HomeMy WebLinkAboutZMA201600013 Correspondence 2023-02-01Johnathan Newberry
From: Scro, Nicole <nscro@williamsmullen.com>
Sent: Monday, August 21, 2017 9:38 AM
To: Johnathan Newberry
Cc: Valerie Long; Elaine Echols
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
No problem, JT! Thank you so much.
-Nicole
nscro@williamsmullen.com
434-951-5728
From: Johnathan Newberry [mailto:jnewberry@albemarle.org]
Sent: Monday, August 21, 2017 9:34 AM
To: Scro, Nicole <nscro@williamsmullen.com>
Cc: Long, Valerie <vlong@williamsmullen.com>; Elaine Echols <EECHO LS@albemarle.org>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Sorry again for the delay.
Attached is the deferral letter. The deferral period is now extended to August 25, 2018.
From: Scro, Nicole [mailto:nscro@williamsmullen.com]
Sent: Thursday, August 10, 2017 3:53 PM
To: Johnathan Newberry <inewberrv@albemarle.ora>
Cc: Valerie Long <vlong@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
HiJT,
Just checking in on the letter for Willow Glen's deferral?
Thanks,
Nicole
nscro@williamsmullen.com
434-951-5728
From: Johnathan Newberry [mailto:inewherrv(@albemarle.ore]
Sent: Friday, July 28, 2017 5:55 PM
To: Scro, Nicole <nscro@williamsmullen.com>
Cc: Long, Valerie <vlon¢@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Hey Nicole,
I will get Andrew Gast -Bray to sign the deferral letter next week. Thanks!
J.T.
From: Scro, Nicole [mailto:nscro@williamsmullen.com]
Sent: Wednesday, July 26, 2017 5:56 PM
To: Johnathan Newberry <inewberry@albemarle.org>
Cc: Valerie Long <vlong@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
HiJT
Just to confirm, was Willow Glenn deferred for another year from July 12, 2017, as per below?
Tha n ks,
Nicole
nscro@williamsmullen.com
434-951-5728
From: Scro, Nicole
Sent: Wednesday, July 12, 2017 2:30 PM
To:'Johnathan Newberry' <inewberry@albemarle.org>
Cc: Long, Valerie <vlong@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Thanks JT—the difficulty is that George is working to revise the content of the application plan whereas initially it was
only a proffer amendment. He is considering adding commercial elements in place of residential and reconfiguring the
mix of residential (apartments v. townhomes v. single family). As part of these updated materials, he is also considering
partnering with another builder in town. Construction came to a halt in 2008 and its taken some time to recuperate
from those losses and figure out a viable way forward.
Thanks again for your consideration and I'm sorry I didn't elaborate earlier!
-Nicole
nscro@williamsmullen.com
434-951-5728
From: Johnathan Newberry fmailto:!newberrvC@albemarle.org]
Sent: Wednesday, July 12, 2017 2:24 PM
To: Scro, Nicole <nscro@williamsmullen.com>
Cc: Long, Valerie <vlong@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Hey Nicole,
I've pasted the code section referenced by Mark below. Can you please email me some information I can "take into
consideration" when I make the request to the Planning Director for another year -long deferral request?
Thanks,
J.T.
? It'hen al;phiatson deemed +ruhdrassn An application .hall be deemed to lime been
voluntarily withdrawn if the applicant requested that further processing or formal action
on the application be indetinite1% deferreei and the commission or the board of
supervisors is not requested by the applicant to take action on the application within one
(1) year after the date the deferral was requested- I pon written request received by the
director of planning before the one (I) year period expires, the director may grant one
extension of the deferral period for a period determined to be reasonable, taking into
consideration the size or nature of -the proposed use, the complexity of the review, and the
laws in effect at the time the request for extension is made. Upon written request received
by the clerk of the board of supervisors before the extension of the deferral period
granted by the director expires, the board of supervisors may grant one additional
extension of the deferral period determined to be reasonable, taking into consideration the
size or nature of the proposed use, the complexity of the review, and the laws in effect at
the time the request for extension is made. The timely receipt by the clerk of the
extension request shall toll the expiration of the extended deferral period until the board
acts on the request
From: Scro, Nicole [mailto:nscro@williamsmullen.coml
Sent: Wednesday, July 12, 2017 11:31 AM
To: Johnathan Newberry <inewberry@albemarle.org>
Cc: Valerie Long <vlong@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Hi JT,
We were able to discuss the below with George and we would like to request another indefinite deferral just to be sure
we don't miss a deadline —though we anticipate application materials to be ready for resubmittal well before the next
year is up.
Thank you,
Nicole
nscro@williamsmullen.com
434-951-5728
From: Mark Graham[mailto:mgraham(o)albemarle.orgj
Sent: Tuesday, July 11, 2017 2:02 PM
To: Scro, Nicole <nscro@williamsmullen.com>; David Benish <DBENISH@albemarle.org>; Johnathan Newberry
<Inewberry@a Ibemarle.org>
Cc: Long, Valerie <vlong@wil Ila msmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Hi Nicole,
First, there is no requirement for the County to notify applicants about the timeline for their applications. We do our
best to keep applicants informed, but we do expect them to manage their own applications.
That said, I note that Valerie requested an indefinite deferral on Thursday, August 25, 2016 and Johnathan Newberry
(the lead planner) responded to her on Monday, August 29, 2016 indicating the request by email was sufficient. (see
attached) By 18-33.4 n.3. of the County Code, I believe the application is considered tolled as of August 25, 2016. By
18-33.4 r.2. of the County Code, I believe the application will be considered withdrawn if the applicant makes no request
3
for action by August 25, 2017. If you believe you will be resubmitting before that date, I believe you are fine. If you
believe you will need more time, please let us know as soon as possible and we'll look at options.
Hope this helps!
Mark B Graham, P.E.
Director of Community Development
Albemarle County, Virginia
From: Scro, Nicole[maiIto: nscro(a@williamsmullen.com]
Sent: Tuesday, July 11, 2017 12:55 PM
To: Mark Graham <meraham@albemarle.orB>; David Benish <DBENISH@albemarle.org>
Cc: Valerie Long <vlong@wil!iamsmullen.com>
Subject: Willow Glen - Proffer Amendment ZMA 2016-00013
Mark and David,
I hope you are both doing well. We wanted to reach out to you with regards to Willow Glen's Proffer Amendment (ZMA
2016-00013) that was submitted July 1 of last year. The one year mark has just passed but we never heard from anyone
at the County asking whether we would like to continue to defer. Were we ever assigned a planner? We will be
submitting materials and revising plans soon and want to be sure the application remains deferred until we are ready to
do so.
