HomeMy WebLinkAboutZMA201600009 Review Comments 2016-10-10Short Review Comments Report for:
ZMA201600009
SubApplication Type:
Wood Von Storch Rezoning
Date Completed:04/21/2016
Reviewer:Francis MacCall CDD Admin Zoning Review
Review Status:QC OK
Reviews Comments:
Division:
Date Completed:06/03/2016
Reviewer:Rachel Falkenstein CDD Planning
Review Status:Requested Changes
Reviews Comments:
Division:
Date Completed:05/24/2016
Reviewer:Jay Schlothauer CDD Inspections
Review Status:No Objection
Reviews Comments:
Division:
Date Completed:05/27/2016
Reviewer:Ron Higgins CDD Admin Zoning Review
Review Status:No Objection
Reviews Comments:-Where is the "pre-existing cemetery" on 112E? Please show on concept plan.
-Under "b. Traffic" the deeded right-of-way is 40', not 40".
-C-1 or HC with use proffers could work in the Comprehensive Plan designation, "office, R&D,
flex,light industrial."
-If a cemetery exists, then why are cemeteries proposed to be excluded?
-Might want to consider requesting special exception for uses in excess of 4,000 sq. ft. now.
Division:
Date Completed:06/08/2016
Reviewer:Joel DeNunzio VDOT
Review Status:See Recommendations
Reviews Comments:
Division:
Date Completed:05/15/2016
Reviewer:Robbie Gilmer Fire Rescue
Review Status:No Objection
Reviews Comments:Based on ZMA dated 4/18/16.
No comments or objections.
Division:
Date Completed:05/19/2016
Reviewer:Victoria Fort RWSA
Review Status:See Recommendations
Reviews Comments:1. Capacity issues for sewer that may affect this proposal None known
2. Requires Rivanna Water and Sewer Authority Capacity Certification X Yes* No
3. Water flow or pressure issues that may affect this proposal See Below**
4. ”Red Flags” regarding service provision (Use attachments if necessary) None Known
*If the development will produce over 40,000 gallons of sewage per day, a flow capacity certification
will be required prior to final site plan approval.
**Item 3 in the rezoning application lists impacts on public facilities and infrastructure, including water
and sewer. It should be noted that there are two RWSA water lines located adjacent to the property
that operate on different pressure bands. The 30” water line in Berkmar Drive operates with an HGL
of 652 (urban pressure band). The 12” water line along the north boundary of the property is on a
higher pressure band (well over 100 psi at this location). The developer should take that into account
when designing future improvements to the site.
Division:
Page:1 of 3 County of Albemarle Printed On:January 30, 2017
and sewer. It should be noted that there are two RWSA water lines located adjacent to the property
that operate on different pressure bands. The 30” water line in Berkmar Drive operates with an HGL
of 652 (urban pressure band). The 12” water line along the north boundary of the property is on a
higher pressure band (well over 100 psi at this location). The developer should take that into account
when designing future improvements to the site.
Date Completed:05/11/2016
Reviewer:Matthew Wentland CDD Engineering
Review Status:See Recommendations
Reviews Comments:The VSMP application for the property will be subject to the IIB criteria. Due to the age of the
previous Storm Water Management Plan and Analysis (2006), a new analysis and as-built on the
basin may be required.
Division:
Date Completed:12/14/2016
Reviewer:Rachel Falkenstein CDD Planning
Review Status:Approved
Reviews Comments:A special exception in accordance with Section 24.2.1 to allow the gross floor area of the following
uses to exceed 4,000 square feet:
47. Laboratories/Research and Development/Experimental Testing
48. Manufacturing/Processing/Assembly/Fabrication and Recycling
49. Storage/Warehousing/Distribution/Transportation
Approved 12/14/216 with no conditions
Division:
Date Completed:07/15/2016
Reviewer:Ron Higgins CDD Zoning
Review Status:No Objection
Reviews Comments:All prior comments have been addressed. Please note that application materials show rezoning to
HC, not C-1 (as described in legal ad section of Application 1 page) this must be corrected for legal
ad.
Division:
Date Completed:07/15/2016
Reviewer:Joel DeNunzio VDOT
Review Status:No Objection
Reviews Comments:• There appears to be a spacing issue with the Better Living proposed entrance on TMP 45-112B.
VDOT recommends the proposed entrances be consolidated into one shared use entrance.
• Shared use entrances are used to reduce the number of access points along a corridor while
maintaining reasonable access to adjacent land uses. The access Management Regulations
24VAC30-73-120 requires shared entrances where possible (refer to Appendix F., page F-23 and
page F-118 for further reference).
Division:
Date Completed:06/23/2016
Reviewer:Matthew Wentland CDD Engineering
Review Status:No Objection
Reviews Comments:
Division:
Date Completed:07/22/2016
Reviewer:Rachel Falkenstein CDD Planning
Review Status:Requested Changes
Reviews Comments:
Division:
Date Completed:10/10/2016
Reviewer:Rachel Falkenstein CDD Planning
Review Status:See Recommendations
Reviews Comments:
Division:
Page:2 of 3 County of Albemarle Printed On:January 30, 2017
Reviews Comments:
Page:3 of 3 County of Albemarle Printed On:January 30, 2017
Charles A. Kilpatrick, P.E.
