HomeMy WebLinkAbout2005-10-12
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BOARD OF SUPERVISORS
FINAL
OCTOBER 12, 2005
6:00 P.M., MEETING ROOM 241
COUNTY OFFICE BUILDING
1 . Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. From the Public: Matters Not Listed on the Agenda.
5. Recognitions.
a. Domestic Violence Awareness Month.
b. Board Members.
6. ZMA-2004-007. Belvedere (SiQns #62,76&84). Request to rezone approx 206.682 acs from R-
4 to NMD to allow up to 775 du, w/overall density of 3.74 dulac, ranging from density of 1.6 du/ac
in some areas to 9.4 du in others. TM 61 Ps 154, 157, 158, 160 (portion) & 161, TM 62 Ps 2A
(portion) 2B (portion), 2C, 3, 5 & 6A, & TM 62A3 P11. Loc on E side of Rio Rd (Rt 631)
immediately E of Southern Railroad. (The Comp Plan designates this property as Neighborhood
Density in northern portion of property (3-6 du/ac), Urban Density in middle & southern portions
(6-34 du/ac) & Community Service adjac to railroad, in Neighborhood 2. Rio Dist. (deferred from
October 5,2005).
7. ZMA-2004-017. Wickham Pond (SiQn #64). Public hearing on a request to rezone 20.52 from
RA to NMD to allow combination of 107 single -family detached & condominium/townhouse
residential units. TM 56 P 92. Loc on 5023 Three Notch'd Rd (Rt 240) approx 1,000 ft from
intersec of Rt 240 & Highlands Drive, also known as entrance to The Highlands Subdivision. (The
Crozet Master Plan of the Comp Plan designates this property as Development Area Preserve
[CT-1], Urban General [CT-4] & Urban Edge [CT-3]. White Hall Dist.
8. ZMA-2004-012. Luxor Commercial (SiQn #86). Public hearing on request to rezone 3.523
(portion of TM 78 P 55A4) from R-6 & R-15 to PDMC & to rezone 1.377 (TM 78 P 55D) from C-1
to PDMC to allow 1,500 sq ft bank & 80,000 sq ft of mixed commercial in a planned development.
TM 78 P 55A4 (portion thereof) & TM 78 P 55D are located in the EC Overlay Dist on N side of Rt
250 E between Montessori School & Aunt Sarah's Restaurant. The general usage allowed in the
PDMC zoning district is large-scale commercial w/broad range of commercial uses under a
unified planned approach; the PDMC zoning district does not have a density range. (The Comp
Plan designates this property as Urban Density & the general usage recommended under this
designation is residential. The recommended density range is 6-34 du/ac in Neighborhood Three.)
Rivanna Dist.
9. SP-2004-038. Luxor Commercial Drive-in Window for Bank (SiQn #86). Public hearing on
request to allow for drive-in window for bank in accord w/Sec 25A.2.2 of the Zoning Ord which
allows for drive-in windows serving or associated w/permitted uses within PDMC. TM 78, P 55A4
(a portion thereof), contains 23.168 & is pending a rezoning to PDMC (ZMA-04-12). (Same
property description as above.) Rivanna Dist.
10. SP-2005-002 Luxor Commercial Veterinary Office (SiQn #27). Public hearing on request to
allow for veterinary office in accord w/Sec 25A.2.2 of the Zoning Ord which allows for veterinary
offices & hospitals w/in PDMC zoning. TM 78, P 55D contains 1.377 , & is pending a rezoning to
PDMC (ZMA-04-12). (Same property description as above.) Rivanna Dist.
11. From the Board: Matters Not Listed on the Agenda.
12. Adjourn to October 19, 2005, 4:00 p.m., for Joint Meeting with School Board.
CONSENT AGENDA
There are no Consent Agenda Items for Tonight's Meeting.
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BOARD OF SUPERVISORS
TENTATIVE
OCTOBER 12, 2005
6:00 P.M., MEETING ROOM 241
COUNTY OFFICE BUILDING
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. From the Public: Matters Not Listed on the Agenda.
5. Recognitions.
6. ZMA-2004-007. Belvedere (SiQns #62,76&84). Request to rezone approx 206.682 acs from R-
4 to NMD to allow up to 775 du, w/overall density of 3.74 dulac, ranging from density of 1.6 du/ac
in some areas to 9.4 du in others. TM 61 Ps 154, 157, 158, 160 (portion) & 161, TM 62 Ps 2A
(portion) 2B (portion), 2C, 3, 5 & 6A, & TM 62A3 P11. Loc on E side of Rio Rd (Rt 631)
immediately E of Southern Railroad. (The Comp Plan designates this property as Neighborhood
Density in northern portion of property (3-6 du/ac), Urban Density in middle & southern portions
(6-34 du/ac) & Community Service adjac to railroad, in Neighborhood 2. Rio Dist. (deferred from
October 5, 2005).
7. ZMA-2004-017. Wickham Pond (SiQn #64). Public hearing on a request to rezone 20.52 from
RA to NMD to allow combination of 107 single -family detached & condominium/townhouse
residential units. TM 56 P 92. Loc on 5023 Three Notch'd Rd (Rt 240) approx 1,000 ft from
intersec of Rt 240 & Highlands Drive, also known as entrance to The Highlands Subdivision. (The
Crozet Master Plan of the Comp Plan designates this property as Development Area Preserve
[CT-1], Urban General [CT-4] & Urban Edge [CT-3]. White Hall Dist.
8. ZMA-2004-012. Luxor Commercial (SiQn #86). Public hearing on request to rezone 3.523
(portion of TM 78 P 55A4) from R-6 & R-15 to PDMC & to rezone 1 .377 (TM 78 P 55D) from C-1
to PDMC to allow 1,500 sq ft bank & 80,000 sq ft of mixed commercial in a planned development.
TM 78 P 55A4 (portion thereof) & TM 78 P 55D are located in the EC Overlay Dist on N side of Rt
250 E between Montessori School & Aunt Sarah's Restaurant. The general usage allowed in the
PDMC zoning district is large-scale commercial w/broad range of commercial uses under a
unified planned approach; the PDMC zoning district does not have a density range. (The Comp
Plan designates this property as Urban Density & the general usage recommended under this
designation is residential. The recommended density range is 6-34 du/ac in Neighborhood Three.)
Rivanna Dist.
9. SP-2004-038. Luxor Commercial Drive-in Window for Bank (SiQn #86). Public hearing on
request to allow for drive-in window for bank in accord w/Sec 25A.2.2 of the Zoning Ord which
allows for drive-in windows serving or associated w/permitted uses within PDMC. TM 78, P 55A4
(a portion thereof), contains 23.168 & is pending a rezoning to PDMC (ZMA-04-12). (Same
property description as above.) Rivanna Dist.
10. SP-2005-002 Luxor Commercial Veterinary Office (SiQn #27). Public hearing on request to
allow for veterinary office in accord w/Sec 25A.2.2 of the Zoning Ord which allows for veterinary
offices & hospitals w/in PDMC zoning. TM 78, P 55D contains 1.377 , & is pending a rezoning to
PDMC (ZMA-04-12). (Same property description as above.) Rivanna Dist.
11. From the Board: Matters Not Listed on the Agenda.
12. Adjourn to October 19, 2005, 4:00 p.m., for Joint Meeting with School Board.
ACTIONS
Board of Supervisors Meeting of October 12, 2005
October 14, 2005
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
. Meeting was called to order at 6:03 p.m. by the
Chairman, Mr. Rooker. All BOS members were
present. Also present were Bob Tucker, Larry
Davis and Debi Moyers.
4. From the Public: Matters Not Listed on the
Agenda.
. Lance Fjeseth, a resident on Commonwealth
Circle, spoke about the continued disturbances
at the Waffle House and on Premier Circle.
Distributed a list to Board members
documenting dates and times of 911 calls and
descriptions. Any efforts since he last spoke
before the Board (March 16th) have been
largely ineffective in dealing with this situation.
Asked the Board for help in getting this situation
resolved.
. Charlie Trachta gave his observation of the
Board.
5a. Recognition: Domestic Violence Awareness Month. (Attachment 1)
. Chairman PRESENTED proclamation to Becky
Gildersleeve from SHE (Shelter for Help and
Emergency) recognizing the month of October
2005 as Domestic Violence Awareness Month.
5b. Recognition: Board Members.
. Chairman recognized and presented
Certificates of Service from the County to Mr.
Dorrier for five years of service and Mr.
Bowerman for twenty-five years of service.
6. ZMA-2004-007. Belvedere (Signs #62,76&84).
. APPROVED ZMA-2004-007, by a vote of 5:1, Sarah Baldwin: Post to County website.
as proffered and corrected on October 12, 2005
with the Code of Development as presented.
7. ZMA-2004-0 17. Wickham Pond (Sign #64). Clerk: Reschedule on December 7tn agenda.
. HELD public hearing.
. DEFERRED until December 7, 2005.
. CONSENSUS of the Board for staff to bring Wayne Cilimberq: Proceed as directed.
back a report on the following information: level
of service on Route 240, plans for Eastern
Avenue, impact on infrastructure, and the long
term maintenance and cost of the stormwater Ron White: Attend December ih meeting.
facility. The Board would also like to have more
discussion with the Director of Housing on the
affordable housinq proffer.
. The Board recessed at 8:00 p.m. and reconvened
at 8:10 p.m.
8. ZMA-2004-012. Luxor Commercial (Sign #86).
. APPROVED ZMA-2004-012, by a vote of 6:0, Sarah Baldwin: Post to County website.
as proffered October 12, 2005.
. Mr. Rooker asked that when the Board receives Mark Graham: Proceed as directed.
packets for rezoninq to include an area map
that gives the context of the immediate
surroundings.
9. SP-2004-038. Luxor Commercial Drive-in Window Clerk: Set out conditions of approval.
for Bank (Sign #86). (Attachment 2)
. APPROVED SP-2004-038, by a vote of 6:0,
subject to the three conditions as
recommended by the Planning Commission.
10. SP-2005-002. Luxor Commercial Veterinary Office Clerk: Set out conditions of approval.
(Sign #27). (Attachment 2)
. APPROVED SP-2005-002, by a vote of 6:0,
subject to the five conditions as recommended
by the Planning Commission.
11. From the Board: Matters Not Listed on the Agenda.
Bob Tucker:
. Asked the Board to set the effective date for fire Clerk: Notify Finance, OMB and Director of
inspection fees approved at the October 5, Fire Rescue of Board action.
2005 Board meeting for January 1, 2006.
Motion was the made by David Bowerman,
seconded by Ms. Thomas to set the effective
date for fire inspection fees for January 1, 2006.
Motion PASSED by a vote of 6:0.
David Wyant:
. Discussed with Mr. Cilimberg how the ARB
applies guidelines to Crozet along Route 240.
Mr. Wyant suggested looking at the things that
are standard and have staff approve those
administratively.
Sally Thomas:
. Updated the Board on the Ivy Landfill
neighborhood meeting that she attended last
night and the report that Rivanna Solid Waste
Authority gave.
. Stated at very end of MPO meeting it was
brought up that VDOT has a new project
selection process. VDOT has decided that
Route 250 East from the Interstate to Shadwell,
and Route 29 from Airport Road to Greene
County should be widened, and that these
projects should possibly take priority over all
other County projects. She said neither of
these projects is on the County's long-range
plan. She asked staff or whoever is going to
make a statement on October 18th to express
concern about this process. Mr. Tucker said he Clerk: Forward comment to VDOT.
has asked Jim Utterback, VDOT's Resident
Engineer, to address this issue at the
November 2nd Board meeting. Ms. Thomas
asked Mr. Tucker to also alert Butch Davies.
Mr. Rooker asked that we send the October Wayne Cilimberq/Juan Wade: Forward
18th comments to Mr. Davies before we make comments to Butch Davies of CTB.
them.
David Bowerman:
. Asked staff to discuss with Chief Miller an Tom Foley/Chief Miller: Proceed as directed.
action plan regarding the continued disturbance
at Waffle House which Lance Fjeseth spoke
about under Other Matters. Stated he would
like some feedback at the November 2nd day
meeting.
2
Ken Boyd:
. Wanted to know status on the cash proffer Wayne Cilimberq/Steve Allshouse: Proceed as
policy. Wants to see County move forward with directed.
putting together a plan. Mr. Cilimberg stated a
general Fiscal Impact analysis of the particular
kinds of facilities and the impact of
development on those facilities in a dollar form
is something that Mr. Allshouse, the County's
Fiscal Impact person, would likely need to do
as the basis for such a policy. Mr. Rooker
asked staff to provide a report back on how to
structurally approach a cash proffer system and
identify policy issues.
. Asked staff if Ruckersville Parkway is being
included in Places 29 Transportation Study that
is going on. Mr. Cilimberg stated "yes".
. Stated there is a proposal before the Planning
Commission now having to do with Berkmar
Drive Extended. Said the rezoning was being
held up by Places 29. Planning Commission
asked applicant to hold off until that process is
further along. Mr. Cilimberg stated they asked
the Planning Commission to review it
concurrently with Places 29. Mr. Tucker said if
the Board wants this to move forward instead of
concurrently they would need to direct the
Planning Commission.
12. Adjourn to October 19, 2005, 4:00 p.m., for Joint
Meeting with School Board.
. The meetinq was adiourned at 9:20 p.m.
/djm
Attachment 1 - Proclamation Recognizing October 2005 as Domestic Violence Awareness Month
Attachment 2 - Conditions of Approval for Planning Items
3
ATTACHMENT 1
DOMESTIC VIOLENCE AWARENESS MONTH
WHEREAS, violence against women, children and men continues to become more prevalent as a
social problem in our society; and
WHEREAS, in 2004, in the Commonwealth of Virginia, domestic violence programs offered
150,447 safe nights of shelter to women, children and men; 24-hour intervention and
referrals in response to 80,090 hotline calls; and 61,737 hours of counseling and
advocacy to families; and
WHEREAS, in 2004, the Shelter for Help in Emergency offered 4,398 safe nights of shelter to
women, children and men; 24-hour intervention and referrals in response to 1,037
hotline calls; and 1,005 hours of counseling and advocacy to families; and
WHEREAS, the problems of domestic violence are not confined to any group or groups of people but
cross all economic, racial and societal barriers; and are supported by societal
indifference; and
WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security and
humanity, due to systematic use of physical, emotional, sexual, psychological and
economic control and/or abuse, with the impact of this crime being wide-ranging; and
WHEREAS, in our quest to impose sanctions on those who break the law by perpetrating violence,
we must also meet the needs of victims of domestic violence who often suffer grave
physical, psychological and jinanciallosses; and
WHEREAS, it is victims of domestic violence themselves who have been in the forefront of efforts to
bring peace and equality to the home; and
WHEREAS, the Shelter for Help in Emergency commemorates its 26th anniversary of providing
unparalleled services to women, children and men who have been victimized by
domestic violence;
NOW THEREFORE, in recognition of the important work being done the Shelter for Help in
Emergency, 1, Dennis S. Rooker, Chairman on behalf of the Albemarle Board of County
Supervisors, do hereby proclaim the month of
October, 2005 as
DOMESTIC VIOLENCE AWARENESS MONTH
and urge all citizens to actively participate in the scheduled activities and programs
sponsored by the Shelter for Help in Emergency to work toward the elimination of
personal and institutional violence against women, children and men.
4
ATTACHMENT 2
SP-2004-038. Luxor Commercial Drive-in Window for Bank (SiQn #86). Public hearing on
request to allow for drive-in window for bank in accord w/Sec 25A.2.2 of the Zoning Ord which allows for
drive-in windows serving or associated w/permitted uses within PDMC. TM 78, P 55A4 (a portion thereof),
contains 23.168 & is pending a rezoning to PDMC (ZMA-04-12). (Same property description as above.)
Rivanna Dist.
1. Drive-through windows will be limited to three (3), including one to be used for an ATM;
2. Architectural Review Board issuance of a Certificate of Appropriateness; and
3. Applicant is responsible for installation and maintenance of control devices such as signage, and
pavement markings as indicated on the application plan. The crosswalk just beyond the drive-up
window bays for the bank shall be identified with crosswalk signage on either side of the drive aisle.
SP-2005-002 Luxor Commercial Veterinary Office (SiQn #27). Public hearing on request to
allow for veterinary office in accord w/Sec 25A.2.2 of the Zoning Ord which allows for veterinary offices &
hospitals w/in PDMC zoning. TM 78, P 55D contains 1.377 , & is pending a rezoning to PDMC (ZMA-04-
12). (Same property description as above.) Rivanna Dist.
1. A separate entrance and exit shall be provided for the clinic in accordance with Section 5.1.11 d;
2. No outdoor exercise area shall be permitted;
3. A note shall be added to the plan to identify the two (2) trees that are to be bonded;
4. The veterinary clinic be identified as located in building 4; and
5. Architectural Review Board issuance of a Certificate of Appropriateness.
5
911 Calls Due to Premier Circle and the Waffle House
County Board of Supervisors Meeting, October 12, 2005
Lance Fjeseth - Resident on Commonwealth Circle since March of 2002.
These calls are as a result of disturbances at the Waffle House and on Premier Circle. All incidents included
very loud music and yelling. The minimum distance from my house to curb of Premier Circle is 118 feet.
Initially presented issues to the Albemarle County Board of Supervisors on March 16,2005. Included a letter
and four pages of911 calls and descriptions.
Date
3-24-05
4- 7 -05
Time of CaUls) Notes
1:57 a.m. T 6 Police cars on scene
1:56 a.m. T 51 cars arrive at Premier Circle coming from 29 North. All quiet
about 2:25 a.m.
1:55 a.m. T 6 Police cars on scene. All quiet at 2:30 a.m.
