HomeMy WebLinkAboutSP201400012 Review Comments Special Use Permit 2014-06-06COUNTY OF ALSEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
June 6, 2014
David Mitchell
2619 Hydraulic Rd
Charlottesville, VA 22901
dmitchell @gemc.com
RE: SP 2014 -00012 Westgate /Barclay
Dear Mr. Mitchell:
Staff has reviewed your initial submittal for the above referenced application for the
amendment to the conditions of previously approved special use permit SP1994 -18. We have a
few comments regarding your proposal which are listed below.
Planning
Initial comments on how your proposal generally relates to the Comprehensive Plan and
Neighborhood Model are provided below. Comments on conformity with the Comprehensive
Plan and Neighborhood Model are provided to the Planning Commission and Board of
Supervisors as part of the staff report.
Comprehensive Plan:,
The relocation of existing office space does not impact the overall use and character of
the site. This use is in conformity with the recommended land use of the Places29
Master Plan of Urban Density Residential, which calls for multifamily and single - family
residential with a desired density.between 6.01 and 34 units per acre. Secondary uses
desired within Urban Density Residential include retail, commercial, and office uses that
support-the neighborhood.
Neighborhood Model:
The apartment complex was constructed prior to the establishment of the
Neighborhood Model and-the limited scope of the proposed amendment does not
warrant full consideration of the Neighborhood Model Principles. Existing Neighborhood
Model principles on site such as Mixture of Housing Types and Affordability and
Pedestrian Orientation are not expected to be impacted by the proposed office
relocation.
The principle of relegated parking is not fully addressed by the office relocation. The
proposed office will use a portion of existing parking fronting on Hydraulic Road. Though
this parking area already exists, other options for parking should be considered or
opportunities for screening the parking.
Visibility of parking as well as the principle of Buildings and Space of Human Scale will be
addressed by the required ARB application for the building expansion.
Zoning
The following comments related to zoning matters have been provided by Ron Higgins:
1. Site is in Entrance Corridor overlay district. Building additions will require ARB
approval.
.2. Office space appears to be reduced with parking remaining the same. This should be
verified (total sq. ft. of office use and parking required).
3. Indicate number of dwelling units recovered and the resulting total for the PRD
complex (not to exceed 35 dwelling units /acre).
Entrance Corridor:
The following comments related to the Entrance Corridor Guidelines have been provided by
Margaret Maliszewski:
1. The existing development predates the establishment of the Hydraulic Road
Entrance Corridor. The development does not meet several of the EC guidelines,
including those related to frontage tree spacing and location, and the use of retaining
walls (a-tall concrete retaining wall fronts the corridor along most of the property's
frontage). The mature trees in the development are a positive contribution to the
appearance of the site, but it appears that an addition to #2617 in the location
illustrated will require the removal of at least one of those mature trees. An
alternate location-for the addition that would not eliminate-trees could result in a
more appropriate appearance for the EC and is recommended. Alternatively,
replacement trees could be planted in locations close to the Hydraulic Road frontage
in the general vicinity of the tree to be removed, but planting area appears-to be
limited.
2. ARB review and approval will be required for the addition in-the location. shown.
Compatibility with-the surroundings will be a requirement.
ENGINEERING
The following comments related to engineering matters have been provided by John Anderson:
Engineering does not object to proposal, but notes that Water Protection Ordinance
(WPO) requirements apply since proposal will increase impervious area. Calculation of
pre- and post - development stormwater runoff is required (see AC Code Ch. 17).
Identifying options that meet WPO requirements may be challenging in this instance,
yet possible options include converting existing impermeable areas to a more pervious
state, or utilizing existing SWM facilities if possible.
Please accept notification that approved VSMP plans are requisite to obtain site plan (or
site plan amendment) approval.
VDOT
Comments from Troy Austin of VDOT are attached.
RWSA /ACSA
The following comments were provided by Alex Morrison of ACSA:
All ACSA comments have been addressed by the applicant. The ACSA hereby approves
the plan /document /project described above.
The following comments were provided by Victoria Fort-for the RWSA:
1. Capacity issues for sewer that may affect this proposal. None Known
2. Requires Rivanna Water and Sewer Authority Capacity Certification. Yes X No
3. Water flow or pressure issues that may affect this proposal. None Known
4. "Red Flags" regarding service provision (Use attachments if necessary). None Known
Fire /Rescue
The following comments were provided by Robbie Gilmer:
No Comments or objections.
