HomeMy WebLinkAboutZMA201500006 Review Comments Zoning Map Amendment 2015-10-01p� 4L
�IRGi;31�
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 1, 2015
Meridian Planning Group
1413 Sachem Place
Suite 4
Charlottesville, VA 22901
tmiller@meridianwbe.com
RE: ZMA201500006 Shadwell Estates
Dear Meridian Planning Group:
Staff has reviewed your initial submittal for the amendment to ZMA1977-24 to allow for 11
residential lots. We have a few 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.
Planning Comments (Rachel Falkenstein)
Consistency with the Comprehensive Plan
Comments on conformity with the Comprehensive Plan are provided to the Planning
Commission and Board of Supervisors as part of the staff report:
The existing zoning on site predates the current Comprehensive Plan. This zoning in
general is not consistent with the Plan. This update will allow for the lots to be brought
in conformance with existing subdivision/zoning ordinance standards.
Staff recommends the flexibility of the PRD zoning ordinance be utilized to protect
natural resources on this site including critical slopes, stream buffers and waterways by
moving houses and lots away from critical slopes and WPO buffer wherever possible.
FYI — this proposal is within the viewshed of Monticello. Staff at Thomas Jefferson
Foundation has been notified of the request and may contact you to discuss the
proposal further.
Narrative and Application Plan
Staff recommends that soils work be reviewed by VDH during ZMA review to ensure the
proposed layout is possible and to prevent the need for future ZMA amendments.
Virginia Department of Health review is also required for the building site special
exception (see below) and soils work showing location of primary and reserve drainfield
would be part of this review.
More clearly show the 100 foot stream buffer on the application plan.
The lake and stream buffer should be part of the open space in this development rather
than on the individual lots. This will ensure easy access to lake and dam for maintenance
and ensure the stream buffers are preserved. Smaller lot sizes are permitted within PRD
zoning.
Proposed house locations do not meet current setbacks. See section 4.19 of Zoning
Ordinance for new setback requirements. New lots should meet current setback
requirements or apply for a special exception and provide justification to increase
maximum front setback.
The narrative states an intention to submit a subdivision application in accordance with
1980 subdivision requirements. Staff got the impression at the pre -application meeting
(and during a subsequent conversation with Tim Miller) that the intent is for the
subdivision road and lots to be built to today's standards. Please clarify.
Proffers
Is the concept plan being proffered as part of this amended rezoning? If so, it should
clearly show what commitments are being made with the request. The important
elements of the proposed development should be clearly noted on the plan or provided
as a written proffer, such as: the number of lots and proposed layout, proposed street
network, setbacks and/or build -to lines, open space and amenities, features to be
preserved such as slopes and green space and/or any proposed landscaping or
screening.
Proffer 1-6, 8, 10, 12, 14, 17: These are required by ordinance and do not need to be
included as proffers (see also engineering comments).
Proffer 7: According to previous studies, the dam has been shown to be in need of
repairs (see also engineering comments). Staff does not feel this condition should be
removed. Additionally, the dam should meet any federal, state and local regulations
pertaining to safety and/or dam certification requirements. A map of the proposed
development has been sent to DCR for review. Further comments, if any, will be
forwarded based on DCR's review.
Proffer 11: What is meant by access to open space? Are amenities such as trails
proffered? This proffer should be tied to a proffered plan (see above).
Proffer 15: This proffer limiting the number of lots can also be included as part of the
proffered plan (see above).
If changes are proposed that will impact lots 79-23 and 79C-1 then these parcels should
be part of the rezoning request and property owners should be party to the application.
2
Staff recommends that the applicant consider rezoning the two residue parcels 79-23
and 79C-1 to RA Rural Areas as part of this rezoning application, if the property owner is
agreeable to this request.
Private Street Authorization Reauest
Complete Road Plan Application (road plan checklist can be omitted) and pay fee of
$670.
Provide justification for request in accordance with 14-232.
Ensure all required information from section 14-234(A)(1)(a) is either included in the
concept plan or included with the private street authorization request.
Address each of the 5 required findings from section 14-234(C).
Critical Slopes Waiver
Complete Special Exception Application and pay fee of $425 (this fee/application will
cover all special exceptions/waivers associated with this application).
State how the request would satisfy the findings set forth in subsection 4.2.5(a)(3).
Explain how the waiver would address the impacts listed in subsection 4.2.5(a)(1).
Building sites — additional waiver needed
Each lot is required to have a 30,000 square foot rectangular building site meeting the
requirements of section 4.2.2(a). Most lots do not appear to have a large enough
building site.
