HomeMy WebLinkAboutZMA201800011 Review Comments Zoning Map Amendment 2018-11-02COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4176
November 2, 2018
Alan Taylor
Riverbend Development
455 Second Street SE
Charlottesville, VA 22902
alan&riverbenddev.com / 434-245-4932
RE: ZMA201800011 Brookhill Proffer Amendment
Dear Mr. Taylor:
Staff has reviewed your initial submittal for the zoning map amendment, ZMA201800011 Brookhill Proffer Amendment.
Planning and Zoning staff have some comments regarding the draft version of the revised proffers that should be
addressed prior to requesting a public hearing with the Planning Commission. We would be glad to meet with you to
discuss these issues.
Review comments are provided below, organized by Department, Division, or agency. Our comments are provided below:
Planning — General Application Comments
A waiver to the public hearings with the Board of Supervisors and Planning Commission has been received by the
Clerk of the Board. The BOS has an information session scheduled on Wednesday, November 14, 2018 to
consider the waiver request.
a. Section 33 of the Albemarle County Zoning Ordinance has been recently amended. All legislative
applications now must be acted on by the PC within 90 days after the review starts. Therefore, this ZMA
has been tentatively scheduled for a PC date of December 18, 2018. Please keep in mind that if the BOS
waives both public hearings, the tentatively scheduled December 18, 2018 Planning Commission public
hearing will be cancelled.
b. Regardless of whether the BOS waives the PC and BOS public hearings, staff highly suggests requesting
a deferral of PC and BOS action on the ZMA application in order to address the Planning and Zoning
comments regarding necessary revisions to the draft revised proffers. If the BOS does not waive the
public hearings, staff will be required to take this ZMA to the PC without any of the revisions, and we
will not be able to recommend approval. Submitting a deferral request will allow time for a resubmittal
of the draft proffers to address the following comments. Please see the "Action After Receipt of
Comments" letter attached at the end of this letter for further details.
Planning — Comments for Revisions to Draft Proffers
2. On page 1, references should be made stating something like "Original Proffers, ZMA201500007, approved
November 9, 2016."
a. The new ZMA number should be added, which is ZMA201800011.
b. In the into paragraph on page 1, please revise the date of the Code of Development approval — Zoning
staff has confirmed that the original approval date of November 9, 2016 should remain as the date instead
of the variation dates. Variations are not typically tracked in proffer statements.
3. The Zoning Ordiancne has been revised since the original proffer approval. The second paragraph on page one
references Section 33.3, but this code section is no longer related to proffers. Staff suggests revising it to "Section
33" instead.
4. On page 1 pf the proffer statement, please revise the last date of revision for the Code of Development. The COD
had two variations approved by the BOS on September 5, 2018 and this should be the last revision date.
5. On page 1 of the proffer statement, please remove TMP 04600-00-00-019132 from the Tax Map Parcel line at the
top of the page. This TMP does not exist any longer.
a. Remove TMP 04600-00-00-019132 from the introduction paragraph.
6. On page 2, Proffer #1B, some text has been deleted that should remain as approved in the original proffers. At the
end of the second sentence (which begins as "The Route 29 Intersection Improvements shall..."), add the
language at the end of the sentence stating "whichever occurs first."
7. Page 3, Proffer #1D, the sentence should conclude as follows: "...fee simple title to a parcel of land for a public
road connection, including right-of-way and grading easements, from Rio Mills Road to the Berkmar Drive
Extension in the approximate location shown on Exhibit D, Rio Mills Roadway Connection (Rio Mills Road
Connection").
8. There is a grammatical error in Proffer #413 (1). The words "for such for -rents" are duplicated in the fourth
sentence, please remove.
9. Proffer #6, page 7. Please remove reference to the Rio Mills Road connection in the first paragraph.
a. Please revise the roman numerals as necessary once the Rio Mills Road connection reference is deleted.
10. Proffer #6, page 7, please remove the final sentence regarding the annual adjustment for the ink -kind contribution.
I t . Proffer #8, page 7. Please revise the language stating "approximately 50 acres" to state "of not less than fifty (50)
acres..."
