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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............................................................................... ............................... ..........................$1.00 plus the actual cost of first class postage 3. 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Dec 22 Jan 13 Nov 17' "Dec 17 Jan 05 Jan 27 : ' 'Tue- De630' Jan 05 Jan 27 Dec _15_`, Jan 14 Feb 02 Feb 24 Jan 05 - Feb 04 Feb 09 Mar 03 Tue Jan 20 Feb 18 Feb 23 Mar 17 Feb 02 Mar 04 Mar 16 Apr 07 Tue Feb 17 Mar 18 Mar 30 Apr 21 Mar 02 Apr 01 Apr 13 May 05 Mar 16 Apr 15 Apr 27 May 19 Apr 06 May 06 May 11 Jun 02 Apr 20 Ma 20 May 25 Jun 16 May 04 Jun 03 Jun 22 Jul 14 May 18 Jun 17 Jun 22 Jul 14 Jun 01 Jul 01 Jul 06 Jul 28 Jun 15 Jul 15 Jul 27 Aug 18 Jul 06 Aug 05 Aug 10 Sep 01 Jul 20 Aug 19 Tue Sep 01 Sep 22 Aug 03 Sep 02 Sep 14 Oct 06 Aug 17 Sep 16 Sep 28 Oct 20 Tue Sep 01 Sep 30 Oct 19 Nov 10 Sep 14 Oct 14 Oct 26 Nov 17 Oct 05 Nov 04 Nov 16 Dec 08 Oct 19 Nov 18 Nov 23 Dec 15 Nov 02 Dec 02 Dec 21 Jan 12:2016.;,. Nov 16 Dec 16 Dec 21 T 6.42-1-26T$ , 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