HomeMy WebLinkAboutZMA201300007 Review Comments Zoning Map Amendment 2014-04-28�1RctN1P
County of Albemarle
Department of Community Development
Memorandum
To:
Claudette Grant, Senior Planner
From:
Glenn Brooks, County Engineer
Date:
21 Oct 2013
POINTE
Rev. 1: 8/8/2013
DISTRICT
Rev. 1: 28 Apr 2014
Subject:
North Point amendment (ZMA20130014)
Current Comments of 28 Apr 2014;
Q fill in the
AREA I
On the overlay above I have shown some of the road adjustments and connections which have been
discussed in meetings. I have also tried to update the environmental features based on current regulations.
Because of this development's prior zoning approvals, there is always confusion on how much of the new
regulations to incorporate. As you know, this plan is before us partly because the Army Corps and the
Department of Environmental Quality would not approve the previous plans. They had too much stream
I
APPLICATION PLAN
POINTE
IVANNA
DISTRICT
HEMARLE
COUNT/Y, VIRGINIA
�\ /j' Townes
On the overlay above I have shown some of the road adjustments and connections which have been
discussed in meetings. I have also tried to update the environmental features based on current regulations.
Because of this development's prior zoning approvals, there is always confusion on how much of the new
regulations to incorporate. As you know, this plan is before us partly because the Army Corps and the
Department of Environmental Quality would not approve the previous plans. They had too much stream
Albemarle County Community Development
Engineering Review comments
Page 2 of 4
disturbance. Thus we receive a revised concept plan which does a much better job of staying out of stream
channels.
On the graphic above are shown (1) the new steep slopes overlay areas in yellow and green, (2) anticipated
stream buffers beyond what are preliminary described on maps and on previous documents, and (3)
floodplain and floodplain fill areas.
(1) The new steep slopes areas, whether shown as preserved or managed slopes, should all be treated as
managed slope areas if they were previously approved to be disturbed. This means that long runs of slope
will need to be broken up by benches or walls. The applicant should consult the new district regulations in
the zoning ordinance. Of course, the commission or board may decide some preserved slope areas could
be better protected. Examples might be the green preserved areas shown in Area 5 and Area 2.
(2) Some of the smaller streams on the property may be considered perennial, and thus have stream
buffers. The GIS layer from the county is typically inaccurate when it comes to these tributary streams,
because it is based on old USGS maps. I have extended the stream buffer areas where I anticipate streams
are perennial. This is a first take. The stormwater basins in the commercial area and the apartment and
school sites may need to be adjusted so that they do not disturb as much buffer area or floodplain.
(3) The floodplain fill areas anticipated with this plan are shown above in red. Any development in the
floodplain now requires a floodplain development permit. In this case the floodplain fill for the roads
looks extensive, and could perhaps be reduced. Part of this is due to the angle of the road crossing, and
part is due to the height of the fill over the proposed culvert(s).
It is recommended that the county obtain copies of the applicant's DEQ and Army Corps conditional
permits prior to approval. This was not done on the previous approvals, or they expired. Perhaps this will
avoid rework in future, and improve coordination with the county.
Previous Comments on 21 Oct 2013
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 te-proffer
Comments regarding proffer changes;
Albemarle County Community Development
Engineering Review comments
Page 3 of 4
Nort
Vi
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.
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.
Previous comments from County View on 8/8/2013:
Proposed changes to section 4.2: "To the extent feasible" needs to be clarified, limited, or placed at the
discretion of a county official.
It is recommended that the stormwater management and stream corridor plans be revised to reflect current
Albemarle County Community Development
Engineering Review comments
Page 4 of 4
conditions. Most rezoning application plans from this time period are being redesigned to avoid stream
impacts as defined by the Army Corps of Engineers.
h1c: El zma201300014 GGB NorthPointdoc
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
July 24, 2013
Ms. Valerie W. Long
Williams Mullen PC
321 E. Main St., suite 400
Charlottesville, VA 22902
RE: ZMA201300007 — North Pointe Amendment
Dear Ms. Long:
Fax (434) 972-4126
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 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 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 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
Comments have not been received. Staff will send comments upon receipt.
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by Glenn
Brooks:
1. Proposed changes to proffer 4.2: "To the extent feasible needs to be clarified, limited, or
placed at the discretion of a county official.
2. It is recommended that the stormwater management and stream corridor plans be revised -to
reflect current conditions. Most rezoning application plans from this time period are being
redesigned to avoid stream impacts as defined by the Army Corps of Engineers.