Commissioner
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1601 Orange Road
Culpeper. Virginia 22701
September 13, 2016
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Attn: Rachel Falkenstein
Re: Wood/Von Storch, Rezoning, Proffers' concept Plan.
ZMA-2016-00009
Review #3
Dear Ms. Falkenstein:
The Department of Transportation, Charlottesville Residency Transportation and Land Use
Section, has reviewed the above referenced rezoning/with proffers and concept plan as submitted
by Stoneking Von Storch, Architects dated June 20, 2016, and offer the following comments:
1. Virginia Code 24VAC30-70-120 requires commercial entrances be shared with only
limited exceptions. The applicant shall arrange to share a commercial entrance with the
neighboring parcel being developed by Better Living and prepare for this entrance to be
the sole access point for both properties. One acceptable arrangement would be to utilize
a potential access easement within the limits of the neighboring parcel.
Please note these site plans or otherwise proposed entrances for this site shall conform to the
requirements of the VDOT Road Design Manual, Appendix F.
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,
ct4� ( , G I
,ffl---
Adam J. Moore, P.E.
Area Land Use Engineer
Charlottesville Residency
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1601 Orange Road
Culpeper. Virginia 22101
Charles A. Kilpatrick, P.E.
Commissioner
May 26, 2016
Ms. Rachel Falkenstein
Senior Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Re: ZMA-2016-00009 Wood Von Storch, Rezoning.
Dear Ms. Falkenstein:
We have reviewed the rezoning request and concept plan for Wood/Von Starch properties dated
4/18/16 as submitted by McKeeCarson consultant engineers, Landscape Architects and Land
Planners, and offer the following comments:
1. VDOT has no objection to the rezoning.
2. Sight lines were not shown on the concept plan verifying adequate sight distance. We
believe that the proposed location will have adequate sight distance, but this will be
confirmed during the site plan phase. The entrance will be formally located during the
site plan design to ensure adequate sight distance.
3. Please provide both existing and proposed traffic generations as well as right -turn lane
warrants, please refer to Road Design Manual Appendix F, turn Iane criteria for single
and dual lanes analysis figure 3-1.
4. Please refer to Appendix F, table 2-2 minimum spacing standards for commercial
entrances, intersections and median crossovers page, F23.
If you need additional information concerning this project, please do not hesitate to contact me at
(434) 422-9373.
incer y,
Joel DeNunzio P.E.
Resident Engineer
VDOT Charlottesville Residency
WE KEEP VIRGINIA MOVING
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Initial Comments:June 3, 2016
Rev.Comments: my 2�4046 July 29, 2016
Frank Stoner
Milestone Partners, LLC
300 2nd St NE
Charlottesville, VA 22902
fstoner@milestonepartners.com
RE: ZMA2016-09 Wood Von Storch Rezoning
Rev1 date:6/20/2016
Dear Mr. Stoner:
Staff has reviewed your resubmittal for the above application to rezone TMP 45-112 &45-112E from R-6
Residential to HC Highway Commercial. We have a few questions and 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.
Planning Comments(Rachel Falkenstein)
Staff's comments are organized as follows:
• How the proposal relates to the Comprehensive Plan
• The Neighborhood Model analysis
• Additional planning comments
• Additional comments from reviewers
Consistency with the Comprehensive Plan
Comments on conformity with the Comprehensive Plan will be provided to the Planning Commission
and Board of Supervisors as part of the staff report when this proposal goes to public hearing or a
worksession.
Land Use:
• The property is designated Office/R&D/Flex/Light Industrial in the Places29 Master Plan, which
calls for employment-generating uses,the majority of which are expected to be non-retail.
Examples of uses expected within this designation include professional office, research and
development, design,testing of prototypes, manufacturing, assembly and packaging.
• The C-1 zoning district does partially line up with the recommended uses within
Office/R&D/Flex/LI; however, additional steps can be taken to better align the proposal with this
land use designation. Please consider the following:
1
Revi:Applicant has amended proposed zoning from C-1 to HC. See additional comments
below
o Limiting retail to no more than 25%of the total floor area on site.
Revi:Comment addressed. We suggest you provide more clarity in the proffer so
there is no question as to what is considered a "retail use."One approach would be to
amend the language to limit"retail sales area"to 25,000 sq. ft. which is defined in the
zoning ordinance.
o g establishments to no more than 1000 sq. ft. gross floor area.
Rev1: Comment r' ddre,cf''rf. f tin .et,tblirf rr r-4 lirl:{..,rt tt•, r,fl0 sq ft.
o Eliminating drive-through windows and hospitals as permitted uses.
Rev1: Hospitals are currently permitted by special use permit in HC zoning. If this is
intended to remain as an SP use,you can remove it from the proffer.
o Residential uses could be permitted as a secondary use and should only be permitted on
upper floors of multi-story buildings.
