HomeMy WebLinkAboutZMA201100001 Review Comments Zoning Map Amendment 2011-07-29�. • , J r f
COUNTY OF ALBEMARLE
Department of Community Development
Division of Planning
(434) 296 — 5823
July 29, 2011
Mr. Anthony. Nichols
Fontana Land Trust
605 Fontana Drive
Charlottesville, VA 22911
RE: ZMA =11 -01 Fontana Submittal #3 dated July 6, 2011
Dear Mr. Nichols:
401 McIntire Road, Room 218
Charlottesville, Virginia 22902 -4596
Fax (434) 972 - 4035
Thank you for your recent submittal of the plan entitled Fontana Subdivision, Pedestrian Path
Plan, June 14, 2011, prepared by Terra Engineering and Land Solutions. You provided this plan
on July 7 and, although it was after the deadline, we accepted it for review according to the July
5 resubmittal schedule.
Planning, Zoning, and Engineering staff have reviewed the Pedestrian Path Plan and concluded
that it addresses all prior comments and meets the expectations of the Planning Commission.
In order for the Board of Supervisors to accept your request to modify the commitment to build
in accordance with the revised pedestrian plan, revised proffers are needed. You provided signed
proffers on February 22, 2011, but, unfortunately, they reference an earlier plan. The County
Attorney's office has advised us that these proffers will not allow the Board of Supervisors to
approve your request.
The following language would be acceptable and a full set of proffers (as I provided in June)
would not have to be signed. The highlighted portions are the portions of the proffer that would
need to be changed from the February 22, 2011 proffers. The May 1, 2012 deadline was
recommended by the Planning Commission.
11 Plan for Pedestrian Paths for Phases 1, 2, 3, 4A and 413 of Fontana 'Subdivision: The
Owner shall construct pedestrian paths in Phases 1, 2,3, -4A and 4B of Fontana Subdivision in
accordance with the standards and locations shown on the plan entitled "Fontana Subdivision
Pedestrian Path Plan" i» epared by Terra Engineering and Land Solutions and dated June 14,
2011. These paths shall be completed to the satisfaction of the County Engineer by May 1, 2012
and prior to grading in Phase 4C.
I have attached a proffer form which you could use. Please make sure that the 2011 ZMA
number and the ZMA amendment numbers be placed correctly on the form. As I indicated in an
email June 15, a representative from the Owner's Association, who is authorized by their
Bylaws, will also need to sign the proffers. This is because the Owner's Association is the legal
owner of record on Tax Parcel 78E -E. Stan Rose signed the rezoning application and the
February 22 proffers. If he is to sign the new proffers, his name should be printed exactly as it is
listed on the Owner's Association documents and his signature should match the printed name.
The exact name of the Owner's Association should also be on the proffers.
Resubmittal and Public Hearing
Within 30 days of the date of this letter, please do one of the following:
(1) Submit the revised signed proffers on resubmittal date found on the County's
resubmittal schedule, which may be found at this website location:
http: / /www.albemarle.org/upload /images /forms center /departments /Community Dev
elopment /forms /schedules /Special Use Permit & Zoning Map Amendment Sched
ule.pdf
OR
(2) Request indefinite deferral and state your justification for requesting the deferral.
(Indefinite deferral means that you intend to resubmit /request a public hearing be set
with the Board after the 30 day period.)
A public hearing date with the Board of Supervisors of September 14 is tentatively set for this
project. In order for you to keep this date, the revised proffers must be received by August 15
and they must be in order. If you choose not to submit revised proffers, you may continue to
request September 14 for the Board's public hearing. However, the Board will be unable to
approve your request because the existing proffers and the plan title and date do not match.
Please be advised that, once a public hearing has been advertised, only one deferral prior to the
Board's public hearing will be allowed during the life of the application. The only exception tc
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.
It is my sincerest hope that you and the Owner's Association representative will be able to sign
the proffers so that this project can be acted on by the Board of Supervisors, at their next
available date, which is September 14. I look forward to receiving the revised proffers by
August 15 or sooner.
Sincerely,
Elaine K. Echols, AICP
Principal Planner - Development Areas
C: StanleyR. Rose, Fontana Owners Association
2
Original Proffer
Amended Proffer
(Amendment # 1 toZMA 2004 - 000181
PROFFER FOR FONTANA PHASE 4C
Date:
ZMA # 2011 - 0000.1:
Tax Map and Parcel Number Tax Map 78E, Parcel A
17.15 Acres to be rezoned from R1; R4. RA to R4
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby
voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned.