6:40 p.m. F Gun Fire
2:35 a.m. T Women fighting, Police arrive at 2:43. All quiet at 2:46 a.m.
1 :57 a.m. S All quiet at 2:23a.m.
2:00 a.m. T Can hear obscene language from inside my house, called Chief
Miller the next morning. All quiet at 2:33 a.m.
1:58 a.m. S All quiet at 2:10 a.m.
Communications with Chief Miller and ABC regarding the Liquor
License at Wolfies. Chief Miller has no issue with the license
being renewed despite the fact that he has put together a special
Task Force to deal with the 2:00 a.m. crowd at Wofies. ABC
Agent won't allow me to bring it to a hearing. Chief Miller offers
speak to Mr. Powell to "voluntarily change" his selling hours.
Nothing comes of this.
2:00 a.m. S Woolfies Bar & Grill has their Liquor License again. All quiet
2:14a.m.
2:01 a.m. T All Officers at Wolfies Bar & Grill according to the 911 Operator,
they will get to Waffle house as soon as they can. All quiet at 2:21a.m.
1 :50 a.m. T Large crowd in the middle of Premier Circle - sounds like a fight,
Officers end up in the middle of the very large crowd - Very loud shouting of
obscenities - "Mother F#*ker", "Ni^^er", "F#*k You", "What are you going to
do - Shoot Me?", etc. All quiet at 1 :35 a.m.
1:59 a.m. S All quiet at 2:23a.m.
1:57 a.m. T All quiet at 2:13a.m.
1:55 and 2:07 a.m. Discussed issues with Officer Scott after incident at 2:30
a.m.
1:55 a.m. T No Call- In yard watching activity, Police on scene as crowd
arrives. All quiet at 2: 15a.m.
2:00 a.m. S Should be able to hear music on the 911 recording - standing on
my back porch.
2:10 a.m. S All quiet at 2:34a.m.
4-14-05
4-29-05
5-5-05
5-8-05
5-12-05
5-22-05
6-19-05
6-23-05
7 -7 -05
8-21-05
8-25-05
9-11-05
9-15-05
9-25-05
10-2-05
T = Thursday morning/Wednesday Night
S = Sunday Morning/Saturday Night
F = Friday
RECEIVED AT BOS MEETrNG
Date: /(7~~/
Agenda Item #: </ - ~ ~ ;./r'1f' ;;; t'" t' t f
Clerk's Initials: cy ~
Frank Stoner, V.P.
Stonehallls
1412 Sachem Place, Suite 30 I
Charlottesville, VA 22901
Dear Mr. Stoner
Octobc::r 9, 2005 The Dunlora Rivercrest Homeowner's Association thanks Stonehaus
Development for its proposal of October 5,2005, to supply an allowance of up to
$1000.00 and $500.00 per lot for additional landscaping in an effort to provide additional
visual buffering for the Rivercrest neighborhood. At a meeting of the homeowners on
Sat. OGt. 8, the association voted to reject the proposal on the following grounds:
The offer was made to the homeowners association as a whole, but affected only a few
homeowners directly. The offer did not address the bigger picture of an adequate visual
buffer for the entire neighborhood. Considering the very small size of the building lots in
Rivercrest, the plantings proposed by Stonehaus would, of necessity, reduce the effective
useabl(: living space in the backyards significantly, and would measurably reduce the
amount of afternoon winter sunlight to an unacceptable level.
The Homeowners Association would much prefer to see Stonehaus Developers place
adequate additional plantings on their property in the preservation buffer where the
plantings would benefit the entire Rivercrest community without reducing the size of
usable backyards of the homes directly adjacent to the Belvedere development. Our
suggestion is that the plantings be placed strategically after the final site plan is developed
in order to give maximum benefit to the desired screening purpose.
We would further request that Stonehaus Development, in its spirit of a constructive and
ongoing working relationship with Rivercrest HOA, seek their input in the future location
of visual barrier plantings once the final site plan for future Belvedere buildings is finalized
and in eonsultation with appropriate Albemarle officials.
Sincerely yours;
John Putalik, President
Dunlora Rivercrest HOA
Cc. Albemarle county Board of Supervisors
Ken Derby, Dunlora HOA President
Robert Hauser, Belvedere Station Land Trust
Frank Stoner, V.P.
Stonehallls
1412 Sa,~hem Place, Suite 301
Charlottesville, V A 22901
Dear Mr. Stoner
Octob€:r 9, 2005 The Dunlora Rivercrest Homeowner's Association thanks Stonehaus
Development for its proposal of October 5, 2005, to supply an allowance of up to
$1000.00 and $500.00 per lot for additional landscaping in an effort to provide additional
visual buffering for the Rivercrest neighborhood. At a meeting of the homeowners on
Sat. Oet. 8, the association voted to reject the proposal on the following grounds:
The offer was made to the homeowners association as a whole, but affected only a few
homeowners directly. The offer did not address the bigger picture of an adequate visual
buffer for the entire neighborhood. Considering the very small size of the building lots in
Riverclrest, the plantings proposed by Stonehaus would, of necessity, reduce the effective
useabl€: living space in the backyards significantly, and would measurably reduce the
amount of afternoon winter sunlight to an unacceptable level.
The Homeowners Association would much prefer to see Stonehaus Developers place
adequa.te additional plantings on their property in the preservation buffer where the
plantings would benefit the entire Rivercrest community without reducing the size of
usable backyards of the homes directly adjacent to the Belvedere development. Our
suggestion is that the plantings be placed strategically after the final site plan is developed
in order to give maximum benefit to the desired screening purpose.
We would further request that Stonehaus Development, in its spirit of a constructive and
ongoing working relationship with Rivercrest HOA, seek their input in the future location
of visual barrier plantings once the final site plan for future Belvedere buildings is finalized
and in l::onsultation with appropriate Albemarle officials.
Sincen::ly yours;
John Putalik, President
Dunlora Rivercrest HOA
Cc. ..AJbemarle county Board of Supervisors
Ken Derby, Dunlora HOA President
Robert Hauser, Belvedere Station Land Trust
COUNTY OF ALBEMARLE
.
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA-2004-017 Wickham Pond
AGENDA DATE:
October 12, 2005
SUBJECT/PROPOSAL/REQUEST:
Weather Hill Development, LLC has requested a
rezoning from Rural Area, R-A zoning district, to
Neighborhood Model - NMD for 107 residential
units of a property located at 5023 Three
Notch'd Road, Route 240, (also known as Last
Nickel Farm).
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACTCS):
Cilimberg, Benish, Echols, Grant
REVIEWED BY:
BACKGROUND:
On July 19, 2005, the Planning Commission reviewed the request by Weather Hill Development,
LLC for approval of Wickham Pond.
erhe Planning Commission endorsed the Wickham Pond proposal and recommended approval to
the Board of Supervisors subject to the following directions to staff:
1. A written agreement between the applicant/developer and the adjacent property owner
regarding the stormwater management use of the pond must be submitted prior to the
Board of Supervisors public hearing and final wording of the proffers will be worked out
between the Planning Commission and the Board of Supervisors meeting.
2. Critical slope impacts will need to be formally resolved with engineering and current
development staff during the site plan stage.
3. The proffers regarding affordability and the long term application of the affordable units
need to be worked out and be acceptable to staff before it goes to the Board.
4. The proffer stipulating substantial compliance with the location of the houses and the
configuration of the units needs to be worked out between the Planning Commission and
the Board of Supervisors meeting.
.....
DISCUSSION:
Staff and the applicant have worked on resolving most of these issues.
.
1. A written agreement between the applicant/developer and the adjacent
property owner regarding the stormwater management use of the pond has
been submitted. (See Attachment A)
2. All issues regarding the proffers have been resolved to the satisfaction of staff
and the applicant. (See Attachment B)
RECOMMENDATIONS:
Based on the Planning Commission recommendation, staff recommends approval of the rezoning.
cD
Attachments:
Attachment A: October 4, 2005 letter of agreement regarding stormwater management from the
adjacent property owner. .
Attachment B: Proffers dated September 28, 2005
.
.
(iJ
,j::I\j'FD AT 80S MEETIN2
.'"-'-'~' - ./
Date: / c;/ /.y:/c :/
A']enda Item #: /'
..~.: :;'::~::::!s: "Y /
/
OriL!inal Proffer X
--
Amended Proffer
(Amendment #
PROFFER FORM
Dale IOT2/0:;
Z>.1A f; "004-0012
Tax iv1ap and Parcel Number(s)
TMP 7S-:'5A4 and T!vrp n-:,5D
4C)
Acres lO be rezoned from
n,:T),-- 00....
1\.- i.'. K-U. 0_ \.. - J
to
T'tt'\ 1\,.;0
r _LJ-J;.J\_
Pursuant to Sec:ion 33.3 of the Albemarle Count) Zoning Ordinance. the owner. or its dul\'
authOJized agent, hereby voluntarily proffers the conditions listed below which shall be applied
to the property. if rezoned These conditions are proffered as a part of the requested rezoning
and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions: and (2) such
conditions have a reasonable relation to the rezoning request,
1, The location of the structures relative to the eA1:erior public streets, ingress and egress points,
and sidevv'alks to the exterior public streets, ingress and egress points. and sidewalks shown
on the application plan may not be varied under P~lbemarle County Cod.e ~ 18-8,5.5.3. in
effect on October 12,2005. a copy of which is attached hereto as Exhibit .~ from that as
shown on the plan produced by Rivanna Engineering, dated October 13.2004. last revised
July 27, 2005, entitled "Application Plan for Luxor Commercial Center", herein referred to
as the "Application Plan",
Permitted uses of the property, and/or uses authorized by special use permit. shall include
only those uses allowed in .AJbemarle County Code ~ 1 S-22 in effect on October 12,2005, a
copy of the section being attached hereto as Exhibit B, except the following:
"
a 111c following retail sales and sen'ice establishments:
3. Department store,
15, Retail nurseries and greenhouses
b. The following services and public establishments:
3. Cemeteries,
9. Indoor theaters
11. Law1dromat (provided that an attendant shall be on duty at all hours during operation),
16 Automobile service stations (reference 5.1.20),
22. Automobile. truck repair shop excluding body shop (Added 6-3-81: Amended 9-9-92)
3. No building permit shall be issued unless and until the Director of Planning, or his assigns,
determines that those building facades that are not governed by a certificate of
appropriateness issued by the .AJbemarle County Architectural Review Board are in general
accord with the "Perspective View from Route 250 Looking 'NV(" prepared by Bob
Anderson and dated January 19, 2005, which is attached hereto as Exhibit C The facades
shall be determined to be in general accord if the form, massing, character and detailing
conform in all material respects to the building elevations, The e),,1:erior colors of the
buildings shall be earth tone,
4. A plaza shall be provided between the two larger buildings fronting Route 250. This space
shall be no smaller than shown on the Application Plan and shall include outdoor amenities
(eg., landscaping, sidewalks, benches, tables) There will be a pedestrian passage that
connects the plaza and the parking lot behind the buildings This passage shall be a
minimum of 20-feet wide and may have a roof and support structures (e.g columns), but
shall remain open on two sides (i.e., shall not have walls, windows or doors). A certifIcate of
occupancy for buildings four and five will not be issued umil the plaza between these
buildings is constructed The plaza will be constructed of concrete. The plaza material may
be altered if approved by the Director of Planning.
5. Prior to the first final site plan approval, the owner shall submit a tree conservation plan (the
"plan") prepared by a srale certifIed arborist for the t\\70 large existing evergreen trees in the
southeastern corner of the site, as shown on the plan. The plan shall be submitted to the
Director of Planning for review and approval to assure that all applicable requirements have
been satisfied. The plan shall specify tree protection methods and procedures, including
fertilizing, tree protection fencing and mulching The approved plan shall be complied with
during and after development of the property. When the plan is submitted, the owner also
shall submit a bond or other form of surety in an amount of $2,000 to guarantee the
replacement of one or both trees in the event that either or both die or are damaged for a
period of 2 years after approval of the final site plan for the land on which the two trees are
located. The bond or other surety shall be in a form acceptable to the County Engineer and
the County Attorney. The location of any sidewalk or any other improvements within 15 feet
of either of the trees shall be subject to design review during review of the first preliminary
site plan for the land on which those sidewalks, other improvements, or the two trees are
located t by the Director of Planning.
6. The Owner ofTMP 78-55A4 shall construct a two lane road between the Rolkin Road
Roundabout and the eastern boundary line of the site, as generally depicted on the
Application Plan and labeled "Aunt Sarah's Lane." This road shall be constructed in
conjunction with the first final site plan approved for the area under this rezoning and shall
meet VDOT design and construction standards. The purpose of this road shall be to provide
for the ultimate interconnection to the Route 250/ State Farm Boulevard (Route 1117)
intersection. In conjunction with the approval of the first final site plan approved for the
property, the Owner ofTMP 78-55A4 shall reserve the necessary right of way of the two
lane road, including all necessary drainage easements, for future dedication to the County
and will dedicate this right of way upon demand by the County. A plat showing future
dedication to be accepted by the Board will be prepared at the Owner's expense.
7. The Owner ofTMP 78-55A4 shall construct a five (5) foot wide pedestrian asphalt path from
Aunt Sarah's Lane to the property's common line with Westminster Canterbury in the
general location shown on the Application Plan The purpose of this path shall be to
facilitate an ultimate pedestrian connection to Westminster Canterbury. This path shall be
constructed in conjunction with the first final site plan approved for the property.
8. The Owner of IMP 78-55A4 shall provide a bicycle rack to hold at least 5 bicycles at a
location on TMP 78-55A4 to be determined with the first site plan approved for the property.
The bicycle rack shall be installed prior to the issuance of the first certificate of occupancy on
the property.
2
C) At such time as a public road interconnection is made between the' Route 250:' State Farm
Boulevard (Route 11] 7) intersection and the two lane road referenced in Proffer NO.6 the
Owners ofT1\1P 78-:'\5/\4 and TMP 78-:'\SD. and any parcel(s) of record which may be
created therefrom in the future shall close the ingress imo their parcels a1 the current Aunt
Sarah's entrance on ROUle 2:'\0
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S iunatures of All Ov,'ners
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Signatures of All Owners
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Dr. Charles William Hurt is Manager of North Pamops Townhouses. LLC and is tllerefore autllOrizcd to
sign on its behalf.
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Printed Nam~s of All Owners
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ALBEMARLE COUNTY CODE
Exhibit A
a. The approved application plan, and the approved standards for development, the accepted
proffers, and the authorized waivers or modifications and any conditions imposed therewith,
if any;
b. The permitted uses within the planned development zoning district, including all proffers, as
determined by the zoning administrator after consultation with the director of planning and
community development; in making this determination, the zoning administrator shall be
guided by section 22.2.1 of this chapter;
c. In addition to the foregoing, conformity with the application plan and the standards of
development. Within each neighborhood model zoning district, the general development plan
and the code of development, as determined by the director of planning and community
development after consultation with the zoning administrator.
(98.5.6.2,12-10-80; 9-9-92; ;)8.5.5.2, Ord. 03-18(2), 3-19-03)
8.5.5.3 VARIA TIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF
DEVELOPMENTS
The director of pI arming and community development may allow a site plan or subdivision plat for
a planned development to vary from an approved application plan, standard of development and,
also, in the case of a neighborhood model district, a general development plan or code of
development, as provided herein:
a. The director is authorized to grant a variation from the following provisions of an approved
plan, code or standard:
1. Minor variations to yard requirements, maxnnum Structure heights and minimum lot
SIzes;
2. Changes to the arrangement of bUildings and uses shown on the plan, provided that the
major elements shown on the plan and their relationships remain the same;
3. Changes to phasing plans;
4. Minor changes to landscape or architectural standards; and
5. Minor variations to street design.
b. The applicant shall submit a written request for a variation to the director; the request shall
specity the provision of the plan, code or standard for which the variation is sought, and state
the reason for the requested variation; the director may reject a request that fails to include the
required information.
c. The director is authorized to grant a variation Upon a determination that the variation: (1) is
consistent with the goals and objectives of the comprehensive plan; (2) does not increase the
approved development density or intensity of development; (3) does not adversely affect the
timing and phasing of development of any other development in the zoning district; (4) does
not require a special use permit; and (5) is in general accord with the purpose and intent of the
approved application.
d. Any variation not expressly provided for herein may be accomplished by rezoning.
(98.5.6.3,12-10-80; 9-9-92; S 8.5.5.3, Ord. 03-18(2), 3-19-03)
18-8-6
Zoning Supplement #36, 6-8-D5
Exhibit A
Exhibit B
A.LBEl~iARLE COUl'.;n' CODE
CHAPTER 18
ZONING
SECTION :;:;
COMMERCIAL - C-I
Sections:
"l"l "l
INTENT, WHERE PERJ\1lTTED
PERMITTED USES
BY RIGHT
BY SPECIAL USE PERMIT
ADDITIONAL REQUIREMENTS
:;1.1
11.1.1
...,...,., .,.
:;:;.3
:;:;.1 INTENT, WHERE PERMITTED
C-I districts are hereby created and may hereafter be established by amendment to the zoning map
to permit selected retail sales, service and public use establishments which are primarily oriented
to central business concentrations, It is intended that C-I districts be established only within the
urban area, communities and villages in the comprehensive plan. (Amended 9-9-92)
21.2 PERMITTED USES
22.2. 1 BY RIGHT
The following uses shall be permitted in any C-I district subject to the requirements and
limitations of these regulations, The zoning administrator, after consultation with the director of
planning and other appropriate officials, may permit as a use by right, a use not specifically
permitted; provided that such use shat! be similar to uses permitted by right in general character
;l.nd more specifically. similar in terms of locational requirements, operational characteristics.
