the current urban density designation is still in effect. Neighborhood Model General comments on how well the proposed development meets the principles of the Neighborhood Model are provided here. More detailed comments may be provided at a later date if changes are made and /or after more detailed plans are provided. Pedestrian The application plan shows sidewalk on all streets and connections to Orientation Route 20 and Avinity I. This principle is met. Neighborhood While Pebble Drive and Avinity Loop are providing on street parking, Friendly Streets Road C is not. Parking should be provided on at least one side of the and Paths street for Road C, as well as any other roads that do not show up on the application plan (Block 4). This principle is not met. Interconnected The proposed streets connect to Avinity I and Route 20, as well as Streets and provide a future connection to TMP90 -35F. This principle is met. Transportation Networks Parks and Open The open space provided is not useful to future residents, as it Space contains stormwater management. While Avinity I does provide an amenity, it is not enough for all the residents in both Avinity I and Avinity 11. An amenity should be provided, and an amenity waiver will not be supported. The existing elementary school is not walkable due to terrain changes, and is not accessible throughout the year. This principle is not met. Neighborhood The proposed development does not include a non - residential use Centers and is not with 1/4 mile walking distance to any non - residential use. A non - residential use needs to be provided. This principle is not met. Buildings and The garages on the homes should be deemphasized by pulling them Spaces of Human back so they are not closer to the street than the front of the homes or Scale porches, this language should be added to the code of development. With the addition of language added to the code of development, this principle will be met. Relegated Parking Relegated parking is not being addressed with this plan. In order to mitigate this, provide a section in the code of development (COD) that addresses relegated parking. This can include a statement in the Code of Development that sets the garage back from the face or porch of each unit a certain number of feet (minimum of 3 feet is recommended). This principle is not met at this time. Mixture of Uses Only residential uses are proposed with this development. A mixture of uses should be provided, with a minimum of two different types. This principle is not met. Mixture of Housing Affordable housing is being proffered with this plan. This principle is Types and met. Affordability Redevelopment This development is located within the development areas and the density and uses proposed meet those recommendations as shown in the Comprehensive Plan. This principle is met. Site Planning that There is only one small area where there are critical slopes being Respects Terrain disturbed. Engineering has determined this to be exempt, since the disturbance is within the proposed street. This principle is met. Clear Boundaries This project is directly across from the rural areas. The development with the Rural needs to address the Architectural Review Board's concerns about Areas the appearance that the development has along Route 20. In the Code of Development, the townhouses are placed closest to Route 20 and the rural areas, a dense form of development directly across from the rural area. Adjustments should be made to provide a buffer between this development and the Rural Areas. This principle is not met. Additional Planning Comments Specific Street Requirements. 1. On street parking should be provided for Road C. 2. The location of the utilities and the street trees is problematic. Street trees are required, and based on the location of the utilities shown, will not be able to be planted in many locations. Reassess the street trees. Landscaping should not be an after - thought. Open Space. As stated above, an amenity need to be provided for Avinity II. The amount of residences With the number of residential units proposed in Avinity II and the existing number of residential units in Avinity I, it will be important that there are enough amenities for residents in both communities. It does not appear that enough amenities are located in Avinity I to cover the residents of both communities. The minimum ordinance requirements for open space and recreation must be met. Staff is concerned that the current recreational amenities in Avinity Phase I are limited and will not be sufficient to be shared with Phase II without additional amenities necessary to meet requirements. For example, there is no tot lot or similar amenity. The recreational amenities should be addressed with Avinity Phase 11. Application Plan and Code of Development. 1. As stated above, the road in Block 4 is not being shown on the application plan. All roads need to be shown. 2. The single family residue parcel should be defined on the plan and in the Code of Development. Action after Receipt of Comments After you have read this letter, please take one of the actions identified in the attachment "Action After Receipt of Comment Letter." 