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Home My WebLink AboutZMA201300014 Review Comments 2013-09-18Short Review Comments Report for: ZMA201300014 SubApplication Type: North Pointe Neighborhood Investments Date Completed:09/18/2013 Reviewer:Francis MacCall Admin Zoning Review Review Status:QC OK Reviews Comments: Division: Date Completed:11/27/2013 Reviewer:Claudette Grant Planning Review Status:Pending Reviews Comments: Division: Date Completed:10/18/2013 Reviewer:Amelia McCulley Zoning Review Status:Requested Changes Reviews Comments: Division: Date Completed:10/21/2013 Reviewer:Glenn Brooks Engineering Review Status:See Recommendations Reviews Comments: Division: Date Completed:10/04/2013 Reviewer:Jay Schlothauer Inspections Review Status:No Objection Reviews Comments: Division: Date Completed:10/15/2013 Reviewer:Robbie Gilmer Fire Rescue Review Status:No Objection Reviews Comments:No objections or comments Division: Page:1of1 County of AlbemarlePrinted On:February 03, 2016 fir. ti.r Claudette Grant From: Victoria Fort[vfort@rivanna.org] Sent: Tuesday, October 22, 2013 5:06 PM To: Claudette Grant Subject: ZMA201300014 - North Pointe Neighborhood Investments Claudette, RWSA has reviewed application ZMA201300014- North Pointe Neighborhood Investments. Below is a completed copy of the form that was provided to us by Elaine Echols for SP &ZMA Applications. To be filled out by RWSA for ZMA's and SP's 1. Capacity issues for sewer that may affect this proposal None Known 2. Requires Rivanna Water and Sewer Authority Capacity Certification Yes X No 3. Water flow or pressure issues that may affect this proposal None Known 4. "Red Flags" regarding service provision (Use attachments if necessary) None Known Please let me know if you have any questions. Thank you, Victoria Victoria Fort, EIT Civil Engineer Rivanna Water and Sewer Authority 695 Moores Creek Lane Charlottesville,VA 22902 (P):(434)977-2970 ext.205 (F):(434)295-1146 1 �# r, • off,. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper,Virginia 22701-3819 Gregory A.Whirley Commissioner of Highways October 23, 2013 Ms. Claudette Grant Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: ZMA-2013-00014 North Pointe Neighborhood Investments Dear Ms. Grant: We have reviewed the proposed revisions to the rezoning proffers for this project and offer the following comments: 1. It appears from the proposed proffers that there would be a section of Phase III road from Route 29 to North Pointe Blvd. that would not be clearly defined as to who and when this section of road would be constructed. I would recommend that the proposed proffers better define when the entire section of this would be constructed and which entity would be responsible for the construction. If you need additional information concerning this project,please feel free to contact me. Sincerely, /4A L Troy Austin, P.E. Area Land Use Engineer Culpeper District VirginiaDOT.org WE KEEP VIRGINIA MOVING `rr of nL 1.4.0 o Q ,9�, IIN\P County of Albemarle Department of Community Development Memorandum To: Claudette, Grant, Senior Planner From: Amelia McCulley, Zoning Administrator Date: October 30, 2013 Subject: ZMA 2013-014 North Pointe Neighborhood Investments— Revised Comments This memorandum replaces and revises the prior memo dated October 18th I do not object to the proposed rezoning provided the remaining obligations for the infrastructure to support the school site (such as the road network) remain in place. It is my understanding that the obligations are maintained with the other North Pointe rezoning, ZMA 2013-07. The existing 12 month time period which is maintained in Proffer 5.3 c (2) may be longer than necessary. If a school can be built in less than 12 months, the school may be opened before the improvements must be completed. Nikiw Claudette Grant From: Shewmake, William H. [William.Shewmake @leclairryan.com] Sent: Wednesday, November 06, 2013 1:50 PM To: Glenn Brooks; Claudette Grant Subject: FW: Northpoint proffers Glenn, I just took a look at your comments relating to the zoning amendment request zma 2013-014. I think Amelia raised some of the issues you have. She, Claudette and Greg Kamptner met to discuss the case and how my amendment request is supposed to fit with the other pending case. Essentially, all the conditions relating to the adjacent property remain and the amendment I submitted would require that the improvements on 29 and through the Neighborhood Investments property be in place within 12 months of the school being built as required by the existing case.My email below explains how the amendments are supposed to work. After meeting with Greg and Claudette, I think that Amelia has amended her comments. I would appreciate your giving me a call so we can talk about the case and the concerns you have raised.Thanks. Will William H. Shewmake Attorney at Law LECLAIRRYAN Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond,Virginia 23219 (804)783-7595 