Thank you both,
Nicole
Nicole Scro I Attorney I Williams Mullen
321 East Main St. Suite 400 1 Charlottesville, VA 22902-3200
T 134.951,5728 1 C 631.513.5480 1 F 434.817.0977 1 nscrocawilliamsmullen.com I www.williamsmullen.com
NOTICE: Information contained in this transmission to the named addressee is proprietary and is subject to attorney client privilege and work product
confidentiality. If the recipient of this transmission is not the named addressee, the recipient should immediately notify the sender and destroy the
information transmitted without making any copy or distribution thereof.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-45%
Phone (434) 296-5832 Fax (434) 972-4126
August 16, 2017
Valerie Long
Williams Mullen
vlong_Awilliamsmullen,com
RE: ZMA201600013 — Willow Glen Proffer Amendment
Dear Mrs. Long:
We received a request by email from Nicole Scro on July 12, 2017, to extend the indefinite
deferral for ZMA201600013 — Willow Glen Proffer Amendment per Section 33.4(r)(2) of the
Albemarle County Zoning Ordinance which states:
"When application deemed withdrawn. An application shall be deemed to have been
voluntarily withdrawn if the applicant requested that further processing or formal action
on the application be indefinitely deferred and the commission or the board of
supervisors is not requested by the applicant to take action on the application within one
(1) year after the date the deferral was requested. Upon written request received by the
director of planning before the one (1) year period expires, the director may grant one
extension of the deferral period for a period determined to be reasonable, taking into
consideration the size or nature of the proposed use, the complexity of the review, and the
laws in effect at the time the request for extension is made. Upon written request received
by the clerk of the board of supervisors before the extension of the deferral period
granted by the director expires, the board of supervisors may grant one additional
extension of the deferral period determined to be reasonable, taking into consideration the
size or nature of the proposed use, the complexity of the review, and the laws in effect at
the time the request for extension is made. The timely receipt by the clerk of the
extension request shall toll the expiration of the extended deferral period until the board
acts on the request."
The ZMA application submitted on June 20, 2016, was indefinitely deferred at your request on
August 25, 2016. Ms. Scro indicated in her email that the current request for an extension of this
deferral beyond August 25, 2017, is based on the desire to further investigate adding commercial
elements to the Willow Glen development and possibly entering into a partnership with another
local builder. Based on these circumstances, I hereby grant an extension of the deferral until
August 25, 2018.
Page 2
Please keep in mind this extension only applies to your original proffer amendment request. Any
other proposed revisions to the approved Willow Glen rezoning may be determined to be a new
and separate request from the application originally submitted on June 20, 2016.
Please also be aware that any modifications to the original application should be resubmitted
before the end of June to ensure a Planning Commission public hearing before August 25, 2018.
To do so, please use this form:
http://www.albemarie.org/upload/images/fonns center/departments/Community Development/f
orms/Zoning_Map Amendment Applications/Zoning Map Amendment Resubmittal.pdf
Should you desire a further extension of the deferral beyond August 25, 2018, a written request
with justification must be made to the Clerk of the Board of Supervisors by that date. The Board
can only grant one additional extension of the deferral period.
It is my hope this extension will enable ZMA201600013 Willow Glen Proffer Amendment to go
to public hearing with the Planning Commission before August 25, 2018. Please coordinate with
J.T. Newberry, Senior Planner, regarding the submittal of new information and scheduling this
proposal for a Planning Commission public hearing date. Please do not hesitate to contact me
should ypu have any questions.
Andrew Gast -Bray
Director of Planning
Cc: Nicole Scro, Williams Mullen
George Ray, Dickerson Ridge, LLC
J.T. Newberry, Senior Planner
Elaine Echols, Chief of Planning
Amelia McCulley, Zoning Administrator
Claudette Borgersen, Clerk of the Board of Supervisors
Johnathan Newberry
From: Scro, Nicole <nscro@williamsmullen.com>
Sent: Friday, July 28, 2017 5:59 PM
To: Johnathan Newberry
Cc: Valerie Long
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Great! Thank you, JT!
nscro@williamsmullen.com
434-951-5728
From: Johnathan Newberry [mailto:jnewberry@albemarle.org]
Sent: Friday, July 28, 2017 5:55 PM
To: Scro, Nicole <nscro@williamsmullen.com>
Cc: Long, Valerie <vlong@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Hey Nicole,
I will get Andrew Gast -Bray to sign the deferral letter next week. Thanks!
Inn
From: Scro, Nicole [mailto:nscro@williamsmullen.coml
Sent: Wednesday, July 26, 2017 5:56 PM
To: Johnathan Newberry<jnewberry@albemarle.org>
Cc: Valerie Long <vlong@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
HiJT,
Just to confirm, was Willow Glenn deferred for another year from July 12, 2017, as per below?
Thanks,
Nicole
nscro@williamsmullen.com
434-951-5728
From: Scro, Nicole
Sent: Wednesday, July 12, 2017 2:30 PM
To:'Johnathan Newberry' <inewberrv@albemarle.org>
Cc: Long, Valerie <vlong@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Thanks JT—the difficulty is that George is working to revise the content of the application plan whereas initially it was
only a proffer amendment. He is considering adding commercial elements in place of residential and reconfiguring the
mix of residential (apartments v. townhomes v. single family). As part of these updated materials, he is also considering
partnering with another builder in town. Construction came to a halt in 2008 and its taken some time to recuperate
from those losses and figure out a viable way forward.
Thanks again for your consideration and I'm sorry I didn't elaborate earlier!
-Nicole
nscro@williamsmullen.com
434-951-5728
From: Johnathan Newberry [mailto:!newberrv@albemarle.org]
Sent: Wednesday, July 12, 2017 2:24 PM
To: Scro, Nicole <nscro(cDwilliamsmullen.com>
Cc: Long, Valerie <vlone@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Hey Nicole,
I've pasted the code section referenced by Mark below. Can you please email me some information I can "take into
consideration" when I make the request to the Planning Director for another year -long deferral request?
Thanks,
J.T.
2. Own application deemed „ithdroxri. :,An application shall be [+tu,'e;nw J to have been
voluntarily withdrawn if the applicant requested that further processing or formal action
on the application be indefinitely deferred raid the commission or the board of
supervisoi: is not icquested by the applicant to take action on the application within one
t t) year after the date the deferral was requested. Upon written request received by the
director of planning before the one (1) year period expires, the director may grant one
extension of the deferral period for a period determined to be reasonable, taking into
consideration the size or nature of the proposed use, the complexity of the review, and the
laws in effect at the time the request for extension is made. Upon written request received
by the clerk of the board of supervisors before the extension of the deferral period
granted by the director expires, the board of supervisors may grant one additional
extension of the deferral period determined to be reasonable, taking into consideration tits
size or nature of the proposed use, the complexity of the review, and the laws in effect at
the time the request for extension is made. The timely receipt by the clerk of the
extension request shall toll the expiration of the extended de6zwal period until the board
acts on the request
From: Scro, Nicole [mailto:nscro@williamsmullen.com]
Sent: Wednesday, July 12, 2017 11:31 AM
To: Johnathan Newberry <inewberry@albemarle.org>
Cc: Valerie Long <vlone@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
HiJT,
We were able to discuss the below with George and we would like to request another indefinite deferral just to be sure
we don't miss a deadline —though we anticipate application materials to be ready for resubmittal well before the next
year is up.
