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HomeMy WebLinkAboutZMA201700007 Review Comments Zoning Map Amendment 2017-10-06COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 9724126 October 5, 2017 Ashley Davies Williams Mullen 321 E. Main St., Suite 400 Charlottesville, VA 22902 adavies@williamsmullen.com Chris Schooley University of Virginia Foundation (UVAF) PO Box 400218 Charlottesville, VA 22904 cschooley@uvafoundation. comu RE: SP-2017-00023 Birdwood — Boar's Head Temporary Connector Road (Amendment) Dear Mrs. Davies and Mr. Schooley: Your request for Special Use Permit Amendment SP-2017-00023 for the proposed Temporary Connector Road from Golf Course Drive on the Birdwood property to Berwick Drive on the Boar's Head property has been reviewed by members of Albemarle County staff and our partner agencies. Review comments are provided below, organized by Department, Division, or agency. Planning During our initial review, staff have taken into consideration the temporary, restricted -access characteristics of this request as we have analyzed the proposed project's consistency with the Comp Plan, its potential on -site and off -site impacts, and all other issues. Another notable consideration is the property owner's broader intentions of this temporary connector road eventually becoming a permanent, unrestricted private street to function as the new primary entrance into Boar's Head Resort and Sport's Club. These review comments are reflective of these multi -phase dynamics; and where appropriate, efforts have been made to identify broader, long-term considerations that may not be directly applicable now, but which may be applicable to future improvements and development (and which may have implications for the current planning, design, and regulatory review for the temporary connector road). Concerns about this request have been raised by VDOT and ACSA. However, Planning staff have not identified any required changes or revisions that need to be addressed prior to the Planning Commission public hearing that is scheduled for October 31, 2017. Staff are in the process of developing and finalizing recommended conditions of approval for this proposal, to present to the Planning Commission for their consideration; please see the "SP Conditions" subsection, below, for more details. Zoning The following comments related to zoning matters have been provided by Zoning Administrator Amelia McCulley on 10/02/2017: 1. For several reasons, permanent improvements such as landscaping, may not be appropriate for a temporary short-term use. Non -vehicular connections, such as pedestrian and golf cart crossing paths may be considered more appropriate as these improvements are helpful whether there is a permanent interconnecting road or not. 2. Before construction commences an easement or some other document may be necessary to provide legal permission for construction on the Boar's Head Sports Club property, tax map parcel 059D2-01-00-01500. That property is held by the entity "University of Virginia Host Properties, Inc." 3. A condition relating to traffic control during this special event is relevant. It may be appropriate to use the VDOT Maintenance of Traffic (M.O.T.) plan for this requirement. 4. We will review existing conditions for approval of the indoor golf facility to determine what additional conditions may be relevant for the currently proposed use. Engineering The following comments related to engineering have been provided by County Engineer Frank Pohl, P.E., C.F.M. on 9/29/2017: 1. VSMP permitting will be required if LDA exceeds 10,000 s£ 2. A private road plan submittal will be required. Confirm and provide existing pavement width and slope for Golf Course Drive all the way to SR250 as part of the road plan submittal. (Planning staff will provide clarification on this comment next week.) VDOT The following comments related to transportation matters have been provided by Adam Moore, P.E., on 10/4/2017: 1. Please provide MOT (Maintenance of Traffic) plan sheet to be put on file for traffic control. Architectural Review Board The following comments related to Entrance Corridor and Architectural Review Board matters have been provided by Margaret Maliszewski on 9/27/2017: 1. The temporary connector road is not expected to have a visual impact on the Entrance Corridor or on nearby historic resources. Albemarle County Service Authority (ACSA) No written review comments have been provided by ACSA as of the date of this letter. However, at an Interdivisional meeting on 9/29/2017, Alexander Morrison, P.E., provided initial feedback 2 which Community Development staff have attempted to summarize as follows (below). Please coordinate directly with Mr. Morrison if you need clarification or explanation of the following. 1. ACSA indicated there are "quite a few concerns" with this proposal, and how this proposal relates to separate proposed projects that are also in process of review. Specifically, conflicts were noted between the existing water main and the proposed grading, stormwater infrastructure, and landscaping. 2. ACSA also noted that issues with the existing water line have been identified during recent reviews of the UVA Squash and UVA Golf site plans. ACSA expressed the importance of reviewing these projects holistically, and noted that it may be necessary to require a "utilities master plan" to be prepared and submitted to ACSA. 3. ACSA noted specific issues with the existing 6" water line along Berwick Drive, adding that these issues have been previously identified, and ACSA has previously requested revised modeling and associated data to reflect the existing 6" water line. (Previous modeling and analysis used a 12" water line, which is incorrect.) 