Direct (804)783-7695 Fax (804)241-0453 Mobile William.Shewmake @leclairryan.com htto://www.leclairryan.com Linkedln I Twitter Please consider the environment before printing this email. _ From: Shewmake, William H. ... Sent: Monday, October 28, 2013 3:37 PM To: 'Claudette Grant'; Sarah Baldwin Cc: 'Greg Kamptner'; 'amcculley @albemarle.org' Subject: RE: Northpoint proffers Thanks Claudette. Let me give a quick explanation how I thought the proffer amendments worked so you guys can tell me if I am wrong.For purposes of convenience, I will refer to the property involved in the other zoning case as the CWH property and the Neighborhood Investment property as the NP property.This is how I interpreted how the different 5.3.1c proffers for CWH and NP would work: 1.First, the bond requirement would remain. Since that section had a separate title " Completion of the Phase III Road Improvements," I was treating it as a separate proffer which NP is not changing. If I have to clarify that further,I am happy to do so. 2.CWH and NP would be operating under separate 5.3.1 c proffers and I am trying to make them fit together. Under the amended CWH proffer, CWH still has to make sure all the phase III road improvements are in place and the triggers remain in place for those improvements.So for example, if NP goes forward with its development and gets approved, CWH would have to complete the phase III improvements on its property.ln turn, NP as part of its site plan approval would still have to put in all the phase III route 29 road improvements and all the improvements on its property which will hook up to the road improvements CWH is doing on its property.( I took out reference to the 533 units because it doesn't seem to apply to the NP property. If NP begins to build, it must already make the Route 29 improvements and put in the road to its 1 property line with the CWH property.P the extent for some reason the NP propert oesn't develop, CWH is limited to 533 units exactly as called for under the proffer until the NP improvements are put in place.) 3.1 kept the requirement that the NP improvements have to be in place within 12 months of the school building permit being issued, regardless if NP has begun to develop. I took out the reference to easements because that dealt with the School lot which is on CWH property, and I took out the reference to submitting road plans because NP has already done that and been approved. The only thing holding NP up is building a section of road that is on CWH property. Thus, I think that the phase III road improvements work just as called for under the proffer.The North Pointe development doesn't need the road improvements on the CWH property until the school comes on line or CWH tries to exceed 533 dwellings.NP must still build its phase III improvements for either of those triggers.Thanks and I look forward to hearing from you. Will William H. Shewmake Attorney at Law LECLAIRRYAN Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond,Virginia 23219 (804)783-7595 Direct (804)783-7695 Fax (804)241-0453 Mobile William.Shewmakeeleclairryan.com http://www.leclairryan.com Linkedln I Twitter Please consider the environment before printing this email. From: Claudette Grant [mailto:cgrant @albemarle.org] Sent: Monday, October 28, 2013 1:07 PM To: Shewmake, William H.; Sarah Baldwin Subject: RE: Northpoint proffers Will, Amelia, Greg and I will be meeting this week to discuss your proffer amendment request and hopefully clarify anything that may be of confusion. My plan is to send you staff comments at the end of this week. Hope this clarifies immediate concerns. Please let me know if you have additional questions or concerns. I will be in touch. Thank you Claudette From: Shewmake, William H. [mailto:William.Shewmake @leclairryan.com] Sent: Monday, October 28, 2013 12:37 PM To: Sarah Baldwin Cc: Claudette Grant Subject: RE: Northpoint proffers Thanks. Just spoke with Amelia and I think she is going to get with Greg and Claudette in the next couple of days. Will William H. Shewmake Attorney at Law LECLAIRRYAN Riverfront Plaza, East Tower 2 951 East Byrd Street, Eighth Floor Nur Richmond,Virginia 23219 (804)783-7595 Direct (804)783-7695 Fax (804)241-0453 Mobile William.Shewmaket leclairryan.com htta://www.leclairryan.com LinkedIn I Twitter Please consider the environment before printing this email. From: Sarah Baldwin [mailto:sbaldwin @ albemarle.orq] Sent: Monday, October 28, 2013 12:32 PM To: Shewmake, William H. Cc: Claudette Grant Subject: RE: Northpoint proffers Will: I would suggest that you get with Claudette Grant and Amelia on this matter to discuss potential solutions. Sarah D. Baldwin Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 (434)296-5832 (434)972-4126, fax Please consider the environment before printing this mail. From: Shewmake, William H. [mailto:William.ShewmakeC@leclairryan.com] Sent: Wednesday, October 23, 2013 7:06 PM To: Sarah Baldwin Subject: RE: Northpoint proffers