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Home My WebLink AboutZMA201800013 Action Letter 2019-09-27COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 2290245% Phone (434) 2%-5832 Fax (434) 9724126 September 27, 2019 Justin Shimp 912 E. High Str Charlottesville VA 22902 RE: ZMA201800013 Rio Road West Dear Mr. Shimp, On August 21, 2019 the Board of Supervisors took action your Ordinance to Amend the Zoning Map Amendment on Tax Map Parcel Numbers 04500000010000, 045000000100A0, 04500000010100 & 045000000101BO in the Rio District. The Zoning Map Amendment permit was approved by the Board's adoption of the attached Ordinance, Resolution and Proffers. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: compliance with conditions of the ZONING MAP AMENDMENT approval of and compliance with a S1TE PLAN amendment; and approval of a ZONING COMPLIANCE CLEARANCE. If you have questions regarding the above -noted action, please contact Rachel Falkenstein at 296-5832. Sincerely, 1�cj AVQG� Rachel Falkenstein Principal Planner Planning Division Cc: Auto LLC 1389 Richmond Rd Charlottesville VA 22901 Greenspace Development Partners 3450 N. Triumph Blvd Suite 102 Lehi UT 84043 Ordinance, Resolution & Proffers. ORDINANCE NO. 19-A(13) ZMA 2018-00013 AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX PARCELS 04500-00-00-01000,04500-00-00-0100A, 04500-00-00-01010, 04500-00-00-0101H WHEREAS, the application to rezone Tax Parcels 04500-00-00-01000, 04500-00-00-0100A, 04500-00- 00-01010, and 04500-00-00-0101 B (the "Property") from C 1 Commercial to NMD Neighborhood Model District to allow a mix of uses with a maximum of 112 units for a proposed density of approximately 34 units per acre is identified as ZMA 2018-00013 Rio Road West ("ZMA 2018-13"); and WHEREAS, the Planning Commission held a duly noticed public hearing on ZMA 2018-13 on June 18, 2019 and recommended approval of ZMA 2018-13 contingent on the Applicant meeting all of staff's recommended changes, and providing landscaping and screening of Block 2 and construction of the sidewalk and street trees along Rio Road within one year of the issuance of a Certificate of Occupancy for the Block 2 building in lieu of staffs recommended timing commitment; and WHEREAS, the Applicant submitted revised materials on June 26 in which most ofstafrs recommended revisions were made, with the exception of two recommendations regarding building height and stepback; and WHEREAS, the Applicant submitted further revised materials on July 15 in which all of staffs and the Planning Commission's recommended changes were made; and WHEREAS, on July 17, 2019, the Albemarle County Board of Supervisors held a duly noticed public hearing on ZMA 2018-13, and discussed the need for a timing commitment for the construction of the proposed residential Block 1 building relative to the timing of the proposed interior storage building in Block 2, and the need for a commitment to the daylighting of the stream without relying on public funding, and deferred a vote on this application to August 21, 2019; and WHEREAS, the Applicant submitted further revised materials on July 31, 2019; and WHEREAS, on August 21, 2019, the Board determined that the revised materials for ZMA 2018-13 achieve the Board's desire for a good faith commitment to the construction of the Block 1 building. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon consideration of the transmittal summary and staff report prepared for ZMA 2018-00013 and their attachments, including the revised proffers, code of development, and application plan, the information presented at the public hearing, any written comments received, the material and relevant factors in Virginia Code § 15.2-2284 and County Code § 18-20A, and for the purposes of public necessity, convenience, general welfare and good zoning practices, the Board hereby approves ZMA 2018-00013 with the Code of Development entitled " ZMA2018-13 Rio Road West Code of Development," prepared by Shimp Engineering, P.C., dated October 18, 2018 and last revised on July 31,. 