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HomeMy WebLinkAboutZMA201000014 Action Letter Zoning Map Amendment 2011-03-18Al, o� �'IRGINZP 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 18, 2011 Wendell Wood P.O. Box 5548 Charlottesville, VA 22905 RE: ZMA201000014 Hollymead Town Center (Area A -1) TAX MAP /PARCEL: 032000000042A0, 04600000000500, 03200000004400 (portion), 03200000004500 (portion) Dear Mr. Wood: apologize for the delay in getting this letter to you. On January 12, 20111 the Albemarle County Board of Supervisors approved the above referenced zoning map amendment for the above referenced parcels, amending the existing proffers in accordance with the attached proffers dated January 12, 2011. Please refer to this document for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no future uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with applicable PROFFERS; • approval of and compliance with SITE PLAN; and • approval of ZONING COMPLIANCE CLEARANCE. If you have questions or comments regarding the above -noted action, please do not hesitate to contact Ron Higgins at 296 -5832, Sincerely, V. Wayne Cilimberg Director of Planning Cc: Applicant Owner Tex Weaver Chuck Proctor (VDOT) Steve Allshouse Sherri Proctor Sarah Baldwin File Amended Proffer: X Amendment: I PROFFER FORM Date: January 12, 2011 ZMA 4: ZMA 2010-00014 Hollyinead Town Center Area A -1 Tax Map Parcel plumbers: 32 -42A, 32 -44 (portion), 32--45 (portion) and 46 -5 59,162 Acres to be rezoned from PD -MC to PD--MC Tax Mal) Parcel NUmbers: 32 -42A, 32 -44 (portion), 32 -45 (portion) and 46 -5, comprising approximately 59.1 62 acres are subject to rezoning application ZMA 201000014 and to this Proffer Statement (the "Property"). The Property is described with more particularity on a plan entitled "ZMA Ap1)1i cat ion Plan far PD -MC Portion of HoIlymead Town- Center Area A, Sheets A1, A2, A3, A4, A5, Exhibit A, arid Exhibit B," approved September 12, 2007, hereinafter referred to as "the Project," prepared by Dominion Development Resources LLC, (the "Application Plan "). The Owner- of the Property is Route 22, LLC, a Virginia limited liability company (the "Owner"). The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property to Planned Development Mixed Commercial (PD -MC) as requested, the Owner shall develop the Property rn accord with the following proffers pursuant to Section 1.5,2 -2303 of the Code of, Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that the conditions are reasonable, These proffers supersede those accepted in conjunction with ZMA 2005 -- 015 provided that, if rezoning application ZMA 2010 -00014 is denied, these proffers .shall immediately be nU l! and void and of no further force and effect, and the proffers accepted in conjunction with ZMA 2005-015 shall reinai n in full force and effect. �. Road Improvements - To the extent not currently completed, the Owner shall design, construct and dedicate to public use for acceptance by VDOT the 1•oads listed in Proffer 1(B) as provided herein: A. Design and construct. The roads shall be constructed in accordance with road plans subinitted by the Owner and approved by the Virginia Department of Transportation ("VDOT"). All of the foregoing , improvernents shall be constructed to VDOT design standards pursuant to detailed plans agreed to between the Owner, the County and VDOT. B. The roads and the time of their com leti-on. The following . roads ' shall be designed and constructed by the milestones provided herein: 1. within two years from the date of approval of the first site 12. lan or subdivision lat. The road l plans for the following roads will be submitted to VDOT and the County with the first site plan or subdivision plat, and the following roads shall be will be constructed and accepted by VDOT within two years from the date of approval of the first site plan or subdivision plat: a. A continuous right turn lane on Route 29 sor.rthboLrnd froinrthe intersection of Town. Center Drive to the southern boundary of Area A. This proffer, identified as Proffer .I A from ZMA 2405 -- 00015, has been satisfied. b. An entrance to Route 29 southbound (ri -ght in eight out only) in the area to the south of building B, as shown oil the Application Plan, This proffer, identified as Proffer I C frorn ZMA 2005-00015, has been satisfied. 