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Home My WebLink AboutZMA201300002 Review Comments Zoning Map Amendment 2013-04-08AILI �'IRGII�P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4176 April 8, 2013 Mr. Justin Shimp, P.E. Shimp Engineering, P.C. 201 E. Main Street Charlottesville, VA 22902 RE: ZMA201300002- Pantops Corner, Dear Justin: Staff has reviewed your initial submittal to rezone 2.246 acres from R -1 zoning district to HC zoning district. No dwellings are 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: Planning 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. The Pantops Master Plan designates most of this property for urban density residential. A small portion of the property at the northern tip is designated as greenspace. Urban Density Residential areas are intended for densities of 6.01— 34 residential units per acre with support uses and some non - residential uses. Urban Density Residential areas accommodate all dwelling types as well as institutional uses such as places of worship, public and private schools; and early childhood education centers including day care centers and preschools. Urban Density Residential areas accommodate small areas of non - residential land uses on the scale of Neighborhood Service, to serve residential uses. This may include corner stores, less than 4,000 square feet; live /work units above office and /or retail; small office buildings less than 20,000 square feet; and studios /cottage occupations. The small area designated greenspace at the northern tip of the subject property is intended to protect sensitive environmental features including stream buffers, flood plain, and adjacent Page 1 of 5 Revised 4 -25 -11 eke slopes. Typically only passive recreation will occur in these areas or greenway trails. A stream runs at the northern tip of the site. Staff recommends this environmentally sensitive area be protected. Pantops Master Plan recommends the following for land use in this neighborhood in Pantops: *Maintain the residential character of existing neighborhoods. • Allow for Neighborhood Density and Urban Density residential uses with a Neighborhood Service (NS) center. • Protect the rural scenic qualities of Route 20 from the northern edge of the development area south to Elks Drive /Fontana Drive where development along Route 20 should transition to an urban character to the City of Charlottesville. • Preserve stream corridors and flood plain in this neighborhood and allow for pedestrian paths in those areas, where natural features allow. Retain existing amenities and open space within residential developments. As stated throughout this comment letter, the information provided relating to the proposal is very minimal, making it difficult to provide specific comments about the proposal. This property is zoned R -1 and is adjacent to the north to a residential district. While the intent of the Pantops Master Plan is to maintain a residential character in this area, staff believes the proposed HC district does not preclude residential uses, which would be allowed by special use permit. The southern boundary of the subject property is designated commercial mixed use and urban mixed use in the Pantops Master Plan. The area south of the subject property is also zoned HC with a variety of commercial uses in place. A rezoning of this property could be viewed as an extension of the HC property located to the south that fronts on Route 250. Information is provided that shows a proposed interconnected access between this property and the adjacent property. While staff generally agrees with the proposed interconnection, it appears that there will need to be some limitations or restrictions regarding the proposed interconnection as it relates to Route 250, which is a complex road system in terms of the amount of traffic it carries. Staff recommends further detail be provided with regards as to how the interconnected access will work and avoid conflicts on Routes 20 and 250. Staff also recommends that some of the allowed, more intensive uses in the HC district be proffered out; therefore, allowing the proposed rezoning property to be more in keeping with the urban density