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
a, The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
.., Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6, Food and grocery stores including such specialty shops as bakery, candy. milk dispensal)'
and wine and cheese shops,
7. Furniture and home appliances (sales and service).
18-22-1
Zoning Supplement #6, 12-30-99
Exhibit B
ALBEil1..4RLE COUNTY CODE
18. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, o\>med or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines
treannent facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary construction uses (reference 5.1.1).
20. Dwellings (reference 5.1.21).
21. Medical center.
T") Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
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Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25. Fanners' market (reference 5.1.36). (Added 10-11-95)
26. Stormwater management facilities shown on an approved fmal site plan or subdivision plat.
(Added 10-9-02)
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(920-22.2.1,12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6),10-9-02; Ord.
04-18(2),10-13-04)
22.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool haIls and dance haIls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 3 1.2.4.
7. Hotels. motels and inns.
8. Motor vehicle saLes and rental in commumtles and the urban area as designated In the
comprehensive plan. (Added 6-1-83)
18-22-3
Zoning Supplement #30, 10-13-04
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10/04/2005 15:03 FAX 434 293 7377
MCLEAN FAULCONER INC.
Attachment A
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OClober 4-,2005
Claudette Grant, Senior Planner
County of Albemarle
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, V A 22902
Re: ZMA 04-017 - Wickham Pond
Intent to Dedicate Easements (Tax Map 56 Parcel 91)
Dear Ms. Grant,
As owner of Tax Map 56 Parcel 91, I intend to dedicate the following items as depicted
on a sketch by Terra Concepts, P.c. dated May 20th, 2005 annexed as Exhibit A:
1. a drainage easement for stormwater management and buffer mitigation along a
portion of my property as may be required for the development of Wickham Pond
by Weather Hill Development (hereinafter "Weather Hill"), its SUccessors or
asSIgnS;
.
2. right-of-way needed for public roadway improvements along the property
fronting S.R. 240 as required by VDOT and/or Albemarle County; and
3. a temporary access/grading easement along the property fronting S.R. 240 for the
purpose of constructing the aforementioned roadway improvements as required
by VDOT and/or Albemarle County.
I understand that these easements may vary in size based on final review by VDOT
and/or Albemarle County and 1 reserve my right of refusal upon notification of such
changes.
Sincerely,
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Barnes-Crozet, L.L.c.
Owner of (Tax Map 56 Parcel 91)
c/o Charlotte B. Dammann
503 Faulconer Drive, Suite 5
Charlottesville, VA 22903
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Attachment B
Original Proffer X .
PROFFER FORM
Date of Proffer Signature: 9/28/05
ZMA # 2004-17
Tax Map 56 Parcel Number 92
20.52 Acres to be rezoned from RA to NMD (Neighborhood Model Development)
in accordance with the Code of Development (dated Julv 8,2005) and Application Plan (dated July 8.2005)
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agem,
hereby voluntarily proffers the conditions listed below which shall be applied to the property, ifrezoned with the
offered plans approved for development. These conditions are proffered as a part ofthe requested rezoning and it is
agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the rezoning request.
1. The owner shall contribute $93,000 cash to the County's capital improvement program for the
purpose of mitigating impacts from this development. The cash contribution shall be used for
transportation improvements, schools, libraries, fire and rescue, parks or any other public use
serving the Community of Craze! as identified in the Comprehensive Plan. Contributions shall be
made in increments of $1,000 cash per lot, prior to or at the time of issuance of a building permit
for any improvement thereon. If this cash contribution has not been exhausted by the County for
the stated purpose within ten (10) years from the date of the last payment of the contribution, all
unexpended funds shall be refunded to the owner.
2. There shall be a maximum of 107 dwelling units on 93 lots in the development. Ninety-thre~ units
are illustrated on the General Development Plan, identified as the Application Plan, prepared by
Terra Concepts, PC, dated May 2, 2005, last revised July 8, 2005 (the "General Development
Plan"). Fourteen of the 93 units are identified on the General Development Plan as housing types
"E" and "F". These fourteen units shall be constructed and maintained as two-family dwellings as
defined in the Virginia Uniform Statewide Building Code. The declaration of covenants for
Wickham Pond shall contain this language for the 14 units: "The townhouse units on Lots 57-66
and Lots 1, 14, 17 and 18 within Wickham Pond are constructed and must be maintained as a two-
family dwelling as defined in the Virginia Uniform Statewide Building Code."
.
3. In order to protect views from abutting lots within the Highlands Subdivision, the lot lines for
Parcels 48 through 54, and the building locations thereon shall be in substantial accord with such
lot lines and building locations as shown on the General Development Plan. Variations to such lot
lines and building locations may be authorized under Zoning Ordinance S 8, including Zoning
Ordinance S 8.5.5.3 provided that, in addition to all other applicable requirements, the Director
determines that the variations do not materially and adversely affect such views to a greater degree
than if such lots were platted and developed in the locations shown on the General Development
Plan.
/r/A1
Weather Hill Holdings, Ltd.
by: Marc C. Powell, Vice President
Weather Hill Holdings, Ltd.
Printed Names of All Owners
September 28, 2005
Date
Proffer Form
Wickham Pond
Weather Hill Holdings, Ltd.
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
August 25, 2005
Nick Michaels
Weather Hill Development, LLC
315 Old Ivy Way
Charlottesville, VA 22903
RE: ZMA 2004-017 Wickham Pond (Sign #64): Tax Map 56 Parcel 92
Dear Mr. Michaels:
The Albemarle County Planning Commission, at its meeting on May 24, 2005, unanimously
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
.
1. A written agreement between the applicant/developer and the adjacent property owner
regarding the stormwater management use of the pond must be submitted prior to the
Board of Supervisors public hearing and final wording of the proffers will be worked out
between the Planning Commission and the Board of Supervisors meeting.
2. Critical slope impacts will need to be formally resolved with engineering and current
development staff during the site plan stage.
3. The proffers regarding affordability and the long term application of the affordable units
need to be worked out and be acceptable to staff before it goes to the Board.
4. The proffer stipulating substantial compliance with the location of the houses and the
configuration of the units needs to be worked out between the Planning Commission and
the Board of Supervisors meeting.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on August 10, 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.
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,
Claudette Grant
Senior Planner
. Planning Division
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ZMA-04-17 Wickham Pond
Michaels
Page 2 of2
August 25, 2005
Cc: Joseph J Chambers
5023 Three Notch'd Rd
Charlottesville, VA 2290 I
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZMA 2004-017: Wickham Pond
STAFF: Claudette Grant
SUBJECT/PROPOSAUREQUEST:
Weather Hill Development, LLC has requested a
rezoning from Rural Area, R-A zoning district, to
Neighborhood Model- NMD for 107 residential
units of a property located at 5023 Three Notch'd
Road, Route 240, (also known as Last Nickel Farm).
PLANNING COMMISSION DATE:
July 19, 2005
BOARD OF SUPERVISORS DATE:
August 10, 2005
PROPOSAL:
Weather Hill Development, LLC has requested a rezoning ofa property located at 5023
Three Notch'd Road, Route 240, (also known as Last Nickel Farm) approximately 1,000 feet
from the intersection of Route 240 and Highlands Drive, which is also known as the entrance
to The Highlands subdivision from Rural Area, R-A zoning district, to Neighborhood Model
- NMD. At present, the property has a main house with several dependent buildings
consisting of barns, a small house, and smokehouse. A majority of the property is
undeveloped. With this rezoning, the applicant is requesting approval of 107 residential units
consisting of single -family detached and townhouse residential units. The applicant's
Application Plan and Code of Development, dated May 2, 2005 and revised on July 8, 2005
are attached as are the proffers. (See Attachment A for the Application Plan, Code of
Development and Proffers)
BACKGROUND:
The subject property has 20.52 acres and currently has a main house with several
dependent buildings consisting of barns, a small house, and smokehouse. A majority of
the property is undeveloped. With this rezoning, the applicant is requesting approval of
107 residential units consisting of single -family detached and townhouse residential
units.
DISCUSSION/FINDINGS:
The development meets the intent of the Neighborhood Model District. It has an approvable Code of
Development. Proffers are appropriate in substance, but the form will need to be re-worded with the
Department's of Zoning, Housing, and the County Attorney's office.
Density is slightly in excess of that recommended in the Crozet Master Plan; however, 14 affordable
units are provided.
Stormwater management is generally acceptable but requires definitive approval from the adjacent
property owner.
tf)
RECOMMENDA TION:
Staff recommends approval of the rezoning and proffers with the condition that: .
1. A written agreement between the applicant/developer and the adjacent property
owner regarding the stormwater management use of the pond is submitted prior to the
Board of Supervisors public hearing and final wording of the proffers will be worked
out between the Planning Commission and the Board of Supervisors meeting.
2. Staff notes that critical slope impacts will need to be formally resolved with
engineering and current development staff during the site plan stage.
.
.
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STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
CLAUDETTE GRANT
JULY 19,2005
AUGUST 10,2005
ZMA 2004-017: Wickham Pond
Petition: The petition is a request to rezone 20.52 acres from R-A, Rural Area to NMD,
Neighborhood Model District to allow single-family detached, and townhouse units with a
density of approximately 5 dwellings per acre. The property described as Tax Map 56
Parcel(s) 92 is located in the White Hall Magisterial District. The Crozet Master Plan of the
Comprehensive Plan designates this property as Development Area Preserve [CT -1], Urban
General [CT-4], and Urban Edge [CT-3]. The density allowed in a CT-4 area is 4.5 dwelling
units per acre for single family detached, single family attached and duplexes; up to 12
dwelling units per acre for townhouses and apartments and up to 18 dwelling units per acre in
a mixed use setting. The CT-3 area allows a density of 3.5 - 4.5 units per acre and 6.5 units
per acre, if accessory apartments are added for 50% of the residential stock.
.
Character of the Area: The properties adjoining the parcel vary in their level and type of
development. Across the street and to the north of the property, the character of the area is
very rural in nature. It contains single family residences and a mobile home development.
The Highlands residential subdivision development is located to the east of the property and
the property located to the west of the subject site is currently a fairly large wooded
undeveloped property which has the same land use designations as the Wickham Pond
property in the Crozet Master Plan of the Comprehensive Plan. The C & 0 Railroad is
located to the south of the site.
RECOMMENDATION: Staff has reviewed the proposal and associated proffers for
conformity with the Comprehensive Plan and the Zoning Ordinance and recommends
approval.
Plannin2; and Zonin2; History: The parcel has no planning or zoning history. The existing
house was built on the site around 1932.
Specifics on the Proposal: The layout of the development is shown in Attachment A as the
"Rezoning Application Plan". The residential development requested would allow for the
development of 1 07 units in this area of Crozet. The design and form of the complex allows
a variety of housing types mixed with some recreational features. There are a variety of
active and passive recreational features which meander through the site, at the front, center
and rear of the property. The plan preserves portions of the natural environment as well as
the main existing farm house and the smoke house. The farm house will become a meeting
house for this community and the smoke house will be incorporated into the play area for
children.
.
Proffers are provided to help mitigate impacts of the development on County facilities and
services. The applicant has proffered $1,000 per unit for the non-affordable units to address
capital facility needs and has proffered 14 affordable units.
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Staff believes that through action on recent residential rezonings, the Board has set an
expectation for offsets to impacts caused by residential developments. Stillfried Lane
Townhouses (ZMA 03-12) and Avon Park (ZMA 04-03) proffered $1000 per unit to be used
for capital improvements. These developments provided 26 and 61 new residential new
units, respectively. Other developments have proffered the equivalent of $3000 per unit
(ZMA 02-02 Hollymead Town Center Area C and ZMA 01-07 Albemarle Place). Briarwood
(ZMA 04-14) added four units to the development and changed housing types. No cash
proffer was made; however, a proffer to provide 25 new units in the overall development as
affordable units was made and accepted. This development is proffering $1000 per unit for
the market rate units and provision of 14 affordable units.
.
As stated in staff reports on other rezonings, staff believes that further guidance from the
Board on expectations for proffers and affordability is needed in order for staff to effectively
convey these expectations to applicants. For the time being, however, staff can only rely on
previous actions of the Board as guidance to applicants on expectations for off-sets to
impacts of new development.
Applicant's Justification for the Request: The key points are that the applicant believes
this project is in keeping with the Crozet Master Plan and the Principles of the Neighborhood
Model. This development will primarily be a residential community consisting of a mix of
both multi- and single-family residential units. This development will not provide a
neighborhood center or convenient shopping, but these characteristics are in close proximity
to downtown Crozet. Pedestrian friendly, this development provides both formal and
informal walking paths, which will allow residents to enjoy the various recreation
opportunities available on the site. .
Bv-ri2;ht Use of the Property: If developed under the current RA zoning, the by-right use
would result in 5 single family residential lots.
Comprehensive Plan and The Nei2;hborhood Model: Requests for rezonings in the
Development Areas are assessed for conformity with the Neighborhood Model and the Land
Use Plan.
The Crozet Master Plan shows this area as Corridor, which should:
· Follow a linear pattern along an important thoroughfare and the continuum is inverted,
which means instead of the least intense development occurring on the edge or fringe,
adjacent to the thoroughfare, the most intense pattern has developed over time to take
advantage of visibility and easy access from the road. In other words the intense
development moves from the center of the project to the edge adjacent to the
thoroughfare.
· The "building" of the corridor-type incorporates what has already occurred along major
thoroughfares and seeks to use it to create a distinct character for the place.
The Crozet Master Plan designates the front portion of this site adjacent to Route 240 as
Development Area Preserve or CT1. The Master Plan describes the preserve as a public
space providing an area for unstructured recreation and gatherings while preserving the
natural state of an undisturbed (relatively speaking) area. This space allows for the natural
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succession of native Piedmont plant species and protects the habitat of local wildlife. It might
also serve as a large-scale stormwater retention area, providing habitat for native wetland
plant and animal species.
In respect to the preserve area, the Architectural Review Board has requested that both the
application plan and the master plan show the proposed planting of the new hedgerow along
Route 240 at the north edge of the site, all proposed planting associated with the
hammerhead, and all proposed plantings and existing plants to remain 500' into the site
(minimum). All of these plantings are currently included on the illustrative in the front of the
Code of Development, and notes are included on these same drawings referring to the Code
of Development for further information on the planting of the new hedgerow (Route 240,
north edge of the site).
.
The density of the proposed project is relatively consistent with the density classifications in
the Crozet Master Plan with the exception of Block 5, which is designated CT3 in the Crozet
Master Plan and allows 4.5 dwelling units per acre and 6.5 units per acre, if accessory
apartments are added for 50% of the residential stock. With the addition of the 14 affordable
housing units in this block, the density is 9 dwelling units per acre. Block 7 is also designated
CT3 in the Crozet Master Plan, and allows the same dwelling units per acre as mentioned
above. If the townhouse option is used there are 7.2 dwelling units per acre in this block.
However, if the single family option is used the density complies with the master Plan. The
staff recommends the slightly higher than allowed density within these two blocks because it
allows for a better designed community, which includes affordable housing options. Based
on the Crozet Master Plan, the applicant could develop a total of 128 units. However, the
applicant is proposing a total of 107 units.
The Open Space Plan shows this area to have wooded area around the pond which is a non -
tidal wetland. The 100 foot stream buffer will help to preserve the wooded area around the
pond.
The ways in which the proposed project meets the twelve principles for development in
accordance with the Neighborhood Model are provided below.
.
Pedestrian Sidewalks and paths are provided throughout the site along with a
Orientation sidewalk along Route 240, which will eventually tie into a sidewalk
leading to downtown Crozet. Staff believes this principle is met.
Neighborhood The Crozet Master Plan shows two road connections between this site
Friendly Streets and the adjacent undeveloped site located to the west of this property.
and Paths Due to environmental concerns and protection of the stream buffer
area only one street connection to the western undeveloped site could
be incorporated into the Wickham Pond development. The applicant
has included a section within the Code of Development that addresses
curb, gutter, sidewalk, and street trees, which meet the Neighborhood
Model District classification. Low speed limits, and sidewalks
buffered with street trees will help create a safe environment.
Landscape in the street island will also help to create neighborhood
friendly streets. This principle is met.
Interconnected There is a street pattern in the development that will eventually
Streets and connect to the adjacent property on the east with a road. There were
5
(])
Transportation limited opportunities for interconnection due to environmental factors
Networks to the east of the property and the Highlands community to the west
is already developed with individual lots. This principle is met.
Parks and Open At the front of the site, adjacent to Route 240 is a large park set for
Space passive and active recreation. The existing farmhouse is included in a
portion of this area. There will also be a tot lot and gardens in this
vicinity. There will be a park in the center of the development
equipped with a bandstand. A third park area will be towards the rear
of the site near the existing pond and a small pocket park will be
located across from the larger park area with the pond. This principle
is met.
Neighborhood Outside of the meeting house, which is the existing farm house, there
Centers are no true neighborhood centers within this development. However,
proximity to downtown Crozet and the Con-Agra development, along
with future sidewalk connections, will help make these neighborhood
centers relatively easy to get to for the residents of Wickham Pond.
Staff believes this principle is met.
Buildings and This development with its single-family and townhouse residences
Spaces of Human will not exceed three stories in height. The proposed size of the lots
Scale and yards will also help to keep the community on a human scale.
The proposed hedgerow along Route 240 at the north edge of the site
and the hedgerow adjacent to the Highland properties will help to
keep the space of this development on a human scale. All of these
elements are included in the Code of Development. This principle is
met.
Relegated Parking A majority of the residences will have garages. The area at the rear of
the site with the parking lot is relegated to the side of the townhouses
it will serve. There will be some on street parking available. This
principle is met.
