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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
September 9, 2016
Steve Edwards
4936 Old Boonsboro Road
Lynchburg, VA 24503
steve@edwardsdesignstudio.com
RE: ZMA201600015 Oakleigh
Dear Steve:
Fax(434)972-4126
County and other staff have reviewed your initial submittal to rezone Tax Map and Parcel
04500-00-00-026AO from the existing Neighborhood Model District (NMD) approved as
ZMA200700004 Oakleigh Farm to a new NMD with a revised Application Plan, Code of
Development and Proffers.
Available comments from each reviewer are provided below or attached, however, the major
issues that should be addressed before moving forward to the Planning Commission are
summarized below. These comments are outlined in more detail under each reviewer listed in
this letter.
• Approval of the site layout from Fire/Rescue:
o Based on the size of the proposed assisted living facility, Block V needs another
point of access. An approved turnaround or connection is also required for Block
IV.
• Additional information is needed to demonstrate how the revised proffers fully mitigate
the impacts of the proposed development.
• Any major changes identified by the Architectural Review Board at the September 19th
meeting should also be incorporated.
(Please keep in mind that changes made to address these issues may create comments from
other reviewers that currently have no objection to the proposal.)
Zonine Division
The Zoning Division does not object to an assisted living facility being permitted by -right in Block
IV and Block V as requested on Sheet 5 of the Application Plan. Assisted living facilities are
grouped in the Zoning Ordinance under "Rest home, nursing home, convalescent home,
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orphanage or similar institution." Within conventional zoning districts, this use is only permitted
by special use permit and therefore have historically been approved with conditions to mitigate
their impacts on the surrounding area. Any necessary "conditions" or mitigation for this
proposal can be incorporated into the Application Plan and Code of Development.
Section 5.1.13 of the Zoning Ordinance also contains the following supplemental regulations
applicable to this use and to this request:
a. Such uses shall be provided in locations where the physical surroundings are compatible to the
particular area;
b. No such use shall be established in any area either by right or by special use permit until the
Albemarle County fire official has determined that adequate fire protection is available to such
use;
c. Generally such uses should be located in proximity to or in short response time to emergency
medical and fire protection facilities. Uses for the elderly and handicapped should be
convenient to shopping, social, education and cultural uses;
d. No such use shall be operated without approval and, where appropriate, licensing by such
agencies as the Virginia Department of Welfare, the Virginia Department of Health, and other
such appropriate local, state and federal agencies as may have authority in a particular case.
Staff comments are mainly focused on ensuring compliance with subsections (b), (c) and (d). The
requirements of subsections (b) and (c) can be met by responding to the Fire/Rescue
requirements. Compliance with subsection (d) can be demonstrated with additional information
about what (if any) other requirements from State and/or Federal agencies apply to the
proposed assisted living facility. Federal regulations are cited as a justification for a larger
building footprint in the "Consistency with the Comprehensive Plan" section of the project
narrative, but exactly what Federal regulations are being referenced in this section?
The Planning Commission and Board of Supervisors will need to understand how the proposal is
exempt from any additional requirements or how compliance with the other requirements will
be verified. This information may also help address the question raised in the Community
Meeting about whether or not a "Virginia Certificate of Public Need" is required. Comment on
the Community Meeting will be included in the staff report. The meeting held on August 31St at
Northside Library satisfied the requirements for a community meeting as described in Section
33.4 of the Zoning Ordinance.
Plannine Division
Based on the variety of elements in this proposal and the overall lot coverage, the initial
comments aim to address criteria that will be relevant for both the legislative and ministerial
reviews of the site.
For the legislative review, as stated in the pre -application comments, the proposed footprint of
the assisted living facility is almost triple the recommended maximum footprint, therefore this
building will be considered "by -exception" as described in the Places29 Master Plan. Can you
provide any additional justification (such as quantitative information) about the public need in
our area and why the economics of this type of facility necessitates a single building of this size?