Either amend the lots to contain building sites meeting these requirements or submit a
special exception request explaining how the request will satisfy the findings set forth in
subsection 4.2.5(a)(3).
FYI —The ordinance in affect in 1980 would require lots served by individual well and
septic to be a minimum of 60,000 square feet [18-23(c)].
Community Meeting
The applicant is required by ordinance to undertake a community meeting process as
part of the review of the ZMA amendment. Staff has not been notified that the
community meeting has been scheduled
You will be required to notify neighboring properties (staff can work with you to provide
a list of property owners) as well as the Board Member and Planning Commissioner for
your district.
Please work on scheduling this meeting ASAP and keep staff informed of the community
meeting location and time. Staff will attend the meeting to answer questions, but the
applicant is responsible for facilitating the discussion.
3
Zoning Comments (Ron Higgins)
Comments forthcoming
Architectural Review Board Comments (Margaret Maliszewski)
With the reduction in the overall number of lots proposed, and with architectural review
of the residences through an HOA for compatibility with the Clifton Inn, no additional
negative impact on historic resources is anticipated from this proposal.
Engineering Comments (Glenn Brooks)
See attached comments
Virginia Department of Transportation Comments (Shelley Plaster)
We have no objection to the proffer amendment.
During the site/road plan review the following items will need to be addressed.
■ The proposed entrance should be located directly across from the School's
entrance.
■ A sight distance profile will be required to ensure the sight distance is sufficient.
If you need further information concerning this project, or if you wish to schedule a
meeting, please do not hesitate to contact me at (434) 422-9894.
Virginia Department of Health Comments (Josh Kirtley)
VDH highly recommends that the applicant work with a licensed OSE and PE to
determine what is feasible on the parcel before moving forward.
To discuss this project further please contact Josh Kirtley at (434) 972-6288 or
Joshua. Kirtley@vdh.virginia.gov
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.
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
Additional information regarding fees for notification and advertisement will be forthcoming.
B1
Feel free to contact me if you wish to meet or need additional information. I can be reached at
rfalkenstein@albemarle.org or 434-296-5832, ext. 3272.
Sincerely,
WW-&�
Rachel Falkenstein
Senior Planner
Planning Division
Enc: Engineering comments
Action after receipt of comment letter
Resubmittal form
Resubmittal schedule
5
County of Albemarle
Department of Community Development
Memorandum
To: Rachel Falkenstein, Senior Planner
From: Glenn Brooks, County Engineer
Date: 24 Sep 2015
Subject: Shadwell Heights (ZMA201500006)
The application to amend the proffers for ZMA1977-24 to allow 11 residential lots on Clifton Lake next to
the Clifton Inn has been reviewed. The following comments are offered for your use;
1. The lots should be out of the stream buffer (17-601 Q.
2. Clifton Lake is part of a perennial stream system, and is a protected water resource. Proposing its
use as a stormwater management solution for new development is confusing the issue of water
protection. It would be more straightforward to provide treatment of the impervious areas of the
development before discharging into the stream buffer.
3. The existing dam is in need of substantial refurbishment and repair. It would be irresponsible of
the county to allow that burden to be placed on future homeowners in this area.
4. Past applications for this property have had significant problems obtaining adequate drainfields.
This should be investigated before central water and sewer systems are eliminated from
consideration.
Proposed Proffers and Proffer Changes;
Proffers 1-3: These are all required by ordinance and need not be proffers.
Proffer 4:
There does not appear to be any reason the internal road could not be public. See the
Private Street Authorization Request.
Proffer 5-6:
These proffers are obsolete. Ordinances are now more stringent.
Proffer 7:
The dam has been evaluated by Gloeckner Engineering for previous applications and
plans. There has been extensive design and field work. The dam has been shown to be
in need of substantial rework on the downstream side and in the spillway controls. This
work should not be forgotten or dismissed.
Proffer 8:
This is required by ordinance and need not be a proffer.
Proffer 9:
This is not a valid proffer. Central systems require Board approval per County Code
Chapter 16.
Proffer 10:
This is in contradiction to ordinance requirements, which allow bonding.
Proffer 12:
This is required by ordinance and need not be a proffer.
Proffer 13:
This is obsolete.
Proffer 14:
This is required by ordinance and need not be a proffer.
Proffer 15:
This language regarding a plan presented to the board is not understood and should be
clarified.
Proffer 16:
Please see comment on Proffer 7. This road work was part of improvements to the dam
on previous plans.
Proffer 17:
Setbacks are given by the Zoning Ordinance and need not be in proffers.
