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HomeMy WebLinkAboutZMA201800005 Review Comments Zoning Map Amendment 2018-08-03vjRGI13SQ` COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 3, 2018 John C. Wright, P.E. — Bohler Engineering VA, LLC 28 Blackwell Park Lane, Suite 201 Warrenton, VA 20186 jwright&bohlereng com / (540)-349-4500 Mike Sweeney — PT Hotel LLC 2000 Ware Bottom Spring Road Chester, VA 23836 michael(&shaminhotels.com / (804)-777-9000 RE: Review Comment Letter #1 / ZMA-2018-00005 (Pantops Hotel — State Farm Boulevard) Mr. Wright and Mr. Sweeney: Members of Albemarle County staff and our partner agencies have reviewed your application materials for Zoning Map Amendment ZMA-2018-00005, which requests approval of an Application Plan for an existing planned development district to allow the development of a 130- room hotel on Tax Map Parcels #78-64 and #78-65. Review comments are provided below, organized by Department, Division, or agency. Community Development Department (CDD) staff believe the various review comments should be addressed through a resubmittal of application materials, prior to scheduling a public hearing with the Planning Commission. However, you have the right to request a public hearing without revision and resubmittal, or to otherwise determine your course of action (please see the attached "Action After Receipt of Comment Letter" document for detailed information). As always, CDD staff remain available to provide assistance and discuss this comment letter, and any other aspect(s) of your applications, at your request. Planniniv The following CDD-Planning review comments are organized as follows: How the proposal relates to the Comprehensive Plan The Neighborhood Model analysis Additional Planning comments Page 1 of 12 Comprehensive Plan: Comments on how your project conforms to the Comprehensive Plan will be provided to the Planning Commission and Board of Supervisors as part of the staff report that will be prepared for the work session or public hearing. The comments below are in preparation for the Planning Commission review, and may change based on direction from the Commission and/or with subsequent submittals. The property is located on Tax Map Parcel #78-64 and #78-65, which are within the Neighborhood 3 (Pantops) Comprehensive Plan Area within the Development Area. The future land use designations for these properties, as specified in the Pantops Master Plan ("Master Plan"), is as follows: Urban Mixed Use — The front portions of these parcels along State Farm Boulevard are designated "Urban Mixed Use" which envisions (future) "retail, commercial services, office, and a mix of residential types based on the Urban Density land use category. This mixed use land use category is expected to have equal parts of residential and commercial uses." Parks — The rear portions of these parcels are designated "Parks" which envisions (future) "public and semi-public parks, greenways, and more active recreation areas." Page 2 of 12 In summary, the proposed hotel is consistent with the Urban Mixed Use future land use designation. In general, the proposal does not develop or otherwise utilize the majority of the areas of the subject property(s) designated for (future) "Parks" use(s). Proposal — The proposal is to develop a 130-room hotel on two undeveloped parcels. The project proposal and application plan provide additional details. Neighborhood Model: In 2001, the County adopted the Neighborhood Model. The Neighborhood Model was developed to guide the "form" of development. The Neighborhood Model recommends that the Development Areas and new development have these characteristics: 12 Principles of the Neighborhood Model: 1. Pedestrian Orientation 2. Neighborhood Friendly Streets and Paths 3. Interconnected Streets and Transportation Networks 4. Parks and Open Space 5. Neighborhood Centers 6. Buildings and Spaces of Human Scale 7. Relegated Parking 8. Mixture of Uses 9. Mixture of Housing Types and Affordability 10. Redevelopment 11. Site Planning that Respects Terrain 12. Clear Boundaries with Rural Areas General comments on how well the proposed development meets the principles of the Neighborhood Model are provided below. More detailed comments may be provided at a later date if changes are made and/or after more detailed plans are provided. Pedestrian Principle met. Orientation • Sidewalk and two crosswalks are proposed to provide safe, convenient pedestrian connection to the sidewalk along State Farm Blvd. • Sidewalks are also proposed around the entirety of the structure. Principle Not Met. • Street trees and other landscaping should be provided between the front property line and the curb/front drive aisle. • The applicant has discussed potentially providing a low architectural wall or knee wall along a portion of the property's frontage, to contribute to a sense of spatial enclosure and to enhance the pedestrian orientation of the development (without