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, fees must be paid. The fees will be forthcoming, as we are waiting to hear back from the Daily Progress to determine the amounts. Feel free to contact me if you wish to meet or need additional information. My phone number is (434) 296 -5832, x. 3004, and my email address is: myaniglos @albemarle.org. Sincerely, Megan Yaniglos Senior Planner Planning Services Attachment A — Comments from VDOT, dated December 10, 2013 Attachment B — Comments from Fire and Rescue, dated December 2, 2013 Attachment C — Comments from Engineering, dated December 9, 2013 Attachment E- Comments from Architectural Review Board Staff, dated December 4, 2013 Attachment F- Comments from ACSA, dated December 19, 2013 Attachment G- Comments from Zoning, dated December 11, 2013 Attachment H- Comments from County Attorney DEPARTMENT OF COMMUNITY DEVELOPMENT CCU � � trrl I'_[41[0LF_1AV414.1"a12 go] Yd01LTAikriia011a4:1a14.1 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 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. 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 FOI OFFICE USE ONLY SP # or ZMA # Fee Amount $ Date Paid By who? Receipt # Ck# By: Resubmittal of information for Special Use Permit or �m Zoning Map Amendment PROJECT NUMBER: ZMA2013 -016 PROJECT NAME: Avinity II ❑ Resubmittal Fee is Required ❑ Per Request Resubmittal Fee is Not Required Community Development Project Coordinator Signature Date Name of Applicant Signature FEES Phone Number Date Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000 First resubmission FREE ❑ Each additional resubmission $500 Jl+fQ4 ?, � z. ! •r$;�'.t is � .1° .z4� � l � F � ? � t ....1 �.. �� ± r s� t,.._i k,"- A. �n �` 6',t�n. �4 a Resubmittal fees for original Special Use Permit fee of $2,000 ❑ First resubmission FREE ❑ Each additional resubmission $1,000 C Resubmittal fees for original Zoning Map Amendment fee of $2,500 • First resubmission FREE • Each additional resubmission $1,250 r it d i t= IYt A Resubmittal fees for original Zoning Map Amendment fee of $3,500 ❑ First resubmission FREE ❑ Each additional resubmission $1,750 t yy P�: !7 7. YIC V � i, r }} 1 S.Y'it 4SC�SMY't iv ?{)�i. �' 1k1 ❑:,.:Deferral of scheduled public hearing at applicant's request — Add'1 notice fees will be required $180 To be paid 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 CAECKfi TO'COTINTV OF ALREM ART ,F./PAYMENT AT COMMUNITY DEVELOPMENT COUNTER Preparing and mailing or delivering up. to .fifty (50) notices $200 + actual cost of first -class postage .:Preparing and mailing or delivering each notice after fifty (50) $1.00 for each additional notice + actual cost of first -class postage Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (minimum -of —$280 for - total- of- 4publications) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 6/7/2011 Page 1 of 1 ire- t; t a COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, Virginia 22701 -3819 Gregory A. Whirley Commissioner of Highways December 10, 2013 Ms. Megan Yaniglos Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: ZMA- 2013 -00016 Avinity II Dear Ms. Yaniglos: We have reviewed the Zoning Application Plan Amendment for Avinity II dated 9116113 as submitted by Collins Engineering and offer the following comments: 1. The access management spacing between Pebble Drive and Kappa Sigma needs to be addressed. Relocating the fraternity entrance to either Pebble Drive or Avinity Loop should be considered. 2. The available intersection sight distance for Pebble Drive needs to be provided and verified. 3. Right -of -way should be dedicated from parcels 91 -16A and 91 -16B to compensate for the existing right -of -way being used to widen Route 20. 4. On Sheet 5, there is a note indicating that a 18" CMP under Route 20 is to be replaced. The condition of this pipe should be investigated to determine if the pipe can be extended or whether it needs to be replaced. This can be dealt with during the construction plan review. 5. It appears that on Sheet 4 that curb and gutter will be installed along the widened Route 20 between Pebble Drive and the entrance to Kappa Sigma. However, Sheets 3 and 5 appear to indicate that curb and gutter will not be used. This should be clarified and the road drainage should be considered. If additional information is needed concerning this project, please feel free to contact me. Sincerely, �� Troy ustin, P.E. Area Land Use Engineer Culpeper District VirginiaDOT.org WE KEEP VIRGINIA MOVING Review Comments Project Name: Avinity II Date Completed: Monday, December 02, 2013 Reviewer: Robbie Gilmer Department /Division /Agency: Fire Rescue Reviews Based on plans dated 9/16/13 Fire Rescue has no objections to the rezoning. Here are a few things to keep in mind as the projects moves forward. 