HomeMy WebLinkAboutSP201400013 Review Comments Special Use Permit 2014-10-03� pF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
October 3, 2014
Mr. Thomas S. Weber
1451 Smokehouse Court
Earlysville, VA 22936
RE: SP201400013 /13roadway Street Soccer (Indoor)
Dear Mr. Weber:
Staff has reviewed your initial submittal for an indoor soccer facility.
We have a few questions and comments which are listed below:
Plannine
Initial comments on how your proposal generally relates to the Comprehensive Plan are provided
below. Comments on conformity with the Comprehensive Plan are provided to the Planning
Commission and Board of Supervisors as part of the staff report.
The land use designation for this property is Industrial Service in DA Neighborhood 4. Uses
allowed in this designation include warehousing, light industry, heavy industry, research, office
uses, regional scale research, limited production and marketing activities, supporting commercial,
lodging and conference facilities, and residential (6.01 -34 units /acre).
The primary established uses in the immediate area are industrial type uses. The intent and
character of this area is primarily for industrial uses providing employment opportunities in this
portion of the County. The relatively close proximity of this property to Interstate -64 and to
Downtown Charlottesville makes this a prime location for businesses and industrial uses needing
accessibility to the interstate and the central city.
The proposed indoor soccer facility is considered a commercial recreation establishment or a
commercial use. Commercial uses permitted by right or by special use permit in the Commercial
(C -1), Commercial Office (CO) and Highway Commercial (HC) districts are allowed by special use
permit in industrial districts. We recognize that there are challenges in finding a space that is large
enough to fit a use such as the indoor soccer facility in a commercial district and thus existing
industrial space tends to lend itself to providing appropriate space,for a large indoor recreational
Page I of 4 Revised 4 -25 -11 eke
facility. However, locating a commercial use in the industrial district could potentially be a loss of
inventory for industrial uses that are by -right and can provide employment opportunities through
job creation and bring economic vitality to the area.
While the existing warehouse space and its location would lend itself to the proposed indoor
soccer use, this proposal is not considered a supporting commercial use to the surrounding
industrial uses in the vicinity and as previously mentioned, it could result in the loss of viable
industrial space for an industrial user. It is not anticipated that the proposed use will change the
scale of the building, since no exterior changes are proposed for -the building. The proposed
changes to-the interior of the building for the soccer facility are convertible, so that the space
could be returned.to an industrial use when the soccer facility is no longer.located in the building.
The temporary nature of this use in this location might be appropriate, but more information
should be provided, such as proposed timeframe in the building /property and information -from .
the building owner as to whether this.is something that would be okay, to help staff evaluate this
possibility. The proposed commercial use is not necessarily detrimental to the area, nor will it
necessarily change the character of the area; but the proposed use is not necessarily in harmony
with the district and the potential loss of vital Industrial space is not the intent or goal for this
portion of the County, although the loss could be temporary.
Neighborhood Model
It is our understanding that you are not proposing any physical changes to the exterior of the
existing building or site. The Neighborhood Model analysis was not completed for this project
since this is an existing building and site changes are not proposed.
More detailed comments may be provided after more detailed plans are provided.
The following are additional questions relating to the SP request:
1) What are the proposed hours of operation for this proposed use?
2) How long do you anticipate using a portion of the building for this proposed use?
3) What are the parking needs for the tenant who proposes to use the other portion of the
building?
Make sure Section 26.3 factors (Independent office and general commercial uses; additional
factors when considering special use permits) of Chapter 18 of the Zoning Ordinance are
considered, particularly justification for Section 26.3 (d) and (e) should be given, as it appears the
gross floor area is in excess of the recommended factors. (See Attachment for Section .26.3)
Economic Development
The following comments related -to.economic development have been provided by Susan Stimart:
The current character of this area is primarily industrial. It is being considered by new light
manufacturing industry every day. A soccer program is relatively inconsistent with the-trucks and
activity in the area. This is intended as a place for people-to work, especially the nearby residents
in Woolen Mills. This is a truck corridor, with excellent access to 1 -64; one of our few areas in the
County with industrial zoning in close proximity to 1 -64.
Zonin
The following comments related to zoning matters have been provided by Ron Higgins:
Page 2 of 4 . Revised 4 -25 -11 eke
1) Parking is likely sufficient. However, you should do further analysis of your parking need
coupled with the anticipated needs of the "potential other renter" as it relates to available
parking on the property.
