CITY OF CHARLOTTESVILLE, VIRGINIA
                  CITY COUNCIL AGENDA



  Agenda Date:         December 5, 2022

  Action Required:     Resolution Approval

  Presenter:           Carrie Rainey, Urban Designer/City Planner

  Staff Contacts:      Carrie Rainey, Urban Designer/City Planner
                       Jack Dawson, City Engineer

  Title:               Considering a Sidewalk Waiver Request for the Mount View PUD (Planned
                       Unit Development) (1 reading)


Background
Previously, it was the practice for the Planning Commission to approve sidewalk waiver requests, as
referenced within Section 29-182(j) of the subdivision ordinance; however, in 2013 the Virginia
Supreme Court decided that only City Council may grant this type of waiver. This is one of many
updates that are necessary to the City’s various development ordinances. The current practice for
sidewalk waiver requests presented by developers pursuant to Section 29-182 is for the approval of
the requested waivers to be presented to City Council for review and decision.

Kelsey Schlein of Shimp Engineering, P.C., on behalf of Mount View Baptist Church, Mount View
Properties, LLC, and Route 250 Houses, LLC (collectively the “Owners”), requests a waiver from the
requirement of Section 29-182(j)(2) of the City Code for construction of sidewalks to approved City
standards on both sides of every new street. The waiver request seeks to waive the sidewalk
requirement for the eastern side of a portion of the River Vista Avenue right-of-way, which the
applicant proposes to improve to support a new multifamily development. The Owners have also
submitted an application pursuant to Section 34-490 seeking a zoning map amendment to change
the zoning district classifications of 908 St. Clair Avenue, 1133 Otter Street, 1221 Landonia Circle,
and 1201 Landonia Circle (Tax Map Parcels 490065000, 490072100, 490072000, and 490073000).
The application proposes to change the zoning classification of the Subject Property from “R-2”
(Two-Family Residential) to “PUD” (Planned Unit Development) subject to proffered development
conditions.

Discussion
Per Section 29-182(j)(5), the authority granting the waiver shall consider not only the factors set forth
within Section 29-182(j)(5) but also Section 29-36. The applicant’s analysis of these factors is
included in the Application Materials, attached.

Public Works Engineering has provided the following analysis: The proposed right-of-way (ROW) is
40-ft. From the Standards and Design Manual (SADM), minimum “Local” standards include: 2x 5-ft
sidewalks, 2x10-ft lanes, 2 X 0.5-ft curbs, and 2 x 1-ft buffer. This totals a total required cross section
of 33-ft. This would still provide for 7-ft for retaining walls if required. There seems to be no reason
that this is not feasible. The applicant’s reference to the further complications regarding providing a
road in accordance with street standards does not seem relevant as the road as shown on this plan
exceeds street standards even with just one sidewalk. (12% slope shown exceeds 10% required by
SADM). The road should meet all design standards, including sidewalk requirements.

As previously noted, the authority granting the waiver shall consider the factors set forth within
Section 29-36, which state that due to the unusual size, topography, shape of the property, location
of the property or other unusual conditions (excluding the proprietary interests of the subdivider) the
requirement that is proposed to be varied or excepted would result in substantial injustice or hardship
and would not forward the purposes of this chapter or serve the public interest. Public Works
Engineering has confirmed that no hardships due to the physical site exist.

Per Section 29-182(j)(5), the authority shall also consider the following factors:
Whether a surface other than concrete is more appropriate for the subdivision because of the
character of the proposed subdivision and the surrounding neighborhood. Alternative surfaces are
not under consideration in this application.

Whether sidewalks on only one (1) side of the street may be appropriate due to environmental
constraints such as streams, stream buffers, critical slopes, floodplain, tree cover, or wetlands, or
because lots are provided on only one (1) side of the street. There are no environmental
constraints limiting sidewalk installation on both sides of the street.