Revi:Comment addressed.
o If laboratories/research and manufacturing/processing/assembly/fabrication uses with a
gross floor area exceeding 4000 square feet are anticipated on site, we recommend you
apply for a special exception with your rezoning application to avoid having to return for
board approval at a later date.
Revi:Comment addressed. HC zoning has the additional use of
storage/warehousing/distribution/transportation. Places29 recommends that
warehousing/distribution be incidental to office/r&d/flex within this land use and
recommends a maximum single building footprint of 40,000 sq ft. Consider providing a
size limit for this use within your special exception request.
Transportation:
• The Places29 Master Plan calls for a network of roads parallel and perpendicular to US 29 and
the creation of blocks where possible.The US 29 North Corridor Transportation Study shows a
possible connection between Route 29 and Berkmar Drive in the vicinity of this site. It is
expected that the Small Area Plan for this area of Places29, currently underway, will provide a
more detailed transportation network that will determine the need and ultimate alignment for a
connection in this area.
• VDOT has stated that a connection between Route 29 and Berkmar Drive at this location could
be feasible if intersection and roadway improvements are made at the current intersection with
Route 29.These upgrades are unlikely to happen until the adjacent parcels along Route 29
redevelop. A future connection to Berkmar through his property should not be forclosed upon
at this time, at least until the Small Area Plan can provide further guidance on the need for this
interconnection.
o Until the Small Area Plan can be completed, staff recommends the area between the
existing right-of-way on adjacent 45-112C and Berkmar Drive be kept clear of
impediments to a future roadway in this location.
o If the Small Area Plan does call for an interconnection in this area the area should
remain clear of obstructions until the connection can be built.
o Rev1: Narrative expresses a willingness to attempt to maintain area of 40'along
northern poperty line free of buildings, but this is not enforcable.Consider making a
stronger commitment for this such as including a note on the concept plan or a
proffer.
The M. .-,Iso calls for the widening of Berkmar Drive to four lanes. New development
would be expected to either provide land for these improvements or accommodate future
2
Noloiimprovements. Since the Small Area Plan is also expected to provide a more detailed
recommendation for the Berkmar streetscape, staff is ok with the applicant not offering to
dedicate right-of-way at this time.
Rev1:Comment addressed.
o We ask that area of right-of-way be reserved for a future dedication, measured 44' from
the centerline of Berkmar Drive to allow for an additional travel lane, bike lane,sidewalk
and street trees.
o If the Small Area Plan recommends a narrower street section than what is
recommended for this section of Berkmar Drive in Places29,then the area of
reservation can be reduced after completion of the plan.
Neighborhood Model
The following describes how the proposed development meets or does not meet the principles of the
Neighborhood Model.
Pedestrian Orientation Sidewalks and street trees along Berkmar Drive will be required with the
site plan for the development of this property. Street trees should be
located between the back of curb and the sidewalk.The application and
narrative do not provide any commitments for building locations and
provisions for pedestrian access.
An additional commitment should be made to provide pedestrian
entrances and walkways to buildings fronting on Berkmar.
Revi:Comment not addressed
�� cLL,L .� uilug pi( p ed at this time, the proffers limiting
retail uses will help encourage a mixture of uses on this site.
This principle is met.
The development is not part of an identified center nor is it adjacent to
any centers.
This principle is not applicable because there are no nearby centers shown
on the Places29 Master plan to which it could relate.
Mixture of Housing This property is proposed for commercial zoning district that allows
Types and Affordability residential uses by special use permit. The Places29 Master Plan does not
recommend this property for residential as a primary use.
This principle is not applicable
Interconnected Streets The potential connection to Route 29 through existing right-of-way
and Transportation northeast of the property could improve interconnectivity in the area.
Networks Until the Small Area Plan is completed for this area,the area between this
right-of-way and Berkmar Drive should be kept clear of buildings. If the
Small Area Plan recommends this connection,this area should remain
free of obstructions until the connection can be built.
More information is needed as to whether or not a future connection
would be obstructed by buildings.A concept plan showing this area free
from buildings could help accomplish this.
Rev1:A stronger commitment is needed such as a note on concept plan
or a proffer.
3
•
NigifMulti-modal Sidewalks along Berkmar and throughout the site will be required with
Transportation the site development plan for this property. Bike lanes may eventually be
Opportunities provided with a future widening of Berkmar. Area needed for the
widening should be reserved and kept free from obstructions with this
development.
More information is needed as to whether or not area for a future
widening of Berkmar will be obstructed. A concept plan reserving area
along Berkmar for a potential future widening could accomplish this
principle.
Rev1:Comment addressed.
Parks, Recreational This property is not designated for parks or greenways within the Master
Amenities,and Open n. Though a central amenity space should be considered to serve the
Space velopment.
tis principle is not required, but would be a nice addition to the
-t.
Buildings and Space of A commitment should be made for buildings fronting on Berkmar to have
Human Scale a face to the street with pedestrian entrances.
