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HomeMy WebLinkAboutSDP201500055 Correspondence 2015-11-13 Christopher Perez From: Carla Harris -CDD Sent: Friday, November 13, 2015 10:39 AM To: scottc @collins-engineering.com Cc: Christopher Perez Subject: SDP2015-055 Sunset Overlook- Initial Hello Scott, This email is to inform you of the adjacent owner fees for the above name project. • Amount Due$200.00(payable to the County of Albemarle) • Due Date 11/20/15 (by close of business 5 pm) • Project Number SDP2015-055 Project Reviewer Christopher Perez (Please place the above project number on your check) If you have any questions concerning the fees, please give us a call. Thanks, Carla Harris BZA Clerk/Zoning Support County of Albemarle Community Development Department 401 McIntire Road Charlottesville, VA 22902-4596 434-296-5832 ext 3834 charris(a,albemarle.org 1 Christopher Perez From: Christopher Perez Sent: Wednesday, November 18, 2015 7:36 AM To: 'Rex Linville' Subject: Approved Justin Shimp version of Sunset overlook(SDP2015-6 Sunset Overlook—initial site plan) Rex, The file for SDP2015-6 Sunset Overlook—initial site plan has been pulled for your review. Just come down to Community Development and let the front desk know what you want to look at and that it has been pulled for you. Thanks Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Rex Linville [mailto:rlinville @pecva.org] Sent: Monday, November 16, 2015 1:40 PM To: Christopher Perez<cperez @albemarle.org> Subject: Re: Sunset Overlook—Initial Site Plan Sorry for the hassle but yes, I'd like to see that plan as well. Sorry I didn't realize it was already out there. Rex W. Rex Linville, Land Conservation Officer Piedmont Environmental Council 410 E. Water St, Suite 700 Charlottesville, VA 22902 Work: (434) 977-2033 Cell: (434) 466-8843 Web: www.pecva.org Twitter: @RexLinville On Mon,Nov 16, 2015 at 1:31 PM, Christopher Perez<cperezaalbemarle.org>wrote: There is already an approved plan for this site done by Justin Shimp Engineering,which remains valid. Another developer/Engineer told the owner they could do it cheaper and get more lots,thus that Engineer is taking a swing at it.Thus the new application. The previously approved plan is on file here at Community Development, if you want to look at it I can have Paul our records management official pull it for you. Let me know what you decide. Thanks Christopher P.Perez I Senior Planner 1 Department of Community Development'County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Rex Linville [mailto:rlinville @pecva.org] Sent: Monday, November 16, 2015 1:28 PM To:Christopher Perez<cperez @albemarle.org> Subject: Re: Sunset Overlook—Initial Site Plan Chris, So there is an already approved prior site plan for this property? Do you have a copy of that one as well? If there is already and approved plan, why is the applicant putting in another plan? Rex W. Rex Linville, Land Conservation Officer Piedmont Environmental Council 410 E. Water St, Suite 700 Charlottesville, VA 22902 Work: (434) 977-2033 Cell: (434) 466-8843 Web: www.pecva.org Twitter: @RexLinville On Thu,Nov 12, 2015 at 12:50 PM, Christopher Perez<cpereza,albemarle.org> wrote: Rex, See my comments to your initial email below in red. Christopher P.Perez I Senior Planner Department of Community Development County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 2 %Ire Noe 434.296.5832 ext.3443 From: Rex Linville [mailto:rlinville @ pecva.org] Sent:Thursday, November 12, 2015 11:45 AM To:Christopher Perez<cperez @albemarle.org> Subject: Re: Sunset Overlook—Initial Site Plan Thanks! Just curious, given that they already have the zoning needed for their project, what leverage (if any) does the County have to compel them to make certain changes or improvements (such as those I suggested)to the project? See my comments below in red. Rex W. Rex Linville, Land Conservation Officer Piedmont Environmental Council 410 E. Water St, Suite 700 Charlottesville, VA 22902 Work: (434) 977-2033 Cell: (434)466-8843 Web: www.pecva.org Twitter: @RexLinville On Thu,Nov 12, 2015 at 11:39 AM, Christopher Perez<cperez @albemarle.org>wrote: Rex, Thank you for this. Once I get into my review I'll see about each of these and provide you some feedback. Christopher P.Perez 1 Senior Planner Department of Community Development lCounty of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 From: Rex Linville [mailto:rlinville @pecva.org] Sent:Thursday, November 12, 2015 11:37 AM To:Christopher Perez<cperez @albemarle.org>; Dan Mahon<DMAHON @albemarle.org>; Gerald Gatobu <ggatobu @albemarle.org> 3 Cc:Jeff Werner<jwerner@pecva.org> Subject: Fwd: Sunset Overlook—Initial Site Plan Dear Chris, Dan, and Gerald, Here are a few initial thoughts and questions regarding the Sunset Overlook project. 