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HomeMy WebLinkAboutSDP199500123 Other 1999-08-16FAX (804) 972-4126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (804) 296-5832 MEMORANDUM To: File From: Amelia G. McCulley, Zoning Administratora4al-I Re: SDP - Crozet Park Improvement Preliminary Plan OFFICIAL DETERMINATION OF USE Tax Map 56A2, Parcels 01-72 & 72A Date: August 16, 1999 TTD (804) 972-4012 This site plan was reviewed for compliance with the Special. Use Permit, SP-95-43. After discussion with Larry Davis, County Attorney and Pat Mullaney, Director of Parks and Recreation, I have determined that the proposed site plan is a public use and does not require amendment to the special use permit. This decision is based on the fact that these improvements will be funded and operated by Albemarle County, a lbject to ocal government. The County Attorney's Office advised that this site plan is not su separate review for compliance with the comprehensive plan (Section 15.2 - 2232). The improvements proposed by this plan include fields, parking, playground, landscaping, and drainage improvements. After the date the special use permit was approved, two further actions were taken which indicate approval and support of this project by the Board of Supervisors. On March 25, 1997, Crozet Park and the County entered into an agreement which extends beyond the original agreement dated November 6, 1985. It states that the entire park should in perpetuity be used for activities to benefit the citizens of Crozet and Albemarle County. SDP Crozet Park Improvement Preliminary Plan Official Determination of Use August 16, 1999 Page 2 Agreement #4 specifically states, Crozet Park shall make land available in the Park for additional recreational fields and facilities to be developed by the County to help meet the recreational needs of the Crozet Community and the citizens of the County. The development of the fields and facilities shall be determined by the County Parks and Recreation Department in consultation with the Crozet Park Board and subject to final approval by the Albemarle Board of County Supervisors. The fields and facilities shall be developed in general accord with the plan titled Claudius Crozet Park: Field Study dated May 15, 1996, and attached hereto as Exhibit "A", unless otherwise agreed to by Crozet Park and the County. The second action taken by the Board of Supervisors to further this plan is the CIP funding. Review and approval of the funding included a finding that the project is consistent with the Comprehensive Plan. The proposed project sketch referenced in the agreement and referred to in the CIP request appear to be the same. The proposed preliminary site plan is in substantial accord with this sketch. Further discussion will be held with the neighbors to provide information about these plans. In addition, Pat Mullaney will provide an executive summary to the Board of Supervisors prior to construction of the project. If you are aggrieved by this determination, you have the right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. In order for an appeal to be considered complete, it shall include a completed application and $95 fee. The date notice of this determination was given is the same as the date of this memorandum. AGM/st Cc: Pat Mullaney Walter Perkins Eric Morrisette John Shepherd Reading File (TM 56A2, P 01-72 & 72A) CROZET PARK AGREEMENT and RESTRICTIVE COVENANT THIS AGREEMENT made this %5'�day of March, 1997, by and between CLAUDIUS CROZET PARK, INC., a Virginia non-profit corporation (hereafter the "Crozet Park") and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (hereafter the "County"). WHEREAS, Crozet Park is the owner of all those two tracts or parcels of land, with improvements thereon and appurtenances thereto, known as Claudius Crozet Park, (hereafter "Park") designated as Parcel Al and B1, containing 22.396 acres, as shown on a plat made by Kirk Hughes and Associates, dated March 15, 1996, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1536, page 408. The Park is the same property in all respects previously designated as Parcel A, containing 8.81 acres, more or less, and Parcel B containing 13.62 acres, more or less, as shown on plat of John McNair & Associates, dated August 24, 1958, revised December 4, 1975, and recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 587, page 55 and is the same property in all respects conveyed to Claudius Crozet Park, Inc.. by deed of Dabney N. Sandridge, et al., dated September 23, 1958 and recorded in the aforesaid Clerk's Office in Deed Book 343, page 381. Crozet Park presently operates a park on Parcels Al and B1 for the benefit of the residents of the community of Crozet and the surrounding area of Albemarle County, Virginia; and WHEREAS, Crozet Park and the County entered into an Agreement dated November 6, 1985 in which Crozet Park placed a restrictive covenant on what was then designated Parcel B restricting use of said Parcel B to recreational and public purposes and the County agreed to make recreational improvements to the Park and assist in the maintenance of the Park, and WHEREAS, the County has agreed to contribute $200.000 to the construction of a new swimming facility and to further plan for the funding and construction of additional facilities at the Park, and WHEREAS, Crozet Park and the County now agree that the entire Park should in perpetuity be used only for park and recreational and community related entertainment activities for the benefit of the citizens of the community of Crozet and Albemarle County, Virginia; and WHEREAS, Crozet Park and the County have reached further agreement for cooperative use and participation in the future of the Park. i NOW THEREFORE, in consideration of the above stated premises and for valuable consideration Crozet Park and the County agree as follows: 1. The Park, consisting of both Parcel Al and Parcel B1 shall in perpetuity be used only for park and recreational purposes which may include any lawful activities such as festivals, carnivals, concerts, celebrations, and other community related entertainment uses that have historically been allowed at the Park and shall be open for public use unless the County and Crozet Park jointly agree otherwise. This restrictive covenant shall run with the land for the benefit of the citizens of the community of Crozet and Albemarle County, Virginia, and shall be enforceable on their behalf by the Albemarle Board of County Supervisors. 