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HomeMy WebLinkAboutZMA201300001 Correspondence 2013-04-08 Nomar Al IV AIM ....., ENGINEERS SURVEYORS PLANNERS ASSOCIATES April 8,2013 Claudette Grant, Senior Planner County of Albemarle Department of Community Development 401 McIntire Road,North Wing Charlottesville, Virginia 22902 Re: The Lofts at Meadowcreek—ZMA 201300001 WWA Project No. 213010.00 Dear Ms. Grant: This letter is to document and respond to agency review dated March 25, 2013. Our responses are as follows: A. Planning/Neighborhood Model: 1. Comment: Pedestrian Orientation— Sidewalks are proposed to be provided along Rio Road and connecting to the proposed new building. This principle is addressed. Response: Acknowledged. 2. Comment: Neighborhood Friendly Streets and Paths—The entrance onto the site is a driveway leading to parking under the subject building and to a few parking spaces that are at grade on the property. Sidewalks and pathways are provided on the site along with street trees. This principle is addressed. Response: Acknowledged. 3. Comment: Interconnected Streets and Transportation Networks—Due to the sites location, interconnected streets will be difficult to provide. This property is located on a major road that is proposed for future transit. Providing a transit stop for this area is recommended. This principle is not fully addressed. Response: An area along the Rio Road frontage north of the proposed site entrance from Rio Road has been reserved for a transit stop (see Sheet Number 3 of 5). 3040 Avemore Square Place •Charlottesville,VA 22911 Telephone (434) 984-2700 •Fax(434) 978-1444 Charlottesville •Lynchburg 'groI 4. Comment: Parks and Open Space—The amount of open space provided for this project is minimal. Does it meet the 20% required for green space? If yes, please show it. If the parks/open space provided on the site is not adequate, perhaps providing funding for a sidewalk from this proposed development to nearby Pen Park is an option. This principle is not met. Response: The Open Space Detail on Sheet Number 5 of 5 has been adjusted to delineate open/green park space. Green space exceeds the 20% requirement. 5. Comment: Neighborhood Centers—The minimal open space provided on the site does not appear to be a neighborhood center. The indoor fitness center is relatively small. If there is equipment in the fitness center, is there enough space for a community gathering? This principle is not met. Response: Due to the size of the site, a"Community Center" is not practicable. Applicant will work with its affiliate company to allow residents of Lofts at Meadowcreek to have use of amenities at Treesdale. 6. Comment: Buildings and spaces of Human Scale—The proposed building appears to be three to four stories of living space. The parking area is located below the building. Maximum building height is proposed at 60 feet. He Treesdale project across the street has a height limitation of 35 feet. The site plan for Treesdale also states that "maximum building heights shall not exceed 3 stories and a basement level. Any building taller than 35 feet shall require additional setbacks from the property lines." Depending on how the proposed building works with the terrain of the land, it might not be a space of human scale. Demonstrate how the proposed 60 foot tall building will be a space of human scale. Will the scale of this proposed building be in keeping with the scale of buildings in the surrounding area? This principle is not met. Response: A grade calculation has been provided on Sheet Number 5 of 5. The Code of Development (Section IX) has been revised to demonstrate human scale. 7. Comment: Relegated Parking—The proposed parking is shown to be located under the building and there are a few at grade parking spaces located at the rear of the site. This principle is addressed. Response: Acknowledged. 8. Comment: Mixture of Uses—This proposal does not provide a mixture of uses. Do you wish to request a waiver of this requirement from the Board of Supervisors? If yes, please provide this waiver request. Per Section 20A.8(b) of the Zoning Ordinance, please provide a different use present within one- 3040 Avemore Square Place • Charlottesville,VA 22911 •Telephone (434) 984-2700 • Fax(434)978-1444 Charlottesville •Lynchburg Page 2 of 12 quarter mile of the proposed district that accomplishes the mixture of uses within the neighborhood. This principle is not addressed. Response: A waiver of the Mixture of Uses is being submitted concurrently with the resubmission of the ZMA 201300001 documents. 9. Comment: Mixture of Housing Types and Affordability—This proposal does not provide a mixture of housing types. Do you wish to request a waiver of this requirement from the Board of Supervisors? If yes, please provide this waiver request. Per Section 20A.8(b) of the Zoning Ordinance, this is an infill project. What are the two (2) housing types present within one-quarter mile of the proposed district? How will we know if the VHDA financing has been accomplished? We need something tangible that addresses affordable housing. Will proffers be provided to address the affordable housing requirement? This principle is not addressed. Response: A waiver of the Mixture of Housing Types is being submitted concurrently with the resubmission of the ZMA 201300001 documents. Applicant to provide a Letter of Intent/Commitment Letter from VHDA prior to Board of Supervisors' meeting. Applicant will respond regarding proffers by April 12, 2013 per email correspondence with Claudette Grant dated April 1, 2013. 10. Comment: Redevelopment—This is the redevelopment of an existing single family house. This redevelopment is consistent with the Comprehensive Plan. This principle is met. Response: Acknowledged. 11. Comment: Site Planning That Respects Terrain—The existing building will be replaced by a new larger building. It appears critical slopes will be disturbed. Will a waiver be required or provide information that shows that a waiver is not necessary. Minimal disturbance to the terrain is suggested. Response: A critical slope waiver request is being submitted concurrently with the resubmission of the ZMA 201300001 documents. 