More information is needed in the form of a proffer or concept plan to
determine if this principle is met.
Rev1:Additional information needed. Will buildings on Berkmar have
pedestrian access from the street?
Relegated Parking A commitment should be r e for p Ing to be rf sated t e si
rear of buildings. If multiple buildings are proposed, buildings should be
brought to the front of the site along Berkmar Drive,with parking in thr
rear, as space permits.
More information is needed in the form of a proffer or concept plan to
determine if this principle is met.
Revi:Comment addressed.
Redevelopment The parcel is mostly wooded with a single dilapidated house on the
property.The house is not expected to remain with the development of
the site.
This principle is met.
Respecting Terrain and A proposed grading plan was not provided as part of the application;
Careful Grading and Re- however,there are no identified preserved slopes on the property. Any
grading of Terrain disturbance to the managed slopes on site will be required to meet the
design guidelines within the ordin nro
Clear Boy. ric +th Not applicable to this request.
the Rt
Additional Planning Comments
• Community Meeting (see attached guidelines)
o The applicant is required by ordinance to undertake a community meeting process as
part of the review of the ZMA amendment. Staff has not been notified that the
community meeting has been scheduled.
o You will be required to notify neighboring properties (staff can work with you to provide
a list of property owners) as well as the Board Member and Planning Commissioner for
your district.
o The meeting is expected to take place within 30 days of submittal. Since this timeframe
has already passed, please work on scheduling this meeting ASAP with the Places29-Rio
4
Community Advisory Council. Please keep staff informed of the community meeting
location and time.Staff will attend the meeting to answer questions, but the applicant is
responsible for facilitating the discussion.
Revi:Comments not addressed.
• In addition to the items already proffered, commitments should be provided for the following
features (as discussed above) in the form of a proffer or a proffered concept plan:
o Limiting retail to no more than 25%of the total floor area on site, limiting eating
establishments to no more than 1000 sq.ft.gross floor area, eliminating drive-through
windows and hospitals as permitted uses, limiting residential to only upper stories of
multi-story buildings.
o Revi:Comments addressed. Is it possible to phase the development of the retail space
to ensure there will be mix of non-retail and retail on the property?
o Keeping area adjacent to existing right-of-way northeast of property and Berkmar Drive
free from obstructions until Small Area Plan can make a recommendation on the
interconnection.
O Revi: Consider making a stronger commitment with a note on the concept plan or a
proffer for area along northern property line.
,,erkmar, measured 44'from the centerline
of Berkmar until Small Area Plan can make a recommendation on Berkmar streetscape.
Revi: Comment addressed.
O If the Small Area Plan does recommend a widening of Berkmar and interconnection
between Berkmar and Route 29,these areas should remain clear of obstructions until
thznts are nstructed.
o Locating buildings on Berkmar with a face to the street with pedestrian access and
relegated parking.
Revi: Comment not fully addressed.Consider also committing to providing pedestrian
access on Berkmar.
• A concept plan should be provided for this ZMA in accordance with section 33.4(c)(7) and as
indicated on your pre-application checklist. If maintaining flexibility is a priority for the future
use of a property, then a bubble plan can help achieve this while still showing commitments for
features listed above.
Revi:Staff recommends the plan be proffered as part of this rezoning. If so,it should clearly
state what commitments are being made. Staff can provide standard language for a "general
accord" proffer for the concept plan. We believe the following are important elements that
should be included as part of the proffered plan:
o Frontage treatment on Berkmar Drive
o Relegated parking.This should be defined more clearly with a note on the plan to
state that parking will be setback further from the street than building fronts and
either to the side or behind buildings.
o Primary/secondary development zones
o Reserving area for future connector road
• Provide n;, int .,sting cemetery. If this is to remain it should
be shown on the concept plan.
• Rev1: Comment addressed.
• Provide proffers in a form consistent with the County's Proffer Form Template (attached).
Revi:Comment addressed.
New Comments:
5
• Will certain uses be restricted to the secondary development zone only?Such as
warehousing/storage?This use is may be more appropriate in the secondary development
zone to reserve street frontage for buildings that are more pedestrian oriented. While mini-
storage is an allowable use within this land use designation, it is typically not conducive to a
pedestrian oriented site with buildings and spaces of human scale. Consider limiting this use
to the secondary development zone only and having a minimum of two stories to encourage a
more compact and walkable design.
• We recommend you either exclude the-certain uses listed in proffer 1 altogether(as was the
case on the initial submittal) instead of having these as special use
permit. Changing uses from by right to SP would not be allowable in a conventional zoning
district. . •' . . .. . . . - - . .. - . - •
• Uses such as gift shops, department stores, newsstands are considered retail and it is not
necessary to proffer these out since they will be limited by size restrictions. Uses that are not
compatible with the office/R&D/flex/LI land use that should be proffered out include
hospitals, hotels/motels/inns, drive through windows and funeral homes.
