HomeMy WebLinkAboutZMA201800011 Application Zoning Map Amendment 2018-09-17Albemarle Cr% l inty
Planning Application
Community Development Department
'01 McIntire Road Charlottesville,VA22902-4596
Voice: (4341296-5832 Fax : (434.1972-4126
TMPD 04600-00-00-018#0 Owners):IHAUGH, CHARLES R & ELIZABETH ANN OG
Application # I ZMA201800011
Legal Description ACREAGE ,
Magisterial Dist Rivanna Land Use Primary Residential -- Single-family (incl. modular homes
Current AFD Not Iin A District Current Zoning Primary Neighborhood Model District I f
APPLICATION INFORMATION
Street Address 2575 SEMINOLE TRL CHARLOTTESVILLE, 22911 Entered By
Application TypelZomng Map Amendment
Buck Smith E]
9!1712018
Project BROOKHILL - ZMA
Received Date 09/17/1$ Received Date Final Submittal Date 09/1$/1$ Total Fees
Closing File Date Submittal Date Final Total Paid
Revision Number E==
Comments ARS OK (PER ASHLEY IN FINANCE OFFICE)
WEBSITE HAVING PROBLEMS
Legal Ad
SUB APPLICA
T
ACT
vw,.ec=,apya�s�.c MAUiitid, 6'I tRL�Sii.+,t ETH AMIY 2575 SIRUNPLETR�IIL ':. CHARLt1TTE91VILL-
...... ....:. _._._....... ......... ... .......... ....
ALAN TAYLOR RI4ERBEND DEVELOPMENT 455 SECOND ST, SE CHARLOTTESVILL 22902 4342454932
.......................... _ .. .
;��sn tzt ASHLEY DARES WILLIAMS MULLEN 321 E. MAIN 5T. S 1. UIT11 E 1. 400 CHARLOTTESLTLL ' 22902 434951575 i
Signature of Contractor or Authorized Agent Date
County of Albemarle
3ecgraphicai Data S2NA:es Division - Room
Parcel Property Information
1dclrttue Roar �''5�e;i:arbtt932e,
4':' 4!
2
TMP 04600_00.00-018AO
Legal ACREAGE
Description
Parent TMP _ _ _.
Tax Map04600 Section
00 Block 00 Parcel 01$AO
GPIN 496642924913
Major Subdiv, Acreage —� Total Acres 2$,6$ TMP Inactive? ACTIVE
E-911 STREET ADDRESS INFORMATION
House Num Street Name
Apartment r G
State Zi
2575 SEMINOLE TRL
__......_...._C...HARLOTESVILLE:
....._.............................................................
V..A............229...1..,1
...............1.......... ... ............
OWNER INFORMATION
Name
Street Address
citv1 State Zi
HAUGH, CHARLES R & ELIZABETH ANN OG
2575 SEMINOLE TRAIL I! CHARLOTTESVILLEVA :22901
ADDITIONAL PROPERTY INFORMATION
Agricultural Forest District i Not in SAIF District
- - -
High School District:Albemarle
-
Traffic Zone.
- -- _____
middle School District;+$utherland
_
Voter Precinct Hollymead
F---------__
. Elem. School District !H011vmead
-
Magisterial District'Rivanna
,
--- -
.
-
Metro Planning Area?
Census Block Group; 5
CATS Area'
Census Tran 103
Public water Sewer: Mater A Sewer -
water Supply Protection Area? NO
Other Rural Land? FNO
Watershed: 'South Fork Riyanna (below rEh:.J Development Area? YES
Historical Significance
World Heritage Site ! National Historic LandmarkVirginia Landmark Register National Register of Historic Places
Parcel Has Proffers Parcel Has Easements
Current Land Use Number of Structures
Number of Dwelling Units
Primary. Residential Single-family (incl modular home$)
Secondary Forest i Q` 0
Minor. i Fo
0 rest I]
Comprehensive Plan Land Use plan Area: Hollymead - Places 29
Primary: Neighborhood Density Residential . Other2: ;Unassigned
Secondary: Urban Density Rgsidential Other3 Unassigned
Minor: ! Privately Owned Open Space' Environment Other4 Unassigned
Other--: Unassioned . Others Unassigned _ _ _
Zoning currentZoning
_oni.no Adoated 222980 Zanino f?7'or to 2212980
Primary:'Neiahborhood Model District Rl Residential Agricultural
Secondary; Unassigned + Airport Protection Overlay Unassigned
Minor: Unassioned , Flood Hazard Overlay Unassigned
Natural Resource Extraction Overlay
UnasslOned
Other. Flood Hazard Overlay
.Airport Impact .Area Entrance Corridor Overlay Scenic Stream Overlay
ACTIVITY INFORMATION
- LANN'ING .4CTA,7TIFS
BUILDING ACTZkTrIES
ApplicationNumb CurrentStatus SpecialConditions licationNumh CurrentpermitSt alCwWitions
ZMA2018OOO11 Under Review ARS OK (PER ASHLEY IN
...................... _ ........................ _ ..........
