Loading...
HomeMy WebLinkAboutZMA201500006 Review Comments Zoning Map Amendment 2016-02-19p� 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 February 19, 2016 Meridian Planning Group 1413 Sachem Place Suite 4 Charlottesville, VA 22901 tmiller@meridianwbe.com RE: ZMA201500006 Shadwell Estates Dear Tim: Staff has reviewed your resubmittal for the amendment to ZMA1977-24 to allow for 7 residential lots. We have a few final 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. The major issues that staff feels should be addressed before moving forward to the Planning Commission are summarized below. These comments are outlined in more detail following this list. Submit an updated proffer list. The important elements of the development should be provided as a written proffer, such as: the number of lots, features to be preserved such as slopes and green space, open space and amenities, etc. Staff still recommends lots be pulled out of stream buffer and critical slopes. If you intend to keep these features on private lots by using the "tree preservation easement" to prevent disturbances, consider proffering the easement and include information as to how this will be enforced once lots are converted to private property owners. Is the easement intended to coincide with the stream buffer boundary? Private Road request is lacking information needed for staff to analyze the request in accordance with section 14-232(A)(1). Provide information as requested below. Critical slopes request is lacking information needed for staff to analyze the request in accordance with section 4.2.5(A)(1). Provide information as requested below. Building sites shown still do not meet requirements of section 4.2.2(A)(1) for a rectangular building site. Application plan should include all elements listed from Section 33.4(C)(8). Add use table on the plan that states the type and number of dwelling units, building stories and/or heights, maximum and minimum setbacks and percentage of open space. Provide information as to whether or not this dam is certified with DCR and in compliance with dam safety guidelines. Additional Comments Planning Comments (Rachel Falkenstein) Critical slopes waiver request: Provide analysis of how the request will address the following, as required by section 4.2.5(A)(1), for staff to analyze the Critical Slopes request: i. Rapid and/or large-scale movement of soil and rock, ii. Excessive stormwater run-off, iii. Siltation of natural and man-made bodies of water, iv. Loss of aesthetic resources, and, V. In the event of septic system failure, a greater travel distance of septic effluent (collectively referred to as the "public health, safety, and welfare factors") that might otherwise result from the disturbance of critical slopes. Private street authorization request: Privacy is not a condition on which the ordinance allows for private streets to be authorized. The Planning Commission may authorize a private street if it will alleviate significant degradation to the environment in accordance with section 14-232(A)(1), the lots will be used for non-residential or non- agricultural purposes, or if it will promote the general welfare as opposed to the proprietary interest of the subdivider. Provide further justification for the private street request under one of the three categories above. If you intend to argue the street will alleviate significant degradation to the environment, then more information should be provided as listed below. Staff currently does not have enough information to analyze numbers (ii) and (v) below: i. The property is within either the rural areas (RA) or village residential (VR) zoning districts; ii. The private streets will alleviate a clearly demonstrable likelihood of significant degradation to the environment of the property or any land adjacent thereto resulting from the construction of a public street in the same alignment; iii. No alternative public street alignment is available which would alleviate significant degradation of the environment; iv. No more lots are proposed on the private streets than could be created on a public street due to right-of-way dedication; and V. The proposed private streets demonstrably promote sensitivity toward the natural characteristics of the land and encourages the subdivision of land in a manner that is consistent and harmonious with surrounding development. The term "significant degradation" means either: a. The total volume of grading for construction of a public street would be thirty (30) percent or more than that of a private street in the same alignment, based upon profiles, typical sections, earthwork computations, and other information deemed necessary by the county engineer, submitted by the subdivider and reviewed by the county engineer; or 2 b. Environmental impacts including, but not limited to, erosion and sedimentation, stormwater runoff, surface water pollution, loss of tree cover and/or the loss of indigenous vegetation resulting from a public street, which would be substantially greater than that of a private street in the same alignment, based upon evidence submitted by the subdivider and reviewed by the county engineer and other qualified staff. Building sites: Each lot is required to have a 30,000 square foot rectangular building site meeting the requirements of section 4.2.2(a) and 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. This issue can be considered with subdivision plat, but board approval would be needed for the waiver. 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). Narrative and Application Plan: Application plan should include all elements listed from Section 33.4(C)(8). Add use table on the plan that states the type and number of dwelling units, building stories and/or heights, maximum and minimum setbacks and percentage of open space. While soils work is not required at this time, please note that the subdivision plat cannot be approved until Virginia Department of Health has reviewed and approved the location of primary and reserve drainfields. Staff recommends that the stream buffer be part of the open space in this development rather than on the individual lots. Proffers: Submit an updated proffer list. The important elements of the development should be provided as a written proffer, such as: the number of lots, features to be preserved such as slopes and green space, open space and amenities, etc. Proffer 7: According to previous studies, the dam has been shown to be in need of repairs. The dam should meet any federal, state and local regulations pertaining to safety and/or dam certification requirements. Applicant should determine if dam is certified with DCR and in compliance with DCR dam safety guidelines. If so, staff might be able to support removing this condition. Staff has not received a response from DCR regarding the dam. Building sites: Each lot is required to have a 30,000 square foot rectangular building site meeting the requirements of section 4.2.2(a) and 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. 