• It may be wise to allow the cemetery use by-right since there is an existing cemetery, but
consider providing language stating that the existing cemetery shall not be expanded.
Engineering Comments(Matt Wentland)
• The VSMP application for the property will be subject to the 116 criteria. Due to the age of the
previous Storm Water Management Plan and Analysis(2006), a new analysis and as-built on the
basin may be required.
Rev1: No objection.
Zoning Comments(Ron Higgins)
• Where is the "pre-existing cemetery" on 112E? Please show on concept plan.
• Under "b.Traffic" the deeded right-of-way is 40', not 40".
• C-1 or HC with use proffers could work in the Comprehensive Plan designation, "office,R&D,
flex, light industrial."
• If a cemetery exists,then why are cemeteries proposed to be excluded?
• Might want to consider requesting special exception for uses in excess of 4,000 sq.ft. now.
Rev1:Comments addressed.
RWSA(Victoria Fort]
• Capacity issues for sewer that may affect this proposal None known
• Requires Rivanna Water and Sewer Authority Capacity Certification Yes*
• Water flow or pressure issues that may affect this proposal See Below**
• "Red Flags" regarding service provision (Use attachments if necessary) None Known
*If the
development will produce over
40,000 gallons of sewage per day, a flow capacity certification will
p Y
be required prior to final site plan approval.
**Item 3 in the rezoning application lists impacts on public facilities and infrastructure, including water
and sewer. It should be noted that there are two RWSA water lines located adjacent to the property that
operate on different pressure bands. The 30"water line in Berkmar Drive operates with an HGL of 652
(urban pressure band). The 12" water line along the north boundary of the property is on a higher
pressure band (well over 100 psi at this location). The developer should take that into account when
6
i
INF lir
r!eirnin+'future improvements to the rite.
Virginia Department of Transportation Comments(Willis C. Bedsaul)
• There appears to be a spacing issue with the Better Living proposed entrance on TMP 45-112B.
VDOT recommends the proposed entrances be consolidated into one shared use entrance.
• Shared use entrances are used to reduce the number of access points along a corridor while
maintaining reasonable access to adjacent land uses.The access Management Regulations
24VAC30-73-120 requires shared entrances where possible (refer to Appendix F., page F-23 and
page F-118 for further reference).
• We recommend a meeting with VDOT and County staff to discuss entrance in more detail.
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. See resubmittal schedule is for resubmittal
dates.
Notification and Advertisement Fees
Prior to scheduling a public hearing with the Planning Commission, payment of the following fees is
needed:
$147 Cost for newspaper advertisement (PC)
$215 Cost for notification of adjoining owners
$362 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 needed.
$147 Additional amount due prior to Board of Supervisors public hearing
$509 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 same time.
Additional notification fees will not be required unless a deferral takes place and adjoining owners need
to be notified of a new date.
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,
I I pV,e6 )
Rachel Falkenstein
Senior Planner
Planning Division
7
Enc: Action after receipt of comment letter
Resubmittal form
8
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�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
June 3, 2016
Frank Stoner
Milestone Partners, LLC
3002 n1 St NE
Charlottesville, VA 22902
fstoner@milestonepartners.com
RE: ZMA2016-09 Wood Von Storch Rezoning
Dear Mr. Stoner:
Staff has reviewed your initial submittal for the above application to rezone TMP 45-112 & 45-112E from
R-6 Residential to C-1 Commercial. We have a few questions and 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.
Planning Comments (Rachel Falkenstein)
Staff's comments are organized as follows:
How the proposal relates to the Comprehensive Plan
The Neighborhood Model analysis
Additional planning comments
Additional comments from reviewers
Consistency with the Comprehensive Plan
Comments on conformity with the Comprehensive Plan will be provided to the Planning Commission
and Board of Supervisors as part of the staff report when this proposal goes to public hearing or a
worksession.
Land Use:
The property is designated Office/R&D/Flex/Light Industrial in the Places29 Master Plan, which
calls for employment -generating uses, the majority of which are expected to be non -retail.
Examples of uses expected within this designation include professional office, research and
development, design, testing of prototypes, manufacturing, assembly and packaging.
The C-1 zoning district does partially line up with the recommended uses within
Office/R&D/Flex/LI; however, additional steps can be taken to better align the proposal with this
land use designation. Please consider the following:
o Limiting retail to no more than 25% of the total floor area on site.
o Limiting eating establishments to no more than 1000 sq. ft. gross floor area.
o Eliminating drive-through windows and hospitals as permitted uses.
o Residential uses could be permitted as a secondary use and should only be permitted on
upper floors of multi -story buildings.
o If laboratories/research and manufacturing/processing/assembly/fabrication uses with a
gross floor area exceeding 4000 square feet are anticipated on site, we recommend you
apply for a special exception with your rezoning application to avoid having to return for
board approval at a later date.
Transportation:
The Places29 Master Plan calls for a network of roads parallel and perpendicular to US 29 and
the creation of blocks where possible. The US 29 North Corridor Transportation Study shows a
possible connection between Route 29 and Berkmar Drive in the vicinity of this site. It is
expected that the Small Area Plan for this area of Places29, currently underway, will provide a
more detailed transportation network that will determine the need and ultimate alignment for a
connection in this area.
