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HomeMy WebLinkAboutSDP201000021 Request of Modification, Variance, Waiver 2010-08-23• COUNT' OF ALBEMARLE Department of Community Development 401 McIntire Road, Room.227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 September 14, 2010 Mr. Richard Spurzem P.O. Drawer R Charlottesville, VA 22903 RE: ZMA 00 -09 North Pointe Variation Request dated July 30, 2010 Dear Mr. Spurzem: County staff received the variation request referenced above. to reduce the median width for the Northwest Passage Road section NWP3 in order to increase the tree lawn width to 8 feet and maintain the square right -of -way width to meet VDOT clear zone requirements. The variation request is in Attachment A. The Director of Planning has authorized the variation to modify the cross - section, as shown in Attachment B to allow for a wider planting strip that also allows for street trees at least 5 feet off the back of the curb. The Director of Planning has granted the variation because: 1) The variations are consistent with the goals and objectives of the comprehensive .plan. The proposed variation supports the Neighborhood Model in providing for a pedestrian orientation and neighborhood friendly streets and paths. 2) The variation does not increase the approved development density or intensity of development. The density of the North Pointe development is unchanged with this variation to the street. .3) The'variations do not adversely affect the timing and phasing of development of any other development in the zoning district. The variations will not adversely affect the timing and phasing of development or any other development in the zoning district. 4) The variations do not require a special use permit.The variations do not require a special use permit. 5) The variations are in general accord with the purpose and intent of the approved rezoning application. The variation allows the street to meet the intent of the zoning and meet VDOT standards. Please-feel free to contact me if you have questions or need additional information. Sincerely, Elaine K. Echols, AICP Principal Planner Attachment A: Variation Request dated July 30, 2010 Attachment B: Cross - section last Updated 7 -16 -10 c: Philip Custer, Current Development Stewart Wright, Zoning 2 AL�b$ �'IRGINZP COUNTY OF ALBENL RLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia .22902 -4596 Phone (434):296-5832 Fax (434) 972 -4126 August23,2010 Herbert F. White, III, P.E. 3040 Avemore Square Place Charlottesville, VA.22911 RE: SDP 2010 -21 North Pointe Northwest Residential Area WWA# 206095.080 Dear Mr. White, I have reviewed your request for a modification of Chapter 18, Section 4.12.15C of the Code of Albemarle. Specifically, the request is to permit slope in excess of 5% for some driveways parking spaces, bay parking spaces and travelways adjacent to parking. The Zoning Administrator is authorized by Chapter 18, Section 4.1.2.2 to grant a modification of the slope requirements. I am authorized to act on behalf of the Zoning Administrator. After evaluation of this request as required by the ordinance, it is my opinion that granting the modification would equally or better serve the.public health, safety or welfare. This opinion was reached after reviewing the plans approved for this development during the rezoning and discussing the intent of the rezoning with those involved. Granting this waiver facilitates some of the features included in the rezoning and the slopes are not so steep as to present a safety concern. If you have any questions please feel free to contact me. Sincerely, William D. Fritz, AICP Chief of Current Development I ArrAG11R ENGINEERS Illl�li� SURVEYORS PLANNERS ASSOCIATES . July 27, 2010 Ms. Elaine Echols, Principal Planner Department of Community Development 401 McIntire Road, North Wing Charlottesville, VA 22902 RE: North Pointe ZMA- 2000 - 00009 /SDP- 2002 -00072 North Pointe Northwest Residential Area — Final Site Plan SDP- 2010 -00021 WWA # 206095.08C Dear Ms. Echols: This variation is required to address the VDOT reviewers comment with respect to clear zone associated with roadway cross section NWP3 of the above referenced zoning documents. The VDOT review of SDP - 2010 -00021 final site plan generated comment number 8 as contained in an electronic communication from Mr. Joel De Nunzio of VDOT to Mr. Gerald Gatobu dated April 7, 2010. A copy of this communication is enclosed. Mr. Phillip Custer of Community Development generated a solution as contained in his electronic communication dated May 12, 2010. A copy of this communication is enclosed as well. WW Associates, Inc. has opted to incorporate the cross section design suggested by Mr. Custer. This cross section is depicted on sheet 39 of 49 of the SDP - 2010 -00021 plan (2nd submission) which contains revision 1 dated 7/16/10 of which a copy is enclosed. Also, please find enclosed this same sheet as contained in the first submission of the SDP - 2010 -00021 plan. This sheet is dated 3/03/10 and contains no revision date. I have enclosed sheet D l of the Application Plan associated with the rezoning documents.- for your use. This sheet contains latest revised date of June 13, 2006 and contains Northwest Passage roadway cross section detail NWP3. Please be advised that the road:: name has been changed to Lewis and Clark Drive. 