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Home My WebLink AboutZMA201200007 Review Comments Zoning Map Amendment 2016-04-07A r'tas'C.II31A COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 April 7, 2016 Mr. Katurah Roell 9352 Rockfish Gap Turnpike Afton, VA 22920 Mr. Randy Ralston 943 Glenwood Station Lane, Suite 101 Charlottesville, Virginia 22901 RE: ZMA201200007 5th Street Commercial Dear Katurah and Randy, Fax (434) 972-4126 I enjoyed meeting with you earlier this week. You had asked the following questions and these are the answers: 1. Do we need to fill out a form for the special exception request? Yes. You can find the form at this location: http://Www.albemarle.or,-/uploadlima,-es/forms center/departments/Community Development/forms/a pplications/Special Exception Applicadon.pdf 2. Is there a fee associated with the special exception request? Yes. I was surprised to find that there was a fee, so I am glad that you asked the question. The fee is $457. Since you are not requesting an amendment to a planned district, please follow the instructions below and provide them with your special exception request: Provide the following ❑ 3 copies of a written request specifying the section or sections being requested to be waived, modified, varied or substituted, and any other exhibit documents stating the reasons for the request and addressing the applicable findings of the section authorized to be waived, modified, varied or substituted. . If it helps to know, you do not need to provide a resubmittal fee with your upcoming submittal. 3. What is the deadline for resubmittal for the June 21, 2016 Planning Commission hearing/meeting? The deadline is the next resubmittal Monday, April 18, 2016, which is 10 days from now. Please see the attached form to use as a cover page for your submittal. I thought it would be helpful for all of us to have a list of the outstanding items, which is provided below: 1. Bike Lane on 51 Street: Commissioners spoke to the importance of making a commitment to provide for bicycle access to the site. Please consider a proffer to include a bicycle lane or bikeway, with your frontage improvements to 5th Street. This would need to be an extension of the bicycle lane or bikeway in the City. 2. Relegated Parking: My notes from the Planning Commission Meeting are below: Commissioners encouraged the applicant to explore design options that conform to the 30' maximum building setback requirement. If no suitable design could be created, Commissioners believed that the location of the site near an interchange and the existing auto -orientation of the area might allow them to support the applicant's request to provide for a parking area between 5' Street and the building that faces 5' Street. Commissioners noted that if the applicant requests a special exception for a greater setback, he would need to make his case based on Section 4.20.a. of the Zoning Ordinance that says a maximum front setback may be increased by special exception to accommodate low impact design, unique parking or circulations plans, or a unique target market design. 3. Grading and Slopes: The Commission asked for a clear designation of slopes that had been previously shown for disturbance in conjunction with the special use permit approved for the site. Staff indicated that only the slopes previously approved for disturbance in conjunction with the special use permit could be disturbed without an application for a ZMA to request a change of slopes from "preserved" to "managed". It is extremely important to clearly depict proposed grading, stream buffers, floodplain, and limits of disturbance on the plan that is resubmitted. 4. Retaining Walls: Commissioners recommended that terraced walls be used rather than tall retaining walls. They acknowledged that a redesign of the site that conforms to the previously approved special use permit may accomplish this. 5. Floodplain: Please clearly show the floodplain identified by the latest LOMR from FEMA and make sure that development shown on the plan is consistent with that LOMR. 6. Walkway from bridge over Moore's Creek to sidewalk along 5th Street to this development: The Commission agreed that this addition would be desirable; however, it may be difficult to achieve in the location we discussed in our staff report. Please consider ways in which the sidewalk might be connected to the greenway and making a commitment to provide for that connection. 7. Monticello Viewshed: Thank you for reaching out to the Thomas Jefferson Foundation. They have been unable to state that your site is visible from Monticello. Unless it is clear that your site is visible from Monticello, the County would not ask for your consideration of abiding by their guidelines. However, if you wanted to provide a proffer just in case the project is visible, the following proffer provided by the 5t1i Street Station owners could be used: ... the Owner shall select a roof material in an earth -tone color that satisfies the Monticello viewshed guidelines as determined by the Thomas Jefferson Foundation. Prior to final site plan approval the Owner shall provide written documentation to the County Director of Community Development that the Thomas Jefferson Foundation has approved the proposed roof material color for the buildings within the Property. 8. Proffers: • Proffer 1: Title of Plan: Make sure that the title of the plan is used consistently throughout the proffers and that the latest revision date of the plan is reflected in the proffers. Proffer 2: Uses: Please do one of these three things to provide clarity in the uses allowed on the site: 1) identify the uses that would not be allowed on this site (from the list of by -right or special uses in the HC district) or, 2) using a copy of the pages in the Zoning Ordinance containing HC district by -right and special uses, cross out and initial the uses to be excluded from those districts, or 3) make a single list of allowable uses on the site, as taken from the HC district by -right and special uses. The two lists that have been submitted each time with your proposal are incongruous and difficult to manage. • Proffer 5: Fuel Islands: If fuel islands are not to be included as a permitted use, they should not be in the list of available uses identified in Proffer 2. If fuel islands are to be permitted, we would recommend that Proffer 5 remain. • Proffer 6: Utilities to be Provided Underground: Unless you are proffering off -site undergrounding of utilities, please remove this proffer altogether since placing new utilities underground is required in Sec. 32.7.5.2 of the Zoning Ordinance. • Proffer 8 — Reference of correct ZMA: Instead of referencing ZMA 99-13, Proffer 8 should reference ZMA201200007. • Proffer 8A — Greenway Trail: The Application Plan should clearly show the areas proposed for the greenway trail. If you wish to offer an easement for the greenway trail or dedication of land for a trail, please clearly state that in the proffers. The proffers should also state that existing easement locations that are inconsistent with the plan will be altered conform to the plan. • Proffer 8B — Steps and a Vehicle Travelway: The proffer for steps is not needed; however, the proffers should reference your commitment to build the vehicle travelway that is shown on the plan as well as the easement in which the travelway will be built. Katurah and Randy, please let me know if your list is different than mine. Please let me know if you need any more assistance in the preparation of your resubmittal. Sincerely, E& , e 4' Elaine K. Echols, FAICP Acting Chief of Planning C: Scott Collins, Collins Engineering