VDOT has stated that a connection between Route 29 and Berkmar Drive at this location could
be feasible if intersection and roadway improvements are made at the current intersection with
Route 29. These upgrades are unlikely to happen until the adjacent parcels along Route 29
redevelop. A future connection to Berkmar through his property should not be forclosed upon
at this time, at least until the Small Area Plan can provide further guidance on the need for this
interconnection.
o Until the Small Area Plan can be completed, staff recommends the area between the
existing right-of-way on adjacent 45-112C and Berkmar Drive be kept clear of
impediments to a future roadway in this location.
o If the Small Area Plan does call for an interconnection in this area the area should
remain clear of obstructions until the connection can be built.
The Master Plan also calls for the widening of Berkmar Drive to four lanes. New development
would be expected to either provide land for these improvements or accommodate future
improvements. Since the Small Area Plan is also expected to provide a more detailed
recommendation for the Berkmar streetscape, staff is ok with the applicant not offering to
dedicate right-of-way at this time.
o We ask that area of right-of-way be reserved for a future dedication, measured 44' from
the centerline of Berkmar Drive to allow for an additional travel lane, bike lane, sidewalk
and street trees.
o If the Small Area Plan recommends a narrower street section than what is
recommended for this section of Berkmar Drive in Places29, then the area of
reservation can be reduced after completion of the plan.
Neighborhood Model
The following describes how the proposed development meets or does not meet the principles of the
Neighborhood Model.
Pedestrian Orientation Sidewalks and street trees along Berkmar Drive will be required with the
site plan for the development of this property. Street trees should be
located between the back of curb and the sidewalk. The application and
narrative do not provide any commitments for building locations and
provisions for pedestrian access.
An additional commitment should be made to provide pedestrian
entrances and walkways to buildings fronting on Berkmar.
2
Mixture of Uses
Though no specific use is bring proposed at this time, the proffers limiting
retail uses will help encourage a mixture of uses on this site.
This principle is met.
Neighborhood Centers
The development is not part of an identified center nor is it adjacent to
any centers.
This principle is not applicable because there are no nearby centers shown
on the Places29 Master plan to which it could relate.
Mixture of Housing
This property is proposed for commercial zoning district that allows
Types and Affordability
residential uses by special use permit. The Places29 Master Plan does not
recommend this property for residential as a primary use.
This principle is not applicable
Interconnected Streets
The potential connection to Route 29 through existing right-of-way
and Transportation
northeast of the property could improve interconnectivity in the area.
Networks
Until the Small Area Plan is completed for this area, the area between this
right-of-way and Berkmar Drive should be kept clear of buildings. If the
Small Area Plan recommends this connection, this area should remain
free of obstructions until the connection can be built.
More information is needed as to whether or not a future connection
would be obstructed by buildings. A concept plan showing this area free
from buildings could help accomplish this.
Multi-modal
Sidewalks along Berkmar and throughout the site will be required with
Transportation
the site development plan for this property. Bike lanes may eventually be
Opportunities
provided with a future widening of Berkmar. Area needed for the
widening should be reserved and kept free from obstructions with this
development.
More information is needed as to whether or not area for a future
widening of Berkmar will be obstructed. A concept plan reserving area
along Berkmarfor a potential future widening could accomplish this
principle.
Parks, Recreational
This property is not designated for parks or greenways within the Master
Amenities, and Open
Plan. Though a central amenity space should be considered to serve the
Space
development.
This principle is not required, but would be a nice addition to the
development.
Buildings and Space of
A commitment should be made for buildings fronting on Berkmar to have
Human Scale
a face to the street with pedestrian entrances.
More information is needed in the form of a proffer or concept plan to
determine if this principle is met.
Relegated Parking
A commitment should be made for parking to be relegated to the side or
rear of buildings. If multiple buildings are proposed, buildings should be
brought to the front of the site along Berkmar Drive, with parking in the
rear, as space permits.
More information is needed in the form of a proffer or concept plan to
determine if this principle is met.
Redevelopment
The parcel is mostly wooded with a single dilapidated house on the
property. The house is not expected to remain with the development of
the site.
This principle is met.
Respecting Terrain and
A proposed grading plan was not provided as part of the application;
Careful Grading and Re-
however, there are no identified preserved slopes on the property. Any
grading of Terrain
disturbance to the managed slopes on site will be required to meet the
design guidelines within the ordinance.
Clear Boundaries with
Not applicable to this request.
the Rural Area
Additional Planning Comments
Community Meeting (see attached guidelines)
o The applicant is required by ordinance to undertake a community meeting process as
part of the review of the ZMA amendment. Staff has not been notified that the
community meeting has been scheduled.
o You will be required to notify neighboring properties (staff can work with you to provide
a list of property owners) as well as the Board Member and Planning Commissioner for
your district.
o The meeting is expected to take place within 30 days of submittal. Since this timeframe
has already passed, please work on scheduling this meeting ASAP with the Places29-Rio
Community Advisory Council. Please keep staff informed of the community meeting
location and time. Staff will attend the meeting to answer questions, but the applicant is
responsible for facilitating the discussion.