Thank you,
Nicole
nscro@williamsmullen.com
434-951-5728
From: Mark Graham (mailto:mgraham@albemarle.org]
Sent: Tuesday, July 11, 2017 2:02 PM
To: Scro, Nicole <nscro@williamsmullen.com>; David Benish <DBENISH@albemarle.org>; Johnathan Newberry
<jnewberrv(c@albemarle.org>
Cc: Long, Valerie <vlong@williamsmullen.com>
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Hi Nicole,
First, there is no requirement for the County to notify applicants about the timeline for their applications. We do our
best to keep applicants informed, but we do expect them to manage their own applications.
That said, I note that Valerie requested an indefinite deferral on Thursday, August 25, 2016 and Johnathan Newberry
(the lead planner) responded to her on Monday, August 29, 2016 indicating the request by email was sufficient. (see
attached) By 18-33.4 n.3. of the County Code, I believe the application is considered tolled as of August 25, 2016. By
18-33.4 r.2. of the County Code, I believe the application will be considered withdrawn if the applicant makes no request
for action by August 25, 2017. If you believe you will be resubmitting before that date, I believe you are fine. If you
believe you will need more time, please let us know as soon as possible and we'll look at options.
Hope this helps!
Mark B Graham, P.E.
Director of Community Development
Albemarle County, Virginia
From: Scro, Nicole (mailto:nscro@williamsmullen.com1
Sent: Tuesday, July 11, 2017 12:55 PM
To: Mark Graham <mgraham@albemarle.org>; David Benish <DBENISH@albemarle.org>
Cc: Valerie Long <vlong@williamsmullen.com>
Subject: Willow Glen - Proffer Amendment ZMA 2016-00013
Mark and David,
I hope you are both doing well. We wanted to reach out to you with regards to Willow Glen's Proffer Amendment (ZMA
2016-00013) that was submitted July 1 of last year. The one year mark has just passed but we never heard from anyone
at the County asking whether we would like to continue to defer. Were we ever assigned a planner? We will be
submitting materials and revising plans soon and want to be sure the application remains deferred until we are ready to
do so.
Thank you both,
Nicole
Nicole Scro I Attorney I Williams Mullen
321 East Main St. Suite 400 1 Charlottesville, VA 22902 3200
T 434.951.5728 1 C 631.513.5480 1 F 434.817.0977 1 nscro(cDwilliamsmullen com I www.willlamsmullen.com
NOTICE: Information contained in this transmission to the named addressee is proprietary and is subject to attorney -client privilege and work product
confidentiality. If the recipient of this transmission is not the named addressee, the recipient should immediately notify the sender and destroy the
information transmitted without making any copy or distribution thereof.
Johnathan Newberry
From: Mark Graham
Sent: Tuesday, July 11, 2017 2:02 PM
To: Scro, Nicole; David Benish; Johnathan Newberry
Cc: Valerie Long
Subject: RE: Willow Glen - Proffer Amendment ZMA 2016-00013
Attachments: Willow Glen Proffer Amen-Email.pdf
Hi Nicole,
First, there is no requirement for the County to notify applicants about the timeline for their applications. We do our
best to keep applicants informed, but we do expect them to manage their own applications.
That said, I note that Valerie requested an indefinite deferral on Thursday, August 25, 2016 and Johnathan Newberry
(the lead planner) responded to her on Monday, August 29, 2016 indicating the request by email was sufficient. (see
attached) By 18-33.4 n.3. of the County Code, I believe the application is considered tolled as of August 25, 2016. By
18-33.4 r.2. of the County Code, I believe the application will be considered withdrawn if the applicant makes no request
for action by August 25, 2017. If you believe you will be resubmitting before that date, I believe you are fine. If you
believe you will need more time, please let us know as soon as possible and we'll look at options.
Hope this helps!
Mark B Graham, P.E.
Director of Community Development
Albemarle County, Virginia
From: Scro, Nicole [mailto:nscro@williamsmullen.com)
Sent: Tuesday, July 11, 2017 12:55 PM
To: Mark Graham <mgraham@albemarle.org>; David Benish <DBENISH@albemarle.org>
Cc: Valerie Long <vlong@williamsmullen.com>
Subject: Willow Glen - Proffer Amendment ZMA 2016-00013
Mark and David,
I hope you are both doing well. We wanted to reach out to you with regards to Willow Glen's Proffer Amendment (ZMA
2016-00013) that was submitted July 1 of last year. The one year mark has just passed but we never heard from anyone
at the County asking whether we would like to continue to defer. Were we ever assigned a planner? We will be
submitting materials and revising plans soon and want to be sure the application remains deferred until we are ready to
do so.
Thank you both,
Nicole
Nicole Scro I Attorney I Williams Mullen
321 East Main St. Suite 400 ! Charlottesville, VA 2.190?-3200
T 434.951.5728 1 C 631.513.5480 1 F 431.817.0977 1 nscro Calwilliamsmullen.com I www,williamsmullen.corn
NOTICE: Information contained in this transmission to the narneu addressee is proprietary and is subject to attorney client privilege and work product
confidentiality. If the recipient of this transmission is not the named addressee, the recipient should immediately notify the sender and destroy the
information transmitted without making any copy or distribution thereof.
Johnathan Newberry
From: Long, Valerie <vlong@williamsmullen.com>
Sent: Thursday, August 25, 2016 3:54 PM
To: Johnathan Newberry
Cc: george@insignia-va.com; Stephanie Mallory; David Benish; Elaine Echols
Subject: RE: Comments for ZMA2O1600013: Willow Glen Proffer Amendment
Thanks JT. Sorry for the delay in responding to you. We would like to request this application be indefinitely deferred.
Please let me know if you need anything else from us to make this request effective.
Valerie
Valerie Long
Williams Mullen
434.951.5709
From: 3ohnathan Newberry [mailto:jnewberry@albemarle.org]
Sent: Monday, August 22, 2016 11:27 AM
To: Long, Valerie
Cc: george@insignia-va.com; Stephanie Mallory; David Benish; Elaine Echols
Subject: RE: Comments for ZMA201600013: Willow Glen Proffer Amendment
Valerie,
A reminder that notice fees for this project are due today to go to the September 13th Planning Commission meeting.
