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HomeMy WebLinkAboutZMA201600007 Review Comments Zoning Map Amendment 2016-05-03COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Project: Hollymead Town Center (Area A-2) —ZMA Owner: Route 29 LLC [P. O. Box 5548, Charlottesville, VA 229051 Primary Contact: Wendell Wood and Nena Harrell [ulcwww@embargmail.com] Woodbriar Associates [P. O. Box 5548, Charlottesville, VA 22905] Plan received date: 6 Apr 2016 Date of comments: 3 May 2016 Reviewer: John Anderson Plan Coordinator: Elaine Echols ZMA201600007 Application for Amendment of Proffers, Hollymead Town Center (Area A-2) Engineering does not object to Applicant request to eliminate 40% requirement of "for sale" units discussed in Proffer 1 (2007), or request to amend Proffer 4 to be "more consistent with new state Code in regards to cash proffer funds" while still offering "cash proffers as recommended by the FIAC report to the County of Albemarle." Engineering does not object to minor revision to the phasing plan. Engineering does not, however, support request to eliminate Proffer 8, paragraphs A. and C. Proffer 8 relates to critical slopes, erosion and sediment control, and stormwater management. Paragraphs A. and C. reflect ordinance requirements that apply even absent proffers. A. Critical Slopes ("The owner shall apply for critical slope waiver for any roads located in critical slopes governed by § 18-4.2), and C. Reve etation (permanent vegetation required within 9 months of the start of grading —ref. 17-808). The remaining two paragraphs (Proffer 8) present different circumstance: paragraphs B. (Erosion and Sediment Control) and D. (Stormwater). These require the owner to the maximum extent practicable as determined by the County's (VSMP) Program Authority to: B. —"provide additional erosion and sediment controls to achieve a sediment removal rate of eighty percent (80%) for the Property. (As a reference, current regulatory structural measures achieve a 60% optimal removal rate.)"; and, D. —"provide additional stormwater management to achieve a removal rate 20% better than would otherwise be required by the Water Protection Ordinance (Albemarle County Code § 17-100 et seq.) up to a maximum of an eighty percent (80%) removal rate for each phase." Paragraph B. is ambitious yet ambiguous in that it is unclear what measures beyond standards and specifications listed in the Virginia Erosion and Sediment Control Handbook, 1992 Edit., might be designed to apply to achieve higher than typical sediment removal rates, but given the impaired status of a number of streams in the county, and the not uncommon practice of extending temporary erosion and sediment control measures for many years until replaced by or converted to permanent SWM facilities, Engineering recommends against eliminating Proffer 8 paragraph B. Albemarle County's Comprehensive Plan, adopted on June 10, 2015 includes introductory statement in the Natural Resources section that reads: "As reaffirmed with each citizen survey taken over the last 20 years, natural resources are the most valued feature of the County. They contribute strongly to the high quality of life experienced by both County and City residents. For that reason, natural resource protection is the County's highest priority." In July 2014, Chapter 17 (Water Protection Ordinance) was revised to reflect revised state stormwater management regulations. A major effect of change was to create SWM technical review criteria to encourage stormwater runoff reduction, criteria referenced as Part IIB. Engineering could support replacement of Proffer 8 paragraph D. with Engineering Review Comments Page 2 of 2 proffer requiring Hollymead Town Center A-2 to meet Part IIB stormwater management facility design criteria. Proffer 8 paragraph D. requires Applicant to achieve a removal rate 20% better than would otherwise be required by the Water Protection Ordinance. From a design point of view, this presents challenge of determining how a rate 20% better than otherwise required (up to a maximum of 80%) is achieved. In interest of applying this proffer condition (paragraph D.) in practical terms, Engineering recommends Applicant propose Part IIB technical criteria found at 9VAC25-870-65 apply to SWM facility design at Hollymead Town Center A-2, instead of Part IIC criteria found at 9VAC25-870-96. Engineering would support and recognize this request as achieving a higher phosphorus pollutant removal rate than would otherwise be required, honoring voluntary proffer to exceed stormwater management control requirements that would apply absent proffer condition. Please feel free to call 434.296-5832—x3096 to discuss this project. File: ZMA201600007 HTC AreaA2 050316