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SUB200300043 Application 2003-02-21
03 -01 3 OFFICE USEONLY RECEIVED IN PLANNING SUB#®3 '1 v-3 TMP — — - — — - — FEBRUARY 24,2003 Application For Review of a Subdivision Plat Preliminary Plat ❑Final Plat ❑ Two-lot subdivision as described in section 14-239(B)(1)or if all lots fronton an existing public street=$95 ❑ Resubdivision(section 14-239)=$75 ❑ Condominium Plat=S100 ❑ Vacation(section 14-240)=$170 • 5 copies of Plat are required for above ❑ 1 to 9 lots=$360 ❑ If subject to Planning Commission Review=$720 ❑ 10 to 19 lots=$550 ❑ If subject to Planning Commission Review=$1,100 ❑ 20 or more lots=$670 If subject to Planning Commission Review=$1,330 16 copies of Plat are required for first submittal of above-7 copies required for a revision Other matters subject to Planning Commission review ❑ Waiver,variation or substitution of subdivision requirements($180):Attach written justi a n ❑ Relief of conditions of prior approval($180):Prior File Name/Number Other matters subject to Administrative review• ❑ Reinstatement of review($65) g1 Z o n i n g Ordinance ❑ Extension of plat approval($45)-Must be submitted at least Five(5)days prior to expire on let. ❑ Request to defer action on plat to an indefinite date($75) ❑ Bonding inspection for plate ($60) Other matters subject to Board of Supervisors review: ❑ Appeal to Board of Supervisors($240):Prior File Name/Number Project Name: The Vineyard Estates Tax map and parcel: TMP 103, Parcels 3,7,8,9,10, and 15 Contact Person(Who should we call/wnte concerning this project?) Mr. Frank D. Cox, J r. Fir„ The Cox Company • Address 220 East High Street City Charlottesville State VA Zip 22902 Daytime Phone( 434 ) 295-7131 Fax# (434)-295-7540 E-mail frankcox@thecoxcompany.biz Owner of Record House & Garden Company LLC Address in' Grand Cru Road city Charlottesville state VA Zip 22902 Daytime Phone( 434 ) 977-3895 Fax# (434)-977-0606 E-mail Applicant(Who is the Contact person representing?)- House & Garden LLC (Ms. Patricia Kluge) Address 100 Grand Cru Drive airy Charlottesville State VA Zip 22902 Daytime Phone( 434 ) 977-3895 Fax# (434)-977-0606/� E-mail OFFICE USE ONLY A/ �t('i'Q4� Fee amount 14-. v�ete Paid Zh'//Oaeck �7'/By Whoa/h./Ai P Recei#��69 '3 't mil' COe County of Albemarle Department of Planning & Community Development 401 McIntire Road ❖ Charlottesville,VA 22902 ❖ Voice: 296-5823 ❖ Fax: 972-4035 7/31/02 Page 1 of 2 Property Information: Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers No Physical Street Address(if assigned) N/A Location of property(landmarks,intersections,or other)The property is located between Carters Mountain Road and President Road, near the intersection of Blenheim Road and Carters Mountain Road Magisterial District: SCOttcvi l le Zoning. RA ' Comprehensive Plan Land Use Designation: Rural Area Proposeduse(s)ofproperty The primary emphasis of the plan is to create an active vineyard operation within an area where residual land may be used for the development of a limited number of exclusive residential estate dwellings. See the attached document for a more thorough summary of the proposed land uses. Acreage Information: Total parcel acreage: 510.6 AC Acreage in new lots: 176.0 AC #ofnewlots: 33 lots + 1 preservation parcel 313.1 AC Acreage in open space: Acreage in roads: 21.5 AC Comments/Attachments: See the attached "Special Use Permit and Preliminary Subdivision Plat" document for a thorough summary of the planned subdivision and rural preservation development at The Vineyard Estates. Owner/Applicant Must Read and Sign The Subdivision Plat application process process includes providing the Planning Commission with all the information required in Chapter 14 Subdivision of Land of the Albemarle County Code. The foregoing information is complete and correct to the best of my knowledge. I have read and understand the provisions o er d' ion of Land of the Albemarle County Code. February 21, 2003 Signature of Owner, Contract Purchaser,Agent Date 61- «eft- \< LAC: (434)-977-3895 Printed Name Daytime phone number of Signatory 7/31/02 Page 2 of 2 RECEIVED IN PLANNING FEBRUARY 24,2003 OFFICE USE ONLY SUB# TMP- - - - - Pre1iminry Sum 1-vision Caecklasi8reev.. vi Project Name: The Vineyard Estates Firm: The Cox Company This checklist must be completed, signed and submitted with the application. The information contained in this checklist reflects the contents of the Subdivision Ordinance as of August 5, 1998. The applicant is responsible for insuring that no revisions to the Ordinance have occurred since preparation of this document