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Home My WebLink AboutZMA201600001 Review Comments Zoning Map Amendment 2016-06-08* The reviewing planner will contact applicant to discuss comments of reviewers and advise that changes that are needed are significant enough to warrant an additional submittal or advise that the the project is ready for a public hearing. If changes needed are minor, the planner will advise that the project go to public hearing. ** The legal ad deadline is the last date at which an applicant can decide whether to resubmit or go to public hearing. If an applicant decides to go to public hearing against the advice of the reviewing planner, a recommendation for denial will likely result. Generally, the applicant will will have only one opportunity to defer the PC public hearing for the project once it has been advertised for public hearing. Additional deferrals will not be allowed except in 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. 2016 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Resubmittal Schedule Written Comments and Earliest Planning Commission Public Hearing* Resubmittal Dates Comments to applicant for decision on whether to proceed to Public Hearing * Request for PC Public Hearing, Legal Ad Payment Due ** Planning Commission Public Hearing No sooner than` COB Auditorium Monday Friday Monday Tuesday Nov`2"2015 Dec 4 2015 Dec 212016 Jan 12 Nov 16 2015 Dec_ 18 2015 Jan 04 Jan 26 Dec 7 2015 Jan 08 Jan 11 Feb 02 Dp.c 212015 Jan 04 Tue Jan 19 Feb 01 Tue Feb 16 Jan 22 Feb 05 Feb 19 Mar 04 Mar 18 Feb 01 Feb 08 Feb 22 Mar 14 Apr 04 Feb 23 Mar 01 Mar 15 Apr 05 Apr 26 Mar 07 Mar 21 Apr 04 Apr 08 A r 22 May 06 Apr 11 May 09 May 09 May 03 May 31 May 31 Apr 18 May 20 May 30 Jun 21 Ma 02 May 16 Jun 06 Jun 03 Jun 17 Jul 08 Jun 20 Jun 20 Jul 18 Jul 12 Jul 12 Aug 09 Jun 20 Jul 22 Aug 01 Aug 23 Tue Jul 05 Aug 05 Aug22 Sep 13 Ju118 Aug19 Aug22 Se 13 Aug01 Sep 02 Sep 05 Se 27 Aug_15 Sep 16 Sep 19 Oct 11 Tue Sep 06 Oct 07 Oct 10 Nov 01 Sep 19 Oct 21 Oct 31 Nov 22 Oct 03 Nov 04 Nov 14 Dec 06 Oct 17 Nov 18 Nov 28 Dec 20 Nov 07 Dec 09 Dec 19 Jan 10 2017 Nov 21 Dec 23 Jan 09 2017 Jan 312017 Dec 05 Dec 19 Jan 06 2017 Jan 20 2017 Jan 16 2017 Feb 06 2017 Feb 07 2017 Feb 28 2017 Jan 03 2017 Feb 03 2017 1 Feb 13 2017 Mar 07 2017 Bold ifalics = submiffaYmeeting day is different due to a holida . Dates with shaded background are not 2016. 2017 dates are tentative. * The reviewing planner will contact applicant to discuss comments of reviewers and advise that changes that are needed are significant enough to warrant an additional submittal or advise that the the project is ready for a public hearing. If changes needed are minor, the planner will advise that the project go to public hearing. ** The legal ad deadline is the last date at which an applicant can decide whether to resubmit or go to public hearing. If an applicant decides to go to public hearing against the advice of the reviewing planner, a recommendation for denial will likely result. Generally, the applicant will will have only one opportunity to defer the PC public hearing for the project once it has been advertised for public hearing. Additional deferrals will not be allowed except in 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. Elaine Echols From: Sharon Taylor Sent: Wednesday,June 08, 2016 1:34 PM t To: Elaine Echols Cc: David Benish Subject: HMTC Area A2 (zma-16-1) PC action 6-7-16 Elaine, '; FYI—for tonight's Board meeting: Transcribed from 616 Mr. Keller closed the public hearing to bring the matter before the Planning Commission for discussion. Ms. Firehock said she was really on the fence on this one and was going to be surprised to see how 1 she votes. The reasoning for why she recommended denial last time ago was that this developer had promised this, she understood that he had inherited the property back, and she also had made the point that the county needs a lot of affordable housing. There is nothing wrong with being more generous in your proffers than what the minimum requirement is. However, she also feels a bit more I sympathy this evening to the notion that he is not the original offer of the proffers. In general she is not sympathetic to people who come back and say the economy is difficult and I would like to reduce my 1 proffers as a result because she thinks that does set a bad precedent. In this particular case because he was the originator of the proffer in the first place and sort of through a series of bad luck and just bad economy inherited it back and he is not asking not to do the proffer. He is not asking to say he does not want to do affordable housing. She was leaning more in the sympathy direction this evening to perhaps accept that 15%. 