- - - 2) While not required for-this application,- the' property -owner should consider combining the
parcels (40J, 40K & 40L) to avoid future walls crossing property lines.
Engineering and Water Resources
The following comments related to engineering and water resources have been.provided by
Michelle Roberge:
No Objection.
VDOT
Comments from VDOT have not been received. We will send comments upon receipt...
ASCA /RWSA
Comments from ACSA have not been received. We will send comments upon receipt.
The following comments related to water and sewer issues have been provided by Victoria Fort of
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
Building Inspection
The following comments related to building inspections have been provided by Jay Schlothauer:
The building has been reviewed for building code compliance; some modifications are required;
requirements have been communicated to the applicant under separate cover.
Fire - Rescue
The following comments related to fire safety have been provided by Shawn Maddox:
No Objection.
SP Conditions
Per the letter sent to you from Jay Schlothauer, dated September 22, 2014, a condition will be
needed to describe that the special use permit is conditioned on all improvements needed, as
described in Jay's.letter, being completed prior to the release of the Certificate of Occupancy (C /0)
of building.
Additional conditions will be forthcoming and discussed with you.
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.
Page 3 of 4 Revised 4 -25 -11 eke
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:
$110.05 Cost for newspaper advertisement
200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner
after_50 adjoining owners)
$310.05 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.
$110.05 Additional amount due prior to Board of Supervisors public hearing
$420.10 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,
Claudette Grant
Senior Planner, Community Development Department
c: VAS of Virginia, Inc.
enc: Section 26.3 of Zoning Ordinance
Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
Page 4 of 4 Revised 4 -25 -11 eke
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 26
INDUSTRIAL DISTRICTS - GENERALLY
Sections:
26.1 INTENT, WHERE PERMITTED
26.2 PERMITTED PRIMARY AND ACCESSORY USES AND STRUCTURES;
PROHIBITED USES AND STRUCTURES
26.3 INDEPENDENT OFFICE AND GENERAL COMMERCIAL USES;
ADDITIONAL FACTORS WHEN CONSIDERING SPECIAL USE PERMITS
26.4 STRUCTURE HEIGHT AND SETBACK
26.5 MINIMUM YARDS
26.6 SITE DEVELOPMENT AND USE
26.1 INTENT, WHERE PERMITTED
Industrial districts are intended to be for the purpose of providing places of employment and strengthening
the local economic base in furtherance of the economic development policy of the comprehensive plan. To
this end, the following shall be encouraged: (i) the establishment and continuation of industrial uses and
their supporting uses in the locations and at the levels of intensity designated for those uses in the
comprehensive plan; (ii) the establishment of new industrial uses that are appropriate for the character of
the industrial districts; and (iii) the enlargement and expansion of existing industrial uses.
Industrial districts are intended to be established in areas having all of the following characteristics: (i) the
area is served by public water and sewer facilities; (ii) the area is served by major highway, rail or air
service, or secondary roads improved to standards approved by the county; and (iii) the area is clearly
demonstrated to be suitable for the intended uses, considering the physical characteristics of the land and
the intended uses and their relationship to surrounding development.
(§ 26.1,12-10-80; Ord. 13-18(l),4-3-13)
26.2 PERMITTED PRIMARY AND ACCESSORY USES AND STRUCTURES; PROHIBITED
USES AND STRUCTURES
(Formerly Application, Repealed 4 -3 -13)
Uses and structures within the industrial districts are permitted as follows:
a. Primary uses and structures. Primary uses and structures within the industrial districts are
permitted by right, by special use permit, and by special exception as provided in the following
table, subject to the applicable requirements of this chapter:
� se (fat. Gay
ManufacturincinAsse
Oro ess g / mbly/Fabrication/Recychng* BR BR BRA` * BR
�� ..
Asphalt mixing plants. N SP N SP
Brick manufacturing, distribution. SP BR SP BR
18 -26 -1
Zoning Supplement #78, 4 -3 -13
ALBEMARLE COUNTY CODE
r.
se
I
fib
1
C
N
SP
Cement, lime gypsum manufacture or processing.
N
SP
Chemical, plastics manufacture or processing.
SP
SP
SP
SP
Dry cleaning plants (reference 5.1.49).
SP
BR
SP
BR
Foundries (reference 5.1.50).