12. Comment: Clear Boundaries with the Rural Areas—Not Applicable. Response: Acknowledged. 3040*vemore Square Place • Charlottesville,`TA 22911 •Telephone (434) 984-2700 • Fax(434) 978-1444 Charlottesville •Lynchburg Page 3 of 12 B. Application Plan-Detailed Comments 1. Comment: Transit service is proposed for Rio Road. We suggest you work with staff and CAT representatives to show an appropriate location for a future bus stop on the plans. The County in working with CAT may request additional improvements that relate to future transit service on your site (i.e. bus shelter, bench). Response: See response to Planning/Neighborhood Model Comment 3 — Interconnected Streets and Transportation Networks. 2. Comment: The zoning of Treesdale is actually PRD, not R-4 as labeled on drawing. Response: Sheets 2, 3 and 4 of 5 have been revised to denote the PRD zoning district for the Treesdale project. 3. Comment: Sheet 2 of 5 shows the adjacent property as Pine Crest Orchids, which apparently is no longer located there. Response: The reference to Pine Crest Orchids has been deleted. 4. Comment: Make sure you have addressed Section 20A.4(d) of the Zoning Ordinance. Response: As of 4/1/13, this Section of the Zoning Ordinance has been repealed. However, the plan has been revised to address this comment. The existing topography is field shot by WW Associates. The source of survey/topography to include horizontal and vertical datum has been added to the Site Data Information on the Application Plan cover sheet. Conceptual grading at the rear of the building has been added along with additional spot elevations (see Sheet Number 4 of 5). C. Code of Development (COD)-Detailed Comments 1. Comment: Page 1 —The "Pine Crest Orchids" home occupation is no longer on the adjacent site there is a new home occupation for acupuncturist located in the residence. The property to the south is residential with home-occ, not "retail location". Response: The Code of Development has been revised to reflect current use of property to the south. 3040 Avemore Square Place • Charlottesville,`T A 22911 •Telephone(434) 984-2700 • Fax(434)978-1444 Charlottesville •Lynchburg Page 4 of 12 *oar Nwov 2. Comment: Page 2—Master Plan for Development Area Section should refer to Places 29 Master Plan. Response: The Code of Development has been revised to reference Places 29 Master Plan. 3. Comment: Page 5 —The number of parking spaces provided does not seem adequate for 65 residential units. Response: The Code of Development has been revised to increase parking from sixty-eight to seventy-four parking spaces. A waiver of the off-street parking requirements is being submitted concurrently with the resubmission of the ZMA 201300001 documents. 4. Comment: It may be useful (easier to keep track of) to show open space area as a block with no development. Response: The open space area has been provided in a block area format and tabulated. The Code of Development table has been revised. 5. Comment: Page 6—V. Table of Uses by Block, Should this be V. or VI.? How does this table relate to V.(1) on page 5? What does the P in the table stand for, permitted or prohibited? Are accessory uses and buildings including storage buildings permitted or not? This is a bit confusing. Response: The Code of Development table has been revised. 6. Comment: Page 6, maximum density in units per acre should be 23 not 24. Response: Sixty-five units are proposed on 2.80 acres yielding 23.21 units per acre, which is rounded up to 24 units per acre. 7. Comment: Page 8 —IX. Architecture form, massing, and proportions of structures. The features are not illustrative as described on page 2, but committed to with the language on page 8. Please clarify. Response: The Code of Development has been revised with details regarding features. 3040 Avemore Square Place • Charlottesville,VA 22911 •Telephone(434) 984-2700 • Fax(434)978-1444 Charlottesville •Lynchburg Page 5 of 12 8. Comment: Page 8 —X. Landscape Treatments, confirm that this section is consistent with the Zoning Ordinance regulations and that the Virginia Landscapes list is consistent with Albemarle County list. Response: The Code of Development has been revised. 9. Comment: Page 9— Stormwater Management, where is Exhibit A on the Application Plan? What is proposed: basin detention, retention, bio-filter/rain garden? How will it be designed and related to the open space "Community Center Park" as described in the COD? In summary, provide more information. Response: Exhibit A to the Code of Development is the reduced copy of the Lofts at Meadowcreek Application Plan. The proposed stormwater facility has been graded out and labeled accordingly. 10. Comment: Make sure you have addressed Section 20A.5(c), Section 20A.5(i), Section 20A.5(i)(7) of the Zoning Ordinance. Response: Section 20A.5(c): A waiver of the Mixture of Housing Types is being submitted concurrently with the resubmission of the ZMA 201300001 documents. Section 20A.5(i): See Exhibit A and Code of Development Sections V, VI, VII, VIII, IX Section 20A.5(i)(7): Not applicable. D. Zoning—The following comments related to zoning matters have been provided by Ron Higgins: 1. Comment: A critical slopes waiver will be needed. Response: This waiver request is being submitted concurrently with the resubmission of the ZMA 201300001 documents. 2. Comment: The height limit of the proposed building needs to be measured per the zoning ordinance, from the curb elevation at the street. If the intent is for the maximum building height to be 60 feet from the curb elevation at the street, this scale would not necessarily seem appropriate for this area. Response: A calculation of"Height of Building" in accordance with the Albemarle County Zoning Ordinance definition has been provided on Sheet 3040 Avemore Square Place •Charlottesville,V A 22911 •Telephone (434) 984-2700 •Fax(434)978-1444 Charlottesville •Lynchburg Page 6 of 12 ggo Number 5 of 5. Section IX of the Code of Development has been revised with details regarding building scale. 