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Additional information is also needed to analyze the revised proffers. Staff needs to understand
how the proposed proffers mitigate impacts of the proposed development. The proposed
proffers may be compared to the existing approved proffers on the site, but the previous R-6
residential zoning that existed prior to 2008 is no longer relevant. The additional information
should provide a justification for how the revised proffers mitigate impacts from the proposed
development. Without additional information, staff would not recommend approval of revised
Proffers #1 and #2.
Comprehensive Plan
Comments on conformity with the Comprehensive
Plan are provided to the Planning Commission and
Board of Supervisors as part of the staff report.
The site is primarily designated as Urban Density
Residential (shown in orange) and also contains a
small portion of a Neighborhood Service Center
(shown as the pink hatched area). Assisted living
facilities are considered an institutional use in the
Places29 Master Plan and are recommended as a secondary use under the Urban Density
Residential designation. Broadly, staff finds the mixture and densities of the proposed and
permitted uses to be consistent with the Comprehensive Plan.
Neighborhood Model
Projects located within the Development Areas are reviewed for consistency with each of the
Neighborhood Model Principles found in the Comprehensive Plan (see Objective 2 in the
Development Areas chapter). Staff finds that the existing project narrative adequately
addresses each of the Neighborhood Model Principles except for Multi -Modal Transportation
Opportunities. It appears that an outdated list of principles may have been referenced for
completing the application. Please provide information about consistency with the principle for
Multi -Modal Transportation Opportunities on the revised Sheet 5 of the Application Plan.
Conceptual Plan
Comments related to the ministerial review are provided below.
As the County has gained more experience administering NMD developments at the site plan
and subdivision review stage, the flexibility from very specific language and detail in the
Application Plan and Code of Development has been invaluable. With this in mind, staff
recommends the following changes:
Sheet 1:
Sheet 4:
Please change the application number of the existing site plan to SDP200800101.
Please include a revision date on the coversheet, if revised.
Sheet 6 shows six proposed townhouse units, but the Parking Data, Trip Generation
and other descriptions show only five units. Please revise.
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Sheet 5:
• The Neighborhood Model Principles no longer include "Neighborhood Friendly
Streets and Paths." Please replace this principle with "Multi -Modal Transportation
Opportunities."
• Under Block Characteristics, please revise the word "shall" wherever possible. Staff
will administer the word "shall" as a requirement that can only be changed through
a variation or rezoning process.
• Under Architectural Standards, please remove letters C, D and E. The County will rely
on the ARB review to review these standards.
• Under Table of Residential Uses by Block, please revise footnote 3 to show
"Albemarle County Zoning Ordinance" instead of "Albemarle County Code."
• Under the Table of Non -Residential Uses by Block, within the Additional Non -
Residential Uses row, there is a footnote 4 shown for "Retail Stores and Shops" but
no such footnote exists. Please revise.
• Under Yard Requirements by Block, please remove the Front Lot Lines column.
One additional comment:
Can you specify a range of beds to be provided in the assisted living facility? On Sheet 4, the
Application Plan cites 93 dwelling units in the Development Block Summary, but the Parking
Data cites 119 units. Sheet 5 references 93 dwelling units as well. Then, 109 beds were
discussed at the Community Meeting. Please revise this number throughout the Application
Plan to be consistent.
Engineering — Frank Pohl, 434-296-5832, ext. 7914, fpohl@albemarle.org
Comments will be forthcoming the week of 9/12-9/16.
ACSA — Alex Morrison, amorrison@serviceauthority.org
1. Water/sewer construction plan submittal to the ACSA will be required at the final site
plan stage.
2. Water and sewer infrastructure will be reviewed during the construction plan review.
3. Additional fire hydrant coverage on site will be required (Fire/Rescue will comment on
proper spacing and placement).
4. A master meter will be required for the assisted living building.
5. Water service will be supplied through the Stillhouse pressure band.
6. A grease interceptor will be required.
7. RWSA Wastewater Capacity Certification may be required at the final site plan stage. If
required the ACSA will file for this certification.
I have CC'ed Robbie Gilmer [on my comments] because he will handle fire hydrant placement
and density for the site (I am not familiar with the requirements for an assisted living building).