1). The preliminary siteplan does not include sidewalks along the portion of the project's public road frontage on Country Green Road. Is there a way to get them to expand this and to work with VDOT to extend the sidewalk all the way around the corner to include lot 16 (which is in fact part of their project) and its frontage along Country Green? This was a comment on the original version of the initial site plan for Sunset Overlook(SDP2015-06) done by Justin Shimp. That version of the development was approved with conditions on 10-16-15; however, because of site conditions (the raven along the bend) the comment was not pushed nor carried over to the conditional approval; rather, only#22 below made its way into the conditional approval letter. I plan to make similar comments on this version of the plan. 21. 132.5.2(n),32.7.2.3(e)]Interconnectivfty of sidewalks or pedestrian ways.The agent may require that any sidewalk or other pedestrian way connect to existing sidewalks or pedestrian ways on abutting parcels.It is recommended that the sidewalk associated with the new public street be extended to the pedestrian path along Old Lynchburg Road(Rte 631).A preferred point for this connection is along the side property line of Lot 1. 22. 132.5.2(n),32.7.2.31 Sidewalks.Assure that sidewalks are provided along Sunset Avenue Extended for the duration of the property being developed. 2); Sidewalks are shown but no bike lanes along Sunset Avenue Extended (State Route 781). Bicycle and pedestrian improvements along Sunset Avenue Extended are specifically called for in the Southern and Western Neighborhood Master Plan. Also, given that this project is coinciding with the Wintergreen Farm project across the street it seems that accommodations should be made now to plan for and add bike lanes to Sunset Avenue Extended. Once the curb, gutter, and sidewalks are in retrofitting the street to add a bike lane would be far more difficult and costly. The County has no leverage to require it as this is a by right use only required to do a site plan and subdivision to be approved. If it was a rezoning then we'd have the leverage to rely on the comp plan. If it was an SP we could ask based on the comp plan, but not require it. I can always request it but I cannot require it. 3). An improved pedestrian crossing on Sunset Avenue between these two new neighborhoods would make sense and should be planned for. I agree, I'm not sure we can require it based on Section 32 (site plans) or Chapter 14 (subdivisions) of the ordinance but I will definitely look into the ordinance and see what I can find during my review. If nothing else I can request it. 4). The proposed "Sun Valley Road" terminates in a cul-de-sac that is very close to the Albemarle County asphalt walking path on the west side of Old Lynchburg Road. Unfortunately,there is a parcel named "Open Space E" that would separate this cul-de-sac from access to the walking path. It seems like a public access ROW connecting these together would be a huge benefit to the community and the future neighborhood. I plan to request pedestrian access through that open space lot to the existing path which abuts those lots. The previous approved version provided a pedestrian path through a similar area to the existing path. 4 Nor 13. [32.5.2(n))There is an existing paved pedestrian path along Old Lynchburg Road(Rte 631)which runs behind Lots 1 —7.On the final site plan assure the existing trail is depicted on the plans. Revise appropriately. These are just a few preliminary ideas but I'd be happy to talk about this in more detail if you wish. Sincerely, Rex W. Rex Linville, Land Conservation Officer Piedmont Environmental Council 410 E. Water St, Suite 700 Charlottesville, VA 22902 Work: (434) 977-2033 Cell: (434) 466-8843 Web: www.pecva.org Twitter: @RexLinville