October 28, 2005



Tim Miller

Rivanna Engineering

1350 Stony Point Road

Charlottesville, VA 22911


RE:      SP 2004-024 Northtown Center (Sign #8) and SDP 2004-045 Northtown Center

            Tax Map 45, Parcels 110, 110A, 111, 111A and 111B


Dear Mr. Miller:


The Albemarle County Planning Commission, at its meeting on October 18, 2005, unanimously approved SDP 2004-045 and unanimously recommended approval of SP 2004-024 to the Board of Supervisors. Additionally, the Commission approved your motion for Modification of Section 4.2.3 to allow activity on critical slopes on SDP 2004-024.


Regarding SP-2004-024 (drive through associated with the bank):


The Commission unanimously recommended approval of SP 2004-024 to the Board of Supervisors.

Please note that this approval is subject to the following conditions:


1.       A by-pass lane, 16’ minimum width shall be provided.  Striping and lane widths must be shown on the final plan.


Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on November 9, 2005. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date.


Regarding request for modification of Section 4.2.3 to allow activity on critical slopes:


The critical slopes waiver for Northtown Center was approved based on the finding that the strict application of the requirements of Section 4.2. would not forward the purposes of the chapter that otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer would satisfy those purposes at least to an equivalent degree, subject to the following conditions:


  1. In addition to all other erosion and sediment control measures that may be required by the Water Protection Ordinance, the applicant shall provide erosion and sediment control measures to assure, to the satisfaction of the Program Authority, that it is providing high levels of effectiveness in controlling sediment during construction.  These measures shall include, but not be limited to:



  1. In addition to all other storm water management requirements that may be required by the Water Protection Ordinance:


a.     The stormwater management plan shall include additional measures determined by the Program Authority to be necessary in order to capture, to the maximum extent practical, the runoff from the site, both during and after construction.

b.     The stormwater management plan shall include measures to prevent, to the fullest extent possible, damaging conditions to downstream properties and receiving waterways from occurring as a result of the development of the site, both during and after construction.

c.     In order to allow the Program Authority to develop appropriate measures to satisfy paragraphs (a) and (b) of this condition, the applicant shall submit data demonstrating the peak flow of runoff from the site and the peak flow of runoff coming onto the site.  [Albemarle County Codes Sections 17-31, 17-314(D)]


3.       In the plan during construction the sequence of the storm water management addresses the switching over of the stream flow, if any;


4.       In conjunction with the final site plan, sufficient landscaping and screening shall be provided to screen adjacent residential properties from areas of disturbed critical slopes; and


5.       All of the other conditions recommended by staff.



Regarding SDP-2004-045:


The Commission, by a 5:1 vote, approved SDP-2004-045 with the following conditions recommended in the staff report; based on the other actions just taken and an additional condition that the final site plan come back for Planning Commission review.


The approval of the preliminary site plan is valid for (1) one year in accordance with Zoning Ordinance Section  Therefore, the preliminary approval shall expire October 18, 2005.  If the preliminary site plan approval expires, a new application must be filed and processed.


Please address all of the requirements and conditions listed below and submit eight (8) tentative plan copies to the Community Development Department.  This letter must be submitted with the tentative plans, as a checklist, to document that you have addressed all requirements or conditions, or the tentative plan will be denied. 


The Erosion and Sediment Control Plan and the BMP Stormwater Management Plan, with the associated applications and fees, may also be submitted with the eight (8) tentative Plans.  Failure to do so will result in a separate application to be filed with the County at a later date.


After the initial tentative plan submittal, each department/agency will contact you to discuss any remaining conditions.  After all aforementioned department/agencies have granted a tentative approval, you may submit the final mylars (2 sets), one blueprint copy, final site plan application, final site plan fee, and a copy of all written tentative approvals to the Community Development Department for signature.


The final site plan will be subject to all final site plan requirements (Zoning Ordinance Section 32.6), in addition to the following conditions.


            The Planning Department shall not accept submittal of the final site plan for signature until tentative approvals for the following conditions have been obtained.  The final site plan shall not be signed until the following conditions are met:


1.       Architectural Review Board issuance of a Certificate of Appropriateness.

2.       Virginia Department of Transportation approval of entrance design, signal improvements, frontage and turn lane improvements as well as any associated road plans and drainage plans. 

3.       Albemarle County Service Authority approval including approval of the design of the relocated sanitary sewer meeting ACSA standards with no portion located within storm water management facilities.

4.       Current Development Division approval of:

a.       Minimum sight distances within parking areas/travelways.

b.       Design/location of curbed islands in the parking lot.

c.       Stormwater BMP plans and calculations.

d.       Stream Valley design which is acceptable to the Architectural Review Board.  Based on the plan reviewed by the Architectural Review Board at its meeting on October 3, 2005 and included as Attachment A marked WDF, 10/09/2005. 

e.       Approval of revised parking calculations to account for any parking lost by condition d, to include if necessary, a reduction in building space. 

f.        Retaining wall designs for any walls of 4 feet or greater.

g.       Landscape plan, to include a conservation plan for all trees proposed to remain.

h.       Lighting plan.

i.         Subdivision plat combining the parcels into a single parcel or realignment of existing parcel boundaries to result in lots meeting minimum requirements for building construction. 

j.         Necessary access, utility easements.

k.       The 18' retaining wall on the northern side of the site cannot disturb the undisturbed buffer for a footing or reinforcing grid.  The plan must be revised as necessary, or provide computations, details and construction methods to avoid disturbance of the buffer.

l.         Grading to the edge of the undisturbed wooded buffer on the sides of the site will likely cut tree root systems, damaging and eventually killing trees.  On final plans, the grading should be moved back, or specific trees surveyed and marked on plans to ensure survivability of trees within the undisturbed buffer.

5.       Fire Marshall approval.

6.       Building Official approval.

7.       The final site plan shall be subject to Planning Commission review.


View staff report and attachments

View PC minutes

Return to regular agenda


If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832.






William D. Fritz, AICP

Chief of Current Development