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Home My WebLink AboutZMA201500004 Review Comments Zoning Map Amendment 2015-07-29AL �'jRGIT`11P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 July 29, 2015 Mr. Steven W. Blaine, Esq. 123 East Main Street Charlottesville, VA 22902 RE: ZMA201500004 — Commonwealth Senior Living Dear Mr. Blaine: Staff has reviewed your re- submittal requesting to amend proffers associated with ZMA99 -01, and ZMA01 -011. The proposed uses with this rezoning amendment request is to include assisted living and independent units with an increase of units from 100 up to 140 units on 3.85 acres. We have a few questions and comments which are listed below: Planning 1. The proposed application plan now shows an area described as proposed amenity area expansion. If this is to be part of the revised plan, please provide additional information /description of this area. Also see Entrance Corridor comment below. Entrance Corridor The following comments related to the Entrance Corridor Guidelines have been ,provided by Margaret Maliszewski: 1. Provide on the plan additional information to clarify the character and extent of amenities .to be included in the "expanded amenity area ". Describe anticipated visibility of amenities from Rt. 250. Alternatively, if the proposed changes include only interior work, eliminate the "expanded amenity area notation and related information from the plan. VDOT Comments from Shelly Plaster of VDOT are attached. ACSA Comments from ACSA have not been received. We will send comments upon receipt. The following divisions have no objection to -this rezoning request: Fire- Rescue, RWSA, and Zoning. 1 Proffers Please see.below, comment number from Greg Kamptner and the comment from Margaret Malischewski, both relate to the previous approved proffers and'how.they relate or reference the proposed amended proffers. Perhaps clarifying the language-for-the proffers that describes the relationship of the proposed amended proffers with the approved proffers and associated TMP numbers would be helpful. Please see the attached example. It is the first page of a long approved. proffer statement that might be helpful. The example is. not exactly the same situation as this proposed amendment, but it is similar and could provide some helpful guidance. The following comments related to.the proffers have been provided by Greg Kamptner: 1. At the top of the page, the "Original Proffers X" should be revised because these proffers are amending the proffers applicable to TMP 07800- 00- 00 -055A1 arising from the prior ZMAs reference further down page 1 of the proffers. See the following example (the attachment is also a good example): Original Proffers Amendment X 2. In the introductory information, the acreage is stated as "3.8517 acres. On Sheet'l of the application plan in the "Property Information" block, under "Legal Reference" the acreage is stated to be 3.851 acres, but under " Acerage" (should be "Acreage "), it is.stated to be 2.088 acres. Please clarify and show the correct acreage. 3. In the introductory information, it is unclear why TMP 07800- 00- 00 -055A5 is referenced and explained because it is not being rezoned. 4. _ In proffer 2, line 2, change "will' to "shall'. The following comments related to the proffers have been provided by Margaret Malischewski: 1. The buffer described in Proffer #6 addressed an ARB concern. If the proffer will continue to be addressed through other previously approved rezonings, make this clearer in the submittal documents. Action after Receipt of Comment Letter After you have read this letter, please take one of the actions below within 30 days after receipt of this letter: (1) Resubmit in response to review comments on a Resubmittal Monday -- Schedule can be found at this address: http: / /www.albemarle.org /upload /images /forms center /departments /Community Devel opment /forms /schedules /Special Use Permit & Zoning Map Amendment Schedule.pdf (2) Request indefinite deferral (3) Request that a Planning Commission public hearing date.be.set (4) Withdraw your application If you choose-to resubmit, please use the form provided with this letter. 