HomeMy WebLinkAboutSP201300010 Review Comments Special Use Permit 2013-05-03Meni 1�.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
May 3, 2013
Jared Christophel
1686 Capri Way
Charlottesville, VA 22911
RE: SP201300010 Regents School of Charlottesville (RSC)
1St Review Comment Letter on Special Use Permit application received March 18, 2013.
Mr. Christophel:
Staff has reviewed your initial submittal for an amendment to an existing Special Use Permit to increase
enrollment for a School of Special Instruction on a Commerically zoned private property initially permitted
through SP201200012. We have a couple 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, if
needed. Our comments are provided below:
Planning; (Christopher Perez)
1. As permitted by SP2012 -12, the approved concept plan for this facility utilizes the area labeled "PE/
Recess Area" which is behind parking area P7 as an outdoor physical education (PE) or recess activity area
for students. At the public hearings for SP2012 -12 the Planning Commission (PC) and the BOS discussed
the issue of the recess area being fenced for safety of the children. Ultimetly the proposal was approved
without fencing, but the issue generated much discussion. Providing fencing around the recess area or on a
portion of the area may help increase the safety of the children participating in recess by further hindering
access to the train tracks at the rear of the property and Broomely Road (Rte 677) at the side property line of
the property.
With the requested increase in students (120 students total) staff believes it may be time to provide fencing
for this area to limit young children's ability to wonder off/ explore the back portion of the property without
adult supervision. Are the applicants willing to include a proposal to fence the recess area? If so, please
include it with the resubmittal and show it on the revised concept plan. With the submittal, include
information on the location of the fencing, fence material and height of fence. Please note, the fencing of this
area will require a site plan amendment to SDP 1992 -52 Christian Aid Mission to allow for the fence to be
constucted. This item appears to be able to be processed as a Letter of Revision (LOR) to the existing site
plan, but the Architechtual Review Board (ARB) may be required to review the proposal if the proposed
fence location is deemed visable from Rte 250 (see ARB initial discussion of this below).
If the applicant does not feel fencing is necessary or beneficial to the project, please explain the reasoning in
the resubmital. This information will be provided to the PCBOS in the staff report.
2. See the Virginia Department of Health comments provided below. These comments are substancial and
should be adequately responded to and resolved before this project moves forward.
Page 1 of 3
Below are additional comments which have been provided from the other Departments which
reviewed the proposal. Please address all the comments mentioned in this letter prior to resubmittal. -
Virginia Department of Health (Josh Kirtley)
1. To increase the number of students, the applicant shall consult with a PE to determine the
capacity of the existing system and determine if it would be suitable for the proposed use.
The PE would need to submit a report to the Health Department which outlines their
findings and justification for the approval. If the existing system needed to be expanded,
then the applicant would need to submit an application along with PE plans to the Health
Department for approval.
Architechtual Review Board (ARE): (Margaret Maliszewski)
1. The application indicates that no changes to the building or the site are proposed. Consequently, no
impacts to the Route 250 Entrance Corridor are anticpated from the proposed use. However, if the school
finds that the installation of a fence is required, and if that fence would be visible from Route 250, then ARB
review and approval would be required. Chain link fence would not likely be approved.
Virginia Department of Transportation (Troy Austin)
VDOT comments will be provided as soon as they are available. VDOT review is escential as their
comments will help staff determine if the existing entrance and turn lanes are adequate for the
proposed increase in student population which will increase traffic to and from the site.
Engineering (Micheal Koslow)
Engineering comments (if any) will be provided as soon as they are available.
of Comments
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. Pleae feel free to contact me if you wish to meet or need additional
information.
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-
$23 8.20 Cost for newspaper advertisement
$205.98 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50
adjoining owners)
$444.18 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.
Page 2 of 3
5 -3 -13
$238.20 Additional amount due prior to Board of Supervisors public hearing
$682.38 Total amount for all notifications Fees nzay be paid in advance. Payment for both the Planning
Commission and Board of Supervisors public hearings nzay 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.
Feel free to contact me if you wish to meet or need additional information at 434.296.5832 ext 3443. My
email address is cberez 2albemarle.org.
Sincerely,
Christopher P. Perez
Senior Planner
Planning Division
enc: Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
Page 3 of 3
5 -3 -13
tion After Receipt of Comments
Kesubmittal Form
DEPARTMENT OF COMMUNITY DEVELOPMENT
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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 resubmittal schedule for 2013
is not complete yet, staff will forward them once they are complete. The remaining 2012 dates
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
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 'orthe 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.
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
Each additional 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...................................................................................
............................... .......................$1000.00
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 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
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
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
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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
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 6 2014
Jan 28 2014
Dec 16
Jan 15 2014
Feb 3 2014
Feb 25 2014
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 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.
FOR OFFICE USE ONLY SP
Fee Amount S Date Paid By who? Receipt 4 Ck# By.
Resubmittal of information for
Use Permit
. pF d1•y1v
Owner /Applicant Miist Read and Sign
I hereby certify that the information provided with this resubmittal is what has been requested from staff
Signature of Owner, Contract Purchaser Date
Print Name
FEES-that may apply:
Daytime phone number of Signatory
❑ Deferral of scheduled public hearine at a -Plicant's request
$180
i.w 'v. tiv..��-3. J "F' man
.., _._ ..�.tr -ti _.. ��...�... nr�tz�'•. .t..,..t. .. .....,.._..�....,. :,c.. mss^ .,.:.
Resubmittal fees for original Special Use Permit fee of $2,000
0 First resubmission
lrEil'
❑ Each additional resubmission (To BE PAID WHEN THE RESUBMISSION IS MADE TO INTAIM, STAFF)
X11000
_
.. .._... , ... �. ,
Fsa r._ �x...N�. : �. _�< Viaa ,3,�r. �nc1 =L'vl . ��•�:7 "5ii:✓d �v '`t. %1f�:�r.Y2.. 'v.,g�'•v. i`c' JAl� i; r '4.4. . ii a �u�' srw".s ^Y_-�`^'•u. "M'.;��Y '1 �••. ��s' � . j>C i.aFt .' L �;x:�: u = i'f','�•fi}�1'1�"} T_ y ,_ t•+i_
Resubmittal fees for original Special Use Permit fee of 81,000
First resubmission
PE
❑ Each additional resubmission (TO BE PAID WHEN THERESUBMISSION IS MADE TO INTAIM STAFF)
S500
To be Baid after staff review for public notice:
Most applications for s Special Use Permit require at least one public hearing by the Planning Commission and one public
hearing by the Board of Supervisors. Virg nia State Code requires that notice for public hearings be made by publishing a
legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for
public notice are required before a Special Use Permit may be heard by the Board of Supervisors. Applications reviewed by
the Board of Zoning Appeals, however, only require one public hearing and therefore require just one fee for public notice.
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. Staff estimates the-total cost of legal advertisement and adjacent owner notification to
be between 5350 and 5450 per hearing. This estimate reflects the average cost of public notice fees for Special Use Permit
applications, but the cost of certain applications mail be hi-'her.
Preparing and mailing or delivering up to f fry (50) notices
$200 + actual cost of nrst -class postage
➢ Preparing and mailing or delivering each notice after furry (50)
51.00 for each additional notice + actual
cost ofizrst -class postage
i Legal advertisement (published twice in the newspaper for each public hearing) I
Actual cost
(averages between 5150 and 5250)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126
Revised 1/1/2011 Page 1 of 1