CITY OF CHARLOTTESVILLE, VIRGINIA
                 CITY COUNCIL AGENDA



 Agenda Date:        January 3, 2023

 Action Required:    Consideration of an application for a Critical Slope Waiver

 Presenter:          Matthew Alfele, City Planner

 Staff Contacts:     Matthew Alfele, City Planner

 Title:              Critical Slope Waiver Application request at 0, 208-210, 228 Monte Vista
                     Avenue, and 0 Belleview Street (Azalea Springs Subdivision) (1 reading)


Background
Stanley Martin Companies, LLC (owner) has submitted a Critical Slope Waiver application in
conjunction with a final subdivision and site plan for a development that would include up to forty-five
(45) single-family detached dwellings, point six (0.6) acres of community open space and supporting
infrastructure. The proposed development is referred to as Azalea Springs. The applicant is
proposing to replat the existing eight-eight (88) plus lots along with additional dedication of right-of-
way to accommodate a City standard road and to bring the existing lots closer to current regulations
in regard to square footage and road frontage requirements. The proposed development is located
between Azalea Drive and Monte Vista Avenue and has access from a stub out section of right-of-
way from Azalea Drive and is identified as Tax Map and Parcels 200142000, 200126000,
200147000, 200131200, 200125000, 200146000, 200130001, 200122000, 200145000, 200129000,
200121000, 200144000, 200127001, 200148000, and 200143000. To construct the development as
presented in the application, the developer will need to disturb 93.1% of the critical slopes on site. Of
that 93.1%, 63.7% needs a waiver from City Council. The remaining percentage of critical slopes is
exempt per Section 34-1120(b)(7)(c). The Subject Properties are zoned R-1S (Single-family Small
Lots) and have a future land use designation as General Residential.

Discussion
The Planning Commission held a hybrid virtual and in-person meeting on December 13, 2022 where
this application was deliberated. During their discussions the following points were raised:
• Stormwater and how undergrounding the spring could impact properties downstream.
• Preservation of trees.
• Connection of the proposed development to Jefferson Park Avenue through the existing alley.
• Improvements to the City’s sewer system in Monte Vista Avenue.
The Planning Commission heard a presentation from the applicant and detailed overview of the
history of the site as it relates to existing nonconforming lots of records. Planning Commission talked
through the complexity of the site but felt comfortable with the stormwater management and E&S
measures that would be used. Planning Commission wanted to know if the applicant had considered
alternatives for the site such as rezoning or SUP. The applicant stated they had, but the proposal
they are bring forward is the best use of the site. The applicant also stated they could develop the
site without impacting critical slopes, but that scenario would result in fewer trees being preserved.
The fact that development will be on the City’s sanitation system was also a topic of conversation.

Staff note: A recording of the meeting can be found at the following link. Discussion starts at the
05:42:00 mark.

Link to recording of Planning Commission

Staff note: The full application for this project can be found at the following link. Materials start on
page 57.

Link to application and background materials

Alignment with City Council's Vision and Strategic Plan
If City Council approves the Critical Slope Waiver Application, the project could contribute to Goal 3:
A Beautiful and Sustainable Natural and Built Environment, 3.1 Engage in robust and context
sensitive urban planning and implementation, and the City Council Vision of Quality Housing
Opportunities for All.

Community Engagement
Under the City’s Zoning Code, a Critical Slope Waiver Application does not require a Public Hearing
or community engagement meeting, but public engagement for this project has been achieve through
other methods such as meetings related to the site plan(s), emails, and phone calls. Many members
of the public have reached out directly to Planning Commission and City Council to voice their
concerns. In addition, many members of the public spoke during Matters to be Presented by the
Public not on the formal Agenda at the December 13, 2022 meeting and had the following comments:
• Concerned with environmental impacts developing the site will have.
• Concerned with removal of so many trees from the site and the loss of a mature tree canopy.
• Traffic impact to the neighborhood this development will have.

Budgetary Impact
This has no impact on the General Fund.

Recommendation
The Planning Commission voted 6-0 to recommend the application be approved.

Suggested Motion: "I move the RESOLUTION approving a critical slopes waiver for the
Azalea Springs Subdivision>"

Alternatives
City Council may deny or indefinitely defer the requested Critical Slope Waiver:

(1)   Denial: “I move to deny the Critical Slope Waiver requested with application P20-00008”
(2)   Deferral: “I move to defer Council action on Critical Slope Waiver P20-00008”

Attachments
1.   RES - critical slopes waiver