N
SP
N
SP
Inorganic fertilizer manufacture or processing.
N
SP
N
SP
Materials recovery facilities, privately owned and operated.
SP
BR
SP
BR
Organic fertilizer manufacture or processing.
SP
BR
SP
BR
Petroleum, gasoline, natural gas and manufactured gas bulk storage
SP
BR
SP
BR
(reference 5.1.20).
Petroleum refining, including by- products (reference 5.1.20).
N
SP
N
SP
Pulp or paper manufacture or processing.
N
SP
N
SP
Recycling processing center.
SP
BR
SP
BR
Rendering plants (reference 5.1.53).
SP
BR
SP
BR
Sawmills, temporary or permanent; planing mills; wood yards (reference
SP
BR
SP
BR
5.1.15).
Storage! Warehousin / Distribution /fi ransportation*
BR YBR
BR
BRA:
g
x
,,
Airports.
SP
SP
SP
SP
Heavy equipment and heavy vehicle parking and storage yards. _
SP
BR
SP
BR.
Heliports (reference 5.1.01).
SP
SP
SP
SP
Helistops (reference 5.1.01).
SP
SP
SP
SP .
Junk yards (reference 5.1.10).
N
SP
N
SP
Warehouse facilities where there may be the storage of gasoline, kerosene or
other volatile materials, dynamite blasting caps and other explosives,
SP
BR
SP
BR
pesticides and poisons, and other materials which may be hazardous to life
in the event of accident.
Wholesale businesses where there may be the storage of gasoline, kerosene
or other volatile materials, dynamite blasting caps and other explosives,
SP
BR
SP
BR
pesticides and poisons, and other materials which may be hazardous to life
in the event of accident.
aboratories/ Research 'andyDe"elopmentlGxpenimental Test►ng
BR°
BR
BR
BR
� Offices **
r
Independent offices; within structure existing or vested on or before April 3,
BR
BR
BR
BR
2014.
18 -26 -2
Zoning Supplement 478, 4 -3 -13
ALBEMARLE COUNTY CODE
use
MEN
��Y
Gat
Cats
<,a
....,
Independent offices; within structure not established or not vested until after
SP
SP
SP
SP
April 3, 2014.
Independent offices; within expanded portion of structure where expansion
SP
SP
SP
SP
not established or not vested until after April 3, 2014.
Industrial offices.
BR
BR
BR
BR
P ervices, anc3-Telecommumcationst ses7,
Energy and communications transmission facilities (reference 5.1.12).
SP
SP
SP
SP
Fire, ambulance and rescue squad stations (reference 5.1.09).
BR
BR
BR
BR
Personal wireless service facilities, Tier I (reference 5.1.40).
BR
BR
BR
BR
Personal wireless service facilities, Tier II (reference 5.1.40).
BR
BR
BR
BR
Personal wireless service facilities, Tier III (reference 5.1.40).
SP
SP
SP
SP
Public uses (reference 5.1.12).
BR
BR
BR
BR
Stormwater management facilities shown on an approved final site plan or
BR
BR
BR
BR
subdivision plat.
Water, sewer, energy, communications distribution facilities (reference
BR
BR
BR
BR
5.1.12).
Temporary construction headquarters (reference 5.1.18).
BR
BR
BR
BR
Temporary construction storage yards (reference 5.1.18).
BR
BR
BR
BR
Temporary events sponsored by local nonprofit organizations (reference
SP
SP
SP
SP
5.1.27).
Temporary nonresidential mobile homes (reference 5.8).
BR
BR
BR
BR
Co mrnerc1a1Xses **
Uses permitted by right or by special use permit in the Commercial (C -1),
Commercial Office (CO) and Highway Commercial (HC) districts
(collectively, "general commercial uses" as used in section 26.3) not
SP
SP
SP
SP
otherwise expressly authorized by this section either by right or by special
use permit; within structure existing or vested on April 3, 2013.
Farmers' markets conducted in a permanent structure established after May
SP
SP
SP
SP
5, 2010 (reference 5.1.47).
Farmers' markets conducted outdoors or within a temporary or a permanent
BR
BR
BR
BR
structure existing on May 5, 2010 (reference 5.1.47).
Hotels, motels, inns.
