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Home My WebLink AboutZMA201100004 Correspondence 2011-06-03WILLIAMS MULLEN Direct Dial: 434.951.5709 vlong@williamsmullen.com April 18, 2011 VIA HAND DELIVERY Claudette Grant Albemarle County Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: 2011 Albemarle Place Proffer Amendment Dear Claudette: On behalf of our client Edens & Avant, I have enclosed an application for a very minor amendment to the proffers for the Albemarle Place project (the "Project"). I thought it might be helpful to provide background information to explain the request. I assume this application would be assigned to you since you handled the most recent proffer amendment for the Project. The buildings in Block E are apartments and were originally planned for Phase 2 of the Project. For various reasons, the Owners would like to have the flexibility to construct the Block E buildings either as part of Phase 1, or just after Phase 1 but before the other Phase 2 blocks (F and G) and before the final alignment of the second phase of Albemarle Place Boulevard is in place. Representatives of Edens & Avant have been discussing this proposal at length with Mark Graham and Wayne Cilimberg, and we had a meeting with Mark, Wayne, Amelia McCulley and Gerald Gatobu on this issue several weeks ago. If the Block E buildings are built before the final alignment of the second phase of Albemarle Place Boulevard is in place, the Owners would likely build a temporary road in a slightly different location than as shown on the Application Plan) to provide a connection to the new planned intersection at Albemarle Place Boulevard and U.S. Route 29. Then, when the remainder of Phase 2 is constructed (Blocks F and G), the temporary road would be replaced by the permanent road in the final location shown on the application plan. This proposed amendment to the proffers is contained in paragraph 1B of the proffers, and was worked out with Mark, Wayne, Amelia and Gerald at our recent meeting. One other proposed change, which Amelia suggested, is contained in paragraph 13, and involves the "Super Block" Street Connections. Since the proffer amendment was approved in August, 2010, the Albemarle Place engineers have been working on the revised preliminary site plan for the project with Gerald. As I understand it, it has become clear that one of the future A Professional Corporation NORTH CAROLINA • VIRGINIA • WASHINGTON, D.C. • LONDON 321 East Main St., Suite 400 Charlottesville, VA 22902-3200 Tel: 434.951.5700 Fax: 804.783.6507 or 434.817.0977 www.williamsmtillen.com WILLIAMS MULLEN Claudette Grant April 18, 2011 Page 2 connections will not occur, and that others may never occur as well. As such, Amelia suggested that we delete reference to the connection at Second Street, and that we add a sentence making it clear that the County can permit the locations and numbers of such inter -parcel connections to be modified by the Owner. For your convenience I have included the proposed proffers in both blackline and "clean"/non-blackline formats. I realize this is a bit confusing, particularly when you have not been party to the discussions about this issue. I would be happy to schedule a meeting with you and any other members of the County staff that you think would be helpful, to discuss the reasoning for the proffer change in greater detail and so that we may address any questions you may have about the proposal. Please feel free to contact me at your earliest convenience to discuss this issue. Sincerely, vgtv� to, f_4_�_r Valerie W. Long Enclosures cc: Tom Gallagher, Edens & Avant 14346533_1.DOC Direct Dial: 434.951.5709 vlong@williamsmullen.com 001 WILLIAMS MULLEN June 6, 2011 VIA E-MAIL (Wcilimberggalbemarle. oMg) Wayne Cilimberg Director of Planning Albemarle County Department of Planning and Community Development 401 McIntire Road Charlottesville, VA 22902-4596 Re: ZMA 2011-00004 Dear Wayne, In response to your comment letter of June 3rd, I have revised the proffers associated with ZMA 2011-0004, Albemarle Place Proffer Amendment, and have enclosed the following along with this letter: 1. Completed Resubmittal form 2. Revised proffers dated June 6, 2011 ("clean"/non-Blackline