1 Mr. Lafferty said he had some sympathy,too, and wondered if there can be some compromise that it gj say 18% or something like that. He did not want to set a precedent about proffers and was going to Astay with his uneasiness. Mr. Dotson said last time he voted against the motion so he would be prepared to make a motion to approve tonight. However, it was true that the original proffer was reasonable and offered in good faith; but, conditions have changed. It was not this owner who made those proffer offers. It has been modified since the Commission last saw it to address several of the staff objections, which he thinks were minor. It does comply with the 15% policy. But, the thing perhaps that is most persuasive to me is the proposal is to actually build the housing and not offer a cash in lieu and the county badly needs that. So when our discussion finishes he would move approval. Mr. Keller asked for a motion. Motion: Mr. Dotson moved and Ms. Firehock seconded to recommend approval of ZMA 2016-00001 Hollymead Town Center(A-2) proffer amendment dated May 27, 2016 with affordable housing equal Ito 15% of the total residential units constructed on the property. There being no further discussion Mr. Keller asked for a roll call. 1 of3:3:1 (Lafferty/More/Riley/Spain, the motion for a approval failed. 0 ,:, 0 , Byatievoteabsent) p �� Mr. Keller asked Mr. Kamptner to interpret this result for us. Mr. Kamptner replied this was a motion to approve and it was a tie vote so there is not a favorable recommendation. If anybody wants to make another motion that is possible. Otherwise, the vote will be reported to the Board. Mr. Keller asked if anyone would like to make another motion. Hearing none, the action stands. Mr. Lafferty said he thinks it sends a message to the Board. Ms. Firehock noted that it is a difficult one. Ms. Echolsp ointed out staff will report this action to the Board of Supervisors tomorrow. Mr. Keller thanked everyone. MOTION FOR APPROVAL FAILED, by a vote of 3:3:1 (Lafferty/More/ Riley/Spain, absent). If you need further information,please let me know. Sharon C.Taylor, CMC Clerk to Planning Commission & Planning Boards 401 McIntire Road Charlottesville,VA 22901-4596 (434) 296-5832 Ext. 3437 Fax: (434)972-4126 staylorPalbemarle.org 2 ' (iiiiiii Ct.4 1 Elaine Echols 1 From: Elaine Echols I Sent: Friday, May 13, 2016 2:31 PM I To: 'Neva Harrell' Subject: RE: Attachments: HTC A-2 Proffer rev 5-7-2016 (pocket park phasing)nlh accept 5-12-16 eke 5-13-16.docx See attachment.Glad you double checked them. Please accept changes if you agree and send back to me Monday'a.m. so I can get them going on their way. Elaine From: Nena Harrell [mailto:ulcwww@embarqmail.com] Sent:Thursday, May 12,2016 3:45 PM To: Elaine Echols<EECHOLS@albemarle.org> Cc:• Rebecca Ragsdale<rragsdale@albemarle.org> Subject: FW: Elaine, Have not had much time to review your redline and hand noted one but thanks for redline; however, I have found a couple of omissions. Main one being on attached page. Also on p 4 the multifamily/apartment proffer amount should be$11,900 and there is wording left out re denominator calc after"ended..." and sentence starting with "For each..., on 1 2nd line from bottom of paragraph. . I I can either send with those issues to correct tomorrow or if you can get to me today,l will get right back to you. I am copying Rebecca in the event you are busy. IThanks From: United Land Corp [mailto:ulcwww2@embargmail.com] Sent:Thursday, May 12, 2016 3:26 PM To: 'Nena' Subject: i i 1 1 4 4 1 ] I 1 Elaine Echols il From: Elaine Echols Sent: Thursday, May 12, 2016 2:12 PM To: 'Nena Harrell' Subject: RE: HTC A2 You can wait on the signature until I get Greg's official check off. Thanks. s Elaine Original Message From: Nena Harrell [mailto:ulcwww@embargmail.com] AI Sent:Thursday,May 12,2016 2:07 PM To: Elaine Echols<EECHOLS@albemarle.org> ISubject: Re: HTC A2 p 1 I will have them there. Do u need original signature? y i Nena Harrell I I Sent from my iPhone >On May 12, 2016, at 11:55 AM, Elaine Echols<EECHOLS@albemarle.org>wrote: > Hey, Nena, I need the correct proffers by the end of today. If I don't have them,we will need to pull this from the June 8 public hearing. >Thanks. >Elaine t > Original Message 1 >From: Nena Harrell [mailto:ulcwww@embarqmail.com] I >Sent:Wednesday, May 11, 2016 12:25 PM 1 >To: Elaine Echols<EECHOLS@albemarle.org> 1 >Subject: RE: HTC A2 1 1 > Elaine >Yes and please send in word if possible. I have funeral this afternoon but can get to you tomorrow morning. I really can't figure this out. We may need to talk tomorrow. I used ones from 2010. >Thanks, > Nena > > 1 > Original Message I >From: Elaine Echols[mailto:EECHOLS@albemarle.org] >Sent:Wednesday, May 11, 2016 11:46 AM I 1 4,4 A 1 Elaine Echols , From: Elaine Echols Sent: Thursday, May 12, 2016 11:56 AM To: 