Mixture of Uses There is not a mixture of uses on this site. It is a relatively small to
medium sized residential development that will offer the opportunity
for some home-based occupations. The proximity to centers such as
Con Agra and downtown Crozet helps to provide other uses close to
this community.
Mixture of Housing There are a variety of housing types within this development
Types and including single-family and townhouses. The developer is providing
Affordability fourteen affordable units which will be developed as secondary
dwellings within a townhouse setting.
Redevelopment Wickham Pond is formerly known as "Last Nickel Farm". It is an
example of an infill project.
Site Planning that The following critical slope areas will be impacted: A small area of
Respects Terrain critical slopes in Block 1 adjacent to the existing barn and tenant
house. Small pockets of critical slopes upstream of the pond from the
existing Spring House up the swale to the southern property line will
be impacted by the road construction, grading for Block 3 and
perimeter erosion control measures. Critical slopes area at the rear of
the property and adjacent to a culvert under the railroad tracks will be
impacted by the construction of Block 4 and the necessary erosion
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Clear Boundaries
with the Rural
Areas
control measures. Critical slopes along the east side of the pond are
proposed to be regraded in order to construct an aquatic bench as part
of the strategy for managing stormwater quality. The largest area of
critical slopes which is along the west side of the pond is not to be
disturbed. The developer has kept the residential lots outside of the
natural stream buffers protecting the natural environment.
The property abuts Three Notch'd Road which is a development area
boundary. The proposed hedgerow and open space at the entrance to
the development will help maintain the rural development area
boundary on the development area side.
.
STAFF COMMENT
Relationship between the application and the purpose and intent of the requested
zonine: district The purpose and intent of the Neighborhood Model (NMD) district is to
establish a planned development district in which traditional neighborhood development, as
established in the County's Neighborhood Model, will occur. The NMD provides for
compact, mixed-use developments with an urban scale, massing, density and an
infrastructure configuration that integrates diversified uses within close proximity to each
other within the development areas identified in the comprehensive plan. The existing Rural
Area (RA) zoning district provides for preservation of agricultural and forestal lands and
activities, water supply protection, limited service delivery to the rural areas, and
conservation of natural, scenic, and historic resources.
.
The application is for a dense residential use in the development. The existing RA zoning
would not permit this level of residential development on the site. The NMD will allow the
dense residential uses proposed. The densities proposed in the Wickham Pond development
are relatively consistent with the CT 3 and 4 as described in the Crozet Master Plan.
Public need and justification for the chane:e The County's policy for encouraging
development at higher densities within the Development Areas provides a public need and
justification for the request. Form and design are as important to a successful project,
though, as the density.
Anticipated impact on public facilities and services
Transportation -Approximately, an additional 636.55 vehicle trips per day are expected
from this development. Route 240 is capable of absorbing this additional traffic with
minimal impact.
Water and Sewer - Water and sewer are available to serve the site.
.
Schools - Children from this development would attend Crozet Elementary School,
Middle School and High School. Using the County's multipliers for townhouse
development, a total of 14 children are anticipated with the 72 units. Using the County's
multipliers for single family detached residences, a total of 12 children are anticipated
with the 35 units.
7
(@
Stormwater Management - A stormwater facility is shown on the pond located partially
on the subject site and on the adjacent property. The applicant has noted a verbal .
agreement with the adjacent property owner regarding the use of the pond for stormwater
management. Because the design of this development is dependent on the storm water
management shown, staff is requesting a written agreement between both property
owners regarding the use of the pond for stormwater management purposes for the
Wickham Pond development prior to approval of the rezoning by the Board of
Supervisors.
Fiscal impact to public facilities - A fiscal impact analysis is provided as Attachment
D. The fiscal impact analysis was based on an earlier plan. Staff feels the additional
number of units proposed is minimal and would not be a major impact on the original
numbers. As with all residential rezonings, the fiscal impact is greater than the revenue
generated to pay for services.
Anticipated impact on natural. cultural. and historic resources - This site is largely
undeveloped. Some of the natural resources located on this site are a pond, a stream and a
spring house. The developer has worked diligently with staff to keep development out of the
stream buffer, which is partially located, adjacent to an undeveloped site. It is anticipated that
the pond will be used for Wickham Pond's stormwater management. The existing farmhouse
and smokehouse are historic resources, the developer plans to retain. The farmhouse will be a
meeting house and the smokehouse will be relocated in the children's play area. Preservation
of the stream buffer, pond, existing farmhouse and smokehouse will help maintain the rural
character of this site, and result in low impact to these resources.
SUMMARY
.
Staff has identified the following factors, which are favorable to the rezoning request:
1. The rezoning is primarily in keeping with the Crozet Master Plan.
2. The proposed use provides for a "mixture of housing types in this part of
Crozet.
3. Residential uses are supported by a pedestrian network, public services
(schools, fire, and rescue services) and close proximity to shopping and
employment.
4. Historic resources (the existing house and smokehouse) are being preserved.
5. The stream buffer is being preserved.
6. The applicant is proposing some affordable housing opportunities.
7. There will be a green bufferlhedgerow at the front of the site adjacent to Route
240 and on the eastern side of the site adjacent to the Highlands development.
Staff has identified the following factors which are unfavorable to this request:
1. Applicant has not fully resolved stormwater management with the adjacent
property owner.
2. Two blocks of the development have slightly higher density than what the
Crozet Master Plan calls for.
3. Some areas of critical slope will be impacted.
.
8
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Attachment A
Application Plan and Code of Development dated May 2, 2005
with July 8, 2005 Revisions, and Proffers dated July 11, 2005
The Application Plan and Code of Development can be found attached to the
back of this packet. The Application plan maps are embedded within the
Code of Development
The Proffers are on the following page
.
.
.
.
.
.
.
.
RECOMMENDED ACTION: Staff recommends approval of the rezoning and proffers
with the condition that:
3. A written agreement between the applicant/developer and the adjacent property
owner regarding the stormwater management use of the pond is submitted prior to the
Board of Supervisors public hearing and final wording of the proffers will be worked
out between the Planning Commission and the Board of Supervisors meeting.
4. Staff notes that critical slope impacts will need to be formally resolved with
engineering and current development staff during the site plan stage.
.
ATTACHMENTS:
Attachment A - Application Plan and Code of Development dated May 2, 2005 with July 8,
2005 Revisions and Proffers dated July 11, 2005.
Attachment B - Tax Map
Attachment C - Vicinity Map
Attachment D - Fiscal Impact Analysis dated May 6, 2005
.
.
9
Attachment A
.
DRAFT
Original Proffer 3/16/05
Amended Proffer (Amendment # _ )
PROFFER FORM
Date of Proffer Signature: 07/11/05
ZMA # 2004-17
Tax Map 56 and Parcel Number 92
20.52 Acres to be rezoned from RA to NMD (Neighborhood Model Development)
;." Q,..,""r",..A~n,...p, n,;t"h *ht:Jt. rrt.r1A ryf'nAH,o.l,....,,__rno.nt Irlt::I,tArJ 1n1" Q "')f\f\<\ .,.....,..-1
... ",",,""VI \..U..Ul"","" '" ...... ............ ...........Vy""' VI. .L.',-,,, ""IVPJ.l1,""lJL \ yu...""u oJ UJ,. u~ ...VV.,.I , UJJU
Application Plan (dated July 8, 2005)
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent,
hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned with the
offered plans approved for development. These conditions are proffered as a part of the requested rezoning and it is
agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the rezoning request.
.
(1) The owner shall contribute $93,000 cash to the County's capital improvement program to be distributed to the
County in increments of $1 ,000 cash per unit, prior to or at the time of any building permit for any market-rate
townhouse or detached single family dwelling unit. If this cash contribution has not been exhausted by the
County for the stated purpose within ten (10) years from the date of the contribution, all unexpended funds
shall be refunded to the owner.
(2) The owner shall provide fourteen units of affordable housing ("for rent" apartments) as identified on the
application plan. The owner shall convey the responsibility of constructing the affordable units to any
subsequent purchaser of the subject property. The current owner or subsequent owner shall create units
affordable to households with incomes less than 80% of the area median income, such that housing costs (rent
and renter's insurance) do not exceed 30% of the gross household income. The fourteen lots affected will have
a deed restriction to be defined in the Covenants, Conditions and Restrictions for the Wickham Pond
Homeowners Association to enforce this proffer, said restriction to be approved by Albemarle County Office of
Housing.
Signatures of All Owners
Vito Cetta
Printed Names of All Owners
July 11, 2005
Date
OR
Signature of Attorney-in-Fact
Printed Name of Attorney-in-Fact
.
Proffer Form
Wickham Pond
Weather Hill Development, LLC.
Page 1
.
~/ '
, ,,,,,,////' / i
/"./ /// ,/---------
Attachment B
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Attachment C
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Attachment 0
COUNTY OF ALBEMARLE
MEMORANDUM
TO: Claudette Grant, Senior Planner
I::onl\ll.
. I",,-,IW..
C+.o'ly.o...-, ^ ^ llC'1hn.nC'lA -r;~C'I"'l';Jl T.,..,...,-nl:lr-+ 6.n~l1'1~t !\AkA1'
LJ L\.,.oo v \,.I,U. fL. [.1...U.I:JJ..VU~""', ...L .h>VU..1 ~.I.J.1-'u..v.. .L .:L.I.U..&.J. Y tJl.. ,~v-
DATE:
May 6, 2005
RE:
ZMA 04-17 (Wickham Pond)
I analyzed two separate scenarios for the property in question. The first scenario involved the
maximum new development that could take place under existing zoning, while the second scenario
involved the new development that would occur if the County approved the proposed zoning changes
for the property. The results of these two analyses appear in the attached "Budget Summary:
Existing Zoning" and "Budget Summary: Proposed Zoning" documents.
In the case of the first scenario, I assumed that five single family detached residences (SFD's) would
be built during the course of the next year. CRIM estimates that, after build-out, the type and level of
development that could take place under existing zoning would result in the following net annual
fiscal impact:
Fiscal Impact - Current Zoning
Property Taxes
Other Revenues
$8,000
13,000
Total Revenues
$21,000
School Expenditures
County Govt. Expenditures
($19,000)
(5,000)
Total Expenditures
($24,000)
Net Annual Fiscal Impact
($3,000)
W"
."-., \
. ,
\)-2
ZMA 04-17
May 6, 2005
Page Two
.
In terms of the annual impact that the development of five SFD' s would have on the County's capital
costs, CRIM estimates the following result:
CIP Impact -- Current Zoning
Schools CF Pay-As-You-Go ($0)
"_1..__1~ r'L' T'\_1.... "__.:__ ilt'-r rvv\\
.:lvllUUI~ \....-.1. .lJ\;;Ul .:l\;;1 V Iv\;; "4> J , VVV)
Total Schools CIP Impact ($7,000)
County CF Pay-As-You-Go ($0)
County CF Debt Service ($0)
Total Cty. Govt. CIP Impact ($0)
Net Annual eIP Impact ($7,000)
Note that these elP figures are included in the fiscal impact numbers listed on the previous page. .
(The $7,000 in capital costs is part of the $24,000 in the estimated total annual expenditures
resulting from the development of 5 SFD's). These elP numbers are presented separately to
highlight the magnitude of the capital costs that would be associated with such development.
The second scenario that I ran involved the proposed construction of27 SFD's and 58 SF NTH units
on the property. I assumed the development would be completed in one year, and that the average
cost of an SFD would equal $425,000 while the average cost of an SF NTH in the project would be
$290,000. CRIM estimates that, after build-out, this project would have the following net annual
fiscal impact:
Fiscal Impact -- Proposed Zoning
Property Taxes
Other Revenues
$203,000
204,000
Total Revenues
$407,000
School Expenditures
County Govt. Expenditures
($411,000)
($84,000)
Total Expenditures
($495,000)
Net Annual Fiscal Impact
($88,000)
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,,--- ~,
ZMA 04-17
May 6, 2005
Page Three
As for the impact of this proposed development on the County of Albemarle's capital costs, CRIM
estimated the following outcome:
CIP Impact -- Proposed Zoning
Schools CF Pay-As-You-Go ($0)
Schools CF Debt Service ($151,000)
Total Schools CIP Impact ($151,000)
County CF Pay-As-You-Go ($0)
County CF Debt Service ($0)
Total Cty. Govt. CIP Impact ($0)
Net Annual CIP Impact ($151,000)
Again, these CIP numbers are included in the total annual expenditures of$495,000 shown on the
previous page, and are presented separately to illustrate the relative magnitude of capital costs.
The numbers generated by the two scenarios that I ran indicate that, if the County approves
ZMA 04-17, the differential net annual fiscal impact would be $88,000 - $3,000 = $85,000. This
number means that, annually, the County would be $85,000 worse off approving ZMA 04-17
than denying the proposal.
Notes: (1) Although my analysis suggests that the approval of ZMA 04-17 would result in a net
annual fiscal drain to the County, this fact alone does not necessarily mean that ZMA 04-17 should be
denied, since the total mix of development taking place in Albemarle County in any given year might
generate a revenue-neutral outcome; (2) If Albemarle does not approve ZMA 04-17, the growth that
is assumed to be associated with this proposed development would likely take place somewhere else
in the County; and (3) When deciding whether or not to approve a proposed development, Albemarle
takes into consideration a number of issues other than just the project's fiscal impact. These issues
include, but are not necessarily limited to, affordable housing, transportation impacts, and
environmental well-being.
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CODE OF DEVELOPMENT
For
Wickham Pond
at Last Nickel Fann
Albemarle County, Virginia
ZMA-04-017
July 8, 2005
(Revised July 29, 2005)
(Revised September 28, 2005, pages 18, 21, 22)
Attachment A
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CODE OF DEVELOPMENT
For
Wickham Pond
at Last Nickel Farm
Albemarle County, Virginia
ZMA-04-017
Prepared for:
Weather Hill Development, LLC
315 Old Ivy Way, Suite 102
Charlottesville, Virginia 22903
(434) 296-9484
Prepared by:
Terra Concepts, P.c.
200 6th Street, NE
Charlottesville, Virginia 22902
(434) 295-6496
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Wickham Pond
INTRODUCTION 1
ILLUSTRA TIVE PLAN (Exhibit 1)
PROPERTY BACKGROUND AND EXISTING SITE CONDITIONS 2
HISTORICAL RESOURCES OVERVIEW 2
EXISTING CONDITIONS PLAN (Exhibit 2)
PLANNING CRITERIA AND PROPOSED LAND USE 3
Crozet Master Plan (Figure 1) 3
Crozet Master Plan Enlargement (Figure 2) 4
LAND USE FRAMEWORK 5
MASTER PLAN (Exhibit 3)
BLOCK DESCRIPTIONS 7
NEIGHBORHOOD BLOCK PLAN (Exhibit 4)
Permitted Land Uses by Block (Table 1) 9
Permitted Density (Table 2) 12
Development Breakdown per Application Plan (Table 3) 13
Minimum Lot and Yard Requirements (Table 4) 14
Setback Terminology (Figure 3) 15
Green Space and Amenities (Table 5) 16
GREEN SPACE AND AMENITY AREAS PLAN (Exhibit 5)
Land Use Summary (Table 6) 17
INFRASTRUCTURE
Street Classifications 18
Typical Street Section (Figure 4) 20
Typical Pavement Section (Figure 5) 20
Street Names 20
VEHICULAR CIRCULATION PLAN (Exhibit 6)
PARKING STUDY (Exhibit 7)
OVERALL INFRASTRUCTURE PLAN (Exhibit 8)
INFRASTRUCTURE PLANS (Exhibits 9-11)
PEDESTRIAN CIRCULATION PLAN (Exhibit 12)
ARCHITECTURAL AND LANDSCAPE STANDARDS AND URBAN REQUIREMENTS
Form, Massing, and Proportion of Structure 21
Materials and Color 21
Roof Pitch and Form 21
Architectural Ornamentation 22
Far;ade Treatments (including window and door treatments) 22
Streetscape Treatments 22
Lighting Treatments 23
Landscape Treatments 23
Recommended Plant List 24
Preservation of Historic Structures 26
COMPLIANCE WITH THE NEIGHBORHOOD MODEL DISTRICT PRINCIPLES
Pedestrian Orientation 27
Neighborhood-Friendly Streets and Paths 27
Interconnected Streets and Transportation Networks 28
Code of Development
July 8, 2005
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Wickham Pond
Parks and Open Space
Neighborhood Centers
Buildings and Spaces of Human Scale
Relegated Parking
Mixture of Uses
Mixture of Housing Types and Affordability
Redevelopment
Site Planning that Respects Terrain
Clear Boundaries with the Rural Areas
SUMMARY
APPENDIX
Plat of Subject Property
Overall Turning Movement and Sight Distance Exhibit (Sheet 1 of 4)
Overall Turning Movement and Sight Distance Exhibit (Sheet 2 of 4)
Overall Turning Movement and Sight Distance Exhibit (Sheet 3 of 4)
Overall Turning Movement and Sight Distance Exhibit (Sheet 4 of 4)
Existing Conditions Plan, Full-size
Application Plan, Full-size
Code of Development
July 8, 2005
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Wickham Pond
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INTRODUCTION
This submission is intended to describe a proposed Neighborhood Model District
community named Wickham Pond. In the following pages, and on the attached exhibits
and tables, this report will attempt to convey the vision for a new development, which
simultaneously embraces the Neighborhood Model District code, the Albemarle County
Comprehensive Plan, the Crozet Master Plan, comments from Albemarle County staff, the
solicited opinions of adjacent property owners, the local real estate market, and the vision of
the applicant. The intent is to clearly describe the framework within which a diverse, high-
quality residential community can evolve. The design expresses a form and character that is
more desirable than conventional suburban sprawl- a means of organizing and
concentrating development that is many times not permissible given conventional zoning
regulations. Within Wickham Pond a variety of housing types are to be provided, some of
which should qualify as affordable housing. Further, the plan preserves portions of the
natural environment, protects noteworthy historic structures, and offers ample opportunity
for recreation and enjoyment. An Illustrative Plan of Wickham Pond can be found on the
following page as Exhibit 1.