3. Comment: This will require a parking analysis and modification for the number of spaces proposed. Response: A waiver of the off-street parking requirements is being submitted concurrently with the resubmission of the ZMA 201300001 documents. Section 20A.3.b regarding parking study requirements has been repealed effective 4/1/2013. 4. Comment: The uses shown as "Community Center" do not meet the definition for such centers. Response: Due to the size of the site, a"Community Center" is not practicable. Applicant will work with its affiliate company to allow residents of Lofts at Meadowcreek to have use of amenities at Treesdale. E. Engineering and Water Resources—The following comments related to engineering and water resources have been provided by Michael Koslow: 1. Comment: Please revise entrance to prevent currently proposed skewed intersection with Rio Road. Response: The entrance horizontal geometry has been revised accordingly to eliminate the skew. 2. Comment: Recommend coordination with the proffered Treesdale traffic signal; will defer to VDOT regarding if a traffic impact analysis is warranted. Response: The Rio Road frontage improvements were coordinated with Mr. Joel DeNunzio, P.E. of the VDOT Charlottesville Residency. As required by Mr. DeNunzio, these improvements are not within the functional area of the intersection to be signalized (Rio Road— State Route 631 and Pen Park Lane— State Route 1481). The improvements shown were agreed upon with Mr. DeNunzio to mitigate project traffic impacts. Per our March 27, 2013 meeting, you agreed to defer this issue to VDOT. 3. Comment: Please reroute SWM access road. It is unrealistic to stop traffic on Rio Road for maintenance activities for the BMP pond as proposed. Due to infrequency of maintenance, will defer to VDOT if maintenance traffic every 6 months is acceptable. 3040 Avemore Square Place • Charlottesville,`TA 22911 •Telephone(434) 984-2700 • Fax(434) 978-1444 Charlottesville •Lynchburg Page 7 of 12 Response: Per our 3/27/13 meeting, it was agreed that you would defer to VDOT on this issue. 4. Comment: Please indicate proposed grading for SWM facility. Proposed fill over existing sewer main at north end of property would need to be coordinated with ACSA. Response: The requested grading has been added to the plan (see Sheet Number 4 of 5). The grading reflects the volumes/surface area required and does not impact the existing ACSA facilities. 5. Comment: Please re-route proposed lot drainage. Proposed pipe cannot conflict with proposed building for maintenance purposes. Please provide a minimum 10' buffer between edge of building and pipe centerline. Response: The drainage pipe has been revised as requested (see Sheet Number 4 of 5). 6. Comment: Please designate area shown as "New Treeline" on sheet 4 as a conservation area [18-8-4.e.1] as indicated on p. 4 I-11 "Site Planning That Respects Terrain" in proposed Code of Development. A minimum of 20% of the gross acreage proposed to be rezoned must be devoted to green space [18- 20A.9.a.1]. Response: Per our 3/27/13 meeting, it was agreed to delete the New Treeline and replace with tabulated green/open space area at a minimum of 20 percent. F. VDOT—Comments have not been received. Staff will send comments upon receipt. See response to Comment E.2. above G. ASCA/RWSA—Comments have not been received. Staff will send comments upon receipt. The following comments related to Rivanna Water and Sewer Authority (RWSA) has been provided by Victoria Fort: 1. Comment: There are ongoing discussions between the RWSA and ACSA regarding the location of the water service tap. This may be resolved during the site plan review. Response: Acknowledged and will be resolved with the site plan review process. H. Fire/Rescue— See the attachment for comments related to Fire/Rescue that have been provided by Howard Lagomarisno. 3040 Avemore Square Place • Charlottesville,`TA 22911 •Telephone (434) 984-2700 •Fax (434)978-1444 Charlottesville •Lynchburg Page 8 of 12 As agreed upon in our 3/27/13 meeting, you concurred that the Fire Marshal's comments could be addressed by stating that each comment is acknowledged and that it is to be addressed during the Site Plan Review process. 1. Comment: Every building or facility shall have an approved fire access road that shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building (503.1.1). Response: This comment is acknowledged and will be addressed during the Site Plan Review process. 2. Comment: Fire apparatus access roads shall have a minimum, unobstructed width of 20 ft. and vertical clearance of 13 ft. 6 inc. (503.2.1) Dimensions. Response: This comment is acknowledged and will be addressed during the Site Plan Review process. a) Comment: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway (D105.1). Response: This comment is acknowledged and will be addressed during the Site Plan Review process. b) Comment: Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. Response: This comment is acknowledged and will be addressed during the Site Plan Review process. c) Comment: At least one of the required access routes meeting this conditions hall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building (D105.3). Response: This comment is acknowledged and will be addressed during the Site Plan Review process. d) Comment: Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table 3040 Avemore Square Place • Charlottesville,VA 22911 ■Telephone(434) 984-2700 • Fax(434)978-1444 Charlottesville •Lynchburg Page 9 of 12 D103.4 (generally: 150 ft. to 500 ft. dead end road will require either a 96 ft. radius cul de sac, 60 ft. "Y" or 120 ft. hammerhead) (D103.4). Response: This comment is acknowledged and will be addressed during the Site Plan Review process. 3. Comment: Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided (504.1). Response: This comment is acknowledged and will be addressed during the Site Plan Review process. 