This verification will occur at the time of the pre-application conference required by Section 14-215. Subdivision Ordinance Section 14-302 - Contents of a preliminary plat. Office Ilse A preliminary plat shall contain the following information: ® Pre-application conference held before the preparation of a preliminary plan or plat,a subdi- ■ vider shall confer with the Board of Supervisors' Agent, relative to the regulations...the Compre- hensive Plan, the Zoning Ordinance, and other applicable ordinances. Section 14-215 This - conference was held with the following planner: Bill Fritz and several others. on this date: February in, 2003. ❑ 16 folded prints of the preliminary plat and plans. ❑ **SEE ATTACHED LETTER (4 Written request for any waivers or modifications needed(attach to application): ❑ Please List: Special use permit for expanded vineyard R ectate recidential (10.2.2.28 & 10.2.2.30) SUP for private road stream crossing & critical slope waiver. • A.Name of subdivision. The title under which the subdivision is proposed to be recorded. ❑ Gd B. Identification of all owners and certain interest holders. The names and addresses of ❑ each owner of record and holders of any easements affecting the property. ® C.Name of plat preparer. The name of the person who prepared the plat. ❑ Q D. General information. The date of drawing; the number of sheets;the north point; and the ❑ scale. If true north is used,the method of determination shall be shown. Q E.Vicinity sketch.A sketch showing the property and its relationship with adjoining land and ❑ streets, its relationship with landmarks in the area and,if the subdivision is a phased subdivision,all other phases of the subdivision for which a final plat has been approved, in detail adequate to describe location of the property without field review. ® F. Existing or platted streets, easements and natural streams. The location,width and names ❑ of all existing or platted streets, easements and natural streams, and all other rights-of-way and easements. XJ G.Proposed streets,alleys,lots,building lines and easements.The location and dimensions ❑ of proposed streets, alleys, lots, building lines, and easements, including a boundary survey or existing survey of record in accordance with the requirements of section 14-303(E). l H. Land to be dedicated or reserved. The location of all land intended to be dedicated, or ❑ reserved for public use,or to be reserved in the deed for the common use of lot owners in the subdi- vision. 1l I. Public areas, facilities or uses. The location of all areas shown in the comprehensive plan ❑ as proposed sites for public areas, facilities or uses, as described in Virginia Code § 15.2-2232, which are located wholly or in part within the property. ID J.Flood plain.The location of any part of the property within the flood hazard overlay district, ❑ as set forth in section 30.3 of the zoning ordinance. County of Albemarle Department of Planning & Community Development 401 McIntire Road ❖ Charlottesville, VA 22902 ❖ Voice: 296-5823 ❖ Fax: 972-4035 9/14/98 Page 1 of 2 Office Use ® K. Place of burial. The location of any grave, object or structure marking a place of burial ❑ located on the property. ® L.Existing and departing lot lines.If the property consists of more than one existing lot,then ❑ the identification of the existing lots and their outlines, which shall be indicated by dashed lines; and,the location of departing lot lines of abutting lots. ® M.Proposed lots.The number,approximate dimensions,and area of each proposed lot. ❑ ® N. Building sites on proposed lots. The location, area and dimensions of a lawful building ❑ site on each proposed lot. For any proposed lot within, in whole or in part, the mountain overlay district,as set forth in section 30.8 of the zoning ordinance,all lawful building sites shall be shown on each proposed lot. O. Right of further division of proposed lots (for properties zoned RA only). The number ❑ of lots,as assigned by the subdivider, into which each proposed lot may be further divided by right pursuant to section 10.3.1 of the zoning ordmance,if applicable. a P.Instrument creating property proposed for subdivision.The deed book and page citation ❑ of the instrument whereby the property was created. 