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In addition to the Illustrative Plan, this report also includes a number of exhibits of a more
technical nature. The most important of these is the Application Plan, found as a full-size
drawing in the appendix. The Application Plan condenses onto one drawing sheet the
neighborhood concept and most of the major design parameters guiding the property's
development. Supporting the Application Plan are drawings dedicated to particular
components of the overall community program such as roadways, pedestrian systems,
utilities and amenities. Tables within this Code of Development set forth the specific
parameters within which the proposed community will develop. Even though a degree of
flexibility is built into the document, much like covenants and restrictions, it provides new
and potential owners of Wickham Pond peace-of-mind that their neighborhood will develop
as planned. The Code of Development goes further by encouraging design diversity while
assuring that elements of traditional neighborhoods, such as front porches, a pleasing
streetscape and a variety of public gathering spaces are establish and maintained
throughout the community. Finally, to ensure clarity in the interpretation of the document,
the Code of Development defines certain terminologies that may be new and/ or unique and
clearly explains what activities will and will not be permitted within each section of
Wickham Pond.
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The Application Plan and Code of Development are intended to work in tandem, guiding
the development of Wickham Pond, so that the end result is a socially rich community with
a distinct mix of housing types and a quality of life unique to the Crozet Development Area.
Because these documents are important to the success of the community, both instruments
are being proffered with this application.
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Code of Development
July 8, 2005
Page 1 of 32
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EXHIBIT
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Wickham Pond
PROPERTY BACKGROUND AND EXISTING SITE CONDITIONS
Wickham Pond has been known for some time as "Last Nickel Farm." It is located on the
eastern outskirts of Crozet. The open character of the land is witness to the many years that
the tract was farmed by the Dammann family. The property has not been actively farmed
for several years and the most recent owners were planning to move on, hence the property
came available for purchase.
The land associated with this rezoning request comprises 20.52 acres and specifically is
referred to in county records as Tax Map 56 parcel 92. The land currently supports an old
farmhouse, several residential dependencies, a smoke house, and barn structures. Most of
the property is open grassland used primarily as pasturage for horses. The terrain is rolling
and, because of its open character, pleasing views of the surrounding countryside and the
Blue Ridge Mountains can be enjoyed from almost anywhere on site. The headwaters of an
intermittent stream have been identified within close proximity of the site boundary. The
small spring that emanates from this swale eventually feeds a pond that straddles the
boundary between the subject property and the tract to the west. The C&O railroad borders
the rear of the property. Existing site conditions are represented on Exhibit 2.
HISTORICAL RESOURCES OVERVIEW
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In January 2005, Dalgliesh, Eichman, Gilpin & Paxton, a local architectural firm experienced
in architectural preservation, performed a reconnaissance-level survey. In their report they
identified the main farmhouse and the smokehouse as the only two existing structures on
the property having redeeming architectural value. The farmhouse is an example of the
Dutch Colonial vernacular. Its interior decor and construction have been well maintained
and reasonably preserved over the years; therefore, it represents an excellent example of
that period's character, craftsmanship and "rural vernacular." Furthermore, as an ancillary,
yet common element on Virginia farms, the smokehouse also portrays excellent qualities of
that period, such as its "V" -groove ceiling boards, siding, brick foundation and roof
overhang.
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As a result of our initial observations and the above architectural survey, both structures will be
preserved. The main house will serve as a meeting house for the residence of Wickham Pond,
while the smoke house will be relocated and become an integral part of the children's tot lot area
behind the meeting house. By retaining these two structures Wickham Pond will be able to
honor the history of the parcel while offering recreational and social opportunities to its
residents.
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Copies of this report have been provided to, and are on file at, the Albemarle County Historic
Resources Department.
Code of Development
July 8, 2005
Page 2 of 32
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EXHIBIT
2
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Wickham Pond
PLANNING CRITERIA AND PROPOSED LAND USE
The property is currently zoned RA and is located within the Route 240 entrance corridor. The
Comprehensive Plan and the Crozet Master Plan both specify this parcel to support three land
uses (or transect zones). These zones, beginning at Route 240 and proceeding in a southerly
direction into the property, include CT 1 (Development Area Preserve), CT 4 (Urban General),
and CT 3 (Urban Edge).
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I Figure 1: Albemarle County Crozet Master Plan (above).
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Code of Development
July 8, 2005
Page 3 of 32
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Wickham Pond
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Figure 2: Enlargement of the site in relation to the Crozet Master Plan (above).
This application proposes to change the zoning classification of the subject parcel from Rural
Agricultural (RA) to Neighborhood Model District (NMD) as permitted in Albemarle Code
Chapter 18, Section 20A. In keeping with the precepts of the Neighborhood Model framework,
Wickham Pond will primarily be a residential community consisting of a mix of both multi- and
single-family residential units as shown on the Master Plan (Exhibit 3). In addition, the Code of
Development permits certain non-residential uses to a limited degree, however, none of these
other uses is envisioned or reflected on the plans at this time.
When developing the plan for Wickham Pond the intent was to respond to the densities and unit
types envisioned for the various transect zones within the site. The front of the property was to
remain largely undeveloped, while the middle was to receive rather dense development. The
rear of the property was designated to receive slightly less density than the middle section.
The adjacent property to the east is a residential community, whose development is winding
down, called the Highlands. Many of the residents have lived there numerous years and the
applicant is sensitive to the feedback received from these adjacent landowners. The area of the
Highlands that adjoins Wickham Pond consists exclusively of single-family homes. These future
neighbors have expressed a keen interest in seeing Wickham Pond develop as a residential
Code of Development
July 8, 2005
Page 4 of 32
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Wickham Pond
venue, and have expressed a strong desire to have only single-family lots placed immediately
adjacent to their homes. Therefore, the proffered plan reflects single-family lots along the
eastern edge, with a transition into smaller lots and several pods of townhomes as one moves
westward through the property. The mix of unit types addresses both the need for unit diversity
and affordable housing. The current arrangement of development attempts to closely reflect the
densities that the county mapped-out for this property and also addresses the desires of adjacent
landowners.
Amenities are an important element of a Neighborhood Model development. To that end,
amenities abound throughout the proposed community. Large, open areas reside along the
frontage of the property and extend into the site to encompass the existing farmhouse and its
grounds. A large park has been set aside in the middle of the community for active sports and
large events. To the rear, a great deal of land was reserved around the existing pond so that a
park-like setting could be maintained for all to enjoy. A sidewalk system has been shown which
ties all of these common areas together while helping to establish a social fabric within the new
community.
LAND USE FRAMEWORK
The layout of the proposed community shown on the plans can be broken down into sections,
each of which may have a distinctive feel given its location within the neighborhood, the type of
housing supported in that precinct or how a portion of the site may relate to a particular land
feature. The Neighborhood Model District regulations refer to these sections as "blocks". Each
project is to be composed of a series of blocks of somewhat distinctive character that are
organized by road and pathway systems and regulated by parameters that may be unique to that
specific block.
Once the blocks have been delineated it is possible to define what parameters will guide the
development within each area. To begin, the land uses that will be permitted within each block
can be set forth. Once those uses are identified, limitations on the number of units and density of
development can be established. Carried a step further, minimum standards for lot size and yard
requirements, and maximum limits on details such as building height can be listed. Insofar as
green space and amenities are critical components of the overall plan, a breakdown can be
provided that illustrates how developed common areas and undeveloped green space are to be
distributed and used. Finally, the impact of the development on the land can be summarized in a
manner that is readily understandable and provides the reader with a simple version of the
development details.
Wickham Pond is made up of 7 blocks, each of which is highlighted on the Neighborhood Block
Plan referred to as Exhibit 4. Following Exhibit 4 are six Tables. Table 1 lists the permitted land
uses, both residential and non-residential, that are permitted in Albemarle County as they relate
to this Neighborhood Model District. Not all uses have been deemed appropriate for inclusion at
Wickham Pond. This table delineates which uses the applicant has chosen to include in this
Code of Development
July 8, 2005
Page 5 of 32
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Wickham Pond
development. Table 2 charts the means used to determine the permitted densities intended for
this property in the Crozet master Plan. Table 3 describes the demographics of each block in
terms of size, type of unit(s) scheduled for that block density envisioned within each block and
any height limitations to be imposed. Table 4 more specifically details the parameters that guide
the development within each block. Items listed include frontage requirements, lot size ranges
and yard requirements. Table 5 shows where green space and amenities occur within the
community and is supplemented by Table 6, which wraps-up the project statistics in a Land Use
Summary. A brief description of each block is provided on the following pages.
Code of Development
July 8, 2005
Page 6 of 32
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Wickham Pond
BLOCK DESCRIPTIONS
Block 1
This block encompasses all land west of the main entrance into the community and also fronts
Route 240 - see Exhibit 4. Roughly 4.27 acres comprise the block and the development program
calls for 28 twenty-one foot-wide townhomes to be located just to the west of the existing
farmhouse, which will be preserved. All townhomes in this block are 3-story. 24 are provided
with single-car garages, while 4 forego the garage so that a ground-floor affordable rental unit
can be added in its stead. The addition of the affordable unit creates a duplex condition on these
four lots. All of the townhomes in this block front on a deadend street of minimal width that
terminates at a large green space running parallel to Route 240. Because the roadway does not
permit through traffic this should prove to be one of the quieter sections of the community. The
majority of the units back up against cornmon area that will surround the existing farmhouse and
smoke house. In this common area green space activities will be limited in order to conform to
the County's vision of a more pristine and rural character along the Entrance Corridor to Crozet.
Landscaping will be provided at the end of the hammerhead turn-around as well as along the
revised Route 240 frontage. Included in these improvements will be a new and improved
hedgerow of mixed vegetation, a black four-board fence and a 10' -wide pedestrian path. After
installation, the majority of this area will be permitted to evolve into a naturalized buffer,
requiring minimal maintenance.
Block 2
Block 2 is a similar depth tract of around 2.33 acres that resides directly across from Block 1 and
backs up to the first three homes on the adjacent Highlands subdivision. It takes up the balance
of the frontage of Wickham Pond along Route 240 and, similarly includes a noteworthy piece of
open space set-aside between the first home and the roadway as well as a continuous 20' wide
buffer along the Highlands. A hedgerow of mixed vegetation currently resides in this area,
which provides some degree of privacy between the subject site and the Highlands subdivision.
The purpose of establishing the buffer is to ensure the preservation of high- quality landscape
material that exists today, and to promote the enhancement of this area through removal of
invasive, dead or diseased material and the installation of supplemental plantings. This 20' -wide
buffer is excluded from the individual lots and will be maintained by the Homeowner's
Association.
The eight proposed homes in this area are modest as well, but are detached. Lots are typically 50'
wide and front directly on the main entrance road. All units are envisioned to have driveways
and garages, but certain units may have garages at the rear of the lot served by a shared
driveway. A certain amount of on-street parking for guests has been provided.
Block 3
Directly south of Block 2, and of 2.38 in size, is another pod of single-family detached homes.
These lots have a minimum width of 50' wide, but because many lots front on the outside of a
curve in a road, their radial side line configurations provide for a more spacious lot. The same is
true of the two corner lots that bookend this group of homes. Here again, homes will have
driveways and garages, some of which may be locate behind the homes. This block's unique
Code of Development Page 7 of 32
July 8, 2005
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Wickham Pond
characteristic is that the chevron-shaped roadway providing the frontage is a secondary road.
Because this road terminates at both ends at an intersection with the main road, there should be
no short-cut traffic passing through this enclave. These homes back up to the landscape buffer
described above and are aligned opposite the next four lots in the HigWands. These new homes
are to be similar in size to those in the Highlands. Directly across the street from a majority of
their front porches is a common green, or park. A noteworthy number of on-street parking
spaces for guests has been provided.
Block 4
This group of lots completes the development that will occur adjacent to the Highlands and the
20-wide landscape buffer. At just over two and three-quarter acres, this block supports the
fewest, yet most generous lots in Wickham Pond, each having a minimum frontage of 80'. The
seven large homes will abut nine lots in the HigWands. Because Block 4 is located in the rear of
the community it will not be exposed to the majority of resident vehicles. Here again, it is
expected that this area will remain rather quiet. Half of the homes will front on a small pocket
park to be established in the center island of a modified roundabout.
Block 5
Block 5 is a rather small, L-shaped area that encompasses 3.09 acres and supports two clusters of
townhomes. Although they are largely the same units as those in Block 1, these 3-story units will
not have garages, but, because of indigenous terrain, will have a lower living level. Parking for
owners and guests are provided on-street and in a small parking lot located at the elbow of the
two clusters. This building arrangement provides adequate screening of the parking lot for the
residents of Block 4. Of the fourteen units in this block, all will front on the pocket park. Half of
the 14 units will have a view out the back to the pond and the other half will abut common area.
Block 6
An additional nine single-family detached lots will share the 3.46 acres that make up Block 6.
These fifty-foot-plus-wide lots adjoin the farm to the west of Wickham Pond and many have been
offset from the property limits respecting an intermittent stream that has its origin near the
boundary line in this area. Given that this site lies within the watershed of a county drinking
water supply, all of the lots within this block have been modified so that no disturbance to the
stream buffer will result because of construction. With regard to parking, driveways and garages
have been provided, while on-street parking will serve guests.
Block 7
The centerpiece of Wickham Pond is Block 7, which encompasses 2.22 acres. This is the only
completely-interior block within Wickham Pond. Sixteen very nice townhomes will front on the
main spine road and each unit will have a driveway and garage accessed from this road. The
main living level will reside above the garage level and it will have on-grade access one story
above the garage and onto the central green described in Block 3. This Code of Development
permits the developer to substitute as many as eight single-family lots for the sixteen townhomes.
This is the only block within which unit types may change. Regardless of the nature of the units
constructed, these may prove to be some of the most desirable units in the community.
Code of Development
July 8, 2005
Page 8 of 32
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Wickham Pond
TABLE 1: PERMITTED LAND USES BY BLOCK
x = Permitted uses by block
Blank = Land use not permitted within the block
BLOCK
I II III IV V VI VII
Detached single family X X X X X
Semi-detached and attached single-family dwellings such as duplexes, X X X
triplexes, quadraplexes, townhouses, atrium houses and patio houses
Multiple Family dwellings X X X
rJl Rental of accessory structures
ClJ Homes for developmentally disabled persons (ref. 5.1.07)
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...
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ClJ
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Accessory Apartments! X X X X X
Accessory uses and buildings including storage buildings (also applies to X X X X X X
non-residential uses)
Assisted living
f---- ~est ~o~e,_ n~sln~ h9~ ~r ~l2.vale~cent .!:~~ _ _ _ _ _ _ _ _ _ _ -- - -- -- -- -- - --
Administrative, professional offices
Antique, gift, jewelry, notion and craft shops
Auction houses
Barber, beauty shops
Churches
rJl Cemeteries (only as currently exist)
ClJ Clothing, apparel and shoe shops
rJl
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3
... Clubs, lodges, civic, fraternal, patriotic (ref. 5.1.2)
~
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:'9
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ClJ
i::::: Contractor's office and equipment storage yard
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Day Care, child care, or nursery facility
Department store
Drive-in windows serving or associated with permitted uses
Drug store, pharmacy
Eating establishment (not including fast food restaurant)
Educational, technical and trade schools
Code of Development
July 8, 2005
Page 9 of 32
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Wickham Pond
I II III IV V VI VII
Electrical power substations, transmission lines and related towers; gas or
oil transmission lines, pumping stations and appurtenances; unmanned
telephone exchange centers; microwave and radio wave transmission and
relay towers, substations and appurtenances (ref. 5.1.12)
Electric, gas, oil and communication facilities, excluding tower structures
and including poles, lines, transformers, pipes, meters and related
facilities for distribution of local service and owned and operated by a
public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County
Service Authority. Except as otherwise expressly provided, central water
supplies and central sewerage systems in conformance with Chapter 16 of
the Code of Albemarle and all other applicable law
Farmer's market (ref. 5.1.36)
Fast food restaurant
Factory outlet sales-clothing and fabric
rJ'J Feed and seed stores (reference 5.1.22)
Q./ Financial institutions
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Q./
~ Furniture and home appliances (sales and service)
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Health spas
Home and business services such as grounds care, cleaning,
exterminators, landscaping, and other repair and maintenance services
Hotels, motels and inns
Indoor theaters
Indoor athletic facilities
Laboratories, medical or pharmaceutical
Laundries, dry cleaners
Laundromat (provided that an attendant shall be on duty at all hours
during operation)
Libraries, museums
Musical Instrument sales
Newsstands, magazines, pipe and tobacco shops
Newspaper publishing
Office and business machines sales and service
Optical goods sales
Outdoor amphitheater
Code of Development
July 8, 2005
Page 10 of32
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Wickham Pond
TABLE 4: MINIMUM LOT AND YARD REQUIREMENTS
LOT
BLOCK FRONTAGE LOT SIZES FRONT SIDE REAR
Primary Secondary Primary Secondary Primary Secondary
(min.) (5J.) 1 z 1 Z 1 Z
I 21' 1,600-5,200 16' 8' 8'3 2' 20' 12'
II 50' 6,800-14,000 20' 10' 5' 5' 5' 5'
III 50' 5,600-10,100 15' 4' 5' 5' 5' 5'
IV 80' 11,000-15,700 20' 12' 10' 8' 5' 5'
V 21' 1,350-2,900 12' 4' 8' 3 2' 4' 4'
VI 50' 6,000-10,000 12' 4' 5' 5' 10' 5'
VII 21' 1,600-3,500 16' 8' 8' 3 2' 20' 12'
Notes:
1. The Primary Setback is for "Environmented Space" only (see Figure 3 following this table).
2. The Secondary Setback is for ancillary, "non-environmented" building improvements (i.e. porches, chimneys, stoops, sheds, detached garages,
etc.) which may be constructed outside the Primary Setback (see Figure 3 following this table).