3 Either amend the lots to contain building sites meeting these requirements or submit a special exception request explaining how the request will satisfy the findings set forth in subsection 4.2.5(a)(3). FYI — this can be reviewed with the subdivision plat; however, Board approval will be needed for the special exception. Fire Rescue Comments (Robbie Gilmer) 1. Fire Access lane to dry hydrant. - The access shall be maintained at all times, with gravel Fire Rescue has concerns with the travel lane washing out over time. Fire Rescue has concerns with who will maintain the fire access road to the dry hydrant since it crosses over lot 7. Something needs to be placed on the plat for lot 7 showing this required access and it shall not be blocked at anytime. Virginia Department of Transportation Comments (Troy Austin) Attached 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-&� Rachel Falkenstein Senior Planner Planning Division Enc: VDOT Comments Action after receipt of comment letter Resubmittal form Resubmittal schedule 4 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper. Mrginia 22701 Charles A. Kilpatrick, P.E. Commissioner February 19, 2016 Ms. Rachel Falkenstein Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: ZMA-2015-00006 Shadwell Estates Dear Ms. Falkenstein, We have reviewed the rezoning request and application plan for Shadwell Estates dated 8.'27.' 15 with revisions dated 1115116 as submitted by Meridian Planning Group, LLC and offer the following comments: 1. Access to Lots 1 and 2 will need to be off of Clifton Inn Lane rather than N. Milton Road. 2. Access to Lot 2 needs to be as close as possible to Lot 3. 3. Generally, VDOT has no objection to the proposed rezoning. If you need additional information concerning this project, please do not hesitate to contact me at (434)422-9782. Sincerely, "" �' 4 I Troy Austin, P.E. Area Land Use Engineer Culpeper District WE KEEP VIRGINIA MOVING 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 Revised 1-29-16 mcy 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. 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 Revised 1-29-16 mcy FOR OFFICE USE ONLY SP # Fee Amount $ Date Paid By who? Receipt # Ck# By: qF AL Resubmittal of information for kh Zoniniz Mau Amendment Jz�� PROJECT NUMBER THAT HAS BEEN ASSIGNED: ZMA2015000006 Shadwell Estates Owner/Applicant Must Read and Sign I hereby certify that the information provided with this resubmittal is what has been requested from staff Signature of Owner, Contract Purchaser Print Name FEES that may apply: Date Daytime phone number of Signatory ❑ Deferral of scheduled public hearing at applicant's request $194 $1.08 for each additional notice + actual cost of first-class postage Resubmittal fees for original Zoning Map Amendment fee of $2,688 Actual cost (averages between $150 and $250) ❑ First resubmission FREE id Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,344 Resubmittal fees for original Zoning Map Amendment fee of $3,763 ❑ First resubmission I FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) 1 $1,881 To be Daid after staff review for Dublic notice: Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. ➢ Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/02/2015 Page 1 of 1 2016 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Resubmittal Schedule Written Comments and Earliest Planning Commission Public Hearing* Resubmittal Dates Comments to applicant for decision on whether to proceed to Public Hearing * Request for PC Public Hearing, Legal Ad Payment Due ** Planning Commission Public Hearing No sooner than* COB Auditorium Monday Wednesday Monday Tuesday Nov 2 2015 Dec 2 2015 Dec 21 2015 Jan 12 Nov 16 2015 Dec 16 2015 Jan 04 Jan 26 Dec 7 2015 Jan 06 Jan 11 Feb 02 Dec 21 2015 Jan 20 Feb 01 Feb 23 Jan 04 Feb 03 Feb 08 Mar 01 Tue Jan 19 Feb 17 Feb 22 Mar 15 Feb 01 Mar 02 Mar 14 Apr 05 Tue Feb 16 Mar 16 Apr 04 Apr 26 Feb 29 Mar 30 Apr 11 May 03 Mar 14 Apr 13 May 09 May 31 Apr 04 May 04 May 16 Jun 07 Apr 18 May 18 May 30 Jun 21 May 02 Jun 01 Jun 20 Jul 12 May 16 Jun 15 Jul 04 Jul 26 May 30 Jun 29 Jul 18 Aug 09 Jun 13 Jul 13 Aug 01 Aug 23 Jul 04 Aug 03 Aug 22 Sep 13 Jul 18 Aug 17 Sep 05 Sep 27 Aug 01 Aug 31 Sep 19 Oct 11 Aug 15 Sep 14 Oct 03 Oct 25 Tue Sep 06 Oct 05 Oct 10 Nov 01 Sep 19 Oct 19 Oct 31 Nov 22 Oct 03 Nov 02 Nov 14 Dec 06 Oct 17 Nov 16 Nov 28 Dec 20 Oct 31 Nov 30 Dec 19 Jan 10 2017 Nov 14 Dec 14 Jan 09 2017 Jan 31 2017 Dec 05 Jan 04 2017 Jan 16 2017 Feb 07 2017 Dec 19 Jan 18 2017 Feb 06 2017 Feb 28 2017 Jan 02 2017 Feb 01 2017 Feb 13 2017 Mar 07 2017 Bold italics = submittal/meeting day is different due to a holiday. Dates with shaded background are not 2016. 2017 dates are tentative. * The reviewing planner will contact applicant to discuss comments of reviewers and advise that changes that are needed are significant enough to warrant an additional submittal or advise that the the project is ready for a public hearing. If changes needed are minor, the planner will advise that the project go to public hearing. " The legal ad deadline is the last date at which an applicant can decide whether to resubmit or go to public hearing. If an applicant decides to go to public hearing against the advice of the reviewing planner, a recommendation for denial will likely result. Generally, the applicant will will have only one opportunity to defer the PC public hearing for the project once it has been advertised for public hearing. Additional deferrals will not be allowed except in extraordinary circumstances such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant's attention.