SP Conditions
The following SP Conditions were approved with SP 94 -18:
1. Use shall be limited to_2619 and 2621 Hydraulic Road plus addition shown on
Attachment C, dated 5 /17/94 and initialed by D.D. F. (copy attached)
-2. Additional shall be of similar fagade to the existing building
3. Use shall be limited to property management service.
At-this point in the review process, we anticipate recommended conditions of approval-for the
Special Use Permit will provide an update of the. previous conditions. Additional information
will be forthcoming regarding SP conditions.
Action after "Receipt of Comments
After you have read this letter, please take one of the actions identified on "Action After
Receipt of Comment Letter" which is attached.
Resubmittal
If you choose to resubmit, please use the attached form. There is no fee for the first
resubmittal. The resubmittal date schedule is provided for your convenience.
Notification and Advertisement Fees
Recently, the Board of Supervisors amended the zoning ordinance to require that applicants
pay for the notification. costs for public hearings. Prior to scheduling a public hearing with the
Planning Commission, payment of the following fees is needed:
• $200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1
per owner after 50 adjoining owners)
• Cost for newspaper advertisement will be forthcoming. Newspaper advertisements are
required for both Planning Commission and Board of Supervisor's public hearing.
Total amount for all notifications will be forthcoming, pending advertising costs from Daily
Progress. 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. I can be reached at
rfalkenstein @albemarle.org or 434 - 296 -5832, ext. 3272.
Sincerely, -
Rachel Falkenstein
Senior Planner
Planning Division
enc: Action After Receipt of Comment Letter
Legal Ad Payments and Public Hearings
Resubmittal Schedule
Resubmittal Form
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 readyto 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 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.
FEE SCHEDULE FOR ZONING APPLICATIONS
A. For a special use permit:
Extend existing special use permit; application and first resubmission
1.
Additional lots under section 10.5.2.1; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Fee............................................................................ ............................... ......................$1,000.00
7.
Each additional resubmittal ....................................... ......... ....................... ........................$500.00
2.
Public utilities; application and first resubmission
Fee............................................................................ ............................... ......................$2,000.00
Fee............................................................................ ............................... ......................$1,000.00
$1,000.00
8.
Each additional resubmittal ....................................... ............................... ........................$500.00
3.
Day care center; application and first resubmission
Fee............................................................................. ............................... ........................$180.00
B. For amendment to text of zoning ordinance:
Fee............................................................................ ............................... ......................$1,000.00
Fee...................................................................................
............................... .......................$1000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
4.
Home occupation Class B; application and first resubmission
Fee:. ...............::........................:................:............... ............................... .............:........$1,000.00
2.
Less than 50 acres; each additional resubmission
Each additional resubmittal ....................................... ............................... ........................$500.00
5.
5. Amend existing special use permit; application and first resubmission
3.
50 acres or greater; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Fee............................................................................ ............................... ......................$3,500.00
Each additional resubmittal ....................................... ............................... ........................$500.00
4.
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
Legal Ad Payments and Public Hearings
Planning Commission Public Hearing Board of Supervisors Public Hearing
Payment Deadline
Legal Ad Run 1
Legal Ad Run 2
PC Date
12/23/13
12/30/13
1/6/14
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Bold Italics denotes a change due to a County holiday
12/10/2013
Payment Deadline
Legal Ad Run 1
Legal Ad Run .2
BOS Date
12/16/13
12/23/13
12/30/13
1/8/14
12/23/13
12/30/13
1/6/14
1/15/14
1/13/14
1/20/14
1/27/14
2/5/14
1120114
1/27/14
2/3/14
2/12/14
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2/24/14
3/5/14
2117114
2/24/14
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3/17/14
3/24/14
4/2/14
3/17/14
3/24/14
3/31/14
4/9/14
4114114
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4/21/14
4/28/14
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2014 Submittal and Review Schedule
Special Use Permits and Zoning Map.Amendments
Resubmittal Schedule
Written Commentsand Earl iest'Plannin.g
Commission
Public Hearing*
Resubmittal
Dates
Comments'to
a.ppli cant. foe
decision on Whether,
to proceed to Public.
Hearing'*
Request -for PC
Public Hearing /:
Ad
Payment Duel;!
Planning 'Commission
Public Hearing
No. sooner than*
COB Auditorium
Monday
Wednesday
Monday.
Tuesday.
NovlaZ013
m Dec 4w2d13 ,
spec 232073.
_.
