HomeMy WebLinkAboutZMA201800011 Approval - County 2019-07-17ORDINANCE NO. 19-A(9)
ZMA 2018-00011 BROOKHILL PROFFER AMENDMENT
AN ORDINANCE TO AMEND THE PROFFERS APPROVED WITH ZMA 2015-00007
FOR TAX PARCELS O4600-00-00-018A0, 04600-00-00-01800, 04600-00-00-019A1,
04600-00-00-019A2,04600-00-00-019B1,04600-00-00-0191313, AND 04600-00-00-019B4
WHEREAS, the application to amend the proffers that were approved with ZMA 2015-00007 for Tax
Parcels 04600-00-00-018A0, 04600-00-00-01800, 04600-00-00-019A1, 04600-00-00-019A2, 04600-00-00-019B1,
04600-00-00-019B3, and 04600-00-00-019B4 (collectively, the "Property") is identified as ZMA 2018-00011,
Brookhill Proffer Amendment ("ZMA 2018-11 "); and
WHEREAS, ZMA 2018-11 proposes to amend Proffer Numbers 1D, 1H, 6, and 8 of the Proffers that were
approved in conjunction with ZMA 2015-07 due to VDOT's planned construction of the Rio Mills Road connector
road, specifically, to reflect that the developer will be responsible for the construction of the Rio Mills Road
Connection only if VDOT does not do so, to reduce the value of the credit for in -kind contributions that are available
to the developer, and to reduce the acreage of the high school or institutional use site that the developer is required to
dedicate in fee simple to the County fiom 60 acres to 50 acres; and
WHEREAS, on November 14, 2018, the Albemarle County Board of Supervisors waived the Planning
Commission and Board of Supervisors public hearing requirements pursuant to the applicant's request and County
Code § 18-33.15.A(1)(a); and
WHEREAS, staff recommends approval of ZMA 2018-11.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the staff report prepared for ZMA 2018-11 and its attachments, including the proposed amended
proffers, the information presented at the public hearing, the material and relevant factors in Virginia Code § 15.2-
2284, and for the purposes of public necessity, convenience, general welfare and good zoning practices, the Board
hereby approves ZMA 2018-11 with the proffers dated April 18, 2019.
ss•
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero as recorded below, at
a meeting held on July 17, 2019.
Clerk, Board of County Sup lsors
Aye Nay
Mr. Dill Y
_
Mr. Gallaway
Y
Ms. Mallek
Y
Ms. McKeel
Y
Ms. Palmer
Y
Mr. Randolph
Y
RESOLUTION OF SUPPORT
FOR RIO MILLS CONNECTOR TO BERKMAR EXTENDED ALIGNMENT
WHEREAS, Albemarle County included a connection from Rio Mills Road to the new
Berkmar Drive Extended in the Places 29 Master Plan as a priority road improvement; and
WHEREAS, Albemarle County approved the accumulation of Telefee funds in the
Secondary Six Year Plan to be designated to the construction of this Connector road; and
WHEREAS, the Commonwealth Transportation Board approved the remainder of funding
necessary to complete the connector road to be awarded to Albemarle County through the Smart
Scale program based on Albemarle County's 2016 Grant application; and
WHEREAS, the Virginia Department of Transportation worked extensively with Albemarle
County staff, Albemarle County Schools Division, and the developer of Brookhill on the proposed
alignment of the connector road; and
WHEREAS, the Virginia Department of Transportation received public comments on the
preliminary design and alignment at advertised Public Hearings on October 9, 10, and 11, 2018;
and
WHEREAS, the public comments received by the Virginia Department of Transportation
supported the proposed alignment of the new connector road.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors
hereby fully endorses and supports the proposed alignment as presented by the Virginia
Department of Transportation for the Rio Mills to Berkmar Drive Connector; and
BE IT FURTHER RESOLVED, that the Board of Supervisors hereby respectfully requests
the Commonwealth Transportation Board to approve the proposed alignment for design and
construction.
I, Claudette K. Borgerson, do hereby certify that the foregoing writing is a true and correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of
six to zero, as recorded below, at a meeting held on July 17, 2019.
Clerk, Board of Counlo6pervisors
Ave Nav
Mr.
Dill
Y _
Mr.
Gallaway
Y
Ms.
Mallek
Y
Ms.
McKee)
Y
Ms.
Palmer
Y
Mr.
Randolph
Y