'Nena Harrell' Subject: RE: HTC A2 `i Hey,Nena, I need the correct proffers by the end of today.If I don't have them,we will need to pull this from the June 8 11 public hearing. Thanks. I Elaine 1 Original Message F From: Nena Harrell [mailto:ulcwww@embargmail.com] :J Sent:Wednesday, May 11,2016 12:25 PM I To: Elaine Echols<EECHOLS@albemarle.org> Subject: RE:HTC A2 ri Elaine 111 Yes and please send in word if possible.I have funeral this afternoon but can get to you tomorrow morning. I really can't figure this out. We may need to talk tomorrow. I used ones from 2010. A Thanks, J Nena 4 A 1 1 Original Message From:Elaine Echols [mailto:EECHOLS@albemarle.org] Sent: Wednesday, May 11,2016 11:46 AM To:Nena Harrell Subject: RE: HTC A2 Hi Nena, I found other places in the proffers you provided that weren't the same as what was in the 2010 proffers.These include the cash proffer,the reference to specific blocks for the Pocket Park proffer,and the phasing plan. If you want,I can send you a track changes copy. Elaine Original Message 1 From: Elaine Echols Sent:Wednesday, May 11,2016 10:51 AM j To: 'Nena Harrell'<ulcwww@embargmail.com> Subject:RE: HTC A2 Hi Nena, 1 The attached proffers reflect the changes you agreed to at the PC meeting. 1 j ,: Iiiiiet, i (1.,,illi„ Elaine Echols ;411 From: Elaine Echols Sent: Wednesday, May 11, 2016 12:34 PM To: 'Nena Harrell' Subject: RE: HTC A2 Attachments: HTC A-2 Proffer rev 5-7-2016 (pocket park phasing)eke.docx The hand marked copy that I sent you is what was approved in 2010 with the changes you agreed to with the PC. 1 Using the proffers you sent on Monday, I have added back in the words from the approved 2010 proffers. ;* Please double check with the hand marked copy I sent you today. If you think that you did not agree to these, let's talk. ,i' Elaine .1 Original Message l From: Nena Harrell [mailto:ulcwww@embargmail.com] Sent:Wednesday, May 11,2016 12:25 PM To:Elaine Echols<EECHOLS@albemarle.org> _ Subject: RE: HTC A2 1 :1 Elaine Yes and please send in word if possible. I have funeral this afternoon but can get to you tomorrow morning. I really can, .j figure this out. We may need to talk tomorrow. I used ones from 2010. Thanks, Nena 1 Original Message From: Elaine Echols [mailto:EECHOLS@albemarle.org] Sent:Wednesday, May 11,2016 11:46 AM To: Nena Harrell ,. Subject: RE: HTC A2 i Hi Nena, I found other places in the proffers you provided that weren't the same as what was in the 2010 proffers.These include 1 the cash proffer,the reference to specific blocks for the Pocket Park proffer, and the phasing plan. If you want, I can send you a track changes copy. Elaine 1 Original Message From: Elaine Echols Sent:Wednesday, May 11, 2016 10:51 AM 1 To: 'Nena Harrell'<ulcwww@embargmail.com> I Subject: RE: HTC A2 1 ?.: 1 0 0 Hi Nena, The attached proffers reflect the changes you agreed to at the PC meeting. Unfortunately,what you sent me on Monday was not it.The proffers you sent on Monday contained changes to affordable housing that weren't discussed by the PC. I have marked up a copy of the 2010 proffers where corrections are needed to be in keeping with the PC's expectations. I know you have multiple copies of proffer changes on your computer, dating from the 2010 zma to the second 2016 zma for HTC A2,so I understand howconfusing it can be to grab the right ones out of the file. I think that if you find the proffers on your computer with a date of something like Dec. 2015 or Jan.2016,you will have a better start on making the changes conveyed at the PC meeting. I need the correct proffers so that I can let Ella know to advertise this. Please send them to me asap. Thanks. Elaine Original Message From: Nena Harrell [mailto:ulcwww@embargmail.com] Sent: Monday, May 09, 2016 3:02 PM To: Elaine Echols<EECHOLS@albemarle.org> Subject: RE: HTC A2 Elaine, Attached are revised proffers reflecting 10,000 SF pocket park. I actually found another doc that I labeled final amended w proffers in 2010 that shows the 4500 SF; however,since are not dealing with this now,we can review and confirm at a later date. Do you need original signature or email signature today> Thanks, Nena Original Message From: Elaine Echols [mailto:EECHOLS@albemarle.org] Sent: Friday, May 06, 2016 3:28 PM To: Nena Harrell Subject: RE: HTC A2 I just checked.You paid for the BOS hearing when you paid for the PC ad. Please just bring in your revised proffers. Thanks. Original Message From: Embarq [mailto:ulcwww@embargmail.com] Sent: Friday, May 06, 2016 1:53 PM To: Elaine Echols<EECHOLS@albemarle.org> Subject: Re: HTC A2 Thanks. Had planned to get today but will have Monday for sure. How much do we owe for public hearing? We paid proffer amendment fee. 2 1 3 } Elaine Echols From: Elaine Echols Sent: Wednesday, May 11, 2016 11:46 AM