ZMA202200013 Review Comments Zoning Map Amendment 2023-03-14County of Albemarle
o � �
i, Community Development Department
Memorandum
To: Kelsey Schlein, kelsey@shimp-en8ineerin8.com
Date: March 14, 2023
Re: ZMA202200013 Power Plant Residences - Review Comment Letter
Ms. Schlein:
Cameron Langille
Principal Planner, Planning
bla ngi I le@al bemarl e.orx
tel: 434-296-5832 ext. 3432
Staff has reviewed your application materials for the zoning map amendment, ZMA202200013 Power Plant Residences.
We have a few comments which we believe should be addressed before we can recommend favorably on your ZMA
request. We would be glad to meet with you to discuss these issues. Our comments are provided below:
General Application Comments:
1. The narrative provided in the application states that approximately 85% (0.5865 acres) of the parcel is encumbered
by the Preserved Steep Slopes Overlay District. Please explain how the applicant came to this acreage figure for
the Preserved Steep Slopes. Was this measured in GIS, or did the applicant conduct a topographic field survey?
Staff need to know the exact acreage of Preserved Steep Slopes that the applicant is seeking to rezone to
Managed Steep Slopes.
2. Does the applicant know the year that the steam plant building was constructed? If so, please state this
information on the plan.
3. Please provide additional information on what the "ruins" feature is that is identified on the site survey (sheet 6).
4. Does the applicant know when the concrete tracks were installed on the parcel? If so, please state this information
on the plan.
5. Sheets 3, 4, 7, 8, 9, and 11 references ZMA2016-16 as justification for why the Preserved Steep Slopes on the
subject property should be rezoned to Managed Steep Slopes. On Sheet 2, the applicant states that all of the
slopes within the Woolen Mills parcel were rezoned to Managed Slopes. Sheet 9 of the application shows the
analysis by the ZMA2016-16 applicant that uses different symbology to identify the slopes that were being
rezoned to Managed Slopes, and it is clear that the slopes currently shown as Managed in GIS align with the areas
hatched as "Impacted Critical Slopes" in the 2016 ZMA application materials. The areas that were changed to
Managed Steep Slopes are not contiguous with the Steep Slopes that remain as Preserved Steep Slopes on the
Woolen Mills parcel.
a. Staff advises that the applicant should revise Sheets 5, 6, 7, and 13 to match the County GIS Steep Slopes
Overlay layer. The Power Plant ZMA identifies slopes on the Woolen Mills Parcel that are Preserved
Slopes as Managed Slopes.
6. Community meeting: per email correspondence with the applicant, the community meeting required by Section
33.4 (K) of the Zoning Ordinance will be held at the May 18' meeting of the 5' & Avon Community Advisory
Committee (CAC). The application cannot move forward to a public hearing until the community meeting has taken
place.
7. The applicable section of the Zoning Ordinance for the application is Sec. 30.7 Steep Slopes Overlay. The
application seeks to reclassify the Preserved (Steep) Slopes on the property as Managed Slopes. Staff analysis of
the characteristics of Managed and Preserved Steep Slopes as they apply to this site are provided below.
Section 30.7.3.A Managed Slopes
The characteristics of managed slopes are the following:
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401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596
i. the contiguous area of steep slopes is limited or fragmented;
The slopes on site are contiguous and are not fragmented.
ii. the slopes are not associated with or abutting a water feature, including, but not limited to, a river,
stream, reservoir or pond;
Slopes do not abut a water feature.
iii. the slopes are not natural but, instead, are manufactured,
Existing features on site (power plant building, walls, concrete tracks) are located in areas designated as
Preserved Steep Slopes. However, the buildings on site appear to have been built into slopes that existed on site
at the time of construction. Per attached Engineering Division comments, the slopes were not manufactured, filled
in, or created.
iv. the slopes were significantly disturbed prior to June 1, 2012;
The slopes were disturbed prior to June 1, 2012.
V. the slopes are located within previously approved single-family residential lots;
The slopes are not located within previously approved single-family residential lots.
vi. or the slopes are shown to be disturbed, or allowed to be disturbed, by a prior county action.