Sarah, I have read Amelia McCulley's memo on the County View. I am not sure I understand exactly her concerns; Richard certainly is not trying to get out of anything. Please let me know as soon as you can how I go about addressing the concerns and what edits the staff would like to see. Thanks. Will William H. Shewmake Attorney at Law LECLAIRRYAN Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond,Virginia 23219 (804)783-7595 Direct (804)783-7695 Fax (804)241-0453 Mobile William.Shewmake @leclairryan.com http://www.leclairryan.com 3 Ilare 41.10f Linkedln I Twitter Please consider the environment before printing this email. From: Sarah Baldwin [mailto:sbaldwin @albemarle.orq] Sent: Monday, September 16, 2013 10:46 AM To: Shewmake, William H. Subject: RE: Northpoint proffers County of Albemarle. Sarah D. Baldwin Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 (434)296-5832 (434)972-4126, fax Please consider the environment before printing this mail. From: Shewmake, William H. [mailto:William.Shewmake @leclairryan.com] Sent: Monday, September 16, 2013 10:20 AM To: Sarah Baldwin Subject: RE: Northpoint proffers Thanks. Do we make the check payable the the treasurer of Albemarle County? I am heading out in a bit and want to make sure I have the right payee!! William H. Shewmake Attorney at Law LECLAIRRYAN Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond,Virginia 23219 (804)783-7595 Direct (804)783-7695 Fax (804)241-0453 Mobile William.Shewmake @leclairryan.com httb://www.leclainyan.com Linkedln I Twitter Please consider the environment before printing this email. From: Sarah Baldwin [mailto:sbaldwin@albemarle.orq] Sent: Monday, September 16, 2013 9:39 AM To: Shewmake, William H. Subject: RE: Northpoint proffers 4 Will: Nor- You can in 1 document. Thanks. Sarah D. Baldwin Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 (434)296-5832 (434)972-4126, fax Please consider the environment before printing this mail. From: Shewmake, William H. [mailto:William.Shewmake(aleclairryan.com] Sent: Friday, September 13, 2013 9:43 AM To: Sarah Baldwin Subject: RE: Northpoint proffers Thanks for your help the other day. I really appreciate it.l am putting the narrative together on the various topics that need to be addressed per the checklist. Does staff have a preference for one document with subheadings or a separate document for each topic? want to make sure I put it in the format you prefer. Will William H. Shewmake Attorney at Law LECLAIRRYAN Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond,Virginia 23219 (804)783-7595 Direct (804)783-7695 Fax (804)241-0453 Mobile William.ShewmakeAleclairryan.com http://www.leclairrvan.com Linkedln I Twitter Please consider the environment before printing this email. From: Sarah Baldwin [mailto:sbaldwir aalbemarle.ora] Sent:Tuesday, August 13, 2013 3:59 PM To: Shewmake, William H. Subject: RE: Northpoint proffers Will: Several people are out on vacation until the end of the week and some questions have come up from the Zoning Administrator on how we should handle your submittal. We have a regular meeting with the County Attorney's Office on Thursday afternoons and I would like to finalize some answers at that point. Unless you have other questions, can we talk either late Thursday or Friday? Thanks. 5 Sarah D. Baldwin Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 (434)296-5832 (434)972-4126, fax APlease consider the environment before printing this mail. From: Shewmake, William H. [mailto:William.Shewmake @leclairryan.com] Sent: Sunday, August 11, 2013 2:02 PM To: Sarah Baldwin Subject: FW: Northpoint proffers Sarah, Thanks for getting back to me. I hope you are on the mend. It is my turn to be out a bit. Attached is my suggested proffer amendment I would like to talk with you about. Unfortunately, I have noticed my redline didn't quite work right. So for example, I don't think it highlights my elimination of the School road on Mr. Rotgin's property. If it is okay, I would like to call sometime Monday or Tuesday to confirm the basic information such as what the Corn Plan calls for. I also want to make sure this is the approach staff wants me to go. My understanding from the meeting was that I was filing a very simple basic amendment and I did not have to provide a lot of the information that was on the application sheet that was intended for full blown applications. Thanks and I look forward to talking with you. Will William H. Shewmake Attorney at Law LECLAIRRYAN Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond,Virginia 23219 (804)783-7595 Direct (804)783-7695 Fax (804)241-0453 Mobile William.Shewmake(a leclairryan.com http://www.leclairryan.com LinkedIn I Twitter Please consider the environment before printing this email. * This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail with a copy to emailadministrator @leclairryan.com and delete this e-mail and all copies and attachments. 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