Jan 14
N60;0 A
wDea'8 w
Jan 06
Jan 28
J D.ec2�2013
due Dec;312Q1<:
Jan 06
Jan 28
06 2013
Jan 15
Feb 03
Feb25
Jan 06
Feb 05
Feb 1.0:
Mar 04
Tue Jan,21
Feb 19
Feb 24.
Mar 1:8
Feb 03
Mar:05
:Mar 10
Apr 01
Tue.Feb 18
Mar 19
Mar 31
Apr22
Mar 03
Apr'02
Apr 14
May 06
Mar 17'
Apr 16
Apr28
May20
Apr07 ...
_ May 07
May 12 .
Jun 03
Apr 21
May 21
May26
Jun 17
May 05
Jun',04
Jun.23
Jul 15
May1:9
Jun 1:8
Jun.23
Jul 15
Jun 02
Ju102
Jul 07
Ju129
Jun 1.6
Jul 16
Jul 28
Aug 1:9
Jul 07
Aug 06
Aug 18
Sep''09
Jul 24
Aug 20
Tue Sep 02
Sep-23
Aug 04
Sep. 03
Sep 15
Oct D7
Aug IS
Se 17
Se 29
Oct 21
Tue Sep 02
:Oct 01
Oct 1.3
Nov: 04
Sep 15>
O.ct 15
Oct':27
Nov 18
Oct 06
Nov::05
Nov 17
Dec 09
Oct 20
Nov 19
Nov 24
Dec 16
Nov 03:
Dec 03
Dec 22
Jan13M201
Nov 17
Dec 17
Dec 22
na1A3215
Dec 01
Dec 31
:lan52:015
, ..M , :Jan272015t
Dec 15
t,Jan,14 °20,1�5Feb,.22015
a,' ",,, ,-'2176b' 24201w5 '.
Jan 05 2'0`5
nFeb 4201'5
,,..,,FFeb 9.201£5
Mar�032015
Bold italics = 'submittal /meetin .da is different due to a ftlida .
2015 dates are tentative.
*The reviewing planner Will contact applicant tddiscuss 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 thatthe project go to publich,earing.
`*'The legal,ad deadline is °the last.date at which arrapplicant can decide;whether to resubmit or go to public hearing. If.
an applicant decidesto.goto.public hearingagainst*e advice of the: reviewing:plannu, a recommendation for denial
will likely result. Generally, the applicant will will have only one opportunity to defer the PC public heanngfor the :project
once it has'been.advertised for public hearing. Additional deferralsmill not be allowed except in extraordinary
circumstances such as.a°major change inthe project' proposal by'the applicant or more issues identified bystaff that
have not`previously been brought to:the applicants attention.
FOR OFFICE USE ONLY SP # or ZMA #
Fee Amount $ Date Paid By who? Receipt # Ck# By:
Resubmittal information for Special Use Permit or sr
Zoning Map Amendment
• ��RGINIP
PROJECT NUMBER: SP X I OW 9 - PROJECT NAME: �S � UXk
LJ
j- - Resubmittal Fee is Required 171. Per Request Resubmittal Fee is Not Required
Community Development Project Coordinator Name of Applicant Phone Number
Signature Date Signature
FEES .
Date
Resubmittal fees for original Special Use Permit fee of $1,000
$200 + actual cost of first -class postage
First resubmission
FREE
r Each additional resubmission
500
p�SS_ e
Resubmittal fees for original Special Use Permit fee of $2,000
j- First resubmission
FREE
F—j Each additional resubmission
$1,000
« ?� b� Y' �,"h q . "wf. wJ1'
k�' ,fit
!`1A+a'•GA����.@ FIN
Resubmittal fees for original Zoning Map Amendment fee of $2,500
r First resubmission
FREE
j Each additional resubmission
$1,250
f.. a wK3 i4 g .5r
.-:... VA` I
. ,. .. ,,, ...
. ,•... .... , .,.t. ,.
Resubmittal fees for original Zoning Map Amendment fee of $3,500
r First resubmission
FREE
j— Each additional resubmission
$1,750
��r � 111 1 4BO4 '
xta ,,:' `� �°N' ''` 9hz ''��..
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Deferral of scheduled public hearing at applicant's request - Add'I notice fees will be required
$180
To be paid after staff review for public notice:
Most applications for Special Use Permits and Zoning Map Amendments 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 Special. Use Permit or Zoning Map Amendment may be heard by the Board of
Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid
before the application is heard by a public body.
MAKE CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER
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
Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost (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 Page 1 of 1