No prior County action has shown or allowed disturbances to the slopes on -site. A prior ZMA application
(ZMA201600016) did re -designate some areas of Preserved Steep Slopes to Managed Steep Slopes on the
Woolen Mills property, which is located nearby to the south.
Section 30.7.3.13 Preserved Slopes
The characteristics of preserved slopes are the following:
i. the slopes are a contiguous area of 10,000 square feet or more or a close grouping of slopes, any or all of
which may be less than 10,000 square feet but whose aggregate area is 10,000 square feet or more;
The slopes are a contiguous area larger than 10,000 sq.ft.
ii. the slopes are part of a system of slopes associated with or abutting a water feature including, but not
limited to, a river, stream, reservoir or pond;
Although the slopes are near the Rivanna River, the Preserved Slopes on the parcel lie outside of the WPO
stream buffer and 100-year floodplain. Therefore, staff believes they are not associated with the abutting water
feature (river).
iii. the slopes are part of a hillside system;
As stated on the Applicants' Page 3 in environmental features, this is part of a slope system. This feature of
preserved slopes applies.
iv. the slopes are identified as a resource designated for preservation in the comprehensive plan;
The Southern & Western Neighborhoods Master Plan identifies the slopes as the "Parks & Green Systems" future
land use classification. Per the definition of this future land use category, these slopes are to be preserved as an
environmental resource.
V. the slopes are identified as a resource in the comprehensive plan;
The Southern & Western Neighborhoods Master Plan identifies the slopes as the "Parks & Green Systems" future
land use classification. Per the definition of this future land use category, these slopes are to be preserved as an
environmental resource.
vi. the slopes are of significant value to the entrance corridor overlay district;
The slopes are not of significant value to the entrance corridor overlay district.
vii. the slopes have been preserved by a prior county action, including, but not limited to, the placement of an
easement on the slopes or the acceptance of a proffer or the imposition of a condition, restricting land
disturbing activity on the slopes.
This does not apply.
Conclusion: at this time, staff believes the slopes meet the characteristics of Preserved Steep Slopes as opposed to
Managed Steep Slopes.
Planning
Planning staff's comments are organized as follows:
• How the proposal relates to the Comprehensive Plan
• Additional comments from reviewers (See attached)
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401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596
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.
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The subject parcel is known as Tax Map Parcel (TMP) 07800-00-00-021131. It is zoned R4 Residential, and a large portion
of the property is within the Preserved Steep Slopes Overlay Zoning District. The property is located in the Neighborhood
4 Comprehensive Plan Area and is subject to the recommendations of the Southern & Western Neighborhoods Master
Plan.
The Southern Urban Neighborhoods Future Land Use Plan contained in the Southern & Western Neighborhoods Master
Plan calls for two future land use classifications on the subject property. The categories and their general descriptions are
listed below, but these can also be found on pages S+W 33 and S+W 34 of the Southern & Western Neighborhoods
Master Plan.
1. Parks and Green Systems - parks, playgrounds, play fields, greenways, trails, paths, recreational facilities and
equipment, plazas, outdoor sitting areas, natural areas, preservation of stream buffers, floodplains and steep slopes
adjacent to rivers and streams.
2. Neighborhood Density Residential - single-family attached, single-family detached, and townhouses at densities
between 3-6 units per acre.
In addition to consistency with the Comprehensive Plan, please also be advised that all zoning map amendment
applications are evaluated relative to the "factors to be considered" specified in County Code §18-33.6. This evaluation will
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401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596
be written in the staff report to the Planning Commission and Board of Supervisors once the application moved forward to
public hearings.
Department of Community Development - Zoning Division
Review not yet complete. Comments from Lea Brumfield, Brumfield@albemarle.org, will be forwarded to the applicant
upon completion of review.
Department of Community Development - Planning Division - Architectural Review Board (ARB)
See attached comments from Margaret Maliszewski, mmaliszewski@albemarle.org.
Department of Community Development - Engineering Division
See attached comments from Emily Cox, ecox2@albemarle.org.