2. within one ear• after the date of a p roval of ZMA 2005-00015. within one (I ) year after dic date of (-,ipproval of ZMA. 2005• - 00015, the following roads sha! I be. completed: a. Meetilig Street f-om the intersection of Town Centei- Drive to the ilortherri boundary of Ar•eci A. Meeting Street will have two 11orthbOLrnd and two soLlthboLmd travel lanes, mic iior'thbnund aIld one SOLIthbOLMd bicycle lane. Initially, one lalle in each direction in�iy be UtiliZCd as on- street parking. Town Center- Drive (I)I'CViOLISly Access Road A) From the eastern edge of the NIA D zoning bOLndary at the intersection of Meeting Street to its intersection with State Route 606, also known as Dickerson Road, This section of Town Center Di-ivc shall be COnstructCCl to accommodate two travel lanes, with a cross sectioli approved by the COLII1ty acid VDCT ill a minimum 60 -foot wide right -of play. 3, Within one year..after re nest b the County, within orle.(I) year after request by the CoLinty, Meeting Street from the intersection of Town Center Drive to the southern boundary of the Property. C. WIICII COIZSt1'LiCtiOII deemed com Clete, Foi• purposes of Proffer 1(B)(2) and (3)), COIlStr•Lrction of each street shall be deemed complete Mien it is ready to be recommended by the Albemarle COLIIIt�/ Board of Supervisors for• acceptance into the state-maintained system, and the owner has obtained from the County Engineer a written determination that the street is safe and convenient for traffic, 2. Regional Ti •arrs ortation Stud - The Owner- shall contribute $59,000.00 cash to the County or VDCT for the purposes of funding a regional transportation study foi• the Route 29 corridor-, The $59,000.00 cash contribLition shall be made, prior to the first site plan approval for Area A -1, This proffer-, identified as Pr'affer 2 from ZMA 2005 - 00015, has been satisfied. 3. Public Transit Sto Ccnstr�urction Tl�e C�wr�er- sl�all constrLict one public transit stop within I:-1,o llymead ToNvn Centei- Area A-1. The location of the public transit stop shall be identified oil the apps oved Application Plan and retained ill the County files. The location shall be approved by the Director of Planning, prior- to approval of the first sLibdivisioii plat oi• site plan for Hollyrnead Town Center- Area A -1, C017stl'Llc6011 of the pUbIic transit stop shall occur-. r11 coltj1111ctlol7 with r ill 1)I "overnents for the first site plan or' the public street plans which il7clude the area for the transportation stop, The design of the l)ublic transit stop shall be subject to approval by VDCT and the County EngirleCr, and shall include, no less thaii 200 square feet of paved surface and two benches. $-so, 000 4. Public Tremisi.t o_laerathig. Ex eixses -- Within thirty days after demand by the Co ty after pLlb ' traiis p orta-tioii service is provided to the Project, the Owner shall contribute cash o the County to be used for- operating expenses relating to such service, and shall co'lltribute L cash to the County each year thereafter for a period of nine (9) additional years, such that the cash contributed to the County puI•suant to this Proffer 4, shall total Hundred i4f+y Thousand Dollars �� }• The cash contribUtion ill years two through ten sl 11 be paid by the anniversary date of e first cot- itr-ibLition. s f 2 �. Intersection Analysis - The Owner shall submit an analysis of the Conner Drive and Town Center Drive intersection witli the first site plan for the Project. The analysis shall be prepared by a qualified traffic engineer for the purpose of determining where the intersection would need to be signalized, The analysts should take a five (5) year projection to determine, based on the submitted site plan, when the intersection would requrl•e a signal. The analysis shalt be submitted for review and approval by the Cotrnt)► Ellgirleer•. If that analysis concludes the need for the intersection to be signalized within the five (5) year projection period, the Owner shall pay for the cost.of the sig»al and synchronization when VDOT determines the signal is needed. This proffer, identified as Proffer 5 from ZMA. 2005 -- 00015, has beers satisfied 6. Calmmun Development A.utli - Upon the request of the COL111ty, the Owner shall petition for and consent to a Cor11r1Ilrrr1ity Development ALIthor-ity ( "CDA ") established pursuant to Section 15.2- 5152, et seq. of the Code of Virginia ( "Code ") to be created for• the pLirpose of financing, funding, planning, establishing, constructing, reconstructing, enlarging, extending, or maintaining (except to the extent VDOT maintains any public improvements) Route 29, and roads and other improvements associated therewith. 