1. Required fire flow for single famliy homes less then 3600 sq ft is 1000 gpm @ 20 psi. 2. Hydrant spacing shall be 500 ft per travel way. 3. Streets less then 36 ft FC /FC shall be marked No Parking on one side. Review Status: See Recommendations *—&A County of Albemarle Department of Community Development Memorandum To: Megan Yaniglos, Senior Planner From: Glenn Brooks, County Engineer Date: 9 Dec 2013 Subject: Avinity 2 (zma201300016) The zoning map amendment for Avinity Phase 2 has been reviewed. The following comments and recommendatiosn are provided for your use; 1. Stormwater management should meet the new state regulations passed last year. The county ordinance is being updated, with public hearings scheduled in the next two months. The new regulations will be in effect before a site plan is approved for this development. 2. As identified by VDOT, the spacing of the entrance which places the Kappa Sig. entrance in the turn lane is problematic. 3. It appears that public roads could be provided through the first loop from Rt. 20 and to the interconnection. These roads appear to meet VDOT standard dimensions anyway, and this may avoid the possibility of a spite strip. 4. The traffic impacts should be studied. The impacts to the phase 1 loop may be significant if the phase 1 roads were not designed for additional traffic. The signal and turning warrants, as well as queuing on both Avon Street and Rt. 20 should be investigated. 5. The steep grades adjacent to the proposed Pebble Drive on the south side of the site show extensive work on TM91 -16B. This owner should be part of the application or provide easements prior to the application going forward. 6. A critical slopes waiver does not appear necessary. The critical slopes shown being disturbed near phase 1 are all part of access and utilities necessary for the two developments. The small portion shown near Rt. 20 on the applicant's plan is not shown on the county topography. It is not of consequence, and will be necessarily disturbed for the construction of the proposed Pebble Drive. 7. It is recommended that road widths not be specified on the zoning plan, as these will have to meet VDOT and County minimums. The plan should specify where parking is to be prohibited, as this will allow narrower streets. 8. The Code indicates that alleys and green space as frontage may appear on final plans. This does not appear feasible given the layout of roads and narrow blocks in the zoning plan. Green space as frontage is not recommended. Alleys serving as the primary means of access are not recommended. file: El_zma_GEB_Avinity1doc pF AL �J�ctr�tA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 IU I Old to] .7p0111jU TO: Megan Yaniglos FROM: Margaret Maliszewski RE: SP- 2013 -16: Avinity II DATE: December 4, 2013 Fax (434) 972 -4126 I have reviewed the plan dated 9/16/13 for the above referenced application and I have the following comments: Parcel 16A is a contributing resource in the Southern Albemarle Rural Historic District. It is recommended that the applicant document the main house and its associated structures prior to development. Documentation should include: Labeled photographs showing all sides of each structure, labeled photographs showing the overall context of the site, a sketch floor plan of the main house, and a sketch plan of the site identifying photo locations. The documentation should be submitted to the County of Albemarle Department of Community Development prior to requesting a demolition permit for any of the structures. The appearance of the proposed development along the Rt. 20 frontage of parcel 16A is a concern. Existing and proposed utilities along the frontage (overhead electric, water and sewer lines) and the proximity of the proposed storm water facility to the Rt. 20 right -of -way suggest that landscaping meeting Entrance Corridor standards can't be achieved with the layout shown. It is recommended that the layout be revised and the plan and/or code address this issue in greater detail to show how the landscaping requirements will be met. The appearance of the grading on the south side of Pebble Drive is a concern. A less engineered, more natural, appearance would be more appropriate. Show that street trees can be planted along the street. Trees on the east side of Block 3 would help integrate the development into the landscape. ALBEMARLE COUNTY COMMUNITY DEVELOPMENT — Information from Service Providers To be filled out by ACSA for ZMA's and SP's ZMA201300016: Avinity II 1. Site is in jurisdictional area for Water and Sewer. 2. Distance to the closest water line if in the development area is 0 feet (12" water main located on site). Water pressure is with gallons per minute at psi. 3. Distance to the closest sewer line if in the development area is 0 feet (10" sanitary sewer line located on site). 