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HomeMy WebLinkAboutZMA201000001 Action Letter 2012-06-19 (2)GINS" 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 4, 2011 Valerie W. Long, Williams Mullen 321 East Main St., Suite 400 Charlottesville, Va 22902 RE: ZMA201000001 Pantops Ridge Tax Map 78, Parcel 53 & Tax Map 78113, Section A, Parcel 4 Dear Ms. Long: The Albemarle County Planning Commission, by a vote of 5:1, recommended denial of ZMA- 2010 - 00001, Pantops Ridge based on the following: The nine factors listed in the staff report as unfavorable with the comments revised and made during the discussion. The factors identified in the staff report as favorable with the addition of a fourth being the reduction in the traffic generated by the project; and Factors Unfavorable: 1. Proposed density is not in keeping with the Pantops Master Plan. 2. There is no commitment to retain Green space shown on the Pantops Master Plan. 3. No plan of development that could allow determination that goals from the Comprehensive Plan, including the Pantops Master Plan, related to environmental preservation, design around a Central Green, provision of amenities, provision of a mixture of housing types, and a pedestrian orientation are met. 4. No updated traffic study has been provided for this application, however a significant lessened traffic count was computed due to the change in use from shopping center to R -15. Without a traffic study, requirements of the state's Chapter 527 traffic study regulations have not been met and needed transportation improvements resulting from the development cannot be confirmed, including the proposed relocation of Hansens Mountain Road. 5. The proffers obligate the County or VDOT to acquire any needed land for the relocation of Hansens Mountain Road utilizing funds proffered by the applicant without a commitment by the applicant to attempt to acquire this land themselves. This puts the County or VDOT in the position of potentially needing to condemn land owned by multiple property owners in order for the proffer to be executed. 6. There is no commitment to accommodate transit in the development, nor is there a commitment of any funding for public transit services. 7. There is no commitment to providing affordable housing. 8. There is no commitment to off -set the development's impacts on public facilities as stipulated in Appendix B of the County Land Use Plan entitled "County of Albemarle, Virginia Cash Proffer Policy for Public Facilities ". 9. Proffers are in need of substantive and technical changes. Factors Favorable: 1. The residential use is more in keeping with the Land Use Plan than the approved commercial use. 2. An extension of Viewmont Court and a relocated Hansens Mountain Road will be a safety improvement for Ashcroft residents and can address many of the traffic impacts of the development. 3. The residential use is less intensive than the approved commercial use and is expected to have less of an impact on surrounding residential developments. 4. The reduction in the traffic generated by the proposed use. Additional clarification included the following: There was discussion regarding R -15 submission not requiring a plan of development. But, the failure of the applicant to submit a plan of development was an unfavorable factor because, without a plan, there was insufficient information to determine whether the goals of the Comprehensive Plan, including the Pantops Master Plan, were met. In addition, there should be credit for the off -site road in determining the cash proffer obligation. The road upgrade to the site would also contribute towards that or the cost to the road. The need to condemn to be used as a last alternative or last resort at the applicant's expense. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on a date to be determined. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296 -5832. Sincerely, Claudette Grant Senior Planner Planning Division cc: Richard T. Spurzem P.O. Drawer R Charlottesville, Va 22903 File From: Long, Valerie [vlong @williamsmullen.com] Sent: Friday, September 24, 2010 2:00 PM To: Rebecca Ragsdale Cc: Elaine Echols Subject: ZMA 2010 -01 Pantops Ridge Rebecca, In connection with ZMA 2010 -01, Pantops Ridge, after consultation with the Owner, we have decided to request an indefinite deferral of the issue so that we can continue preparing our resubmittal materials. We intend to re- submit on the next regularly schedule re- submittal deadline of October 4th. Thank you, and please let me know if you require anything further to make this request effective. Valerie Valerie Wagner Long Williams Mullen 321 East Main Street Suite 400 Charlottesville, VA 22902 -3200 434 - 951 -5709 phone 434 - 817 -0977 fax vlong(a)williamsmullen.com AThink Green - please do not print this email unless necessary. NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to attorney - client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. 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