SP
SP
SP
SP
Outdoor storage, display and /or sales serving or associated with a permitted
use, other than a residential, agricultural or forestal use, any portion of which
SP
SP
SP
SP
would be visible from a street within the entrance corridor overlay district to
which it is contiguous or from any other street within the entrance corridor
18 -26 -3
Zoning Supplement #78,4-3-13
ALBEMARLE COUNTY CODE
overlay district which is located within five hundred (500) feet; provided
that review shall be limited to determining whether the outdoor storage,
display and /or sales is consistent with the applicable design guidelines.
Subordinate retail sales for any use permitted by right; use does not exceed BR BR BR BR
25% of the gross floor area of the primary industrial use.
Subordinate retail sales for any use permitted by right; use exceeds 25% of SE SE SE SE
the gross floor area of the primary industrial use.
Supporting commercial; use does not exceed 25% of the gross floor area of BR BR BR BR
the freestanding building or multiple buildings on an industrial site.
Supporting commercial; use exceeds 25% of the gross floor area of the SE SE SE SE
freestanding building or multiple buildings on an industrial site.
Parking structures, as part of an occupied structure (reference 4.12, 5.1.41). BR I BR BR BR
Parking structures, stand alone (reference 4.12, 5.1.41). SP SP SP SP
Parking area, stand alone (reference 4.12, 5.1.41). SP SP SP SP
Uses permitted by right in the Light Industry (LI) or Heavy Industry (HI)
districts, not served by public sewer, involving anticipated discharge of SP SP SP SP
sewage other than domestic wastes.
Uses permitted by right in the Light Industry (LI) or Heavy Industry (HI)
districts, not served by public water, involving water consumption exceeding SP 7SPS P S P
four hundred (400) Gallons per site acre per day.
Dwellings and sleeping quarters, on -site (reference 5.1.21). BR I BR BR BR
Fill areas (reference 5.1.28) BR BR BR BR
Waste areas (reference 5.1.28) BR BR BR BR
* Applies to all uses within this use classification, as defined, except for those uses expressly identified in
unshaded text below that use classification.
* *Heading is for organizational purposes only and is not a use classification.
BR: The use is permitted by right.
SP: The use is permitted by special use permit.
SE: The use is permitted by special exception.
N: The use is not permitted.
b. Planned industrial parks and proffered industrial districts approved prior to April 3, 2013.
Within the following planned industrial parks and proffered industrial districts, the uses permitted
by right, by special use permit, and by special exception shall be as follows:
1. Uses in planned industrial parks. The uses permitted by right and by special use permit in
any planned development - industrial park (PD -IP) district approved prior to April 3,
2013, any industrial park approved as a planned development prior to December 10,
18 -26 -4
Zoning Supplement 478, 4 -3 -13
ALBEMARLE COUNTY CODE
- - - - -- - -- - - - - - --
1980, are-those--uses-permitted- by-right- and -by- special use - permit -in- effect -when- the -
zoning map amendment was approved and those uses delineated in subsection (a),
regardless of any election made for a planned development district under subsections
8.5.5.2(a) and (b).
2. Uses in proffered industrial districts. The uses permitted by right and by special use
permit on any site within an industrial district for which proffers either specifying or
prohibiting particular uses were accepted prior to April 3, 2013, are those uses permitted
by right and by special use permit in effect when the zoning map amendment was
approved and those uses delineated in subsection (a), provided that any use not allowed
by right or by special use permit by a proffer shall be prohibited.
3. Certain non - industrial uses in planned industrial parks and proffered industrial districts.
In the. planned industrial parks and proffered industrial districts delineated in subsections
(b)(1) and (2), no supporting retail sales or subordinate commercial use that would
exceed the by right thresholds in subsection (a) shall be expanded without a special
exception as required by subsection (a).
C. Accessory uses and structures. Accessory uses and structures are permitted within each industrial
district, subject to the following:
1. When accessory use is permitted. No accessory use is permitted until the primary use to
which it is accessory has been established.
2. When accessory structure is permitted. No accessory structure is permitted until either
construction of the primary structure or the primary use to which it is accessory has
commenced.