In addition to the items already proffered, commitments should be provided for the following
features (as discussed above) in the form of a proffer or a proffered concept plan:
o Limiting retail to no more than 25% of the total floor area on site, limiting eating
establishments to no more than 1000 sq. ft. gross floor area, eliminating drive-through
windows and hospitals as permitted uses, limiting residential to only upper stories of
multi -story buildings
o Keeping area adjacent to existing right-of-way northeast of property and Berkmar Drive
free from obstructions until Small Area Plan can make a recommendation on the
interconnection.
o Reservation of area for a future widening of Berkmar, measured 44' from the centerline
of Berkmar until Small Area Plan can make a recommendation on Berkmar streetscape.
o If the Small Area Plan does recommends a widening of Berkmar and interconnection
between Berkmar and Route 29, these areas should remain clear of obstructions until
the improvements are constructed.
o Locating buildings on Berkmar with a face to the street with pedestrian access and
relegated parking.
A concept plan should be provided for this ZMA in accordance with section 33.4(c)(7) and as
indicated on your pre -application checklist. If maintaining flexibility is a priority for the future
use of a property, then a bubble plan can help achieve this while still showing commitments for
features listed above.
Provide more information on the location of the existing cemetery. If this is to remain it should
be shown on the concept plan.
Provide proffers in a form consistent with the County's Proffer Form Template (attached).
Engineering Comments (Matt Wentland)
The VSMP application for the property will be subject to the IIB criteria. Due to the age of the
previous Storm Water Management Plan and Analysis (2006), a new analysis and as -built on the
basin may be required.
4
Zonine Comments (Ron Hieeins
Where is the "pre-existing cemetery" on 112E? Please show on concept plan.
Under "b. Traffic" the deeded right-of-way is 40', not 40".
C-1 or HC with use proffers could work in the Comprehensive Plan designation, "office, R&D,
flex, light industrial."
If a cemetery exists, then why are cemeteries proposed to be excluded?
Might want to consider requesting special exception for uses in excess of 4,000 sq. ft. now.
RWSA (Victoria Fort)
Capacity issues for sewer that may affect this proposal None known
Requires Rivanna Water and Sewer Authority Capacity Certification Yes*
Water flow or pressure issues that may affect this proposal See Below**
"Red Flags" regarding service provision (Use attachments if necessary) None Known
*If the development will produce over 40,000 gallons of sewage per day, a flow capacity certification will
be required prior to final site plan approval.
**Item 3 in the rezoning application lists impacts on public facilities and infrastructure, including water
and sewer. It should be noted that there are two RWSA water lines located adjacent to the property that
operate on different pressure bands. The 30" water line in Berkmar Drive operates with an HGL of 652
(urban pressure band). The 12" water line along the north boundary of the property is on a higher
pressure band (well over 100 psi at this location). The developer should take that into account when
designing future improvements to the site.
Virginia Department of Transportation Comments (Joel DeNunzio)
Comments forthcoming.
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 no fee for the first resubmittal. See
resubmittal schedule is for resubmittal dates.
Notification and Advertisement Fees
Prior to scheduling a public hearing with the Planning Commission, payment of the following fees is
needed:
$147 Cost for newspaper advertisement (PC)
$215 Cost for notification of adjoining owners
$362 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 needed.
$147 Additional amount due prior to Board of Supervisors public hearing
$509 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 same time.
5
Additional notification fees will not be required unless a deferral takes place and adjoining owners need
to be notified of a new date.
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,
0 W-&�
Rachel Falkenstein
Senior Planner
Planning Division
Enc: Action after receipt of comment letter
Resubmittal form
Community Meeting guidelines
Proffer template
11
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:
Resubmittal of information for
k»
Zoning Mau Amendment .N
PROJECT NUMBER THAT HAS BEEN ASSIGNED: ZMA2016-09 Wood Von Storch Rezoning
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
0
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
COMMUNITY MEETING GUIDELINES
For ZMAs, SPs, CCPs, and CPAs
1. Requirement for community meeting
a. A community meeting is required for all applications for Zoning Map Amendments (ZMAs),
Special Use Permits (SPs), public requests for a Compliance with the Comprehensive Plan (CCP)
review and requests for Comprehensive Plan Amendments (CPAs) in accordance with Section
33.4.j. of the Zoning Ordinance. The meeting is particularly important if the proposal is likely to
generate public concerns because of the nature of the request, acreage affected, proposed
density and/or scale, potential impacts, such as traffic, noise, etc., or due to the history of the
proposal/property.
2. Purpose of community meeting:
a. The purpose of the meeting is to provide interested members of the public the opportunity to
receive information about the proposed project, the applicable procedures, and the policies of
the Comprehensive Plan, other relevant policies, and regulations applicable to the proposed
project.
