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HomeMy WebLinkAboutSP201200003 Review Comments 2012-04-06� OF AL o$� l U COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4176 April 6th, 2012 Brian Smith- BPSPE @EMBARQMAIL.COM 105 West High Street Charlottesville, Virginia 22902 RE: SP201200003 Congregation Beth Israel Cemetery 1St Review Comment Letter on special use permital submittal received February 21, 2012. Mr. Smith: Staff has reviewed your initial submittal for a Special Use Permit for a cemetery on rural private property. We have a few questions and comments which are listed 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 Comprehensive Plan has designated this property as Rural Areas which are set to preserve and protect agricultural, forestal, open space, and antural historic and scenic resources. Staff has found that the cemetery use on this private property is in conformance with the comprehensive plan. Staff has no objection to this use. Zoning Ron Higgins has no objection or comments for this special use permit request Engineering and Water Resources Gleen Brooks the County Engineer has no objection or comments for this special use permit request. Page 1 of 3 Entrance Corridor The following comments related to the Entrance Corridor Guidelines have been provided by Margaret Maliszewski: The proposed cemetery and parking area are not expected to be visible from the Entrance Corridor. No negative impacts on the EC are anticipated. VDOT The following comments related to VDOT have been provided by Joel DeNunzio: 1. VDOT has previously met with the applicant and reviewed the site entrance. The existing private driveway to the residence has adequate sight distance on Route 250 for the VDOT commercial sight distance requirements. 2. The traffic generated to this site is expected to be very low, similar to a single family residence, and the improvements in width to the back of the throat of the entrance as described in the application by the engineer is acceptable. 3. A Land Use Permit will be required for the driveway work that occurs in the Route 250 right of way. The applicant can contact my office when they are ready to apply for a permit. Fire /Rescue Robbie Gilmer, the Fire and Rescue representative, has no objection or comments for this special use permit. Health Department Detailed Health Department comments are forthcoming. The following generic comments regarding cemeteries was provided by Josh Kirtley: 1. The proposed cemetery should not interfere with either the existing drainfield or the reserve area. It should strategically be placed so as to not disturb any existing or proposed septic field. 2. The proposed cemetery should maintain at least a 100' setback to any existing or proposed well. This would include the subject property but also any well on a neighboring parcel 3. The boundaries of the proposed cemetery should be survey located so that the cemetery itself can be easily found in the future. 4. 1 would recommend that the applicant "grant" themselves and family members of the deceased "permission" to enter the property in the future. This is beneficial if the property is ever sold. 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. Staff believes that this application is ready to move forward without a resubmittal to be heard at the Planning Commission public hearing. You must notify staff in writing that you want to move Page 2 of 3 Revised 4 -25 -11 eke forward AND pay the notification and advertisement fees outlined below by April 16th in order to have a Planning Commission date of May 8th, 2012. You can pay both the Planning Commission and Board of Supervisors notification and advertisement fees at the same time. Again, the fees are due by April 16tH. If paid, the Planning Commission date will be set for May 8th. 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: $159.90 Cost for newspaper advertisement $203.76 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50 adjoining owners) $363.66 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. $159.90 Additional amount due prior to Board of Supervisors public hearing $523.56 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 some 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 at 434.296.5832 ext 3004. My email address is myaniglos@albemarle.org. Megan Yaniglos Senior Planner Planning Division enc: Action After Receipt of Comments Page 3 of 3 Revised 4 -25 -11 eke DEPARTMENT OF COMMUNITY DEVELOPMENT �pF AL o� U �'IRGI1`IZ�' 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 I 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 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. Page 2 of 6 Revised 4 -25 -11 eke 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 ..............:............ ........................:...... 500.00 Each additional resubmittal ..... ............................... $ 2., Public utilities; application and first resubmission Fee............................................................................ ............................... ......................$1,000.00 .................. ............................... 500.00 Each additional resubmittal .............. ............................... $ 3. Day care center; application and first resubmission Fee............................................................................ ............................:.. ......................$1,000.00 .. ............................... 500.00 Each additional resubmittal .............................. ............................... $ 4. Home occupation Class B; application and first resubmission Fee............................................................................ ............................... ......................$1,000.00 Each additional resubmittal ....................................... ............................... ........................$500.00 5. .5. Amend existing special use permit; 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: Fed............................................................................. ............................... ........................$200.00 phis the actual cost of first class postage 2. Preparing and mailing or delivering, per notice more than fifty (50): Fee............................................................................... ............................... ..........................$1.00 phis the actual cost of first class postage 3. Published notice: Fee.............................................................................. ............................... .........................Actual cost Page 3 of 6 Revised 4 -25 -11 eke