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HomeMy WebLinkAboutZMA201500006 Review Comments Zoning Map Amendment 2015-12-02p� 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 Rev1 Comments: December 2, 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 9 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) Consistencv with the Comarehensive 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 ADDlication 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. Rev1: Soils work has not been provided. iviore cieariy snow the luu root sirean Duffer on the application plan. Rev1: Comment addressed 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. Rev1: Stream buffer is still shown on individual lots. 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. Rev1: Maximum setback may be increased but not removed. Please declare maximum setback and submit a special exception request. 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. Rev1: Comment addressed. PrnffPr-. 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. Rev1: Planned development districts are required to conform with an approved application plan. The PRD amendment cannot be approved without a proffered plan. 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). Rev 1: Comment addressed. 2 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. Rev1: Is this dam certified with DCR and in compliance with DCR dam safety guidelines? If so, staff might be able to support removing this condition. 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). Rev1: If this proffer is to be retained, access should be defined or described in further detail. The open space should be proffered as part of the application plan. Proffer 15: This proffer limiting the number of lots can also be included as part of the proffered plan (see above). Rev1: Clarify what is meant by 9 lots. Are the Residue, Area X and Open Space considered lots? This proffer can be deleted and incorporated into proffered application plan. Staff is supportive of the proposal to rezone Area X to RA. 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. 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. Rev1: Comment addressed. Private Street Authorization Request Complete Road Plan Application (road plan checklist can be omitted) and pay fee of $670. Rev1: Comment addressed Provide justification for request in accordance with 14-232. Rev1: Please clarify justification for request of private streets in accordance with 14- 232(A) (either to alleviate significant degradation to the environment or general welfare) and provide supporting information as required by this section. 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). Rev1: Comments addressed 3 Critical Sloaes Waiver -omplete Special Exception Application and pay fee of $425 (this fee/application will cover all special exceptions/waivers associated with this application). Rev1: Comment addressed State how the request would satisfy the findings set forth in subsection 4.2.5(a)(3). Rev1: Comment not addressed. State how the request will satisfy one of the findings (a -d) within this section of the ordinance. Explain how the waiver would address the impacts listed in subsection 4.2.5(a)(1). Rev1: Comment not addressed. Five items in this section must be addressed for staff to adequately review waiver request. 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. Rev1: A building site shall be composed of a contiguous area of land outside of the stream buffer, floodplain and critical slopes. Most lots are showing portions of the building site within the stream buffer. Additionally, each building site shall be of such dimensions that no one dimension exceeds any other by a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the building site. The proposed building sites do not appear to meet this requirement. 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). Rev1: Building site special exception will be required with the layout proposed. 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)]. Rev1: Comment no longer applicable. Communitv Meetin 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. Rev1: Applicant has not yet held the community meeting. 121 Zoning Comments (Ron Higgins) Front setback maximum beyond 25 feet requires a special exception from the Board of Supervisors as a separate action from ZMA. Application Plan should be included in the proffers (application plan is required for PRD). Be clear about what constitutes the "9 lots" (7 lots, Open Space and residue?). All other previous comments have been addressed. Fire Rescue Comments (Robbie Gilme Per the VSFPC to have 18' wide travel lanes the structures will need to be sprinklered. o 503.2.1 Dimensions: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). o Exception: Fire apparatus access roads exclusively serving single-family dwelling or townhouse developments that are fully sprinklered as provided for in Sections R313.1 or R313.2 of the International Residential Code shall have an unobstructed width of not less than 18 feet (5486 mm), exclusive of shoulders Access for the proposed Dry Hydrant shall have a prepared travel lane to within 20' of the dry hydrant. The access shall be maintained at all times, with gravel Fire Rescue has concerns with the travel lane washing out over time. Architectural Review Board Comments (Margaret Maliszewski) No objection. Engineering Comments (Glenn Brooks) 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. There are no engineering comments, other than to note for informational purposes that it can be very difficult to keep wooded stream buffers within private backyards, and the existing dam is in need of repair. Private Street Authorization Request —The private street authorization is being requested on non -engineering grounds for privacy. There is no objection. Waiver Request to Disturb Critical Slopes: No objection. Virginia Department of Transportation Comments (Shelley Plaster) VDOT has no objection to the proffer amendment. During the site/road plan review a sight distance profile will be required to ensure the sight distance is sufficient. 5 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 $1344 for the next 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. 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, W WA-;�D Rachel Falkenstein Senior Planner Planning Division Enc: Action after receipt of comment letter Resubmittal form Resubmittal schedule M. 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: 1. Additional lots under section 10.5.2.1; application and first resubmission Fee..................................................................................................................................... $1,075.00 Each additional resubmittal.................................................................................................. $538.00 2. Public utilities; application and first resubmission Fee..................................................................................................................................... $1,075.00 Each additional resubmittal.................................................................................................. $538.00 3. Day care center; application and first resubmission Fee..................................................................................................................................... $1,075.00 Each additional resubmittal.................................................................................................. $538.00 4. Home occupation Class B; application and first resubmission Fee..................................................................................................................................... $1,075.00 Each additional resubmittal.................................................................................................. $538.00 5. Amend existing special use permit; application and first resubmission Fee..................................................................................................................................... $1,075.00 Each additional resubmittal.................................................................................................. $538.00 6. Extend existing special use permit; application and first resubmission Fee..................................................................................................................................... $1,075.00 Each additional resubmittal.................................................................................................. $538.00 7. All other special use permits; application and first resubmission Fee..................................................................................................................................... $2,150.00 Each additional resubmittal............................................................................................... $1,075.00 8. Deferral of scheduled public hearing at applicant's request Fee........................................................................................................................................ $194.00 B. For amendment to text of zoning ordinance: Fee.................................................................................................................................... $1,075.00 C. Amendment to the zoning map: 1. Less than 50 acres; application and first resubmission Fee..................................................................................................................................... $2,688.00 2. Less than 50 acres; each additional resubmission Fee..................................................................................................................................... $1,344.00 3. 50 acres or greater; application and first resubmission Fee..................................................................................................................................... $3,763.00 4. 50 acres or greater; each additional resubmission Fee..................................................................................................................................... $1,881.00 5. Deferral of scheduled public hearing at applicant's request Fee........................................................................................................................................ $194.00 MR OMCE Z ISE OPI&Y Sr N 9F 7WA it - - PeaArw nCi I7ri}Pvid $9wha4_ R-:WiP[4--_: �C1eF > r _ resubmittal information for Special Use Permit ar Zoning leap Amendment b.*xl Ree is RtquLred � P�r�rjuest Iluramu�}' etL:FbajestC�oard�riatrrr re eta NF -mo a Al; 111 nt Rmubuz tte] Rea Is Not RrgWred Raw Number $i�nnfiRe . L]ets MIS N"t applbutiane far Special LmNrmits mod $ooiogAlnp Amandrnrn4m mgeire at ]me one pahl3c kaariag by Ar.111aoniog CoFnm$mi an #nd ope publ.W lkmr[nE bk• tke Hoard 9� $upmrviwrs, Virginia SUN Cade re nares that n4ce U r public be�erJnp Na ivade by pmbNK" it lead a&rrhb memt In the mAwxpapw-and by-maIltn= klteev to adfiaeent property owners. Therefore, at law two fees ror gmbGe noHec art rcquirsd before r Spgclal Ude Ba=it or: ing Map A,meedmimt may be heard bythe Hoard or Supervimm. Tire iv=r iFtr. for pmNiv mvi a wAl be provided tt the ipplLe mt cher the Anal casd It deteradwed surd oust be podd Were the appldratuim is Lneard by ■ public body, h19M CHEMO TO CQY DR Ai.NWAILLWAYWN7 &7COM U.VrY DEVELOPKMT COUNTER PmprrimZ endmrilirjordelivmne ap-c fifty (SM optic -!2 l UOt a=el ewtofEr ""B PE;A ge X13 oral mgfling or deLivezing avthYrlb}4e (30) Sl_00 igrr a eddltlonal notice+ avbar] eW of fint puWjyo La�alpdv ti5r� nt(xibUbadtv=iRIrnswapmpwfumacbyulr]ivbm-zW Aeq�lr �irr+iniIIiu�vr#�BLafvrtahrlor4publirsbaoa). Caaniy of Albmarie Departmemt of Comminafty Derchpment 4W 1A dm*e Raid CharEottt*villei VJl =M Yaiw (434) 2%-M2 Fhx: (434) 97Z-41;6 ' 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.