Forwarded message From: Christopher Perez <cperez @albemarle.org> Date: Tue,Nov 10, 2015 at 9:49 AM Subject: RE: Sunset Overlook—Initial Site Plan To: Rex Linville <rinville @pecva.org> Rex, I requested a PDF copy from the applicant.Attached is an overview of the layout. Do you still want to view a hard copy? Christopher P. Perez 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 From: Rex Linville [mailto:rlinville(Mpecva.org] Sent:Tuesday, November 10, 2015 9:15 AM To:Christopher Perez<cperez@ albemarle.org> Subject: Re: Sunset Overlook—Initial Site Plan 5 Thanks Chris, I appreciate the help. I will stop into the office to take a look. Also, is there any chance the front desk could help me get an electronic scan of the plan instead of a printed copy? Rex W. Rex Linville, Land Conservation Officer Piedmont Environmental Council 410 E. Water St, Suite 700 Charlottesville, VA 22902 Work: (434) 977-2033 Cell: (434)466-8843 Web: www.pecva.org Twitter: @RexLinville On Tue,Nov 10, 2015 at 9:05 AM, Christopher Perez <cperez(a,albemarle.org>wrote: Rex, I'll leave a copy of the plans downstairs for you to review later today under the name Rex Linville. Please note I cannot let you take the plans out of the office as it is my review copy. If you would like a copy of the plans made for you, please work with the front desk once you get the plans, they can send it out for printing for a small fee. About having the plans available electronically, we've just started accepting electronic plans for review through a new process; however, not all plans are required to be submitted this way. Hopefully one day this will materialize, but until then its old school paper copies. Hope this helps. Christopher P.Perez I Senior Planner Department of Community Development ICounty of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Rex Linville [mailto:rlinville @pecva.org] Sent:Tuesday, November 10, 2015 8:49 AM 6 To:Christopher Perez<cperez@albemarle.org> Subject: Re: Sunset Overlook—Initial Site Plan Yes, I would like to look them over. Let me see when I can get over there and I will let you know probably later this week. I thought you guys had all this stuff electronically these days? Rex W. Rex Linville, Land Conservation Officer Piedmont Environmental Council 410 E. Water St, Suite 700 Charlottesville, VA 22902 Work: (434) 977-2033 Cell: (434)466-8843 Web: www.pecva.org Twitter: @RexLinville On Tue,Nov 10, 2015 at 7:02 AM, Christopher Perez<cperez @albemarle.org> wrote: Yes, I do have site plans and all the documents for SDP201500055. Are you interested in viewing them? We do not have electronic copies but I do have hard copies you can look at here in our offices. Let me know what you want to look at. Thanks Christopher P. Perez 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From: Rex Linville [mailto:rlinville@ pecva.org] Sent: Monday, November 09, 2015 2:55 PM To:Christopher Perez<cperezPalbemarle.org> Subject: Fwd:Sunset Overlook—Initial Site Plan Dear Christopher, Do you have site plans and other application documents for this project? Rex W. Rex Linville, Land Conservation Officer Piedmont Environmental Council 410 E. Water St, Suite 700 Charlottesville, VA 22902 Work: (434) 977-2033 Cell: (434) 466-8843 Web: www.pecva.org Twitter: @RexLinville Forwarded message From: Jeff Werner<jwerner( pecva.org> Date: Mon,Nov 9, 2015 at 11:36 AM Subject: Sunset Overlook—Initial Site Plan To: Rex Linville <rlinville@pecva.org> FYI. Item Number: SDP2o15o0055 Project Lead Reviewer: Christopher Perez Project Name: Sunset Overlook—Initial Site Plan MAGISTERIAL DISTRICT: Samuel Miller TAX MAP/PARCEL: 0760o-0o-0o-0520o and 07600-00-0o-052No LOCATION:Vacant parcel at the corner of Country Green Road and Sunset Avenue Extended.The parcel also fronts Old Lynchburg Road. PROPOSAL: Request for initial site plan approval for cluster subdivision of 43 lots(27 single family attached dwellings and i6 single family detached). ZONING: R-4 Residential—4 units/acre.Entrance Corridor Overlay District—overlay to protect properties of historic,architectural or cultural significance from visual impacts of development along routes of tourist access:Yes. Airport Impact Area Overlay District—overlay to minimize adverse impacts to both the airport and the surrounding land:Yes.PROFFERS: No 8 COMPREHENSIVE PLAN: Urban Density Residential—6—12 units/acre;supporting uses such as religious institutions,schools,commercial,office and service uses. (Neighborhood 4) PETITION: Chapter 18 Section 32 Site Plan and Section 15 Residential R-4. 