designation listed in the Pantops Master Plan and with the suggested restrictions a commercial use that appropriately ties in with the adjacent property could be provided. Neighborhood Model: The following describes how the proposed development meets or does not meet the principles of the Neighborhood Model: Pedestrian Orientation —The absence of a plan makes it difficult to know if this principle has been addressed. This is not addressed. Page 2 of 5 Revised 4 -25 -11 eke Neighborhood Friendly Streets and Paths —The absence of a plan makes it difficult to know if this principle has been addressed. This principle is not addressed. Interconnected Streets and Transportation Networks —The two exhibits provided do show an interconnected access. This principle is addressed. ' Parks and Open Space —The absence of a plan makes it difficult to know if this principle has been addressed. This principle is not addressed. Neighborhood Centers —The absence of a plan makes it difficult to know if this principle has been addressed. This principle is not addressed. Buildings and Spaces of Human Scale —The absence of a plan makes it difficult to know if this principle has been addressed. This principle is not addressed. Relegated Parking —The absence of a plan makes it difficult to know if this principle has been addressed. This principle is not addressed. Mixture of Uses —The absence of a plan makes it difficult to know if this principle has been addressed. This principle is not addressed. Mixture of Housing Types and Affordability — The absence of a plan makes it difficult to know if this principle has been addressed. This principle is not addressed. Redevelopment —The absence of a plan makes it difficult to know if this principle is applicable. This principle is not addressed. Site Planning That Respects Terrain —The absence of a plan makes it difficult to know if this principle has been addressed. This principle is not addressed. Clear Boundaries with the Rural Areas — Not Applicable. More detailed comments may be provided after more detailed information is provided. Zoning See Zoning comments near the end of this letter (page 4) in the proffer section. Engineering and Water Resources The following comments related to engineering and water resources have been provided by Glenn Brooks: 1. A traffic study has been provided for the Riverside development proposed across Rt. 20. This study shows significant failures at the 250/20 intersection. Increasing the intensity of development in this area is not recommended until the transportation issues are addressed. At the least, lane improvements are needed on Rt. 20, as this is in the merge area, which could be a safety problem. 2. Without a more specific plan, no more comments could be provided. Page 3 of 5 Revised 4 -25 -11 eke Entrance Corridor The following comments related to the Entrance Corridor Guidelines have been provided by Margaret Maliszewski: 1. It is difficult to determine the impacts of the proposed rezoning on the Entrance Corridors based on the limited information provided. However, it appears that the shape and size of the parcel, combined with the location of the interior road as illustrated, could make it difficult for the applicant to meet the Entrance Corridor guideline that requires buildings to be aligned parallel with the EC street. Meeting this guideline will be a requirement, as will the need for all walls of buildings visible from the ECs to be fully designed elevations. VDOT Comments have not been received. Staff will send comments upon receipt. ACSA /RWSA The following comments related to Albemarle County Service Authority (ACSA) have been provided by Alexander Morrison: 1. ACSA will require 3 copies of the final site plan for construction review. 2. The ACSA has a sewer easement along route 20 from the manhole on TMP 78 -5E to the property line with TMP #78 -58G1. 3. An existing 8" DIP water main is located along route 250 west. Proffers Proffers have not been provided and should be included per staff recommendations. The following comments related to proffers have been provided by Amelia McCulley: There is very limited information to review for this application. 