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Home My WebLink AboutSUB200800287 Legacy Document 2013-02-05 (2)Lrf2C;l1�ZA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 January 28, 2013 Anthony Nichols 605 Fontana Drive Charlottesville, Virginia 22911 RE: SUB2008 -287 Fontana- Phase 4C- Preliminary Subdivision Plat Dear Mr. Nichols: Pursuant to Albemarle County Code § 14- 219(C), the above referenced preliminary subdivision plat has been disapproved. The specific reasons for disapproval are provided with references to specific duly adopted ordinances, regulations or policies, including the application plan approved for ZMA2004 -018 and ZMA2011 -001, and the proffers accepted in conjunction with the approval of these rezoning applications. Required modifications or corrections that will permit approval of the preliminary subdivision plat are included as well. A. Reasons for disapproval Final Grading Plan: A prerequisite to its approval, approval of the Final Grading Plan for Fontana Phase 4C by the County Engineer, has not been obtained. This prerequisite is contained in Proffer 2 to Zoning Map Amendment 2004 - 00018, and it states in part: The Final Grading Plan shall be approved by the County Engineer prior to the approval of the first preliminary subdivision plat. Proffer 2 must be satisfied by obtaining approval of a Final Grading Plan that satisfies the requirements of Proffer 2. A copy of the full text of Proffer 2 is attached hereto for your information. To comply with Proffer #2 a Water Protection Ordinance and Erosion and Sediment Control Plan must be submitted showing the requirements listed in Proffer #2, and approved by the County Engineer. The grading required to be shown on the preliminary plat does not meet the requirements for a Final Grading Plan, as stated above, a Water Protection Ordinance and Erosion and Sediment Control Plan is the requirement for the Final Grading Plan. If you have further questions about the requirements and information to be submitted, please contact Glenn Brooks, the County Engineer. B. For information only: recommendations The following comments and recommendations are provided for information only and are not reasons for disapproval of the preliminary subdivision plat. Zoning recommendation for the sequence of events that need to occur: As stated in Amelia McCulley's email dated January 11, 2013 : On the grading plan and the phase 4C plat, we talked with the Deputy County Attorney about that. 1 wanted to clarify the process and requirements given the proffer. It is a fairly unique proffer. The proffer supersedes the regular Subdivision and Zoning Ordinance requirements. Proffer #8 does not allow submittal of the grading plan (which is application for the e &s permit per the Water Protection Ordinance) prior to completion of the improvements and release of bonds in all the preceding phases. In other words, according to proffer #8, you can't submit the grading plan yet because the improvements are not complete. The way the proffers are structured, it's a domino effect. You can't submit the final grading plan per proffer #8, until the improvements have been completed and bonds released. The relevant proffers are included in an attachment and are #2, 5 and 8 from ZMA 2004 -018. Proffer #10 was revised with ZMA 2011 -01. While proffer #5 is entitled "Pedestrian Paths," it speaks to a requirement prior to issuance of the 9t" building permit and is superseded by the other proffers with triggers which occur first. Reading proffers #2, 8 and 10, here is the recommended order of requirements: i. Owner completes all bonded improvements, including paths, stormwater management and erosion control, in phases 1, 2, 3, 4A and 413. County releases the bonds. ii. Owner submits a final grading plan for phase 4C that meets requirements of proffer #2. This shall only occur after #1 in the preceding (proffer #8). iii. The County Engineer approves the final grading plan (per proffer #2 requirements). iv. County may approve first preliminary plat in phase 4C (proffer #2). V. The County Engineer may issue the grading permit for phase 4C (proffer #10). You may obtain reinstatement of review as provided by Albemarle County Code § 14- 219(C). A reinstatement fee of $520 must be included with the resubmittal of the plat along with the attached revised application submittal form. If a revised plat and fee are not received within 15 days, the plat shall be deemed to be disapproved and a new application and fee shall be required for submittal of the plat. In accord with Albemarle County Code § 14 -226, this decision may be appealed. Please contact me at your earliest convenience if you have any questions or require additional information. Sincerely, Megan Yaniglos, Senior Planner Planning Services File: SUB2008 -287 Cc: Steve Driver COUNTY OF ALBEMARLE Department of Community Development REVISED APPLICATION SUBMITTAL This form must be returned with your revisions to ensure proper tracking and distribution. County staff has indicated below what they think will be required as a resubmission of revisions. If you need to submit additional information please explain on this form for the benefit of the intake staff. All plans must be collated and folded to fit into legal size files, in order to be accepted for submittal. OUT PROJECT NAME: I17N0X Submittal Type Requiring Revisions ) indicates submittal Code County Project Number # Copies Erosion & Sediment Control Plan (E &S) Mitigation Plan (MP) Waiver Request WR Stormwater Management Plan SWMP Road Plan (RP) Private Road Request, with private/public comparison (PRR) Private Road Request — Development Area (PRR -DA) Preliminary Site Plan PSP Final Site Plan (or amendment) (FSP) Final Plat (FP) Preliminary Plat (PP) Easement Plat (EP) Boundary Adjustment Plat (BAP) Rezoning Plan (REZ) Special Use Permit Concept Plan (SP -CP) Reduced Concept Plan (R -CP) Proffers (P) Bond Estimate Request (BER) Draft Groundwater Management Plan (D -GWMP) Final Groundwater Management Plan (F -GWMP) Aquifer Testing Work Plan (ATWP) Groundwater Assessment Report (GWAR) Architectural Review Board (ARB) Other: Please explain (For staff use only) Submittal Code # Copies Distribute To: Submittal Code # Copies Distribute To: