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Home My WebLink AboutSDP200800041 Legacy Document 2009-05-04 (5)COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 23 September 2008 Richard T. Spurzem Neighborhood Investments -- NP LI.0 P.O. Drawer R Charlottesville, VA 22903 RE: SDP- 2008 -00041 North Pointe Preliminary Site Plan Dear Mr. Spurzem: Pursuant to Virginia Code § 13.2 -2260 and Albemarle County Code § 18- 32.4.2.6, the above referenced preliminary site plan is disapproved. The specific reasons for disapproval are provided with references to specific duly adopted ordinances, regulations or policies, including the application plan approved for ZMA- 2000 -09, the proffers accepted in conjunction with the approval of ZMA- 2000 -49, and the conditions of SP- 2002 -72 and SP- 2006 -34. Required modifications or corrections that will permit approval of the site plan are included as well. A. Reasons for disapproval 1. Development in the eastern conservation area.. ication plan: The site plan does not comply with the approved application plan for ZMA 2004 -09 because it shows development within the eastern conservation area, whose boundary is identified on the site plan as the 'east conservation line." This item cannot be varied under Albemarle County Code § 18- 8.3.5.3. See the attached determination of the Zoning Administrator and the Director of Planning dated September 23, 2408. To have a site plan that conforms with the application plan, remove the building and parking areas from the eastern conservation area. 2. Development in the eastern conservation area: special use permit condition: The site plan does not comply with Condition 3 of SP- 2002 -72 because it shows building and parking areas within the eastern conservation area. This item cannot be varied under Albemarle County Code § 18- 8.5.5.3. See the attached determination of the Zoning Administrator and the Director of Planning dated September 23, 2008. To comply with Condition 3, remove the building and parking areas from the eastern conservation area, 3. Disturbance in I 04 -near flood plain: proffer and special use cp �rmit: The site plan does not comply with Proffer 4.1 of ZMA- 2044 -049 because it shows land disturbance in the 144 -year flood plain for storm pipes north of proposed SV `M facility # 11. Proffer 4.1 of ZMA- 2400 -009 states in part that the "area of the 140 -year flood plain within the Project shall remain undisturbed except for road crossings, public utility facilities and their crossings, and pedestrian and biking trails, and only to the extent such exceptions are permitted by County ordinances and regulations." In a planned development such a North Pointe, accepted proffers are -included as part of the zoning regulations applicable to the planned development.- (Albemarle County Code § 18- 8.5.4). SP-2006-034 allows disturbance for the grading Northwest Passage and certain utilities. The disturbance for the storm pipes is not a disturbance authorized by SP-2006-034. Each use, building and structure, whether primar-,, or accessory, may -be established only in compliance with all applicable regulations of the zoning district upon which the particular use, building or structure is located. (Albemarle County Code § 18-2.1.1) To comply with Proffer 4.1 . remove the storm pipes from the 100 -near flood plain. 4. Buildini,,s and narkino, areas not in conservation areas: The location, number-, design, layout and orientation of buildings and parking areas not in conservation areas do not comply with the approved application plan for ZMA 2000-09. These buildings and parking areas could be allowed as shown on the site plan only with a variation Linder Albemarle County Code § 18- 8.5.5.3. See the attached determination of the Zoning Administrator dated September 23, 2008. To have a site plan that conforms with the application plan, show the buildings and parking areas not in conservation areas in the location, number, design, layout and orientation shown on the application plan. B. For information only: issues to be addressed as conditions for ff-inal site plan approval and related recommendations The following are provided for information only and are not reasons for disapproval of the preliminary site plan. If and when the preliminary site plan is approved, the following would be conditions for final site plan approval. Related recommendations are also provided. The precise language of these conditions are subject to change when the preliminary site plan is approved. I . Stormwater management: The site plan must provide adequate stormwater management that satisfies Proffer 4.2 ofZMA-2000-009. Stormwater management facilities must capture 80% of total suspended solids, as described in Article 64 of the Practice of Watershed Protection (2000 ed.) published by the Center for Watershed Protection. (References: ZMA-2000-09, Proffer 4.2; Albemarle County Code §§ 17-3,03, 17- 312(c). 17-315(b) and (c). and 18-32.5.6(k).- VSMII 3.06) 1 Transportation: Proffer 5.3.1 ofZMA-2000-09 requires that detailed road plans be submitted for review and approval by VDOT and the County. Under Proffer 5.3.1(c), prior to approval of the final site plan, all associated permits and all associated bonds required for the construction of the road improvements required by Proffer 5.3. 1 (c) must be obtained and provided, and the following improvements must be constructed unless these road improvements have been completed by others, A. U.S. Route 29 Southbound -- construction of left turn lane with taper. B. Northwest Passage from U.S. Route 29 to North Pointe Boulevard. C. U.S. Route 29 Northbound - construction of a right hand turn lane, geometries of which will be Subject to VDOT approval. D. If not already constructed. North Pointe Boulevard between Northside Drive East and Northwest Passage. VDOT notes that all road and road proffer items must be in accordance with the most current street standards, Some previous comments that VDOT provided may require some modifications to the layout of the roads. Any items that are being requested for approval that will not allow adjustments for road design issues should not be approved. 3. Water and sewer: Obtain verification from the Albemarle County Service adequate that a q.ate capability for water and sewer exists to serve the development established by the site plan, (Albemarle County Code § 18-32.7.5.3) 4. Street names: Display the names of all streets shown on the final site plan as required by Albemarle County Code § 7-208 and § 18-32.5.66). Contact the Office of Geographic Data Services in the Department of Community Development at 296 -5832 with a list of road name suggestions for this site plan. There will need to be as many as six (6) road names. "Northwest Passage" should be identified as -Lewis and Clark Drive- as provided in Section 4(k) of the Albemarle County Road Naming and Road Numbering XIanual. S. Certificate ofappropriateness: Obtain approval of certificate of appropriateness as required by Albemarle County Code § 18-30.6. Architectural Review Board applications, checklists, guidelines and schedules are available on line at "Nw.albernarle.or C. For information only recommendations The following comments and recommendations are provided for information only and are not reasons for disapproval of the preliminary site plan. 1. Protecting trees within conservation areas from development outside of conservation areas. It appears the proposed layout may harm trees in conservation areas directly adjacent to proposed retaining walls. The County's engineering staff recommends against the use of retaining walls directly adjacent to conservation areas. 2. Amount of earthwork. The proposed grading layout shows a significant increase in earthwork compared to the application plan. It appears that the grading in the application plan was designed with the existing topography in mind, while the proposed grading plan shows an extravagant amount of earthwork, including large cut and fill areas and the use of tall retaining walls. See the diagrams below. Conservation Application Plan Example Cross-Section (not to scale) 9 Existing Topo ed Topo, Conservation Area (wooded) Proposed Plan Example Cross-Section (not to scale) This disapproval may be appealed as provided in Virginia Code § 15.2-2260 and Albemarle Countx Code § 18-314.2.6. Please contact me at your earliest convenience if you have any questions or require additional information. Sincerely, 14 Gerald Gatobu, Senior Planner Division ot'Zoning & Current Development Department of Community Development FoCIOSUre: Offlicial Determination