5i1 Q. Zoning classification. The zoning classification of the property, including all applicable ❑ zoning overlay districts,proffers,special use permits and variances. Cil R.Tax map and parcel number.The county tax map and parcel number of the property. ❑ ® S. Drainage district. If applicable, a statement that some or all of the property lies in a drain- ❑ age district. T.Topography.The topography of the property prior to development and the area at least two ❑ hundred(200) feet outside of the property, with a contour interval of not greater than five (5) feet on those parts of the property up to a twenty(20)percent slope, and with a contour interval of not greater than ten (10) feet on those parts of the property of a twenty (20) percent slope or greater; proposed grading,with a contour interval of not greater than five(5)feet,supplemented where nec- essary by spot elevations; identification of all parts of the property of a twenty-five (25) percent slope or greater;the source of the topography. Documents to be submitted with preliminary plat: ❑ Drainage control information. [Sec. 14-304] ❑ O Stormwater management information. [Sec. 14-305] U ❑ Sketch plans for utilities,bridges and culverts. [Sec. 14-306] ❑ ❑ Statements of availability of services. [Sec. 14-307] ❑ _ . Cl Flood plain and topographic information. [Sec. 14-308] ❑ Read and Sign In representing the above referenced firm submitting this plat for preliminary approval, I hereby state that, to the best of my knowledge,the attached plat contains all information required-by this checklist. I understand that in accordance with Section 14-216, any plat deemed to be incomplete shall be denied. An application for reinstatement accompanied by a complete plat and the required fee may be filed within 15 days of such denial. If the plat is not resubmitted within 15 days, a new application for preliminary plat approval with fee shall be required for sub- mittal of the plat. l February 24, 2003 Signature of person completing checklist Date ]��]] I'[IC4ArE=L (434)- 295-7131 Printed Name Michael L. Fenner Daytime phone number of Signatory 9/14/98 Page 2 of 2 , `/')LL••Y va A a•l/ Ya AA__ va///L�/�u a�/(\/u'/•�)ub �.vu1. u•au u�/v/�/� �(�\)6 L)I,1 1'ALL.) SP#OFFI t)3 0/ q TMP / 03 OD - d0 - O 0 �/ ,3o J Sign# IL) 7 W Mag. Dist. `--C—a5;`/—€11--- Staff YV--" Date. Application for Special Use Permit 9i.10 Project Name(1,0,.. we tact th1appliauon?) The Vineyard Estates e (Amt.. ht,G6'-Iy,fj'/pit,( 1-1/6Zce W f T}f HogL j-/c zo Lo - *Existing Use Vineyard Proposed Use Expanded vineyard & estate residential *Zoning District RA *Zoning Ordinance Section number requested 1 f)_2 2 22 R 1 f)_2.2.3 (*staff will assist you with these items) Number of acres to be covered by Special Use Permit(Ir.portion It wust tic delh,utca on plat) 510.6 AC Is this an amendment to an existing Special Use Permit? O Yes-i No Arc you submitting a site development plan with this application? 0 Yea No Contact Per O hon should we call/write concerning this project?): Mr. { rdll�C U. LOX, J r. c/so` he Cox Company Address 220 East High Street City Charlottesville State VA Zip 22902 Daytime Phone (434 ) 295-7131 Fax # (434)295-7540 E-mail f ran kcox@thecox- rnrn.any hi7 Owner of land (As listed in the County's records): House & Garden Company LLC Address 100 Grand Cru drive City Charl ottesv i 11 estate VA Zip 22902 •. Daytime Phone ( 434 )977-3895 Fax # (434)-977-0606 Email (Ms. Patricia Kluge) Applicant(Whoisthecontactpersonrepresenting?Whoisrcqucsiingthespecialusc?): House & Garden Company LLC Address 100 Grand Cru Drive City Charl ottesvi 1 lgtatc VA Zip 22902 Daytime Phone ( 434 ) 977-3895 Fax # (434)-977-0606 E-mail Tax map and parcel 103, Parcel s 3,7 8,9,10 & 15 Physical Address(ifassigned) N/A Location of property(landmarks,intersections,orother) The property is located between Carters Mountain Road and President Road, near the intersection of Blenheim Road and Carters Mnt. Rd. Does the owner of this property own (or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers No OFFICE USE ONLY L�/ Fee amount S ` 2"! 0 Date Paid e� /I Check# ‘1'1.93 Receipt# /*S4/lay: • .Lt History: 0 Special Usc Permits: 71 1As and Proffers: tgiv1 —acs 75y Cl• Variances: Au S Ck/ 0/3 0 Letter of Authorization Concurrent review of Site Development Plan? 0 Yes 0 No �q�✓ 401 McIntire Road •: Charlottesville, VA 22902 •: Voice: 296-5832 •:• Fax: 972-4126 Describe your request in detail and include all pertinent information such as the numbers of persons invblved in the use,operating hours, and any unique features of the use: See the attached "Special Permit and Preliminary Subdivision Plat" document. ATTACHMENTS REQUIRED - provide two(2) copies of each: ® 1. Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. 0 2. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including,but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below 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. 