4. Comment: New and existing buildings shall have approved address numbers and building numbers. Response: This comment is acknowledged and will be addressed during the Site Plan Review process. 5. Comment: Approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Response: This comment is acknowledged and will be addressed during the Site Plan Review process. 6. Comment: Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where? Response: This comment is acknowledged and will be addressed during the Site Plan Review process. 7. Comment: Access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure (505.1). Response: This comment is acknowledged and will be addressed during the Site Plan Review process. 8. Comment: The fire department connection shall be indicated by an approved sign mounted on the street front on the side of the building. Such sign shall have the letters "FDC" at least 6 inches (152 mm) high and words in letters at least 2 inches (51 mm) high or an arrow to indicate the location. All such signs shall be subject to the approval of the fire code official (912.2.2). 3040 Avemore Square Place • Charlottesville,VA 22911 •Telephone (434) 984-2700 • Fax (434) 978-1444 Charlottesville •Lynchburg Page 10 of 12 Response: This comment is acknowledged and will be addressed during the Site Plan Review process. 9. Comment: Immediate access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or moveable object. Access to fire department connections shall be approved by the fire chief(912.3). Response: This comment is acknowledged and will be addressed during the Site Plan Review process. 10. Comment: Clear space around connections. A working space of not less than 36 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height shall be provided and maintained in front of and to the sides of wall-mounted fire department connections and around the circumference of free-standing fire department connections, except as otherwise required or approved by the fire chief(912.3.2). Response: This comment is acknowledged and will be addressed during the Site Plan Review process. I. Housing—The following comments related to Housing have been provided by Ron White: 1. Comment: Proffers have not been provided. See Proffer section below for proposed suggestions. If you do not want to provide proffers for affordable housing, you should justify your reason. One explanation could be that Treesdale, located across Rio Road has 88 units of tax credit support affordable housing. Response: Applicant will respond regarding proffers by April 12, 2013 per email correspondence with Claudette Grant dated April 1, 2013. J. Proffers 1. Comment: Proffers have not been submitted. A proffer statement is needed with the application. Response: Applicant will respond regarding proffers by April 12, 2013 per email correspondence with Claudette Grant dated April 1, 2013. 3040 Avemore Square Place • Charlottesville,`JA 22911 •Telephone(434) 984-2700 • Fax(434) 978-1444 Charlottesville •Lynchburg Page 11 of 12 2. Comment: More information is needed on housing affordability to assess any housing proffers. Staff suggests proffering a certain number/percentage of units meeting the County's affordable criteria which would allow those units to not be subject to the capital proffers. Response: Applicant will respond regarding proffers by April 12, 2013 per email correspondence with Claudette Grant dated April 1, 2013. 3. Comment: Cash proffers need to be provided. Response: Applicant will respond regarding proffers by April 12, 2013 per email correspondence with Claudette Grant dated April 1, 2013. 4. Comment: Will amenities be proffered? Response: Applicant will respond regarding proffers by April 12, 2013 per email correspondence with Claudette Grant dated April 1, 2013. I trust that the above responses and plan changes properly address the outstanding items. If there are any questions, please contact me. Sincerely, WW Associates, Inc. Vaiv-c;//111,An-a24-2_ David M. Jensen, P.E. Vice President 3040 Avemore Square Place • Charlottesville,VA 22911 •Telephone (434) 984-2700 • Fax(434) 978-1444 Charlottesville •Lynchburg Page 12 of 12 lea u[esltolrne ]Lainld, lL..IL..(C""j 1821 Avon Street,Suite Zoo Charlottesville,Virginia 22902 Phone:434.979.2900 ]Fax:434-979`0001 May 13, 2013 Claudette Grant, Senior Planner County of Albemarle Department of Community Development 401 McIntire Road,North Wing Charlottesville, VA 22902-4596 Re: The Lofts at Meadowcreek—ZMA 201300001 WWA Project No. 213010.00 Dear Ms. Grant: This letter is to document and respond to agency review dated May 1, 2013. Our responses are as follows: A. Planning/Neighborhood Model: 1. Comment: Interconnected Streets and Transportation Networks—Rev. 2 The application plan now shows an area fronting on Rio Road, north of the proposed site entrance that has been reserved for a transit stop. A proffer addressing the transit reservation area is also provided. This principle is addressed. Response: Acknowledged. 2. Comment: Parks and Open Space—Rev. 2 Sheet 5 of the plans now shows the breakdown of the open/green space at the required 20%. As previously described above, staff believes this could be an opportunity to provide funding for a sidewalk from this proposed development to nearby Pen Park. Since you have met the required 20%, this is a suggestion and not a requirement. This could be a good opportunity to provide pedestrian interconnection, an outdoor amenity, since what is being proposed is somewhat minimal. It is possible that providing this funding for a future sidewalk could assist you in mitigating impacts from the proposed development. This principle is addressed. Response: Acknowledged. Applicant requires information regarding existing proffers regarding sidewalks for adjacent parcel (Charlottesville Catholic School). 