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HomeMy WebLinkAboutSP201300001 Executive Summary 2013-10-23COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP201300001, Riverside Village SUBJECT /PROPOSAL /REQUEST: Public hearing to review a request for a special use permit under Sections 30.3.05.2.1(2), 30.3.05.2.2(1), and 30.3.05.2.2(3) of the zoning ordinance for fill of land in floodplain. This proposal is associated with rezoning application- ZMA201200002,which is a request to rezone property from R -1, residential zoning district to NMD, Neighborhood Model zoning district (maximum number of residential units proposed is 69. Five (5) buildings proposed with a mix of residential and up to 46,000 square feet of commercial uses). STAFF: Claudette Grant AGENDA DATE: October 22, 2013 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES BACKGROUND: On July 30, 2013, the Planning Commission held a public hearing for the Riverside Village rezoning and special use permit requests (ZMA201200002 and SP201300001). ZMA 2012 -00002 was recommended for approval by a vote of 5:2 with waivers and revisions to the application plan, code of development and proffers for reasons cited in the staff report (executive summary) for approval. SP 2013 -00001 was also recommended for approval by a vote of 5:2. After the public hearing on July 30, 2013, the applicant made staff aware that a small portion of land that was part of the request was on a parcel that was not included in the original special use permit application, and that portion of land was not owned by the applicant. Although the adjacent property was reviewed as part of the fill in the flood plain area, the property boundary was not clearly delineated. As a result, this adjacent parcel was not formally included in the original SP application and subsequent legal notifications for the July 30, 2013 public hearing did not correctly identify all of the properties subject to the SP request. Therefore, the Planning Commission will need to hold a properly noticed public hearing on SP20130001. There were no errors related to the ZMA application and that request was properly before the Planning Commission for action. STRATEGIC PLAN: Goal 2: Provide community facilities that meet existing and future needs. Goal 5: Ensure the health and safety of the community. DISCUSSION: The SP application has been properly updated and signed to include all properties affected by the proposal. The legal advertisement and adjacent owner notifications now reflect the corrected SP application /subject properties. There has been no substantive change to the proposal since the Commission's previous action. The attached Executive Summary and Staff Report from the previous Planning Commission public hearing provide the background and analysis of the this proposal. The applicant has provided the information needed to rectify the addition of the adjacent property to the original SP request and the application is properly before the Commission for review and action. ZMA 201200002 and SP 201300001 PC October 22, 2013 Executive Summary Page 1 RECOMMENDATIONS: Staff recommends that the Planning Commission recommended approval of SP201300001, Riverside Village. PLANNING COMMISSION MOTION — Special Use Permit: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP 2013 - 00001, Riverside Village with reason(s) for approval (based on previous July 30, 2013 approval). B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP 2013 - 00001, Riverside Village with reason(s) for denial. ATTACHMENTS: Attached Planning Commission Executive Summary, dated July 30, 2013 which includes the April 9, 2013 Staff Report. Attachment A — July 30, 2013 Executive Summary Attachment B — July 30, 2013 Planning Commission Minutes Attachment C - Proposed location of development and fill on site Attachment D — Tax Map ZMA 201200002 and SP 201300001 PC October 22, 2013 Executive Summary Page 2