12. Page 8, add the words [Signature Pages to Follow] after the proffer language ends.
13. On Page 9, remove the entry for owner signatures for TMP 04600-00-00-01900.
14. On page 9 or 10, add entries for owner signatures for TMPs 04600-00-00-019134, 04600-00-00-019133, 04600-00-
00-019B1, 04600-00-00-019A0.
15. On page 9, please type the owner name for TMP 04600-00-00-018BO below their signature line.
16. On page 10, please type the owner name for TMP 04600-00-00-018DO below their signature line.
Comprehensive Plan
The proffer revision does not affect the Comprehensive Plan recommendations for parcels witin scope of the original
Brookhill rezoning. A few brief comments related to how the proffer amendment is consistent with the Comprehensive
Plan are provided below.
Neighborhood Model
Projects located within the Development Areas are typically reviewed for consistency with each of the Neighborhood
Model Principles found in the Comprehensive Plan. Comments are provided below on relevant aspects of the
Neighborhood Model. More detailed comments may be provided after more detailed plans are provided.
Pedestrian Orientation
This principle is not relevant to the proffer revisions.
Mixture of Uses
This principle is not relevant to the proffer revisions.
Neighborhood Centers
This principle is not relevant to the proffer revisions.
Mixture of Housing Types
and Affordability
This principle is not relevant to the proffer revisions.
Relegated Parking
This principle is not relevant to the proffer revisions.
Interconnected Streets and
The revision to proffer #11) will not affect the Comprehensive Plan recommendations
Transportation Networks
for a connector road between Berkmar Drive and Rio Mills Road. Although
construction of the road was originally assigned as a responsibility of the developer, the
road will still be built by VDOT (project UPC 109397), thus accomplishing the
Comprehensive Plan's recommendation.
Multimodal Transportation
The revision to proffer #11) will not affect the Comprehensive Plan recommendations
Opportunities
for a connector road between Berkmar Drive and Rio Mills Road. Although
construction of the road was originally assigned as a responsibility of the developer, the
road will still be built by VDOT (project UPC 109397), thus accomplishing the
Comprehensive Plan's recommendation.
Parks, Recreational
This principle is not relevant to the proffer revisions.
Amenities, and Open Space
Buildings and Spaces of
This principle is not relevant to the proffer revisions.
Human Scale
Redevelopment
This principle is not relevant to the proffer revisions.
Respecting Terrain and
This principle is not relevant to the proffer revisions.
Careful Grading and Re-
grading of Terrain
Clear Boundaries Between
This principle is not relevant to the proffer revisions.
the Development Areas and
the Rural Area
ZoninE
Comments from Rebbeca Ragsdale, rra sg dale cgalbemarle.org, have been incorporated into Planning comments above.
Engineering and Water Resources
Comments related to engineering and water resources have been provided by Frank Pohl, fpohl&albemarle.org.
Engineering has no objection to the ZMA application.
VDOT
VDOT review still pending, any comments or approvals from VDOT will be forwarded upon receipt.
ASCA/RWSA
See attached comments from ACSA and RWSA staff. Neither agency has any objections to the ZMA application.
Albemarle County Public Schools
ACPS staff are reviewing the revisions to proffer #8. Rosalyn Schmitt, rschmitt(kkl2albemarle.org will be providing
comments within the next week and these will be forwarded to the applicant upon receipt.
Action after Receipt of Comments
Your project has been scheduled for a public hearing by the Planning Commission for (December 18, 2018) which
represents 77 days from acceptance of your application for review. From this comment letter you will see that staff
recommends changes to your project to help you achieve approval. Without changes, staff cannot recommend approval
and your application will be taken to the Commission as originally submitted.