7. Critical ,Slapes,Drasion and Sediment Control and Stormvater Managerient A. Critical Slopes. The Owner shall apply for critical slope waivers for any roads located in critical slopes governed by § 18 -4,2 et seq. of the Albemarle County Code. B. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable as determined by the County's Program Authority, provide additional erosion and sediment controls to achieve a sediment removal rate of eighty percent (80 %) for the Property. (As a reference, current regulatory structural measures achieve a 60% optimal removal rate.) C. Revegetation, within nine (9) months after the start of grading under any erosion and sediment control permit, permanent vegetation shall be installed on al the denuded areas, except far areas the Program Authority determines are otherwise permanently stabilized or are under construction b with an approved building pern.ait. A three (3) month extension for the installation of permanent vegetation nmy be granted by the Program Authority due to special circulnstances including but not limited to weather conditions. D. Stormwater. The Owner shall, to the maximum extent practicable as determined by the County's Program Authority, provide additional stormwater management to achieve a removal rate 20% better than would otherwise be required by the water Protection Ordinance (Albemarle County Code § 17 -100 et seq.) zp to a maximum of an eighty percent (80 %) removal rate for each phase. 8. Greenwa Dedication - The Owner shall dedicate in fee simple a minimum 4.5 acre "Greenway" to Albemarle County, The land to be dedicated as the Greenway is identified on the Application Plan as "G7"(,;e77M)ay A7-ea dedicati077 to Albemarle Cozmtj� " and shall include all flood plain area along Powell Creek. The owner shall complete the improvements shown on the Application Plan and shall dedicate the Greenway to the County at the time of the first site plan or subdivision plat approval. The Owner shall be responsible for the cost of a survey and preparing the deed to convey the Greenway to the Cour1ty. 9. Greenwax Connection -- Upon the request of the County, the.'Owner shall contribute $50,000 cash to. the County to- provide pedestrian access to arid costs for a signalized, at -grade pedestrian crossing- across Route 29 *to connect Hollymead Tom Center with Hollymead Drive. The final location and construction elements for the trail shall be determined by the Director of Parks and Recreation in Q consultatioil With the Coullty Erlgilleer. The location for the at- -grade crossing and signal shall be determined by the CoLI11ty Ellgirleer ill consultation with the Director of Parrs and Recreation a11d VDOT. This proffer, identified as Proffer 9 from ZMA 2005 - 00015, has becri satisfied. 10. LEED Stan(lar ds for Core and Shell I)eve10 rnent - The Owner shall caLISC the commercial buildings in the Project to be designed and constructed to tweet nlirliML1I11 standards for certification (tweilty-thrce (23) creclit points) LIr1C #e1. 1,E E D Greeil BLIildiilg Rating System for Core and Shel l Develol)ment as set forth ill the U.S. Greed Building Rating System, Version 2,0, July 2006, Pl'ior- to the iSSLlancc of a bLlilCling l)erll.lit, the 0\vner shall SUbnlit a Certification ['ronl a LE ED certified architect to the Director of Co111111Lirlit:y DevelopmeM that the buildings meet LE ED standards: Before the Owner r'egLICSts that a certificate of oCCLIpancy for any h i ld illg for' Which a licensed architect rendered SLICK a certificate, the Owner shall submit to the CoLI nt:y's D i rector• of Community Development a wr•itteil statement from the ar'cliitect that the bUilding 1vas built to the I)lall5 011 which the Certificate was based. I Adclitional I "ublic Space -- The Owner shall Construct) a plaza area, as identified as "Plaza Amcilit .)/" oil the Application Plan, within the Project of no less than 5,000 srllrar'c feet fol' the JR11-pose of I ?LIblic gatller•ing and piss ive outdoor recreation. The plaza slhal l contain areas of permanent oLrtcloor- sc,ati rig, a water f'eatllrc, and landscaping, the design and construction which shall be subject to final site )alai) review and subject to the satisfaction of the Director of Planning. WITNESS the following signature: ROUTE 29 LLC Wen e'll W. Wood Operating Manager COMMONWEALTH 01F-, VIRGINIA, CITY/COUNTY OF , to -wit: • e before me this da y ofJ C .� !