_
SUB201J00188 Denied.................:.....................................:
5rinted On: Monday. September 17 21918
Application for
Zoning Map Amendment
PROJECT NAME: (How should we refer to this application?) "��r�e'b\z Vwl `
9--1`1 Q
TAX MAPPARCEL(s): Ma - VBA • b - \13 0 t}—4r6 -\,�\ 2-;1Q-b�b
4v—kn ett 4b- vag>e -*6- VB D
Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, list those tax map and parcel numbers
A -S- bb Q4 4b- \8 t_
PROPOSAL: REZONE ACRES
PROPOSAL: AMEND ZMA - 2 c' 1 S _ Ob }
FROM ZONING DISTRICT
by doing the following:
TO ZONING DISTRICT
❑
By adding Acres
EXISTING COMP PLAN LAND USE/DENSITY:
from Zoning District
to Zoning District
LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED:
p❑1 Amend an existing Planned District
L7• Amend existing proffers
CONVENTIONAL DISTRICTS - RA, VR, R-1, R-2, R-4,
❑ Amend a Code of Development
R-6, R-10, R-15, C-1, CO, HC, LI, HI, and DCD zoning
districts
EXISTING C� C� PLAN LAND USE/DENSITY-
PLANNED DEVELOPMENT DISTRICTS - MHD, PRD,
1'` A e' '
PUD, NMD, PDMC, PDSC, and PD -11' zoning districts.
LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED:
Are you submitting a preliminary site plan with this application?
❑YES NO
Are you submitting a preliminary subdivision plat with this application?
❑YES NO
Are you proffering a plan with this application? tau.. n% 'ZWi %4i
1
Contact Person (Who should we call/write concerning this project?): AM•s1W +J �CSr \r3l \\ %'CA%-Vs- t-•Ltw\\^e.H
qco
Address 3-Zl 1�' • I(V10"1V_% S+t2120- .9 a City State v (Of Zip 2+70L wy-
Daytime Phone (4'?4--qSl-S-1 z.S E-mail go\a,.liF;58 W�\\tiaaMt2yy. �•
cre•Y1-i
Owner of Record
Address
Daytime Phone C_)
Fax # L�
City
E-mail
State Zip
Applicant (Who is the Contact person representing?): /gal o.An zw,,reA wNQW-r
vw: i -
Address `E�r7 Sciu-S\r SE -s rKA" city GlroWl/e}�tOJ�llC State VA zip 22`%02
Daytime Phone t i}- -'E`t3Z F E-mail wka"®V�.sly"'loWrol oleo• CAYv�
FOR OFFICE USE ONLY ZMA # .L O /V,0PU/) SIGN #
Fee Amount $ Date Paid By who? Receipt N Ck# By:
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9724126
Zoning Map Amendment Application Revised 4/23/2018 Page 1 of 5
Section 15.2-2284 of the C of Virginia states that, "Zoning ordinat and districts shall be drawn and applied
with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability
of property for various uses, the trends of growth or change, the current and future requirements of the community
as to land for various purposes as determined by population and economic studies and other studies, the
transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds,
recreation areas and other public services, the conservation of natural resources, the preservation of flood plains,
the preservation of agricultural and forestal land, the conservation of properties and their values and the
encouragement of the most appropriate use of land throughout the locality."
REOUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for
THE APPLICATION TO BE OFFICIALLY SUBMITTED
® Application Signature Page
® One (1) completed & signed copy of the appropriate checklist (see list on page 3).