version) 3. Blackline showing only the differences between the April 18th draft and the June 6th draft (reflecting your comments) 4. Blackline showing all proposed revisions (comparing the June 6, 2011 draft to what was approved in August, 2010). Please note that in addition to the three revisions requested by your cover letter, I also corrected a typo in paragraph 2 which referenced the wrong Virginia Code Section. As I mentioned in my voicemail message to you, this was never intended to be changed from the way it was written in the 2003 approved proffers, I believe it was accidently modified when the PDF version of the 2003 proffers was converted to a word file -- we corrected a number of similar errors at the time, but we missed this one. Tom Gallagher of Edens & Avant will be paying the fee for at least the Planning Commission hearing legal ad notices within the coming days. We look forward to scheduling A Profe sional Corporation NORTH CAROLINA • VIRGINIA • WASHINGTON, D.C. • LONDON 321 East Main St., Suite 400 Charlottesville, VA 22902-3200 Tel: 434,951.5700 Fax: 804.420.6507 or 434.817.0977 www.williamsmullen.com WILLIAMS MULLEN Wayne Cilimberg June 6, 2011 Page 2 the Planning Commission public hearing in the coming weeks, and appreciate your assistance. Sincerely, ku'kC& W. Valerie W. Long Enclosures cc: Claudette Grant (with enclosures) Tom Gallagher (with enclosures) 15204346_1 DOC t n COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4176 June 3, 2011 Ms. Valerie Long, Williams Mullen 321 E. Main St. Suite 400 Charlottesville, VA 22902 RE: ZMA2011-00004 Albemarle Place Proffer Amendment Dear Ms. Long: Staff has reviewed your initial submittal for changes to proffers for phasing of development in Block E, to allow a temporary road in lieu of the final Albemarle Place Blvd. as part of this phasing and to remove one inter -parcel street connection to Commonwealth Dr. and allow modification of the location and number of inter -parcel street connections at the consent of the Director of Planning. Staff has no recommended substantive changes to the proffers and recommends only minor wording changes as follows: 1. Change the date and ZMA # at the beginning of the proffers. 2. Change two references in your proposed changes to proffer 1. B. Phase 2. from "acceptable to the County" to "acceptable to Director of Community Development". 3. Change your proposed changes to proffer 13. from "upon the consent of the County Planning Director" to "upon a variation granted by the County Planning Director". Staff is prepared to schedule a public hearing of the Planning Commission upon resubmittal of these recommended changes to the proffers and payment of the fees noted below. 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. Page 1 of 2 Notification and Advertisement Fees Recently, 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: $ 227.50 Cost for newspaper advertisement 245.04 Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner after 50 adjoining owners) $ 472.54 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. $ 227.50 Additional amount due prior to Board of Supervisors public hearing $ 700.04 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. 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 wcilimb@albmarle.org. Sincerely, V. Wa nrilrimberg Y Director of Planning c: Tom Gallagher, Albemarle Place EEAP, LLC enc: Action After Receipt of Comments Resubmittal Schedule Resubmittal Form Page 2 of 2 DEPARTMENT OF COMMUNITY DEVELOPMENT 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 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 any time 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. FEE SCHEDULE FOR ZONING APPLICATIONS A. For a special use permit: 1. Additional lots under section 10.5.2.1; application and first resubmission Fee.................................................................................................................................$1,000.00 Each additional resubmittal..............................................................................................$500.00 2. 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. Home occupation Class B; application and first resubmission Fee.................................................................................................................................