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Home My WebLink AboutSDP200800041 Legacy Document 2009-05-04 (6)AFFIDAVIT DATE: 9/24/08 I, Ana D. Kilmer, Planning Assistants hereby certify that the attached letter was sent on the above date to all persons listed below: (Z) , (signature) State of Virginia City of Charlottesville The foregoing instrument was ACKNOWLEDGED before me by Ana D. Kilmer, Planning Assistant this day 20 a a' . (Signature--o"' Notary (Notary Registration Number »» /,? /o l 7 My commission expires the t� day of 20 I was commissioned notary as (» »Include ONLY if name change after your first notary commission or renewal) Project Name /TMP: Letter to Richard Spurzem, dated 9/23/08. RE: 'SDP- 2008 -00041 North Pointe Preliminary Site Plan last revised May 2, 2008. CWH PROPERTIES LIMITED PARTNERSHIP P 0 BOX 5526 CHARLOTTESVILLE VA, .22905 VIOLET HILL ASSOCIATES C/O GREAT EASTERN MANAGEMENT CO P 0 BOX 5526 CHARLOTTESVILLE VA, 22905 -5526 NEIGHBORHOOD INVESTMENTS - NP LLC P 0 DRAWER R CHARLOTTESVILLE VA, 22903 • COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 September 23, 2008 Mr. Richard Spurzem Neighborhood Investments -NP LLC P.O. Drawer R Charlottesville, VA 22903 Re: SDP - 2008 -00041 North Pointe Preliminary Site Plan - Northwest Residential Area - Preliminary Site Plan last revised May 2, 2008 Dear Mr. Spurzem: We are in receipt of your preliminary site plan for North Pointe — Northwest Residential Area. Based on our review of preliminary site plan SDP - 2008 -00041 (the "Site Plan "), we have determined that the Site Plan does not comply with the approved application plan for ZMA2000 -0009 North Pointe (the "Application Plan ") and SP2002 -00072 Residential Uses at North Pointe. This determination is based on the following: In a planned development such a North Pointe, the application plan is "included as part of the zoning regulations applicable to the planned development." (Albemarle County Code § 18- 8.5.4). Site plans are reviewed for compliance with the approved application plan. (Albemarle County Code § 18- 8.5.5.2(a)) Each use, building and structure, whether primary 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) The "applicable regulations" include not only the proffers but also relevant special use permit conditions. 1. The location of the eastern conservation area is not correctly shown on the site plan and uses and activities are proposed within the conservation area Application plans must show the areas designated as conservation areas. (Albemarle County Code § 18- 8.5.1(d)(1)) The eastern conservation area, whose boundary is identified on the Site Plan as the "east conservation line," is not shown correctly on the Site Plan. Mr. Richard Spurzem September 23, 2008 Page 2 "Conservation areas" are defined in Albemarle County Code § 18 -3.1 to mean: Conservation area: An area identified on a plan submitted for approval which contains cultural assets or natural features such as non -tidal wetlands, floodplain, slopes identified in the open space element of the comprehensive plan, or streams and stream buffers, within which only limited disturbance or development is allowed. Uses allowed in conservation areas include, but are not limited to, utilities, greenways, pedestrian paths, streets, and stormwater management facilities, where, in the opinion of the director of engineering, no other location is reasonably available and when these improvements have the least impact possible on the environmental features of the area. The uses and activities allowed in the eastern conservation area are also subject to Condition 3 of SP- 2002 -072, which is more restrictive than the uses allowed under the definition of "conservation area" in Albemarle County Code § 18 -3.1. Condition 3 states: The conservation areas shown on the Application Plan shall remain undisturbed and shall be protected from development impacts to the satisfaction of the County s program authority for the Water Protection Ordinance (Chapter 17 of the Albemarle County Code) (the "Program Authority "); except that the pedestrian paths shown on the Application Plan may be placed in a conservation area where shown on the Application Plan. Storm drainage outfalls and other pedestrian paths may only be placed in conservation areas if the Program Authority finds that no other location is reasonably available and that the disturbance is necessary for such a proposed use. Notwithstanding the terms of this Condition 3 to the contrary, the Program Authority may approve a utility main within a conservation area, even if it is not shown on the Application Plan, and the Program Authority may approve other disturbances and /or measures as may be appropriate in the Program Authority's discretion to further protect ac conservation area. As shown on the Application Plan, the eastern conservation area begins at the top of the slope where critical slopes begin. When overlaying Sheet C -9 on Sheet C -7 of the Site Plan, one can see where the top of the critical slopes begins. Sheet C -9 of the Site Plan shows development on lands within the eastern conservation area shown on the Application Plan. The overlay exhibit you provided to demonstrate that the slopes shown on the Site Plan are preserved as shown on the Application Plan do not reflect the same scale. A large portion of critical slopes within the eastern conservation area would be disturbed by proposed grading and the construction of building and parking areas comprised of retaining walls, buildings, travelways and other improvements. The Application Plan Mr. Richard Spurzem September 23, 2008 Page 3 and Condition 3 of SP- 2002 -072 do not allow these improvements in the eastern conservation area. Neither the boundary of the eastern conservation area as shown on the Application Plan nor Condition 3 of SP- 2002 -072 can be varied under Albemarle County Code § 18- 8.5.5.3. 2. Buildings and parking areas not in conservation areas When buildings and uses are shown on an application plan, changes in their arrangement are permitted only if a variation is granted under Albemarle County Code § 18- 8.5.5.3(a)(2). The location, number, design, layout and orientation of buildings and parking areas not in conservation areas do not comply with the Application Plan for the following reasons: A. Buildings and parking areas are shown on the Site Plan in an area adjacent to SWM Facility #10 where the Application Plan shows no buildings or parking. B. The number, design, and layout of the buildings shown on the Site Plan near SWM Facility #10 result in proposed stormwater facilities which will require construction of steep slopes inside the basins and cause parking lots near the basins to have 10 foot retaining walls. Although details of the stormwater facilities were not required on the application plan, the proposed grading and stormwater management uses shown on the Site Plan do not comply with the Application Plan. C. - Unit orientation towards Northwest Passage is different than shown on the Application Plan on both the western and eastern side of Northwest Passage. Units were not shown along the street on the western side of Northwest Passage on the Application Plan. This feature does not comply with the Application Plan. D. Units on the western side of Northwest Passage are shown on the Site Plan in areas where no development was shown on the Application Plan. The number, design, and layout of these buildings cause the need for a stormwater management facility west of the easement for the Korean Church that requires construction of steep slopes inside the basins. This area is in the Entrance Corridor and if a basin had been anticipated at this location, commitments would have been made for review of the basin by the Architectural Review Board as they were for all other basins visible from the Entrance Corridor. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2- 2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. Mr. Richard Spurzem September 23, 2008 Page 4 Ifyou have any questions, please do not hesitate to contact us. Sincerely, 3�9 0" L Amelia G. McCulley, A.I.C.P. Zoning Administrator V V - Wa nber Y g Director of Planning Cc: [Owners of all parcels within North Pointe PD]