bringing the primary structure any closer to the ROW). However, no such feature is proposed or provided on the application plan. Page 3 of 12 Mixture of Uses The land use designation of Urban Mixed Use anticipates a mixture of residential and commercial uses in this area including retail, office, and service. A hotel would contribute to a mixture of uses in this area. Principle is met. Neighborhood The development relates to the employment centers of State Farm Insurance and Centers Martha Jefferson Hospital. Proposal includes sidewalks and crosswalks from the front hotel entrance designed to contribute to safe, convenient pedestrian connectivity between the proposed hotel and nearby neighborhood centers in both directions of State Farm Boulevard. Principle is met. Mixture of Housing This principle is not immediately applicable - the proposed project is a hotel. Types and Principle is not applicable. Affordability Interconnected The application plan provides a future interparcel connection to TMP #78-66 (to the Streets and southwest) to allow for future interparcel vehicular access and connectivity. Transportation Principle is met. Networks Multi -modal Bicycle racks on the site could support and advance the use of alternative Transportation transportation modes, primarily in support of hotel employees and potentially in Opportunities support of visitors/tourists. Principle is not met. Parks, Recreational Portions of the rear areas of these two parcels are designated as "Parks" in the Amenities, and Open Pantops Master Plan. No commitment is made to support or advance this component Space of the future land use plan. However, the application plan proposes minimal disturbance or development of these managed steep slopes with the "Parks" future land use designation; the large majority of these managed steep slopes would remain undeveloped. In connection with ongoing County efforts to update the Pantops Master Plan, staff ask the applicants to consider the feasibility of reserving or dedicating (future) public access through the edge of the development to the area designated for "Parks" future land use in the rear of the subject property(s). Principle is partially met. Page 4 of 12 Buildings and Space When applied to this proposed project on the subject properties, this principle should of Human Scale be embodied by: a building situated close to, and having a spatial relationship with, the public ROW; a building with an articulated facade and non -monumental massing; and parking spaces relegated to the sides and rear of the building. The proposed sixty (6o) foot building height (with no front stepbacks, as shown on the rendering presented to the Pantops CAC on 7/23/2018) would likely be overwhelming to the public ROW if the building footprint was located within the maximum front yard setback (30'). However, the application plan shows the building footprint set back between 75' and 85' from the front property boundary. This combination of (proposed) setback and (proposed) height and (proposed) massing (no stepback) prevents the building from creating an imposing or overwhelming presence along the public ROW. Importantly, please note that the proposed building footprint location and massing are not compliant with the maximum front setback requirements or with other applicable Zoning Ordinance requirements (and are not otherwise properly addressed through this ZMA application) - see "Additional Planning Comments" #1 and #2, below. Additionally, the applicant has discussed potentially providing a low architectural wall or knee wall along a portion of the property's frontage, to contribute to a sense of spatial enclosure and to enhance the pedestrian orientation of the development (without bringing the primary structure any closer to the ROW). However, no such feature is proposed or provided on the application plan. Principle is partially met. Relegated Parking As noted in the project proposal dated 6/18/2018, the application plan was revised (in response to staff comments made in connection with the pre -application meeting) to eliminate some parking between the primary structure and the public ROW. Specifically, the application plan dated 6/18/2018 retains four (4) universal access spaces and seven (7) additional spaces on the "hotel side" of the front drive aisle; but the parking spaces originally proposed on the opposite side of the front drive aisle (closer to State Farm Boulevard ROW) were eliminated, to allow the hotel to be sited closer to the street. Staff acknowledge this compromise. Principle is partially met. Redevelopment The subject properties are currently undeveloped. Principle is not applicable. Respecting Terrain The rear portions of the parcels contain Steep Slopes (Managed) as well as a small and Careful Grading portion of Steep Slopes (Preserved) overlay districts. No preserved steep slopes are and Re -grading of impacted. The proposal does not impact or disturb a significant portion of