2. The County will contribute a total of $200,000 to Crozet Park to be used solely for the construction of a new swimming facility. 3. The County will assist in the maintenance of the Park and in the mowing and trimming of the Park grounds. 4. Crozet Park shall make land available in the Park for additional recreational fields and facilities to be developed by the County to help meet the recreational needs of the Crozet Community and the citizens of the County. The development of the fields and facilities shall be determined by the County Parks and Recreation Department in consultation with the Crozet Park Board and subject to final approval by the Albemarle Board of County Supervisors. The fields and facilities shall be developed in general accord with the plan titled Claudius Crozet Park: Field Study dated May 15, 1996, and attached hereto as Exhibit "A", unless otherwise agreed to by Crozet Park and the County. 5. Crozet Park shall make the Park available free of charge for the County's summer playground program. The program will be allowed to operate for up to an eight week period during the months of June, July and August of each year. During such period the program will be allowed to operate between the hours of 8:00 a.m. and 5:00 p.m. on a schedule determined by the County Parks and Recreation Department. Facilities available to the program shall include the main building, identified on Attachment "A", and all outdoor fields and facilities exclusive of the swimming pool. 6. Crozet Park shall make its swimming facilities available for use by the County summer playground program at a reduced entry fee. The price per participant in the playground program for group visits shall not exceed 59% of the regular daily admission charge for children ages 6 to 11. Playground program participants who have a Park season pass to the pool will not be charged an additional entry fee. County summer playground employees and persons acting in a supervisory capacity for the summer playground program will be admitted free of charge. 2 7. Crozet Park shall give free or reduced priced entry scholarships for the swimming facilities to families and individuals certified by the County Department of Social Services using the same criteria used for free and reduced County park passes. Initially, scholarships shall be equal to five percent of the total value of Park membership fees. Crozet Park will consider increasing this percentage in the future as its revenues grow. 8. Crozet Park shall make the swimming facilities available for use by the County Parks and Recreation Department if such use does not conflict with the regular pool hours, programs and maintenance of the facilities by Crozet Park. Such use shall be coordinated between the County Parks and Recreation Department and the Crozet Park Board. The charge for such use, if any, shall be limited solely to cover any incurred operating costs that result from the use. Future uses may include, but shall not be limited to, a water aerobics class for senior citizens and a therapeutic recreation class. 9. Crozet Park agrees that it shall assure that prior to or at such time as it ceases to exist as a legal entity all legal interests and fee simple title to the Park, including all improvements thereto, shall be transferred to the County by Crozet Park or its successors in interest at no cost to the County upon the County's request. 10. Crozet Park hereby gives the County a right of first refusal to purchase the Park, or any part thereof, before the Park, or any part thereof, may be offered for sale. Notice of such proposed sale shall be given by certified mail to the County Executive and shall include a copy of this Agreement. The County may purchase the Park, or any part thereof, offered for sale for $1.00. The $1.00 shall constitute full and fair consideration for the purchase in light of the contributions made by the County to the park prior to the exercise of this right of first refusal. Such right of first refusal must be exercised by the County within ninety days of receipt of the notice by the County Executive. 11. All contributions, payments, and obligations of the County shall be subject to and contingent upon the annual appropriation of funds by the Albemarle County Board of Supervisors. 12. This Agreement shall be valid for a period of twenty years from the date of its execution by the parties hereto, unless Crozet Park and the County agree otherwise in writing. The Agreement shall be automatically renewed for consecutive periods of twenty years unless the County notifies Crozet Park in writing of its intent to terminate the Agreement at least 90 days prior to the expiration date of the Agreement or any future Agreement as provided herein. 3 11 This Agreement shall be binding upon and inure to the benefit of the respective heirs, executors, personal representatives, and successors in interest of the parties. 14. This Agreement represents the entire understanding between the parties and there are no collateral or oral agreements or understandings, and this Agreement shall not be modified unless in writing of equal formality signed by both parties. 15. This Agreement shall be construed according to the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above written. CLAUDIUS CROZET PARK, INC. (Seal) President COUNTY OF ALBEMARLE. VIRGINIA R ERT W. TUCKER, JR. CO NTY EXECUTIVE Approved as to form: ,,��ntyptbrney STATE OF VIRGINIA COUNTY OF ALBEMARLE: ^A r_(Seal) C The foregoing Croze�Park Agreement was acknowledged before me this day of March, 1997. by �, �;_� se.._\ `�e_„r,� 1 on behalf of Claudius Crozet Park, Inc. 1 � i Notary PGblic My Commission Expires: 4 STATE OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Crozet Park Agreement was acknowledged before me this 2 day of March, 1997, by Robert W. Tucker, Jr., my Executive, County of Albemarle, Virginia._ My Commission Expires: -AM 3t/ Notary Publicr I (9R-�- N.Wz.