4. Capacity issues for sewer that may affect this proposal: The ACSA is reviewing downstream capacity based on maximum build -out. 5. Requires Rivanna Water and Sewer Authority capacity certification _Yes ✓ No 6. Water flow or pressure issues that may affect this proposal 7. Red flags" regarding service provision (Use attachments if necessary) • The ACSA requires the submission of water and sewer construction plans for review and approval. • The construction plans should address the utility reconfiguration in Block 5 required for townhomes. • Dedication of the remaining Kappa Sigma infrastructure is required prior to the sanitary sewer connection to the 8" sewer line (The ACSA is working on dedication documents). • The ACSA is reviewing the downstream sanitary sewer capacity based on total build out (145 units). �YpF ALp�, f i lk� County of Albemarle Department of Community Development Memorandum To: Megan Yaniglos, Senior Planner From: Rebecca Ragsdale, Senior Planner (Zoning) Date: December 11, 2013 Subject: Avinity Phase II ZMA 2013 -16, Application Plan, Code of Development, and Proffers dated September 16, 2013 Modification / Variation to Avinity Phase I: This rezoning proposes to incorporate a portion of Avinity I, currently zoned PRD. The PRD zoning district requires 25% open space and Avinity I was approved with 27% open space (see attached exhibit). Please provide an updated open space calculation and exhibit for Avinity I that demonstrates the requirements of Section 19.6.1 are still met in Avinity I. NMD application plan inadequate In General, a number of required items were not provided on the application plan set, including those highlighted below. -The Avinity I Application Plan provides a good example and starting point for the level of detail and information needed for a planned district rezoning. These items along with any additional identified for review by Planning must be provided. Application plan for zoning map amendments for planned development districts. For an application to establish a planned development district or to amend an approved application plan for an existing planned development district, an application plan showing, as applicable: (i) the street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project; (ii) typical cross - sections to show proportions, scale and streetscape /cross - sections /circulation; (iii) the general location of pedestrian and bicycle facilities; (iv) building envelopes; (v) parking envelopes; (vi) public spaces and amenities; (vii) areas to be designated as conservation and/or preservation areas; (viii) conceptual stormwater detention facility locations; (ix) conceptual grading; (x) a use table delineating use types, the number of dwelling units, non- residential square footage, building stories and/or heights, build -to lines, setbacks and yards, and other features; (xi) topography, using the county's geographic information system or better topographical information, and the source of the topographical information, supplemented where necessary by spot elevations and areas of the site where there are existing critical slopes; (xii) the general layout for water and sewer systems; (xiii) the location of central features or major elements within the project essential to the design of the project, such as major employment areas, parking areas and structures, civic areas, parks, open space, green spaces, amenities and recreation areas; (xiv) standards of development including proposed yards, open space characteristics, and any landscape or architectural characteristics related to scale, proportions, and massing at the edge of the district; (xv) a conceptual lot layout; and (xvi) if the application is to establish a neighborhood model district, the location of proposed green spaces and amenities as provided in section 20A.9 Specific items that need to be revised on the Application Plan include: Sheet 1 notes - Remove Pedestrian Design note and the two other notes below it. Include just one note that references the Code of Development. Notes 1 -3 on sheets 3 and 4 of the Application Plan should be removed -They are not necessary as a planned development district, Section 8 of the ordinance already provides for minor changes to approved plans or codes of development: The director of planning is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor changes to yard requirements, build -to lines or ranges, maximum structure heights and minimum lot sizes; 2. Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4. Minor changes to landscape or architectural standards; 5. Minor changes to street design and street location, subject to a recommendation for approval by the county engineer; and 6. Minor changes to the design and location of stormwater management facilities, minor land disturbance including disturbance within conservation areas, and mitigation, all subject to a recommendation for approval by the county engineer. Cross sections for proposed alley should be provided. Unless shown on the Application Plan, alleys and future street changes will be subject to Section 8(5) above. Streets sections should be clear on whether they will have on- street parking or not. The Conceptual Plan Avinity II dated 9.16.13 in the Code of Development should be added to the Application Plan sheet and provide the required contents indicated above. Update "Open Space" to "Green Space" on Application Plan The Single Family Residue parcel should be defined on the plan and in the Code. Code of Development A description and major elements /characteristics of each block and greenspace area should be provided in the Code of Development. Page 13 -The note regarding adjustments to block areas should be revised to allow more reasonable adjustments, like 15% (consistent with Cascadia), or be eliminated. Section 8 (above) allows for minor adjustments already so this provision may not be necessary. Acreage and resulting density in