HomeMy WebLinkAboutSP201500003 Review Comments Special Use Permit 2015-03-10•
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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
March 10, 2015
Ms. Valerie Long
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, VA 22902
RE: SP201500003 — North Pointe Middle Entrance Amendment
Dear Ms. Long:
Staff has reviewed your initial submittal requesting to amend conditions of approval for SP2007-
00003 on property zoned Planned Development — Mixed Commercial (PD -MC) zoning district.
We have a few questions and comments which should be addressed before your proposal goes to
public hearing. Our comments are provided below:
Planning
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 designations for this property are Urban Mixed Use (in Destination and Community
Centers), Urban Density Residential, Neighborhood Density Residential, Privately Owned Open
Space; Environmental Features, and Institutional in Hollymead — Places 29.
Urban Mixed Use (in Destination and Community Centers) — areas are intended to include a
balanced mix of retail, residential, commercial, employment, office, institutional, and open space
uses. In destination centers the recommended density is 6.01— 60 units per acre, and the
recommended density in community centers is 6.01- 34 units per acre; Urban Density Residential
— areas are intended for residential uses with density's ranging from 6.01— 34 units /acres.
Supporting uses such as religious institutions, schools, commercial, office and service uses that
support the neighborhood are also encouraged within this designated area; Neighborhood
Density Residential — areas are intended around Centers where residential (3 — 6 units /acre) uses
are desired. Supporting uses such as religious institutions, schools and other small -scale non -
residential uses are encouraged to locate in nearby Centers so that they are accessible to residents
in the surrounding areas; Privately Owned Open Space; include open space owned and managed
by private or semi - public entities. These areas consist of recreational and passive open space
amenities, and may include floodplains, steep slopes, wetlands and other areas with
environmental constraints where construction of buildings is discouraged. Institutional — areas are
intended for a variety of civic uses, such as schools, libraries, parks, recreational facilities, water
treatment facilities and other similar uses on County -owned properties.
In your narrative you describe Northside Drive East as a.road providing access to North Pointe
Boulevard, which is a parallel connector road to Route 29. This road connection is called for in the
Places 29 Master Plan.
Initial comments on how your proposal generally relates to the Comprehensive Plan are provided
below:
Neighborhood Model: The proposed special use permit amendment is primarily to amend
conditions from the approved SP2007- 00003. The design of the proposed bridge crossing /culvert
and flood plain fill are proposed to change for pedestrian safety and improved access. The PD -MC
zoning district will remain unchanged, as will the total number of maximum residential units
allowed and the approved plan. Since the intent of the original SP is still the same, the
Neighborhood Model remains consistent with the approved rezoning /special use permit (SP2007-
00003); therefore, a revised review of the Neighborhood Model was not completed with this
request.
More detailed comments may be provided after more detailed information is provided.
Planning
A clear and concise description of the original proposal compared to the new proposal would be
extremely helpful. In other words what makes this request different from the original request and
what is the purpose for the new request?
Zoning
Comments from Zoning have not been received. We will send. comments upon receipt.
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by Glenn
Brooks: .
• The special use permit application and floodplain development permit for amending the
middle entrance crossing of Flat Branch at the proposed North Point development has
been reviewed. There is not enough information provided to make a full review of the
floodplain impacts and changes to the special use permit.
The following comments and requests for information are provided;
• Please provide a comparison of the approved arch span and the proposed amendment
using box culverts. Show the differences to the stream and to the floodplain, as well as the
hydraulic models.
• Please provide the HEC -RAS analysis on disc. The computer files are needed for adequate
review.
2
• The HEC -RAS model appears to be independently generated. The FEMA model must be
used. Please obtain the FEMA model for Flat Branch, and update the existing model with
the surveyed cross - sections to establish the base flood. Use the existing model to generate
the proposed model.
•. Please provide data to demonstrate compliance with 18- 30.3.13B and 18- 30.3.14. Specify
the floodplain rise, how obstruction or fill is minimized and protected against erosion or
pollution.
• Much of the grading activity shown on the plans is not for the crossing. Please clarify that
this fill area is not part of this permit.
• The plans show only one floodplain line beyond the fill area, implying there is no change.
This is not usually the case in front of a culvert constriction. Please show lines before and
after the proposal, so the changes to the floodplain are clear.