9 e � Christopher Perez From: Scott Collins <scott @collins-engineering.com> Sent: Tuesday, December 22, 2015 5:32 AM To: Christopher Perez Subject: RE: SDP201500055 Sunset Overlook- Initial Site Plan_Zoning interpretation -Bonus Factor for Environmental Standards (Section 2.4.1, 15.4.1, and 30.7.4) Chris- Thanks. Please proceed with option A. Thx. Scott From:Christopher Perez [mailto:cperez @albemarle.org] Sent: Friday, December 18,2015 8:02 AM To:Scott Collins Cc:Adam Long Subject:SDP201500055 Sunset Overlook- Initial Site Plan_Zoning interpretation - Bonus Factor for Environmental Standards(Section 2.4.1, 15.4.1, and 30.7.4) Scott, SDP201500055 Sunset Overlook- Initial Site Plan Per your request Zoning has weighed in on Planning's interpretation of Preserved slopes and bonus factors as commented on in the SRC letter(comment#6). Zoning has upheld Planning's interpretation and has provided the following response/explanation in yellow (see Dec 17th email from Francis provided below). How do you wish to proceed? Option A) You can either receive the conditional approval letter with comment#6 remaining, which will require you to make the necessary modifications on the final site plan. OR Option B)You can challenge Zoning's interpretation through an Official Zoning Determination, which requires an application, explanation of the request and fee. If you go this route you need to request a deferral of the project to stop the clock till the determination is completed. Otherwise I need to take action on this project by Tuesday, December 22"d. Let me know how you wish to proceed. If I do not hear back from you by ten am on Dec 22"d I'll issue the conditional approval letter. Thanks Christopher P. Pere/1 Senior Planner Department of Community Development!County of Albemarle, Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext. 3443 1 Noe C.Necessary public facilities. Public facilities necessary to allow the use of the lot,provided that the lot does not contain adequate land area outside of the preserved slopes to locate the public facilities and one or more of the following exist: (i)the land disturbing activity avoids impacts on other protected resources such as stream buffers or floodplain;(ii)the alignment of the public facilities is consistent with the alignment of public facilities depicted or described in the comprehensive plan; (iii)the disturbance is necessary to provide interconnection required by the Code or the applicable regulations of other public entities; or(iv)prohibiting the facilities from being located on preserved slopes will cause an unnecessary hardship.To the extent that public facilities are established on preserved slopes, the preserved slopes should be preserved to the maximum extent practicable consistent with the intent and purpose of this overlay district, d. Trails.Public or private pedestrian and bicycle trails. e.Accessory uses and structures.Any uses or structures accessory to a dwelling unit authorized by subsection(b)(1)(a)and(b)(I)(b). f.Distribution facilities. Water,sewer,energy,and communications distribution facilities. To the extent that distribution facilities are established on preserved slopes,the preserved slopes should be preserved to the maximum extent practicable consistent with the intent and purpose of this overlay district, g.Legislative zoning actions related to the underlying district.Any use or structure approved by the board of supervisors in a zoning map amendment whose location is expressly authorized in an approved application plan,code of development,or an accepted proffer, in a special use permit authorized in the underlying district regulations,or in a special exception authorizing a waiver or modification of the requirements of section 4.2.3;provided that the legislative action is still valid and that the use or structure complies with all requirements and conditions approved or imposed in conjunction with the legislative zoning action. h.Slopes less than 25%based on new topographic information.Any use or structure allowed by right or by special use permit in the underlying district,provided that the owner submits new topographic information that is based on more accurate or better technical data demonstrating,to the satisfaction of the county engineer,that the slopes are less than twenty-five(25)percent. 