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Home My WebLink AboutSP202100007 Review Comments Special Use Permit 2021-04-30COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 30, 2021 Tatiana Marzan 2401 Monarch Street Alameda, CA, 94501 Jeffersonmill(d)natelenergy com tatiana(a)natelenergy com RE: SP 2021-07 and SP 2021-08 Jefferson Mill Hydroelectric Project Dear: Ms. Marzan Your request for Special Use Permit SP 2021-07 and SP 2021-08 for a hydroelectric project has been reviewed by members of Albemarle County staff and our partner agencies. Review comments are provided below, organized by Department, Division, or agency. If you choose to submit additional information or responses to any comments, the next deadline for accepting resubmittals is Monday, May 3rd; please see the attached "Action After Receipt of Comment Letter" for detailed information regarding resubmittals (and other options for your possible next steps). If you choose to forego any resubmittal or responses to any comments and elect to request a hearing with the PC, it will be scheduled for the earliest possible date. (Please note: requests for PC public hearing dates are always subject to confirmation based on previously -confirmed agenda items for any particular meeting.) Please refer to the attached "Action After Receipt of Comment Letter" for more details about possible next steps for the continued review of your application. Plannin¢ The following comments related to planning matters have been provided by Bill Fritz: In order to address the impacts generated by this proposal staff will recommend conditions. While the language of these potential conditions has not been developed the potential conditions include: • Approval by State and Federal regulating agencies as required by State and Federal laws. • Development to be in general accord with the materials submitted in support of the application. Comprehensive Plan Initial comments on how your proposal generally relates to the Albemarle County Comprehensive Plan (Comp Plan) are provided below; additionally, comments regarding conformity with the Comp Plan will be provided to the PC and BOS as part of the staff report. The Comprehensive Plan designates the subject property for Rural Area — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots) land use(s) in the Future Land Use Plan, Chapter 4 of the Comprehensive Plan Natural Resources. These include water resources and climate impacts. Chapter 5 discusses Historic, Cultural, and Scenic Resources. The type of facility proposed at Jefferson Mill is not directly addressed by the Comprehensive Plan. However, staff is able to make the following findings which indicate that this request is in compliance with the Comprehensive Plan: - The proposed facility will comply with the ordinance regulations that are in place and are designed to protect water resources. - The proposed facility will improve an existing barrier to the upstream and downstream transit of aquatic life. - The proposed facility makes use of technology to minimize impacts to aquatic life. - The proposes facility is a source of renewable energy that will help reduce carbon emissions. - The proposed facility adaptively reuses a historic resource. Community Meeting No Community Meeting was required for this application. Notices were mailed to upstream and downstream property owners. I have spoken with one property owner. No concerns were stated by the property owner. Historic Preservation The following comments related to historic preservation have been provided by Khristopher Taggart: Staff has reviewed the submittal documents, including the VDHR Project Review Application and comment letters from VDHR, and offer the following: Recommendations The area is subjected to a Phase I archaeological survey prior to construction. Recommended Requirements Prior to approval of the building permit documentation that shows VDHR requirements for Section 106 review has been met is required. A qualified* monitor should be present for any ground disturbing activities. *A professional in the appropriate discipline that meets the Secretary of the Interior's 2 Professional Qualification Standards. Countv Engineer The following comments related to engineering matters have been provided by Frank Pohl, the County Engineer: Provide state permitting approvals (DEQ/State Water Control Board, etc.). 