If the applicant wishes to submit a revised application to address staff comments, then you will need to submit a request to
defer action by the Planning Commission and Board of Supervisors in accordance with the attached letter titled "Action
After Receipt of Comments." You may request a deferral for up to 36 months (October 3, 2021). However, pursuant to
subsection 33.52 (A)(2), the application may not be in a state of deferral beyond 32 months after the date the application
was determined to be complete if the Commission has not yet held a public hearing on the application. Please be advised
that you will need to submit all outstanding information necessary for a Commission action by June 3, 2021 according to
the published schedule.
After you have read this letter, please take one of the actions identified on "Action After Receipt of Comment Letter"
which is attached.
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
Recently, the Board of Supervisors amended the zoning ordinance to require that applicants pay for the notification costs
for public hearings. In order to proceed to a public hearing with the Planning Commission, the following fees must be
paid by November 19, 2018:
$ 215.00 Cost for newspaper advertisement
$ 594.00 Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner after 50 adjoining
owners)
$ 809.00 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.
$ 594.00 Additional amount due prior to Board of Supervisors public hearing
$ 1403.00 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.
These fee may change depending on whether the BOS waives the PC and BOS public hearings. Additional
notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date.
Feel free to contact me if you wish to meet or need additional information. My email address is blan ig lle(&albemarle.org.
Sincerely,
Cameron Langille
Senior Planner
Planning Division, Department of Community Development
enc: ZMA201800011 Action After Receipt of Comments
2018 Zoning Map Amendment Resubmittal Schedule
Zoning Map Amendment Resubmittal Form
cc: Ashley Davies
Williams Mullen
321 E. Main St., Suite 400
Charlottesville, VA 22902
adavies(kwilliamsmullen. com
Cameron Langille
From:
Victoria Fort <vfort@rivanna.org>
Sent:
Monday, October 22, 2018 3:30 PM
To:
Cameron Langille
Cc:
Richard Nelson
Subject:
ZMA201800011 - Brookhill Proffer Amendment
Cameron,
RWSA has reviewed application ZMA201800011— Brookhill Proffer Amendment. Below is a completed copy of the form
that was provided to us by Elaine Echols for SP & ZMA Applications.
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
Please let me know if you have any questions.
Thank you,
Victoria
Victoria Fort, P.E.
Senior Civil Engineer
Rivanna Water and Sewer Authority
695 Moores Creek Lane
Charlottesville, VA 22902
(0): (434) 977-2970 ext. 205
(F): (434) 295-1146
1
DEPARTMENT OF COMMUNITY DEVELOPMENT
�rRGINI°'
ACTION AFTER RECEIPT OF COMMENT LETTER
FIRST SET OF COMMENTS
Your project has been scheduled for a public hearing by the Planning Commission for December 18,
2018, which is 77 days from the date your application was accepted for review. State Code requires a
90-day review by the Planning Commission unless the applicant requests deferral. Due to the holidays,
this needs to be scheduled prior to the 90 days in order to comply with State Code.
As you will read in this comment letter, staff recommends changes to your project to help you achieve
approval. Without these changes, staff cannot recommend approval to the Planning Commission.
If you would like to address the comments you must request deferral by November 19, 2018. Please
note that you can submit revisions even if you defer your application.
If you choose not to request deferral, staff will take your project to the Commission as originally
submitted, but without a recommendation of approval. Instructions for requesting a deferral are
outlined below.
Please do one of the following on or before November 19, 2018:
(1) Request deferral, as required by Section 33.52, in these instances:
a. If you would like to resubmit to address comments on the application and you
have not deferred to date.
b. If you would like to take staff recommendation for a work session with the
Planning Commission.
(2) Proceed to Planning Commission public hearing on December 18, 2018
(3) Withdraw your application
(1) Deferral Request and Resubmittal
To request deferral, you must submit a request in writing to defer action by the Planning Commission
and Board of Supervisors. The request may be made by email. You may request a deferral for up to 36
months from the date your application was accepted for review, which is October 3, 2021. However, all
outstanding information necessary for Commission action must be submitted by June 3, 2021,
according to the published schedule. (See Section 18-33.52 of the Albemarle County Code.)