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. OPTIONAL ATTACHMENTS: © 3. Drawings or conceptual plans, if any. • - 4. Additional Information, if any. SEE ATTACHED DOCUMENT 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 is true and accurate to the best of my eke. • FPhruary 21, 2003 Signature Date Aq---cf \ C �f� 1.,Uct-G (434)-977-3895 Printed Name Daytime phone number of Signatory 3 • • • Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of super.-visors • hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance,with the uses permitted by right in the district,with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? Rural Area How will the proposed special use affect adjacent property? The proposed vineyard expansion and estate development will not adversely affect adjacent property. See pages 15-17 of the attached"Special Permit and Preliminary Subdivision Plat" document • How will the proposed special use affect the character of the district surrounding the property?The only anticipated impact on the surrounding district' s character will be the modest site traffic assoc- iated with the proposed estate residential dwellings. See the attached "Special Permit and Preliminary Subdivision Plat" document. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The approval of a special permit for the Vineyard Estates project will yield a long-term and productive agricultural activity for the property while integrating a limited number of high value residences. How is the use in harmony with the uses permitted by right in the district? See the attached "Special Permit and Preliminary Subdivision Plat" document. • • What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this usc? Npnp How will this usc promote the public health,safety,and general welfare of the community? Spp the attached "Siecial Permit and Preliminary Subdivision Plat" document. y •t, •• 2 .... .:.:......:. . ._.;_.,_.�..._.,.-:,Y.... _._,: ,,,°°--�_._,:,�,.:. d_..,-�.,.::.. USE 91.:4 Y SPFi0300c ]L® TMP / o3 0 _ © 0 _ 0 0 _ V O3 0 (z Sign#S�SP'-Zvo3-OI9 Mag. Dist. 50-057/00 Staff s✓ Date Y/03 • Application for Special Use Permit 7, °-'o 'S The Vineyard Estates Project Name(tatty a uKad we nacr to this appltunun7) *Existing Use Vineyard Proposed Use Private road stream crossing RA/FH (Flood Hazard Oy_er]a�yd 336:3-4b 30_ 3.0s 2(z) *Zoning District onrn rdinance Section number requested (*staff will assist you with these items) 510.6 Number of acres to be covered by Special Use Permit(Ira poriloa tl tnuat be dettnnted on pl►t) Is this an amendment to an existing Special Use Permit? 0 YesCit No Arc you submitting a site development plan with this application? 0 Yes No Contact Pc SQn(Wf12's)uIox W�011l/►1y oncerning this project?): Mr. I raiTR D. Cox, Jr. Address 220 East High Street City Charlottesville State VA Zip 22902 Daytime Phone ( 434 )295-7131 Fax # (434)-295-7540 E-mail frankcox@thecoxcomban _h v lJ Owner of land (As listed in the county's records): House & Garden Company LLC ✓ Address 100 Grand Cru Drive City Charl ottesvi 11 Mate VA Zip 22902 Daytime Phone ( 434 ) 977-3895 Fax# (434)-977-0606 E-mail Ms. Patricia Kluge Applicant(who is thc contact person representing?Who is requesting thc special usc?): House & Garden Company LLC Address 100 Grand Cru Drive City Charl ottesvi l lstatc VA Zip 22902 Daytime Phone( 434 )977-3895 Fax # (434)-977-0606 E-mail Tax map and parcel 103, Parcels 3,7,8,9,10, & 1-rhysicalAddresscifassigned) N/A Location of property(landmarks.intcrscctions.or othcr) The property is located between ( a ers , Mountain Road and President Road, near the intersection of Blenheim Road and Carters Mountain Road. Does the owner of this property own (or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers NO OFFICE USE ONLY n 02-3 (� Fee amount$ 8/C Date Paid . Check It Receipt ii/ l y: 1 '� 1 History: 0 Special Use Permits: QILMAs and Proffers: /972 S� 0 Variances: ��n�j n` 0 Letter of Authorization /des �i�-^ i/ 0.3�^ � Concurrent review of Site Development Plan? 0 Yes 0 No �" 401 McIntire Road :• Charlottesville, VA 22902 •: Voice: 296-5832 •:• Fax: 972-4126 Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. AWN The items which follow will be reviewed by the staff in their analysis of your request. Please complete • this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? Rural Area How will the proposed special use affect adjacent property? See the attached "Special Permit and Preliminary Subdivision Plat" document. How will the proposed special use affect the character of the district surrounding the property? The only