1. Recommend the applicant consider proffering out certain uses that may be inappropriate in this location. 2. Recommend the applicant consider proffering limitation to access, to not include a new entrance onto Route 250; 3. Recommend the applicant consider proffering a buffer for the residential property adjoining to the west. 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. Page 4 of 5 Revised 4 -25 -I1 eke 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: $203.40 Cost for newspaper advertisement $255.38 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50 adjoining owners) $458.78 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. $203.40 Additional amount due prior to Board of Supervisors public hearing $662.18 Total amount for all notifications Fees maybe paid in advance. Payment for both the Planning Commission and Board of Supervisors public hearings may be paid at the some time. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Feel free to contact me if you wish to meet or need additional information. My email address is cgrant @albemarle.org. Sincerely, Claudette Grant Senior Planner Community Development John Leigh Wynne and James B. Wynne 1688 Holcomb Rock Road Lynchburg, VA 24503 enc: Action After Receipt of Comments Resubmittal Schedule Resubmittal Form Page 5 of 5 Revised 4 -25 -11 eke DEPARTMENT OF COMMUNITY DEVELOPMENT AL�L`I? lliC ll�Al" 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 sub= 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 requestingthe deferral. (Indefinite deferral means that you intend to resubmit /request a public hearing beset 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 1 of 6 Revised 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 anytime 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 Remised 9 -2j -11 eke FEE SCHEDULE FOR ZONING APPLICATIONS A. Fora special use permit: ] , Additional lots under section 10.5.2.1; application and first resubmission Fee................................................................................ ............................... ..................9;1,()00.0() 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............................................................................... ..I............................ ...................9;1,()()0.00 Each additional resubmittal ....................................... ......:........................ ........................$500.00 4. Horne occupation Class B; application and first resubmission Fee............................................................................. ............................... ......................$1,000.00 Each additional resubmittal ............. I ........................................................................ .....$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................................................................................... ..........I.................... .......................$1000.00 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............................................................................ ............................... ......................$1,250.00 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 (50) notices: Fee............................................................................. ............................... ........................$200.00 p]us 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 ehe 2013 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 Legal Ad Deadline Planning applicant for decision and Decision for Commission Public on whether to Public Hearing ** Hearing proceed to Public No sooner than* Hearing Monday Wednesday Monday Tuesday Nov 5 2012 Dec 5 2012 Dec 17 2012 Jan 8 Nov 19 2012 Dec 19 2012 Jan 7 Jan 29 Dec 3 2012 Jan 2 Jan 7 Jan 29 Dec 17 2012 Jan 16 Feb 4 Feb 26 Jan 07 Feb 5 Feb 11 Mar 5 Tue Jan 22 Feb 20 Feb 25 Mar 19 Feb 4 Mar 6 Mar 18 Apr 9 Tue Feb 19 Mar 20 Apr 1 Apr 23 Mar 4 Apr 3 Apr 15 May 7 Mar 18 Apr 17 Apr 29 May 21 Apr 1 May 1 May 13 Jun 4 Apr 15 May 15 May 27 Jun 18 May 6 Jun 5 Jun 24 Jul 16 May 20 Jun 19 Jun 24 Jul 16 Jun 3 Jul 03 Jul 8 Jul 30 Jun 17 Jul 17 Jul 29 Aug 20 Jul 1 Jul 31 Aug 19 Sep 10 Jul 15 Aug 14 Aug 19 Sep 10 Aug 5 Sep 4 Sep 16 Oct 8 Aug 19 Sep 18 Sep 30 Oct 22 Tue.