$1,000.00 Each additional resubmittal..............................................................................................$500.00 5. 5. Amend existing special use pen -nit; application and first resubmission Fee.................................................................................................................................$1,000.00 Each additional resubmittal..............................................................................................$500.00 6. Extend existing special use permit; application and first resubmission Fee.................................................................................................................................$1,000.00 Each additional resubmittal..............................................................................................$500.00 7. All other special use permits; application and first resubmission Fee.................................................................................................................................$2,000.00 Each additional resubmittal.......................................................................................... $1,000.00 8. Deferral of scheduled public hearing at applicant's request Fee....................................................................................................................................$180.00 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 a. L Q. cn O I ca MO W �L v B 0 a i O .N .E O C ca FL ✓P'PO 0 ..... , 010 V - ` . .• ��N �;� rma gaAo�.i� f%r � ro VN ��i, ��IOlo /lo /% p . • '0,00, 110 0 PON M��IA • • • • %p"J /IJ .• .. • • �� v '01110 Vzo 010 V - ` . .• ��N rma � ro VN ��i, ��IOlo /lo /% p . • '0,00, /IJ "®R v '01110 Eyare-S SPIOW11,111 flaucs. are Changes atle. F.0 a'Gotrilry nolkyay The revievang planner wilt contact applicant -o discuss comments of reviewers and' advise that chan.,ges that are needed are 3igniff,cantenough to warrant an addffonal submittal of advise That. the the project. is reaby for --a. public fteanng- If changes, needed are minor, the planner will'! advise that th e,projact go to, public h1earilig. Legal, ad fees must be ,para 22 days in. advance of the PlanningiCommissfon public hearing— An additional legal .ad fee will need to be paid 22, days in, advance of the Board of Supervisors public hearing- If all -qpplkant d'Ecides to, go to ptd)l[c hearing: against theadVice of the reviewing planner 'a recommendation for denial will likely n result. Geerally, the a,pplicant Will %III have only one opportU nity to defer the PC public hearfng forthe prcject once it Yeas been adveffsed for pulific hearingi-Addifional deferrals %&Fill not Ire allowed'' except in extraordinary circumstances such as a major change In the project proposal, I)y the applicant or more issues Identified! Iqy staff that have not previously been brought to tne applicant's attention... ,*'** Board of Supervisors worksessions and public hearIngs Will be scheduled after the Planning Conimisfon's action on r ,2011 Submittal and 'Review Schedule, Special Use Fermitsand Zoning MAP Amendments Resubmittal Sched'u.11e wrttein ctomments and EarI11,1sst;,P1an,n1n10 CommisstonPublic Hearing* ReSLibmittial Dates I Corm meits to ap plica tit Dedsianfor iPublic for-clacision on: Whethier Hearing & Legal Ad to proceed to Public. Fee Due Hearing * Phan..n[ng Coinrnission PLI'bll]c Hearing No sooner than' Monday Wednesday Mondlay TLIes:day Jan 3 Feb12 Feb 7 Mar I F,--- b 16 Feb 21 10 -ar :15 Feta Mar 9 Mar 14 Apr -5 :2,Z Mal -24 Mar 28 Apr '1119 Mar 7 Apr 6 Apr 18 May'10 Mar 21 Apr 20 May 2 May 24 .Apr 4 Nay 4 May 16 jutn 7 .Apr -18 8 Jun 21: Way 2 Jun 1 Jun 20 All '12 May,113 Jun 15 O� U, 11�1*, All 26 Jun 6 Jut 16 Jull 18 Aug S Jun 20 Jul.20 Aug I Aug 23 Aug 3 Aug 22 Se 13 JU1 18 Aug '17 S Se 27 S )jg 1 Aug 31 Sep '12 Otto ,A,11 g I Sep '14 Se 26 Oct'I:B "Ftrs3;1,11&6"61`- Oct 5 Oct , -10 Nov 'I Sep 19 Cct: 19 Oct 24 Noy 1:5 Clet 3 Noy 2 Noy '14 Dec 6 Oct 17 Nov '11,6 Nov.21 Dec 13 �Nov 7 Dec 7 Dec 19 W 4 Nov ,21 Dec 21 Dec 12 415,OcAl �� , t, A t6 Dec 119 'b 2.QJ r viffll Fool, 1, V, jz - 2, 4 Eyare-S