anticipated impact on the surrounding district' s character will be the modest site traffic associated with the proposed estate residential dwellings. The stream crossing will provide access for this traffic. • How is the usc in harmony with the purpose and intent of thc Zoning Ordinance? The private road stream crossing will be designed, constructed, and maintained in such a fashion as to provide safe passage for future Vineyard Estates residents , while uploading the existing flOod- carrying capacity within the impacted tributaries and watercourses. How is the use in harmony with the uses permitted by right in the district? The stream crossing will serve as a conduit providing the necessary access for the proposed Vineyard Estates project. Its form and function will be consistent and harmonius with'-.those uses permitted by- right in both the RA and FH districts. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this usc? All additional regulations impacting stream crossing and landfill permitting will be adhered to by the applicant in the construction of the regulated stream crossing. See the attached document. How will this usc promote the public health,safety,and general welfare of the community? See the attached "Special Permit and Preliminary Subdivision Plat" document. • 1—"l+4j- ; „r= cur Describe your request in detail and include all pertinent information such as the numbers of persons •4".*? involved in the use,operating hours, and any unique features of the use: See the attached "Special Permit and Preliminary Subdivision Plat" document. ATTACHMENTS REQUIRED - provide two(2) copies of each: • 1. Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. ® 2. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including,but not limited to, the name of a corporation,partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below 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. 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. OPTIONAL ATTACHMENTS: • © 3. Drawings or conceptual plans, if any. - 4. Additional Information, if any. SEE ATTACHED DOCUMENT I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in fine this applicatio also certify that the information provided is true and accurate to the best of my ovule i ge. • February 21, 2003 Signature Date ()A-1< \ft (434)-977-3895 Printed Name Daytime phone number of Signatory 3 RECEIVED IN PLANNING FEBRUARY 24,2003 `IF 1\/ ■ ■ ■ i THE COX COMPANY Planners • Landscape Architects Civil Engineers • Urban Designers February 18, 2003 Mr. Wayne Cilimberg, Director Planning and Community Development 401 McIntire Road Charlottesville, Virginia 22902 Re: The Vineyard Estates Tax Map 103, Parcels 3, 7, 8, 9, 10, and 15 Special Permit and Preliminary Subdivision Plat Dear Wayne: The subject application addressed the preliminary plan and special use considera- tions related to the establishment of a thirty three lot Rural Preservation Development on approximately 510.6 acres, including a 313 acre preservation tract. With the sub- mission of the accompanying application package, the Owner, House and Garden, LLC, (a corporation owned by Patricia Kluge and Kluge Investments, LLC), seeks the County's review and approval of the following requests related to this planned rural preservation development at Vineyard Estates: 1. Special Permit approval for the Rural Preservation Tract division of land in accord with the special permit provisions of Sections 10.2.2.28 and 10.2.2.30 of the Albemarle County Zoning Ordinance. 2. Preliminary Subdivision Plat approval for the Rural Preservation De- velopment to be located within Plans designated Rural Area. 3. Special Use Permit and Landfill Permit approval, if required, for a private road crossing of a stream in close proximity to an "approximated floodplain" in accord with the special permit provi- sions of Section 30.3.06 of the Albemarle County Zoning Ordinance. 4. Critical Slope Waiver approval for construction of limited sections of private roads on critical slopes, per provisions in Section 4.2.3.2. of the Albemarle County Zoning Ordinance. 