the tables on page 13 are net densities, not including green space areas A, B, and C. Provide the gross residential density as required by Section 20A.7. Uses must be listed as they appear in ordinance Section 20A.6(a). Also the applicant may want to consider whether some of the uses listed below should be added to the list of uses allowed (tourist lodging, family day home, etc.) The Code of development should define what is meant by the "Single family residue parcel" The dwelling unit types of "carriage house" and "cottage" are not defined in the Zoning Ordinance. In order to allow then in Avinity II, the Code of Development must define the unit types. Homes for developmentally disabled aka Group Homes must be allowed anywhere SFD homes are allowed so this use needs to be added. Home occupation, Class B is usually permitted by special use permit. What does "Development shall occur in a minimum of one phase" mean? Page 16- Minimum and Maximum lot sides should be organized into a table for ease of administering and provided for each unit type. The note on the Build -to and Setbacks table are very similar to Section 4.11 of the ordinance but not exactly. The reference to 4.11.1 should be added and no encroachments will be permitted into the side yard setbacks. (Also refer to Section 4.11.3) 4.11.1 COVERED PORCHES, BALCONIES, CHIMNEYS AND LIKE FEATURES Covered porches, balconies, chimneys, eaves and like architectural features may project not more than four (4) feet into any required yard; provided that no such feature shall be located closer than six (6) feet to any lot line. (Amended 9 -9 -92) The building height note is unnecessary as the zoning ordinance already provides for how height is measured: Building, Height of: The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof if a flat roof, to the deck line of a mansard roof, or the mean height level between the eaves and ridge of a gable, hip or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building. The table at the bottom of page 15 allows up to 60' buildings but the note limits buildings to 4 stories. These notes should be reconciled. A modification to 20A.8(b) Mixture of uses is needed or additional uses as specified in the ordinance must be added to the code of development: b. Each district shall have at least two different general use classifications (i.e., residential, commercial, industrial, institutional, parks or recreational facilities open to the public); provided that this requirement may be waived by the board of supervisors if a different use is already present within one - quarter mile of the proposed district and accomplishes the mixture of uses within the neighborhood sought to be achieved by this section to an equivalent degree. c. The mixture of uses shall be based upon the uses recommended in the land use element of the comprehensive plan. The required mixture of uses may be obtained with different uses in different buildings or a mixture of uses within the same building. Parking information provided is insufficient (refer to parking information provided with Avinity I as an example. 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 Page 14-" Open Space buffer -Area C' minimum requirements should be established. Amenities and Greenspace areas -The plan is not providing amenities as required and a waiver must be submitted and processed for Section 20A and 4.16. 4. The minimum area devoted to amenities may be reduced by the board of supervisors at the request of the applicant. In acting on a request, the board shall consider these factors: the relationship of the site to adjoining or nearby properties containing amenities; the proportion of residential uses to nonresidential uses proposed; the known future uses of the adjoining properties; and whether a reduction would better achieve the neighborhood model goals of the comprehensive plan. c. Additional requirements for amenities. Amenities shall also be subject to the following: 1. At least ninety percent (90 %) of the residential units in the NMD shall be within a one - quarter mile walk of an amenity. 2. The size, location, shape, slope and condition of the land shall be suitable for the proposed amenity. 3. The amenity shall be suitable for the specific population to be served. 4. The design of any recreational facilities shall meet the minimum design requirements from recognized sources of engineering and recreational standards. 5. In nonresidential areas of the development, amenities shall be located so that they are easily accessible to patrons and employees of the development. Although not the same zoning for each development, an overall calculation and green space exhibit should be provided if waivers are sought to provide for Avinity II amenities with facilities in Avinity I. Update "Open Space" to "Green Space" in Code of Development Page 18 and 19- Should be updated to use current Critical Slopes regulations as the zoning text amendment is not yet approved. Pages 19 -20- Architectural Review Board recommendations and standards for landscaping,etc. on Route 20 will need to be added to the Code of Development. Code of development should be updated to reflect the Historic Resources comments. 