If not, I believe the next available meeting date is October 11th.
Thanks,
JA! Newbvi-m-
Sellior 1'lauuer
Comity of Allwinarle, Planning Division
4U-2SI6-58 3'2), ext. :3'l.7fl
Notification and Advertisement Fees
Pavnnent of tite following fees are needed no later than August 23. 2016 for this application to be
advertiscd for the September 13. 2016 Planning Commission:
S293.00 Cost for newspaper advoniscrnew (PC)
$215.00 Cost for notification of adjoining ownets
S509.00 Total amount due prior to Planning Commission public heartug
Prior to the Board of Supervisor's public hearing. payment of the newspaper advertisement for
the Board hearing is needed.
S29.1.00 Additional amount due prior to Board of Supervisors public hearing
S803.00 Total amount for all notifications Fees mar be paid in adswere. Po)?nenr for both the
Plannfrtg Commission and Board of Supervisors publk hemings mar be paid or the sarne rime.
Feel free to contact ere if you need additional iufortnation. I can be reached at
inew•betry i albemarle.org or 434-296-5832. exc 3270.
Sincerely.
J.T. \ewbern
Senior Planner
From: Johnathan Newberry
Sent: Tuesday, August 16, 2016 5:36 PM
To:'Long, Valerie' <vlong@williamsmullen.com>
Cc: 'george@insignia-va.com' <george@insignia-va.com>
Subject: RE: Comments for ZMA201600013: Willow Glen Proffer Amendment
Hi Valerie,
Just checking -in with you on this project.
Do you think you'd like to move forward to the Planning Commission on September 13ih?
IT
From: Johnathan Newberry
Sent: Friday, August 05, 2016 5:26 PM
To:'Long, Valerie' <vlong@williamsmullen.com>
Cc:'george@insignia-va.com' <george@insignia-va.com>
Subject: Comments for ZMA201600013: Willow Glen Proffer Amendment
Hi Valerie,
Attached are comments for this rezoning. Please let me know if you have any questions or would like to discuss.
Thanks,
J.rr. NewjielTy
5P111oT Plail11PP
County of Alb►marle, Planning Division
434-29(i N 3I, ext, 3270
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 29, 2017
Alan Taylor
Riverbend Development
�f
RE: ZMA2016-00014 — Granger Q� "
Mr. Taylor:
We have received your email dated June 16, 2017, in which you requested that the indefinite
deferral of the application for ZMA2016-00014 — Granger be extended per Section 33.4 (r) (2) of
the Albemarle County Zoning Ordinance which states:
"When application deemed withdrawn. An application shall be deemed to have been
voluntarily withdrawn if the applicant requested that further processing or formal action
on the application be indefinitely deferred and the commission or the board of
supervisors is not requested by the applicant to take action on the application within one
(1) year after the date the deferral was requested. Upon written request received by the
director of planning before the one (1) year period expires, the director may grant one
extension of the deferral period for a period determined to be reasonable, taking into
consideration the size or nature of the proposed use, the complexity of the review, and the
laws in effect at the time the request for extension is made. Upon written request received
by the clerk of the board of supervisors before the extension of the deferral period
granted by the director expires, the board of supervisors may grant one additional
extension of the deferral period determined to be reasonable, taking into consideration the
size or nature of the proposed use, the complexity of the review, and the laws in effect at
the time the request for extension is made. The timely receipt by the clerk of the
extension request shall toll the expiration of the extended deferral period until the board
acts on the request."
The ZMA application submitted on June 21, 2016 was originally indefinitely deferred on July 7,
2016, at your request. You have indicated that your current request for an extension of the
deferral beyond July 7, 2017 is based on negotiations for access through an adjoining property.
You have said that the owner of that property resides outside of the Charlottesville area which
creates communication difficulties. Based on the circumstances you describe relating to
negotiations with the adjacent owner, I can grant an extension of the deferral until July 7, 2018.
Page 2
Activation of your original request, which has not been reviewed due to the deferral request, will
need to be requested in mid -April 2018 in order to make a Planning Commission public hearing
before July 7, 2018. If you believe changes to the original request will be required as a result of
negotiations, then submittal of a new plan and proffers, if applicable, should be provided no later
than the first submittal Monday in April 2018.
Should you desire a further extension of the deferral beyond July 7, 2018, a written request with
justification must be made by that date to the Clerk of the Board of Supervisors. The Board can
only grant one additional extension of the deferral period.
I trust this extension will enable you to complete the work necessary to bring ZMA2016-00014
Granger to public hearing with the Planning Commission before July 7, 2018. Please coordinate
with Megan Yaniglos, the planner coordinating review of this proposal, regarding the submittal
of new information and scheduling this for a Planning Commission public hearing. Please do not
hesitate to contact me should you have any questions.
Sincerely,
Andrew Gast -Bray
Director of Planning
Cc: Ashley Davies, Williams Mullen
Megan Yaniglos, Principal Planner
Elaine Echols, Chief of Planning
Amelia McCulley, Zoning Administrator
Claudette Borgersen, Clerk of the Board of Supervisors
A'A
`ARGIN�'
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 2290245%
Phone (434) 2%-5832 Fax (434) 972-4126
August 5, 2016
Valerie Long
Williams Mullen
321 E. Main St., Suite 400
Charlottesville, VA 22902
vlong@williamsmullen.com
RE: ZMA201600013 Willow Glen Proffer Amendment
Dear Mrs. Long:
Staff has reviewed your application to reduce the cash proffer amount previously approved with
ZMA200600019. In the application narrative, the justification for the reduction relates to Virginia
Code § 15.2-2303.2D and the Fiscal Impact Advisory Committee's (FIAC) recommended cash
proffer amounts based on the adopted FY 2015/2016 Capital Improvement Program (CIP) and
Capital Needs Assessment (CNA).
Plannin¢ Comments
Since receiving this application, the Board of Supervisors has denied two similar requests for
cash proffer reductions - - Spring Hill Village and Out of Bounds. In their denial, the Board
stated they believed the previously accepted proffer amounts to be reasonable and voluntarily
made and therefore lawfully accepted. Both of these requests relied on a similar justification to
this application.
Staff does not believe the Willow Glen amendment request is significantly different than the
Spring Hill Village or Out of Bounds amendment requests and does not anticipate a different
response from the Board of Supervisors or Planning Commission.
Nevertheless, if you would like to schedule your application to be heard by the Planning
Commission, please consider waiting until the Cost Revenue Impact Model (CRIM) can be run
to establish the most up-to-date per unit proffer numbers using the FY 2016/2017 CIP and CNA.