® One (1) copy of the Pre -application Comment Form received from county staff
One (1) copy of any special studies or documentation as specified on the Pre -application Comment Form
Seventeen (17) folded copies of a Conceptual Plan for conventional zoning districts (see districts on page 1)
//��
OR
N/0 Seventeen (17) folded copies of an Application Plan for planned development districts (see districts on page 1)
V -\/—Q Seventeen (17) copies of a written narrative
The narrative must be laid out to identify each of the hollered TITLES as follows:
PROJECT PROPOSAL
The project proposal, including its public need or benefit; (be as descriptive as possible)
• For proposed Neighborhood Model District (NMD) - Provide a statement describing how the
proposed district satisfies the intent of Chapter 18 and if one or more characteristics of the neighborhood
model delineated in section 20A.1 of Chapter 18 are missing from the application, then provide a
justification as to why any characteristics cannot or should not be provided with the proposal
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed project's consistency with the comprehensive plan, including the land use plan and the master plan
for the applicable development area;
• For proposed Neighborhood Model District (NMD) -Provide a narrative as to the project's
consistency with the neighborhood model.
IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
The proposed project's impacts on public facilities and public infrastructure.
IMPACTS ON ENVIRONMENTAL FEATURE
The proposed project's impacts on environmental features.
PROPOSED PROFFERS TO ADDRESS IMPACTS
The proposed proffers to address impacts from the proposed project.
Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district
classification would allow. By State Code, proffers must have a reasonable relationship to the rezoning and are
not mandatory. The rezoning must give rise to the need for the proffers; the proffers must be related to the
physical development or physical operation of the property; and the proffers must be in conformity with the
Comprehensive Plan.
Zoning Map Amendment Application Revised 4/23/2018 Page 2 of 5
REQUIRED ATTACHMENTS CO( _NUED
One (1) copv of a local traffic impact statement as required by Virginia Code § 15.2-2222.1 and 24 VAC 30-15540.
61-011 One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s)
composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed
project, both of which shall include a metes and bounds description of the boundaries.
,Taxes, charges, fees, liens owed to the County of Albemarle
As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility
fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle
and have been properly assessed against the subject property, have been paid.
�j
For a Neighborhood Model District (NMD) - new or amendment of an existing NMD
t. -Iva Seventeen (17) copies of the Code of Development satisfying the requirements of section 20A.5.
N/wa One (1) copy of a parking and loading needs study that demonstrates parking needs and requirements and includes
strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in
section 4.12.8, and transportation demand management strategies as provided in section 4.12.12; provided that the
applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for
the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of
the zoning map amendment.
tN/m One (1) copy of strategies for establishing shared stormwater management facilities, off-site stormwater
management facilities, and the proposed phasing of the establishment of stormwater management facilities.
OPTIONAL ATTACHMENTS:
(�ter. c,\ L cel ^ w \\
� 91� Proffer Form signed by owner(s) (1 copy). -D ��
1-W Additional Information, if any. (17 copies) ssf��C VV�
THE FOLLOWING ZONING DISTRICT CHECKLISTS WILL BE USED BY BOTH THE APPLICANT AND
STAFF DURING THE MANDATORY PRE -APPLICATION MEETING.
ALSO CONSULT THE OTHER DOCUMENTS BELOW BEFORE SUBMITTING AN APPLICATION:
CONVENTIONAL ZONING DISTRICT
PLANNED DEVELOPMENT ZONING DISTRICT
CHECKLIST
CHECKLIST
PROFFER FORM (MS Word doc)
STAFF ANALYSIS OF ZMA & SP REQUESTS
WATER AND SEWER EVALUATION CHECKLIST
PLANNING COMMISSION REQUEST FOR INFO
Zoning Map Amendment Application Revised 4/23/2018 Page 3 of 5
VERIFICATION OF THE SIGNATURE ON THIS PAGE MUST HAPPEN BEFORE THE
APPLICATION MAY BE DEEMED COMPLETE
If ownership of the property is in the name of any type of legal entity or organization including, but not limited to,
an LLC, a corporation, a partnership or association, or a trust, then a document acceptable to the County must be
submitted with this application certifying that the person signing below has the authority to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the
owner's written consent to the application and must include any applicable documents authorizing that person to
provide consent. If the applicant is the agent of the owner, a document acceptable to the County must be submitted
that is evidence of the existence and scope of the agency. Please attach the owner's written consent.
o One (1) copy of the applicable ownership information.