�� 201 �, b The foregoing irlStiLI117er1t was acknowledged � S � y g g Weiidell W. Wood, Operating Manager for' Route 29, LC. IVIcommission expires, t�- 4 �� � Lam.. ►��, � Notary ubIic Notary registration IlUmber•: n .1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 February 18, 2011 Wendell Wood P.O. Box 5548 Charlottesville, VA 22905 RE: ZMA201000014 Hollymead Town Center (Area A -1) TAX MAP /PARCEL: 032000000042A0, 04600000000500, 03200000004400 (portion), 03200000004500 (portion) Dear Mr. Wood: The Albemarle County Planning Commission, by a vote of 6:0, recommended approval of ZMA -2010- 00014, Hollymead Town Center (Area A -1) proffer amendments as included in Attachment C, amended as follows: 1. With the modification of proffer dealing with transit to state the sum be cut to $25,000 per year with a sunset date of July 1, 2018; and 2. Proffer 1 (Road Improvements) amendment to include a provision that would allow the County to require construction upon request by the County. Staff will fill in the details using standard language. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on January 12, 2011. 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, Judith Wiegand Senior Planner Planning Division PROFFER FORM Date: December 14, 2010 ZMA #: ZMA 2010 -00014 Hollymead Town Center Area A -1 Tax Map Parcel Numbers: 32 -42A, 32 -44 (portion), 32 -45 (portion), and 46 -5 59.162 Acres to be rezoned from PD -MC to PD -MC Tax Map Parcel Numbers: 32 -42A, 32 -44 (portion), 32 -45 (portion) and 46 -5, comprising approximately 59.162 acres are subject to rezoning application ZMA 2010 -00014 and to this Proffer Statement (the "Property "). The Property is described with more particularity on a plan entitled "ZMA Application Plan for PD -MC Portion of Hollymead Town Center Area A, Sheets A1, A2, A3, A4, A5, Exhibit A, and Exhibit B," approved September 12, 2007, hereinafter referred to as "the Project," prepared by Dominion Development Resources LLC, (the "Application Plan "). The Owner of the Property is Route 22, LLC, a Virginia limited liability company (the "Owner "). The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property to Planned Development Mixed Commercial (PD -MC) as requested, the Owner shall develop the Property in accord with the following proffers pursuant to Section 15.2 -2303 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that the conditions are reasonable. These proffers supersede those accepted in conjunction with ZMA 2005 -015 provided that, if rezoning application ZMA 2010 -00014 is denied, these proffers shall immediately be null and void and of no further force and effect, and the proffers accepted in conjunction with ZMA 2005- 015 shall remain in full force and effect. 1. Road Improvements - To the extent not currently completed, the Owner shall design, construct and dedicate to public use for acceptance by VDOT, the following roads as provided herein: A. Design, construct and dedicate. The road improvements listed below shall be constructed in accordance with road plans submitted by the Owner and approved by the Virginia Department of Transportation ( "VDOT "). All of the foregoing improvements shall be constructed to VDOT design standards pursuant to detailed plans agreed to between the Owner, the County and VDOT. Except for Meeting Street and Town Center Drive as provided in Proffer 1 A(3) below, the road plans will be submitted to VDOT and the County with the first site plan or subdivision plat, and will be constructed and accepted by VDOT within two years from the date of approval of the first site plan or subdivision plat, except as described in Proffer 1 A(3) below: 1. A continuous right turn lane on Route 29 southbound from the intersection of Town Center Drive to the southern boundary of Area A. This proffer, identified as Proffer 1 A from ZMA 2005 - 00015, has been satisfied. 2. An entrance to Route 29 southbound (right in / right out only) in the area to the south of building B, as shown on the Application Plan. This proffer, identified as Proffer 1 C from ZMA 2005 - 00015, has been satisfied. 