3040 Avemore Square Place • Charlottesville, Virginia 22911 Telephone (434) 984 -2700 • Fax (434) 978 71444 Lynchburg • Charlottesville We trust that you will find that the revised roadway cross section as proposed with the second submission of SDP - 2010 -00021 is in conformance with that shown on the rezoning documents and that this variation may be approved. If you have any questions, please contact me directly. Sincerely, W /W Associates, Inc. A "� Herbert F. White, III, P.E. President 3040 Avemore Square Place • Charlottesville, Virginia 22911 Telephone (434) 984 -2700 • Fax (434) 978 -1444 Lynchburg • Charlottesville Page 1 of 1 ` D � From: Philip Custer [pcuster @albemarle.org] Sent: Wednesday, May 12, 2010 1:46 PM To: dmarch @wwassociates.net; richard @neighborhoodprops.com Cc: Gerald Gatobu; Elaine Echols; joel.denunzio @vdot.virginia.gov; Mark Graham Subject: Northwest Passage/Lewis and Clark Drive (East) Cross Section Doug, After further discussions between the County and VDOT, we have discovered a solution to the cross - section issue highlighted in comment C.3 in my April 16th letter. As you may recall, the problem was Northwest Passage's road classification and the lateral offset and clear zone requirements in relation to the proposed street trees. VDOT will grant a waiver of the lateral offset requirement if a 10ft clear zone is maintained from the edge of travelway. This can be achieved by providing a wider planting strip (at least 8ft) and placing the street trees at least 5ft off the back of curb. The extra 2ft of planting strip can be taken from the median, thus reducing it to 8ft. If a left turn lane is warranted at any of the entrances, the ROW will need to be widened as necessary to accommodate the extra 4ft of pavement. Because the approved rezoning plan was relatively detailed regarding the road cross sections, a variation will be required. Please contact Elaine Echols in the Planning Division to process this variation request. Please contact me if you have any questions regarding the information above. Thanks, Phil 296 -5832 x3072 file: //K: \206095 North Pointe Townhomes \206095.08 Final Design \206095.08 C Final Site... 5/18/2010 �I.'. 'Wwo = COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 April 22, 2009 Richard Spurzem Neighborhood Investments- NP,LCC PO Drawer R Charlottesville, VA 22903 Re: Variation request dated March 9, 2009 accompanying SDP - 2008 -00041 North Pointe Preliminary Site Plan dated March 10, 2009 for North Pointe Northwest Residential Area Dear Mr. Spurzem: Thank you for your submittal of the variation request, pages 1 — 3 attached. You have requested three variations with the submitted preliminary site plan: To change the general location, number, design, layout and orientation of buildings and parking areas such that residential units are oriented parallel to Northwest Passage. To replace a section of Northwest Passage which had sidewalks and street trees on only one side of the street with sidewalks and street'trees on both sides of the street. To have buildings and parking between Northwest Passage and Stormwater Management (SWM) Facility #10. The first variation, to change the general location, number, design and orientation of buildings parallel to Northwest Passage, is approved as shown on the preliminary site plan. This approval is conditioned on planting strips being provided with street trees between the back of the curb and the sidewalk as indicated in the second variation approved below. This street section must be provided on both sides of Northwest Passage across your property where residential units abut the street. A corresponding variation, to have sidewalks and street trees on both sides of the street, is also approved. The analysis which I used for these two variations, which are approved as part of the preliminary site plan review, follows: Section 8.5.5.3 of the Zoning Ordinance allows the Director of Planning to grant minor variations 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 as long as: 1) The variations are consistent with the goals and objectives of the comprehensive plan. The proposed variations for building orientation and a different street section support the Neighborhood Model for a pedestrian orientation and buildings and spaces of human scale. The proposed variations are not in conflict with the Neighborhood Model. 2) The variations do not increase the approved development density or intensity of development. The variations would allow for more building coverage on the property; however, the variation would not increase the approved density or intensity of the development. 3) The variations do not adversely affect the timing and phasing of development of any other development in the zoning district. The variation will not adversely affect the timing and phasing of development or any other development in the zoning district. 4) The variations do not require a special use permit. The variations do not require a special use permit. 5) The variations are in general accord with the purpose and intent of the approved rezoning application. This variation is in conformity with the approved rezoning which, in part, was intended to support the principles of the Neighborhood Model. The third variation requested, to have buildings and parking between Northwest Passage and SWM Facility # 10, will have to be considered in conjunction with the review of the final site plan. Based on comments by the Director of Community Development, there is a strong likelihood that appropriate design for erosion control, stormwater management and safety is not possible with the design shown on the preliminary site plan. While I note that you have shown slope reconstruction yielding 3:1 slopes on the site plan, according to the Director of Community Development, it is extremely unlikely that SWM Facility # 10 can function as shown on the preliminary site plan. (See comments from Director of Community Development.) I recommend that you discuss concepts with Engineering staff before the final site plan is submitted. In addition, as I said in my letter of January 30, 2009, the site plan needs to demonstrate appropriate design for the appearance from the Entrance Corridor (U.S. 29). Visual depictions would be suitable for this purpose. Because the Director of Community Development can approve the preliminary site plan contingent upon the appropriate demonstrations of stormwater management, consideration of your requested variation related to SWM Facility #10 can be deferred to the final site plan. Please feel free to contact me if you have questions or need more information. Sincerely, lam? V. Wayne ilimberg Director, o Planning Cc: Larry Davis Mark Graham Elaine Echols Amelia McCulley Gerald Gatobu 2