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 may be found on the Community Development website. Notification and Advertisement Fees You have already submitted the $435.00 notification and advertisement fee as required by Chapter 18, Section 35.l(i) of the Code of Albemarle. No additional fees are required. Please contact me with any questions and/or requests for assistance you may have. I can be reached at bfritz(a)albemarle.org or 434-296-5832, ext. 3242. Sincerely, William D. Fritz, AICP Development Process Manager enc: Action After Receipt of Comment Letter Resubmittal Form Resubmittal Schedule 3 DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to review comments (2) Request indefinite deferral (3) Request that your Planning Commission public hearing date be set (4) Withdraw your application (1) Resubmittal in Response to Review Comments If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. The full resubmittal schedule may be found at www.albemarle.org in the "forms" section at the Community Development page. Be sure to include the resubmittal form on the last oaee of vour 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) Request Indefinite Deferral If you plan to resubmit after 30 days from the date of the comment letter, you need to request an indefinite deferral. Please provide a written request and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit/request a public hearing be set with the Planning Commission after the 30 day period.) (3) Request Planning Commission Public Hearing Date be Set At this time, you may schedule a public hearing with the Planning Commission. After outstanding issues have been resolved and/or when you are ready to request a public hearing, staff will set your public hearing date for the Planning Commission in accordance with the Planning Commission's published schedule and as mutually agreed by you and the County. The staff report and recommendation will be based on the latest information provided by you with your initial submittal or resubmittal. Please remember that all resubmittals must be made on or before a resubmittal date. 4 By no later than twenty-one (21) days before the Planning Commission's public hearing, a newspaper advertisement fee and an adjoining owner notification fee must be paid. (See attached Fee Schedule) Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission's public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. (4) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. 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. 5 �A� OF ALg„ A �8GIN1�' Resubmittal of information for Special Zoning Map Amendment PROJECT NUMBER: SP 2021-07 and SP 2021-08 PROJECT NAME: Jefferson Mill Hydroelectric Project ❑ Resubmittal Fee ❑ is Required Bill Fritz Community Development Project Coordinator Signature Date: April 27, 2021 Use Permit or Per Request X Resubmittal Fee is Not Required Name of Applicant Phone Number Signature Date: FEES Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,075 ❑ First resubmission FREE ❑ Each additional resubmission $538 Resubmittal fees for original Special Use Permit fee of $2,150 ❑ First resubmission FREE ❑ Each additional resubmission $1,075 To be uaid after staff review for public 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 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. MAKE CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY 6 2021 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Resubmittal Schedule Resubmittal Dates (1st and 3rd Monday of the month) Comments given to the Applicant Applicant requests PC Public Hearing AND Payment Due for Legal Ad (no additional resubmittals) Planning Commission Public Hearing No sooner than' Monday Wednesday Friday Tuesday Jan 04 Feb 03 Feb 05 Mar 02 Tues Jan 19 Feb 17 Feb 26 Mar 2 Feb 01 Mar 03 Mar 12 Apr 06 Feb 15 Mar 17 Mar 26 Apr 2 Mar 01 Mar 31 Apr 09 May 04 Mar 15 Apr 14 Apr 23 Ma 18 A r 05 Ma 05 MaY07 Jun 01 Apr 19 Ma 19 Ma 21 Jun 15 Ma 03 Jun 02 Jun 11 Jul 06 Ma 17 Jun 16 Jun 25 Jul 2 Jun 07 Jul 07 JU109 Auo 03 Jun 21 Jul 21 Jul 30 Aug24 Tues Julio Aug04 Aug13 Sep 07 Ju119 Aug18 Aug27 Sep 21 Aug02 Sep 01 sep 10 Oct 05 Aug16 Se 15 Sep 24 Oct 19 Tues Sep 7 Oct 06 Oct 08 Nov 02 Sep 20 Oct 20 Oct 22 Nov 16 Oct 04 Nov 03 Nov 12 Dec 07 Oct 18 Nov 17 Nov 19 Dec 14 Nov 01 Dec 01 Dec 17 Jan 11 2022 Nov 15 Dec 15 Tues Dec 22 Jan 18 2022 Dec 06 Jan 05 2022 Jan 07 2022 Feb 01 2022 Dec 13 Jan 12 2022 Jan 21 2022 Feb 15 2022 Bold italics = submittal/meeting day is different due to a holiday. Dales with shaded background are not 2021. 2022 dates are tentative '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 aaenda dale. 7