3. Comment: Neighborhood Centers—Rev. 2 While it is understood that there are site constraints relating to size and the inclusion of a neighborhood center, staff wonders about the practicality of resident crossing the very busy Rio Road to access amenities at the Treesdale community across the street. This principle is not fully met. Response: A neighborhood center, as envisioned for larger Neighborhood Model developments, is not practicable for this site. Applicant has addressed this principle to the extent feasible by providing a fitness center that can accommodate informal community gatherings. In addition, by providing access to amenities at the nearby Treesdale community (Phase 1), residents at all income levels will have an increased opportunity for interaction. The Land Use standards for the Development Areas recognize that "as individual proposals are considered, all of.the principles of the Neighborhood Model...may not he equally applicable to any specific proposal. _It is recognized that there are multiple applications of the principles of'the Neighborhood Model and balanced, rational and reasonable application of those principals is expected. " Albemarle County Land Use Plan Amended July 10, 2002, page 19. 4. Comment: Buildings and Spaces of Human Scale—Rev. 2 Sheet 5 of the plans now provides a grade calculation for the building and the Code of Development provides information demonstrating the human scale of the building. This principle is met. Response: Acknowledged. 5. Comment: Mixture of Uses—Rev. 2 A waiver request has now been submitted. This principle is now addressed. Response: Acknowledged. 6. Comment: Mixture of Housing Types and Affordability—Rev. 2 A waiver request has now been submitted. Proffers addressing affordable housing have been provided. Applicant will provide a Letter of Intent/Commitment Letter from VHDA prior to board of Supervisor's meeting. This principle is now addressed. Response: Acknowledged. Approval for Virginia Housing Development Authority (VHDA) funding is contingent upon resolution by Board of Supervisors as required by VA Code§ 36-55.30:2B. 7. Comment: Site Planning That Respects Terrain—Rev. 2 A critical slope waiver request is now submitted. This principle is now addressed. Response: Acknowledged. B. Application Plan—Detailed Comments 1. Comment: The note on Sheet 4 of 5 states new building structure 1 story garage 2 story loft units building height 60' from garage floor to roof peak see height of building calculations sheet 4 of 5. Should say sheet 5 of 5. Response: The sheet reference has been corrected. Also, the building height has been corrected. 2. Comment: Provide more details for area reserved for Jaunt/CAT. For example, the language shown on the plan should be similar to the language in the proffer, so there is no misinterpretation of what is being referred to or requested. Also the plan should reference the related proffer so that someone reviewing the plan knows there is a specific proffer related to this area on the plan. Response: A detail of a combined Jaunt/CAT bus pull-off has been added to Sheet 5. The location reference for the bus pull-off has been deleted on Sheet 4 and replaced with a note specifying the mechanism of locating the bus pull-off. 3. Comment: This is not a requirement, primarily a suggestion: While the proposal is consistent with the Master Plan, the proposed building is larger and denser than the existing single family residence, and it will be a change for the existing adjacent residence. Consider providing and making a commitment on the plan to a landscaped buffer and/or fence to the area on the subject site that is adjacent to the existing residence. Staff suggests working this out with the adjacent resident. Response: Acknowledged. C. Code of Development(COD)—Detailed Comments 1. Comment: Exhibit A should be labeled. I think this refers to the plan? Response: The Application Plan is Exhibit A. which has been labeled as such in the upper right corner. 2. Comment: Page 2— The last sentence in the first paragraph - "Specific lot boundaries and building locations shown on exhibits are for purposes of illustration only and should not be construed as final." is confusing, as the plan is typically proffered. How much change in the location of lot boundaries and buildings, do you anticipate? It is possible that minor changes might be acceptable and/or could potentially be varied if needed. Stating illustrative only could leave a wide range of possibilities. Please provide some clarification. Response: The last sentence in the first paragraph of Page 2 has been deleted. 3. Comment: Page 3 —5. Neighborhood Centers states that Residents at the Lofts of Meadowcreek will have access to amenities across the street at Treesdale through a Shared amenities Agreement to be recorded prior to issuance of Certificate of Occupancy. The amenities provided on the site are minimal and could benefit from being upgraded. While we understand what you are proposing, this seems like an awkward agreement to enforce in the code of development. Should it be a proffer? Response: The common ownership of Treesdale and Lofts at Meadowcreek allows for ease in sharing amenities between the properties. The same management company will provide leasing and maintenance services for both properties, and would ensure the shared uses. 4. Comment: Page 5 The blocks should be delineated on the plan to avoid any confusion. Response: The plan has been revised to delineate the land mass associated with Blocks A & B. 5. Comment: Page 5 The paragraph referring to Block A describes Parking for 70 cars and 4 surface parking spaces will be provided. These numbers are not consistent with what is described on the cover sheet of the plan. Please clarify. Response: The Code of Development has been revised to match the revised parking shown on sheet 4 of the Application Plan. 6. Comment: Page 8 —IX. Architecture form, massing, and proportions of structures. It is somewhat confusing to have illustrations in the code of development, which is meant to be the code for how a project is developed. Illustratives that are examples and not standards begin to be unclear for reviewers regarding what you count and do not count. Please clarify. One suggestion might be to attach this information as an example that is not part of the code of development. Response: Architectural illustrations have been removed from the Code of Development, and are now attached as examples, and Code of Development language has been revised to clarify. D. Zoning—The following comments related to zoning matters have been provided by Ron Higgins: 1. Comment: Need more justification for parking modification (parking data?). Response: A revised parking modification letter with ITE data is included in this submittal. 