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HomeMy WebLinkAboutZMA201700005 Review Comments Zoning Map Amendment 2017-09-01COUNTY OF ALBEMARLE Department of Community Development Division of Planning (434) 296 — 5823 September 1, 2017 Justin Shimp 201 East Main Street, Suite M Charlottesville, VA 22902 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 Fax (434) 972 - 4035 RE: ZMA201700005 Hollymead Town Center (Area C) — Blocks 11, III, and VH Dear Mr. Shimp: Staff has reviewed your initial submittal to increase the maximum allowable non-residential square footages permitted in Table A of the Code of Development for Hollymead Town Center (Area C). We have a number of questions and comments which we believe should be resolved before you resubmit. We would be glad to meet with you on these issues to discuss them. Our comments are consolidated below: Planning I have received several important pieces of information since my last email to you regarding this application on August 18, 2017. First, an Official Letter of Determination made by Ron Higgins, Deputy Zoning Administrator, found that the existing Rosewood Village facility in Block III does not count towards the 50,000 square foot limit of non-residential square footage (see attached). Second, VDOT and the County's Transportation Planner have provided comments on the traffic study (attached and below). I would like to schedule a time to speak with you about these comments. I would like to better understand how you and your clients would like to move forward in response to this information. At a minimum, staff believes the transportation impacts should be further analyzed in response to these comments before considering a public hearing with the Planning Commission. I also have some clarification edits and questions on the revised Code of Development below: 1. Please revise the application narrative to remove references to Block I and clarify whether the request applies to Block VI or Block VII. I believe the title for the Block Exhibit on page 4 just needs to be updated to identify Block VII instead of Block VI. 2. Question - - Is the overall scope of the request going to change as a result of the official determination from Ron? If so, the changes should be reflected throughout the Code, including both the narrative (page 5) and Table A (page 23). 3. The current requested changes to the Code of Development utilize a strip format with proposed changes shown in red. Changes approved under a previous amendment (ZMA201300004) to the original rezoning also utilized this method, but those changes are shown in black. Please add a note on page 1 of the Code to clarify that changes shown in black were approved under ZMA201300004 and state that any changes approved under this request will be shown in red. 4. Question - - It does not appear that any information related to Block VII is proposed to change. Have we missed a requested to change to this block? 5. Question - - For those blocks with changes proposed, have you reviewed the subsequent tables to identify any other requested changes that may be needed as a result? How about changes to the block descriptions beginning on page 6? 6. Question - - Is it possible that one of the current rezoning applications is unnecessary as a result of the zoning determination in Block III? Is it possible for a request to move forward as a variation as opposed to a rezoning? Lastly, I wanted to share that staff analysis on ZMA201700006 determined there is approximately 16,804 non-residential square footage remaining in Block I under the existing Code of Development. This number is based on the Bojangles in Lot A utilizing approximately 3,516 square feet and takes into account 46,680 square feet proposed to be utilized by the Comfort Suites in Lot B. Please consider this number as you evaluate how (and if) you would like to revise Block I in the revised Table A. Neighborhood Model No changes to the form of development are proposed with this application. However, there may be applicable Neighborhood Model analysis to provide as a result of the requested changes. More details will be provided once the exact scope of the request has been confirmed. Zoning — Ron Higgins Revised Code of Development should be corrected to show either: no changes to Block one with no references to Block one elsewhere in the documents, or; increase in square footage being added to Block one to 40,000 sq. ft. to correspond with the request in ZMA201700006 and a reference to that ZMA. Proffers — Rebecca Ragsdale/J.T. Newberry Please confirm that you are not requesting to modify the existing proffers approved under ZMA200100020. Engineering and Water Resources — Frank Pohl No objection at this time. Entrance Corridor — Margaret Maliszewski No objection at this time. ACSA — Alex Morrisson I hereby recommend approval of both ZMA's with the following comments: • All site development plans proposing the extension of public water and/or sewer infrastructure will require a construction plan review by the ACSA. • RWSA Wastewater Capacity Certification will be required at the final site plan stage. • Prior to final site plan approval the applicant will be required to enter into a wastewater capacity agreement with the ACSA. 2 Transportation