To: 'Nena Harrell' 4 Subject: RE: HTC A2 Hi Nena, I found other places in the proffers you provided that weren't the same as what was in the 2010 proffers.These include the cash proffer,the reference to specific blocks for the Pocket Park proffer, and the phasing plan. If you want, I can 1 send you a track changes copy. Elaine 91 Original Message From: Elaine Echols j Sent:Wednesday, May 11,2016 10:51 AM lj To:'Nena Harrell'<ulcwww@embarqmail.com> I Subject:RE: HTC A2 1 1 Hi Nena, i The attached proffers reflect the changes you agreed to at the PC meeting. Unfortunately,what you sent me on Monday was not it.The proffers you sent on Monday contained changes to affordable housing that weren't discussed by the PC.'I i have marked up a copy of the 2010 proffers where corrections are needed to be in keeping with the PC's expectations. I know you have multiple copies of proffer changes on your computer, dating from the 2010 zma to the second 2016 :I zma for HTC A2,so I understand how confusing it can be to grab the right ones out of the file.I think that if you find the Ij proffers on your computer with a date of something like Dec. 2015 or Jan. 2016,you will have a better start on making the changes conveyed at the PC meeting. I need the correct proffers so that I can let Ella know to advertise this. Please send them to me asap. I Thanks. 1, Elaine 1 Original Message I From: Nena Harrell [mailto:ulcwww@embargmail.com] Sent: Monday, May 09,2016 3:02 PM To: Elaine Echols<EECHOLS@albemarle.org> Subject:RE: HTC A2 Elaine, 1 Attached are revised proffers reflecting 10,000 SF pocket park. I actually found another doc that I labeled final amended 1 w proffers in 2010 that shows the 4500 SF; however, since are not dealing with this now,we can review and confirm at a later date. Do you need original signature or email signature A today> i Thanks, 1 Elaine Echols 1 From: Elaine Echols Sent: Wednesday, May 11, 2016 10:51 AM j To: 'Nena Harrell' Subject: RE:HTC A2 Attachments: proffer corrections 5-11-16.pdf to ] 1 Hi Nena, :11.,' The attached proffers reflect the changes you agreed to at the PC meeting. Unfortunately,what you sent me on Monday was not it.The proffers you sent on Monday contained changes to affordable housing that weren't discussed by the PC.l I have marked up a copy of the 2010 proffers where corrections are needed to be in keeping with the PC's expectations. li I know you have multiple copies of proffer changes on your computer,dating from the 2010 zma to the second 2016 zma for HTC A2,so I understand how confusing it can be tograb the right ones out of the file. I think that if you find the proffers on your computer with a date of something like Dec.2D15 or Jan.2016,you will have a better start on making the changes conveyed at the PC meeting. I need the correct proffers so that I can let Ella know to advertise this.Please send them to me asap. iThanks. Elaine j I Original Message---- From: Nena Harrell [mailto:ulcwww@embarqmai l.com] Sent: Monday, May 09,2016 3:02 PM - To: Elaine Echols<EECHOLS@albemarle.org> Subject: RE: HTC A2 j Elaine, 1, Attached are revised proffers reflecting 10,000 SF pocket park. I actually found another doc that I labeled"final amended w proffers in 2010 that shows the 4500 SF; however,since are not dealing with this now,we can review and confirm at a later date. Do you need original signature or email signature today> 1 Thanks, Ji Nena 1 Original Message From: Elaine Echols [mailto:EECHOLS@albemarle.org] Sent: Friday, May 06,2016 3:28 PM To: Nena Harrell Subject: RE: HTC A2 just checked.You paid for the BOS hearing when you paid for the PC ad. Please just bring in your revised proffers. I Thanks. 1 1 a 0 0 Original Message From: Embarq [mailto:ulcwww@embargmail.com] Sent: Friday, May 06, 2016 1:53 PM To: Elaine Echols<EECHOLS@albemarle.org> Subject: Re: HTC A2 Thanks. Had planned to get today but will have Monday for sure. How much do we owe for public hearing? We paid proffer amendment fee. Nena Harrell Sent from my iPhone >On May 6,2016,at 1:27 PM, Elaine Echols<EECHOLS@albemarle.org>wrote: > Hi Nena, >There are a lot of projects going to the BOS in the next few months >which makes it hard to get dates on the BOS agenda for public hearings. However,after working with the clerk's office, we have been able to get it on the June 8 agenda. >This date is only good if you get us everything we need--payment for >the public hearing and revised proffers--before the close of business on Monday. >Thanks. >Elaine > Original Message >From: Nena Harrell [mailto:ulcwww@embarqmail.com] >Sent: Friday, May 06,2016 12:50 PM >To: Elaine Echols<EECHOLS@albemarle.org> >Subject: RE: HTC A2 >Elaine, >This places our contract in extreme jeopardy. They pulled out after a meeting we had with you and others last