3. Prohibited accessory uses and structures. Parking structures, stand alone parking and
drive - through windows are permitted only as provided in subsection (a) and not
otherwise as accessory uses. The storage of sludge or toxic wastes, or both, is prohibited
as an accessory use; provided that the temporary storage of sludge or toxic wastes
awaiting proper disposal is a permitted accessory use.
d. Prohibited primary uses and structures. The following uses and structures are prohibited as
primary uses within each industrial district:
1. Incinerators. The establishment or use of an incinerator.
2. Manufacture of certain products. The manufacture of acetylene gas, acid, ammonia,
bleaching powder, chlorine, detergent and cleaning preparations made from animal fats,
explosives, fireworks, fish meal, nitrogenous tankage, paints, varnish, shellac that
requires distillation or heating ingredients, vinegar that is not derived from an agricultural
product, phosphates, and turpentine.
3. Sludge. The storage of sludge.
4. Toxic wastes. The disposal or storage of toxic wastes regulated under the federal Toxic
Substances Control Act (15 U.S.C. § 2601 et seg.), provided that placing toxic wastes for
their lawful collection and disposal by a third party is not prohibited.
(§ 26.2, Ord. 13-18(l),4-3-13; § 26.3, 12- 10 -80; 11 -7 -84)
18 -26 -5
Zoning Supplement #78, 4 -3 -13
ALBEMARLE COUNTY CODE
-- - - --- 26.3 -- INDEPENDENT - -OFFICE- AND- GENERAL- -- COMMERCIAL - USES; -- ADDITIONAL - --
FACTORS WHEN CONSIDERING SPECIAL USE PERMITS
In evaluating a request for a special use permit for an independent office or general commercial use as that
use is described in section 26.2, the board shall consider the following factors in addition to those
delineated in section 33.8:
a. The purpose of the industrial district in which the use is proposed.
b. The proposed use and its proposed size should be consistent with the intent of the applicable
industrial district.
C. The use proposed should not be located on the lowest floor of any building having direct exterior
access to the ground surface in order to allow that floor to be used for industrial purposes.
d: The gross floor area of each establishment should not exceed three thousand (3,000) square feet.
e. The aggregate gross floor area of the independent offices or general commercial uses, or both,
should not exceed twenty -four thousand (24,000). square feet and should not exceed twenty -five
(25) percent of the gross floor area of the building.
f. Whether the structure or structure expansion will be constructed to the standards required for
industrial structures, regardless of its intended use.
(§ 26.3, Ord. 13- 18(1), 4 -3 -13)
26.4 STRUCTURE HEIGHT AND SETBACK
(Formerly Standard Ratios, Repealed 4 -3 -13)
The maximum structure height and minimum setback for structures exceeding thirty-five (35) feet in height
in the industrial districts are as follows:
a. Maximum height. Except as otherwise provided in section 4.10, structures may be erected to a
height not to exceed sixty-five (65) feet.
b. Minimum setback. Any structure exceeding thirty-five (35) feet in height shall be set back from
any street right -of -way or residential or agricultural district a distance of not less than two (2) feet
for each one (1) foot of height in excess of thirty-five (35) feet plus the applicable minimum yard.
(§ 26.4, Ord. 13-18(l),4-3-13; § 26.6, 12- 10 -80, 9 -9 -92)
26.5 MINIMUM YARDS
(Formerly Off - Street Parking and Loading Requirements, Repealed 4 -3 -13)
The minimum yard requirements in the industrial districts are as follows:
a. Adjacent to public streets. No portion of any structure, excluding signs, shall be located within
fifty (50) feet of any public street right -of -way. No portion of any off - street parking or loading
space shall be located within ten (10) feet of any public street right -of -way.
b. Adjacent to district other than commercial or industrial district. No portion of any structure,
excluding signs, shall be located within fifty (50) feet of any district other than a commercial or
industrial district and no portion of any off - street parking space shall be located within thirty (30)
feet of any district other than a commercial or industrial district. In the heavy industry (HI)
district, no portion of any structure, excluding signs, shall be located within one hundred (100)
feet of any district other than a commercial or industrial district and no portion of any off - street
18 -26 -6
Zoning Supplement #78, 4 -3 -13
ALBEMARLE COUNTY CODE
- -- - - - - - - — -- -
parking- within thirty 30 feet of any-district other than a commercial or industrial - -
p g rty ( ) - -- _ - -_
district. (Amended 7- 10 -85; 7 -8 -92)
C. Buffer adjacent to district other than commercial. or industrial district. No construction activity,
including grading or clearing vegetation (collectively, "disturbance "), shall occur within thirty
(30) feet of any district other than a commercial or industrial district except in the following
circumstances: (i) adequate landscape screening does not currently exist and disturbance is
necessary to install screening that meets or exceeds the screening requirements in section 32.7.9;
(ii) an arborist or landscape architect certifies that trees in the buffer are dying, diseased or will
constitute a fall hazard and must be removed; (iii) the county engineer determines that disturbance
is necessary in order to address an existing drainage problem; or (iv) disturbance will result in
improved screening through the use of a berm, a retaining wall or similar physical modification or
improvement. When disturbance is allowed under subsection (i), (ii), (iii) or (iv), the developer
shall submit an illustration showing the existing screening without disturbance and the screening
that would be installed after the disturbance, and disturbance shall be allowed only if the screening
installed after the disturbance is equal to or exceeds the screening existing prior to disturbance.