-Sep,3.,,1 Oct 2 Oct 21 Nov 12 Sep 16 Oct 16 Oct 28 Nov 19 Oct 7 Nov 6 Nov 18 Dec 10 Oct 21 Nov 20 Nov 25 Dec 17 Nov 4 Dec 4 Dec 23 Jan .-14.2014 -; - ,: Nov 18 Dec 18 Jan 6.2014..: Jan:28.2014;:.: Dec 2 Jan ,1 .2014. Jan 62014 Jan.2820.14;: Dec 16 Jan 1:5.2014 Feb.3 2014 - Feb 25 2014 natal shnwn in italics are chances 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 legal ad deadline is the last date at which an applicant can decide whether to resubmit or go to public hearing. If an applicant decides to go to public hearing against the advice of the reviewing planner, 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. N O N m r O) r O 0) a W F- ¢ F- Z M LU L f4 U .a O n. to L O N .L N Q O 'O L f6 O m , RS N U CL O N N C 0 U n. N a 0 c J O U N O N 7 a U N y O a v a `o m M co M co r0 co M co M a) fn m co a) M co ro co co M co m m co M _0 M L 0- -co O *�- CO In N -co O I� V d '' 7 N O) (D M = r VZ: i5 M D r r O r M - O O r N `- (N Cl) 'P lf7 (p I� I� M O) U� r O T r T r r N N N O m N M M CO cO cO cO fO cO c0 M M M M M M _m M M M M fO f0 M N r I� M 'O' (f7 d' u7 r N O) I M V .�- m N M N M O cO d' M N N N N N N M M V V 'G' LO M M I- CO OD 0) M 6) O r a ro 67 J N N M T M M M M M M M M M M M M M rM M C2 M M M M M m m V r CO M In O � 47 N O I � - N M N N r N r N r N Q N r N N N r N r N N N r N J N N r r N M 0 1-- 1- M m M m O O .\- a d N. M M PO CO (O M N M (O M co M M 10 M M M M M M M M M ro m -co r N N (f7 (O 6J Cl) 1-. M Q U') N m J 1Z N N M (v) rO M M M (2 M M M M M M M M M M M r a d V N M ;3 a) N N N r N i j M M V M In M M I-- r M M M O O T a R d N M M M rM M M N M M M M M M cO M M (p M M M fO (0 M N M M M h 'S M L_0 m Gl N M O- M M t.7 T r ` N\ N Z \ N r M Q N I- r N r r M r m co N N r N a N� N N co 4' V (j 0 N a 0 c J O U N O N 7 a U N y O a v a `o m M M M M M N M M M M M M M M M M M M M M ('7 M M N O L 0- -M M I A V M (O O (O O O Q' O3 N N M r r M M N r N M N„ r r N M d' lf7 CO I� ti tb O) O r O T r T r N N (U U d N' M M M M M M N M M M f2 M M M M r0 M M (1 (2 (2 M iz� 2i �3 N M N N to O V d' r N 0 N N M V d' Lo (n M I- CO 0) M O r 7 a m m N J N. M M PO CO (O M N M (O M co M M 10 M M M M M M M M M -co r N N (f7 (O 6J Cl) 1-. M Q U') N 1Z N N M 'P (n I� I� co M r O r a d f4 I J N M M M rM M M N M M M M M M cO M M (p M M M fO (0 M M M M h 'S M L_0 m Gl N M O- M M t.7 _ r ` N\ N Z \ N r M Q N I- r N r r M r m co N N r N N� N N co 4' V (j 0 0 111,11 Hill a N a 0 c J O U N O N 7 a U N y O a v a `o m FOR OFF1 CE US1_ UNL1' SP # m• G111A # P'ee Amount 5 Date Paid By who? Receipt �! CU By: ter ,,en„ Resubmittal of infOrmation for Special Use Permit or Zoning Map Amendment I1I20JECT NUMBER: 7m4 aDl p( Ooa PROJECT NAME: Anvr__s 6rney' ❑ Resubmittal Tee is Required . ❑ Per Request Itesubnlittal Fee is Not Required Community Development Project Coordinator Name of Applicant Phone Number Signature D to Signature Date FEES Resubmittal fees for Special Use Permit -- original Special Use Permit fee of S1,000 ❑ First resubtission FREE ❑ Each additional resubmission $500 Resubmittal fees for original Special Use Permit fee of 52,000 ❑ First resubmission FREE ❑ Each additional resubmission $1,000 Resubmittal fees for original Zoning Map Amendment fee of 52,500 Fil•st resubmission FREE ❑ Each additional resubmission $1,250 I mittal fees for original Zoning Map Amendment fee of 53,500 rst resubmission FREE ❑ Each additional resubmission $1,750 1'. ❑ Deferral of scheduled public hearing at applicant's request — Add] 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. .vn r1LTr(1Vcrrn (nTINITV nr, e1.RFMAR1.r.. /PA)'MFNT AT C'OMMUNTTY DEVELOPMENT COUNTER Y Preparing and mailing or delivering up to fifq' (50) notices 5200 + actual cost of first -class postage $1.00 for each additional notice+ actual Preparing and mailing or delivering each notice after fifty (50) cost of first -class postage Actual cost Legal advertisement (published twice in the newspaper for each public hearing) (minimum of S280 for total of 4 publications) Count , of Albemarle Department of Community Development , 401 McIntire Road Charlottesville, �7A 22902 � /oice: (434) 296 -5832 Far:: (434) 972 -4126 6/7/2011 Paae 1 of 1