434.295.7131 220 East High Street Charlottesville,Virginia 22902 • 2 v ami Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 2 I. Rural Preservation Development Request The primary emphasis of the Rural Preservation plan for the subject 510.6 acre prop- erty (Tax Map 103, Parcels 3, 7, 8, 9, 10, and 15) is to create an active vineyard op- eration located within an area where residual land may be used for the develop- ment of a limited number of exclusive residential estate dwellings. The plan subject to this application presents an integrated land use program that has been designed to promote the following objectives for the Owner: 1. To maximize the land area within the Estates where producing vine- yards may be optimally located, subject to the assessment of prime viticultural soils, geology, solar aspect and other considerations as recommended by the Owner's vitculturalist specialists. The addi- tional land area contained in this application for vineyards is cru- cial to creating the critical mass of total land area needed for pro- ducing grapes in accord with the Kluge Estate and Winery business plan for its wine producing operation in Albemarle County. 2. To maximize and reserve residual agricultural areas for the estab- lishment of producing orchards, estate gardens, fields for harvesta- ble crops, and equine and faiiii animal pastures that will comple- ment the the vineyard, enhance the esthetic appeal of the property, and provide marketable agricultural products. 3. To establish additional farm support and harvesting facilities for or- chard, garden and crops produced on the property to ensure ade- quate supplies for the recently constructed farm store that is owned and operated by House and Garden, LLC at a nearby location within the Owner's land holdings. 4. To establish meadows and other passive landscaped open space areas contiguous to the proposed agricultural operations and estate residences in order to provide for a balanced environment and to create an esthetic atmosphere for the project. il" v �'Ii Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 4 The project seeks to achieve a the balance by and between agriculture, environ- mental, and economic sustainability that is essential to the long term productivity and maintenance of bona fide agricultural activities in the County's rural areas. In accord with the Rural Areas District statement of intent (Section 10.1 of the zoning ordinance), the subject application fulfills the stated objectives of: (1) preservation of agricultural and forestal lands and activities, (2) requires limited service delivery to this particular location in the ru- ral areas, and (3) conserves natural and scenic resources of the property. The appli- cation fulfills the stated intent of (4) "continuation and establishment of agriculture and agriculturally- related uses..."(page 18-10-1 of the zoning ordinance.) The table below describes the land use summary for the project: Rural Preservation Parcels: 313.10 acres in Rural Preservation Parcels: 61% Acreage in Estate Residential Lots: 176.0 acres in Estate Residential Lots: 34% Acreage in Private Road Easements: 21.5 acres in Private Road Easements: 4% Acreage in Lots and Access Easements: 199.8 Acres in Lots and Access Easements: 38% Total Residential Estates Lots: 33 Ratio: Average Area in Lots and Easements: 5.98 acres Total Rural Preservation Project Area: 510.6 acres Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 5 The 313 acres contained within the planned Rural Preservation Tract has been care- fully evaluated in terms of the Owner's desired purposes for enhancing their current vineyards, producing a larger volume of grades at a location proximate to their ex- isting wine producing facility, preserving and enhancing residual open space and forested areas, and creating a limited number of residential estates that present very little in the way of demands on the County's services, This design concept for the project successfully addresses the intent as expressed in Section 10.3.3.2 of the zoning ordinance for certain design standards to be consid- ered in the evaluation of the rural preservation development option: "10.3.3.2 The rural preservation development option is intended to encourage more effective land usage in terms of the goals and objec- tives for the rural areas as set forth in the comprehensive plan than can be achieved under conventional development." A conventional development of the 510.6 acres has been tested and found to be (1) in conflict with the above County planning objective and (2) the Owner's desire for efficient agricultural use of the property. "d. Development lots shall not encroach into prime, important or unique agricultural or forestal soils " The locations selected for producing vineyards and orchards as well as those areas selected for reforestation are based on an extensive evaluation by the Owner's viticulturalist, landscape design advisors, and site planners. The prime land for vineyards is limited and interspersed throughout the Rural Preservation Tract, Development lots are located to complement the vineyard and