(Amended 9 -9 -92)
d. Special exception to disturb buffer abutting district other than a commercial or industrial district.
The board of supervisors may authorize a disturbance in the buffer required to be maintained
under subsection (c) by special exception. The board shall consider whether disturbance is
necessary or would result in an improved site design, provided that: (i) minimum screening
requirements are met; and (ii) existing landscaping in excess of minimum requirements is
substantially restored. (Added 7- 10 -85)
(§ 26.5, Ord. 13- 18(1), 4 -3 -13; § 26.10, Ord. 09- 18(1), 1- 14 -09; §§ 26.10, 26.10.1, 26.10.2, 26.10.3; 12 -10-
80; 7- 10 -85, 7 -8 -92, 9 -9 -92)
26.6 SITE DEVELOPMENT AND USE
Subject to sections 26.4 and 26.5, each site within an industrial district shall comply with the applicable site
development and use requirements in sections 4, 5 and 32.
(§ 26.6, Ord. 13- 18(1), 4 -3 -13)
26.7 PERFORMANCE STANDARDS
(Repealed 4 -3 -13)
26.8 SIGN REGULATIONS
(Repealed 4 -3 -13)
26.9 MINIMUM LANDSCAPED AREA
(Repealed 4 -3 -13)
26.10 MINIMUM YARD REQUIREMENTS
(Now See 26.5 Minimum Yards)
26.11 UTILITY REQUIREMENTS
(Repealed 4 -3 -13)
26.12 SITE PLANNING- EXTERNAL RELATIONSHIPS
(Repealed 4 -3 -13)
26.12.1 VEHICULAR ACCESS
(Repealed 4 -3 -13)
26.12.2 SCREENING
(Deleted 7- 10 -85)
26.13 BUILDING SEPARATION
(Repealed - 4 -3 -13)
18 -26 -7
Zoning Supplement 478, 4 -3 -13
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 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 _rep_ort -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 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
Each additional resubmittal ....................................... ............................... ........................$500.00
2.
Public utilities; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
...... ............................... 500.00
Each additional resubmittal .......................... ............................... $
3. -Day
care center; application and first resubmission
Fee............................................................................ .....................:......... ......................$1,000.00
........................................... ............................... 500.00
Each additional resubmittal ...................: $
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
Eachadditional resubmittal ....................................... ............................... ........................$500.00
7.
All other special use permits; application and first resubmission
Fee............................................................................................................ .....................$2,000.00a
.