We expect these numbers to be available by the end of August.
Alternatively, you can move forward using the numbers currently proposed, but be aware that
these numbers will be considered outdated and may further complicate the review and discussion
of the request. Currently, the earliest available Planning Commission meeting date is September
13, 2016. The earliest available Planning Commission date using the updated CRIM numbers
will likely be in October.
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 as a coversheet. There is no fee for the
first resubmittal.
Notification and Advertisement Fees
Payment of the following fees are needed no later than August 23, 2016 for this application to be
advertised for the September 13, 2016 Planning Commission:
$294.00 Cost for newspaper advertisement (PC)
$215.00 Cost for notification of adjoining owners
$509.00 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 is needed.
$294.00 Additional amount due prior to Board of Supervisors public hearing
$803.00 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.
Feel free to contact me if you need additional information. I can be reached at
jnewberrv(i4albemarle.org or 434-296-5832, ext. 3270.
Sincerely,
U
J.T. Newberry
Senior Planner
CC: Dickerson Ridge LLC
c/o George Ray
690 Berkmar Circle
Charlottesville, VA 22901
george(a,insi gnia-va.com
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 top of your materials.
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. However, we
do not advise that you go directly to public hearing if staff has identified issues in need of
resolution that can be addressed with a resubmittal.
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.
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) Your comment letter will contain the actual fees you need to pay.
Payment for an additional newspaper advertisement is also required twenty-two (22) days prior
to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad
Payments for Public Hearings form.
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 may be paid in cash or by check and 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.
4
FOR OFFICE USE ONLY SP #
Fee Amounts Date Paid By who? Receipt # Ck# - Bv:
Resubmittal of information for
Zoning Map Amendment
PROJECT NUMBER THAT HAS BEEN ASSIGNED: ZMA201600013 - Willow Glen Proffer Amendment
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 Date
Print Name
FEES that may apply:
Daytime phone number of Signatory
❑
Deferral of scheduled public hearing at applicants 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 (rO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
1 $1,881
To be paid after staff review for public 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
)0 Legal advertisement (published twice in the newspaper for each public hearing) Actual cost
(avera es between $150 and $250
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9724126
Revised 11/02/2015 Page 1 of I
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 5, 2016
Valerie Long
Williams Mullen
321 E. Main St., Suite 400
Charlottesville, VA 22902
vlong@williamsmullen.com
RE: ZMA201600013 Willow Glen Proffer Amendment
Dear Mrs. Long:
Staff has reviewed your application to reduce the cash proffer amount previously approved with
ZMA200600019. In the application narrative, the justification for the reduction relates to Virginia
Code § 15.2-2303.2D and the Fiscal Impact Advisory Committee's (FIAC) recommended cash
proffer amounts based on the adopted FY 2015/2016 Capital Improvement Program (CIP) and
Capital Needs Assessment (CNA).
Planning Comments
Since receiving this application, the Board of Supervisors has denied two similar requests for
cash proffer reductions - - Spring Hill Village and Out of Bounds. In their denial, the Board
stated they believed the previously accepted proffer amounts to be reasonable and voluntarily
made and therefore lawfully accepted. Both of these requests relied on a similar justification to
this application. ,s
dff does nol believe ship INi(low 6/eri oLrrieercl rwwf re , �/s s'S�d�FkK
Y`JA � �5tL3nder-Phis-gr�seciertt�t�ff;,:nthis-r�q�es>-te-reduce-t��e'v�ensl_j�
' I s pro Nevertheless, if you would like to schedule your application to L
p be heard by the Planning Commission, please consider waiting until the Cost Revenue Impact
i Model (CRIM) can be run to establish the most up-to-date per unit proffer numbers using the FY 0013
2016/2017 CIP and CNA. We expect these numbers to be available by the end of August. ad
0y9eS /110 '
Altet%atively, yop.cat mov fforward u i g4e numbers currently proposed, but be aware that Cj41 A( 4 A&
ns 5 using these numbers will be core ed "out- -date" anewill furt�`ier coat to e review: A ��
Vu r Currently, the earliest possible meeting date available is XXX. >
Y,
0 I r�
Notification and Advertisement Fees
Payment of the following fees are needed prior to this application being advertised for the
Planning Commission:
$294.00 Cost for newspaper advertisement (PC)
$215.00 Cost for notification of adjoining owners
$509.00 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 is needed.
$294.00 Additional amount due prior to Board of Supervisors public hearing
$803.00 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.
Feel free to contact me if you need additional information. I can be reached at
jnewberryAalbemarle.org or 434-296-5832, ext. 3270.
Sincerely,
C/ U
J.T. Newberry
Senior Planner
CC: Dickerson Ridge LLC
c/o George Ray
690 Berkmar Circle
Charlottesville, VA 22901
eeorge ,insignia-va.com
a
Daily Property Rezoning: Willow Glen Project Narrative
June 20, 2016
PROJECT PROPOSAL
In 2013 the Virginia General Assembly enacted legislation, § 15.2-2303.2D of the Code of
Virginia, relating to cash proffers. The newly enacted legislation stated that "no cash payment
proffered shall be used for any capital improvement to an existing facility, such as a renovation
or technology upgrade, that does not expand the capacity of such facility or for any operating
expense of any existing facility such as ordinary maintenance or repair" § 15.2-2303.2D. In
response to such legislation, the County of Albemarle enlisted the Fiscal Impact Advisory
Committee ("FIAC") to analyze how to amend its formulaic cash proffer program so as to
conform to state law.
On September 22, of last year, the FIAC presented to the Board of Supervisors of Albemarle
County its recommendations. As part of the recommendations, FIAC stated that the recalculated
maximum per unit cash proffer amount, by dwelling unit type, should be $4,918 for Single
Family Detached (SFD) units, $3,845 for Single Family Attached / Townhouse (SFA/TH) units,
and $5,262 for Multifamily (MF) units. The much reduced numbers reflected the goal of the
Virginia General Assembly of decreasing barriers to growth and development across the state.
However, the FIAC recommendations were not implemented by Albemarle County, in part,
because Virginia's General Assembly went further in restricting localities from impeding
development through their cash proffer programs. On March 8 of this year, the General
Assembly enacted- of the Code of Virginia, to come into effect on the following
July 1.
This proposal seeks to supersede and replace the proffer statement approved by the Board of
Supervisors in connection with ZMA-2006-19, which reflected the higher proffer amounts that
are not in conformity with the 2013 General Assembly legislation § 15.2-2303.21). While this
proposal will be filed before the July I effective date off -T and will therefore will not
need to be in conformity with the law, it should follow § 15.2-2303.21), which is still in effect.