Entrance Corridor
�. The following comments related to the Entrance Corridor Guidelines have been provided by
Margaret Maliszewski:
1. Regarding Section 2.2, the added phrase "based on the criteria referenced in this Section .2.2"
should be deleted or, if retained, the following text should be added after it" "and the
Entrance Corridor Design Guidelines".
Proffers
1. Comments regarding the proffers have not been received from Schools and Office of
Facilities Development. Staff will send these comments upon receipt. .
2
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:
$519.35 Cost for newspaper advertisement
$205.00 Cost for notification of adjoining owners (minimum. $200 +actual postage/$1 per owner
after 50 adjoining owners)
$724.35 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.
$285.05 Additional amount due prior to Board of Supervisors public hearing
$1009.40 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 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. My email address is
cgrant@albemarle.org.
Sincerely,
audette Grant
Senior Planner
Community Development
C: North Pointe Charlottesville, LLC
enc: Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
3
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 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 providedby you -
with your initial submittal or resubmittal. Please rememberthat 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
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
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
Eachadditional 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
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
Nov5.201'2., .. Dec 5;:2012
Dec.172012 ..: . '
Jan 8
,..,Nov 1.9201;2. :Dec 1;9.201.2 ` ,
Jan 7
Jan 29
Dec -'3.2012
Jan 2
Jan 7
Jan 29
Jan 16
Feb 4
Feb 26
Jan 07
Feb 5
Feb 11
Mar 5
h Tue Jan23
.._..........
Feb 20
Feb 25
Mar 19
Feb 4
Mar 6
Mar 18
Apr 9
w Feb:Y1,.'9
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
A Tue'3Seps3' , ; °h
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.,
"n",14"20.
Nov 18
Dec 18
Jant6.20.1;4 `.„ ...„ ...Jan 28 1 -14
Dec 2;Jan
1 2014., . , Y," lan, 6.,20'14 , , ;;° �., t ' Jana28.2014,
Dec 16
M, Jan.15°"2014'='' Feb Feb22520t14 ,.;.
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.
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KM, OFFICE USE ONLY SP # or ZAIA #
Fee Amount $ Date Paid By who?
Receipt # C0 By:
Resubmittal of information for Special Use Permit orN`�`"�
Zoning Map Amendment : ' "h�
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PROJECT NUMBER: `7-1YIAZ13Q6CQ-1 PROJECT NAME: Y )oy- ii P61l1-k�&J'e4JdM8411
❑ Resubmittal Fee is Required ❑ Per Request [®' Resubmittal Fee is Not Required
Community Development Project Coordinator Name of Applicant Phone Number
Signature lbate Signature Date
FEES
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000
$200 + actual cost of first-class postage
❑ 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
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Resub 'ttal fees for original Zoning Map Amendment fee of $3,500
First resubmission
FREE
❑ Each additional resubmission
$1,750
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❑ Deferral of scheduled public hearing at applicant's request —Add '1 notice fees will be required
$180
To be paid 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 ALBEMA.RLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER
i> Preparing and mailing or delivering up to fifty (50) notices
$200 + actual cost of first-class postage
> Preparing and mailing or delivering each notice after fifty (50)
$1.00 for each additional notice + actual
cost of first-class postage
A Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(minimum of $280 for total of 4publications)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
6/7/2011 Page I of I
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 28, 2013
Ms. Valerie W. Long
Williams Mullen PC
321 E. Main.St., suite 400
Charlottesville, VA 22902
RE: ZMA201300007 —North Pointe Amendment
Dear Ms. Long:
Staff has reviewed your re -submittal information, dated August 5, 2013.
We have the following comment listed below:
As discussed earlier today in our telephone conversation, please clarify and/or confirm that Great
Eastern Management is responsible for the Phase III Road Improvements. It appears the proffer
language describes this to be the case, but it is unclear and a bit confusing because Neighborhood
Investment Property is described in the proffer (proffer 5.3.1 (c )) Is there a way to make this more
clear?
Action after Receipt of Comment Letter
After you have read this letter, please take the following action below:
(1) Please clarify.the comment listed above and request that a Planning Commission public
hearing date beset, as all outstanding -fees have been paid.
Feel free to contact me if you wish to meet or need additional information. My email address is
cgrant@albemarle.org.
Sincerely,
1 �
Claudette Grant
Senior Planner
Community Development
C: North Pointe Charlottesville, LLC,
1