fall and then we were able to resurrect.They filed for this project last fall and we filed for the amendment in January and thought we would be heard before June. Incorrect information at pre apps stretched out the process and required additional fees.We moved past that and now we have another delay. Everyone has spent a lot of money believing we had a good project that would be beneficial to the county, private enterprise and actually produce needed ADU units. Since we began with pre apps last year,the developer has been able to start construction in another locality in the same time frame. The project is not viable with current proffers and we just need j ' to know so they can move on to other developments in other localities. This project produces significant tax revenue as well as actually providing ADU units. It would be a benefit to all (after 9 years)to get some residential units with ADUs built at Hollymead before the contract purchaser(who is a well qualified state wide apartment developer)just gets tired of the process and moves on. We would appreciate being heard in June if at all possible. >Thank you, 2 :x > > Nena (on of behalf of Wendell) > Original Message > From: Elaine Echols [mailto:EECHOLS@albemarle.org] >Sent:Thursday, May 05,2016 5:02 PM >To: Nena Harrell >Subject: RE: HTC A2 > Hi Nena, 1 ] > I am so sorry to have to tell you this,but, I was misinformed as to >when HTC A2 can get to the BOS.They have had LOTS of things come up and the soonest I can get you there is July 13. I am SO j sorry. I hope this`doesn't cause'a major problem. > i >A later date at the BOS gives you until June to resubmit proffers and k > pay for the public hearing. 1 >So sorry. > Elaine ,1 > > Original Message :' > From: Elaine Echols >Sent:Wednesday, May 04, 2016 3:40 PM >To: 'Nena Harrell'<ulcwww@embarqmail.com> >Subject: RE: HTC A2 11 > Hi Nena, > I can't find a signed copy of the approval letter; however, all the 1 >places 1 I have looked contain the approved proffers that say 10,000 sf for the pocket park.The minutes say that you all were going to come back to make the change to the pocket park. j > Elaine 4 > 'a > Original Message 11 >From: Nena Harrell [mailto:ulcwww@embarqmail.com] >Sent:Wednesday, May 04, 2016 2:30 PM >To: Elaine Echols<EECHOLS@albemarle.org> I >Subject: RE: HTC A2 1 > > Hi Elaine, 1 a > > Please call when you have chance. I need to get you revised proffers >for 1 >A-2 ADU and it appears to me that the 4500 SF pocket park was approved 3 11/10/2010. Just want to make sure we are on same page. I >Thanks, J > > Nena 1 3 > Original Message > From: Elaine Echols [mailto:EECHOLS@albemarle.org] >Sent: Friday,April 29,2016 4:59 PM >To: Nena Harrell >Subject: HTC Al > Hi Nena, >I'm sorry I couldn't call you back this afternoon. I've been working >on your staff report with Gerald for May 10 and I am out of the office Monday and Tuesday next week. I will give you a call when I return. > Elaine > Elaine K. Echols, FAICP >Acting Chief of Planning >Albemarle County Community Development >401 McIntire Road >Charlottesville,VA 22902 >434-296-5823 x 3252 4 44 4 443 4 i _ ‘ti:joi ' Cid Claudette Grant From: Claudette Grant Sent: Friday, March 29, 2013 4:29 PM To: Wayne Cilimberg Subject: FW: Hollymead Town Center Ji From: Nena Harrell [mailto:ulcwwwc@embargmail.com] I Sent:Monday,March 04, 2013 11:38 AM I To: Sarah Baldwin; Claudette Grant Subject: Hollymead Town Center 1 Sarah and Claudette, -1 Pursuant to our meeting,we hereby request staff to defer proffer amendment request on section A-1. We also ask that the Board of Supervisors defer proffer amendment request on A-2. As we discussed the market has changed dramatically since the proffers were adopted. And as a reminder,we had sold ri the property at the time the'proffers were adopted and now we`have been forced to take the property back by deed in lieu. Development has been verydifficult at best; however,fortunatel b takingtheproperty back we were successful PY Y in building Town Center Blvd.(which the residents of Earlysville must love due to the traffic), Meeting Street and getting 7 Kohl's open plus some other tenants. However,as we all know, the market just isnot anywhere near the same.As we also discussed and agreed, it would make more sense to review A-1 and A-2 comprehensively. We agree that merging A-1 and A-2 and reviewing comprehensively should produce a more cohesive development. 