4.3 TREE CUTTING a. In districts other than the RA,cutting of trees shall be limited to dead trees and trees of less than six(6)inches in diameter measured at six(6)inches above ground;except that trees may be cleared as an incident to the preparation of land for the establishment of some other use permitted in the district,provided that: 1. Such use is exempt from the provisions of section 32.0 hereof;or 2.A site development plan for such permitted use shall have been approved in accordance with the provisions of section 32.0 of this ordinance; b.The following regulation shall apply in all zoning districts: 1.Unless otherwise specifically approved to accommodate development pursuant to section 32.0 hereof,no tree within fifteen(15)feet of any perennial stream or water supply impoundment may be cut,except for dead trees or trees of less than six(6)inches in diameter measured at six(6)inches above ground;or in order to provide access for livestock or for another permitted use; c.The foregoing notwithstanding,the zoning administrator may authorize cutting of trees which: 1.Are deemed by the zoning administrator to pose a clearly demonstrable danger to buildings or other structures or otherwise a danger to public safety;or 2.Have been specifically recommended for removal following field investigation by the Virginia Department of Forestry as being virulent or pestilent to other trees in the vicinity; d.For the purpose of this ordinance,the term"tree cutting" shall be deemed to include sawing,burning,bulldozing,poisoning, girdling or any other activity which could reasonably be anticipated to result in the death of a tree.Fill and waste areas shall not be deemed a permitted use but preparatory activity to establish a permitted use. From:Christopher Perez Sent:Wednesday, December 09, 2015 7:30 AM To: 'Ron Higgins'<rhiggins @cobm-cucxnpub.albemarle.org>; Francis MacCall<FMACCALL @albemarle.org> Cc: Megan Yaniglos<myaniglos @albemarle.org>; Bill Fritz<BFRITZ @albemarle.org> Subject:Zoning interpretation - Bonus Factor for Environmental Standards(Section 2.4.1, 15.4.1, and 30.7.4) 3 the preserved slopes should be preserved to the maximum extent practicable consistent with the intent and purpose of this overlay district, d. Trails.Public or private pedestrian and bicycle trails. e.Accessory uses and structures.Any uses or structures accessory to a dwelling unit authorized by subsection(b)(1)(a)and(b)(1)(b). f.Distribution facilities. Water,sewer,energy,and communications distribution facilities. To the extent that distribution facilities are established on preserved slopes,the preserved slopes should be preserved to the maximum extent practicable consistent with the intent and purpose of this overlay district, g.Legislative zoning actions related to the underlying district.Any use or structure approved by the board of supervisors in a zoning map amendment whose location is expressly authorized in an approved application plan,code of development,or an accepted proffer, in a special use permit authorized in the underlying district regulations,or in a special exception authorizing a waiver or modification of the requirements of section 4.2.3;provided that the legislative action is still valid and that the use or structure complies with all requirements and conditions approved or imposed in conjunction with the legislative zoning action. h.Slopes less than 25O based on new topographic information.Any use or structure allowed by right or by special use permit in the underlying district,provided that the owner submits new topographic information that is based on more accurate or better technical data demonstrating,to the satisfaction of the county engineer,that the slopes are less than twenty-five(25)percent. Christopher P. Perez 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext. 3443 From:Scott Collins [mailto:scott @collins-engineering.corn] Sent:Tuesday, December 08, 2015 1:37 PM To:Christopher Perez<cperez@albemarle.org> Subject: RE:SDP2015-55 Sunset Overlook—Initial site plan Chris- Got the comments, and I do have