3. Within one (1) year after the date of approval of this rezoning (ZMA 2005 - 00015), the following streets shall be completed: Meeting Street from the intersection of Town Center Drive to the northern boundary of Area A. Meeting Street will have two northbound and two southbound travel lanes, one northbound and one southbound bicycle lane. Initially, one lane in each direction may be utilized as on- street parking. Town Center Drive (previously Access Road A) from the eastern edge of the NMD zoning boundary at the intersection of Meeting Street to its intersection with State Route 606, also known as Dickerson Road. This section of Town Center Drive shall be constructed to accommodate two travel lanes, with a cross section approved by the County and VDOT in a minimum 60 -foot wide right -of -way. For purposes of this Proffer 1A(3), construction of each street shall be deemed complete when it is ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the state - maintained system, and the owner has obtained from the County Engineer a written determination that the street is safe and convenient for traffic. B. Reserve and dedicate. The Owner shall reserve for dedication and dedicate to public use, upon the written request of the County, the right -of -way for Meeting Street from the intersection of Town Center Drive to the southern boundary of the Property. The land reserved and dedicated shall be at least the minimum width necessary to comply with applicable VDOT standards for the construction and maintenance of the road, and include all necessary easements. The right -of -way shall be dedicated within the period specified by the County, which period shall not be less than 90 days. If the right -of -way is not dedicated in conjunction with a subdivision plat, the Owner shall be responsible for the cost of a survey and preparing the deed to convey the right -of -way to the County. 2. Regional Transportation Study - The Owner shall contribute $59,000.00 cash to the County or VDOT for the purposes of funding a regional transportation study for the Route 29 corridor. The $59,000.00 cash contribution shall be made, prior to the first site plan approval for Area A -1. This proffer, identified as Proffer 2 from ZMA 2005 - 00015, has been satisfied. 3. Public Transit Stop Construction - The Owner shall construct one public transit stop within Hollymead Town Center Area A -1. The location of the public transit stop shall be identified on the approved Application Plan and retained in the County files. The location shall be approved by the Director of Planning, prior to approval of the first subdivision plat or site plan for Hollymead Town Center Area A -1. Construction of the public transit stop shall occur in conjunction with improvements for the first site plan or the public street plans which include the area for the transportation stop. The design of the public transit stop shall be subject to approval by VDOT and the County Engineer, and shall include no less than 200 square feet of paved surface and two benches. 4. Public Transit Operating Expenses - Within thirty days after demand by the County after public transportation service is provided to the Project, the Owner shall contribute $50,000 cash to the County to be used for operating expenses relating to such service, and shall contribute $50,000 cash to the County each year thereafter for a period of nine (9) additional years, such that the cash contributed to the County pursuant to this Proffer 4, shall total Five Hundred Thousand Dollars ($500,000). The cash contribution in years two through ten shall be paid by the anniversary date of the first contribution. If public transit service is not provided to the Project by July 1, 2012, this proffer shall be null and void. 5. Intersection Analysis - The Owner shall submit an analysis of the Conner Drive and Town Center Drive intersection with the first site plan for the Project. The analysis shall be prepared by a qualified traffic engineer for the purpose of determining when the intersection would need to be signalized. The analysis should take a five (5) year projection to determine, based on the submitted site plan, when the intersection would require a signal. The analysis shall be submitted for review and approval by the County Engineer. If that analysis concludes the need for the intersection to be signalized within the five (5) year projection period, the Owner shall pay for the cost of the signal and synchronization when VDOT determines the signal is needed. This proffer, identified as Proffer 5 from ZMA 2005 - 00015, has been satisfied. 6. Community Development Authority - Upon the request of the County, the Owner shall petition for and consent to a Community Development Authority ( "CDA ") established pursuant to Section 15.2- 5152, et seq. of the Code of Virginia ( "Code ") to be created for the purpose of financing, funding, planning, establishing, constructing, reconstructing, enlarging, extending, or maintaining (except to the extent VDOT maintains any public improvements) Route 29, and roads and other improvements associated therewith. 