The URL can be used to link to this page

Home My WebLink AboutSDP200800041 Approval - County 2008-08-28ALg IRGINLP COUNTY OFALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 August 28, 2008 Mr. Richard Spurzem Neighborhood Investments -NP LLC P.O. Drawer R Charlottesville, VA 22903 Re: SDP200800041: North Pointe - Northwest Residential Area - Prelimary Site Development Plan Dear Mr. Spurzem: We are in receipt of your preliminary site development plan for North Pointe — Northwest Residential Area. Based on our review of the site development plan resubmitted on July 22, 2008, we find that this site development plan is not in conformity with the approved application plan for ZMA20000009 North Pointe and SP2002 -00072 Residential Uses at North Pointe. Therefore, we are unable to approve this application and must deny it for the reasons listed below: 1. The eastern conservation area is not shown correctly on your site plan. The eastern conservation area begins at the top of the slope where critical slopes begin. Although you provided an overlay exhibit to demonstrate that the slopes shown on the site development plan are preserved as shown on the application plan, the exhibits do not reflect the same scale. 2. Special use permit conditions for North Pointe which apply to this area are as follows: Special Use Permit Condition #3: The conservation areas shown on the Application Plan shall remain undisturbed and shall be protected from development impacts to the satisfaction of the County's program authority for the Water Protection Ordinance (Chapter 17 of the Albemarle County Code) (the Program Authority'); except that the pedestrian paths shown on the Application Plan may be placed in a conservation area where shown on the Application Plan. Storm drainage outfalls and other pedestrian paths may only be placed in conservation areas if the Program Authority finds that no other location is reasonably available and that the disturbance is necessary for such a proposed use. Notwithstanding the terms of this Condition 3 to the contrary, the Program Authority may approve a utility main within a conservation area, even if it is not shown on the Applciation Plann, and the Program Authority may approve other disturbances and /or measures as may be appropriate in the Program Authority's discretion to further protect a conservation area. Buildings and parking areas are shown in this conservation area where they are not allowed. This item cannot be varied. 3. Buildings and parking are shown on the site plan in an area adjacent to SWM Facility #10 where the application plan shows no buildings or parking. 4. The number, design, and layout of these buildings shown near SWM Facility #10 result in proposed stormwater facilities which will require construction of steep slopes inside the basins and cause parking lots near the basins to have 10 foot retaining walls. Although details of the stormwater facilities were not required on the application plan, the proposed grading and stormwater management information shown on this preliminary site development plan is inconsistent with the application plan. 5. Unit orientation towards Northwest Passage is different than shown on the application plan on both the western and eastern side of Northwest Passage. Units were not shown along the street on western side of Northwest Passage on the application plan. This feature is inconsistent with the application plan. 6. Units on the western side of Northwest Passage are shown in areas where no development was shown on the application plan. As in comment 4. above, the number, design, and layout of these buildings cause the need for a stormwater management facility west of the easement for the Korean church that requires construction of steep slopes inside the basins. This area is in the Entrance Corridor and if a basin had been anticipated at this location, commitments would have been made for review of the basin by the Architectural Review Board as they were for all other basins visible from the Entrance Corridor. 7. The application plan shows work [another word ?] in the floodplain which was not shown on the application plan. The only grading allowed in the floodplain is for Northwest Passage or exempt utilities. Storm pipes are shown north of proposed SWM facility #11 in the floodplain. This disturbance is not exempt. 8. The preliminary site plan fails to adequately show the proffered improvements for the proposed residential phase per the application plan and proffers in accordance with preliminary site plan requirements. The following road improvements should be shown on the preliminary plan and must be constructed during the construction of this residential development: (Proffer 5.3.1c1) [18- 8.5.5.2a,c] a. U.S. Route 29 Southbound — construction of left turn lane with taper. b. Northwest Passage from U.S. Route 29 to North Pointe Boulevard. c. U.S. Route 29 Northbound — construction of a right hand turn lane, geometries of which will be subject to VDOT approval. d. If not already constructed, North Pointe Boulevard between Northside Drive East and Northwest Passage. Only the proposed layout of the required improvements has been shown. All required information per 18- 32.5.6 of the zoning ordinance must be shown, including: proposed grading (d), proposed street cross - sections in accordance with the application plan (i), proposed layout of drainage pipes, channels, stormwater management facilities, drainage easements, etc. (k). Where buildings and parking are shown in areas on the site development plan which are not shown on the application plan, except for conservation areas, a variation request may be made to the Planning Director as follows: 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENTS The director of planning and community development may allow a site plan or subdivision plat for a planned development to vary from an approved application plan, standard of development and, also, in the case of a neighborhood model district, a general development plan or code of development, as provided herein: a. The director is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor variations to yard requirements, maximum structure heights and minimum lot sizes; 2. Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4. Minor changes to landscape or architectural standards; and 5. Minor variations to street design. b. The applicant shall submit a written request for a variation to the director,' the request shall specify the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation; the director may reject a request that fails to include the required information. c. The director is authorized to grant a variation upon a determination that the variation: (1) is consistent with the goals and objectives of the comprehensive plan; 2) does not increase the approved development density or intensity of development; (3) does not adversely affect the timing and phasing of development of any other development in the zoning district; (4) does not require a special use permit; and (5) is in general accord with the purpose and intent of the approved application. d. Any variation not expressly provided for herein maybe accomplished by rezoning. If you have any questions, please do not hesitate to contact us. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2 -2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. Sincerely, Amelia G. McCulley, A.I.C.P. Zoning Administrator Wayne Cilimberg Director of Planning