these Terrain managed steep slopes, and terraced retaining walls are proposed for the portion which is disturbed. Principle is generally met. Clear Boundaries The subject properties are not adjacent to a Rural Area boundary. with the Rural Area Principle is not applicable. Page 5 of 12 Additional Planning Comments: 1. Stepbacks: A front stepback is required for the proposed structure per County Code Chapter 18 ("Zoning Ordinance") Sections 25A.6, 21.4, and 4.20(a); however, no stepback is shown, annotated, or otherwise described or identified on any of the application materials. More specifically, the proposed building height of sixty (60) feet is permissible; however, County Code Chapter 18 ("Zoning Ordinance") Sections 25A.6, 21.4, and 4.20(a) require that the structure have a minimum front stepback of fifteen (15) feet beginning with the fourth floor or any story beginning at a height more than forty (40) feet above ground level, whichever is less, unless a different regulation is established by the ZMA application plan. With the submittal of this ZMA application plan, you have the ability [pursuant to Z.O. Section 4.20(a)(6)] to propose different stepback parameters for the structure(s) on the subject property(s) which, if approved, would replace the stepback requirements that are otherwise established by Zoning Ordinance Sections referenced above. However, as noted above, no such information is provided to demonstrate compliance with the applicable stepback requirements; and no such modification or deviation from the stepback requirements established by County Code are explicitly requested with this ZMA proposal. Therefore, the proposal should be revised and resubmitted (either by complying with the stepback requirements, or by proposing to establish an alternative stepback requirement) prior to being taken to the Planning Commission for a public hearing. 2. Setbacks: The proposed primary structure is subject to minimum setback requirements and maximum setback requirements per Zoning Ordinance Sections 25A.6, 21.4, and 4.20(a). The proposal appears to comply with the applicable minimum setback requirements ("10 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right- of-way; for off-street parking or loading spaces, 10 feet from any public street right-of-way."). However, the proposal appears to not comply with the applicable maximum setback requirements ("30 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way... "). With the submittal of this ZMA application plan, you have the ability [pursuant to Z.O. Section 4.20(a)(6)] to propose different setback parameters for the structure(s) on the subject property(s) which, if approved, would replace the setback requirements that are otherwise established by Zoning Ordinance Sections referenced above. However, as noted above, it appears that the location of the building footprint relative to the front property boundary appears to not comply with the applicable maximum setback requirements; and no such modification or deviation from the applicable maximum setback requirements established by County Code are explicitly requested with this ZMA proposal. Therefore, the proposal should be revised and resubmitted (either by complying with the setback requirements, or by proposing to establish alternative minimum and/or maximum setback requirements) prior to being taken to the Planning Commission for a public hearing. 3. Viewshed and Visibility: The proposed hotel's height (60') and location (topographically prominent site) create concerns about impacts to viewsheds from State Farm Boulevard and from other locations in Pantops, as well as potential impacts to the viewshed from Monticello. Staff strongly recommend that this proposal include direct coordination with the Thomas Jefferson Foundation to understand what concerns (if any) the Foundation has, and to discuss potential mitigation techniques (as may be applicable). Any coordination with the Thomas Jefferson Foundation should occur with Ms. Liz Russell at lrussellAmonticello.org. Page 6 of 12 Staff also request and strongly recommend that the applicants provide some type of visual analysis of the proposed hotel (as viewed from multiple locations along State Farm Boulevard, and as viewed from multiple locations within the Pantops neighborhood), as requested by members of the Pantops Community Advisory Committee during the community meeting on 7/23/2018. This type of visual information would be very helpful in the County's evaluation of this proposal, and specifically in determining the appropriateness of the proposed height, massing, and location. 4. Review Process: Staff believes the questions, issues, and concerns identified in this comment letter should be addressed through revision and resubmittal of the proposed application plan and project narrative, to demonstrate compliance with County Code requirements or to otherwise demonstrate a commitment to addressing and mitigating the potential impacts associated with these questions, issues, or concerns. 