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HomeMy WebLinkAboutZMA201200007 Review Comments Zoning Map Amendment 2012-11-30COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 November 29, 2012 Mr. Katurah Roell 2811 Hydraulic Road. Charlottesville, VA 22901 RE: ZMA201200007 — 5th Street Commercial Dear Mr. Roell: Staff has reviewed your initial submittal requesting to amend proffers and application plan of ZMA199900013 for approximately 3.6 acres on property zoned HC — Highway Commercial. There are no zoning changes and no dwellings proposed. We have a number of questions and comments which we believe should be resolved before your proposal goes to public hearing. We would be glad to meet with you to discuss these issues. Our comments are provided below: Initial comments on how your proposal generally relates to the Comprehensive Plan are provided below. Comments on conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of the staff report. COMPREHENSIVE PLAN The land use designation for this property is Community Service, Parks and Greenways and Regional Service. Community Service — Uses allowed in this designation include community -scale commercial, professional, and office uses providing retail, wholesale, business, medical offices, small office buildings, mixed-use core communities and/or employment services to the Development Areas and larger geographic sections of the County. Parks and Greenways — Uses allowed within this designation include public and private parks, and existing and proposed greenways along streams. Regional Service — Uses allowed within this designation include regional -scale commercial, regional malls, medical centers, mixed-use developments, hotel/motel/conference facilities, professional and corporate offices, interstate interchange developments and uses providing retail, wholesale, business, and/or employment services to Albemarle County and the region. The County's Open Space Plan describes major and locally important stream valleys and adjacent critical slopes, perennial streams, buffer areas, wooded areas, 100 year floodplains, and non -tidal wetlands within this area. Neighborhood Model: The proposed zoning map amendment is to amend the proffers and application plan of ZMA199900013 for approximately 3.6 acres on property zoned HC — Highway Commercial. Amending the proffers will provide the applicant some flexibility in regards to the potential uses allowed on the site. However, the applicant is proposing to show no layout for the site, and staff does not recommend this. Given some of the site constraints, it would be most benenficial to provide a proposed layout for the site so that the site is not proposed for development that might be difficult or impossible to develop. Although the approved rezoning was for a commercial development and the proposed development is also for a commercial development, the approved rezoning has an application plan inclusive of a specific layout with proposed buildings. The proposed request asks for building locations to be removed from the plan with no justification for the change. As you are aware, some of the constraints for this site are the flood plain boundaries and buffers located on the property. As a result providing the location of proposed buildings is an important feature. The Neighborhood Model describes the more "urban" form of development desired for the Development Areas. It establishes the 12 Principles for Development that should be adhered to in new development proposals. (listed below) Given that a site plan has been provided with no building or parking locations shown it is not possible for staff to evaluate how the proposal would address some of these principles. Pedestrian Orientation- Proposes a walkable community with sidewalks and paths provided within developments. Since the site plan submitted does not provide any details regarding building, parking locations, and sidewalks staff cannot evaluate the proposal for conformity with this principle. Neighborhood Friendly Streets and Paths- Include streetscape elements such as street trees, and accommodates walkers, bikers, and public transportation so that mobility can be a reality for the elderly, the young, and those with limited access to automobiles. Sidewalks and street trees should be provided on new roads constructed. Transportation Networks and Interconnected Streets- Requires interconnected streets within developments and between developments so that pedestrians can walk easily to many desitnations, traffic has alternative routes, and car trips are reduced in number and length. 2 The site plan provided shows access to the site from the Holiday Inn access. No other details are provided. Parks and Open Space- Makes open space integral to overall design so that residents and workers can walk to a public park, experience preserved natural areas, and enjoy public gathering spaces. The Comprehensive Plan designates a portion of this site for parks and greenways. Mixed Uses- Contains a mixture of residential and non-residential uses so residents have convenient access to work, to services, and to entertainment. Residential uses are not proposed for this site, only commercial uses. This principle is not applicable. Affordablity and Mixture of Housing types- Mixes housing types and markets so that a full range of housing choices is offered within the neighborhood. Housing is not proposed for this site. This principle is not applicable. Site Planning that respects terrain- Adapts development to site terrain so that natural topography can be preserved. Since the site plan submitted does not provide any details regarding building and parking location, staff cannot evaluate the proposal for conformity with this principle. Clear boundaries with the Rural Areas- Maintains a clear boundary between Development Areas and Rural Areas. This principle is not applicable since this property is not adjacent to the rural areas. Neighborhood Centers- Provides for neighborhoods to have a designtated center to bring diverse and continuous activity to a neighborhood. This principle is met with existing and proposed nearby centers. Redevelopment- Emphasizes re -use of sites. Incorporates varying densities and gradually allows for an overall increase in density in the Development Areas to meet the goals of the Comprehensive Plan. This principle is not applicable since the proposal is for newdevelopment. Buildings and Spaces of Human Scale- Keeps buildings and spaces at a human scale so that street views are attractive and pedestrian friendly. Since the site plan submitted does not provide any details regarding building and parking location, staff cannot evaluate the proposal for conformity with this principle. 