SPIOW11,111 flaucs. are Changes atle. F.0 a'Gotrilry nolkyay The revievang planner wilt contact applicant -o discuss comments of reviewers and' advise that chan.,ges that are needed are 3igniff,cantenough to warrant an addffonal submittal of advise That. the the project. is reaby for --a. public fteanng- If changes, needed are minor, the planner will'! advise that th e,projact go to, public h1earilig. Legal, ad fees must be ,para 22 days in. advance of the PlanningiCommissfon public hearing— An additional legal .ad fee will need to be paid 22, days in, advance of the Board of Supervisors public hearing- If all -qpplkant d'Ecides to, go to ptd)l[c hearing: against theadVice of the reviewing planner 'a recommendation for denial will likely n result. Geerally, the a,pplicant Will %III have only one opportU nity to defer the PC public hearfng forthe prcject once it Yeas been adveffsed for pulific hearingi-Addifional deferrals %&Fill not Ire allowed'' except in extraordinary circumstances such as a major change In the project proposal, I)y the applicant or more issues Identified! Iqy staff that have not previously been brought to tne applicant's attention... ,*'** Board of Supervisors worksessions and public hearIngs Will be scheduled after the Planning Conimisfon's action on FOR OFFICE USE ONLY SP # or ZMA # Fee Amount $ Date Paid By who? Receipt # Clc# By: Resubmittal of information for Special Use Permit or Zoning Map Amendment PROJECT NUMBER: PROJECT NAME: ❑ Resubmittal Fee is Required Community Development Project Coordinator Signature Date ❑ Resubmittal Fee is Not Required Name of Applicant Signature FEES 0 Phone Number Date Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000 ❑ First resubmission FREE ❑ Each additional resubmission $500 '%';P'0 , .0111111'�,44.K��*"� �r�„�k,'��}4EzW?�x�'•�;i4nls�tlw„?�3�'��„ ,kl �Ir:v��',1.+�}".t',`?��idr�: Resubmittal fees for original Special Use Permit fee of $2,000 ❑ First resubmission FREE ❑ Each additional resubmission $1,000 : i :a i M. i. dar:.a� 3 7-.i'191" '.NN .x.14.,. N k+l • rte.. i 5 dk'1�H5. L, �.4. �Nk �-a'�.>1�... r �}$,�'kdF �! '�s!-:�`:: k4�"��}- t• r,fw.,.: kryy '7LfL :.ii i S i.� �(};�.. '��.."� �a. E 'S ,.k�,�r:.. - � .m t -k. ti:�J,;tk� ,'rk:,.3 .. ,::. I.::,r.. , ue�a isY�: 1�, . .r� +t:,. � ,a�.�, a[�r tNpi.. t':��. nl ''Jt?`q.E�Y �� ,;R�,Tn,:ii�t��R i 1 }R.SY,..t:. ,K Ntl�x1 :.z t3..� r•�ai:Y'.4�k: Y��G��', 5b5t1;ii, ii�pi,l. �:,,}�. Irx, �A.�"-4,..R9.: dF::i a (i r4Faj��i��i t--r.'t..,��,bdM.rit. ,�.SF{:3(:%=x�Mm T. .t' x...L�d��3i,+..).h.i,�ir,�a ��(a. ; a1 ,SC ivr�l$Y"�.�{� Resubmittal fees for original Zoning Map Amendment fee of $2,500 ❑ First resubmission FREE ❑ Each additional resubmission $1,250 n.'"."ii r _... ..„i .aq.✓i_.. r4 t...k,... iD a a4.:t ,i >r . y. iw Il 9t ::,t.,,:h.n1W'jilw hk �:? Ah`Y. ..., . ,,.'20 I",t f 4 �' '..r::. I, :... h:,.� .. i' t .,::r. ..4..,�... it F.{,,•;,,r �d. N1 :i Y .I,°•n15h:"'r dK ,`f. li l,y f,.;.'.r: n't�d t4,,.,.h:,�xs,'��.r+,♦a,�r11Pu'�rh'�'�.,��1,Ue.l�.,d-Pt.—�St.S,'�d.��,°.X'x1,w''�rt..,d�',>"{��.Soe Resubmittal fees for original Zoning Map Amendment fee of $3,500 ❑ Fust resubmission FREE ❑ Each additional resubmission $1,750 ..:.:a. i hi'r;: d t 4 ':I' I � ., '(:R I I':{y::' k �/,"'Mhi YP,i'..i!z .0 t Pa:: I, .,� .,'''h q !'.., r"'I Y 1 i (J ..go-' k t t� Y. Yai "t`5 .., .yy'i � AI:. ke.gw k H � j "a.li f1Bf.. ,i IP It y�r...:al3R i' :3 t(•.. � sa,s';o�:Yf�i,�,i, �.). �, �,4„, i`,l'„..,p,V'*,�^,L 4'„u'�1'l,.P.,iC;q„w:%:., d��1,"��:�r.Y-14N hfli`"xJ;r:�.Y9?C+.�d�"i�ul:+,k:t.rS,L..�,iy,'3mla.;b i�C'.�:ra9�M.�.'1'rGr�r;.eh;P�f�i•hd��In'��e�l�:�.k�N,.2.,§ai:k 4t�;1911a�I I6�9Lh�Nu., Hb i'well.,a.az'r'Marfi'�I�, ;h��.ii,ddi;a�.,,w'C fi4{:, ❑ Deferral of scheduled public hearing at applicant's request — Add'1 notice fees will be required $180 To be Daid after staff review for Dublic notice: Most applications for a 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 Preparing and mailing or delivering each notice after fifty (50) $1.00 for each additional notice + actualcost of first-class postage Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (minimum of $280 for total of 4publications) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 5/10/2011 Page 1 of 1