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HomeMy WebLinkAboutZMA201300014 Review Comments Zoning Map Amendment 2013-10-18�� OF ALg� .1 �IRGINI�r.. County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Amelia McCulley, Zoning Administrator Date: October 18, 2013 Subject: ZMA 2013 — 04 North Pointe Neighborhood Investments I have reviewed the impact of the proposed proffer amendment and recommend denial. I understand the applicant's interest in amending this proffer due to the off -site requirements. However, a Planned Development is expected to have unified control and these proffer obligations were in existence at the time that this property was purchased. If approved and the school must open before the roadway is complete, this proffer amendment will shift the burden for the construction of a segment of roadway serving the proposed school from the developer to the public. I'm not able to identify an offsetting public benefit. In addition to potentially shifting the burden for the cost of the roadway, if the right -of -way is not already dedicated, it could prevent the construction of the roadway necessary to serve the school site. In addition, if the full roadway segment of North Pointe Blvd connecting the phase III northern entrance to the phase 11 middle entrance is not complete when the school is opened, the transportation network that was proposed to accommodate development with the rezoning will not be complete when it was planned. The current 5.3.1 proffer lists three (3) different triggers within c with the earliest as the trigger. One of the triggers is the approval of a plat or plan authorizing 534 of more dwelling units. This amendment proposes eliminating that trigger. Therefore, it is possible that if the subject property develops later and there is significant residential development (in excess of 533 dwelling units) already in existence, this road segment may not be constructed. The transportation planning must have anticipated that this road segment was necessary also based on a level of residential development. Proffer 5.3.1 c (2) has been substantially modified. It no longer requires the owner to submit road plans in advance of road construction. This lack of a milestone prior to construction can further limit the ability to have the reduced road segment timely built. OF AL� �'IRGIN1P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 November 27, 2013 Mr. William N. Shewmake LeClair Ryan Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond, VA 23219 RE: ZMA201300014 —North Pointe Neighborhood Investments Dear Mr. Shewmake: Staff has reviewed your initial submittal requesting to amend approved proffers from ZMA 2000- 00009 on property zoned Planned Development — Mixed Commercial (PD -MC) zoning district. A maximum of 893 units on approximately 269 acres is approved by special use permit at a gross density of 3.31 units /acre. No new dwellings are proposed. We have a few comments which should be addressed 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 designations for this property are Urban Mixed Use (in Destination and Community Centers), Urban Density Residential, Neighborhood Density Residential, Privately Owned Open Space; Environmental Features, and Institutional. Urban Mixed Use (in Destination and Community Centers) — areas are intended to include a balanced mix of retail, residential, commercial, employment, office, institutional, and open space uses. In destination centers the recommended density is 6.01— 60 units per acre, and the recommended density in community centers is 6.01- 34 units per acre; Urban Density Residential — areas are intended for residential uses with density's ranging from 6.01— 34 units /acres. Supporting uses such as religious institutions, schools, commercial, office and service uses that support the neighborhood are also encouraged within this designated area; Neighborhood Density Residential — areas are intended around Centers where residential (3 — 6 units /acre) uses are desired. Supporting uses such as religious institutions, schools and other small -scale non- residential uses are encouraged to locate in nearby Centers so that they are accessible to residents in the surrounding areas; Privately Owned Open Space; include open space owned and managed by private or semi - public entities. These areas consist of recreational and passive open space amenities, and may include floodplains, steep slopes, wetlands and other areas with environmental constraints where construction of buildings is discouraged. Institutional — areas are intended for a variety of civic uses, such as schools, libraries, parks, recreational facilities, water treatment facilities and other similar uses on County -owned properties. The County's Open Space Plan describes major and locally important stream valleys and adjacent critical slopes, perennial streams, and wooded areas in the vicinity of the subject property. Neighborhood Model: The proposed zoning map amendment is to amend existing proffers from ZMA 2000 - 00009. The PD -MC zoning district will remain unchanged, as will the total number of maximum residential units allowed. Since there are no revisions for the approved plan, the Neighborhood Model remains consistent with the approved rezoning (ZMA2000- 00009); therefore, a revised review of the Neighborhood Model was not completed with this request. More detailed comments may be provided after more detailed information is provided. Zoning The following comments related to zoning have been provided by Amelia McCulley: 1. The existing 12 month time period which is maintained in Proffer 5.3 c(2) may be longer than necessary. If a school can be built in less than 12 months, the school may be opened before the improvements must be completed. Engineering and Water Resources Please see the attached comments related to engineering and water resources provided by Glenn Brooks: It is my understanding that Mr. Brooks has briefly discussed the issues described in his comments with you. If you wish to further discuss this, please let us know. If you wish to schedule this for a Planning Commission public hearing, please contact me for the details. 