4. Either a partial upgrade or a full replacement of the existing water line will be necessary. Revised / corrected modeling is necessary before ACSA can determine the location and extent of required water line replacement. 5. ACSA also noted that no expansions or new development are to be permitted at the Boars' Head Sports Club without this existing 6" water line being replaced along Berwick Road, as it is now considered undersized and unable to accommodate increased demand/service. Fire Rescue corroborated this important detail, noting that the existing Sports Club facility is close to being "short on fire flow requirements." 6. ACSA indicated the need for the applicants to confirm the similarities or discrepancies between the currently -proposed (temporary) road alignment and the future (unrestricted / permanent) road alignment. Rivanna Water and Sewer Authority (RWSA) The following RWSA comments have been provided by Victoria Fort, P.E., on 9/27/2017: 1. RWSA has reviewed the provided materials for the Boar's Head Temporary Connector Road (SP201700023) and does not anticipate any impact to existing or planned RWSA facilities. Fire/Rescue The following comments related to Fire/Rescue have been provided by Robbie Gilmer on 9/25/2017: 1. The proposed gate will require a Knox Pad lock for emergency access when closed. Please note that the Community Meeting was to be scheduled and conducted, in accordance with the Community Meeting Guidelines (see attached), on or before October 5th. This stipulation was specified in the Mandatory Pre -Application Meeting memo prepared by Mrs. Elaine Echols, FAICP, and provided on September 15, 2017. Potential Impacts to Road Network: The Virginia Department of Transportation (VDOT) has noted that the applicant needs to provide a special event Maintenance of Traffic (MOT) Plan in connection with this special use permit amendment request. The MOT Plan is to include a "parking plan" component as well as a "traffic 3 control plan" component, which should detail how the applicants or property owners will provide traffic monitoring and traffic control assistance, especially in connection with turning motions at the intersection of Golf Course Drive and U.S. 250 during event arrivals and departures. VDOT indicated no objections to postponing broader transportation analysis and discussions, including the possibility of future signalization (or other intersection improvements) at Golf Course Drive and U.S. 250, until such time that the property owners intend to request approval(s) to construct non -temporary, unrestricted transportation improvements. Future Land Use and Development in Area B: Please note that the subject property is located within "Area B," which is an area for cooperative planning with the County of Albemarle, the University of Virginia, and the City of Charlottesville. Area B contains land which lies at the boundaries of the University in either the City or the County, or has otherwise been designated as part of Area B; and on which the activities of any, or all three, of the parties might have a significant effect, as designated on the Map. Development in these areas continues to be guided by the current City and County Comprehensive Plan and the current University of Virginia Plan. This three -party planning agreement takes place through the Planning & Coordination Council (PACC). All substantial land uses, improvements, and development within Area B should be formally presented to PACC for review and comment. Permitting Requirements: In addition to the requested special use permit amendment for Birdwood, please be aware of the additional submittals and approvals that will be necessary in order to construct the proposed temporary connector road. These requirements were specified in the Mandatory Pre -Application Meeting memo prepared by Mrs. Elaine Echols, FAICP, and provided on September 15, 2017. - Road Plan - WPO Plan - Special Lot Plat for the road right of way (after special use permit amendment approval) Any and all future permitting requirements for the proposed non -temporary, unrestricted private street will be identified at whatever such time the property owners intend to request approval(s) to construct such improvements. At minimum, the future permitting requirements will include a special use permit amendment for the Birdwood property, as well as a zoning map amendment and site plan amendment for the Boar's Head property. Additional future submittals and approvals may also be required by the County and/or partner agencies for the proposed non -temporary, unrestricted private street and/or other proposed uses and improvements. SP Conditions: Staff are in the process of developing and finalizing recommended conditions of approval for this proposal; the recommended conditions will involve or address the following issues: ■ Development must be in general accord with the concept plan (received 9/21/2017), with major elements currently identified as: - a gate (or similar physical barrier for access management); and - pedestrian infrastructure (including sidewalks, crosswalks, and exterior lights). 