The proposal thus requests the County follow the FIAC recommendations for how to legally
conform with § 15.2-2303.2D. The FIAC recommendations propose the smaller proffer amounts
mentioned above, rather than the higher amounts of ZMA-2006-19.
Description of the properties to be developed (tax map and parcel number, total acreage, existing
buildings and uses/activities current on the property, existing zoning and Comprehensive Plan
land use designation)
Properties to be Developed:
TMP 03200-00-00-049F0, 03200-00-00-
04910,and 03200-00-00-049J0
Owner Dickerson Ridge LLC
Acreage 19.27
Existing Use
Residential
Existing Zoning
PRD
Proposed Zoning
PRD
Comprehensive
Plan Designation
Urban Density Residential
PROPOSED PROFFERS TO ADDRESS IMPACTS
The draft proffer statement is included with this submittal.
CONSISTENCY WITH COMPREHENSIVE PLAN
IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
IMPACTS ON ENVIRONMENTAL FEATURES
The three required sections above are not applicable as the proposal is only amending the proffer
amount.
RESOLUTION DENYING
ZMA 2016-00009 SPRING HILL VILLAGE
PROFFER AMENDMENT
WHEREAS, the application to amend the proffers that were approved with ZMA 2013-00017
for Tax Map and Parcel Numbers 00000-00-00-02800 (the "Property") is identified as ZMA 2016-00009,
Spring Hill Village Proffer Amendment ("ZMA 2016-00009"); and
WHEREAS, ZMA 2016-00009 proposes to amend Proffer #2 to reduce the amount of cash proffered
to address the impacts from the rezoning from $20,460.57 to $4,918.00 for each single family detached unit
and from $13,913.18 to $3,845.00 for each single family attached or townhouse unit; and
WHEREAS, staff recommended approval of ZMA 2016-00009 because the applicant's requested
cash proffer amounts are consistent with the County's current Capital Improvements Program (CIP), with the
Capital Needs Assessment (CNA), and with the cash proffer amounts recommended by the Fiscal Impact
Advisory Committee (FIAC); and
WHEREAS, on February 23, 2016, after a duly noticed public hearing, the Planning Commission
recommended denial of ZMA 2016-00009.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Albemarle, Virginia, that, upon consideration of the foregoing, the staff report prepared for ZMA 2016-00009
and all of its attachments, the information presented at the public hearing, the factors articulated by the
Planning Commission in its recommendation for denial, the material and relevant factors in County Code § 18-
33.6 and Virginia Code § 15.2-2284, the Board's repeal of the Cash Proffer Policy on June 8, 2016, and
because Proffer #2 was stated by the original applicant in ZMA 2013-00017 to be reasonable and to have been
voluntarily made, the Board hereby denies ZMA 2016-00009.
I, Travis O. Moms, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as recorded
below, at a regular meeting held on
Acting Clerk, Board of County Supervisors
Ave Nay
Mr. Dill
Ms. Mallek _
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield
1
RESOLUTION DENYING
ZMA 2016-00003 OUT OF BOUNDS
PROFFER AMENDMENT
WHEREAS, the application to amend the proffers that were approved with ZMA 2015-00005
for Tax Map and Parcel Numbers 06000-00-00-06500; 060LO-00-05-01900; 060LO-00-05-02000; 060LO-00-
05-02100;060LO-00-05-02200;060LO-00-05-02300;060L0-0-005-02400;060LO-00-05-02500;060LO-00-05-
02600;060L0-00-05-02700;060L0-00-05-02800;060L0-00-05-02900;060L0-00-05-03000;060L0-00-05-
03100;060L0-00-05-03200;060LA-00-05-03300;060LO-00-05-03400;060LO-00-05-03500;060LO-00-05-
03600; 060LA-00-05-03700; 060L0-00-05-03800; 060L0-00-4A-00400; (the "Property") is identified as ZMA
2016-00003, Out of Bounds ("ZMA 2016-00003' ); and
WHEREAS, ZMA 2016-00003 proposes to amend Proffer #3 to reduce the amount of cash proffered
to address the impacts from the rezoning from $20,460.51 to $4,918.00 for each single family detached unit
and from $13,913.18 to $3,845.00 for each single family attached or townhouse unit; and
WHEREAS, staff recommended approval of ZMA 2016-00003 because the applicant's requested
cash proffer amounts are consistent with the County's current Capital Improvements Program (CIP), with the
Capital Needs Assessment (CNA), and with the cash proffer amounts recommended by the Fiscal Impact
Advisory Committee (FIAC); and
WHEREAS, on April 26, 2016, after a duly noticed public hearing, the Planning Commission
recommended denial of ZMA 2016-00003.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Albemarle, Virginia, that, upon consideration of the foregoing, the staff report prepared for ZMA 2016-00003
and all of its attachments, the information presented at the public hearing, the factors articulated by the
Planning Commission in its recommendation for denial, the material and relevant factors in County Code § 18-
33.E and Virginia Code § 15.2-2284, the Board's repeal of the Cash Proffer Policy on June 8, 2016, and
because Proffer #3 was stated by the original applicant in ZMA 2012-00003 (where the per unit cash proffer
was identified as Proffer #2) and in ZMA 2015-00005 to be reasonable and to have been voluntarily made, the
Board hereby denies ZMA 2016-00003.
I, Travis O. Morris, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
Acting Clerk, Board of County Supervisors
Ave Nay
Mr. Dill _
Ms. Mallek
Ms. McKeel _
Ms. Palmer _
Mr. Randolph
Mr. Sheffield
1
CONFIDENTIAL: ATTORNEY -CLIENT PRIVILEGE
COUNTY OF ALBEMARLE
MEMORANDUM
TO: Albemarle County Planning Commission
FROM: Greg Kampmet, County Attorney
DATE: July 12, 2016
RE: 7.MA 2014-00006 (Avon Park II); request to reduce per unit msb proffer rontribution
This memorandum briefly examines several important issues related to the request by the owner of Avon Park II to
reduce the per unit cash proffer contribution previously proffered by the owner and accepted by the Board of
Supervisors in conjunction with ZMA 2012-00004.
1. The Board's repeal of the Cash Proffer Policy may change the analysis for this request
The request is based on the Fiscal Impact Advisory Committee's recommended reduction in the maximum per unit
cash proffer that was established in the now -repealed Cash Proffer Policy. The Fiscal Impact Advisory Committee's
recommended reduction was based on the FY 2016 capital improvements plan and changes to State law that became
effective on July 1, 2013 (cash proffers may be used for existing public facilities only if they expand capacity, and may
not be applied to maintain or operating existing public facilities).
The Cash Proffer Policy sought to address the impacts from residential development on the public facilities for
schools, transportation, public safety, parks, and libraries. Addressing only the impacts on those five classes of public
facilities was a compromise, and there were certain assumptions built into the policy to come up with a maumum per
unit cash proffer.