2. Comment: Parking modification request has errors in# of garage vs. surface spaces. Response: See response to comment D. 1. 3. Comment: Height calculation method is acceptable. However, top of roof is 512.1 on cross-section, not 520.5, resulting in height of 45.2'. Note that this height is more than that of surrounding properties. Response: The building height calculation on Sheet 5 has been corrected. As noted in Section IX, due to the contours of the property, the highest point of the loft roof is 35' above the average street elevation along Rio Road. In addition. height calculations for the neighboring Treesdale development range from 35' to 44'. E. Engineering and Water Resources—The following comments related to engineering and water resources have been provided by Michael Koslow: 1. Comment: Critical slope waiver request was reviewed and engineering recommends approval of the critical slope impacts waiver request. Response: This is understood. F. VDOT—Comments have not been received. Staff will send comments upon receipt. G. Fire/Rescue—Provided by Howard Lagomarisno As we have discussed, it is important that you understand the concerns raised by Fire/Rescue. Mr. Lagomarisno has explained that the current plan would not be approved by Fire/Rescue. And Fire/Rescue has overriding authority on site plans over planning. In other words, a non-approval from Fire/Rescue could hold up the approval of this site plan and development until the outstanding issue is resolved. Mr. Lagomarisno did explain that one way to resolve this issue would be to sprinkler the building. You have verbally explained that this is something you plan to do. Providing this information to us in writing will assist us in resolving this issue. 1. Comment: Every building or facility shall have an approved fire access road that shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building (503.1.1) Response: An automatic sprinkler system will be installed in the building. Applicant anticipates the system will conform to National Fire Protection Association NFPA 13R: Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies. This item will be addressed during the Site Plan review process. 2. Comment: Fire apparatus access roads shall have a minimum, unobstructed width of 20 ft. and vertical clearance of 13 ft 6 in. (503.2.1) Dimensions. Response: See response to comment G.1. 3. Comment: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway (D105.1). Response: See response to comment G.1. 4. Comment: Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet(7925 mm), exclusive of shoulders, in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. Response: See response to comment G.1. 5. Comment: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building (D105.3). Response: See response to comment G.1. 6. Comment: Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4 (generally: 150 ft to 500 ft dead end road will require either a 96 ft radius cul de sac, 60 ft"Y" or 120 ft hammerhead) (D103.4). Response: See response to comment G.1. 7. Comment: Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided (504.1). Response: This comment is acknowledged and will be addressed during the Site Plan review process. 8. Comment: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure (505.1). Response: This comment is acknowledged and will be addressed during the Site Plan review process. Comment: Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life- saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official (506.1). • Response: This comment is acknowledged and will be addressed during the Site Plan review process. Comment: An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction (507.1). Response: This comment is acknowledged and will be addressed during the Site Plan review process. 9. Comment: The building construction type and size will be needed to determine fire flow requirement and hydrant spacing. Response: This comment is acknowledged and will be addressed during the Site Plan review process. 10. Comment: Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression or control elements shall be identified for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location shall be constructed of durable materials,permanently installed and readily visible (509.1). Response: This comment is acknowledged and will be addressed during the Site Plan review process. Comment: Approved access shall be provided and maintained for all fire protection equipment to permit immediate safe operation and maintenance of such equipment. Storage, trash and other materials or objects shall not be placed or kept in such a manner that would prevent such equipment from being readily accessible (509.2). Response: Acknowledged. Details to be provided in the Site Plan which shall be submitted for review and approval. 11. Comment: With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connections shall be approved by the fire chief(912.2). Response: This comment is acknowledged and will be addressed during the Site Plan review process. 12. Comment: Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the fire chief(912.2.1). Response: This comment is acknowledged and will be addressed during the Site Plan review process. 13. Comment: Fire hose threads and fittings used in connection with automatic sprinkler systems shall be as prescribed by the fire code official (903.3.6). Response: This comment is acknowledged and will be addressed during the Site Plan review process. 