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. Proffers - The reference to the code of development and application plan in the first paragraph of the proffer statement is not needed and should be removed. Proffer 2- Ron White should review and comment on this proffer. Recommendations of VDOT and proposed Route 20 improvements are an appropriate proffer for the developer to offer (Sheet 5 of the Application Plan). Private Street Requests- Private streets must be approved in accordance with the ordinance. Supporting documentation for Pebble Drive needed is needed to confirm that there are no issues with other users (including 09000- 00- 00- 035F0) will be affected and whether they are agreeable to these changes or not. "S t z v l SC Original Proffers X Amendment September 16, 2013 ' PROFFER STATEMENT ZMA No. 2013- Avinity B ,Sr ^ Tax Map and Parcel Number(s): 09100.00-00- 016A0, 09100- 00- 00- 016CO3 09100- 00- 00- 016r0, & portion of 09100 -00- 00-01400 Owner(s) of Record: Hughes, Wallace B & Ida Marie; Moss Acquisitions, LLC; and Avon Properties, LLC Date of Proffer Signature: Septembap. 30ii^ 13.453 acres to be rezoned from R -1 & PRD to NMD O 6e,wse- H¢ghes, Wallace B &Ida Marie; Moae Acquisitions, LLC; and Avon Properties, LC, are the respective 3 �a� owners (collectively, the "Owner") of Tax Map and Parcel Number 09100.00.00 -016 ;09100 -00-00 -0160 q 09100.00- 00-016FA, and portion of 09100-00.0D-01400 (the "Rop�[y+D which is the subject of the rezoning �y -re}Sr application ZMA No. ZMA 2013 - a project known as "Avinity B" (the "Projed'), which includes application plan and Code of Development prep gineering entitled "Mmity 11 Rezoning ownex5 Application Plan' and with latest revision date o eptermber 16, 2013 the "Application Plan'). •'TC,S�xLttve .s+VVkCorr," -? is bbndeu 6cjk -r Pursuant to Section 33r0"`of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the S i` * 01 jv5 r conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified RO $3 o above. These conditions are proffered as a part of the proposed rezoning, and the Owner aclmowledges that the B nPii 33. _ conditionsareressonable. ��,,,,,,���rd 1. Cash Proffer for C¢nimllmnroveme ¢ rsProiects. '1%Jryf SM The Owner shall contribute cash on a per "market- rate" dwelling unit basis r the purposes of addressing the fiscal impacts of development on the County's public facilities and cture, i.e, schools, public safety, libraries, parks and transportation. A "market rate° unit is any unit in subdis¢sioa -that is not considered mm Affordable Unit as described in Proffer 2. 1be cash contnbutions all be Twenty Thousand, Four Hundred Sixty end 57/100 Do]]ars ($20,460.57) cash for each single family d hod dwelling unit, other than a constructed affordable dwelling unit within the Project qu lifying as such der Proffer 2. oath Therefo ,the cash contributions for the "market rate" single family units shall begin after th arket ram ' is constructed. The - cingle- fauily ^^ 24'err - °s ^�• ` -� • •`- the3}aeteee a cash contributions shall be Thirteen Thousand Nine hundred thirteen and I8 11 Dollars ($13 13.18) for each single family attached or townhouse dwelling unit, other than a co cted affo le dwel' g unit within the Project qualifying as such under Proffer 2. If The cash con buticn shall b paid at th time of the issuance of the building permit for each new unit, unless the tuning of a payment is o erwise wed by state law. 2. Affordable Housinff. 'h+ ;Jn4� a IFt+ wey1,Y9 The Owner shall provide affordable housing equal to fifteen percent (15% of the total residential units constructed on the property as provided under Proffer 2a or 2b: TMs 5entenec co<IPCt5 with dw 50 - CcJled riqht�ccr4t- and Pap Iof4 i r, late-6 {t e- 2xrdi Ir b�tand the n mess o f the number of `YS thatct �.11cwed b5 by r( ht rwWw-r sFi7nt bO � Urtits ctvkj CID{Stnrt 12-SFD ar&,fc>r �t hr onderttic 3oni 5 In eXam�k IZ .t +1•�`�t,�ilho7x5 b re Fbe lush e�c�a +ente.at{i,,e,it�mre�BFti>vs1 a Cash Proffer. In lieu of constructing affords a dwelling units C` ordable Units ") for fifteen percent (15 %) of the total number of Units, the Owner as the option to a cash contribution to Albemarle jhp�. County for the affordable housing program in the am t of Twenty-One ousand One Hundred Twenty -Five fib' and 00 /100 Dollars ($21,125.00) (the "Affordable sing Cash Proffer" for each such unit as follows: then Owner shall pay the Affordable Housing Cash Pro to the County, in (10) equal increments based on the total number of development units as determined wrthAhe final site plarl. The Owner's total cash contribution SNSt9a Albemarle County in lieu of constructing affordabl1y�u�nits will be between Dollars (for the 15% affordabf,� dwelling units constructed) and 125.00 (for�aavbrdable housing units constructed) based on the total number of affordable units constructed within de Property for the purposes. The total cash contribution due M� Albemarle County at each of the ten payment periods as noted above shall be based on the total number of (�"? affordable units built at that point in time. ' b. For -Sale Units. The Owner maintains the right to construct all or a portion of the 15% affordable suits. The