other agricultural operations. "e. Development lots shall not encroach into areas of critical slope or flood plain " For the limited number of planned residential lots, the siting of resi- • i g �v Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 6 dences is sensitive to and avoids critical slopes and floodplains. While, some portions of some lots contain critical slopes, ample developable land area exists on each of these lots to ensure flexibility in the siting of residences, yards, gardens, and other improvements. "f. Development lots shall be so situated and arranged as to preserve historic and scenic settings deemed to be of importance to the general public and natural resource areas whether such features are on the parcel to be developed or adjacent to such parcel;" Environmental resources, particularly vulnerable slopes, valley and vis- tas will be maintained in their existing or improved condition for the ag- ricultural purposes of the Owner. There are no historic settings on the property. The property will be private and not intended for access by the general public. "g. Development lots shall be confined to one area of the parcel and shall be situated so that no portion of the rural preservation tract shall intrude between any development lots;" From a strict interpretation of the zoning ordinance, a minimally sized, forty acre rural preservation tract can be established to meet the basic intent of this ordinance provision. However, the Owner intends to de- velop, plant, maintain and otherwise cause to be given "rural preserva- tion tract treatment" over 313 acres, or two-thirds of the total land hold- ings. From a theoretical "cluster"design perspective, the lay of the land and aeometric organization of the property is not conducive to putting all residential lots in one corner or the other. It is important to recognize that viticulture establishes a much different paradigm for the relationship between residences and producing vine- yards than what has been traditionally applied to "cluster" residential in other rural preservation development applications in the County. As previously indicated, the prime vineyard land is interspersed through- • i i I'i Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 7 out the property. Following the "rural enclave" design tradition of French and Italian vineyard estates, a highly desirable esthetic charac- teristic is found in the thoughtful integration of vineyards, pastures, gar- dens and residences into the overall ambiance of the community. Fur- ther, as in the case of European vineyard estates, residences will be ac- cessed by the same roads that provide harvest and maintenance ac- cess to the producing vineyards. Within the total planned residential lot count, smaller groups of estate residences are "clustered" to take advantage of proximity to vineyards and preserved areas while, at the same time, attempting to create a sense that each estate has access to and embraces the rural amenities described herein above in the Owner's land use objectives. While it may be desirable to "confine" cluster housing on other smaller RA sub- division projects that have less well defined agricultural characteristics and that may create a shorter-term agricultural purpose, the planned residences and the design guidelines related to their development will establish a well integrated and high value economic base that is sup- portive of the basic intent of rural preservation. Where land to be held in the Owner's rural preservation tract is consid- ered to "intrude" on estate lots, it is for the purpose of: (I) ensuring adequate buffers between estate lots and the vine- yards, (2) preserving environmentally sensitive land and slopes, (3) providing trails for common usage among the residents, (4) providing cm "airshed" for cold air runoff requisite for the vine- yard operations; and (5) creating internal landscape amenities such as water features cmd meadows throughout the project. • i •i is Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 8 For these reasons, these passive uses planned in the areas should not be viewed as an "intrusion" (in the words of the zoning ordinance) but, rather, a property enhancement that is desirable for the vineyard op- erations and that will have perpetual open space management and maintenance. h. All development lots hall have access restricted to an internal street...." The master plan for estate lots is consistent with this statement of intent. "i. ....the public purpose to be served would be equally or better served by conventional development." Conventional (by right) development