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HomeMy WebLinkAboutZMA201500006 Review Comments Zoning Map Amendment 2016-05-05p� 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 Rev4 Comments: May 4, 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. Proffer fixes and additional details are needed. See comments below. 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. Building sites shown still do not meet requirements of section 4.2.2(A)(1) for a rectangular building site. Submit special exception or comply with building site requirements. Additional Planning Comments (Rachel Falkenstein) 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. Rev4: Comment not addressed. Staff cannot recommend approval with the information provided. 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 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. Rev4 comment: The dimensions provided on the table do not add up to a 30,000 square feet rectangular building site. A special exception will be needed unless a 30,000 square foot rectangular building site can be provided. See code language below regarding rectangular building site exception: Sec. 4.2.2 Building Site Area and Dimensions (a)(3) Special exception. Notwithstanding section 4.2.5, the rectangular shape required by subsections (1) and (2) may be waived or modified by special exception under section 31.8 upon the board of supervisors' consideration of the recommendation from the Virginia Department of Health and information provided by the developer showing that: (i) the parcel has an unusual size, topography, shape, location or other unusual physical condition; (ii) no reasonable alternative building site exists; and (iii) modifying or waiving the rectangular shape would result in less degradation of the parcel or adjacent parcels than if those dimensions were adhered to. Narrative and Application Plan: Include maximum front setback on the application plan. Identify all waivers on application plan. 2 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: Proffers need to be signed and in a form approvable by the County Attorney (see attached proffer form template). In general, more information is needed with proffers. See staff comments below. Applicant appears to be proffering the following: 1. A maximum of 7 residential single family units within the development. Areas X, Y and Z to be rezoned to RA and combined with adjacent parcels as identified on the application plan. 2. All lots will be served by private well and septic. Rev4 comment: This proffer can be deleted; the note on the application plan is sufficient. 3. DCR review of the dam. Rev4 comment: Provide more information with this proffer and state when DCR review will occur. (i.e. prior to approval of first subdivision plat? Prior to first CO?) If dam is not up to DCR standards, will upgrades be made to have dam certified with DCR? 4. Open space will be provided as shown on the concept plan with public access for the residents to the lake. Rev4 comment: The lake access appears to be traversing through a private lot (lot 5). If access is proposed through a private lot then an easement should be provided to allow residents to access the lake through this lot and submitted with subdivision plat for lot S. 5. The stream buffer will be protected by a tree preservation easement and deed restrictions in the HOA documents. Rev4 comment: Proffer should identify when easement and HOA documents will be submitted (i.e. with first subdivision plat). All architectural designs for the homes will be under the Clifton HOA architectural review and in keeping with the character of the existing Clifton Inn property. Rev4 comment: Have the architectural design standards already been developed? If so, provide specific reference to the standards. If not, state when the standards will be established (i.e. with HOA documents to be recorded with first subdivision plat). The architectural review will need to happen before issuance of building permits. If you are proffering this it should say "letter of approval will be provided with building permit application", or some such language. Zoning Comments (Ron Higgins) All previous comments have been addressed. No objection to the special exception for the increase in maximum setback due to the rural character of the area. However, clarification is needed on the proposed use of the residences due to the reference in the private street support letter from the Clifton Inn to "Clifton Culinary Cottages" and whether these will be used as "retreats" for "guests" for short-term stays. Engineering Comments (John Anderson) Engineering supports critical slopes waiver for project design shown on Application plan dated 4/4/16. "Applicant letter d. 4 -Apr 2016 addresses: rapid and/or large-scale movement of soil and rock, stormwater run-off, siltation of natural and man-made bodies of water, loss of aesthetic resources, and, in the event of septic system failure, travel distance of septic effluent (collectively, "public health, safety, and welfare factors") that might result from disturbance of critical slopes. (Ref. 18-4.2.5.A.1) Acting VSMP Administrator (on behalf of county engineer, position vacant) finds that Clifton Inn Lane shown on Meridian Planning Group Application Plan (4/4/16) is closely aligned with an existing gravel, and will have limited impact to critical slopes. Applicant estimates impact to critical slopes is 0.2 Ac. This impact is restricted to a narrow -width band of slopes (lost in entirety). In Engineering's view, proposed design will not pose a threat to public drinking water supplies or floodplain. Soil erosion, sedimentation, water pollution, and septic disposal issues are mitigated via design. Engineering accepts Applicant's statement that: the proposed road grading will be linear in nature, which results in small-scale movement of soil and rock (no large-scale movement); stormwater run-off from upslope drainage area will be minimal; adequate erosion control measures will be provided to ensure that silt does not enter Clifton Lake (measures will be required as part of the road plan approval process); since proposed road construction is basically widening an existing gravel road, there will be no effect on aesthetic resources; and, road -related minimal disturbance of critical slopes will not have a detrimental effect on public health, safety, or welfare. Application plan shows two (2) conceptual stormwater management basins; space is available, stream buffers are avoided. Virginia Department of Transportation Comments (Joel DeNunzio) 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 can be found here. 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 W_&� Rachel Falkenstein Senior Planner Planning Division Enc: VDOT Comments Action after receipt of comment letter Resubmittal form Proffer form template 4 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper Virginia 22701 Charles A. Kilpatrick, P.E. Commissioner April 29, 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 8127/15 with revisions dated 1!15/16 and 04:`04:`16, as submitted by Meridian Planning Group, LLC. VDOT has no objection to the proposed rezoning. Please note that during the site. road plan review the following items will need to be addressed: 1. A sight distance profile will be required to ensure the sight distance is adequate. 2. Line of sight easements where needed. 3. The entrance details to include the entrance radius and grade. 4. A right and a left turn lane warrant analysis. If you need additional information concerning this project, please feel free to contact me. Si r 1 , oel D. DeNunzio, P.E. Resident Engineer VDOT - Charlottesville 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