14. Comment: The location of fire department connections shall be approved by the fire code official (903.3.7). Response: Acknowledged. Details to be provided in the Site Plan which shall be submitted for review and approval. 15. Comment: The building construction type and size will be needed to determine fire flow requirement and hydrant spacing (there will be a requirement that a hydrant be within 50 feet of the fire department connection and arranged so that when an engine is connected to the hydrant and FDC, it does not obstruct access for other apparatus). Response: This comment is acknowledged and will be addressed during the Site Plan review process. 16. Comment: The fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" at least 6 inches (152 mm) high and words in letters at least 2 inches (51 mm) high or an arrow to indicate the location. All such signs shall be subject to the approval of the fire code official (912.2.2). Response: This comment is acknowledged and will be addressed during the Site Plan review process. 17. Comment: Immediate access to fire department connections shall be maintained at all times and without obstruction by fences, bushes,trees, walls or any other fixed or moveable object. Access to fire department connections shall be approved by the fire chief(912.3). Response: This comment is acknowledged and will be addressed during the Site Plan review process. 18. Comment: Clear space around connections. A working space of not less than 36 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height shall be provided and maintained in front of and to the Nfte sides of wall-mounted fire department connections and around the circumference of free-standing fire department connections, except as otherwise required or approved by the fire chief(912.3.2). Response: This comment is acknowledged and will be addressed during the Site Plan review process. 19. Comment: Sufficient fire flow for a project this size needs to be provided. Response: This comment is acknowledged and will be addressed during the Site Plan review process. H. Proffers: 1. Comment: Proffer 1 needs more detail. For example, does this refer to both travel lanes or one side of traffic? When is this going to happen? What is the trigger? Response: Proffer 1 has been revised. 2. Comment: Proffer 2 language needs to be consistent. For example, if you are referring to bus pull-off then refer to bus pull-off in the entire paragraph instead of lane located within the Property. Also see previous comment in this letter regarding application plan and note on the plan referring to the location of CAT and JAUNT service. Have you checked to make sure that this location is adequate for JAUNT? They typically prefer to drop off and pick up at the building door. Response: Proffer 2 has been revised. 3. Comment: Proffer 3 the sentence at the top of page 2.seems to be referring to for sale units and I do not think there are any for sale units in this development. Please clarify. Response: Proffer 3 has been revised. 4. Comment: Cash proffers have not been provided. You have submitted a letter describing a request for credit from the Treesdale Park project. As you are aware, the County has a cash proffer policy in which applicant's with proposed residential development offer cash proffers for the issues covered by the policy, as there are impacts to the County's capital improvements pertaining to roads, public safety, libraries, schools and parks that would be impacted by the rezoning but are not being addressed. By not providing cash proffers this level of impacts to the County from this proposed development is not being addressed. Let us know if there are other improvements related to your proposed development that you plan on providing that we are not aware of. Perhaps they could help mitigate the impacts that may occur from this proposed development. As you have proposed with the Treesdale development, I am not aware of previously developed projects serving as mitigation to impacts for a future development, unless it is part of a phased development. Ultimately, the decision regarding cash proffers and whether they are acceptable or not comes from the Board of Supervisors. Response: Acknowledged. 5. Comment: As previously mentioned in this letter, will amenities be proffered? Response: The Application Plan which includes the on-site amenities is included in the proffers. The following comments related to the proffers have been provided by Ron White: 1. Comment: I question why the affordable units in this development would be specifically designated. Generally for rental property, the requirement would be to maintain the minimum number of units as affordable but those units could float within the development. If other funding sources require that the units be specifically designated, we can work with that but I don't see a need for our part. Response: Proffer 3 has been revised. 2. Comment: The last sentence of 3. describes affordability for for-sale units. Since earlier in that section it states that the units will be for lease,this could be deleted from the proffers. Response: Proffer 3 has been revised to delete the reference to for-sale units. 3. Comment: Under 3.A. the first sentence would read better as ... maximum net rent provided by the County Office of Housing based on fair market rents published by the U.S. Department of Housing and Urban Development. Response: Proffer 3 has been revised to address this comment. 