Owner shall convey the responsibility of initially constructing and selling the affordable units to say subsequent owner or developer of the Property (or any portion thereto, gad such subsequent owner(s) and/or developer(s) shall succeed to the duties of the Owner under this Proffer and the term "Owner" shalt refer to such subsequent owner(s) and/or developer(s), as applicable. (1) Affordability; Credit Thresholds. For the purposes of this Proffer #b), "affordable housing" shall mean units affordable to households with incomes less than eighty percent (80 %) of the area median income (as determined from time to time by the Albemarle County Office of Housing) such that housing costs consisting of principal, interest, real estate taxes and homeowners insurance (PITT) do not exceed thirty percent (30 %) of the gross household income; provided, however, that in no event shall the selling price for such affordable units be more then sixty-five percent (65 %) of the applicable Virginia Housing Development Authority (VEDA) maximum sales prlce/lom limit for first -time homebuyer programs at the begiming of the 180 -day period referenced in Proffer 34' hereof (the "VHDALimit'7. 2- (2) Sale of Affordable Units. All purchasers of the for-sale affordable units shall be approved by the Albemarle County Housing Office or its designee (the "Housing Office'). At the proposed time of construction of any affordable unit, the Owner shall provide the Housing Office a period of one hundred eighty (180) days to identify and approve an eligible purchaser for such affordable unit. The 180day qualification period shall commence upon written notice from the Owner to the Housing Office of the approximate date the unit is expected to receive a certificate of occupancy from the County (the "Notice'7. Such Notice shall be given no more than ninety (90) days prior to the expected issuance of the certificate of occupancy, and the 180day approval period shall extend nq,less than ninety (90) days after the issuance of the certificate of occupancy. Nothing in this Proff',"•LC% )(2) shall prohibit the Housing Office from providing the Owner with information on income eligibility sufficient for the Owner to identify eligible purchasers of affordable units for approval by the Housing Office. If, during the 180 -day qualification period, (i) the Housing Office fails to approve a qualified purchaser, or (u) a qualified purchaser fails to execute a purchase contract for an affordable unit, then, in either case, the Owner shall have the right to sell the unit without any restriction on sales price or income of the purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer /(b). This Proffer ,_rK(b) shall apply only to the fast sale of each ofthe for -sale affordable units. Z (3) Tracking. Each subdivision plat and site plan for land within the Property shall designate the lots or units, as applicable, that will, subject to the terms and conditions of this proffer, incorporate affordable units as described herein, and the aggregate number of such lots or units designated for affordable units within each subdivision plat and site plan shall constitute a minimum of fifteen percent Page 2 of 4 3. Cost Index. Beginning Ianuary 1, 201; the amount of each cash contribution required by proffers 1 and 2 shall be adjusted annually until paid, to reflect any increase or decrease for the proceeding calendar year in the Marshall and Swift Building Cost Index ("MSI"). The annual adjustment shall be made by multiplying the proffered cash contribution amount due for the preceding year by a fraction, the numerator of which shall he the MSI as of December I in the preceding calendar year, the denominator of which shall be the MSI as of December 1 in the year preceding the calendar year most recently en (the "Am Percentage Change "). By way of example, the first annual adjustment shall be $20,460.57 x 201 MS11201VMSI. Each annual adjustment shall be based on the amount of the prered cash contributiom due for the immediately preceding year based on the formula contained in this Proffer (the amount derived from such formula shall be referred to hereinafter as the "Cash Contribution Due's, provided, however, in no event shall the cash contribution mount paid by the Owner be less than $20,460.57 per single family detached dwelling unit and $13,913.18 per single family attached m Townhouse dwelling unit under Proffer 1 or 521, 125.00 per affordable dwelling unit under Proffer 2 (the "Minimum Cash Contribution'. The Annual Percentage Change shall be calculated each year using the Cash Contribution Due, even though it may be less than the Minimum Cash Contribution, HOWEVER, the amount paid by the Owner shall not be less than the Minimum Cash Contribution. For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year. This Proffer Statement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. WITNESS the followin g gneturo: si ? s KID Moss Acquisitions, LLC, a Virginia limited liability company 0 Also R. Taylor, Manager Hughes, Wallace B & Ida Marie By: Avon Properties, LLC, a Virginia limited liability company By. Alas R. Taylor, Manager Page 3 of 51G (>cstUlz IO �OGI� fDr eL�k S i51'�FD�`