5. (Advisory) Additional Future Permitting Requirements: If this ZMA application is approved, the proposed hotel development would be subject to approval of a Site Plan and Water Protection Ordinance (WPO) Plan / VSMP Plan. Engineering: The following CDD-Engineering review comments (below) were provided by County Engineer Frank Pohl, P.E., C.F.M. on 7/10/2018; the County Engineer has indicated that these review comments can be addressed at the site plan and VSMP review process. 1. VSMP permitting will be required [through the preparation and submittal of a Water Protection Ordinance (WPO) Plan application, separate from the Site Development Plan application]. 2. Consider discharging stormwater at one of the rear corners to avoid piping under 4 retaining walls. 3. Consider providing interparcel connection to TMP 78-63. Albemarle County Service Authority (ACSA): The following comments (below) related to engineering have been provided by Richard Nelson, P.E. on 7/18/2018: • No Objection. Albemarle County Fire & Rescue: The following comments (below) related to engineering have been provided by Deputy Fire Marshall Shawn Maddox on 7/16/2018: 1. VSMP permitting will be required [through the preparation and submittal of a Water Protection Ordinance (WPO) Plan application, separate from the Site Development Plan application]. 2. Consider discharging stormwater at one of the rear corners to avoid piping under 4 retaining walls. 3. Consider providing interparcel connection to TMP 78-63. Action after Receipt of Comments: After you have read this letter, please take one of the actions identified in the attachment "Action After Receipt of Comment Letter." Page 7 of 12 Resubmittal: If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule is provided for your convenience. Notification and Advertisement Fees: Prior to scheduling a public hearing with the Planning Commission: $ 406.00 = Cost for newspaper advertisement $ 215.00 = Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner after 50 adjoining owners) $ 621.00 = 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 needed. $ 406.00 = Additional amount due prior to Board of Supervisors public hearing $ 1,027.00 = 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 contact me if you would like to set up a meeting to discuss this comment letter or any other aspect of your proposed project, or to share any questions or requests for assistance you may have. My phone number is (434) 296-5832, x. 3088, and my email address is tpadalinokalbemarle.org. Sincerely, Tim Padalino, AICP Senior Planner Planning Services Page 8 of 12 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. Page 9 of 12 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. Page 10 of 12 FOR OFFICE USE ONLY SP # or ZMA # Fee ?unount $ Date Paid By who? Receipt # Cklt BY: Resubmittal of information for Special Use Permit g P or���'�� Zoning Ma Amendment PROJECT NUMBER: 2MA • 2ot$' 00001T PROJECT NAME: FAR-PP5 4ML (STAS FWgAA BWD)_ ❑ Resubmittal Fee is Required ❑ Per Request Resubmittal Fee is Not Required TM FA'WrAQr fiKw Community Development Project Coordinator Name of Applicant Phone Number 1 Signature Date 8 Signature Date FEES 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'] 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 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. MAKR CHRCICC TO CCHTNTV nlW AI ARMARr.F./PAVMF.NT AT C"MMr1NITV nUVRr.CIP1NRNT r nITNTRD 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) $1.00 for each additional notice+ actual cost of first-class postage D 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 /24117 Page 1 of 1 Page 11 of 12 Albemarle County, Virginia 2018 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 Date* No sooner than Monday Wednesday Friday Tuesday Dec 18 2017 Jan 17 Jan 26 Feb 20 Wednesday, Jan 3 Jan 31 Feb 9 Mar 6 Tuesday, Jan 16 Feb 14 Feb 23 Mar 20 Jan 29 Feb 28 Mar 16 Apr 10 Feb 05 Mar 7 Mar 16 Apr 10 Tuesday Feb 20 Mar 21 Mar 30 Apr 24 Mar 5 Apr 4 Apr 6 May 1 Mar 19 Apr 18 Apr 27 May 22 Apr 2 May 2 May 18 Jun 12 Apr 16 May 16 Jun 1 Jun 26 Apr 30 May 30 Jun 1 Jun 26 May 7 Jun 6 Jun 15 Jul 10 May 21 Jun 20 Jun 29 Jul 24 Jun 4 Jul Jul 13 Aug 7 Jun 18 Jul 18 Jul 27 Aug 21 Jul 2 Aug 1 Aug 10 Sep 4 Jul 16 Aug 15 Aug 31 Sep 25 Jul 30 Aug 29 Aug 31 Sep 25 Aug 6 Sep 5 Sep 14 Oct 9 Aug 20 Sep 19 Sep 28 Oct 23 Tuesday Sep 4 Oct 3 Oct 5 Oct 30 Sep 17 Oct 17 Oct 19 Nov13 Oct 1 Oct 31 Nov 9 Dec 4 Oct 15 Nov 14 Nov 20** Dec 18 Oct 29 Nov 28 Dec 21 Jan 15 2019 Nov 5 Dec 5 Dec 21 Jan 15 2019 Nov 19 Dec 19 Dec 21 Jan 15 2019 Dec 3 Jan 2 2019 Jan 4 2019 Jan 29 2019 Dec 17 Jan 16 2019 Jan 25 2019 Feb 19 2019 Jan 72019 Feb 62019 Feb82019 Mar 52019 2019 Dates are tentative; shading indicates a different year *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. "Off -date to accommodate holidays. Dates in bold italics fall on a Tuesday due to a holiday. Page 12 of 12