2019, and as further amended on August 21, 2019, the Application Plan entitled "Zoning Map Amendment 2018- 00013 Application Plan, Rio Road West, TMP(s) 45-101, 45-101b, 45-100-A, 45-100, Albemarle County, Virginia," prepared by Shimp Engineering, P.C., dated October 18, 2018 and last revised on June 24, 2019, and the Proffers dated July 31, 2019, as amended on August 21, 2019. •f# 1, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on August 21, 2019. Clerk, Board of County Su posors Aye Nev Mr. Dill Y _ Ms. Mallek Y _ Ms. McKee) Y _ Ms. Palmer Y _ Mr. Randolph Y _ Mr. Gallaway Y RESOLUTION TO APPROVE SPECIAL EXCEPTION FOR ZMA201800013 RIO ROAD WEST WHEREAS, the Owner of Tax Parcels 04500-00-00-01000, 04500-00-00-0100A, 04500-00-00- 01010, and 04500-00-00-0101 B (the "Property") filed a request for a special exception in conjunction with ZMA201800013 Rio Road West to waive the requirement for a mix of housing types within the Neighborhood Model District as depicted in the pending plan and code of development under review by the County's Department of Community Development. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the Board's approval of ZMA2018-00013, the Staff Report and Transmittal Summary prepared in conjunction with the special exception request and the attachments thereto, including staffs supporting analysis, and all of the factors relevant to the special exception in Albemarle County Code §§ 18-20A.8(a) and 18-33.49, the Albemarle County Board of Supervisors hereby approves the special exception to waive the requirement of a mix of housing types for the development of the Property. rsa I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular nesting held on August 21, 2019. a,. Clerk, Board of County Pervisors Aye Nay Mr, Dill Y Ms. Mallek Y Ms. McKeel Y _ Ms. Palmer Y _ Mr. Randolph Y Mr. Gallaway Y Original Proffers Amendment PROFFER STATEMENT ZMA Number: 2018-00013 Tax Map and Parcel Number: 04500-00-00-10000, 04500-00-00-100AO, 04500-00-00-10100, 04500-00-00-1OIBO Owner: Auto LLC Date of Proffer Signature: 7e,tI n 310 2 011 Rezone 3.32 acres from C-1 to NMD Auto LLC, is the owner (the "Owner") of Tax Map and Parcel Numbers 04500-00-00-10000, 04500-00-00-100A0, 04500-00-00-10100, 04500-00-00-1OIBO (the "Property") which is the subject of rezoning application ZMA No. 2018-00013, a project known as "Rio Road W" (the "Project"). Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle County Code), the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if ZMA 2018-00013 is approved. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. Each signatory below signing on behalf of the Owner covenants and warrants that they are an authorized signatory of the Owner for this Proffer Statement. 1.) INTERCONNECTED STREETS AND TRANSPORTATION NETWORKS: Upon demand by the County, the property owner shall draft and record an access easement for the purposes of interparcel connectivity and shared access to Rio Road W for adjacent parcels. The location of the access easement shall be provided in general accord with Sheet 4 of the Application Plan, prepared by Shimp Engineering dated October 18, 2018 and last revised June 24, 2019; this plan depicts the general location as "possible future local type `C Street."' At the time of easement recordation, the property owner and the County shall agree to the terms of the easement to include location, width, and maintenance. 2.) BLOCK 1 LANDSCAPE IMPROVEMENTS The property owner shall install landscape improvements in Block 1 adjacent to the Rio Road W Right -of -Way in accordance with all applicable provisions of Sec. 32.7.9 of the Code of Albemarle and Entrance Corridor Design Guidelines within one year of the issuance of Certificate of Occupancy for any building in Block 2 and the owner shall construct an 8' sidewalk consistent with the Technical Conceptual Section shown on Sheet 7 of the Application Plan, prepared by Shimp Engineering dated October 18, 2018 and last revised June 24, 2019, provided that commencement of construction of any building in Block 1 has not occurred, where construction shall be considered installation of utilities, building footers, or other site improvements necessary for building completion. If commencement of construction of any building in Block 1 has occurred within one year of issuance of Certificate of Occupancy of any building in Block 2, the property owner shall provide landscape improvements in accordance with all applicable provisions of Sec. 32.7.9 of the Code of Albemarle and Entrance Corridor Design Guidelines within one year of the issuance of Certificate of Occupancy of any building in Block 1. 