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Home My WebLink AboutZMA201200003 Action letter 2013-11-26� pg AL U ulu K71- �'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 November 22, 2013 Justin Shimp, P.E. 201 E. Main St., Suite M Charlottesville, Va., 22902 RE: ZMA201200003 Out of Bounds Dear Mr. Shimp: The Albemarle County Board of Supervisors, at its meeting on November 13, 2013, by a vote of 6:0 approved the applicants request for deferral of the above -noted petition to the December 11, 2013 Board of Supervisors meeting. If you have any questions, please do not hesitate to contact me. Megan Yaniglos Senior Planner Planning Division cc: Sielewicz, Joyce W Trustee; Joyce W Sielewicz Rev Trust P O Box 572, Newport, NH. 03773 -0572 aL ti X 1!- � �IRGINZ�FJ 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 25, 2013 Justin Shimp, P.E. 201 E. Main St., Suite M Charlottesville, Va. 22902 RE: ZMA201200003 Out of Bounds Dear Mr. Shimp: The Albemarle County Board of Supervisors, at its meeting on October 9, 2013, by a vote of 6:0, deferred the above -noted petition to the November 13, 2013 Board of Supervisors meeting. The Albemarle County Board of Supervisors meeting begins at 6:00 p.m. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS. If you have any questions, please do not hesitate to contact me. Sincerely, David Benish Chief of Planning Planning Division cc: Sielewicz, Joyce W Trustee; Joyce W Sielewicz Rev Trust P O Box 572 Newport, NH. 03773 -0572 �� OF ALg IRGINZ� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 August 9, 2013 Justin Shimp, P.E. 201 E. Main St., Suite M Charlottesville, Va. 22902 RE: ZMA201200003 Out of Bounds Dear Mr. Shimp: The Albemarle County Planning Commission, at its meeting on July 30, 2013, recommended approval of the above -noted petitions to the Board of Supervisors. The Planning Commission took the following five actions. 1. Zoning Mau Amendment: RECOMMEND APROVAL OF ZMA- 2012 - 00003, by a vote of 7:0, with the changes stated as unfavorable factors as recommended by staff. Factors Unfavorable: 1. The proffers are in need of technical revisions and clarity as to when the affordable housing would be built. 2. Off- site drainage analysis has not been provided. 3. Affordable housing proffer to be clarified as to the timing of the building of the units, and ensuring that the units will be built. 4. Relocate the playground to be located away from the Canterbury Hills neighborhood, possibly swap the gardens and the playground. 5. Meet with all the neighbors along Smithfield Road and Smithfield Court concerning drainage. Remediate any drainage issues. 2. Critical Slopes Modification: RECOMMEND APROVAL, OF THE SPECIAL EXCEPTION FOR CRITICAL SLOPE MODIFICATION, by a vote of 7:0, as recommended by staff. 3. Private Street Requests: APPROVAL of the private streets as recommended by staff and stated in the staff report subject to final approval of ZMA- 2012 -00003 Out of Bounds. 4. Sidewalk and Planting Strips: APPROVAL of the sidewalk and planting strip modification with conditions for ZMA 2012 - 00003, Out of Bounds as recommended by staff and stated in the staff report. CONDITIONS: 1. Street trees shall be provided on both sides of the street in accordance with Chapter 18 Section 32 of the Zoning Ordinance for Bennington Road Extended, Georgetown Road Extended, and Road 'A'. 5. Curb and Gutter Modifications: DENIAL of the curb and gutter modifications, by a vote of 7:0, for the reasons stated by staff. ANALYSIS OF SECTION 14 -410 (I) Waivers for curb and gutter: The applicant has request that this waiver be granted for Road `B' only (Attachment F). Per Section 14- 410 (I)(2) in reviewing a request to waive the requirement for curb and gutter, the commission shall consider whether: (ordinance language presented in italics below) (i) the number of lots in the subdivision and the types of lots to be served; There are 26 townhouse lots being served by this road. (ii) the length of the street; The road is approximately 330 feet long. (iii) whether the proposed street(s) or street extension connects into an existing system of streets constructed to a rural cross - section; Road `B' will be connected to Georgetown Road Extended, a proposed public street with curb and gutter. (iv) the proximity of the subdivision and the street to the boundaries of the development and rural areas; Road `B' is adjacent to other development area boundaries. However, the adjacent neighborhood, Canterbury Hills, does have rural section roads without curb and gutter. (v) whether the street terminates in the neighborhood or at the edge of the development area or is otherwise expected to provide interconnections to abutting lands; Road `B' will terminate within the neighborhood and will not be connected to abutting property. (vi) whether a rural cross - section in the development areas furthers the goals of the comprehensive plan, with particular emphasis on the neighborhood model and the applicable neighborhood master plan; A rural cross- section would not further the goals of the comprehensive plan or the neighborhood model. (vii) whether the use of a rural crosssection would enable a different principle of the neighborhood model to be more fully implemented; and The use of a rural cross section for Road `B' will not enable a different principle of the neighborhood model to be more fully implemented. (viii) whether the proposed density of the subdivision is consistent with the density recommended in the land use plan section of the comprehensive plan. The proposed density is consistent with the density recommended in the comprehensive plan. In approving a waiver, the commission shall find that requiring curb or curb and gutter would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto. While Road `B' is functioning like an alley, Engineering Staff has recommended that this road have curb and gutter. This area is considered to be the low point of the site. It appears that an inverted crown may be proposed if curb and gutter is waived, however Engineering has found it does not work well in subdivision and is difficult to construct. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 9, 2013. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296 -5832. Sincerely, Megan Yaniglos Senior Planner Planning Division cc: Sielewicz, Joyce W Trustee ; Joyce W Sielewicz Rev Trust P O Box 572 Newport, NH. 03773 -0572