3 Relegated Parking- Moves off-street parking out of sight and encourages on -street parking. Since the site plan submitted does not provide any details regarding building and parking location, staff cannot evaluate the proposal for conformity with this principle. More detailed comments may be provided after more detailed information is provided. APPLICATION PLAN -DETAILED COMMENTS The general consensus of staff is to recommend that the proposed Application Plan include a conceptual location for buildings. Zoning The following comments related to zoning matters have been provided by Ron Higgins: 1. Do not recommend removing "Hotels, motels and inns" from uses, due to the existing hotel on site. Ensineerin and Water Resources The following comments related to engineering and water resources have been provided by Glenn Brooks: 1. It is not clear what exactly is being requested. Please clarify the request. Are the plat and grading exhibit showing something new? What is the change requested? If it is only the new uses, why are exhibits included? If they are needed, please clarify why, and show the correct 100' stream buffer. Entrance Corridor The following comments related to the Entrance Corridor Guidelines have been provided by Margaret Maliszewski: 1. With this proposal, no information has been provided to indicate how the proposed uses will be structured, oriented or otherwise designed. Consequently, potential impacts on the entrance Corridor cannot be assessed. It is recommended that at least a conceptual site layout be provided for review. VDOT Comments have not been received. Staff will send comments upon receipt. RWSA 1. A flow acceptance is required. RWSA will need to review and approve a sewer flow capacity request from the ACSA prior to final site plan approval. This will not delay approval of the rezoning application. 2. This will require Rivanna Water and Sewer Authority Capacity Certification. ACSA The following comments related to Albemarle County Service Authority (ACSA) have been provided by Alexander Morrison. This relates to the site plan process: 4 1. Final water and sewer construction drawings are required for ACSA review prior to granting construction approval. Proffers The following comments related to proffers: 1. For clarity, the uses in the proffers should be written the same as they are in the Zoning Ordinance. 2. For clarity, you should be clear on what you want regarding Section 22.2.1 in the Zoning Ordinance. Some of the uses you seem to not want in the HC district are allowed with Section 22.2.1. For example, you do not list furniture store as an allowed HC use, but it is an allowed C-1 use, therefore, inclusive of Section 22.2.1. Action after Receipt of Comments After you have read this letter, please take one of the actions identified on "Action After Receipt . of Comment Letter" which is attached. Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule is provided for your convenience. Notification and Advertisement Fees Recently, the Board of Supervisors amended the zoning ordinance to require that applicants pay for the notification costs for public hearings. Prior to scheduling a public hearing with the Planning Commission, payment of the following fees is needed: $228.50 Cost for newspaper advertisement $206.58 Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner after 50 adjoining owners) $435.08 Total amount due prior to Planning Commission public hearing Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board hearing needed. $228.50 Additional amount due prior to Board of Supervisors public hearing $663.58 Total amount for all notifications Fees may be paid in advance. Paymentfor both the Planning Commission and Board of Supervisors public hearings may be paid at the same time. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. 5 Feel free to contact me if you wish to meet or need additional information. My email address is cgrant@albemarle.org. Senior Planner Community Development C: Morris Creek Yacht Club 64 & Fifth, LLC enc: Action After Receipt of Comments Resubmittal Schedule Resubmittal Form 0 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 page of your comment letter with your submittal. The application fee which you paid covers staff review of the initial submittal and one resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee Schedule.) (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 Page I of 6 1Revised 4-25-11 eke 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. Page 2 of 6 Revised 4-25-11 eke FEE SCHEDULE FOR ZONING APPLICATIONS A. For a special use permit: 1. Additional lots under section 10.5.2.1; application and first resubmission Fee.................................................................................................................................$1,000.00 Each additional resubmittal..............................................................................................$500.00 2. Public utilities; application and first resubmission Fee.................................................................................................................................$1,000.00 Each additional resubmittal............................................................ .................................. $500.00 3. -Day care center; application and first resubmission Fee.................................................................................................................................$1,000.00 Each additional resubmittal..............................................................................................$500.00 4. Home occupation Class B; application and first resubmission Fee.................................................................................................................................$1,000.00 Eachadditional resubmittal..............................................................................................