Private Street Authorization Request:
The private street authorization request is recommend for denial. It is not self-evident that a private
road is being proposed to minimize disturbance of critical slopes and impacts to Clifton Lake. A road
Albemarle County Community Development
Engineering Review comments
Page 2 of 2
and lots, if allow by the requested zoning, will increase impacts. If the applicant is determined to
seek a private road for reasons other than economics, better documents will be needed to make this
case. (The applicant is referred to the Design Standards Manual and Subdivision Ordinance for
private road requests.)
Waiver Request to Disturb Critical Slopes:
The applicant has not provided enough information to adequately review the critical slopes
disturbances. The grading lines shown on the plan are not actually grading lines that connect to any
topography.
file: El zma2015-6_GEB_ShadwellHeights.doe
DEPARTMENT OF COMMUNITY DEVELOPMENT
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
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:
Fee.................................................................................................................................$2,000.00
1.
Additional lots under section 10.5.2.1; application and first resubmission
$1,000.00
8.
Fee.................................................................................................................................$1,000.00
Each additional resubmittal..............................................................................................$500.00
2.
Public utilities; application and first resubmission
Fee.........................................................................................................................................$1000.00
Fee.................................................................................................................................$1,000.00
C. Amendment to the zoning map:
Each additional resubmittal..............................................................................................$500.00
1.
3.
Day care center; application and first resubmission
Fee.................................................................................................................................$2,500.00
Fee.................................................................................................................................$1,000.00
2.
Less than 50 acres; each additional resubmission
Each additional resubmittal..............................................................................................$500.00
4.
Home occupation Class B; application and first resubmission
3.
50 acres or greater; application and first resubmission
Fee.................................................................................................................................$1,000.00
Fee.................................................................................................................................$3,500.00
Each additional resubmittal..............................................................................................$500.00
4.
5.
5. Amend existing special use permit; application and first resubmission
Fee.................................................................................................................................$1,750.00
Fee.................................................................................................................................$1,000.00
5.
Deferral of scheduled public hearing at applicant's request
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
first class postage
3. Published notice:
Fee......................................................................................................................................Actual cost
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
FOR OFFICE U5)i ONLY SP N or ZMA N
1P4sJ►mvvotiT_ _1D�alPeid �yu#p?�3rwdpei' 4''�,�8v: __
Resubmittal loformation for Special Use Permit or
Zoning Map Amendment. fe
IIRCOT.Cr WMER., " - i FROmCT 1ti Amm.- , pta� a ,ltj I
Rou6mittul Fee it Requbred Per R egaeut "abmfttil Fee Is NORequlud
camin,MityDewia e�M1# pmjeet t�Ctndina � lemapf Appllea�[ Plume plumber
ApbDate ignE4ure DeU6e
M RI
Reaubmlttel few for ori&al Spedal Use Pumfi fere of S1,4U0
11-1 Fust ssubm3eaion FkM
IM Eacb additiamal resubmisokm $504
RwQ#wAttal Faea for ariosl 5 eIll Uab Permit fee of S2,D0 D
�Plydt rnsul}rniseiau �RS�
�.
Rich additional r=bmiaiom
RuabnAW l;pm for vrI&W ZmFoing lap AmtsuduwU Im of V
EI Fuel fmttbtnisslon ME
L7 Eaoh addi:mgfnubtiiasicu S1,250
' Resubmttlal fees For original ZeMag l4fap kmandknmA fba•of 53,300