3.) MULTI -USE PATH AND LINEAR PARK A multi -use path shall be constructed in Block 3 to comply with Class A -type 2 low maintenance, multi -use path standards as outlined in the Albemarle County Design Standards Manual, with a revision date of April 27, 2015, or to any standard approved by the Director of Planning. The path shall be constructed prior to the issuance of Certificate of Occupancy of the 2"d building on -site or upon demand of the County to allow installation concurrent with adjoining sections of the path, whichever occurs first, and shall be constructed tq, align with adjacent �ections of path that are planned or already constructed. fir t m G c`en e€ 3►se�sEk, the property owner shall remove the HDPE pipes and stabilize the stream channel and bank on the property for the purpose qof �'2 (I stream daylighting. Pipe removal and stream channel and bank stabilization shall 19 be completed to the reasonable satisfaction of the County Engineer. Upon demand by the County, the multi -use path constructed in Block 3 shall be donated to the County for public access and maintenance. This dedication shall occur prior to the development of any portions of the trail located directly adjacent to the property. Concurrent with the dedication of the multi -use path to the County, the property owner shall dedicate the portion of the property inclusive of the stream and north of the stream, approximately 0.4 acres, to the County to be incorporated into a linear park network as proposed in the Rio29 Small Area Plan dated December 12, 2018. 4.) STORMWATER MANAGEMENT All design and engineering for improving the property will comply with applicable County and State regulations. Stormwater management design will be consistent with similar urban development projects and will utilize on -site underground detention and/or infiltration below the parking area in Blocks 1 and 2. A minimum of 25% of treatment shall be provided on site. 5.) RIGHT OF WAY a. IMPROVEMENTS The property owner shall dedicate eleven (11) feet of the property, along Rio Road W, as shown on Sheet 7 of the application plan, to public right of way. Landscape improvements shall be provided in the Right -of -Way as approved by VDOT or the Director of Planning and installation shall occur concurrently with Block I Landscape Improvements. b. DEDICATION If commencement of construction of any building in Block 1 has occurred within one year of issuance of Certificate of Occupancy of any building in Block 2, dedication of right of way shall occur prior of issuance of Certificate of Occupancy for any building in Block 1. If commencement of construction of any building in Block 1 has not occurred within one year of issuance of Certificate of Occupancy for any building in Block 2 then dedication of right of way shall occur upon completion of improvements provided for in Proffer 2. The undersigned Owner hereby proffers that the use and development of the Property shall be in conformance with the proffers and conditions herein above. This document shall supersede all other agreements, proffers or conditions that may be found to be in conflict. The Owner agrees that all proffers shall be binding to the property, which means the proffers shall be transferred to all future property successors of the land. WITNESS the following signature: Auto LC By. < L vyLLD,soie, membee t�Iie 1, y mtej COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Ajbrjy j L to wit: The foregoing instrument was acknowledged before me this 61 day of 'Sit I�.t 2019 by Auto LLC. �— My Commission expires: 3 /g 11Z02Z No P blic ` LE M 2�GO ,.....:..SC r R '• NOTgRY•''•.fl0 PUBLIC REG. l7778374 •? AIY COMMISSION. n 4 EXPIRES r c 40 42kf..LTM. �F'AN SHIMP ENGINEERING, P.C. Design Focused Engineering Rachel Falkenstein County of Albemarle Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 July 31, 2019 RE: ZMA2018-00013 RIO ROAD W PROFFER STATEMENT Dear Rachel, Please find enclosed a signed and notarized final proffer statement for ZMA2018-00013, Rio Road W. Please reach out if you require any additional documents. Regards, Kelsey Schlein Kelsev@,shimp-engineering.com 1 (434) 227-5140 912 E. High St. Charlottesville, VA 22902 1434.227.5140 1 shimpdesign.com