Department of Fire & Rescue
No objection, see attached comments from Howard Lagomarsino, hlagomarsino@albemarle.org.
VDOT
No objection, see attached comments from John Wilson, John.c.wilson@vdot.virginia.gov.
ACSA
No objection, see attached comments from Richard Nelson, rnelson@serviceauthority.org.
RWSA
No objection, see attached comments from Dyon Vega, dvega@rivanna.org.
Action after Receipt of Comments
Upon receipt of this letter, please inform the lead planner whether the applicant seeks to schedule a public hearing, or if a
resubmittal will be made.
Resubmittal
If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. There is a $1,538.16 fee
for each subsequent resubmittal.
Feel free to contact me if you wish to meet or need additional information. My email address is blangille@albemarle.org.
Sincerely,
Cameron Langille
Principal Planner
Planning Division, Department of Community Development
WWW.ALBEMARLE.ORG
401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596
Review Comments for ZMA202200013
Project Name: POWER PLANT RESIDENCES
Date Completed: Friday, February l 2023 Department/DivisiordAgency: Review Status:
Reviewer Margaret Maliszewski CDD ARB No Objection
Page: ' County of Albemarle Printed On: 03/0612023
�$ County of Albemarle
m COMMUNITY DEVELOPMENT DEPARTMENT
Memorandum
To: Cameron Langille
From: Emily Cox
Date: 2/15/2023
Subject: Power Plant Residences (ZMA202300013)
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434-296-5832
WWW.ALBEMARLE.ORG
The Power Plant Residences ZMA has been reviewed by Engineering. We offer the following comments
and questions:
1. Has a soils analysis or geotechnical study been done for this property? It appeared there
was some bedrock on the property. This can complicate construction. Also, engineering
would like to know the erodibility of the soils.
2. What erosion & sediment control features do you plan to use to prevent sediment from
leaving the steep site during construction?
3. Regarding the characteristics of preserved slopes in 18-30.7.3, we believe the following:
(i)the slopes are a contiguous area of 10,000 square feet or more or a close grouping of
slopes, any or all of which may be less than 10,000 square feet but whose aggregate
area is 10,000 square feet or more;
Comment: The slopes are part of a contiguous area of 10,000 square feet or
more.
(ii) the slopes are part of a system of slopes associated with or abutting a water feature
including, but not limited to, a river, stream, reservoir or pond;
Comment: N/A. The preserved slopes on this parcel are not abutting a water
feature.
(iii) the slopes are part of a hillside system;
Comment: As stated on the Applicants' Page 3 in environmental features,
this is part of a slope system. This feature of preserved slopes applies.
(iv) the slopes are identified as a resource designated for preservation in the
comprehensive plan;
Comment: The Southern & Western neighborhoods Master Plan identifies
the slopes as a resource to be preserved, as indicated by the Parks & Green Systems
future land use classification.
(v) the slopes are identified as a resource in the comprehensive plan;
Comment: The Southern & Western neighborhoods Master Plan identifies
the slopes as a resource to be preserved, as indicated by the Parks & Green Systems
future land use classification.
(vi) the slopes are of significant value to the entrance corridor overlay district;
Comment: N/A.
or (vii) the slopes have been preserved by a prior county action, including, but not
limited to, the placement of an easement on the slopes or the acceptance of a proffer or
the imposition of a condition, restricting land disturbing activity on the slopes.
Comment: N/A.
4. Regarding the characteristics of managed slopes and if these preserved slopes should be
Engineering Review Comments
Page 2 of 2
characterized as managed per 18-30.7.3:
(i)the contiguous area of steep slopes is limited or fragmented;
Comment: This does not apply. There is a hillside system along Market
Street which includes this property.
(ii) the slopes are not associated with or abutting a water feature, including, but not
limited to, a river, stream, reservoir or pond;
Comment: N/A.
(iii) the slopes are not natural but, instead, are manufactured;
Comment: This does not apply. Upon site visit, it was evident that the
slopes were existing. Things were built into the slopes, but the slopes were not
manufactured, filled in or created.