Revised 10-9-18 MCN
(2) Proceed to Planning Commission Public Hearing on December 18, 2018
At this time, you may request that your application proceed to public hearing with the Planning
Commission on December 18, 2018. With this option, staff will take your project to the Commission as
originally submitted, but without a recommendation of approval.
(3) Withdraw Your Application
If at any time you wish to withdraw your application, please provide your request in writing.
Resubmittals
As stated above, a deferral does not preclude you from resubmitting the application to address
changes based upon the comments. If you would like to resubmit after you defer, you may do so
following the resubmittal schedule. 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.)
Failure to Respond
An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant
to subsection 33.52(A) and fails to provide within 90 days before the end of the deferral period all of
the information required to allow the Board to act on the application, or fails to request a deferral as
provided in subsection 33.52(B) or (C).
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.
Revised 10-9-18 MCN
2018 Submittal and Review Schedule
Special Use Permits
and Zoning Map
Amendments
Mandatory
Preapp must be
held no later
than this day to
file application
by Deadline for
Filing
Deadline for
Filing
(3 P.M.)
First Set of
Written
Comments
Due to
Applicant
EITHER
Planning
Commission
Public Hearing
if No
Resubmittal is
Necessary
No sooner than
OR
Resubmittal
Deadline `
PLEASE SEE
THE
RESUBMITTAL
SCHEDULE
Monday
Monday
Friday
Tuesday
Monday
Dec 18 2017
Tue Jan 16
Mar 02
Apr 10
**
Feb 05
Tue Feb 20
Apr 06
May 22
**
Mar 05
Mar 19
May 04
Jun 12
**
Apr 02
Apr 16
Jun 01
Jul 10
**
May 07
May 21
Jul 06
Aug 07
**
Jun 04
Jun 18
Aug 03
Sep 04
**
Jul 02
Jul 16
Aug 31
Oct 09
**
Aug 06
Aug 20
Oct 05
Oct 30
**
Aug 27
Sep 17
Nov 02
Dec 04
**
Oct 15
Oct 29
Dec 14
Jan 15 2019
**
Dec 03
Dec 17
Feb 01 2019
Mar 05 2019
**
Dec 17
Tue Jan 15 2019
Mar 01 2019
Apr 02 2019
**
Bold italics = submittal/meeting day is different due to a holiday.
Dates with shaded background are not 2018.
SPs for offsite or electric message signs follow the Variance schedule for the BZA.
2019 dates are tentative.
* Board of Supervisors' worksessions and public hearings will be scheduled after the Planning
Commision's action on applications.
** Resubmittals are accepted on ANY resubmittal Monday listed after the date of the written comments to
the applicant. The PC public hearing date is the earliest date at which the request may be heard after the
corresponding resubmittal deadline date.
to acc
These schedules provide basic information. Please consult with the Planning Division for more
details regarding schedules and processing
2018 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Includes 1 Resubmittal and Review
In most cases, after an initial SP or ZMA application is made, changes will be
recommended by staff to help an applicant more closely achieve conformity with the
Comprehensive Plan or comply with County regulations and requirements, or both. The
following schedule includes a resubmittal that addresses staff comments prior to setting the
public hearing. This schedule represents the scenario that occurs most often with
successful projects.
Mandatory
Preapp must be
held no later than
this day to file
application by
Deadline for
Filinci
Deadline for
Filing
(3 P.M.)