7. Critical Slopes, Erosion and Sediment Control and Stormwater Management A. Critical Slopes. The Owner shall apply for critical slope waivers for any roads located in critical slopes governed by § 18 -4.2 et seq. of the Albemarle County Code. B. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable as determined by the County's Program Authority, provide additional erosion and sediment controls to achieve a sediment removal rate of eighty percent (80 %) for the Property. (As a reference, current regulatory structural measures achieve a 60% optimal removal rate.) C. Revegetation. Within nine (9) months after the start of grading under any erosion and sediment control permit, permanent vegetation shall be installed on all the denuded areas, except for areas the Program Authority determines are otherwise permanently stabilized or are under construction with an approved building permit. A three (3) month extension for the installation of permanent vegetation may be granted by the Program Authority due to special circumstances including but not limited to weather conditions. D. Stormwater. The Owner shall, to the maximum extent practicable as determined by the County's Program Authority, provide additional stormwater management to achieve a removal rate 20% better than would otherwise be required by the Water Protection Ordinance (Albemarle County Code § 17 -100 et seq.) up to a maximum of an eighty percent (80 %) removal rate for each phase. 8. Greenway Dedication - The Owner shall dedicate in fee simple a minimum 4.5 acre "Greenway" to Albemarle County. The land to be dedicated as the Greenway is identified on the Application Plan as "Greenway Area dedication to Albemarle County, "and shall include all flood plain area along Powell Creek. The Owner shall complete the improvements shown on the Application Plan and shall dedicate the Greenway to the County at the time of the first site plan or subdivision plat approval. The Owner shall be responsible for the cost of a survey and preparing the deed to convey the Greenway to the County. 9. Greenway Connection - Upon the request of the County, the Owner shall contribute $50,000 cash to the County to provide pedestrian access to and costs for a signalized, at -grade pedestrian crossing across Route 29 to connect Hollymead Town Center with Hollymead Drive. The final location and construction elements for the trail shall be determined by the Director of Parks and Recreation in consultation with the County Engineer. The location for the at -grade crossing and signal shall be determined by the County Engineer in consultation with the Director of Parks and Recreation and VDOT. This proffer, identified as Proffer 9 from ZMA 2005 - 00015, has been satisfied. 10. LEED Standards for Core and Shell Development - The Owner shall cause the commercial buildings in the Project to be designed and constructed to meet minimum standards for certification (twenty -three (23) credit points) under LEED Green Building Rating System for Core and Shell Development as set forth in the U.S. Green Building Rating System, Version 2.0, July 2006. Prior to the issuance of a building permit, the Owner shall submit a certification from a LEED certified architect to the Director of Community Development that the buildings meet LEED standards. Before the Owner requests that a certificate of occupancy for any building for which a licensed architect rendered such a certificate, the Owner shall submit to the County's Director of Community Development a written statement from the architect that the building was built to the plans on which the certificate was based. 11. Additional Public Space - The Owner shall construct a plaza area, as identified as "Plaza Amenity" on the Application Plan, within the Project of no less than 5,000 square feet for the purpose of public gathering and passive outdoor recreation. The plaza shall contain areas of permanent outdoor seating, a water feature, and landscaping, the design and construction which shall be subject to final site plan review and subject to the satisfaction of the Director of Planning. WITNESS the following signature: ROUTE 29 LLC 0 Wendell W. Wood Operating Manager COMMONWEALTH OF VIRGINIA, CITY /COUNTY OF to -wit: The foregoing instrument was acknowledged before me this day of 12010, by Wendell W. Wood, Operating Manager for Route 29, LLC. My Commission expires: Notary Public Notary registration number: POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re- examined annually.