CHECK AS
OWNERSHIP OF THE PROPERTY IS A
DOCUMENT TO BE PROVIDED FOR THIS APPLICATION
APPLICABLE
❑
Limited liability company ("LLC")
The articles of organization and when the power is delegated to someone
other than a manager or a member, also the operating agreement.
!
Stock & Nonstock corporation
(1) for a board of directors
(1)
a. Stock - the articles of incorporation or a shareholders
agreement may limit the board's statutory authority.
b. Nonstock - the articles of incorporation and the by-laws,
the latter of which may include a member or director
agreement, may limit the board's statutory authority
(2) for a person expressly authorized
(2) written evidence of that authorization such as a board resolution or
by the board of directors
board minutes
(3) for a committee
(3) an action of the board of directors authorizing the committee to act
the articles of incorporation or the by-laws may limit the statutory
authority
(4) for a corporate officer
4) the by-laws or the delegating resolution of the board of directors.
❑
Partnership
The statement of partnership authority, which may limit the authority of one
or more partners.
❑
Limited partnership
The partnership agreement, or amendments thereto, which may limit the
authority of one or more general partners.
❑
Incorporated & Unincorporated church and
(1) for trustees, an authorizing court order
other religious body
(2) for the corporation holding title, the appropriate corporate documents
(3) for a bishop, minister or ecclesiastical officer, the laws, rules or
ecclesiastical polity of the entity that authorizes the person to hold, improve,
mortgage, sell and convey the property.
Land trust
The deed of conveyance to the trustees and the trust instrument
See Attachment A in the Land Use Law Handbook for a complete list of Authorized Signatories for Land Use Applications
Apof wv^C^-t%Otr-, ,a, n re vie, c z w-, , er. _V:k. l -e
Owner/Applicant Must Read and Sign -ZyyAq ^Z.o\S-�O,O'-+,
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I
also certify that the information provided on this application and accompanying information is accurate, true, and correct to the
best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this
application being provided to me or my designated contact via fax and or email. This consent does not preclude such written
communication from also being sent via first class mail.
Signature of 0\karedALtLnt or Contract Purchaser Date
A,gV�, ,� T_>P ,A C -e S 434-- as l— S-1-2- S
Print Name Daytime phone number of Signatory
Zoning Map Amendment Application Revised 4/23/2018 Page 4 of 5
Required FEES t., -se paid once the application ._ deemed complete:
What type of Zoning Map Amendment are you applying for?
❑ Zonine Man Amendment of less than 50 acres I $2,688
❑ ALL ZONING MAP AMENDMENTS - FIRE RESCUE REVIEW FEE
v✓a✓V
To be Haid after staff review for
Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one
public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by
publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two
fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors.
The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before
the application is heard by a public body.
D Preparing and mailing or delivering up to fifty (50) notices
$215 + actual cost of first-class postage
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.08 for each additional notice + actual
cost of first-class postage
➢ Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(averages between $150 and $250)
➢ Special Exception —provide written justification with application - $457
Other FEES that may apply:
❑
Deferral of scheduled public hearing at applicant's request
$194
Resubmittal fees for original Zoning Map Amendment fee of $2,866
❑
First resubmission
FREE
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1,344
Resubmittal fees for original Special Use Permit fee of $3,763
❑
First resubmission
FREE
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1,881
The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance.
Zoning Map Amendment Application Revised 4/23/2018 Page 5 of 5
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Memorandum
To: Ashley Davies (adavies(a-.williamsmullen.com)
From: Cameron Langille
Date: September 14, 2018
Subject: Mandatory Pre -Application Meeting for Brookhill Proffer Amendment ZMA201500007 on 9-10-2018
The following are County staff comments regarding the above noted pre -application meeting. This meeting satisfies
the requirement for a pre -application meeting prior to submittal of a zoning map amendment (ZMA) application. The
purpose of for the meeting can be found in Section 33.14 of the Zoning Ordinance and are italicized below, followed
by staff comments:
(i) provide the applicant and the county a common understanding of the proposed project;
The applicant is proposing to amend the approved proffers of ZMA201500007 for the Brookhill development. The
ZMA201500007 proffers, Code of Development, and Application Plan previously approved by the Albemarle County
Board of Supervisors for Brookhill applies to the following parcels: Tax Map Parcel (TMP) 04600-00-00-01800, 04600-
00-00-01SAO, 04600-00-00-019A0,04600-00-00-019BI,04600-00-00-019B3,04600-00-00-019B4,04600-00-00-018D0,
and 04600-00-00-018B0.