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 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: $205.75 Cost for newspaper advertisement $205.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50 adjoining owners) $410.75 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. $205.75 Additional amount due prior to Board of Supervisors public hearing $616.50 Total amount for all notifications Fees may be 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 C: Neighborhood Investments enc: Action After Receipt of Comments Resubmittal Schedule Resubmittal Form rl: County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Glenn Brooks, County Engineer Date: 21 Oct 2013 Subject: North Point amendment (2MA20130014) This amendment proposes to change the proffer for phase III road construction as it relates to parcel 32- 22k. I have shown the referenced parcel on a detail of my proffer key graphic below. The green lines are showing phase III road construction obligations. 2ii appears to re- proffer (i,fi jii & v) Comments regarding proffer changes; �f IX 1. The elimination of (C)(i), the 533 unit limit, appears to severe the connection to the traffic study and impacts identified with traffic volumes. Also, without sequencing with the other phases, traffic impacts could be significant. 2. The elimination of (C)(ii), the 5 year timeline for improvements, makes it possible that residential units will exist for many years, or indefinitely, without road improvements being built. Traffic impacts could be significant. 3. The elimination of (C)(1)(iv), the construction of North Point Blvd to phase 2 (shown in red above), will potentially remove the connection to the rest of the development and other accesses, which were identified as priorities in previous rezoning and traffic impact reviews. Albemarle County Community Development Engineering Review comments Page 2 of 2 4. The elimination of all road construction and site preparation obligations connected with the school lot in proffer item (C)(2), may necessitate that the county pay for these items with the future school. It may also place the county in the position of seeking off -site easements and permissions from this owner to construct infrastructure. DEPARTMENT OF COMMUNITY DEVELOPMENT ALA A7 �` � � IkGIN1P 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 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 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 ................................... ............................... 500.00 Each additional resubmittal ............................ $ 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 13; 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 Page 3 of 6 Revised 4 -25 -11 eke 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 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 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. N O N O O m c W a W F- i (Q d v Q 7 a (n L O N d CL co 0 O m c �L R d V 3 a. C O y O U a� c c O. 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Receipt # Ck# Bv: Resubmittal of information for Special Use Permit or " J yYli4 h� M Zoning Map Amendment ,,q,r PROJECT NUMBER: ZI'rMAzX/3 -000 I q PROJECT NAME: ❑ Resubmittal Fee is Required ❑ Per Request esubmittaI Fee is Not Required clagk&=', gif Community Development Project Coordinator L6 W11' Signature 6ate W11110m Sh &Qmeiu 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 cost of first -class postage 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 cost of first -class postage Resubmittal fees for original Zoning Map Amendment fee of $3,500 ❑ First resubmission FREE ❑ Each additional resubmission $1,750 ❑ 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 it public body. MAKE CNFCK.q TO COTINTN' OF ALBFMARLE /PAYMENT AT COMMUNITY DEVELOPMENT COUNTER r Preparing and mailing or delivering up to fifty (50) notices $200 + 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 $280 for total of 4 publications) 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 I of I �1RCtN1P County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Glenn Brooks, County Engineer Date: 21 Oct 2013 Subject: North Point amendment (ZMA20130014) This amendment proposes to change the proffer for phase III road construction as it relates to parcel 32- 22k. I have shown the referenced parcel on a detail of my proffer key graphic below. The green lines are showing phase III road construction obligations. 2h appears to te- proffer (iji,iii & v) ix Comments regarding proffer changes; Z 1. The elimination of (C)(i), the 533 unit limit, appears to severe the connection to the traffic study and impacts identified with traffic volumes. Also, without sequencing with the other phases, traffic impacts could be significant. 2. The elimination of (C)(ii), the 5 year timeline for improvements, makes it possible that residential units will exist for many years, or indefinitely, without road improvements being built. Traffic impacts could be significant. 3. The elimination of (C)(1)(iv), the construction of North Point Blvd to phase 2 (shown in red above), will potentially remove the connection to the rest of the development and other accesses, which were identified as priorities in previous rezoning and traffic impact reviews. Albemarle County Community Development Engineering Review comments Page 2 of 2 4. The elimination of all road construction and site preparation obligations connected with the school lot in proffer item (C)(2), may necessitate that the county pay for these items with the future school. It may also place the county in the position of seeking off -site easements and permissions from this owner to construct infrastructure. filc: EI zma201300014 GEB NorthPoint.doc