These conditions are proffered as a part of the requested rezoning and it is acknowledged that
such conditions are reasonable.
This proffer replaces proffer #10 for the rezoning entitled ZMA 2004 -00018 Fontana Phase 4C,
Tax Map 78E Parcel A.
Plan for Pedestrian Paths for Phases 1, 2, 3, 4A and 4B of Fontana Subdivision: The
Owner shall construct pedestrian paths in Phases 1, 2, 3, 4A and 4B of Fontana Subdivision in
accordance with the standards and locations shown on the plan entitled "Fontana Subdivision
Pedestrian Path Plan" prepared by Terra Engineering and Land Solutions and dated June 14,
2011. These paths shall be completed to the satisfaction of the County Engineer by May 1, 2012
and prior to grading in Phase 4C.
Signature of Owner
A. M. Nichols, Trustee
Fontana Land Trust
Date
Signature of Owner Full Name for Representative Date
Office
Fontana Owners Association, Inc.
-+r
COUNTY OF ALBEAlARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
June 14, 2011
Mr. Steve Driver, PE, LS
Terra Engineering and Land Solutions
.2374 Stuarts Draft Highway
Stuarts Draft, VA 24477
RE: ZMA.2011 00001 Fontana-Trails Proffer Amendment
Dear Steve:
In reviewing our records concerning the above referenced application, it has been at least 30
days since we have had any communication from you regarding this project. To assure that
your application is proceeding to public hearing in accordance with state and local codes, the
County asks that you:
• Request withdrawal of your application for the above referenced project OR
Request deferral of the application to a specific date to be determined in accordance
with -the Board of Supervisor's Schedule and as. mutually agreed to by the applicant and
County, OR
• Request indefinite deferral and state your justification for requesting the deferral.
If we do not receive any written correspondence concerning the above referenced project by
June 24, 2011, we will schedule this project for a public hearing with the Board of Supervisors
with a recommendation based on the information in our file for this project as of the date of this
letter. As you know, the Planning Commission's recommendation for approval was contingent
on your providing additional information. Since _you have not provided that information, their
recommendation cannot stand.
If you request deferral of the application to a specific Board date--and we do not receive any
written correspondence concerning the above referenced project by 60 days before that specific
date, we will schedule this-project-for a public hearing with-the Board on-that specific date with a
recommendation based on the information in our file for-this project as of the date of-this letter.
If you request an indefinite deferral, Sections 31.6.2(b)(2) and 33.7(b) of the Albemarle County
:Zoning Ordinance:state:
If the applicant requests that further processing or formal action on the application be
indefinitely deferred, the application (petition) shall be deemed-to have been voluntarily
withdrawn by the applicant (petitioner) if the commission or the board does not-take
action on the application within twelve (12) months after the date the deferral was
requested. Upon written request received by the. director of planning (planning and
community development) before the application (petition) is deemed to be withdrawn,
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.
If no action is taken by the Board of Supervisors on the above referenced project within 12
months from the date of your request for indefinite deferral, the project will be deemed
withdrawn unless you request with justification and are granted an extension of the deferral
period by the Director of Planning.
Thank you for your time and attention to this matter.
Sincerely,
Elaine K. Echols AICP
Principal Planner
C: Stanley Rose, Fontana Homeowner's Association
Anthony Nichols, Co-applicant
Rev. 3 -29 -10
�� • � .lhT F
COUNTY OF ALBEMARLE
Department of Community Development
Division of Planning
(434) 296 — 5823
March 25, 2011
Mr. Steve Driver, PE, LS
Terra Engineering and Land Solutions
2374 Stuarts Draft Highway
Stuarts Draft, VA 24477
RE: ZMA -11 -01 Fontana Submittal #2 dated
Dear Steve:
401 McIntire Road, Room 218
Charlottesville, Virginia 22902 -4596
Fax (434) 972 - 4035
Thank you for your recent resubmittal which was accepted for review with the February 22, 2011
resubmittals. Staff comments are below:
County Engineer (Glenn Brooks)
Please have the applicant prepare their own updated plan and reference it in the proffers,
including phasing. The sketch plan and notes I prepared, when we could not get an adequate
plan from the applicant on the previous rezoning, is no longer accurate. In the written proffer, it
is not clear that the_ phasing and page numbers.are relevant, and it is not appropriate to have my
name in the proffer it is not on the plan. The usual procedure is to prepare and label an exhibit
and reference it in the written proffer.