TMPs 04600 -00 -00 -01800,04600 -00 -00 -018A0,04600 -00 -00 -019A0,04600 -00-00-019B1, 04600-00-00-019B3,04600-
00-00-019134 measure a combined 277.5 acres (approximately) and are zoned NMD Neighborhood Model District. They
are located on the east side of Seminole Trail (U.S. 29) directly north of the intersection between Seminole Trail and Polo
Grounds Road (S.R. 243). Each property is within the Entrance Corridor (EC) Overlay District, Airport Impact Area
Overlay (AIA) Zoning District, and Managed Steep Slopes Overlay Zoning District. Portions of TMPs 04600-00-00-
01SAO, 04600-00-00-019A0,04600-00-00-019B3,and 04600-00-00-019B4 are within the Flood Hazard Overlay (FH)
Zoning District. There are areas of Preserved Steep Slopes Overlay Zoning District within TMPs 04600-00-00-01800,
04600-00-00-01SAO, 04600-00-00-019A0,04600-00-00-019B3,and 04600-00-00-019B4.
TMPs 04600-00-00-018DO and 04600-00-00-018B0. are zoned RA Rural Areas. Both properties are within the Entrance
Corridor (EC) Overlay District and the Airport Impact Area Overlay (AIA) Zoning District. Portions of TMP 04600-00-
00-018DO are within the Flood Hazard Overlay (FH) Zoning District.
TMPs 04600 -00 -00 -01800,04600 -00 -00 -018A0,04600 -00 -00 -019A0,04600 -00-00-01981,04600-00-00-019B3,04600-
00-00-019134 are designated for future land use as Neighborhood Density Residential — residential (3 — 6 units/acre)
supporting uses such as religious institutions, schools and other small-scale non-residential uses; Urban Density Residential
- residential (6.01 — 34 units/ acre); supporting uses such as religious institutions, schools, commercial, office and service
uses; Urban Mixed Use (in Centers) — retail, residential, commercial, employment, office, institutional, and open space;
NS -Neighborhood Service Center; Privately Owned Open Space/Environmental Features — privately owned recreational
amenities and open space/ floodplains, steep slopes, wetlands, and other environmental features in the Hollymead-Places29
Master Plan.
Applicable County Code sections are as follows:
1. Section 33.15 - Application for a Zoning Map Amendment
2. Section 20A — NMD Neighborhood Model District
(ii) Consistency with the Comprehensive Plan
0 Proposals for development in the designated Development Areas are evaluated for conformity with the
Neighborhood Model. The proposed proffer amendment is consistent with the Neighborhood Model
principles.
(iii) Broadly identify the planning, zoning and other issues raised by the application that need to be addressed by
the applicant
- Components of the ZMA application - The applicant must provide a revised proffer statement with the ZMA
application. A copy of the revised proffers is attached to this letter with several edits from staff.
o Please submit ajustifiication statement with the ZMA application that outlines why the proffer
amendment is being requested (VDOT Smart Scale project now initiated to construct the road). The
justification statement should also demonstrate that no other components of the approved Brookhill
rezoning are being changed (no changes to the Code of Development or Application Plan).
If desired by the applicant, a request can be filed to the Clerk of the Board of Supervisors to waive the public
hearings (with the Commission, the Board, or both) associated with the ZMA to amend the proffers. Please
consult Section 33.15 (A)(I)(a) of the Zoning Ordinance for further details.
If the applicant wishes to pursue this route, the Board of Supervisors members that are within the magisterial
district of Brookhill should first be contacted, in writing or via email, by the applicant asking whether they support
waiving the public hearing. If so, then please provide documentation of the discussion with the ZMA application.