3. Timing for the community meeting
a. The community meeting should be held no later than 31 days after the application fee is paid.
This will allow information from the meeting to be included in lead reviewer's first round of
comments, if necessary). The meeting may be held at a later date, if circumstances warrant.
b. The community meeting may be scheduled in advance of the application, if desired. The
applicant should verify with County staff that their meeting will meet community meeting
requirements to avoid hosting another meeting after the application has been made.
c. Public hearing notice signs may be posted at the proposed project site before the meeting is
held to assist in notification, if deemed appropriate or necessary. These signs will only be posted
after the application fee is paid, which activates the review.
4. Setting the date for the community meeting
a. Setting up a community meeting is the responsibility of the applicant.
b. Before the community meeting date is scheduled, the lead reviewer should forward email
correspondence with the applicant about the meeting to the Planning Commissioner (PC) and
member of the Board of Supervisors (BOS) in whose district the project is proposed. If a
Community Advisory Committee (CAC) exists for the project area, then the chair of the CAC
should also be included in the email correspondence.
c. The applicant should then proceed to coordinate the meeting date, place and time with the lead
reviewer, the Community Engagement Specialist, the PC member, BOS member and, if
applicable, the CAC chair. The PC and BOS member may not choose to attend, but the lead
reviewer needs to be present at the meeting.
Page 1 of 3 Rev. May 10, 2016
If there is an active CAC which covers proposed site, strong consideration should be given to
using a CAC meeting for the venue for the community meeting and discussion. Other
standing/" recognized" community bodies may also be acceptable, such as a neighborhood
association or community associations like EARL (Earlysville Area Residents League).
Holidays or days near holidays (such as the Wednesday before Thanksgiving) or a religious
holiday (such as Christmas Eve), should not be used for community meetings.
Community meetings should be held during times when the majority of the community may be
able to be present, usually between the hours of 5:30 p.m. and 9:00 p.m. on a weeknight.
5. Location for the community meeting
a. The meeting should be held in a location deemed reasonably accessible to residents in the area
of the proposed project. If it is to be held in conjunction with a CAC meeting, the location has
already been established.
b. If a separate meeting is to be scheduled, the place for the meeting can be a known community
center or meeting place, a public school or building, or other building that the applicant can
arrange near the proposed project. The applicant is responsible to arrange for the meeting
place.
6. Notification of the meeting
a. As a rule, notification of meetings should be sent to all property owners of record within a % to
mile radius in a Development Area, % to 1 mile radius in the Rural Area, or such other area as
deemed appropriate for the proposed project. However, there may be exceptions to these
distances, depending on the geography of the area.
b. The specific area to be notified shall be determined by the Planning Staff based on the specifics
of the proposal and the County will provide the list of property owners to whom notification
letters should be sent.
C. The County can provide the applicant a sample invitation letter.
d. The applicant must sign the invitation letter and send it at least 2 weeks in advance of the
meeting. The letter should be sent either by certified mail or regular mail. The invitation must
also be sent to staff, PC and BOS members for the district in which proposed project is located.
If the letter is sent by regular mail, the applicant must provide verification to staff he/she mailed
the invitation to all on the list provided by the County.
7. Waiver of Community Meeting
a. The requirement for the community meeting maybe waived if:
1. The proposed project is not likely to generate public concerns, is or such a small scale as to
have negligible impacts to surrounding properties/area and if
2. The Board member from the district in which the proposal is located has agreed to waive
the requirement.
3. Staff is to provide information on whether the project is eligible to pursue a waiver of this
requirement in the mandatory preapplication comment letter.
8. Conducting the meeting
a. The community meeting is to be facilitated by applicant. If the meeting is held in conjunction
with a CAC meeting, then the chair of the meeting will recognize the applicant during the
meeting as indicated on the agenda.
Page 2 of 3 Rev. May 10, 2016
b. The applicant is expected to provide an overview of the proposal and answer questions about
the proposed project. Location maps, concept plans are to be provided. Additional narratives, a
code of development, or other information may also be provided.
c. Staff is to provide general information on applicable County policies and the review process but
is not expected to provide comments about the proposal itself, because review of the project
will have just begun.
d. Various formats for the meeting are acceptable such as an open house, a presentation at a
meeting with a Q & A period or other suitable format.
9. Meeting follow-up
a. Staff will document issues identified in the meeting and provide this information to the
applicant and to the PC and BOS in the staff report, as appropriate.
b. The applicant is not required to revise his/her proposed project based on public questions and
comments, but, may, at their own discretion, make changes before an initial application or with
a resubmittal.
10. Questions concerning community meetings
a. Questions concerning times, dates, and locations of upcoming CAC meetings should be referred
to Emily Kilroy, Community Engagement Specialist at 434-296-5842 ext. 3422 or
ekilroy@albemarle.org.
b. Other questions concerning procedures for community meetings should be referred to the
planner who is coordinating the review of the project.
Page 3 of 3 Rev. May 10, 2016