1. Thank you for assistance and input into how to handle the proffer issues. Nena Harrell (on behalf of Wendell W.Wood) Vice President/Broker United Land Corporation P.O. Box 5548 Charlottesville,VA 22905 434-975-3334 1 C `L O .t C3 . - . J OV T`" ` L E? . ' 1 i 4 A" 3 1 1 4 II 1 COUNTY OF ALBEh ARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone 434) 296-5832 Fax 434 972-4176 March 14, 2016 Route 29 LLC Wendell W. Wood P.O. Box 5548 Charlottesville, VA 22905 RE: ZMA 2016-00001, Hollymead Town Center A -1 -Amendment Dear Mr. Wood: Staff has reviewed your initial submittal for a zoning map amendment (ZMA). We have a number of questions and comments which we believe should be considered before your ZMA moves forward to the Planning Commission. We would be glad to meet with you to discuss these issues. All comments from all reviewers are provided in this letter, however the major issues that will need to be addressed before moving forward to the Planning Commission are listed below. Many of these show up in other comments by each reviewer listed in this letter, however it is important to identify the major concerns, and these should be addressed with a resubmittal: Planning Comprehensive Plan. The proposed development is within Places 29 Master Plan of the Comprehensive Plan ("Plan") and designated as Urban Mixed Use in Centers. It is also subject to the Albemarle County Affordable Housing Policy, which is 15% of the total number of units. 1. The original rezoning predates the current Housing Policy and proffered 20%. The Applicant is proposing to reduce the existing proffer to the Housing Policy which is 15%. Staff can support this change. Action after Receipt of Comments After you have read this letter, please take one of the actions identified in the attachment "Action After Receipt of Comment Letter." Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule is provided for your convenience. 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. Prior to scheduling a public hearing with the Planning Commission the following must be paid: $ 215.00 Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner after 50 adjoining owners) $ 115.70 Legal ad cost for Planning Commission $ 330.70 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. $115.70 Additional amount due prior to Board of Supervisors public hearing $446.40 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 same 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. My phone number is (434) 296-5832, x. 3313, and my email address is sbaidwin@albemarle.org. Sincerely, T-J� Sarah D. Baldwin Senior Planner Planning Services 0 DEPARTMENT OF COMMUNITY DEVELOPMENT 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.or 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 3 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. Ll 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.................................................................................................................................$1,075.00 Each additional resubmittal..............................................................................................$538.00 2. Public utilities; application and first resubmission Fee.................................................................................................................................$1,075.00 Each additional resubmittal..............................................................................................$538.00 3. Day care center; application and first resubmission Fee.................................................................................................................................$1,075.00 Each additional resubmittal..............................................................................................$538.00 4. Home occupation Class B; application and first resubmission Fee.................................................................................................................................$1,075.00 Each additional resubmittal..............................................................................................$538.00 5. 5. Amend existing special use permit; application and first resubmission Fee.................................................................................................................................$1,075.00 Each additional resubmittal..............................................................................................$538.00 6. Extend existing special use permit; application and first resubmission Fee.................................................................................................................................$1,075.00 Each additional resubmittal..............................................................................................$538.00 7. All other special use permits; application and first resubmission Fee.................................................................................................................................