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Home My WebLink AboutSP201900002 Review Comments Special Use Permit 2019-04-29 (2)AL$ L�RGiNL�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 May 3, 2019 Scott Collins Collins Engineering 200 Garret Street, Suite K Charlottesville, VA 22911 RE: SP 2019-002 Pleasant Green Mr. Collins: Fax (434) 972-4176 Staff has reviewed your initial submittal for a special use permit amendment to West Glen (SP2016-003) for fill in the floodplain. We have a number of questions and comments which we believe should be resolved before your proposal goes to public hearing. We would be glad to meet with you to discuss these issues. Our comments are provided below: 1. The application should include those parcels that were part of West Glen and the additional parcels that are being impacted for the fill in the floodplain revised location. Revise the tax map note to include the following parcels: 05600-00-00-11500; 055CO-03- 00-OOOA1; 056A1-01-00-030A0; 056A1-01-00-03100; 056A1-01-00-03000; 055CO-03-00- 000AO; 056A1-01-00-02500; 056A1-01-00-026BO; 056A1-01-00-026A0 2. Remove the note concerning additional density. A special use permit cannot be submitted for additional density. This will need to be accomplished either by a rezoning or a comprehensive plan amendment. 3. Regarding the request for removal of existing condition #4: Staff's position regarding this condition is that it should remain due to the prior actions by the PC and the BOS, prior input from the Community for density with the West Glen application, and the recommendations within the Comp Plan. The Crozet Master Plan states the following in recommendation to this area of Crozet "Western Crozet": "New residential development adjacent to existing neighborhoods should be compatible with housing types and have comparable densities". In addition, Objective 8 within the Comprehensive Plan discusses the preservation of natural systems including stream cooridors and in Objective 8c states that within the Comp Plan, density is calculated by measuring the area with the land use designation other than Parks and Green Systems. While staff position is that it should remain, we also acknowledge that the impact of the crossing has decreased due to the revised location. 4. Regarding proposed Condition #4: the application plan notes the trail as a pedestrian trail and not a "greenway" trail as the condition states. The language should be consistent. In addition TMP 56-7 is not a part of the application, however if the intent is to dedicate the trail on this parcel as well, it should be included in the list of TMP's. 5. Staff will need to discuss proposed Condition #5 with the County Attorney's office, as it's staff's position that this condition is not necessary as the amended SP and revised conditions supersede SP2016-03 conditions by its approval. Also, SP1990-103 conditions would be met by this approval, and therefore, this is not necessary either. Planning Comprehensive Plan. See comments above. In addition, staff comments regarding the Comp Plan have not significantly changed since the analysis that was provided with the previous SP, West Glen. However, staff does believe that the impact is far less than that previously proposed. Additional 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 public hearing. Zoning The following comments related to zoning matters have been provided by Francis MacCall: 1. Proposed condition #3 states that "...streets resulting from the subdivision of the Property,..." Reference to the "Property" should correspond with what is described as the "Property" somewhere in the first condition. Engineering and Water Resources The following comments related to engineering and water resources have been provided by Frank Pohl: 1. Page 2 of Narrative includes "...and stream crossing will be designed to have no impact on the 100-year base flood elevation with no increase of the 100-year flood elevation." Modeling of the proposed fill/culverts will be required as part of the Floodplain Development Permit to confirm if the proposed development results in 'no -rise'. If modeling results show changes to the FHOD limits/elevations, a CLOMR/LOMR will also be required as the project moves through the permitting phases. 2. It is recommended that side slopes of the stream crossing do not exceed 3:1. Decreasing the slope will increase the amount of fill in the floodplain but should not affect the flood elevations, or if it does, should affect it minimally beyond what is already being proposed. Decreasing the slope will reduce short/long term erosion potential and improve maintenance safety. VDOT agrees with this recommendation. 