Planning (Elaine Echols)
As you are probably aware, staff cannot support all of your request. The paths were intended to
substitute for sidewalks in this development and removing potential pedestrian, connections is not
in keeping with the County's Comprehensive Plan. Staff recognizes that the developer of
Fontana may not have the legal ability to use utility easements for trails across tax map parcels
78E.120 through 128 and may have difficulty acquiring path easements across these lots. For
these reasons,. staff can support removal of the obligation for these paths. With regards to the
path through tax map parcel 78E -E staff believes this path should be built to better connect the
lots on Olympia.Drive to Fontana Drive and the community center without having to walk in the
street.
If you decide to continue with your request, a revised plan should be provided, as indicated by
Glenn Brooks, and the reference to that plan in revised proffers should be provided. These
changes are not needed prior to the Planning Commission's public hearing, but they will be
needed before the project is advertised for the Board of Supervisors public hearing.
Resubmittal or Public Hearing
Staff believes this project is ready.for a Planning Commission public hearing. Within 30 days of
the date of this letter, please do one of the following:
(1) Resubmit in response to these comments on a resubmittal date as published in the
project review schedule (the full resubmittal schedule may be found at
www.albemarle.ora in the "forms" section at the Community Development page), OR
(2) Request a public hearing be set with the Planning Commission. OR
(3) Request indefinite deferral 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.)
A public hearing date of April 19 is tentatively set for this project, however, we need
written confirmation that you would like to have the public hearing on that date. (An email
response is acceptable.)
If we have not received a written or emailed 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 actions is taken, staff will schedule your
application for a public hearing based on the information provided with your original submittal.
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.
Sincerely,
Elaine K. Echols, Amp
Principal Planner - Development Areas
C: Stanley R. Rose, Fontana Owners Association
2
COUNTY OF ALBEMARLE
Department of Community Development
Division of Planning
(434) 296 — 5823
February 9, 2011
Mr. Steve Driver, PE, LS
Terra Engineering and Land Solutions
2374 Stuarts Draft Highway
Stuarts Draft, VA 24477
RE: ZMA -11 -01 Fontana
Dear Steve:
401 McIntire Road, Room 218
Charlottesville, Virginia 22902 -4596
Fax (434) 972 - 4035
Thank you for your recent submittal which was accepted for review in January. Your request is
described below:
Fontana Owner's Association and Fontana Land Trust desire to delete the Fontana
Court Path and Appian Way Path as "trails needed" as indicated on Page I of "Fontana
Pedestrian Path Plan, " prepared by Glenn Brooks, 2 -25 -08 as referenced in proffer #10
or ZMA 04 -18 approved by Board of Supervisors on March 19, 2008.
We have read through your
application several times as
well as the letter from Stan
Rose. We are still unclear as
to the exact trails or segments
that you are trying to delete.
There are four trail segments
near Appian Way. Also,
there is a full trail segment
which extends from behind
the houses facing Fontana
Drive near Avemore all the
way to where it connects
back into Fontana Drive. We
do not know if the full trail is
to be eliminated or if there
are only parts of it to be
deleted behind Fontana Court.
farrana Trails layoul - -Ld o '.•.6 " .4,0—
.� .a a --W 00 rdd +rwlh
I know that on January 25, Sarah Baldwin called to ask for additional information to identify
exactly which trails or segments you wish to delete. You provided an updated map of BUILT
TRAIL LOCATIONS, which, unfortunately did not help. Sarah said she called you for the
clarification which you tried to give verbally. Unfortunately, it was still unclear because of the
number of trails near Appian Way and the length of the trail behind Fontana Court. In addition,
if the BUILT TRAIL LOCATIONS map is to be the substitute for plan referenced in Proffer 10,
there would be trails deleted in addition to the two the trails near Appian Way and Fontana
Court.
In order to provide further comments on the request, we need clear identification of the paths or
path segments to be eliminated, preferably using the plan shown on the first page of the comment
letter. In addition, we need to see the proposed changes to Proffer 10. If you are proposing a
modified path plan, then we need that plan.