$2,150.00 Each additional resubmittal.......................................................................................... $1,075.00 S. Deferral of scheduled public hearing at applicant's request Fee....................................................................................................................................$194.00 B. For amendment to text of zoning ordinance: Fee.........................................................................................................................................$1075.00 C. Amendment to the zoning map: 1. Less than 50 acres; application and first resubmission Fee.................................................................................................................................$2,688.00 2. Less than 50 acres; each additional resubmission Fee.................................................................................................................................$1,344.00 3. 50 acres or greater; application and first resubmission Fee.................................................................................................................................$3,763.00 4. 50 acres or greater, each additional resubmission Fee.................................................................................................................................$1,881.00 5. Deferral of scheduled public hearing at applicant's request Fee....................................................................................................................................$194.00 D. Board of Zoning Appeals: 1. Request for a variance or sign special use permit Fee....................................................................................................................................$538.00 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) .......$258.00 3. Interpreting a district map: Fee....................................................................................................................................$258.00 N. Required notice: 1. Preparing and mailing or delivering up to fifty (50) notices: Fee....................................................................................................................................$215.00 plus the actual cost of first class postage 2. Preparing and mailing or delivering, per notice more than fifty (50): 5 Fee........................................................................................................................................$1.08 plus the actual cost of first class postage Published notice: Fee......................................................................................................................................Actual cost GI An li 4 , Q 1 (lid 1 Claudette Grant 11- From: Nena Harrell [ulcwww@embargmail.com] Sent: Monday, March 04,2013 11:38 AM lt To: Sarah Baldwin; Claudette Grant !Subject: Hollymead Town Center 1 I Sarah and Claudette, 11,1 Pursuant to our meeting, we hereby request staff to defer proffer amendment request on section A-1. We also ask that 3-31 the Board of Supervisors defer proffer amendment request on A-2. As we discussed the market has changed dramatically since the proffers were adopted. And as a reminder,we had sold the property at the time the proffers were adopted and now we have been forced to take the property back by deed in 1 lieu. Development has been very difficult at best; however,fortunately by taking the property back'we were successful r;-- in building Town Center Blvd. (which the residents of Earlysville must love due to the traffic), Meeting Street and getting Kohl's open plus some other tenants. However,as we all know, the market just is not anywhere near the same.As we also discussed and agreed, it would make more sense to review A-1 and A-2 comprehensively. We agree that merging 4 A-1 and A-2 and reviewing comprehensively should produce a more cohesive development. n Thank you for assistance and input into how to handle the proffer issues. , v °1 Nena Harrell (on behalf of Wendell W.Wood) Vice President/Broker United Land Corporation P.O. Box 5548 R Charlottesville,VA 22905 434-975-3334 1 CO 1 S - Off'`1`O` . -H T` , " 1 ,, 4 41 f c,t) 'Ill)'1/V/N'— ' .';. rip-/ (14,.. 1 / '' CS 1 Ptd A)11, 14 (. 0 44,0,,.,ji 1 , , f' ),\i,„ ri,,,,i,1„„te,,,,,6441.--, .„1-61 i, 1 , ,e, iii) ��-A 1 o , ., if.„, 1 „,) i . ,I. J,i. ,,,1,,, id--ii.s a•-i'l aolc, I 1 - i 1 (PT , pi,, / 4 s e, � 1\ '`� mol,,o v6p6e.e.eytzi, / / , cfwQ 1 r f (ratO (id Sarah Baldwin From: Victoria Fort <vfort@rivanna.org> Sent: Friday, February 26, 2016 7:50 PM To: Sarah Baldwin Subject: ZMA201600001 Hollymead Town Center Area A-2 Sarah, RWSA has reviewed application ZMA201600001—Hollymead Town Center Area A-2—Proffer Amendment. 