HomeMy WebLinkAboutZMA201500003 Review Comments Zoning Map Amendment 2015-05-01R �
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
May 1, 2015
Mr. Justin Shimp
201 E. Main Street, Suite M
Charlottesville, VA 22902
RE: ZMA201500003 — Riverside Village Neighborhood Model District
Dear Mr. Shimp :
Staff has reviewed your initial submittal requesting to amend proffers and code of development
from ZMA2012- 00002, which was a rezoning for 18.67 acres from R -1 Residential to NMD
Neighborhood Model District for a maximum of sixty nine (69) residential units and five (5)
buildings with a mix of residential and up to 46,000 square feet of commercial uses. This
amendment request is to allow affordable units in Block 5 and allow accessory apartments and
carriage house units as affordable rental housing. The acreage, zoning district and maximum
number of residential units are unchanged and remain the same.
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:
Initial comments on how your proposal generally relates to the Comprehensive 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.
COMPREHENSIVE PLAN
The land use designation for this property is Neighborhood Density Residential and Greenspace.
Neighborhood Density Residential 3-6 residential units per acre with residential support
uses and limited non - residential uses. Neighborhood Density Residential areas will
primarily accommodate single family dwelling unit types as well as institutional uses such
as places of worship, public and private schools, and early childhood education centers
including day care centers and preschools. Neighborhood Density Residential areas
accommodate small areas of non - residential land uses on the scale of Neighborhood
Service, to serve residential uses. This may include - corner stores of less than 4,000 square
feet; live /work units above office and /or retail; small office buildings with less than 20,000
square feet; and studios /cottage occupations.
Greenspace — Sensitive environmental features including stream buffers, flood plain, and
adjacent slopes. Typically only passive recreation will occur in these areas or greenway
trails. Also includes open space areas that may be managed and owned by homeowners
associations.
• Neighborhood Model: This proposal consists of a mixed use development with up to 69
single family attached and detached units, townhouses, and multifamily residential units.
Commercial office and retail uses totaling approximately 46,000 square feet are also
proposed for the site. Five of the buildings are proposed to have a mix of commercial and
residential uses. Fifteen percent (15 %) of the residential units or 10 units will be affordable
units. The form and proposed density (approximately 4 units per acre), are consistent with
the land use recommendations of the Comprehensive Plan.
• The intent of this proposal is to amend the proffers and code of development to allow
affordable units in Block 5 and allow accessory apartments and carriage house units as
affordable rental housing. The Neighborhood Model District remains consistent with both
plans.
• The general proposed intent of this rezoning amendment request is not substantially
different than the approved rezoning. The approved rezoning was for a mixed use
development and the proposed development is for a mixed use development. The
proposed Neighborhood Model remains consistent with the approved rezoning (ZMA2012-
00002); therefore, a revised review of the Neighborhood Model was not completed with
this request.
More detailed comments may be provided after more detailed information is provided.
Planning
1. Per Section 33.4 (j) of the Zoning Ordinance, a community meeting is required. Please call me
to discuss this proposal being presented to the Pantops Advisory Council /Committee. Staff will
also need to be present at this meeting.
2. It is unclear that the density is not changing. It is my understanding that the number of units
will remain the same as approved. Please clarify.
3. Staff is concerned that carriage house units will not fit in Block Two. Please see Fire -Recue and
Zoning comments. How will appropriate travelway be accommodated and will you be able to
provide enough required parking?
4. Sheet 6 of S should include affordable units by type for Block 5.
5. Does Chris Henry have authorization to sign the application? If so, you need to provide the
appropriate authorization information.
Zoning
The following comments related to zoning matters have been provided by Rebecca Ragsdale:
2
1. It is difficult to read the exhibit that shows "proposed additional location for affordable
housing"
2. The code of development should address how carriage house units and accessory apartments
will be counted towards density. Carriage houses count as a unit towards density.
3. It should be added to the code /proffers that accessory apartments will be subject to Section
5.1.34.
4. An additional off - street parking space is required for an accessory apartment and should be
required for a carriage house unit. Single family dwellings will require 3 parking spaces if you
add these types of units. There may not be adequate parking in block 2 for carriage houses or
accessory apartments.
5. Table VI Affordable Units by Type and Block should be updated to say what affordable unit
types will be in Block 5.
Engineering and Water Resources
Comments have not been received. Staff will send comments upon receipt.