• Condition #1 should be revised to reflect new ordinance requirements. 18- 30.3.13 requires
a Conditional Letter of Map Revision prior to construction. A Letter of Map Amendment or
Revision is required after construction. It is recommended that plan and plat approvals be
conditioned on both these FEMA approvals.
• Please show appropriate transition between the stream channel and the box culverts,
clarifying the length of stream necessary to be disturbed. This will be for comparison with
the arch.
• Conditions 2, 3, 4, and 9 are unnecessary, as these are required by ordinance. As an
example, in condition #9, the county no longer has a Natural Resources Manager position,
and in addition to mitigation and erosion control plans, a VSMP /SWPPP may be required.
• Please provide a copy of the wetland and stream disturbance documentation submitted to
the state. The difference in stream impacts at this crossing is pertinent to the review, as it
appear the prior approval emphasized minimizing impacts to the stream in the use of the
arch.
VDOT
Comments from VDOT are attached.
Architectural Review Board
The following comments related to ARB issues have been provided by Margaret Maliszewski:
• It is difficult to assess the impacts of this proposal without additional information to clarify
the extent of visibility of the crossing and each of its components from the Entrance
Corridor.. Please provide site sections to help clarify visibility. Provide a plan that is more
clear and informative. Show the crossing and identify its components on the plan. Include
the stone walls on the plan. Include more of the surrounding area so that the relationship
of the crossing to Rt. 29 can be better understood. If multiple plans are submitted, provide
them all at the same scale. On the cross - section drawings, be sure all materials are
identified and all areas to be landscaped are identified. Note that the "retaining walls"
mentioned in #11 refer to the "proposed stone walls" illustrated in the cross - section
drawings.
ASCA /RWSA
The following comments related to water and sewer authority issues have been provided by
Victoria Fort:
3
• Capacity issues for sewer that may affect this proposal None Known
• Requires Rivanna Water and Sewer Authority Capacity Certification Yes X No
• Water flow or pressure issues that may affect this proposal None Known
• "Red Flags" regarding service provision. (Use attachments if necessary) None Known
Fire /Rescue
The following comment related to fire - rescue issues have been provided. by Robbie Gilmer:
• No comments or objections.
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.
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.
SP Conditions
Language for the SP conditions will need to be appropriately revised.
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.
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
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:
$165.25 Cost for newspaper advertisement
$200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner
after 50 adjoining owners)
$365.25 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.
$165.25 Additional amount due prior to Board of Supervisors public hearing
$530.50 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.
L,4
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
C:. CWH Properties LP, and Violet Hill Associates, LLC,
North Pointe Charlottesville, LLC,
c/o Great Eastern Management Co.
Attn: David Mitchell
P.O. Box 5526
Charlottesville VA 22905
enc: VDOT Comment Letter
Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
5
DEPARTMENT OF TRANSPORTATION
1601 Orange Road
cutpep t. Virginia 22701
Charles A. Kilpatrick, P.E.,
Commissioner
February 24, 2015
Ms. Claudette Grant
Senior Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Re: SP- 2015 -00003 North Pointe Middle Entrance Amendment
Dear Ms. Grant:
We have.reviewed the.amendment to..the,special.use.permit for Ahe. middle- entrance
..of.the_..
proposed North Pointe development and offer the following comments:
1. It is our understanding that the purpose of this special use permit amendment is to revise
the current condition to the existing special use permit that an arch culvert would be
provided for to accommodate the natural stream channel crossing as well as a pedestrian
crossing of the proposed road at the middle entrance to the development. The revision
would be to provide a double box culvert for the stream crossing and a separate box
culvert at a higher elevation for the pedestrian crossing.
2. Generally, we do not object to this proposed amendment to the special use permit
provided that an adequate design for each of the box culverts is provided. This may be
addressed during the construction plan review process.
If you need additional information concerning this project, please do not hesitate to contact me at
(434) 422 -9782.
Sincerely,
ri
Troy Austin, F.E.
Area Land Use Engineer
Culpeper District
WE KEEP VIRGINIA MOVING
DEPARTMENT OF COMMUNITY DEVELOPMENT
pt ALg� ,
� �'IxcINtP
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 report 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 anytime 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 Remised 4 -25 -11 eke
FEE SCHEDULE FOR ZONING APPLICATIONS
A. For a special use permit:
1. A
Additional lots under section 10.5.2.1; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
2. P
Public utilities; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
3. -
-Day care center; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
4. H
Home occupation Class B; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
5. 5
5. Amend existing special use permit; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ..:.....................$500.00
6. E
Extend existing special use permit; application and first resubmission
Fee............................................................................. ............................... ......................$1,000.00
Each additional resubmittal ................ $
$
7. A
All other special use permits; application and first resubmission
Fee............................................................................ ............................... ......................$2,000.00
Each additional resubmittal ........................................................... ............................... $
$1,000.00
8. D
Deferral of scheduled public hearing at applicant's request
F .
ee.......................................................................... .....................