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,P.E. Rivanna Water and Sewer Authority 695 Moores Creek Lane 1 Charlottesville,VA 22902 (P):(434)977-2970 ext.205 (F):(434)295-1146 1 (ad (tio Sarah Baldwin From: Alex Morrison <amorrison@serviceauthority.org> g Sent: Thursday, February 25, 2016 8:08 AM To: Sarah Baldwin Subject: ZMA201600001: Hollymead Towncenter Area A-2 Sarah, I have reviewed the above referenced application and have no comments. I hereby recommend approval. I Alexander 3. Morrison,P.E. Civil Engineer A Albemarle County Service Authority 168 Spotnap Road Charlottesville,Virginia 22911 (0)434-977-4511 Ext. 116 (C)434-981-5577 (F)434-979-0698 -31 x 1 1 cio-, (44 4 1 Elaine Echols From: Elaine Echols Sent: Tuesday,January 19, 2016 12:03 PM To: 'Nena Harrell' 1 Cc: David Benish; Francis MacCall 1 Subject RE: HTC A-2 Amended Affordable Housing Proffer 1 11 Hi Nena, ,s1 If all you are requesting is a change to the proffers related to affordable housing,then, no mandatory preapp is needed. Feel free to copy the email I sent you in November to attach to your application. 1,1 Your narrative should say what you want to do and why.The best course of action with your application is to take your existing proffers,change the 20%to 15%and submit.Alternatively,you could say that you wish to reduce the 20% affordable housing proffer to 15%in Proffer 1 of ZMA201000006 and provide a copy of the proffers. We will send you updated standard language when we give you our first review comments. Unfortunately, I can't pull d that information together for you today. I Elaine I From: Nena Harrell [mailto:ulcwww@embargmail.comj Sent:Tuesday,January 19,2016 11:00 AM To: Elaine Echols<EECHOLS@albemarle.org> Cc: David Benish<DBENISH@albemarle.org>; Francis MacCall<FMACCALL@albemarle.org> j Subject: HTC A-2 Amended Affordable Housing Proffer ] I i Elaine, We are submitting affordable housing proffer today and when reviewing correspondence came I across the below email. Can; you please send me the language. I have ;it written but may I prefer to use your language. Also, per application, I do not believe we have official pre' app comment form from County. Do we need a narrative? It will simply state that the amended proffer will be consistent with the current County Policy. 1 Thanks, I 1 Nena 1 f -- --Original Message-- ; From: Elaine Echols [mailto:EECHOLsOalbemarle.org] Sent: Tuesday, November 10, 2015 12:26 PM To: Nena Harrell Cc: Sarah Baldwin Subject: Answers to questions about HTCA2 Hi Nena, 1 ot Please share this information with Wendell. We believe that if Wendell wants something to occur quickly through the process, he needs to limit his request to the reduction from 20% to 15% and modify his affordable housing proffers only to the extent that the words are current, but the substance does not change. We ',ran give,`him standard language to use. If Wendell wants to change his affordable housing proffers in substance, most likely, it will take a while to get through the process. This is because the PC needs to revisit the cash vs. units issue and provide staff guidance on what to do in the interim while it is reviewing the cash proffer policy. The PC is putting together recommendations to the BOS that we get the proffer policy for affordable housing on the work program to revisit the issues of sale vs rental, credit for workforce housing, and cash vs units. With regards to changing the other proffers, we would need to look into the value of the recreation proffer and the 2 acre parcel of land to see how it shakes out in relation to the amount of cash proffer that would be expected in a new rezoning. Sarah has been out sick and is out today, so I am unable to ask her what she has uncovered in the review of the files relative to the cash proffers plus the additional proffers for recreation and land for a recycling center/public facility. I note that in your proffer statement, the cash proffers become effective with the 152nd unit. Maybe the 2 acre parcel and the recreation money was looked at as equivalent to cash for units 1 - 151. I don't know. I will get with Sarah when she returns. Because your proffer of land for a recycling center also allows for other community facilities, we may desire to have the land rather than the equivalent of its value in a cash proffer. With regards to a mandatory preapp before submitting a ZMA, if all you are doing is to reduce the percentage of affordable units from 20% to 15%, then you wouldn't need another preapp. If you are doing more than that, we would need to have you come in again with your proposed changes so that we can provide you formal written comments. At that time, we can advise you on the value of the cash proffers. I hope this information is what you need to move on to the next step. Elaine Elaine K. Echols, FAICP Principal Planner - Albemarle County Community Development 401 McIntire Road Charlottesville, VA 22902 434-296-5823 x 3252 2