Planner — Kevin McDermott • A scoping meeting to determine the assumptions and methodology used in the traffic analysis wasn't held making this memorandum difficult to review. In the future please coordinate with the County and VDOT on the development of the scope for these traffic studies. • The traffic analysis states in assumption #5 that a 25% reduction was applied to all trips to account for the Berkmar Extension and then in assumption # 6 a 25% reduction was also applied to background traffic was for two movements to account for the Berkmar Extension. Please explain the difference in these two reductions and how the second one was applied. I see the first in the reduction in overall reduction in trips generated. • Trip distribution describes 10% of the trips as coming from the west. Are those all coming in on Timberwood Boulevard or does that include Lockwood Drive as well? • I would like to have a better explanation as to how the capacity thresholds were developed and set. The analysis says total inbound or outbound peak hour should not exceed 320 but I don't see how that number was arrived at. Were the number of trips just increased in the model until a movement went to failing or if it was already failing until it decreased to a certain level? • I calculated a much higher trip generation by approximately 1000 daily trips under both the by right and the proposed. This is likely partially due to your use of LU code 932 High Turnover Sit Down Restaurant for Bojangles when it should be a Fast Food LU code 934 or 933 but it is difficult to tell without the breakdown of trips by block. Please provide a display or table showing the breakdown of trips by block to assist in the identification of impacts. • The analysis states that the roundabouts were reviewed from a cursory level to ensure adequate capacity is available. There are no statements regarding the results of that review. Please provide these. • Please provide a general evaluation of internal left turn movements and the effect of the increase trips on those to insure adequate capacity in the turn lanes or the need for turn lanes if they do not exist. • There is no trip distribution to the right in right out from Block 1 directly to US 29. Please explain if and how that movement might impact other movements in the corridor. VDOT — Adam Moore Comments from VDOT- attached Action after Receipt of Comments As indicated above, I would like to set up a meeting with you regarding this project. However, you have several different options, which are identified on the "Action After Receipt of Comment Letter" which is attached. After you have read this letter, please take one of the actions. Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. Resubmittals are received on the first and third Mondays of each month. The 2017 Submittal and Resubmittal Schedule may be found here: http://www.albemarle.org/upload/images/forms_center/departments/Community Development/for ms/schedules/Special_ Use Permit _& Zoning Map Amendment_Schedule.pdf. Notification and Advertisement Fees The zoning ordinance specifies that applicants pay for the notification costs for public hearings. Prior to scheduling a public hearing with the Planning Commission, payment of the following fees is needed: $ 406 Cost for newspaper advertisement 215 Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner after 50 adjoining owners) $ 621 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. $ 406.00 Additional amount due prior to Board of Supervisors public hearing $ 1027.00 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 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. Please feel free to contact me if you wish to meet or need additional information. Sincerely, & 4, 1%,A� J.T. Newberry Senior Planner Attachments 2 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 18, 2017 Core Real Estate and Development C/o Dr. Charles W. Hurt 195 Riverbend Drive Charlottesville, VA 22911 RE: LOD201700021-Zoning Determination of Land Use Category for Table A of ZMA 200100020: Rosewood Village Assisted Living Facility -2029 Lockwood Drive-TMP03200-00- 00-041 KO (hereinafter "the Property") Dear Dr. Hurt: You have asked if the Rosewood Village Assisted Living Facility at 2029 Lockwood Drive and Timberwood Boulevard counts toward the "non-residential" square footage in the Use Table (Table A) of Hollymead Town Center -Area C, Code of Development for ZMA200100020. This ZMA rezoned the Property to Planned Development Mixed Commercial (PDMC). It is my determination that the Rosewood Village Assisted Living Facility (hereinafter "the facility") use counts as a residential use in the Use Table, Table A, of the Hollymead Town Center -Area C. This determination of land use category is based on the following: 1. The use "Assisted Living Facility" is defined in the Albemarle County Zoning Ordinance, §18-3.1, as "A residential facility...." 