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. If changes needed are minor, the planner will advise that
the project go to public hearing.
** The lanal ad deadline. is the. lagt data at NNhinh an applicant can decide whothor fn roci ihmit nr gn
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FOA OFFICE USE ONLY SP # or ZAIA #
Fee Amount $ Date Paid BV who?
Receipt # Ck# By:
oe n�
Resubmittal of information for Special Use Permit or `'�y�
Zoning Map Amendment „,�,N,,.
PROJECT NUMBER: ]ZmP ao i a Q Cc -67
PROJECT NAME:
❑ Each additional resubmission $500
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❑ Resubmittal Fee is Required
❑ Per Request
FREE
n Resubmittal Fee is Not Required.
Community Development Project Coordinator
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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
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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
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❑ 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
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