3. In the case of townhomes, where common walls are placed upon side property lines, the side yard setbacks shall be 0'.
Supplemental Notes:
Numbers above are based on the Application Plan design.
All building and wall footings, as well as eave overhangs, may encroach into any setback provided it does not breech any property line.
The existing house in Block 1 will be converted into a Meeting House for Wickham Pond residents and is exempt from all setbacks.
All exterior stairs and stoops are exempt from setback requirements.
Buildings constructed less than 5' from a property line are subject to additional restrictions that are contained in the Building Code.
Code of Development
July 8, 2005
Page 14 0/32
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Wickham Pond
SETBACK TERMINOLOGY
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Figure 3: Illustration that depicts how the Primary and Secondary setbacks relate to the architecture.
Code of Development
July 8, 2005
Page 15 of 32
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Wickham Pond
TABLE 5: GREEN SPACE AND AMENITIES
BLOCK Green Space Amenities
(SF) (SF)
I 77,7511 42,256
II 22,637 0
III 17,360 0
IV 34,702 0
V 78,039 16,894
VI 72,196 4,500
VII 34,688 25,687
Total SF 337,373 89,337
Total Acres 7.75 2.05
SUMMARY
Total Site Acreage:
20.52
15% Required Green Space Acreage:
Green Space Acreage Provided:
3.08
7.75
10% Amenity Acreage Required 2:
Amenity Space Acreage Provided 3:
2.05
2.05
Notes:
1. This number is based on the sum of Green Space and Amenity Space minus both the smokehouse and existing farmhouse in Block 1.
2. Based on Gross site acreage (Section 20A.9.a.2)
3. Based on Gross site acreage (Section 20A.9.b.2)
Supplemental Notes:
Amenities included within the areas noted above include, but are not limited to, tot lots, play fields, walking trails, meeting house, etc.
Code of Development
July 8, 2005
Page 16 of 32
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TABLE 6: LAND USE SUMMARY 1
TYPE
SF
(based on footprint)
AC
%
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BUILDINGS 2
58 Townhomes
35 Single-family Homes
1 Meeting House
97,716.53
48,720.00
46,375.00
2,621.53
2.24 10
1.12 5
1.06 5
0.06 0
3.32 17
0.18 1
0.73 4
2.41 12
0.86 4
14.10 69
20.52 100
20.52
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PAVEMENT 3
Parking Lot
Driveways
Roadway
144,479.03
7,924.68
31,600.00
104,954.35
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SIDEWALKS 4
37,287.02
PERVIOUS AREA
614,368.62
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TOTAL
893,851.20
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Total Site Acreage:
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Notes:
1. Numbers are approximate and based on the approved Application Plan design.
2. Townhomes are assumed to average 840 s.f. (21'x40'). Single-family homes are on average 1325 s.f.
3. On-street parking is included in the roadway area. Driveways are assumed to be on average 400 s.f. (10'x40').
4. Sidewalks leading from the primary sidewalk to each individual home are not included.
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Code of Development
July 8, 2005
Page 17 of32
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Wickham Pond
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INFRASTRUCTURE
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The infrastructure is what permits the community to function and at the same time organizes the
neighborhood and ties its various parts into a whole. In many cases it is the series of systems
that actually defines the blocks that make up the community.
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For this discussion, infrastructure includes vehicular roadways, pedestrian pathways, and the
requisite utilities that serve and support the development. In certain instances it is critical that
proposed infrastructure tie thoughtfully into existing improvements. Conversely, it is important
to provide for extensions of proposed infrastructure to accommodate well-orchestrated growth
that may occur in the future.
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The Neighborhood Model District text clearly defines the qualitative and quantitative
expectations the County has for infrastructure in these settings. While each development
proposal will differ slightly given its context within the county, it is rather easy to establish what
degree of improvements is appropriate for a particular location and its development program.
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Water, sanitary sewer, storm sewer and other basic systems that are attendant to all
developments do not necessarily warrant detailed discussion here, however, it should be noted
that the developer is agreeing to extend water and sewer laterals out from utility mains located
in the streets to serve each prospective dwelling.
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Given the size and density of this proposal, the street system and its hierarchy are of paramount
importance. For that reason a brief description of this component of the community follows.
Exhibits 5 - 10 further this discussion by illustrating the envisioned road, pedestrian, and utility
systems.
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Street Classifications
Each vehicular thoroughfare within a Neighborhood Model development must meet street
standards for a traditional neighborhood established by VDOT and the County Engineer. It
is understood that the County continues to work with VDOT to develop and refine these
standards, but at this time the final parameters have not been agreed upon. The following
standards are consistent with available draft guidelines.
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All travelways utilized at Wickham Pond may either be private or public. Private
travelways must meet Albemarle County private road standards and public travelways
must meet VDOT standards. Currently, it is proposed that all of the streets will be public,
unless the developer in the future decides otherwise and the planning commission approves
of same. In the event that the developer decides that certain roads should be private, those
roads must meet the Albemarle County private road standards and will be subject to
additional review. At this time, there is one type of Neighborhood Model travelway
utilized at Wickham Pond, that being the Street. The design and construction of the three
streets hereafter described shall be reviewed and approved by VDOT and the County
Engineer.
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Code of Development
September 28,2005 (revised)
Page /8 of 32
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Wickham Pond
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There are three streets within the project; Street' A', 'B' and 'C. Street' A', the primary
collector, runs north-south and begins at Route 240. A considerable degree of offsite road
improvements are envisioned to be required to connect this new street with the existing
Route 240 pavement. VDOT has been working diligently with the applicant to solidify the
design requirements for this intersection. The main entrance will be divided by a
landscaped island, having one ingress lane and two egress lanes. This configuration will
eventually merge into a typical right-of-way which will be fifty-four feet wide. The street
width will vary between thirty-two and twenty-eight feet wide from face of curb to face of
curb, with the wider section occurring between Route 240 and the first intersection with
Road B. These widths respect projected traffic volumes and accommodate parallel parking
on one side while the remaining portion of the right-of-way will consist of planting areas
and sidewalks. At the southern terminus, the street terminates in what VDOT considers to
be a modified round-about. The right-of-way becomes forty- three feet (43') at this point
with twenty-two feet between curb faces. In addition to the pavement there will be a four
foot wide mountable apron to accommodate turning maneuvers of over-size vehicles.
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Street 'B', a local street, is parallel to and intersects with Street' A' at two locations. It is also
the street from which Street C originates. One end terminates at the western property limits
of Wickham Pond, where accommodation has been made to permit extension of the road
into the neighboring undeveloped property. The typical right-of-way for this street will be
forty-four and one-half feet. Street 'B' is also twenty-eight feet wide between curb faces,
which allows for parallel parking on one side.
Street 'C, designated as a tertiary street, only serves the townhomes in Block #1. It has a
fifty-foot right-of-way. This street is to be twenty-four feet wide curb face to curb face and
does not allow for on-street parking. A VDOT approved "hammerhead" is provided at the
northern terminus to allow for emergency vehicle turnaround since this street is greater
than lS0-ft in length.
All streets are designed to promote slow moving traffic for the safety of the homeowners
with a design speed of 25 miles per hour. The streets will have curb and gutter sections
with a six foot minimum planting area behind the face of curb. To the outside of the
planting strip will be a S-ft sidewalk parallel the street. The plantings, sidewalk and streets
within all rights-of-way will be publicly maintained by VDOT.
In most cases, on-street parallel parking will not be striped and will be allowed only on one-
side of the street; however, there are instances where striping will occur due to a narrower
street width (i.e. around the modified round-about) and to delineate areas where parking
should not occur as one approaches a stop condition at an intersection. All parallel parking
shall be 7-foot wide measured from the face of curb. The homeowner's association will be
given some degree of authority to regulate on-street parking. Figure 4 illustrates a typical
street section while Figure 5 illustrates a typical pavement section for this development.
Code of Development
July 8, 2005
Page 19 of32
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Wickham Pond
Figure 4:
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2'-3' Sidewalk Planting Strip Parallel Parking
Travelway
Planting Strip Sidewalk 2'-3'
Right-of Way
Figure 5:
zt, ~t:6\ 'OM 9.I?,4,
<---- 3" ~t;O\ 1::\1 20
k--- B" ~ f'Ac.-\e..D
Street Names
Since the initial submission of the rezoning request, the E-911 department has been
contacted to reserve certain street names for Wickham Pond. Final site plan documents will
subsequently refer to Street I A' as Wickham Pond Drive, Street 'B' as Wickham Pond Way
and Street 'C' as Wickham Pond Court.
Code of Development
July 8, 2005
Page 20 of 32
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Wickham Pond
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ARCHITECTURAL AND LANDSCAPE STANDARDS AND URBAN REQUIREMENTS
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The following regulations and development guidelines will be applied to the buildings and lots
in Wickham Pond. The guidelines are intended to produce a development that exudes variety
while maintaining a degree of consistency that ties the entire development together in a pleasing
and well-orchestrated manner. In the event that there ever exists a conflict between these
standards and requirements and any applicable state or local codes, the codes shall take
precedence.
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Form, Massing and Proportion of Structure
· All single-family detached residences shall have a formal porch facing the street or
pedestrian courtyard. Townhomes shall have a small porch as part of their main
entrance. Where dimensions and logistics permit, these entries shall be covered. Certain
townhomes may have frontage on both a road and open space. In these instances the
front door may be oriented away from the roadway and more toward the open space.
. All first floors (not basements) shall be a minimum of 9-ft ceiling height.
· Garages on the large, single-family lots in Block #4 shall be recessed from the house
fa<;:ade if the garage doors are to face the street. Shared driveways on these lots will be
permitted.
· The single-family lots in Blocks 2, 3, 4 and 6 will be required to have picket fencing with
vertical pickets and swinging gates along the front property line bordering the main
street (Streets' A' and' B').
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Materials and Color
· Exterior siding shall consist of painted horizontal or board and batten-patterned wood or
Hardiplank, brick, stucco, or stone. Vinyl siding is not permitted.
· All materials and exterior colors shall be submitted and approved by the Wickham Pond
Architectural Review Committee.
· Multiple colors may be used for the main siding type. One trim color shall be used
throughout the structure. Siding colors shall be earth tones; white is not acceptable.
· Roof materials may be architectural dimensional shingles, tile, standing seam copper or
metal. In all cases roof colors will be muted, darker tones with low or no reflectivity.
· Exposed foundation areas shall be finished with stone, brick or stucco.
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Roof Pitch and Form
· Minimum roof pitch for main roof areas shall be 6:12 for gable end structures. Lower
pitches of 5:12 or 4:12 are permitted if a hip roof is employed and the design warrants it.
· Dormer roofs shall match the pitch of the principle roof.
· Shed roof dormers are permitted to use pitches one half of the main roof.
· With the exception of corner lots, ridgelines of the main structure shall be parallel or
perpendicular to the street.
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Code of Development
September 28, 2UU5 (revised)
Page 21 of 32
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Architectural Ornamentation
. While not wishing to dictate a specific architectural style, certain exterior elements shall
be utilized to provide a blended architectural context. Please see Fa\ade Treatments
below.
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Fa~ade Treatments (including window and door openings)
· On houses with siding, window and door trim, and corner boards, trim material
shall be 5/4" thick by a minimum of 4" wide painted wood, Miratec, or equivalent.
This shall apply to all exterior facades.
· Shutters, where used, must be half the width of the window in size. No shutters will
be allowed on "twin windows" without specific approval of the A.R.B.
· All components (with the exception of the floor material itself) used to construct
porches and decks shall be painted. This includes support columns, lattice work,
bands, railings, and pickets.
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Streetscape Treatments
· At the entrance to Wickham Pond from Route 240 and along the entire Route 240
frontage, a 4-board fence shall be installed, in conjunction with the first subdivision plat
or site plan in blocks 1 and 2, to define the limits of the community and provide a degree
of safety for those using the open space adjacent thereto. The fence shall be painted
black, similar to that which currently exists at the Highlands subdivision.
· front porches for townhouses shall be a minimum depth of 5 feet.
· Porch sections on single-family homes which face a road shall have a minimum depth of
7 feet.
· Sidewalks serving individual units shall be concrete or brick.
· In the case of driveway entrances, the area between the gutter line of the street and the
roadside edge of the public sidewalk shall be concrete unless VDOT approves, and the
developer chooses to install brick paving. Sidewalks adjoining parking lots serving
townhomes shall be concrete. Driveways to townhomes with garages shall be asphalt or
concrete, but stamped concrete is also permitted in these applications. Where individual
driveways occur, the developer will establish a consistent material and installation
method to be used for all driveways within a particular development block.
· Private drives for the single-family detached lots may utilize brick, asphalt, masonry
pavers, or solid stone. Gravel shall not be used except during construction.
· All streets and parking lots shall be paved with asphalt.
· Driveways for the townhome clusters shall be consistent as illustrated on the Application
Plan. Any changes to driveway entrance configurations shall be approved by VDOT
prior to installation.
· If shared, costs for driveway installation and maintenance shall be shared equally by the
two adjoining land owners. Owners and their guests shall not use any shared driveway
in any manner that inhibits use of the driveway by either owner. Guest parking has been
provided on the street.
· House numbers shall be mounted at the house and visible from the street.
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Code of Development
September 28, 2(}()S (re'vised)
Page 22 of 32
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. Mailboxes shall be mounted at the front door if the US Postal Service permits.
· Trash receptacles shall be placed at the street only on the evening before or the day of
scheduled pick-up. Receptacles shall be removed from the street by the end of the day of
each scheduled pick-up. At all other times the trash receptacles shall be located out of
view from the street. Suitable enclosures for the trash receptacles may include solid
fenced areas either located to the side or rear of homes, garages or in the event of
townhomes without garages, in a centralized location, out view from the street.
. Any lot desiring to have an irrigation system shall place the backflow-preventer out of
view from the street. Suitable locations include up-against the house, behind
landscaping, or in underground vaults. Homeowners shall paint the backflow-preventer
either a brown, dark green or black color so that it blends into the surrounding
landscape. Maintaining irrigation systems shall be the sole responsibility of the lot
owner. The Homeowner's Association may intervene in cases where poor design,
malfunction or poor maintenance results in spray onto public or common areas or
excessive water usage occurs.
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Lighting Treatments
. All exterior lighting shall comply with County ordinances.
· Fixtures shall not be shoe-box in character.
· Any street lighting along the road that is not regulated by the individual homeowner
shall be mounted on a 10-ft pole. The Homeowners Association shall be responsible for
maintenance, operation and costs associated with these features. They shall be metered
separately from individual lots.
· All street lighting fixtures shall be of the same manufacturer, style and color throughout
the development.
. Lamp posts and fixtures located on individual lots shall be of the same manufacturer,
style and color throughout the development.
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Landscape Treatments
· Once off-site road improvements have been accomplished and the frontage fencing has
been installed, a new hedgerow of mixed tree and shrub varieties will be created along
the northern limits of the property. Both evergreen and deciduous trees of various sizes
will blend with shrub masses to create a pleasing foil between the open space and the
busy roadway.
· All street tree plantings shall be a minimum 2.5" to 3" in caliper according to the
American Nurseryman's Association criteria. Installation of each species shall be
performed at appropriate times of the year. In general, trees shall be evenly spaced 30' to
40' on-center and located 3' from the back of curb. Tree spacing shall be flexible to
accommodate driveway locations. Uniformity in tree spacing shall be maintained as
much as possible, but may differ, on each individual street.
· Street tree branching shall be regularly maintained by the Homeowner's Association to
ensure clear sight lines along the street and sidewalk and from each intersection.
Branching shall not begin less than 5' from the adjacent ground surface and a minimum
of 7' of head clearance shall be maintained on all public sidewalks.
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Code of Development
July 8, 2005
Page 23 of 32
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. Street trees shall not be cut down for any reason unless the tree(s) are identified as being
unhealthy, dead or dying by a certified state arborist. In the event a street tree is
removed, it shall be replaced by a tree of equal or greater caliper of the same species at
the expense of the Homeowner's Association. Only at the approval of Homeowner's
Association can a substitute tree(s) species be installed.
. Trees located in front yards or in view from the street shall not be cut down by the
homeowner unless it is dead. In the case of suspected poor health or infestation, a
certified state arborist shall issue a letter to the Homeowner's Association recommending
that the tree be removed. In the event a tree is removed, the owner, at his/her expense,
shall install a replacement tree no less than 2" in caliper for a deciduous tree and 6' to 8'
in height for an evergreen tree. Homeowners are encouraged to plant their yards with a
variety of vegetative species, preferably those native to the area.
. Shrubs shall be used to visually buffer parking lots from public streets. Shrubs shall be a
minimum of 24" in height at the time of planting. Evergreen shrubs are preferred for
these installations.
. Supplemental plantings on individual lots are encouraged, particularly within the front
yard area to soften the appearance of building facades. Combinations of the various
types of plant material (evergreen and deciduous trees and shrubs) as well as native
plantings are encouraged.