(iv) the slopes were significantly disturbed prior to June 1, 2012;
Comment: This feature does apply. Slopes were disturbed for the power
plant construction.
(v) the slopes are located within previously approved single-family residential lots;
Comment: N/A.
or (vi) the slopes are shown to be disturbed, or allowed to be disturbed, by a prior
county action.
Comment: While this property did not, a nearby property had preserved
slopes re -zoned as managed slopes in ZMA21600016.
Review Comments for ZMA202200013
Project Name: POWER PLANT RESIDENCES
Date Completed: Sunday, February 05, 2023 Depanment/DivisiordAgency: Review Status:
Reviewer: Howard Lagomarsino J Fire Rescue f No Objection
Page: 1 County of Albemarle Printed On: 03/0612023
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
Stephen C. Brich, P.E. 1401 East Broad Street
Commissioner Richmond, Virginia 23219
February 3, 2023
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Attn: Cameron Langille
Re: ZMA-2022-00013 Power Plant Residences
Review# 1
Dear Mr. Langille:
(804) 7862701
Fax: (804) 7862940
The Department of Transportation, Charlottesville Residency Transportation and Land Use
Section has reviewed the above referenced plan as prepared by Shimp Engineering dated
November 9, 2022 and finds them generally acceptable:
Note that the final plan must show conformance with the VDOT Road Design Manual
Appendices 13(1) and F, as well as any other applicable standards, regulations or other
requirements.
If further information is desired, please contact John Wilson at 434-422-9782.
A VDOT Land Use Permit will be required prior to any work within the right-of-way. The
owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434)
422-9399 for information pertaining to this process.
Sincerely,
John C. Wilson, P.E.
Assistant Resident Engineer
Land Use
VDOT - Charlottesville Residency
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
Review Comments for ZMA202200013
Project Name: POWER PLANT RESIDENCES
Date Completed: Thursday, February 16, 2023 DepartmenUDivisionlAgency: Review Status:
Reviewer: Richard Nelson ACSA No Objection
Pager County of Albemarle Printed On: 03/06/2023
Review Comments for ZMA202200013
Project Name: POWER PLANT RESIDENCES
Date Completed: Thursday, January26, 2023 Department/DivisiordAgency: Review Status:
Reviewer: Dyon Vega - RWSA No Objection
RWSA staff has reviewed application ZMA202200013 Power Plant Residences. Please see below for the completed copy of
the form that was provided to RWSA by Elaine Echols for SP & ZMAApplications:
To be filled out by RWSA for ZMA's and SP's
1. Capacity issues for sewer that may affect this proposal None Known
2. Requires Rivanna Water and Sewer Authority Capacity Certification Yes X-No
3. Water flow or pressure issues that may affect this proposal None Known
4. "Red Flags" regarding service provision (Use attachments if necessary) None Known
Thanks,
Dyon Vega
Civil Engineer
Rivanna Water & Sewer Authority
(434) 977-2970, Ext. 170
695 Moores Creek Lane
Charlottesville, VA22902
www.rivanna.org
Page: 1 County of Albemarle Printed On: 03/06/2023
Resubmittal of information for �$��°F"`8
Zoning Map Amendment t
��RG/NyP
PROJECT NUMBER THAT HAS BEEN ASSIGNED:
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
Resubmittal fees for original Zoning Map Amendment fee of $2,958
❑
First resubmission
FREE
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1,479
❑
4% Technology surcharge
$59.16
TOTAL ZONING MAP AMENDMENT RESUBMISSION FEE
$1 538.16
Resubmittal fees for original Zoning Map Amendment fee of $4,141
❑
First resubmission
FREE
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$2,070
❑
4% Technology surcharge
$82.80
TOTAL ZONING MAP AMENDMENT RESUBMISSION FEE
$2,152.80
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
$237 + actual cost of first-class postage
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.19 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
FOR OFFICE USE ONLY Fee Amowt $ Date Paid By who9
Receipt Ck# By:
Community Development Department
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Revised 7/1/2021 Page 1 of 1