2 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper; Virginia 22701 Charles A. Kilpatrick, P.E. Commissioner July 28, 2015 Ms. Claudette Grant County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: ZMA -2015 -0004 Commonwealth Senior Living Dear Ms. Grant: We have reviewed the Commonwealth Senior Living Zoning Amendment, dated July 6, 2015, as submitted by Shimp Engineering, and offer the following comments: 1. The proposed increase in the number of trips generated by the re- configuration of the interior of the existing building have a negligible impact on the surrounding public roadway system. VDOT has no objection to the Proffer Amendment. If you need further information concerning this project,.or wish to schedule a meeting, please do not hesitate to contact me at (434) 422 - 9894. Sincerely, Shelly A. Plaster, Land Development Engineer Culpeper District AMENDED AND RESTATED PROFFER STATEMENT NORTH POINTE CHARLOTTESVILLE, LLC . ORIGINAL REZONING APPLICATION: #ZMA- 2000 -009, SP - 2002 -72 ZMA 2013- 00007.North Pointe Proffer Amendment Tax Map 32 Parcels: 20,20A, 20A1, 20A2, 20A3, 29I, 23, 23A, 23B, 23C, 23D, .23E, 23F, 23G, 23H, and 23J. Approximately 229 acres zne- Plann`e Development - Mixed Commercial ( "PDMC ") August 5, 2013 With respect to the property described in rezoning application #ZMA- 2000 -09 and SP- 2002 -72 (the "Original ZMA "), CWH Properties Limited Partnership is the fee simple owner and North Pointe Charlottesville, LLC is the contract purchaser of Tax Map 32, Parcels 20, 20A, 20A1, 20A2, 20A3 and 29I (the "North Pointe Property "), and Violet Hill Associates, L.L.C. is the fee simple owner of Tax Map 32, Parcels 23, 23A, 23B, 23C, 23D, 23E, 23F, 23G, .23H and 23J (the "Violet Hill Property "). The respective parties are collectively referred to herein as the "Owner ", which term shall include any successors in interest. The North Pointe Property and the Violet Hill Property are referred to collectively as the "Property ", all of which is the subject of zoning map amendment application number ZMA 2013 -00007 known as the "ZMA Amendment." Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereby.. voluntary proffers the conditions listed in this Amended and Restated Proffer Statement, which shall be applied .to the North Pointe Property if the ZMA Amendment is approved by Albemarle County. These conditions are proffered as part of the ZMA Amendment and it is agreed that: (1) the ZMA Amendment itself gives rise to the need for the conditions, and (2) such conditions have a reasonable relation to the rezoning requested. The Original ZMA, together with its associated proffers dated July 20, 2006 (the "Original Proffer Statement "), was approved by the Albemarle County Board of Supervisors on August 2, 2006, and also included Tax Map 32, Parcel 22K (which parcel 22K was at the time comprised of two separate parcels '22H and 22K, which have since been combined into a single parcel 22K) which is owned by Neighborhood Properties - NP, LLC (the "Neighborhood Investment Property "). The. changes reflected in this ZMA Amendment shall not apply to the Neighborhood Investment Property. In all other respects, this ZMA Amendment amends and " restates said proffers in their. entirety and the Amended and Restated Proffer Statement shall relate to the multi -page application plan entitled "North Pointe Community'% prepared by Keeney & Co., Architects, as revised through June 13, 2006 and attached hereto as Exhibit A (the "Application Plan "), and the Albemarle County Code in effect as of the date of the Original Proffer Statement (the "County Code "). The North Pointe Community shall be referred to as the "Project." FOR OFFICE USE ONLY SP # or ZMA # Fee Amount $ Date Paid By who? Receipt # Ck# By: Resubmittal of information for Special Use Permit or Zoning Map Amendment PROJECT NUMBER: Z{�1� 901,5j�q PROJECT NAME: CuVrllylWILWCI141 Resubmittal Fee is Required / ❑ Per Request ❑ Resubmittal Fee is Not Required 0"I "bYa-►+,' Community Development Project Coordinator Name of Applicant Phone Number 0&dt2(XC6A'tV 7/9-1115 ✓ Signature itate Signature Date FEES Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000 ❑ First resubmission FREE ❑ Each additional resubmission $500 ' Actual cost (minimum of $ -80 for total of 4 publications) Resubmittal 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 S2,500 ❑ First resubmission FREE aKEach additional resubmission $1,250 '>F.�` }Ft.. t•:: ia. F,T .. . �. ... f. . s�.. . .. : ',?•n.:A6...r 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 paid 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 i� 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 fit, (50) $1.00 for each additional notice+ actual cost of first -class postage i� Legal advertisement (published twice in the newspaper for each public hearing) ' Actual cost (minimum of $ -80 for total of 4 publications) Counq of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 6/7/2011 Page 1 of 1