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Recommended Plant List
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Botanical Name Common Name
Street Trees
Carpinus caroliniana American Hornbeam
Cercidiphyllum japonicum Katsura Tree
Cladrastis kentukea (lutea) Yellowwood
Fraxinus american a & cvs. White Ash
Gleditsia triacanthos inermis & cvs. Thornless Honeylocust
Liquidambar styraciflua "Rotundiloba" "Rotundiloba" Sweetgum
Quercus acutissima Sawtooth Oak
Quercus palustris Pin Oak
Quercus phellos Willow Oak
Quercus rubra Northern Red Oak
Quercus shumardii Shumard Oak
Platanus occidentalis American Planetree (Sycamore)
Ulmus parvifolia "Allee" "Allee" Elm
Zelkova serrata& cvs. Zelkova
Shade Trees
(in addition to the Street Trees list above)
Aesculus hippocastanum Common Horsechestnut
Acer nigrum & cvs. Red Maple
Acer saccharum & cvs. Sugar Maple
Betula nigra "Heritage" "Heritage" River Birch
Liriodendron tulipifera Tulip Poplar
Metasequoia glyptostroboides Dawn Redwood
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July 8, 2005
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Taxodium distichum & cvs. Bald Cypress
Tilia americana Linden
Tilia cordata & cvs. Linden
Sophora japonica & cvs. Japanese Pagodatree
Ornamentals Trees
Acer buergeranum Trident Maple
Acer griseum Paperbark Maple
Acer palmatum var. atropurpureum & cvs. Japanese Maple
Amelanchier canadensis & cvs. Shad blow Serviceberry
Amelanchier x grandiflora & cvs. Serviceberry
Betula platyphylla "Whitespire" "Whitespire" Asian White Birch
Carpinus betulus "Fastigiata" Pyramidal European Hornbeam
Cercis canadensis & cvs. Redbud
Comus florida & cvs. Flowering Dogwood
Comus kousa Kousa Dogwood
Chionanthus virginicus White Fringetree
Crataegus viridis "Winter King" "Winter King" Hawthorn
Koelreuteria paniculata Goldenraintree
Lagerstroemia indica & cvs. Crapemyrtle
MaJ?;nolia J?;randiflora & cvs. Southern Magnolia
Magnolia liliiflora Magnolia
Magnolia x loebneri & cvs. Loebner Magnolia
Magnolia x soulangiana & cvs. Saucer Magnolia
Magnolia stellata & cvs. Star Magnolia
Prunus incisa x Campanulata "Okame" Flowering Cherry
Prunus sargentii & cvs. Sargent Cherry
Prunus serrulata & cvs. Japanese Flowering Cherry
Prunus x subhirtella & cvs. Flowering Higan Cherry
Prunus yedoensis & cvs. Yoshino Flowering Cherry
Salix babylonica Babylon Weeping Willow
Stewartia pseudocamellia Japanese Stewartia
Parrotia persica Persian Parrotia
Evergreens Trees
Abies cancolor White Fir
Cedrus atlantica "Glauca" Blue Atlas Cedar
Cedrus deodara Deodar Cedar
Cedrus libani Cedar of Lebanon
Chamaecyparis lawsoniana Falsecypress
Cryptomeria japonica & cvs. Cryptomeria
X Cupressocyparis leylandii Leyland Cypress
Hex opaca & cvs. American Holly
Ilex x attenuata 'Fosteri' Foster's Hollv
Ilex x "Nellie R. Stevens" Nellie R. Stevens Holly
Juniperus virginiana & cvs. Eastern Redcedar
Magnolia grandiflora & cvs. Southern Magnolia
Pice a abies Norway Spruce
Picea orientalis Oriental Spruce
Picea pungens var. glauca Colorado Blue Spruce
Pinus densiflora Japanese Red Pine
Pinus resinosa Red Pine
Pinus strobus & cvs. Eastern White Pine
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July 8, 2005
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I Pinus thunbergiana Japanese Black Pine
Taxodium distichum Bald Cypress
I Thuja occidentalis & cvs. Eastern Arborvitae
Thuja orientalis & cvs. Oriental Arborvitae
Thuja plicata & cvs. Giant Arborvitae
Cvs denotes cultivars are acceptable
I The Preservation of Historic Structures
. Please refer to the Historical Resources Overview section within this Code of
I Development.
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Code of Development
July 8, 2005
Page 260132
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Wickham Pond
COMPLIANCE WITH THE NEIGHBORHOOD MODEL DISTRICT PRINCPLES
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Recently, Albemarle County adopted a new zoning district called the Neighborhood Model
District (NMD) which encourages development form to move away from conventional
design techniques to more urban ideals which promote better "livable" communities. These
communities tend to be attractive, denser, functional and interconnected. To ensure that the
NMD development proposals achieve these desired goals, twelve principles were created to
guide new development. Together these principles serve as evaluation criteria for each new
NMD proposaL As described in the previous pages of this Code of Development, Wickham
Pond will create a stronger, richer community, as well as, a better" quality of life" because it
has applied, either directly or indirectly, these twelve principles throughout the
development. The following synopsis describes how the twelve principles were
incorporated.
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1. Pedestrian Orientation
Wickham Pond encourages a convenient, safe and friendly, "walkable" community.
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There are two types of pedestrian orientation on site: sidewalks and paths. Sidewalks
will be continuous throughout the site and have both a formal and rigid appearance.
Paths will be less formal than the sidewalks and take the form of modest walkways
throughout the Wickham Pond green spaces and wider, regional-scale components
along Route 240. The latter is intended to eventually tie Wickham Pond to downtown
Crozet and future development within the precinct. The open space and pedestrian
systems within Wickham Pond will be rather robust and, consequently, the emphasis
at Wickham Pond is decidedly skewed toward a walking experience through a largely
green setting. Consistent with this philosophy, while on-street parking is being
provided, no unnecessary parking facilities are to be established within the
community. Providing unnecessary parking encourages driving and discourages a
social walking experience. It also increases run-off, pollution and ambient
temperature. Finally, it has the potential to solicit unwanted activity in certain areas.
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Sidewalks will be protected by a six foot planting strip from all travelways. Planted
within these strips will be street trees whose shade will help create a more comfortable
walking experience. Having a variety of pedestrian options along with a mixture of
housing types, recreational amenities and breathtaking views will make walking very
enjoyable at Wickham Pond.
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2.
Neighborhood Friendly Streets and Paths
Wickham Pond promotes a safe and friendly neighborhood to pedestrians.
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Techniques used include setting low speed limits, such as 25 mph, throughout the
community, buffering the sidewalks from the travelways with street h'ees and utilizing
the narrowest travelway acceptable to VDOT to help create a safer neighborhood. In
addition, providing sidewalks for pedestrians, locating crosswalks away from busy
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July 8, 2005
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intersections, introducing planted islands in wider street sections, offering various
routes to get around within the community, and providing interesting designations,
such as meeting houses, parks, bandstands, lakes and tot lots, further promote a more
friendly, social neighborhood. Together, these subtle elements, along with the
materials and accessories, compel neighbors to experience the public spaces within the
development and eventually become part of the community fabric.
3. Interconnected Streets and Transportation Networks
Wickham Pond demonstrates interconnectivity through the use of streets and
pedestrian orientation.
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Of the five types of transportation networks outlined in the Albemarle County NMD
guidelines, two are incorporated into Wickham Pond's design: streets and roads, plus
pedestrian paths.
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There are three streets serving the community. The first is a primary collector aligned
from Route 240 to the rear of the property. A secondary street intersects this main
spine road in two locations and eventually provides an opportunity for future
interconnectivity with the adjacent property to the west. Only one dead-end occurs
within the community and that is on the shortest street near the front of the property.
The terminus of this road occurs adjacent to a park setting. As previously stated,
interconnectivity is also accomplished through the use of sidewalks and pedestrian
paths, which connect all residents to one another and to the various amenity and open
spaces within the community.
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Since the entire length of the eastern boundary (with The Highlands subdivision) has
already been developed without any connecting spurs, there are no opportunities to
connect the two parcels other than the path shown within the green space area along
the Route 240 frontage.
4. Parks and Open Space
Wickham Pond features a multitude of parks and open space within the community.
Beginning with, and fronting along Route 240 is a large park set aside for passive and
active recreation that encompasses the existing farmhouse. This structure will serve as
a meeting house for the Wickham Pond residents. The developer envisions this area, in
essence, to remain natural in order to conform to the County's vision of a more
pristine and rural character along the Entrance Corridor to Crozet. Additional
improvements in this area will include a tot lot and gardens. Complementing this area
will be plantings that will buffer noise, diminish unattractive views from Route 240
and which supplement the plantings along the proposed internal streets.
Further back into the site are two additional parks. The first is located approximately
in the center of the development. The current vision is to provide a large open lawn
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venue with a centrally-located bandstand as a centerpiece. Activities envisioned in
this area will be largely active in nature and include sports such as frisbee and flag-
football and neighborhood gatherings. At the rear of the community and surrounding
the existing lake is the other park. This area is to be considered more passive than the
other two and used more for meditation, fishing, walking and relaxation.
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Across from the last park, and within the round-about, is a small pocket park.
Residents are expected to use this green space for more active purposes similar to
those in the first two parks. This area also will serve as a buffer between Blocks 4 and
5, as well as between Block 5 and the adjacent Highlands subdivision.
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Having a number of parks of varying size located throughout a development allows
for a variety of activities to occur simultaneously without interfering with one another.
The residents will be permitted to direct the use of each area over time to suit the
needs of the community as it evolves. In this way Wickham Pond's developer hopes
to encourage its residents to become engaged with, and invested in, the common
spaces.
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In addition to the above four parks, a twenty foot wide buffer will separate Blocks 2, 3,
and 4 from the Highlands subdivision. This buffer will be planted to further provide
privacy and promote an "in the woods" feel to the homes along this corridor. In total,
the residents at Wickham Pond are exposed to approximately eight acres (of it's
twenty) in parks and open space which are friendly, safe and well-connected while
being visible and convenient from all lots.
With the exception of landscape improvements installed by homeowners on their
individual lots, the future Wickham Pond Homeowner's Association will be charged
with maintaining the landscape features within the community.
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5. Neighborhood Centers
Wickham Pond unfortunately does not offer this Neighborhood Model principle;
however, given Wickham Pond's proximity to downtown Crozet and the Con-Agra
Business Park this goal is attainable to the community.
Within the Wickham Pond community the existing farm house will serve as the
"Meeting House" for the residents. This building and its immediate grounds will act
as the de facto neighborhood center, but will be restricted to use by residents and
guests, who are expected to walk or park on the adjacent street. It is anticipated that
this area could host association and club meetings, provide a venue for activities such
as card games, include exercise facilities and support small private parties. The rear
yard of the meeting house will have a patio area connecting the house with a fenced
tot lot. Existing mature trees will work in tandem with new garden areas to make the
entire area around the house a pleasing place to be.
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6. Buildings and Spaces of Human Scale
Wickham Pond creates a "livable" community that is proportionate, both
horizontally and vertically, to the human scale.
This is accomplished in the minimum lot and yard regulations, as well as the
architecture, the streetscape, and the open spaces. Both single-family and townhome
residences will be limited to three stories in height. Their appearance and scale will be
predicated upon topography or whether they have parking on the lowest level. Street
trees and street lighting will help diminish the hardscape experience and will provide
comfort during the day and night to those walking. From the street, all buildings will
present a very inviting fa<;ade and incorporate front porches along the sidewalk to
encourage conversation between those walking and their neighbors.
7. Relegated Parking
Wickham Pond tries to incorporate relegated parking on each lot and encourage on-
street parking.
A majority of the parking is associated with the use of the townhomes. With this in
mind, the developer has added a single-car garage to each unit except where limited
by topographic conditions. Also, parking for each single-family lot is required on the
lot and is strongly encouraged to occur either in a lower level garage (accessed from
the rear) or in a detached garage situated behind the primary house. In some cases,
neighbors are expected to share driveways to minimize the amount of paving and ask
guests to utilize the on-street parking available.
8. Mixture of Uses
While Wickham Pond contains only residential uses, it does provide a variety of
housing types and densities.
Several of the proposed blocks will allow home-based occupations. Rather than
include small-scale retail or commercial uses at the "public end" of the development,
Wickham Pond recognizes that the planned addition of new urban centers and sub-
centers in other areas of the Crozet community, some as close as the Con Agra
Business Park, will provide the mixed uses envisioned by the County in the
Neighborhood Model.
9. Mixture of Housing Types and Mfordability
Wickham Pond will offer four basic housing types within its 20.52 acres.
As previously noted there will be townhouses either with motor court parking or
parking on the lower level, detached single-family units on 50' -wide lots, detached
single-family units on 60' lots and detached single-family homes on 80' lots. In
addition, in aggregate, fourteen affordable units developed as secondary dwellings
within a townhouse setting will be provided in Blocks 1 and 5.
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10. Redevelopment
Wickham Pond, formerly known as "Last Nickel Farm," although situated near the
boundary of the Crozet Development Area, is an infill project under the Crozet Master
Plan.
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The roughly 20-acre farm currently supports a single family residence with two
accessory cottages, a smokehouse, a barn, and a garage on the front portion of the
property. The remaining residue is largely pasture. Given the wonderful character
and historical significance of several of the structures, the developer has chosen to
convert the existing farmhouse into a meeting house. Furthermore, the developer will
not only relocate the existing smokehouse, but convert it so it can be part of a
children's tot-lot, thus demonstrating the importance and value of taking something
already existing and redeveloping it in order to protect the area's natural and historic
resources.
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11. Site Planning That Respects Terrain
Wickham Pond respects the existing topography of the site and protects natural
stream buffers.
Currently the site is relatively flat along the Route 240 frontage. Once past the
smokehouse and accessory cottages, the site gradually drops and levels off around the
barn. Just past the barn the site begins to rise to a small knoll where a wonderful view
to the Blue Ridge Mountains appears. From this point, the site beings to fall off both
left and right, as well as to the rear of the property with an occasional rise. In the
lower depressions are two small swales feeding the existing pond. At the rear, the site
rises slightly to accommodate the C&O railroad.
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Proposed grades will remain relatively close to what's existing, affording the
opportunity to save some wonderful trees, respect the adjacent neighbor's views and
create opportunities for lower level living spaces on certain lots. It is expected that less
than 60,000 cubic yards of earthwork will need to be performed. This equates to a less
than 2' average depth of earthmoving over the entire site. Much of the existing terrain
modulation will be taken up within the programming of the buildings themselves.
12. Clear Boundaries with the Rural Areas
Wickham Pond is located with the Crozet Growth Area and therefore respects the
Development Areas goals and objectives.
The property is bounded to the north by Route 240, the east by the Highlands
subdivision, and to the south by the C&O Railroad. To the west, is one of the more
noteworthy undeveloped areas left within the Crozet Development Area. Plans have
been made in the Wickham Pond design that will allow certain interconnectivity to
occur with this undeveloped land, thereby strengthening some of the Neighborhood
Model principles. Until then, Wickham Pond has tried to preserve the edge between
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Wickham Pond
these parcels. Additionally, the Wickham Pond community has chosen to preserve
and even strengthen the edge between the Highlands subdivision and its own ranks,
as well as set aside a certain portion of it's frontage along Route 240 for re-
establishment of a roadside hedgerow. It is felt that these measures help protect and
maintain the rural boundaries deemed desirable by the County.
SUMMARY
Based on the above discussion, Wickham Pond demonstrates it will be an attractive, pedestrian-
friendly, and safe neighborhood where residents can live, relax and potentially work in a
beautiful surrounding. The Wickham Pond development also demonstrates clearly how it
embraces the goals and objectives of the Comprehensive Plan, the land use program outlined in
the Crozet Master Plan, direction received from the Albemarle County staff, input from adjacent
landowners, and the applicant's vision. Wickham Pond is not conventional suburbia but rather
an example of how new urbanism and the Neighborhood Model principles can be applied in a
somewhat rural setting to create a unique community.
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APPENDIX
Code of Development
July 8, 2005
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COU.I\'TY OF ALBEMARLE
Department of Communit) Development
401 Mdntin: Road. Room 227
Charlottesville, Virginia 22902-45%
Phone (434) 2%-5832
Fax (434) 972-4012
SepTember ]3,2005
Katurah Roell
PO Box S] 47
Charlottesville, V A 22906
RE: ZMA 2004-012 Luxor Commercial (Sign #24) &
81J-2004-00038 Luxor Commercial-Drive-ln Window-Bank (Sign # 24) &
SP-20GS-OOl Luxor Commercia! Veterinary Ofiice (Sign #17)
Tax Map is, Pared 55A4
Dear Mr. Roell:
The Albemarle County Planning Commission, at its meeting on August 30, 2005, unanimously
recommended approval of the above-noted petitions to the Board of Supervisors.
Action on ZMA-2004-012:
The Planning Commission unanimously recommended approval of ZMA 2004-012 to the Board
of Supervisors subject to the attached proffers.
Action on SP-2004-038:
The Planning Commission unanimously recommended approval of SP 2004-038 to the Board of
Supervisors subject to the conditions recommended by staff:
I. Drive-through windows will be limited to three (3); including one to be used for an ATM.
') Architectural Review Board issuance of a Certificate of Appropriateness.
3. Applicant is responsible for installation and maintenance of control devices such as
signage, and pavement markings as indicated on the application plan. The crosswalk just
beyond the drive-up window bays for the bank shall be identified with crosswalk signage
on either side of the drive aisle.
Roell
Page:2 of2
September 9, 2005
.
Action on SP-2005-002:
The Planning Commission unanimously recommended approval of SP 2004-038 to the Board of
Supervisors subject to staff s recommended conditions and the addition of conditions 4 and 5:
A separate entrance and exit shall be provided for the clinic in accordance with Section
5.1.] ]d.
No outdoor exercise area shall be permitted.
3. A note shall be added to the plan to identify the two trees that are to be bonded.
1.