First Set of
Written
Comments Due
to Applicant
Next
Resubmittal Date
(See Schedule)**
Planning
Commission
Public Hearing
Date**
(no sooner than)
Monday
Monday
Friday
Monday
Tuesday
Dec 18 2017
Tue Jan 16
Mar 02
Mar 05
May 01
Feb 05
Tue Feb 20
Apr 06
Apr 16
Jun 26
Mar 05
Mar 19
May 04
May 07
Jul 10
Apr 02
Apr 16
Jun 01
Jun 04
Aug07
May 07
May 21
Jul 06
Jul 16
Sep 25
Jun 04
Jun 18
Aug03
Aug06
Oct 09
Jul 02
Jul 16
Aug 31
Tue Sep 04
Oct 30
Aug 06
Aug 20
Oct 05
Oct 15
Dec 18
Aug 27
Sep 17
Nov 02
Nov 05
Jan 15 2019
Oct 15
Oct 29
Dec 14
Dec 17
Feb 19 2019
Dec 03
Dec 17
Feb 01 2019
Feb 04 2019
Apr 09 2019
Dec 17
Tue Jan 15 2019
Mar 01 2019
Mar 04 2019
May 07 2019
Bold italics = submittal/meeting day is different due to a holiday.
Dates with shaded background are not 2018.
SPs for offsite or electric message signs follow the Variance schedule for the BZA.
2019 dates are tentative.
* Board of Supervisors' worksessions and public hearings will be scheduled after the Planning
Commision's action on applications.
** Resubmittals are accepted on ANY resubmittal Monday listed after the date of the written comments to
the applicant. The PC public hearing date is the earliest date at which the request may be heard after the
corresponding resubmittal deadline date.
to acconTmod
These schedules provide basic information. Please consult with the Planning Division for more
details regarding schedules and processing
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 No sooner than*
COB Auditorium
Monday
Wednesday
Friday
Tuesday
Dec 18 2017
Jan 17 2018
Jan 26
Feb 20
Wed Jan 03
Jan 31
Feb 09
Mar 06
Jan 15
Feb 14
Feb 23
Mar 20
Jan 29
Feb 28
Mar 16
Apr 10
Feb 05
Mar 07
Mar 16
Apr 10
Tue Feb 20
Mar 21
Mar 30
Apr 24
Mar 05
Apr 04
Apr 06
May 01
Mar 19
Apr 18
Apr 27
May 22
Apr 02
May 02
May 18
Jun 12
Apr 16
May 16
Jun 01
Jun 26
Apr 30
May 30
Jun 01
Jun 26
May 07
Jun 06
Jun 15
Jul 10
May 21
Jun 20
Jun 29
Jul 24
Jun 04
Thu Jul 05
Jul 13
Aug 07
Jun 18
Jul 18
Jul 27
Aug 21
Jul 02
Aug 01
Aug 10
Sep 04
Jul 16
Aug 15
Aug 31
Sep 25
Jul 30
Aug 29
Aug 31
Sep 25
Aug 06
Sep 05
Sep 14
Oct 09
Aug 20
Sep 19
Sep 28
Oct 23
Tue Sep 04
Oct 04
Oct 05
Oct 30
Sep 17
Oct 17
Oct 19
Nov 13
Oct 01
Oct 31
Nov 09
Dec 04
Oct 15
Nov 14
Nov 20
Dec 18
Oct 29
Nov 28
Dec 21
Jan 15 2019
Nov 05
Dec 05
Dec 21
Jan 15 2019
Nov 19
Dec 19
Dec 21
Jan 15 2019
Dec 03
Jan 02 2019
Jan 04 2019
Jan 29 2019
Dec 17
Jan 16 2019
Jan 25 2019
Feb 19 2019
Jan 07 2019
Feb 06 2019
Feb 08 2019
Mar 05 2019
Bold italics = submittal/meeting day is different due to a holiday.
Dates with shaded background are not 2018.
2019 dates are tentative.
Off -date to accommodate holidays.
*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 aqenda date.
FOR OFFICE USE ONLY SP #
Fee Amount $ Date Paid By who? Receipt # Ck# Bv:
Resubmittal of information for
k»
Zoning Map Amendment .N
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
❑
Deferral of scheduled public hearing at applicant's request
$194
Resubmittal fees for original Zoning Map Amendment fee of $2,688
❑
First resubmission
FREE
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1,344
Resubmittal fees for original Zoning Map Amendment fee of $3,763
❑
First resubmission
FREE
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1,881
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
$215 + actual cost of first-class postage
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.08 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)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Revised 11/02/2015 Page 1 of 1