With the repeal of the Cash Proffer Policy, those compromises and assumptions are no longer controlling policy,
and the Planning Commission may decide, if it is going to consider recommending reducing the per unit cash proffer,
that a new analysis of all of the impacts of the rezoning be performed. It is possible that the same, a higher, or a lower per
unit cash contribution may be supported by the analysis.
2. The Planning Commission should consider evidence to support the request, not merely argument
At the Planning Commission public hearing for Spring Hill Village, the applicant argued that unless the per unit
cash contribution is reduced, it is not economically feasible to develop the project because of the cost to develop the
lot, the required public improvements, and the price points of the houses. If a similar argument is made for Avon Park
II, the applicant should provide evidence to support its economic feasibility argument.
In the larger picture, if the per unit cash contribution renders this project economically infeasible, the Planning
Commission and the Board of Supervisors may consider whether having approved projects remain undeveloped is in
the best interests of the County, particularly, if that undeveloped project would provide a needed housing type at a
desirable price. However, what is economically infeasible today may be feasible at some point in the near future. In
addition, there are several rezonings — commercial, residential, and mixed use — approved in the last ten years that have
sat idle, presumably until economic conditions were favorable.
3. The prior proffer statement for Avon Park II included the statement by the applicant that the proffers were
voluntarily made, were reasonable; the proffers were never challenged in court
Proffer statements, include the one previously accepted for Avon Park II, include language that the proffers are
voluntarily made and that the proffers are reasonable. Voluntariness and reasonableness are required for proffers to be valid
under State law. The import is that, when the owner signs a proffer statement, it is agreeing that the proffers, including
the per unit cash contribution, are voluntary and reasonable.
In addition, if an owner believes it is aggrieved by the decision of the Board of Supervisors to accept the proffers
that the owner believes to be involuntary or unreasonable, or both, it was required to challenge that decision within 30
days after the rezoning decision. The rezoning of Avon Park 11 and its proffers were not challenged and, therefore, the
matters are what are referred to by the courts as "things decided." Given that, the Planning Commission is under no
legal compulsion to reduce the proffers as requested.
4. The County has correctly applied Virginia Code § 15.2-2303(D) since it became effective July 4 2013
The argument may be made that the County has failed to comply with Virginia Code § 15.2-2303(D). That section
has provided, since July 1, 2013, that cash proffers could be used for capital improvements to existing public facilities
only if they expanded capacity, and could not be applied to maintain or operate existing public facilities.
Virginia Code § 15.2-2303(D) merely restricts how cash proffers applied to capital improvements to existing public
facilities may be used. County staff has applied cash proffer contributions that have been received since July 1, 2013 in
compliance with this law.
Whether the per unit cash contribution in the Cash Proffer Policy should have been reduced effective July 1, 2013
is a different matter. Again, that per unit cash contribution in the Cash Proffer Policy was always a maximum per unit
contribution. Any applicant could have proffered a lesser per unit cash contribution on the theory that a lesser amount
was warranted because of Virginia Code § 15.2-2303(D). I am not aware of any applicant that made such an argument.
5. If the Planning Commission is inclined to recommend a reduction of the per unit cash contribution, it
should either recommend that the Board of Supervisors accept the amount in the proposed amended
proffers, or, if it wants to consider a different pet unit cash contribution, ask the applicant to agree to a
deferral to allow time to further study the issue
Even though the Cash Proffer Policy has been repealed, the FIAC recommendation provides, at the very least, a
reasonable basis for the reduced per unit cash contribution requested by the applicant.
Unless there is evidence presented at the Planning Commission's public hearing that would justify some other per
unit cash contribution, the Commission should either: (1) recommend denial of the rezoning application; or (2) approve
the rezoning application with the amended proffers offered by the applicants.
If there is evidence presented at the Planning Commission's public hearing that would justify some other per unit
cash contribution, and the Commission is interested in considering that alternative, it should ask the applicant to agree
to a deferral to allow time for further study. The Planning Commission is strongly encouraged to not negotiate a different per unit cash
contribution with the applicant at the July 12 public heating because there is no evidence in the record to provide the ovasonable basis that
would support per unit cash contribution being considered
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
MEMORANDUM
TO: MEMBERS, SITE REVIEW COMMITTEE:
Chuck Proctor, VDOT Culpeper
VDOT
Joshua Kirtley, Thomas Jefferson Health Department
Jay Schlothauer, Building Codes and Zoning Services
Alexander Morrison, Albemarle County Service Authority
Ron i ins, Zoning
Howard Lagomarsino, AI ®are County Fire andRescue Division
Dan Mahon, Albemarle County Department of Parks and Recreation
Margaret Maliszewski, Architectural Review Board
Jennifer Whitaker, Chief Engineer, Rivanna Water Service Authority
Tim Keller, At — Large PC Member
FROM: Albemarle County Department of Community Development— Planning Division
DATE: July 6, 2016
RE: New Rezonings and Special Use Permits
This memo contains the list of special use permit and rezoning applications received on June 20, 2016.
The Review Schedule is:
ALBEMARLE COUNTY STAFF PRELIMINARY COMMENTS:
July 20, 2016
INTERDIVISIONAL STAFF MEETING:
July 20, 2016
FINAL WRITTEN COMMENTS FROM ALL STAFF:
July 29, 2016
LETTER TO APPLICANT:
August 5, 2016
PROJECT: SP201600017 Historical Woodworking School
PLANNER: Scott Clark
MAGISTERIAL DISTRICT: White Hall
TAX MAP/PARCEL: 019000000007FO
LOCATION: 5700 Buffalo River Rd
PROPOSAL: Private school for woodworking instruction in existing building
PETITION: Private school, as permitted under section 10.2.2.5 of the Zoning Ordinance. No dwellings
proposed.
ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unittacre in
development lots)
COMPREHENSIVE PLAN: Rural Area — preserve and protect agricultural, forestal, open space, and
natural, historic and scenic resources; residential (0.5 unit/ acre in development lots)
PROJECT: ZMA201600013 Willow Glen Amendment
PLANNER: JT Newberry
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL: 03200-00-00-049F0, 03200-00-00-04910, 03200-00-00-049JO
LOCATION: Approximately 2,000 feet south of the intersection of Airport Road and Dickerson Road.
PROPOSAL: Reduce the currently approved cash proffer amount of $17,500 per single-family detached
dwelling to the cash proffer amount recommended by the Fiscal Impact Advisory Committee of $4,918
per single-family detached dwelling. Reduce the currently approved cash proffer amount of $11,900 per
single-family attached dwelling to the cash proffer amount recommended by the Fiscal Impact Advisory
Committee of $3,845 per single-family attached dwelling.