Whether the sidewalks reasonably can connect into an existing or future pedestrian system in the
area. While the existing sidewalk network on River Vista Avenue is incomplete, sidewalks
installed on the area of the River Vista to be improved through the application would connect
to both existing segments and future additions. The associated Planned Unit Development
(PUD) rezoning application does not propose sidewalk on site to connect with the eastern
portion of River Vista Avenue, where this sidewalk waiver is requested.

Whether the length of the street is so short and the density of the development is so low that it is
unlikely that the sidewalk would be used to an extent that it would provide a public benefit. While the
applicant does not propose sidewalk connections on-site to the eastern side of River Vista
Avenue, the applicant proposes to add up to 72 residential units as a part of the associated
Planned Unit Development (PUD) rezoning application. Therefore, staff believes there is a
public benefit to providing public sidewalk on both sides of River Vista Avenue.

Whether an alternate pedestrian system including an alternative pavement could provide more
appropriate access throughout the subdivision and to adjoining lands, based on a proposed
alternative profile submitted by the subdivider. No proposed alternative is under consideration.

Whether the sidewalks would be publicly or privately maintained. Section 29-182(j)(2) states
sidewalks shall be constructed to approved city standards on both sides of every new street,
and the dedicated right-of-way for a public street shall be sufficient to permit installation of
the sidewalk within the right-of-way on both sides of such street. Therefore, sidewalks would
be constructed in the public right-of-way and, after approved and accepted by the City, the
sidewalk improvements would be maintained by the City.
Whether the waiver promotes the goals of the comprehensive plan, including the applicable
neighborhood plan; and (viii) whether waiving the requirement would enable a different principle of
the neighborhood plan to be more fully achieved. The requested waiver will not promote the
goals and objectives of the 2021 Comprehensive Plan, such as: Chapter 6 (Transportation):
Strategy 2.2 Through development processes, implement and incentivize improved facilities
and amenities for non-motorized travelers, including those needed to support multimodal
travel by residents, workers, and visitors.

Alignment with City Council's Vision and Strategic Plan
Sidewalk construction contributes to City Council's Vision Statement, A Connected Community, as
well as Goal 3 of City Council's Strategic Plan, A Beautiful and Sustainable Natural and Built
Environment, and Objective 3.2, to provide reliable and high quality infrastructure, and objective 3.3,
to provide a variety of transportation and mobility options.

Community Engagement
Property owners within 500-feet of the subject properties were notified of the applicant-held
community meeting per Section 34-41(c)(2) on March 9, 2022, and the joint public hearing with
Planning Commission and City Council on September 13, 2022. Discussions at both meetings and
written comments received by staff regarding the project note concerns with increasing vehicular
traffic, walkability of the community, and gaps in the existing sidewalk network.

Budgetary Impact
If City Council grants a sidewalk waiver to an applicant in connection with the proposed development
of a new subdivision/ city street, then if the City later wishes to establish a sidewalk adjacent to the
developed street, the City will be required to pay for and complete that construction in accordance
with its approved CIP. If City Council does not grant this waiver, and a new sidewalk is established
on both sides of the new city street, then the City’s long-term maintenance costs will be slightly
higher than if no sidewalk is constructed.

Recommendation
Public Works Engineering has confirmed there are no hardships per Section 29-36 preventing the
installation of new sidewalk on the eastern side of River Vista Avenue. While the applicant has
chosen to not provide a private sidewalk connection within the site to the eastern side of River Vista
Avenue, staff believes the public pedestrian network should be installed as required by the standards
of Chapter 29 in support of the 2021 Comprehensive Plan. Staff recommends the waiver is denied.

Should City Council decide to grant the waiver request, the following is suggested for a motion: "I
move the RESOLUTION approving a sidewalk waiver request for the Mount View PUD, for
property located at 908 Saint Clair Avenue, 113 Otter Street, 1221 Landonia Circle, and 1201
Landonia Circle"

Alternatives
City Council may :
(1) by motion, take action to deny the sidewalk waiver;
(2) by motion, defer action on the sidewalk waiver.
Attachments
1.   Res Sidewalk Waiver Mount View PUD
2.   Mount View PUD Sidewalk Waiver Application