3. Confirm if utilities (water/sewer/other) will be routed above the proposed box culverts. VDOT has recently stated utilities cannot be located above box culverts proposed to be maintained by VDOT. Transportation VDOT and comments from Kevin McDermott have not been received to date and will be forthcoming. SP Conditions Staff believes that existing conditions #4, #5, and #6 (with a change to the date to 5 years from approval of the SP) should remain as written. The other proposed conditions that do not relate to those stated above, are acceptable. Action after Receipt of Comments 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 online at http://www.albemarle.org/upload/images/forms center/departments/Community Development /forms/Special Use Permit Applications/Special Use Permit Submittal and Review Schedule.p df Notification and Advertisement Fees Notification fees were paid with the application. 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 mnedostup@albemarle.org Sincerely, Megan Nedostup Principal Planner, Planning Services enc: Action After Receipt of Comments Resubmittal Form DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER FIRST SET OF COMMENTS Your project has been scheduled for a public hearing by the Planning Commission for June 25, 2019 which is within the 90 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. 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. To maintain the 90-day schedule with a recommendation for approval, revised plans must be submitted by May 20t", 2019. If you need more time to make these changes, and if you prefer to move forward to the Planning Commission with a recommendation for approval, you must request deferral. 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. Within one week, please do one of the following: (1) Resubmit in response to review comments by the date noted above (2) Request deferral, as required by Section 33.521, in these instances: a. If you will not be resubmitting by May 201", 2019 b. If you will resubmit, but would like to receive comments on the revised submittal, and understand the Planning Commission date will be later than June 25, 2019. (3) Proceed to Planning Commission public hearing on June 25, 2019 (4) Withdraw your application (1) Resubmittal in Response to Review Comments Please resubmit on or before May 20, 2019. Be sure to include the resubmittal form on the last page of ur comment letter with vour 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) Deferral requested Revised 10-9-18 MCN 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 March 18, 2022. (This is based on the Board of Supervisors' September 5, 2018 action.) However, all outstanding information necessary for Commission action must be submitted by November 18, 2021 (120 days prior to the end of the deferral period), according to the published schedule. (See Section 18-33.52 of the Albemarle County Code.) (3) Proceed to Planning Commission Public Hearing on June 25, 2019 At this time, you may request that your application proceed to public hearing, with the Planning Commission on June 25, 2019, without resubmitting on or before May 20, 2019. With this option, staff will take your project to the Commission as originally submitted, but without a recommendation of approval. (4) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. 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). Revised 10-9-18 MCN FOR OFFICE USE ONLY SP p or Z\fA a Fee Amounts Date P.d Br oho' Receipts ck Be: Resubmittal of information for Special Use Permit or ---ff Zoning Map Amendment PROJECT NTJMBER: �T201-I—WI PROJECTNAME: YI{9 SCsyuT li/YC_'C✓� ❑ Resubmittal Fee is Required ❑ Per Request Resubmittal Fee is Not Required Name of Applicant Phone Number Date FEES Resubmittal fees for Special Use Permit — o iglnal Special Use Peewit fee of S1,000 ❑ First resubmission FREE ❑ Each additional resubmission $500 Resubmittal fees for original Special Use Pei mtt fee of S2,000 ❑ First rosubmission FREE ❑ Each additional resubmission $1.000 Resubmittal fees for original Zoning Map Amendment fee of$2,500 ❑ First resubmission FREE ❑ Each additional resubmission $1.250 Resubmittal fees for original Zoning Map Amendment fee of $3,500 ❑ First resubmission FREE ❑ Each additional resubmission $1.750 ❑ Deferral of scheduled public hearing at applicant's request - Add'] notice fees will be iequred $180 To be Daid after staff reaien, for Dublic 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 br the Board ofSupen'isors. Virginia Slate Code requires that notice for public hearings be made br publishing a legal advertisement in the ne%%spaper and by mailing letters to adjacent property onners. Therefore, at least tmo fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supenison. 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. MAKE Utl CKJ 10 UVUN IY UY ALBEMARLE/YAY.MEN1 AI UUMMUNII Y DEVELOPMENT COUNTER r Preparing and mailing or delivering up to fifty (50) notices 5200 - actual cost of first-class postage i Preparing and mailing or delivering each notice after fifty(50) S1.00 for each additional notice + actual cost of first-class postage Y Legal advertisement (published twitt is We newspaper for each public hearing) costc nummum of S280 for total of4publications) County of Albemarle Department of Community Development 401 Mclatire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9724126 6 712011 Page 1 of I