PETITION: Request to amend proffers on property zoned PRD which allows a variety of development for
residential purposes and ancillary uses. No new dwellings proposed.
OVERYLAYS: Airport Impact Area, Steep Slopes (Managed)
PROFFERS: Yes
COMPREHENSIVE PLAN: Urban Density Residential — residential (6.01 — 34 units/ acre); supporting
uses such as religious institutions, schools, commercial, office and service uses in the Hollymead area of
the Places29 Master Plan.
Email cc: Architectural Review Board
Planning Commission
Board of Supervisors
Police Department — Steve Watson
Housing Department— Ron White
City of Charlottesville — Missy Creasy
United States Postal Service
Johnathan Newberry
From: Elaine Echols
Sent: Thursday, June 23, 2016 2:46 PM
To: Johnathan Newberry
Subject: FW: ZMA-2016-00013 Willow Glenn Proffer Amendment (Red -line of Proffers) [IWOV-
I W OVRIC.FID 1589197]
Attachments: REDLINE Willow Glen Proffer Statement 10.10.07 vs Willow Glen Proffer St .... pdf
JT — I'm hoping you can take this ZMA. Here is some info
From: Long, Valerie[mailto:vlong@williamsmullen.com]
Sent: Thursday, June 23, 2016 11:48 AM
To: Francis MacCall <FMACCALL@albemarle.org>
Cc: Elaine Echols <EECHOLS@albemarle.org>; Megan Yaniglos <myaniglos@albemarle.org>; Carla Harris - CDD
<CHARRIS@albemarle.org>; Stephanie Mallory <smallory@albemarle.org>; Erika Castillo <ecastillo@albemarle.org>
Subject: ZMA-2016-00013 Willow Glenn Proffer Amendment (Red -line of Proffers) [IWOV-IWOVRIC.FID1589197]
Francis and others: Attached is the requested red -line of the revised proffers.
Thank you again, and our client is making arrangements to deliver the application fee in the next few days.
Valerie
Valerie Long
Williams Mullen
434.951.5709
From: Francis MacCall [mailto•FMACCALL(oalbemarle om]
Sent: Wednesday, June 22, 2016 4:50 PM
To: Long, Valerie
Cc: Elaine Echols; Megan Yaniglos; Carla Harris - CDD; Stephanie Mallory; Erika Castillo
Subject: Zoning Map Amendment Application ZMA-2016-00013 Willow Glenn Proffer Amendment
Mrs. Long,
The Zoning Map Amendment application received in the Department of Community Development on 6/20/2016 has
been deemed complete by County staff. The applicant must now pay the required fee for this application to be further
processed for review.
Before the 5" of July please provide one copy of a "red -lined" Proffers statement clearly noting all of the proposed
changes within the entire proffer statement.
The fee required for ZMA-2016-00013 is $2688.00
Please provide a check to the front office staff in the Department of Community Development for the amount noted
above, payable to the "County of Albemarle", by no later than Tuesday July 5`". 2016
If this fee is received after Tuesday July 5' then your application will be processed with the next round of application
submittals. Submittal Schedule
Also, please provide a copy of this email along with your check as verification that your fee can be accepted
ADDITIONAL FEES REQUIRED BUT NOT DUE AT THIS TIME.
Please note that there will be 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 Special Use Permit may be heard by the Board of Supervisors.
The total fee for public notice will be provided to you after the final cost is determined and must be paid before the
application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner
notification to be between $400 and $450 per hearing. This estimate reflects the average cost of public notice fees for
Special Use Permit applications, but the cost of certain applications may be higher.
If applicable any fees for waiver/special exceptions will be required at the time the additional fees noted above are
calculated. The current fee for a special exception is $457.
Let me know if you have any questions.
Francis H. MacCall
Principal Planner
Albemarle County
Department of Community Development
401 McIntire Road
Charlottesville VA 22902-4596
ph. 434-296-5832 ext. 3418
fax 434-972-4126
Rachel Falkenstein
From: Long, Valerie <vlong@williamsmullen.com>
Sent: Tuesday, December 04, 2018 2:48 PM
To: Rachel Falkenstein
Subject: FW: ZMA 2016-00013 Willow Glen Proffer Amendment (First Resubmittal)
Rachel: We never received any comments back from you on this resubmittal from September 171h. Did I miss
them?
Valerie Long
Williams Mullen
434-951-5709
From: Long, Valerie <vlong@williamsmullen.com>
Sent: Friday, September 21, 2018 5:22 AM
To: Rachel Falkenstein <rfalkenstein@albemarle.org>
Subject: Fwd: ZMA 2016-00013 Willow Glen Proffer Amendment (First Resubmittal)
Rachel: we would like to wait for your comments before going to the PC. thanks, and please let me know if you need
anything from our team.
Valerie Long
Williams Mullen
434-951-5709
From: Long, Valerie <vlong@williamsmullen.com>
Sent: Thursday, September 20, 2018 12:36 PM
To: Rachel Falkenstein
Subject: RE: ZMA 2016-00013 Willow Glen Proffer Amendment (First Resubmittal)
Let me check with George and get back with you, but I think we'd like to get some staff comment first.
Valerie Long
Williams Mullen
434-951-5709
From: Rachel Falkenstein <rfalkenstein@albemarle.org>
Sent: Tuesday, September 18, 2018 2:44 PM
To: Long, Valerie <vlone@williamsmullen.com>
Subject: RE: ZMA 2016-00013 Willow Glen Proffer Amendment (First Resubmittal)
Thanks Valerie. I assume you want me to go ahead and get this scheduled for PC? Or did you want to receive staff
comments before deciding how to proceed?
From: Long, Valerie <vlona@williamsmullen.com>
Sent: Monday, September 17, 2018 3:13 PM
To: Rachel Falkenstein <rfalkenstein@albemarle.ore>
Subject: ZMA 2016-00013 Willow Glen Proffer Amendment (First Resubmittal)
Rachel,
Attached for your review are electronic versions of documents in connection with ZMA 2016-00013 — Willow
Glen Proffer Amendment. Hard copies of these materials are being submitted right now, but I wanted to go
ahead and send you electronic copies.
If you need any additional hard copies of any of these documents, please let me know.
Thank you,
Valerie
Valerie Wagner Long I Attorney I Williams Mullen
321 East Main St. Suite 400 1 Charlottesville, VA 22902-3200
T 434.951.5709 1 C 434-242-6792 1 F 434.817.0977 1 vlonaCa)williamsmullen com I www.williamsmulten.com
NOTICE: Information contained in this transmission to the named addressee is proprietary and Is s ubject to attorney -client privilege and work
product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should immediately notify the sender and destroy
the information transmitted without making any copy or distribution thereof.
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