one initial question in regards to the critical slopes and tree preservation. I agree that tree preservation can not be counted when it is in the stream buffer(and I lost that battle earlier), however trees within steep slopes are not protected like trees within a stream buffer. You can cut down a tree on a steep slope, as long as you do not take out the stump (which constitutes land disturbance) but you can not take out a tree within a stream buffer. Therefore, all the trees on these steep slopes could be cleared out and cut down, without disturbing any of the land. I think that is a huge reach to try and remove this opportunity for a bonus density on steep slopes because nothing in the ordinance (unless I am missing something and you can send me some language on it) prevents us from cutting down trees on steep slopes. I would like to discuss this further, or at the meeting on Thursday. Maybe someone from zoning can attend and weigh in on this as well. Thx. Scott From:Christopher Perez [mailto:cperez @albemarle.org] Sent:Tuesday, December 08, 2015 12:57 PM To:Scott Collins Cc: Rex Linville; Margaret Maliszewski Subject:SDP2015-55 Sunset Overlook—Initial site plan Scott, SDP2015-55 Sunset Overlook—Initial site plan Attached are the site review comments for the above referenced project. See you at SRC this Thursday. 5 Christopher Perez From: Gerald Gatobu Sent: Wednesday, December 09, 2015 12:25 PM To: Rachel Falkenstein; Christopher Perez Cc: David Benish Subject: FW: Sunset Ave Extended Attachments: Sunset Ave Extended Final.JPG Rachel and Chris, Please see the email below from Chuck Proctor with regards to right of way dedication needed for the Sunset Avenue Extended (HB2) project. Let me know if you have questions. Gerald Gatobu,AICP, LEED AP Principal Planner-Transportation County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 (434)296-5832 ext 3414 (434)972-4126,fax From: Proctor, Charles C. (VDOT) [mailto:Charles.Proctor @VDOT.Virginia.gov] Sent:Wednesday, December 09, 2015 12:00 PM To:Gerald Gatobu<ggatobu @albemarle.org> Cc:Troy Austin<Nathran.Austin @vdot.virginia.gov> Subject: FW:Sunset Ave Extended Gerald, Here is the sketch (picture)that Kobina developed for the project. There wasn't a typical section included. The description calls for reconstruction of Sunset from the Rivanna Trail connection across from the Ea:le's Landin:. Apartments to the intersection at Old Lynchburg Rd. and Let me know if you have any questions. Thanks, Chuck Charles C. Proctor Ill Culpeper District Planning and Land Development Section Phone 540-829-7558 charles.proctor(a�vdot.virginia.gov From: Gaituah, Kobina (VDOT) Sent: Monday, September 28, 2015 2:50 PM Christopher Perez From: Christopher Perez Sent: Wednesday, December 09, 2015 3:29 PM To: 'Scott Collins' Cc: 'Rex Linville'; Margaret Maliszewski Subject: RE: SDP2015-55 Sunset Overlook— Initial site plan Attachments: SDP201500055-Sunset Overlook- Initial_Site_Plan (revised 12-9-15).pdf Scott, SDP2015-55 Sunset Overlook—Initial site plan The attached packet provides all comments from all reviewers (to include ACSA and Fire&Rescue). Also, comments 7 and 9 were modified slightly per discussions with senior staff. This document shall replace the previous version sent out on Tuesday. Also, I'm awaiting word from Zoning on your request for a determination on the Bonus Factors for the project. Zoning may not have an answer by the SRC meeting tomorrow but we will have it completed prior to County action on the plan. Thank you for your consideration. See you at the meeting. Christopher P. Perez Senior Planner Department of Community Development County of Albemarle, Virginia 401 McIntire Road F Charlottesville,VA 22902 434296.5832 ext. 3443 From:Christopher Perez Sent:Tuesday, December 08, 2015 12:57 PM To: 'Scott Collins'<scott @collins-engineering.com> Cc: 'Rex Linville'<rlinville@pecva.org>; Margaret Maliszewski<MMaI s ewski@albemarle.org> Subject:SDP2015-55 Sunset Overlook—Initial site plan Scott, SDP2015-55 Sunset Overlook—Initial site plan Attached are the site review comments for the above referenced project. See you at SRC this Thursday. Christopher P. Perez]Senior Planner Department of Community Development 1County of Albemarle. Virginia 401 McIntire Road F Charlottesville, VA 22902 434296.5832 ext. 3443 1