$500.00 5. 5. Amend existing special use permit; application and first resubmission Fee.................................................................................................................................$1,000.00 Each additional resubmittal..............................................................................................$500.00 6. Extend existing special use permit; application and first resubmission Fee.................................................................................................................................$1,000.00 Each additional resubmittal..............................................................................................$500.00 7. All other special use permits; application and first resubmission Fee.................................................................................................................................$2,000.00 ....................... Each additional resubmittal.......................................................... ......... $1,000.00 8. Deferral of scheduled public hearing at applicant's request Fee....................................................................................................................................$180.00 B. For amendment to text of zoning ordinance: Fee.........................................................................................................................................$1000.0C C. Amendment to the zoning map: 1. Less than 50 acres; application and first resubmission Fee.................................................................................................................................$2,500.00 2. Less than 50 acres; each additional resubmission Fee..................................................................................................................................)I,LDVMU 3. 50 acres or greater; application and first resubmission Fee..................................................................:..............................................................$3,500.00 4. 50 acres or greater; each additional resubmission Fee.................................................................................................................................$1,750.00 5. Deferral of scheduled public hearing at applicant's request Fee....................................................................................................................................$180.00 D. Board of Zoning Appeals: 1. Request for a variance or sign special use permit Fee....................................................................................................................................$500.00 2. For other appeals to the board of, zoning appeals (including appeals of zoning administrator's decision) — Fee (to be refunded if the decision of the zoning administrator is overturned) .......$240.00 N. Required notice: 1. Preparing and mailing or delivering up to fifty (5 0) notices: Fee'....................................................................................................................................$200.00 plus the actual cost of first class postage 2. Preparing and mailing or delivering, per notice more than fifty (50): Fee........................................................................................................................................$1.00 plus the actual cost of first class postage 3. Published notice: Fee......................................................................................................................................Actual cost Page 3 of 6 Revised 4-25-11 eke 2012 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 Legal Ad Deadline and Decision for Public Hearing ** Planning Commission Public Hearing No sooner than* . Monday Wednesday Monday Tuesday Dec 19 2011 Jan 18 Feb 6. Feb 28 Tue Jan 3 Feb 1 Feb 13 Mar 6 Tue Jan 17 Feb 15 Feb 27 Mar 20 Feb 6 Mar 7 . Mar 12 Apr 3 Tue Feb 21 Mar 21 Apr 2 Apr 24 Mar 5 Apr 4 Apr 16 May 8 Mar 19 Apr 18 Apr 30 May 22 Apr 2 May 2 Ma 14 Jun 5 Apr 16 May 16 May 28 Jun 19 May 7 Jun 6 Jun 25 Jul 17 May 21 Jun 20 Jul 9 Jul 31 Jun 4 Thu Jul 5 Jul 16 Aug 7 Jun 18 Jul 18 Jul 30 Aug 21 Jul 2 Aug 1 Aug 20 Sep 11 Jul 16 Aug 15 Tue Sep 4 Sep 25 Aug 6 Sep 5 Sep 17 Oct 9 Aug 20 Sep 19 Oct 1 Oct 23 Tue Sep 4 Oct 3 Oct 15 Nov 6 Sep 17 Oct 17 Oct 22 Nov 13 Oct 1 Oct 31 Nov 12 Dec 4 Oct 15 Nov 14 Nov 26 Dec 18 Nov 5 Dec 5 Dec 17 Jan 8 2013 Nov 19 Dec 19 Jan 7 2013 Jan 29 2013 Dec 3 Jan 2 2013 Jan 14 2013 Feb 5 2013 Dec 17 Jan 16 2013 Feb 4 2013 Feb 26 2013 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. 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Community Development Project Coordinator I I LSO b') - I' D. k46y-ri h koe 6I Name of Applicant Phone Number Signature FEES Date Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000 ❑ First resubmission FREE ❑ Each additional resubmission $500 �A k .S) �i Y h �' 3i'j i'b `W ,(• "i(.. j Yif a�'i+ Mk h F�.t"Z '` i R� winaY 3i t i ,7 . i51'£ F {."YpT '� N 2 '� 3'3A . ._::..y s `5yy� �' i 3. Resubmittal fees for original Special Use Permit fee of $2,000 ❑ First resubmission FREE ❑ Each additional resubmission $1,000 Resubmittal fees for original Zoning Map Amendment fee of $2,500 First resubmission FREE ❑ Each additional resubmission $1,250 Y Resubmittal fees for original Zoning Map Amendment fee of $3,500 ❑ First resubmission FREE ❑ Each additional resubmission $1,750 4 (� i _ � V 7.'. f .n���S. �`.�`.ivi ii ��t :l+li. .��%wv AS i �. y..>. ..T SFI.��a�., fS. ,.: ��. �N {�.: x.��.� �:. : x ..�. 4.�1 �` � Y.�'x. I 1. ).' iti ��_ vY )t i �4.�ytZ� h t,�• h? �� 1�kS f....3 ❑ Deferral of scheduled public hearing at applicant's request — Add'1 notice fees will be required $180 To be Daid 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 DEVELOPMENT COUNTER i� Preparing and mailing or delivering up to fifty (50) notices $200 + actual cost of first-class postage $1.00 for each additional notice + actual i� Preparing and mailing or delivering each notice after fifty (50) cost of first-class postage i' Legal advertisement (published twice in the newspaper for each public hearing) Actual cost . (minimum of $280 for total of 4publications) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 6/7/2011 Paae 1 of I