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HomeMy WebLinkAboutZMA201500001 Application 2018-12-12 Page 1 C4JNTY OF ALBAIARLE APPLICATION FOR A SPECIAL EXCEPTION ❑ Request for a waiver, modification, variation Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following ® 3 copies of the existing approved plan Provide the following illustrating the area where the change is O 3 copies of a written request specifying the requested or the applicable section(s) or section or sections being requested to be the Code of Development. Provide a waived, modified, varied or substituted, and graphic representation of the requested any other exhibit documents stating the change. reasons for the request and addressing the ® 1 copy of a written request specifying the applicable findings of the section authorized provision of the plan, code or standard for to be waived, modified, varied or substituted. which the variation is sought, and state the reason for the requested variation. Project Name : OLD TRAIL VILLAGE Current Assigned Application Number (SDP, SP or ZMA)ZMA2015-00001 Tax map and parcel(s): 55E-01-7B-0; 55E-01-35-D1; 55E-01--A2; 55E-01--A3; 55E-01--A4; 55E-01--A5 Applicant / Contact Person MARCH MOUNTAIN PROPERTIES, LLC c/o Bill Ledbetter© Roudabush Gale, & Ass. Address 914 MONTICELLO ROAD City CHARLOTTESVILLE State VA Zip 22902 Daytime Phone# (434 ) 977-0205 Fax# (434 ) 296-5220 Email beedbetter©roudabush.com Owner of Record MARCH MOUNTAIN PROPERTIES, LLC Address 1005 HEATHERCROFT CIRCLE, STE 400 City CROZET State VA Zip 22932 Daytime Phone# ( ) Fax# ( ) Email dave@oldtrailvillage.com County of Albemarle Community Development 401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434)972-4126 Paget CGJNTY OF ALBMIARLE APPLICATION FOR A SPECIAL EXCEPTION APPLICATION SIGNATURE PAGES VERIFICATION OF THE SIGNATURE ON THE NEXT PAGE MUST HAPPEN BEFORE THE APPLICATION MAY BE DEEMED COMPLETE If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, an LLC, a corporation,a partnership or association,or a trust, then a document acceptable to the County must be submitted with this application certifying that the person signing has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application and must include any applicable documents authorizing that person to provide consent. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. One(1) copy of the applicable ownership information. CHECK AS OWNERSHIP OF THE DOCUMENT TO BE PROVIDED FOR THIS APPLICATION APPLICABLE PROPERTY IS A ❑ Limited liability company("LLC") The articles of organization and when the power is delegated to someone other than a manager or a member,also the operating agreement. Stock&Nonstock corporation for a board of directors Stock-the articles of incorporation or a shareholders agreement may limit the board's statutory authority. Nonstock-the articles of incorporation and the by-laws,the latter of which may include a member or director agreement,may limit the board's statutory authority for a person expressly written evidence of that authorization such as a board resolution or board authorized by the board of directors minutes for a committee an action of the board of directors authorizing the committee to act;the articles of incorporation or the by-laws may limit the statutory authority for a corporate officer the by-laws or the delegating resolution of the board of directors. The statement of partnership authority,which may limit the authority of one Partnership or more partners The partnership agreement,or amendments thereto,which may limit the Limited partnership authority of one or more general partners. (1) for trustees,an authorizing court order ElIncorporated&Unincorporated (2) for the corporation holding title,the appropriate corporate documents church and other religious body (2) for a bishop,minister or ecclesiastical officer,the laws,rules or ecclesi- astical polity of the entity that authorizes the person to hold, improve, mortgage,sell and convey the property. Land trust The deed of conveyance to the trustees and the trust instrument See Attachment A in the Land Use Law Handbook for a complete list of Authorized Signatories for Land Use Applications Page CANTY OF ALBOARLE APPLICATION FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign I hereby certify that I own the subject property,or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate,true,and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent do not preclude such written communication from also being sent via first class mail. Signatu of 0 eL/Agent ntract Purchaser Date 71- /41-7‘,. q7 7 OZc_ Print am Daytime phone number of Signatory FOR OFFICE USE ONLY APPLICATION# Fee Amount S Date Paid By who? .,, '} 4 Receipt# Ck# By Pagel CC JNTY OF ALBL VIARLE APPLICATION FOR A SPECIAL EXCEPTION ❑ Request for a waiver, modification, variation ® Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development= $457 OR ❑ Relief from a condition of approval = $457 Provide the following ® 3 copies of the existing approved plan Provide the following illustrating the area where the change is ❑ 3 copies of a written request specifying the requested or the applicable section(s) or section or sections being requested to be the Code of Development. Provide a waived, modified, varied or substituted, and graphic representation of the requested