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 if the 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
2015 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal Schedule
Written Comments and Earliest Planning Commission Public Hearing*
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 03
'D e c 03
Dec 22,' ,
Jan 13
Nov 17
= " Dec17
Jan 05
Jan 27
Tue- Dec =30,
Jan 05
Jan 27
Dec,15 '-`.
Jan 14
Feb 02
Feb 24
Jan 05
Feb 04
Feb 09
Mar 03
Tue Jan 20
Feb 18
Feb 23
Mar 17
Feb 02
Mar 04
Mar 16
Apr 07
Tue Feb 17
Mar 18
Mar 30
Apr 21
Mar 02
Apr 01
Apr 13
May 05
Mar 16
Apr 15
Apr 27
May 19
Apr 06
May 06
May 11
Jun 02
Apr 20
May 20
May 25
Jun 16
May 04
Jun 03
Jun 22
Jul 14
May 18
Jun 17
Jun 22
Jul 14
Jun 01
Jul 01
Jul 06
Jul 28
Jun 15
Jul 15
Jul 27
Aug 18
Jul 06
Aug 05
Aug 10
Sep 01
Jul 20
Aug 19
Tue Sep 01
Sep 22
Aug 03
Sep 02
Sep 14
Oct 06
Aug 17
Sep 16
Sep 28
Oct 20
Tue Sep 01
Sep 30
Oct 19
Nov 10
Sep 14
Oct 14
Oct 26
Nov 17
Oct 05
Nov 04
Nov 16
Dec 08
Oct 19
Nov 18
Nov 23
Dec 15
Nov 02
Dec 02
Dec 21
aJan 1,22016 ;
Nov 16
Dec 16
Dec 21
Dec 07
Jan 06
an 11; 20161:;
Feb:022016
Dec 21
'. Jan' 20>20.16,. , _.
Feb.0:1' 2016, =
F..eb.23;201.6„
Jan:ti0420 <1'6
:; ,' Feb03:2016t;,.
; Feb'08 2016;
; ` ; - +Mar 0,1.201.6
Bold italics = submittal/meeting day is different due to a holiday,
Dates.with;shaded,backgro,'und -are not:•2015 t..,
2016 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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11 Jli UPNUL UJL' UJNLV or H or L1YJA 8
Fee Amount $ Date Paid By who?
Receipt tl Ckdl By:
Resubmittal of information for Special Use Permit or
Zoning Map Amendment
PROJECT NUMBER: S,N0Ii�- -0()fO� PROJECT NAME:
❑ Resubmittal Fee is Required ❑ Per Request
a Vd&kl 9r_a4
Community Development Project Coordinator Name of Applicant
ei-a
')
Signature )ate Signature
FEES
mot A1.uC�,
' � fRC;1NL!'
2' Resubmittal Fee is Not Required
Phone Number
Date
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000
• First resubmission
FREE
• Each additional resubmission
$500
f�
1'.' Y �!�, ,.;�. .. ,:.. if h .:'�: •. �.i... .. i:: 5.. r�.. §... \.,. .. .i:. .x... F?.i Y,.C. ;< SYX ,. ., Jan ..::. SSj. Y..f�t n..�.�i^ �Y'�'��.:..� .', f... .<.:.. +lL..r... .�:Y� L..'
Resub ' tal fees for original Special Use Permit fee of $2,000
First resubmission
FREE
❑ Each additional resubmission
$1,000
Resubmittal fees for original Zoning Map Amendment fee of $2,500
❑ First resubmission
FREE
❑ Each additional resubmission
$1,250
;t xa
Resubmittal fees for original Zoning Map Amendment fee of $3;500
❑ First resubmission
FREE
❑ Each additional resubmission
$1,750
❑ Deferral of scheduled public hearing at applicant's request — Add'1 notice fees will be required
$180
To be Daid 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 COMMUNITY DEVELOPMENT COUNTER
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
i' Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(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 Paae 1 of 1