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 ifthe,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
2014 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal Schedule
Written Comments and- Earliest
anning ommission
Public earing
Resubmittal
Dates
Comments to
applicant for
decision on whether
to proceed to Public
Hearing
Request for PC
Public Hearing,
Legal Ad
Payment Due **
Planning Commission
Public Hearing
No sooner than*
COB Auditorium
Monday
Wednesday
Monday
Tuesday
Nov 4 201 13
,. Dec 4x201 >3 „ >,` . ,
,.:'Dec,23, 20'1:<3,
Jan 14
:Nov .18$20,143
z,'," , ec 1.8:x201'3:; A
Jan 06
Jan 28
$Dec2'201,3tiz
, 7 .,Ttie Dec: °31 {7013 x
Jan 06
Jan 28
Dec °136 20183
Jan 15
Feb 03
Feb 25
Jan 06
Feb 05
Feb 10
Mar 04
Tue Jan 21
Feb 19
Feb 24
Mar 18
Feb 03
Mar 05
Mar 10
Apr 01
Tue Feb 18
Mar 19
Mar 31
Apr 22
Mar 03
Apr 02
Apr 14
May 06
Mar 17
Apr 16
Apr 28
May 20
Apr 07
May 07
May 12
Jun 03
Apr 21
May 21
May 26
Jun 17
May 05
Jun 04
Jun 23
Jul 15
May 19
Jun 18
Jun 23
Jul 15
Jun 02
Jul 02
Jul 07
Jul 29
Jun 16
Jul 16
Jul 28
Aug 19
Jul 07
Aug 06
Aug 18
Sep 09
Jul 21
Aug 20
Tue Sep 02
Sep 23
Aug 04
Sep 03
Sep 15
Oct 07
Aug 18
Sep 17
Sep 29
Oct 21
Tue Sep 02
Oct 01
Oct 13
Nov 04
Sep 15
Oct 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_z
Nov 17
Dec 17
Dec 22
3 2®lf5,,-
Dec 01
Dec 31
' =Jan a5 2015 F
" NJan127 2015
Dec 15
,,,, ..JbhA14 20 -15, <<' ..
, F,eb�2,2011, } ¢
W,Ix Feb 24;200150
43Jany0:5 201,5
Feb 4.2Q1f5 . ,
r Mars2 20.115,`
, „rt .. M4rl 24 °201~5
Bold italics = submittal /meeting day is different due to a holiday.
®ates §with shatletl�bacKg,rountl areinot 2014.
2015 dates are tentative.
* 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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FOR OFFICE USE ONLY SP # or ZMA #
Fee Amount $ Date Paid By who?
Receipt # Ck# By:
Resubmittal of information for Special Use Permit or, yM
J�
- -- - - -- Zoning MapAmendment - -
PROJECT NUMBER: 0001 3 PROJECT NAME:
❑ Resubmittal Fee is Required ❑ Per Request Resubmittal Fee is Not Required
clav(de-�e_ C r r -
Community Development Project Coordinator
Pgriature Date
.- T hoyma.s s , boo0e
Name of Applicant Phone Number
Signature
FFF,S
Date
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000
FREE
❑ First resubmission
$500
❑ Each additional resubmission
05"' y. ,y' ,fir ;<ae• .., i�: - ..: - >it� 4 �'�.' _.. * * ..t .:< i ?!1 1 ' �.c¢s 'i cxy�u i } , . >a �xictI
.�.:.i . .h .aC. Y s4
"Y?4i°5m:Fe.?'c ",.,1C '4LA};L.,'�3`J�s ;i aL ^';::'.':.>. j5c i''�°..2� �2 ^F.�.. kYfs -''ia 't.T Wv$
�'.p
Resub ittal fees for original Special Use Permit fee of $2,000
FREE
UY"First resubmission
$1,000
❑ Each additional resubmission
.,; L .'£ >�`r .'� .} ;�d� ` rY 5 }" "`o '> �eli.,P`'rt ie� $ d'CS tk .{,e{ 2"�k L Y frgt" { k(�i �. 't�'^'13�`t k��'�i•� .}�; i.'i+, L�•
t.. �t 5 r`.k k. 4,C ``.'3y $i %st.*� �5''v ,➢ z. >•�"..'°F�.S�i.,+J..hs .�...+^cv.::
YY.0.mF1 } %'3 �. ➢f rKi.'$.'�.e.i':..;
?''g`"{ryh'tsS i?f �yd.FA . „may, e'k S/; >'1t.lS4.S „a',i?
W.
mittal fees for original Zoning Map Amendment fee of $2,500
E
FREE
st resubmission
$1,250
❑ Each additional resubmission
� YSiC, ` 'tA3igt30. "w�.R .S ..
~x, r',... ...... r:Lr
.
Resubmittal fees for original Zoning Map Amendment fee of $3,500
FREE
❑ First resubmission
$1,750
❑ Each additional resubmission
C- R. 1L ?y
G � } �
n PIN
N NO .
El 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 ALBEMARLE/PAYMENT AT COMMUNI'T'Y DEVELUY1 MP'l1 wUiv txx
it Preparing and mailing or delivering up to fifty (50) notices $200 + actual cost of first -class postage
$1.00 for each additional notice + actual
i' Preparing and mailing or delivering each notice after fifty (50) cost of first -class postage
Actual cost
y 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 Page 1 of 1