')
~. The veterinary clinic be identified as located in building I!.
5. ArchitecTUral Review Board issuance of a CertificaTe of Approprialeness.
Please be advised that the Al bemaI'll' County Board of S L1pervisors wilJ review these petitions and
receive public comment at their meeting on October 12, 20tH. Any new or additional information
regarding your application must be submitted to the Clerk oFthe Board of Supervisors at least
seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me at (434) 296-5832.
,-'- ~~--.7
Sincerely>' --- .,,/ ,/
._?~_:;;;~:::~:'-":~-''':::f::'_''''''''_''_-_'-
/' Sean Dougherty
Senior Planner
Planning Division
.
SD/aer
Cc: North Pantops Townhouses LLC
POBox 8147
Charlottesville, VA 22906
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
.
COUNTY OF ALBEMARLE
.
EXECUTIVE SUMMARY
I
AGENDA TITLE:
ZMA 2004-12
SP 2004-38
I SP 2005-02
I ~IIO It=rTIDDnDn~LlI IRt=nlll=~T-
\..JVLJV'--'-' III I ""-'I .......'-'1 \.1..../' \.~~___'-' I .
AGENDA DATE:
August 30, 2005
ACTION: X
INFORMA TION:
luxor Commercial is a request to rezone 3.523
acres from R-6, and R-15 (Residential) to a
Planned District Mixed Commercial (PDMC) and
I to rezone 1.377 acres from C-1 (Commercial) to
I PDMC to allow a 1,500 square foot bank and
80,000 square feet of mixed commercial. Two
parcels are involved in the rezoning. Tax Map
78, Parcel 550 contains 1.377 acres and was
rezoned to commercial in 1995 (ZMA 95-11) to
allow for a stand-alone veterinary office. This
parcel is surrounded by Tax Map 78, Parcel
c; A4, a larger 23.168 acre parcel. Attachment A
ows the Application Plan and Attachment B
contains current proffers.
r.()N~I=NT A~I=NnA'
I -ACTlO'N:' . .--. --I'NFORMATION:
ATTACHMENTS: YES
REVIEWED BY:
Cilimberg
. The request also includes two special use
permit applications. These special use permit
applications are for a drive-in window for a bank
and for a veterinary office.
STAFF CONTACT(S):
Cilimberg, Dougherty
lEGAL REVIEW:
YES
BACKGROUND:
On June 30, the Planning Commission heard the request by North Pantops Townhouses to
construct a mixed-use center along Route 250 East, between Aunt Sarah's Pancake House and
the newly opened Eckerd drugstore. The Planning Commission shared concerns about the
project and gave the applicant and staff clear direction for the next hearing. Staff has worked with
~e applicant and resolved several issues and refined the proffers to address the Commission's
.ncerns.
Regarding ZMA 2004-12, the issues raised by the Planning Commission were:
_ The appropriateness of staff's recommendation for approval of the ZMA as it relates to the
Comprehensive Plan's recommendation for "no strip development" along this side of Route 250. .
- Adequacy of pedestrian access from front of site to rear.
- Need for a clear prescription for preserving two mature pines along Route 250, given the
proposed sidewalk location.
DISCUSSION:
Consistency with Comprehensive Plan recommendations: The Commission requested
additional information regarding the consistency of this proposal with the recommendations of the
Comprehensive Plan. This area is recommended for Urban Density Residential use. A specific
recommendation in the Plan related to this area that states:
. Limit "strip development" of Route 250 East by preventing commercial development along
the north side of the roadway from the 1-64 interchange to the regional service designation.
This recommendation was included in the 1995 Comprehensive Plan. The intent was to avoid the
creep of highway-oriented commercial style development eastward from the existing commercially
developed area, just west of the Montessori school site, which is designated Regional Service in
the Comprehensive Plan. However, since the adoption of the Plan in 1995, a number of
approvals and developments have occurred to change the character of this area. These include:
. Approval of veterinary clinic on the site of this proposal (approved, but not developed);
. Development of office buildings along the frontage of Route 250 below Westminster-
Canterbury, just east of the long standing restaurant (Aunt Sarah's) which is adjacent to
this site;
. Continued expansion of the Montessori school use;
. Approval and construction of the Eckerd Drug store adjacent to this proposal;
.
In addition, the emerging development of the large remaining portion of the "Luxor" property to the
north of this site will consist primarily of residential uses. The Luxor, Fontana, Westminster-
Canterbury, and Ashcroft developments combine to create a large residential area that could be
served by this commercial area.
The road system being constructed to serve the Luxor site essentially divides this site from the
rest of the Luxor residential area. While the remaining underdeveloped area (5 acres--3.5 acres
zoned residential, 1.5 acres zoned C-1) could be developed residentially, staff believes it would
be more difficult to integrate into the existing non-residential development. The site could be
better integrated into the existing non-residential development that has emerged in this immediate
area to provide a commercial site that would support the residential developments north of Route
250. This would be consistent with some of the preliminary findings from the Pantops Master
Plan public input process, which called for pedestrian/bicycle accessible commercial areas and
concern raised with emerging residential development North of Route 250 while most commercial
services are located south of Route 250. Furthermore, the applicant is proposing a mixture of .
uses, site design, and architectural style that is counter to typical strip development typologies.
Strip development is characterized by zoning and land uses that stretch along highway frontages
and include only one, conventional zoning and use. The mixture of uses in this development,
1-
architectural treatment along Route 250, and internalized parking and ample pedestrian facilities
help to provide a framework for considering the project as appropriate for this area.
Aummary staff believes that a well designed commercial area meeting the principles of the
~ighborhood Model in this location would provide a good neighborhood level service area that
can serve the residential areas north of Route 250. While not consistent with the original intent of
the Comprehensive Plan regarding commercial areas along Route 250, it may be considered an
appropriate development given the emerging pattern of development in this area and character /
design of this project as proposed.
Pedestrian circulation: Concerning the pedestrian circulation from the front to the rear of the
site, the applicant has shown this connection on the plan. The design provides safer and more
convenient access from the front of the site to the rear. The connection is coordinated with the
landscaping to provide a partially shaded connection.
Tree Preservation: Regarding the two mature pine trees and their continued preservation
through site planning and construction, the applicant has made changes to proffer 5 including
bonding the trees and hiring an arborist to implement the following plan for preservation:
"Tree protection shall be provided for the two large existing evergreen trees, in the
northwestern corner of the Aunt Sarah's entrance on Route 250. Tree protection shall
include appropriate fertilizing, tree protection fences, and mulching by a certified arborist.
With site plan approval, we wiii bond the two trees in the landscape pian for 2,000 dollars."
Proffers: The proffers are in final form and appropriately respond to impacts related to this
evelopment. The proffers have been reviewed by legal staff and appropriate amendments have
been made to the proffers to reflect that review.
New Information: Since the Planning Commission last reviewed this item, another substantive
issue has arisen. In further identifying the exact location of the access easement serving the Aunt
Sarah's site, the applicant has found that buildings were proposed in that easement. Since the
easement must be maintained free and clear of obstructions, the applicant has altered the design
of the building layout at the rear of the project.
Clustering the buildings at the rear of the site to one side allows for slightly better circulation
between the three buildings to the rear. Staff believes this change increases the functionality of
the pedestrian connection across the parking lot, as the buildings served by the connection are
now closer together. The implications for the Monticello viewshed are positive, particularly given
the location of the two mature evergreens, the design of tree islands to be located behind them,
and the clustering of the buildings to the rear allow them to be obscured by the buildings lining
Route 250. Engineering and Zoning have reviewed and approve of these changes.
RECOMMENDA liON:
Staff recommends approval of ZMA 2004-12 with proffers (attached).
e
,3
SP 2004-38 Drive-up window for the bank.
The Commission raised no issues with this request.
RECOMMENDATION:
.
Staff recommends approval of SP 04-38 with the following conditions:
1. Drive-through windows will be limited to three (3); including one to be used for an ATM.
2. Architectural Review Board issuance of a Certificate of Appropriateness.
3. Applicant is responsible for installation and maintenance of control devices such as signage,
and pavement markings as indicated on the application plan. The crosswalk just beyond the
drive-up window bays for the bank shall be identified with crosswalk signage on either side of
the drive aisle.
Regarding a previous request for SP 2005-01 (coffee shop drive-through), the applicant has
withdrawn the Special Use Permit request due to the constraints tied to the access
easement issues identified above.
SP 05-02 Veterinary Clinic
Regarding concerns raised by the Commission related to the original conditions set forth for the
veterinary clinic, staff has not identified a conflict, but has added an additional condition
prohibiting outside exercise areas.
RECOMMENDATION:
.
Staff recommends approval of SP 05-02 with the following condition:
1. A separate entrance and exit shall be provided for the clinic in accordance with Section
5.1.11d.
2. No outdoor exercise area shall be permitted.
ATTACHMENTS:
Attachment A - Application Plan
Attachment B - Proffers
Attachment C - Section 18 - 8.5.5.3 and Section 18 - 22 of the Zoning Ordninance
Attachment 0 - Rendering / Proffer Attachment
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Attachment B
Original Proffer _X_
Amended Proffer
(Amendment #
PROFFER FORM
Date: 10/12/05
ZMA # 2004-0012
Tax Map and Parcel Number(s)
TMP 78-55A4 and TMP 78-55D
4.9
Acres to be rezoned from
R-15. R-6. & C-l
PD-MC
to
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied
to the property, ifrezoned. These conditions are proffered as a part of the requested rezoning
and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such
conditions have a reasonable relation to the rezoning request.
1. The location of the structures relative to the exterior public streets, ingress and egress points,
and sidewalks to the exterior public streets. ingress and egress points, and sidewalks shown
on the application plan may not be varied under Albemarle County Code ~ 18-8.5.5.3, in
effect on October 12,2005, a copy of which is attached hereto as Attachment C, from that as
shown on the plan produced by Rivanna Engineering, dated October 13, 2004, last revised
July 27,2005, entitled "Application Plan for Luxor Commercial Center", herein referred to
as the "Application Plan".
2. Permitted uses of the property, and/or uses authorized by special use permit, shall include
only those uses allowed in Albemarle County Code ~ 18-22 in effect on October 12, 2005, a
copy of the section being attached hereto as Attachment C, except the following:
a. The following retail sales and service establishments:
3. Department store.
15. Retail nurseries and greenhouses.
b. The following services and public establishments:
3. Cemeteries.
9. Indoor theaters.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
] 6. Automobile service stations (reference 5.1.20).
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
3. No building permit shall be issued unless and until the Director of Planning, or his assigns,
determines that those building facades that are not governed by a certificate of
appropriateness issued by the Albemarle County Architectural Review Board are in general
accord with the "Perspective View from Route 250 Looking NW," prepared by Bob
Anderson and dated January 19,2005, which is attached hereto as Exhibit C. The facades
shall be determined to be in general accord if the form, massing, character and detailing
conform in all material respects to the building elevations. The exterior colors of the
buildings shall be earth tone.
(p
Attachment B
4. A plaza shall be provided between the two larger buildings fronting Route 250. This space
shall be no smaller than shown on the Application Plan and shall include outdoor amenities
(e.g" landscaping, sidewalks, benches, tables). There will be a pedestrian passage that
connects the plaza and the parking lot behind the buildings. This passage shall be a
minimum of20-feet wide and may have a roof and support structures (e.g. columns), but
shall remain open on two sides (i.e., shall not have walls, windows or doors). A certificate of
occupancy for buildings four and five will not be issued until the plaza between these
buildings is constructed. The plaza will be constructed of concrete. The plaza material may
be altered if approved by the Director of Planning.
5. Prior to the first final site plan approvaL the owner shall submit a tree conservation plan (the
"plan") prepared by a state certified arborist for the two large existing evergreen trees in the
southeastern comer of the site, as shown on the plan. The plan shall be submitted to the
Director of Planning for review and approval to assure that all applicable requirements have
been satisfied. The plan shall specify tree protection methods and procedures, including
fertilizing, tree protection fencing and mulching. The approved plan shall be complied with
during and after development of the property. When the plan is submitted, the owner also
shall submit a bond or other form of surety in an amount of $2,000 to guarantee the
replacement of one or both trees in the event that either or both die or are damaged for a
period of 2 years after approval of the final site plan for the land on which the two trees are
located. The bond or other surety shall be in a form acceptable to the County Engineer and
the County Attorney. The location of any sidewalk or any other improvements within 15 feet
of either of the trees shall be subject to design review during review of the first preliminary
site plan for the land on which those sidewalks, other improvements, or the two trees are
located t by the Director of Planning.
6. The Owner ofTMP 78-55A4 shall construct a two lane road between the Rolkin Road
Roundabout and the eastern boundary line of the site, as generally depicted on the
Application Plan and labeled "Aunt Sarah's Lane." This road shall be constructed in
conjunction with the first final site plan approved for the area under this rezoning and shall
meet VDOT design and construction standards. The purpose of this road shall be to provide
for the ultimate interconnection to the Route 250/ State Farm Boulevard (Route 1117)
intersection. In conjunction with the approval of the first final site plan approved for the
property, the Owner ofTMP 78-55A4 shall reserve the necessary right of way of the two
lane road, including all necessary drainage easements, for future dedication to the County
and will dedicate this right of way upon demand by the County. A plat showing future
dedication to be accepted by the Board will be prepared at the Owner's expense.
7. The Owner of TMP 78-55A4 shall construct a five (5) foot wide pedestrian asphalt path from
Aunt Sarah's Lane to the property's common line with Westminster Canterbury in the
general location shown on the Application Plan. The purpose of this path shall be to
facilitate an ultimate pedestrian connection to Westminster Canterbury. This path shall be
constructed in conjunction with the first final site plan approved for the property.
8. The Owner of TMP 78-55A4 shall provide a bicycle rack to hold at least 5 bicycles at a
location on TMP 78-55A4 to be determined with the first site plan approved for the property.
The bicycle rack shall be installed prior to the issuance of the first certificate of occupancy on
the property.
2
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Attachment B
9. At such time as a public road interconnection is made between the Route 250/ State Farm
Boulevard (Route 1117) intersection and the two lane road referenced in Proffer No.6 the
Owners ofTMP 78-55A4 and TMP 78-55D, and any parcel(s) ofrecord which may be
created therefrom in the future shall close the ingress into their parcels at the current Aunt
Sarah's entrance on Route 250.
Signatures of All OVv'ncrs
Printed !'James of ~~\.ll Ov.,roers
D(l1~
Signatures of All Owners
Printed Names of All Owners
Date
Signatures of All Owners
Printed Names of All Owners
Date
3
t:
Attachment C
Section 18 - 8.5.5,3 of the Zoning Ordinance - Variations
VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF
DEVELOPMENTS
The director of planning and community development may allow a site plan or subdivision plat for
a planned development to vary from an approved application plan, standard of development and,
also, in the case of a neighborhood model district, a general development plan or code of
development, as provided herein:
a. The director is authorized to grant a variation from the following provisions of an approved
plan, code or standard:
I. MInor variations to yard requirements, maximum structure heights and minimum lot
SIzes;
2. Changes to the arrangement of buildings and uses shown on the plan, provided that the
major elements shown on the plan and their relationships remain the same;
3. Changes to phasing plans;
4. Minor changes to landscape or architectural standards; and
5. Minor variations to street design.
b. The applicant shall submit a written request for a variation to the director; the request shall
specity the provision of the plan, code or standard for which the variation is sought, and state
the reason for the requested variation; the director may reject a request that fails to include the
required information.
c. The director is authorized to grant a variation upon a determination that the variation: (I) is
consistent with the goals and objectives of the comprehensive plan; (2) does not increase the
approved development density or intensity of development; (3) does not adversely affect the
timing and phasing of development of any other development in the zoning district; (4) does
not require a special use permit; and (5) is in general accord with the purpose and intent of the
approved application.
d. Any variation not expressly provided for herein may be accomplished by rezoning.
Section 18 - 22 of the Zoning Ordinance: C-l Commercial
22.2.1 BY RIGHT
The following uses shall be permitted in any C-I district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the director of
planning and other appropriate officials, may permit as a use by right, a use not specifically
permitted; provided that such use shall be similar to uses permitted by right in general character
and more specifically, similar in terms of locational requirements, operational characteristics,
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
II. Optical goods.
12. Photographic goods.
Attachment C
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Attachment C
13. Visual and audio appliances.
]4. Sporting goods.
] 5. Retail nurseries and greenhouses.
b. The following services and public establishments:
]. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.] .02)
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.] .09).
7. Funeral homes.
8. Health spas.
l). Indoor theaters.
10. Laundries, dry cleaners.
I]. Laundromat (provided that an attendant shall be on duty at all hours during operation).
] 2. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20).
17. Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. (Amended 5-2-93)
18. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines
treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5. 1.12). (Amended 11-1-9)
19. Temporary construction uses (reference 5.1. I).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25. Farmers' market (reference 5.1.36). (Added 10-11-95)
26. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
27. Tier] and Tier 1I personal wireless service facilities (reference 5 .IAO). (Added 10-13-04)
(920-22.2.1,12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; ]0-11-95; Ord. 02-]8(6),10-9-02; Ord.
04-18(2), 10-13-04)
22.2,2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2A:
]. Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended] -1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; microwave
and radio-wave transmission and relay towers, substations and appurtenances.
3. Hospitals.
4. Fast food restaurant.
5 . Veterinary office and hospital (reference 5.1.1 ]).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential- R-15, in compliance with regulations set forth therein, and such conditions as
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may be imposed pursuant to section 31.2.4.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan. (Added 6-1-83)
9. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added I ] -7-84;
Amended 2-5-03)
10. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
II. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6- I 4-89)
12. !:lody shop. (Added 9-9-92)
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
Attachment C
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