Entrance Corridor
The following comments related to the Entrance Corridor Guidelines have been provided by
Margaret Maliszewski:
1. The proposed amendment to the rezoning is not expected to change the approved
appearance of the development. Consequently, no impact on the Entrance Corridor is
anticipated.
VDOT
The following comments related to traffic and transportation issues have been provided by Troy
Austin:
1. We have reviewed Code of Development Amendment for Riverside Village. The proposed
amendment appears to allow a portion of the affordable units to be located with Block 5
and to allow accessory apartments /carriage house units within the development. It is our
understanding that the density of this development will not change as a result of the
proposed amendment:
VDOT has no objection to the proposed amendment to the Code of Development of
Riverside Village based on the above conditions.
ACSA
The following comments related to Albemarle County Service Authority (ACSA) have been
provided by Alexander Morrison. This relates to the site plan process:
1. 1 have reviewed the submittal. I have no comments and hereby recommend approval of
ZMA201500003.
3
RWSA
The following comments related to Rivanna Water Sewer Authority (RWSA) have been provided by
Victoria Fort:
1. Capacity issues for sewer that may affect this proposal None Known
2. Requires Rivanna Water and Sewer Authority Capacity Certification Yes X No
3. Water flow or pressure issues that may affect this proposal None Known
4. "Red Flags" regarding service provision (Use attachments if necessary) None Known
Fire /Rescue
The following comments related to Fire /Rescue have been provided by Robbie Gilmer:
1. Adding Carriage House Units will require a 20 ft unobstructed travelway to the
entrance side of the unit.
Proffers
The following comments related to Parks and Recreation issues have been provided by Dan
Mahon: (These comments relate to the proffers regarding the park land and trail proffer.
Discussion with Parks and Recreation is needed to resolve these concerns)
1. We would rather not seethe Grantor put trails on the ground until we have had the time
to create a master plan for the site. If the Grantor would rather provide us with cash or
wait until we have a clear idea of how the park will look and then build them with our
direction...that's fine.
2. We would want the site cleared of all shrubbery... as much of it is made up of aggressive
invasive material that we would want removed. Hardwood trees and 8 "> caliper pines and
junipers should be retained.
3. It seems that the Grantor is wanting us to agree to future HOA design approval. Is this what
we read? If so... this is not something would want.
4. Can these requested changes be made?
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. You will need to make a decision within 30 days after
receipt of this 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, payment of the following fees is needed:
$198.00 Cost for newspaper advertisement
$200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner
after 50 adjoining owners)
11
$398.00 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.
$198.00 Additional amount due prior to Board of Supervisors public hearing
$596.00 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 same 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
cgrant@albemarle.org.
Sincerely,
Claudette Grant
Senior Planner
Community Development
C: Riverside Village Properties, Inc.
enc: Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
5
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
Page 1 of 6 Revised 4 -25 -11 eke
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 anytime 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.
Page 2 of 6 Revised 4 -25 -11 eke
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
Home occupation Class B; application and first resubmission
Each additional resubmittal ....................................... ............................... ........................$500.00
2. Public utilities; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
5.
3. Day care center; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Fee............................................................................ ............................... ......................$1,000.00
Eachadditional 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............................................................................... ............................... ..........................$1.00 plus the
actual cost of first class postage
3. Published notice:
Fee.............................................................................. ............................... .........................Actual cost
Page 3 of 6 Revised 4 -25 -I1 eke
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2015 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments .
Resubmittal Schedule
Written Comments and Earliest Planning Commission Public Hearing*
Resubmittal
Dates
Comments to
applicant for
decision on whether
to proceed to Public
Hearing
Request for PC
Public Hearing,
Legal Ad
Payment Due **
Planning Commission
Public Hearing
No sooner than*
COB Auditorium
Monday
Wednesday
Monday
Tuesday
;> Nov 03
Dec 03 F.