Fudl TMt7rfmLMIM FREE
'Em�b additional mubmissiau 51,750
Dderrd orpchednfed pnblie bearing of s ppliami'a rtieguM- Addllautke fees will be required I lw 1Ap
Tv bep;,KwNr #—mrrrocw i'viumUr, Aelf�ee:
Mwt applintlams ferSpcoW Use Permits nod Zeniag.Map Aimudsaents ragiofmat kesk one pabliahmrag by tkekhmning
Cwnmieaioa and ane public hearing by the Board 9 Sgar#'kmm Virginia SweCod e rug Ams IYat adkc forpablie hcm nkp he
midr: by pubbbing A leged advertisernrat in the Pvmp#9 or and by -mailing letters to Paj aeemt pretparey orvrrexL Therden, at least
tWD feed for publicnerfiragre required heiore o Spacial t1ae Permit orZon ng M4 Ammdmont may he heard by the Eopr0 ed'
Supwvlrura. T'bsiat9ifmfie "Wit Uo tb wm be pMldhd tG tueapplieant Aftty the fLnal fiaet lx d lsrmia6d and-mu9t be paid
betoretie spplicadoa L broad byav0lifi bendy,
MAIM CAECRS TO COUNTY OF At— err WFJLY NI1D T -AT COMI4iU41TY DEVELOPMKKK COUNTER
Propeft and m4h3m w ddiue lox uvea M (50) notices ? S 0# a aael of firci-classp au�e
PnPariZ and tiaIng oc dr.&*rhog each natlae Aller f Pty (M ,51,40 for earls addillamni nonce+ iutuO rm of fisc -alae pmrmp
Lura] advcriseo:eot fpvbN5hodtwicontb�=vrapapsrfuc caph puAc h*uizal I AmtuJ rani (miu� of Sx$0 fn -total af4pubha&inaa)-
C =ty, ofAlbe inane Dgmrtmeut of Cammuuity Development
nt
40j McImtire RW Cbor]etfesvElle; VA 22RD2 Voice: (4M) 296-5832 Fu: (434) 9T24126
' The reviewing plannerwi contact applicant co c ;i .ss =cmments of reviewe-s and acvise shat changes that are ^----ded are
significant encu to warant an additional subs- ml or aovse thatthe the project is ready fora publio ---s—g. l; :hanger needed
are mito-r, the planner will advisethatthe project ga to pubur hearing_
" The legal ad deadfine is the last date at w^ ch an applicant can decide whether to resubmit or go to public hearing. If an
applicant decides to go to puhl ichearng aga ^st the advice of the reviewing Oxwber, a recommendation for denial writ likely
result. Generally, the applicantwdll will have only cne apportunitytn defer the PC pubkhearing forthe payer# mce k has been
adMertised for public hearing. Additional deferalr wA not be allowed except in extraordinary cirDkffnst such as a major
change in the project proposal byte applicant or more issues identified by staff that have not previously been brought to the
applicanCs attention.
2015 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal Schedule
Written Comments ztnd Earliest PI-anning Commission Public Hearing'
Resul)llllttal
Dates
Comments to
alppl icant for
decision on whether
to proceed to Public
Hea dng "
Request f(IF PC
Public Hearing,
Legal Ad
Payment Due "
Planning Commission
Public Hearing
No sooner than*
COB Auditori urn
M onday
Wednesday
Monday
Tuesday
Nov 43
Dec 43
Dec 22
Jan 13
Nov I /
Dec
an Ub
Jan 21
Dec 01
Tyre 30
Jan 05
Jan 27
Dec15
77n 14
FebFeb
Jan 05
Feb 04
Feb 09
Mar03
ire Jan
ebld
Febr
17
Feb 02
Mai -04
Mar 16
r 07
rre Feb 11
Mar '1=
Mai -30
Apr 21
Mar 82
Apr 01
Apr 13
may 05
`;lar 16
A r 1
r 27
may 19
Apr 06
may Oa
mav 11
Jun 02
Apr 20
May 20
May 25
Jun 18
04
Jun 03
Jun 22
Jul 14
Ma 18
J LI n 17
Jun 22
Jul 14
Jun Ul
JLIIJulu
Jury 15
Jul 15
Jul 27
Aug18
uAugu
—77p 171
Jul 20
Aug19
Tue Sep 01
-Sep 22
AugUct
- 9j
Au '17
Sep 16
Sep 28
Oct 20
rJ'
CtNov10
Se '14
Oct 14
Oct 26
Nov 17
Oct 05
NovO4Nov
16
DecM
Oct 19
Nov 18
Nov 23
Dec 15
Nov 02
Dec 02
Dec 21
Jan 12 2016
Nov16
Dec 16
Dec 21
Jan 12 2016
Dec 07
Jan 66
Jan 11 20,16
Feb 02 2016
ec
Jan 20 2016
Feb 012016
Feb 23 2016
Jan {]4 2016
Feb 03 2015
Feb 08 2016
Mar 012016
Bold italics = subjnittallmeetrn day is different due to a holiday,
Dates YAth shaded
backgroundare not 2015.
2816 dates ars tel7tative_
' The reviewing plannerwi contact applicant co c ;i .ss =cmments of reviewe-s and acvise shat changes that are ^----ded are
significant encu to warant an additional subs- ml or aovse thatthe the project is ready fora publio ---s—g. l; :hanger needed
are mito-r, the planner will advisethatthe project ga to pubur hearing_
" The legal ad deadfine is the last date at w^ ch an applicant can decide whether to resubmit or go to public hearing. If an
applicant decides to go to puhl ichearng aga ^st the advice of the reviewing Oxwber, a recommendation for denial writ likely
result. Generally, the applicantwdll will have only cne apportunitytn defer the PC pubkhearing forthe payer# mce k has been
adMertised for public hearing. Additional deferalr wA not be allowed except in extraordinary cirDkffnst such as a major
change in the project proposal byte applicant or more issues identified by staff that have not previously been brought to the
applicanCs attention.