2. The Albemarle County Board of Supervisors approved a special use permit (SP200500032) on April 11, 2006, for a 70,000 sq. ft. assisted living facility on 1.25 acres of this parcel. The staff report for this special use permit noted the residential nature of this use. 3. Rosewood is the residence for those who dwell there. This is the case even though each unit does not constitute a dwelling unit per the Zoning Ordinance. The approved initial site development plan for the facility, SDP200500149, included the assisted living facility of 69,086 sq. ft., commercial use of 27,375 sq. ft. and 8 dwelling units (of the 10 permitted in the Code of Development). The approval of the final site development plan (SDP200600064) for the facility did not count against the maximum allowance of 50,000 sq. ft. LOD201700021-Rosewood Village Assisted Living Facility for "non-residential uses" in Block III, as it was a residential use, even though it also did not count as dwelling units. Anyone aggrieved by this determination has a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If not timely appealed, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with a fee of $258 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Albemarle County Code § 18-34.3. They may be reviewed online at www.albemarle.org/couptycodeb_ Sincerely d L. Higgins, AICP of Zoning/Deputy Zoning Administrator Copy: Rosewood Village of Hollymead LLC Justin Shimp, P.E. - Shimp Engineering PC Andrew Gast -Bray, Director of Planning John Blair, Assistant County Attorney Enclosed: GIS Zoning Map LOD201700021-Rosewood Village Assisted Living Facility Charles A. Kilpatrick, P.E. Commissioner COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper Virginia 22701 August 23, 2017 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: J.T. Newberry Re: HoIlymead Town Center Area C -Block I, II, III, VII- Rezoning Amendment Application Plan. ZMA-2017-00005 ZMA-2017-00006 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, Shimp Engineering, PC., dated June 19, 2017 and offer the following comment. 1. This study does not appear to account for the North Pointe development which will increase the traffic on the Route 29 corridor and is under the site plan development stage. This development along with the opening of Berkmar Extended will change traffic patterns in the area. This should be included in the analysis. 2. The study does not include the currently proposed connection of Berkmar Drive (Meeting Street) through to Airport Road. This connection is a significant priority for the county and should be included in the analysis. 3. VDOT currently has safety concerns at the intersection of Town Center Drive and the two opposing shopping center entrances (near Harris Teeter). These concerns are informed by a concentration of crash incidents and citizen feedback. At this time alternative intersection designs should be analyzed as there is insufficient spacing between the signal at Route 29 and the roundabout for an additional traffic signal. Any changes may necessitate changes in trip distribution assumptions. If further information is desired please contact Willis C. Bedsaul at (434) 422-9866. Sincerely,. Adam J. ore, P.E. Area Land Use Engineer Charlottesville Residency WE KEEP VIRGINIA MOVING FOR OFFICE USE ONLY SP # or ZMA # Fee Amount $ Date Paid By who? Receipt # Ck# By: Resubmittal of information for Special Use Permit or���, Zoning Map Amendment �l�grllP'� PROJECT NUMBER: ZMA201700022 PROJECT NAME: Hollymead Town Center Area C Block 1 ❑ Resubmittal Fee is Required J.T. Newbe Community Development Project Coordinator P. hwk,7�, 1/19/17 Signature Date ❑ Per Request X Resubmittal Fee is Not Required Name of Applicant Signature FEES Phone Number Date Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000 $200 + actual cost of first-class postage X First resubmission FREE ❑ Each additional resubmission $500 Resubmittal fees for original Special Use Permit fee of $2,000 ❑ First resubmission FREE ❑ Each additional resubmission $1,000 Resubmittal fees for original Zoning Map Amendment fee of $2,500 ❑ First resubmission FREE ❑ Each additional resubmission or— Resubmittal fees for original Zoning Map Amendment fee of $3,500 $1,250 ❑ First resubmission FREE ❑ Each additional resubmission $1,750 ❑ Deferral of scheduled public hearing at applicant's request — Add'l notice fees will be required $180 To be Daid after staff review for Dublic notice: Most applications for Special Use Permits and 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. MAKE CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER Preparing and mailing or delivering up to fifty (50) notices $200 + actual cost of first-class postage Preparing and mailing or delivering each notice after fifty (50) $1.00 for each additional notice + actual cost of first-class postage Legal advertisement (published twice in the newspaper for each public hearing) Actual cost minimum of $280 for total of 4publications) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 6/7/2011 Page 1 of 1 DEPARTMENT OF COMMUNITY DEVELOPMENT o 9L 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 vour comment letter with vour 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 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. Revised 6-15-17 mcy 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 paid in cash or by check 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. Fees may also be paid by credit card using the secure online payment system, accessed at http://www.albemarle.org/department.asp?department=cdd&relpage=21685. Revised 6-15-17 mcy