Staff will be glad to further review your request once the physical depictions of the paths to be
eliminated are provided and written proffer changes are received. Staff is unable to prepare these
documents for you.
Resubmittal or Public Hearing
Within 30 days of the date of this letter, please do one of the following:
(1) Resubmit in response to these comments on 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), OR
(2) Request a public hearing be set with the Planning Commission based on the
information provided with your original submittal (a date will be set in accordance
with the Planning Commission's published schedule as mutually agreed to by you and
the County), OR
(3) Request indefinite deferral 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.)
If you desire to go straight to public hearing, please be advised that we will have to recommend
denial because of the lack of clarity in the request and the need for a proffer modification.
If you decide to resubmit, please clearly identify on a plan or map the path segments you wish to
eliminate at the exact locations. Also, provide specific wording for any proffer changes. If the
wording changes make reference to a plan, then that plan will need to be modified and included
with your resubmittal.
If we have not received a written or emailed 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 actions is taken, staff will schedule your
application for a public hearing based on the information provided with your original submittal.
2
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.
Although we may not ultimately be able to support the proposal to eliminate paths, we want to
work with you on getting the request in a form for which the Planning Commission and Board
can take action.
Sincerely,
C.� tdb
Elaine K. Echols, AICP
Principal Planner - Development Areas
C: Stanley R. Rose, Fontana Owners Association
3
2011 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal Schedule
Written Comments and Earliest Planning
Commission Public Hearing*
Resubmittal
Dates
Comments to applicant
for decision on whether
to proceed to Public
Hearing *
Decision for Public
Hearing & Legal Ad
Fee Due **
Planning
Commission Public
Hearing
No sooner than*
Monday
Wednesday
Monday
Tuesday
Jan 3
Feb 2
Feb 7
Mar 1
Tue Jan 18
Feb 16
Feb 21
Mar 15
Feb 7
Mar 9
Mar 14
Apr 5
Tue Feb 22
Mar 24
Mar 28
Apr 19
Mar 7
Apr 6
Apr 18
May 10
Mar 21
Apr 20
May 2
May 24
Apr 4
May 4
May 16
Jun 7
Apr 18
May 18
Tue May 31
Jun 21
May 2
Jun 1
Jun 20
Jul 12
May 16
Jun 15
Tue Jul 05
Jul 26
Jun 6
Jul 6
Jul 18
Aug 9
Jun 20
Jul 20
Aug 1
Aug 23
Tue Jul 5
Aug 3
Au 22
Sep 13
Jul 18
Aug 17
Tue Sep 06
Sep 27
Aug 1
Aug 31
Sep 12
Oct 4
Aug 15
Sep 14
Sep 26
Oct 18
Tue Sep 06
Oct 5
Oct 10
Nov 1
Sep 19
Oct 19
Oct 24
Nov 15
Oct 3
Nov 2
Nov 14
Dec 6
Oct 17
Nov 16
Nov 21
Dec 13
Nov 7
Dec 7
Dec 19
Jan 10 2012
Nov 21
Dec 21
Jan 2 2012
Jan 24 2012
Dec 12
Jan 11 2012
Tue Jan 17 2012
Feb 7 2012
Dec 19
Jan 18 2012
Jan 30 2012
Feb 21 2012
Jan 2 2012
Feb 1 2012
Feb 13 2012
Mar 6 2012
Tue Jan 17 2012
Feb 15 2012
Feb 27 2012
Mar 20 2012
Dates shown in italics are changes due to a County holiday
* The reviewing planner will contact applicant to discuss comments of reviewers and advise that changes that are needed are
significant enough to warrant an additional submittal or advise that the the project is ready for a public hearing. If changes
needed are minor, the planner will advise that the project go to public hearing.
**
Le
g4ad fees must be paid 22 clays in advance of the Planning Commission public hearing An additiohi l_legal ad fee will
r►sed to be paid 22 days in advafice of the Board of $u -pervisors_p -- - - ng. ; If an
applicant decides o go to public hearing against the advice of the reviewing al nner, a recommendation for denial will likely
result. Generally, the applicant will will have only one opportunity to defer the PC public hearing for the project once it has
been advertised for public hearing. Additional deferrals will not be allowed except in 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.
* ** Board of Supervisors' worksessions and public hearings will be scheduled after the Planning Commision's action on
applications.