any other exhibit documents stating the change. reasons for the request and addressing the ® 1 copy of a written request specifying the applicable findings of the section authorized provision of the plan, code or standard for to be waived, modified, varied or substituted. which the variation is sought, and state the reason for the requested variation. Project Name and Assigned Application Number(SDP, SP or ZMA): ZMA 2015-00001 Tax map and parcel(s): 055E0-01-7B-00000, 055E0-01-25-000D0, 055E0-01-00-000A2, 055E-01-00-000A3, 055E-01-00-000A4, 055E-01-00-000A5 Contact Person BILL LEDBETTER/JEREMY FOX Address 914 MONTICELLO ROAD City CHARLOTTESVILLE State VA Zip 22902 Daytime Phone#(434 ) 977-0205 Fax#( ) [mail bill@roudabush.com/jfox@roudabusl Owner of Record MARCH MOUNTAIN PROPERTIES, LLC Address 1005 HEATHERCROFT CIRCLE, STE 400 City CROZET State VA Zip 22932 Daytime Phone# ( ) Fax#( ) Email dave@oldtrailvillage.com Applicant(Who is the Contact Person representing?) MARCH MOUNTAIN PROPERTIES, LLC County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434) 972-4126 Page CC JNTY OF ALBLMARLE APPLICATION FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign The foregoing information is complete and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. . 04/25/18 Q y� �� Signature o Owner, Contract Purchase Agent Date JEREMY L FOX 434-979-8121 EXT. 145 Print Name Daytime phone number of Signatory ***If multiple property owners are required to sign the application per Section 33.2 b (lb) then make copies of this page and provide a copy to each owner to sign. Then submit each original signed page for the Special Exception Application. Tax Map & Parcel Number : Owner Name of above Parcel: FOR OFFICE USE ONLY SDP,SP or ZMA# Fee Amount$VIM Date P97)( aid 4-a7-'p By who?Nov\N��n, , t� Receipt# �l C �(Ck# 7 By IFS PHONE(434)977-0205 FAX(434)296-5220 `111 INFO(aROUDABUSH.COM ROuDABUSH, GALE &ASSOCIATE, INC. A PROFESSIONAL CORPORATION LAND SURVEYING Serving Irrxinia Sirs 1956 ENGINEERING 914 MONTICELLO ROAD LAND MANNING CHARLOTTESVILLE,VIRGINIA 22902 WILLIAM J.LEDBETTER.L.S. BRIAN D.JAMISON.L.S. JIM L.TAGGART.P.E. DAVID A.JORDAN,L.S. DAVID M.ROBINSON,P.E. KRISTOPHER C.WINTERS,L.S. AMMY M.GEORGE.L.A. Attn: Ms. Megan Nedostup,Principal Planner Albemarle County Department of Community Development 401 McIntire Road Charlottesville,Virginia 22902 Regarding: ZMA 2015-001 Old Trail Block Village Amended COD Request for variation of"Parks and Open Space"section in regards to"buildable areas within residential lots shall not be allowed within stream buffers" Dear Ms.Nedostup: Please see below our justification for the requested variations. Variation from application plan Due to the delineation and location of Albemarle County's 100' stream buffers,we are seeking a variation of the approved application plan,which now show proposed lot acreage/potential disturbance within the landward 25' (maximum)of County stream buffers.Please consider the below: (I.)The variation sought for the approval of lot acreage/potential disturbance within the landward 25' (maximum)stems from the hindrance of providing useable lot layouts for Blocks 19,24,25,32,34,&35.After a site walkthrough at Old Trail Village,it has been determined by Albemarle County Engineering that some perennial and intermittent streams contain buffer limits which may vary from what is denoted on the County GIS.Additionally,at the time of the approval of the application plan,block layouts were designed at a conceptual level based on overall site parameters.Upon revisiting the referenced site areas on a closer scale,the layouts provide more reasonable lot acreage and uniformity across the development with the permission of buffer disturbance within the landward 25'(maximum). Thank you for your consideration regarding this request. Please feel free to contact me with any questions. Best regards, Jeremy L.Fox (24mery ) ECEIVED APMMR 1U4 CONE DEVELOPMgliEJ. 1 Page 2 CC J NTY OF ALBL VIARLE APPLICATION FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign Each owner-initiated application for a zoning map amendment shall be signed by the owner of each parcel that is the subject of the proposed zoning map amendment, provided that: a. An owner whose parcel is subject to proffers may apply to amend the proffers applicable solely to the owner's parcel, provided that written notice of the application is provided to the owners of other parcels subject to the same proffers under Virginia Code §§ 15.2-2204(H) and 15.2-2302. However, the signatures of the owners of the other parcels subject to the same proffers shall not be required. b. An owner within an existing planned development may apply for a zoning map amendment, and the signatures of any other owners within the planned development is required only if the amendment could result in or require: (i) a change in use, density or intensity on that parcel; (ii) a change to any regulation in a code of development that would apply to that parcel; (iii) a change to an owner's express obligation under a regulation in a code of development; or (iv) a change to the application plan that would apply to that parcel. The applicant must submit documentation establishing ownership of any parcel and the authority of the signatory to sign the application on behalf of the owner. SEE PAGE 3 FOR SIGNATURES