4. Comment: Under 3.C., we probably do not need a copy of the rent or lease agreement. Rather as each affordable unit is leased, we should be provided a unit number, last name of tenant, lease date, and lease amount. The last sentence provides the option to request leases if we feel like we need them. Response: Proffer 3 has been revised to address this comment. Comment: Section 4. should be deleted from the proffers since there is nothing in our policy defining "workforce housing". As proposed,the requirement for units serving households up to 120% of the area median income is a commitment to one of the funding sources. That source would be better equipped to monitor this condition. Response: Proffer 4 has been deleted. I trust that the above response and plan changes properly address the outstanding items. If there are any questions, plea - : :tact me. Sincerely, 4111Or'.A0 William N. Park Manager Now Original Proffers X Amendment PROFFER STATEMENT ZMA No. 2013-00001,Lofts at Meadowcreek Tax Map and Parcel Number(s): 061A0-00-00-01500 and 061A0-00-00-01700 Owner(s)of Record: MARY J. DICKENS Date of Proffer Signature: APRIL ,2013 2.8+/-acres to be rezoned from RESIDENTIAL-R-4 to NEIGHBORHOOD MODEL DISTRICT(NMD) MARY J. DICKENS is the owner(the"Owner") of Tax Map and Parcel Number 061A0-00-00-01500 and 061A0-00-00-01700(the"Property") which is the subject of rezoning application ZMA No. 2013-00001, a project known as"LOFTS AT MEADOWCREEK"(the"Project"). The term "Owner"as referenced herein shall include within its meaning the owner of record and successors in interest. The "Application Plan"refers to Exhibit A to the Code of Development last revised May 10, 2013 Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. 1. Rio Road Improvements. At its expense,the Owner shall plan, design, bond and construct travel lane improvements to be dedicated for public use on its land fronting Rio Road (State Route 631) in general accord with the Application Plan. Construction shall occur in sequence with construction activities of the proposed multi-family structure and issuance of required permits by County of Albemarle and/or Virginia Department of Transportation (VDOT). After issuance of Certificate(s) of Occupancy, Owner shall coordinate road acceptance procedure with VDOT. 2. Transit Reservation Area. The Owner shall reserve an area for a bus pull-off from Rio Road within the northwest portion of the Property within the common open space in general accord with the Application Plan. Should fixed-route bus service associated with the Charlottesville Area Transit(CAT) ever be extended to serve the section of Rio Road adjacent to the site, upon demand of the County,the Owner, at its own expense, shall construct the bus pull-off to accommodate a bus pulling off Rio Road and picking up riders. In conjunction with the bus pull-off area,the Owner shall also construct a small transit shelter to complete the bus stop. The specific design standards of the bus pull-off and the shelter shall be determined by VDOT,CAT, and the Director of Community Development within sixty days of the County's formal request for the transit stop. In the absence of any fixed-route service,the Project shall be designed to accommodate the CAT On-demand Link or JAUNT service within the community as a means of providing public access to residents per the existing programs. 3. Affordable Housing. The Owner shall provide affordable housing equal to twenty percent(20%)of the total residential dwelling units within the Project in the form of for-lease affordable dwelling units(the "Affordable Units"or"Affordable Dwelling Units"). Each site plan for land within the Property shall note the aggregate number of units designated for Affordable Units. The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the Property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 80%of the area median family income (the "Affordable Unit Qualifying Income"), such that tenant- 1 Now' wr+' paid rent and tenant-paid utilities(with allowances for utilities to be those adopted by the Housing Office for the Housing Choice Voucher Program) do not exceed 30% of the Affordable Unit Qualifying Income. A. Rental Rates for Affordable Units The initial net rent for each for-rent Affordable Unit when the Unit(s) is available for occupancy shall not exceed the then-current and applicable maximum net rent provided by the County Housing Office based on fair market rents published by the U.S. Department of Housing and Urban Development. In each subsequent calendar year,the monthly net rent for each for-rent affordable unit may be increased up to three percent(3%). For purposes of this proffer statement,the term "net rent" means that the rent does not include tenant-paid utilities. The requirement that the rents for such for-rent Affordable Units may not exceed the maximum rents established in this paragraph 3A shall apply for a period of five (5)years following the date the certificate of occupancy is issued by the County for each for-rent Affordable Unit, or until the units are sold as affordable units as defined by the County's Affordable Housing Policy approved by the Board of Supervisors February 4, 2005, whichever comes first(the "Affordable Term"). B. Conveyance of Interest—All instruments conveying any interest in the for-rent affordable units during the Affordable Term shall contain language reciting that such unit is subject to the terms of this paragraph 3. In addition, all contracts pertaining to a conveyance of any for-rent affordable unit, or any part thereof, during the Affordable Term shall contain a complete and full disclosure of the restrictions and controls established by this paragraph 3. At least thirty(30)days prior to the conveyance of any interest in any for-rent affordable unit during the Affordable Term, the then- current owner shall notify the County in writing of the conveyance and provide the name, address and telephone number of the potential grantee, and state that the requirements of this paragraph 3 have been satisfied. C. Reporting of Rental Rates—During the Affordable Term, within thirty(30) days of each rental or lease term for each for-rent affordable unit, the then-current owner shall provide to the Albemarle County Housing Office the unit number, last name of tenant, lease date, and lease amount. In addition, during the Affordable Term,the then-current owner shall provide to the County, if requested, any reports, copies of rental or lease agreements, or other data pertaining to rental rates as the County may reasonably require. OWNER MARY J.DICKENS 21039460_2.doc 2