Dec 22
Jan 13
Nov 17'
"Dec 17
Jan 05
Jan 27
: ' 'Tue- De630'
Jan 05
Jan 27
Dec _15_`,
Jan 14
Feb 02
Feb 24
Jan 05 -
Feb 04
Feb 09
Mar 03
Tue Jan 20
Feb 18
Feb 23
Mar 17
Feb 02
Mar 04
Mar 16
Apr 07
Tue Feb 17
Mar 18
Mar 30
Apr 21
Mar 02
Apr 01
Apr 13
May 05
Mar 16
Apr 15
Apr 27
May 19
Apr 06
May 06
May 11
Jun 02
Apr 20
Ma 20
May 25
Jun 16
May 04
Jun 03
Jun 22
Jul 14
May 18
Jun 17
Jun 22
Jul 14
Jun 01
Jul 01
Jul 06
Jul 28
Jun 15
Jul 15
Jul 27
Aug 18
Jul 06
Aug 05
Aug 10
Sep 01
Jul 20
Aug 19
Tue Sep 01
Sep 22
Aug 03
Sep 02
Sep 14
Oct 06
Aug 17
Sep 16
Sep 28
Oct 20
Tue Sep 01
Sep 30
Oct 19
Nov 10
Sep 14
Oct 14
Oct 26
Nov 17
Oct 05
Nov 04
Nov 16
Dec 08
Oct 19
Nov 18
Nov 23
Dec 15
Nov 02
Dec 02
Dec 21
Jan 12:2016.;,.
Nov 16
Dec 16
Dec 21
T 6.42-1-26T$ ,
Dec 07
Jan 06
Feb 02- -2016 = ,
Dec 21
Jan 20' 2016,.
Feb;0:1 2016 =
176b -23;201B,,
Jan04 20.1'6
'..`'Feb:03 2016 .,'_
r.` ""T b'08 2016`';
'Mar, 01;;201.6::
Bold italics = submittal/meeting day is different due to a holiday.
Datesswith sfiaded.backg "round are: not2015
2016 dates are tentative.
* The reviewing planner will contact applicant to discuss comments of reviewers and advise that changes that are needed are
significant enough to warrant an additional submittal or advise that the the project is ready for a public hearing. If changes needed
are minor, the planner will advise that the project go to public hearing.
** The legal ad deadline is the last date at which an applicant can decide whether to resubmit or go to public hearing. If an
applicant decides to go to public hearing against the advice of the reviewing planner, a recommendation for denial will likely
result. Generally, the applicant will will have only one opportunity to defer the PC public hearing for the project once it has been
advertised for public hearing. Additional deferrals will not be allowed except in 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.
F•Orc OFFICE USE ONLY SP # or ZMA #
Fee Amount Date Paid By who?
Receipt # Ck# By:
(Resubmittal of information for Special Use Permit or °�_�y"` k
Zoning leap Amendment ;,,�:FN,,,
PROJECT NUMBER: zVl')A)M - 60003 PROJECT NAME: �1yQJrSiC%Q, 11 +l��Q�P �Jd1q Li✓h4ruk � �iIS�YiC
❑ Resubmittal Fee is Required ❑ Per Request M- Resubmittal Fee is Not Required
Community Development Project Coordinator Name of Applicant Phone Number
0 h I.( d_P'tt&&'A— 511115-
Signature D to
Signature
FEES
Date
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000
❑ First resubmission
FREE
❑ Each additional resubmission
$500
.'JZ-.
Y �{ �S �,
.Y. � *�'�3�.�� w..
Resubmittal fees for original Special Use Permit fee of $2,000
❑ First resubmission
FREE
❑ Each additional resubmission
$1,000
a '. S 4lY ?. i 2 F � i ar.. ,,.. kr4�.:.- Y,� >..r &R.yj p. ,�'�i:., ,.Y .<�:.:.> ����� ,i. ���� �.,�:',,,..R �'. ��S �s���.ro, `� _ ?aA vJ5'���.,F VY'��.���,�an 2i�f._.��k..: �5�3 R. r�} . "'. ✓�.. ,.�..`
Resubmittal fees for original Zoning Map Amendment fee of S2,500
First resubmission
FREE
❑ Each additional resubmission
$1,250
! } �.�.�... ,��?4....t4� Y S rf S ..._'fit � .. � . X565' ✓, it.. <n J..:..�YYvk�
'fv,:x..��.r...YJnr�Y.G.: ... .1i?��. ^,.:4 �'chF.h:r.:2:bd 5 +.3_.<�''1i ✓:< ..I y.j_tpi �,.. �f �e��.i fi.)$�N„<f di .- r_...d k' :• <�., r �R^3<:• 4�SS/ ':`�?,. � !t� 'F
Resubmittal fees for original Zoning Map Amendment fee of $3,500
❑ First resubmission
FREE
❑ Each additional resubmission
$1,750
❑ Deferral of scheduled public hearing at applicant's request — Add'I 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 CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER
i Preparing and mailing or delivering up to fifty (50) notices
$200 + actual cost of first -class postage
i� Preparing and mailing or delivering each notice after fit, (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 4 publications)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126
6/7/2011 Paee 1 of 1