HomeMy WebLinkAboutZMA201600006 Review Comments Zoning Map Amendment 2017-10-04AL$
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 4, 2017
Mr. Jess Achenbach
Red Dirt Developments
P.O. Box 645
Charlottesville, VA
Re: ZMA201600006 Glenmore K2C Proffer Change
Dear Jess,
It has been some time since staff has heard from you and we are wondering whether you wish to
continue pursuing proffer changes for the above referenced ZMA. As you may recall, the County
accepted your application to reduce the cash proffer amount for certain parts of the Leake
development, originally approved with ZMA 200600016, on April 6, 2016. You requested several
deferrals before asking for a public hearing with the Planning Commission on December 6, 2016.
At that meeting, the Planning Commission recommended denial of your request. You then asked
for another deferral.
On June 5, 2017, you provided revised proffers (see attached). The County determined that the
change in proffers requires a new Planning Commission public hearing. J.T. Newberry, the
reviewing planner, asked your preference for a Planning Commission date but never heard back
from you. Review of this project has now been assigned to me.
The following are comments on the Proffers:
1. What parcels are involved in the rezoning? Please place the correct TMPs on the proffers.
Attached is a copy of the properties we believe you own in Glenmore.
2. Provide the correct acreage if it is not correct. The acreage approved with ZMA200600016 was
111.73 acres. The acreage indicated for the December 2016 Planning Commission public
hearing was 86.23 acres. The acreage requested in the proffers dated June 5, 2017 proffers is
42.42 acres.
3. Add the words, "for these properties" to the end of the second sentence in the first paragraph
so that it reads: "This current proffer statement for the Project (the "Proffer Statement")
supersedes the proffer statement dated November 14, 2007, for ZMA200600016 for these
properties."
4. Add the words, "for each dwelling unit" to the first sentence in Proffer 3 so that it reads: "To
offset public expenditure on Capital Improvements projuects, the Owner shall contribute
sixteen thousand five -hundred ninety dollars ($16,950) in cash for each dwelling unit for the
purposes...."
5. Staff does not recommend that you delete existing proffer #6. Proffer 6 provides for an
enhanced level of erosion and sediment control that is viewed as a positive aspect for the
project. To date, the Planning Commission has not supported requests to eliminate proffers
such as this one.
6. Please provide information to demonstrate how you calculate that two development rights
existed for your acreage prior to ZMA200600016. Our research thus far does not match your
conclusion that there were two development rights specifically attributable to the land
involved in this rezoning request.
Jess, your application is set to expire on December 20, 2017 and staff needs to know if you wish to
pursue a December 19, 2017 Planning Commission public hearing. If so, you must resubmit any
new information for that public hearing no later than October 30, 2017 and the fees for
advertisement must be paid by November 28, 2017. If you have decided not to pursue this
rezoning, we would like to close out the file as soon as possible. Please let me know at your
earliest convenience whether you plan to pursue this ZMA.
Thanks and feel free to call me if you have questions or need additional information
Sincerely,
Elaine K. Echols FAICP
Chief of Planning, Community Development