Since proffer # ID is located on parcels outside of the development area, the applicant should contact both Ned
Gallaway (Rio Magisterial District) and Norman Dill (Rivanna District) regarding the proposed proffer
amendment if choosing to pursue waivers of the public hearings.
(iv) Identify other applicable procedures
• A Community Meeting is required as part of the review of the rezoning request. It is preferred that the community
meeting be held in conjunction with a Places29-North Community Advisory Committee meeting. This CAC
generally meets on the third (3rd) Thursday of each month at 6 PM at the Hollymead Fire Station, located at 3575
Innovation Drive. You are responsible for setting up that meeting with staff and the CAC chair, Chris Scharnbeck.
This meeting should be held, if possible, within 30 days from the date the zoning map amendment is submitted.
o Adjacent property owners, the Planning Commission liaison, and the Board of Supervisor liaison (and the
Coordinating Reviewer/planner) should receive advance notification of this meeting (date/time/location).
The applicant is responsible for preparing the community meeting invitation letter and mailing the letters
to all property owners included on that list.
• A template for the Community Meeting invitation letter is included with this letter. Please revise as necessary and
submit a copy with the ZMA application if you will not pursue waiving the community meeting.
• If desired, you may submit a written request to the Director of Planning requesting a waiver to the community
meeting, as described in Section 33.24 (C) of the Zoning Ordinance. Staff only recommends this if the applicant is
requesting to waive the public hearings for the ZMA application.
(v) Identify the information the applicant must submit with the application, including the supplemental information
• See attached checklist.
If you have any further questions, please contact me at 434.296.5832 ext. 3432 or blaneille(aalbemarle.or
Sincerely,
Ldr1, 'U
Cameron Langille
Senior Planner
Attached:
A) ZMA Application
B) Community Meeting Guidelines
C) Community Meeting Invitation Letter template
D) ZMA Application Checklist
E) Amended Proffers with Staff Revisions
WILLIAMS M U LLEN
Direct Dial: 434.951.5725
adavies@williamsmullen.com
September 17, 2018
Mr. Cameron Langille
County of Albemarle
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, VA 22902
VIA: Hand Delivery
RE: Amendment to Brookhill Proffer Statement ZMA 2015-007
Cameron:
Please find attached our proposed amendments to the Brookhill Proffer Statement. This
document has been amended primarily to address changes to the details of the Rio Mills Road
Connection, as described in Proffer 1 D on page 3. In the originally approved proffer statement,
the Owner was responsible for the construction of the Rio Mills Road Connection. Since that
time, VDOT has received Smart Scale funding to complete this transportation improvement.
Therefore, as suggested by Albemarle County staff, Proffer 1 D has been adjusted to only
require the Owner to complete the dedication of the land necessary for the road improvement by
VDOT.
Because the Owner is no longer required to construct this improvement, the In -Kind
Contribution amount was reduced to reflect this change. The original spreadsheet outlining the
calculations for the approved In -Kind Contribution amount has been updated and attached for
staff review and approval. In addition, staff suggested that the In -Kind Contribution follow the
Cost Index formula, as established for the Cash Proffers, so that language has also been
incorporated.
Other than those changes, minor updates have been provided to reflect the most recently
approved Code of Development, approved at the Board of Supervisors Meeting on September
5, 2018. Several new parcels have also been created within the Brookhill development, so
those new parcels are reflected in this update.
Land Use Authorizations were established in 2015 allowing for Williams Mullen and Riverbend
Development to submit Land Use Applications on behalf of the current property owners. Those
documents are included, as well as Land Use Authorizations from Crafton Corporation and
Horne Land Corporation. Please let me know if any additional information is necessary to
process this request.
Sincerely,
Ashley Davies
321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977
williamsmullen.comI A Professional Corporation
September 17, 2018
Page 2
Document List:
1. Application
2. Checklist
I Signature Page
4. Pre -application Meeting Memo from Staff
5. Brookhill Ownership Chart
6. Brookhill Proffer Statement, dated September 17, 2018 (clean version)
7. Brookhill Proffer Statement (blackline comparison to approved proffers for ZMA 2015-
007)
8. Brookhill Proffers Calculation Spreadsheet, dated September 9, 2018
9. Land Use Authorization Forms and supporting documents
36930096_1