4 ■ Temporary access (use of temporary connector road to be restricted to dates specified in project narrative: 7/22/2018 — 8/11/2018). ■ Engineering and Fire -Rescue approval of specifications and locations of all access management measures, including the gate (or similar physical barrier) and all associated signage (or other informational materials). ■ Approved Maintenance of Traffic Plan (MOT Plan) As indicated earlier in this letter, no resubmittal is necessary at this time; however, if you choose to resubmit for any reason, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule is provided for your convenience. (Note: It is our understanding that there is no intent to resubmit revised application materials prior to the Planning Commission hearing that is tentatively scheduled for 10/31/2017.) If for some reason, you decide not to proceed to the 10/31/2017 date, please refer to the attachment, Action after Receipt of Comments. Application Fees [Note — these fees have been PAIDI The one-time application fee is as follows: $1,076.00 = Special Use Permit — Amendment This fee payment was made on September 28, 2017 and inadvertently credited to the wrong application. Community Development staff are working to resolve that error and credit your application properly, so that our records will not (incorrectly) indicate any outstanding application fee balances. Notification and Advertisement Fees [Note - PAID] Prior to scheduling a public hearing with the Planning Commission, payment of the following fees is necessary: $408.00 = Cost for newspaper advertisement for Planning Commission public hearing $260.00 = Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner after 50 adjoining owners) $668.00 = 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, as follows: $408.00 = Additional amount due prior to Board of Supervisors public hearing $1,076.00 = Total amount for all notifications This fee payment was made on September 28, 2017 and inadvertently credited to the wrong application. Community Development staff are working to resolve that error and credit your application properly, so that our records will not (incorrectly) indicate any outstanding balances for notification fees. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. 5 Please contact me with any questions and/or requests for assistance you may have. I can be reached at tpadalinogalbemarle.org or 434-296-5832, ext. 3088. Sincerely, Tim Padalino, AICP Senior Planner Planning Division enc: Resubmittal Form Resubmittal Schedule 6 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 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. 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 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. s 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 0 PROJECT NUMBER:. Sp 2v11-171 PROJECT NAME: NRD40* - 600zi il' AD -MM , GotirlE( 2& W_ ❑ Resubmittal Fee is Required ❑ Per Request X Resubmittal Fee is Not Required tk [ IKWW Community Development Project Coordinator �It1dN � t1 Signature Date Name of Applicant Phone Number Signature FEES Date Resubmittal fees for Special Use Permit — original Special Use Permit fee of $1,075 First resubmission FREE ❑ Each additional resubmission $538 Resubmittal fees for original Special Use Permit fee of $2,150 ❑ First resubmission FREE ❑ Each additional resubmission $1,075 Resubmittal fees for original Zoning Map Amendment fee of $2,688 ❑ First resubmission FREE ❑ Each additional resubmission $1,344 Resubmittal fees for original Zoning Map Amendment fee of $3,763 ❑ First resubmission FREE ❑ Each additional resubmission $1,881 ❑ Deferral of scheduled public hearing at applicant's request— Add'I notice fees will be required $194 To be paid after staff review for public notice: Most applications for Special Use Permits and Zoning Map Amendment require at least one public bearing by the Planning Commission and one public bearing 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 $215 + actual cost of first-class postage Y Preparing and mailing or delivering each notice after fifty (50) $1.00 for each additional notice+ actualcost 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 1/24/17 Page i of 1 9 2017 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Resubmittal Schedule Resubmittal Dates Comments to applicant for decision on whether to proceed to Public Hearing Payment Due for Public Hearing Legal Ad Planning Commission Public Hearing No sooner than* COB Auditorium Monday Friday Monday Tuesday Nov 07 2016 Dec 09 2016 Dec 19 2016 Jan 10 Nov 21 2016 Dec 23 2016 Jan 09 Jan 31 Dec 05 2016 Jan 06 Jan 16 Feb 07 Dec 19 2016 Jan 20 Jan 30 Feb 21 Tue Jan 03 Feb 03 Feb 13 Mar 07 Tue Jan 17 Feb 17 Feb 27 Mar 21 Feb 06 Mar 10 Mar 13 Apr 04 Tue Feb 21 Mar 24 Mar 27 Apr 18 Mar 06 Apr 07 Apr 10 May 02 Mar 20 Apr 21 May 01 May 23 Apr 03 May 05 May 22 Jun 13 Apr 17 May 19 May 22 Jun 13 May 01 Jun 02 Jun 05 Jun 27 May 15 Jun 16 Jun 19 Jul l l Jun 05 Jul 07 Jul 17 Aug 08 Jun 19 Jul 21 Jul 31 Aug 22 Jul 03 Aug 04 Aug 14 Sep 05 Jul 17 Aug 18 Tue Sep 05 Sep 26 Aug 07 Sep 08 Sep 18 Oct 10 Aug 21 Sep 22 Oct 02 Oct 24 Tue Sep 05 Oct 06 Oct 16 Nov 07 Sep 18 Oct 20 Oct 23 Nov 14 Oct 02 Nov 03 Nov 13 Dec 05 Oct 16 Nov 17 Nov 27 Dec 19 Oct 30 Dec 01 Jan 02 2018 Jan 23 2018 Nov 13 Dec 15 Jan 08 2018 Jan 30 2018 Dec 18 Jan 19 2018 Jan 29 2018 Feb 20 2018 Tue Dec 26 Jan 26 2018 Jan 29 2018 Feb 20 2018 Tue Jan 02 2018 Feb 02 2018 Feb 12 2018 Mar 06 2018 Tue Jan 16 2018 Feb 16 2018 Feb 26 2018 Mar 20 2018 Sold italics = submittal/meeting day is different due to a holiday. Dates with shaded background are not 2017. 2018 dates are tentative. `Public hearing dates have been set by the Planning Commission; however, if due to unforeseen circumstances the Planning Commission is unable to meet on this date, your project will be moved to the closest available agenda date. 10