None of the comments above affect our position on the ZMA so I hereby recommend approval
of ZMA201600015.
W
VDOT —Adam Moore, adam.moore@vdot.virginia.gov
Please see attached comments.
Fire/Rescue — Robbie Gilmer, 434-296-5833, rgilmer@albemarle.org
Fire Rescue has no objections to the rezoning, please see comments below for possible
connection issues.
1. Fire Rescue will require a second entrance to Block V. Preferred location would be a
connection between this property and 505 East Rio Road.
2. Fire Rescue will require an approved turn around or connection for Block IV.
Entrance Corridor — Margaret Maliszewski, 434-296-5832, ext. 3276
Comments will be available after the 9/19 ARB meeting.
Zoning — Francis MacCall, 434-296-5832, ext. 3418, fmaccall@albemarle.org
No objection at this time. Comments may be provided on a future resubmittal.
Inspections —Jay Schlothauer, 434-296-5832, ext. 3228, ischloth@aIbemarle.org
No objection.
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 as a coversheet. There is no fee for the
first resubmittal.
Notification and Advertisement Fees
Prior to scheduling a public hearing with the Planning Commission, payment of the following
fees for newspaper advertisements and notification of adjoining owners are required:
$155.00 = Cost for newspaper advertisement
$215.00 = Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per
owner after 50 adjoining owners)
$370.00 Total amount due prior to Planning Commission public hearing
Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for
the Board hearing is needed:
$155.00 = Cost for newspaper advertisement
$155.00 Additional amount due prior to Board of Supervisors public hearing
$525.00 Total amount for all notifications Fees may be paid in advance. Payment for both the
Planning Commission and Board of Supervisors public hearings may be paid at the some time.
Additional notification fees will not be required unless a deferral takes place and adjoining
owners need to be notified of a new date.
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Feel free to contact me if you have questions. I can be reached at inewberry@albemarle.org.
Sincerely,
1 4. ykvjxft�r
J.T. Newberry
Senior Planner
Planning Division
CC: Oakleigh Albemarle, LLC
c/o George Ray, Jr.
690 Berkmar Circle
Charlottesville, VA 22901
george@insignia-va.com
Enclosed: VDOT Comments
Action After Receipt of Comment Letter
Resubmittal Form
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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 top of your materials.
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 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.
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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. These dates are provided on the attached Legal Ad Payments for
Public Hearings form.
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.
Charles A. Kilpatrick, P.E.
Commissioner
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1601 orange Road
Culpeper. Virginia 22701
September 7, 2016
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Attn: J.T. Newberry
Re: Oakleigh, Rezoning Amendment Application Plan.
ZMA-2016-00015
Review #1
Dear Mr. Newberry:
The Department of Transportation, Charlottesville Residency Transportation and Land Use
Section, has reviewed the above referenced rezoning amendment application plan as
submitted by, Alan G. Franklin, P.E. LLC., Civil and Site Planning Engineering dated June
30, 2016, and find the rezoning amendment to be generally acceptable.
Please note that the final site plan must show conformance with the VDOT Road Design
Manual Appendices B (1) and F, as well as any other applicable standards, regulations, or
other requirements.
A VDOT Land Use Permit will be required prior to any work within the right-of-way. The
owner/developer must contact the Charlottesville Residency Transportation and Land Use
Section at (434) 422-9399 for information pertaining to this process. If further information is
desired please contact Willis C. Bedsaul at (434) 422-9866.
Sincerely,
gh� �)• ot�
Adam J. Moore, P.E.
Area Land Use Engineer
Charlottesville Residency
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
FOR OFFICE USE ONLY SP #
Fee Amount $ Date Paid By who? Receipt # Ck# Bv:
Resubmittal of information for
k»
Zoning Map Amendment .N
PROJECT NUMBER THAT HAS BEEN ASSIGNED: ZMA201600015 Oakleigh
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
➢ Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(averages between $150 and $250)
Resubmittal fees for original Zoning Map Amendment fee of $2,688
W
First resubmission
FREE
❑
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
FREE
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$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