could yield one-third more lots and eliminate any possibility for establishment of the proposed agricul- tural program and other rural area amenities included in the Owner's land use program. In structuring the Rural Preservation Development subdivision plan for the property, the following Special Provisions (per Section 10.3.3.3. of the Albemarle County Zon- ing Ordinance) were taken into consideration: "a. The maximum number of residential lots within a rural preservation development shall be the same as may be achievable pursuant to section 10.3.1....The total number of lots available for rural preserva- tion development shall not exceed the number available for conven- tional development...." Thirty three (33) residential lots and one preservation parcel is pro- posed. Based on the by right subdivision concept, a conventional sub- division development will yield forty three lots in a combination of two- acre and twenty one acre tracts located within the six individual tax map parcels comprising the 510.6 acre property. i If . _' L,A Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 9 "b. ...no rural preservation development shall contain more than twenty (20) development lots; except that the board of supervisors may authorize more than twenty (20) development lots by issuance of a special use permit...." The subject application seeks approval for thirty three lots. "c. Provisions of Section 10.3.3, rural preservation development, shall be applied to the entire parcel " This application specifically expresses the above intent. However, the property contains multiple internal parcels, each of which having its own discrete allocation of development rights. It is feasible to develop the property via conventional subdivision practices or by creating separate two rural preservation development in order to achieve the desired thirty three estate residential lots, "d. The area devoted to development lots together with the area of roadway necessary to provide access to such lots shall not exceed the number of development lots multiplied by a factor of six (6) expressed in acres;" Based on the preliminary subdivision plan, the land area to be con- tained in estate lots is equal to approximately 176 acres. The land area to be contained in private access easements is 21.5 acres, The com- bined area of lots and road easements is 197.5 acres, representing an average lot and road easement area of 5.98 acres per lot. Based on Section 10.3.3.3.d. provisions, a total allowable area of 198 acres could be contained in lots and roads. "e. No rural preservation development shall contain less than one (1) rural preservation tract...." The Owner will maintain the entire land that is not contained in resi- dential lots as one or more rural preservation tract or as otherwise agreed to by the Board of Supervisors. 1\/ ■ ■ ■' . . r. Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 10 "f. No rural preservation tract shall consist of less than forty (40) acres not more than one (1) dwelling unit shall be located on any rural preservation tract or development lot...." The total land area to be held in rural preservation tract(s) is 313 acres. Not more than one dwelling is planned on any preservation tract. II. Landfill Permit for Floodplain Alteration In order to achieve the desired road interconnectivity within the property, there ex- ists no other physical alternative available other than the floodplain crossing. Sec- tion 30.3.06 of the Albemarle County Zoning Ordinance requires a Special Permit for stream crossings that alter an existing floodplain. There will be one private road crossing of a floodplain in close proximity to, but determined to be just upstream of, a FEMA "approximated floodplain" (see preliminary plat exhibit). Upon interpreta- tion, the County may determine that a floodplain crossing permit is required. Based on preliminary site analysis and engineering evaluations related to the sub- ject request, it is my opinion that the conditions and circumstances requiring ap- proval of a Special Use Permit and Landfill Permit are supportable for the following reasons: 1. Alternative Locations for Access to Subdivision: Upon exploration of multiple options to achieve the desired mix of residential and agricul- tural uses, it was found that there exists no feasible and practical alter- native to achieve the required project access to the subject property. Intra-parcel access is constrained by physiographic characteristics of the site, floodplains and stream valleys, and land ownership condi- tions, as noted on the accompanying preliminary plan. 2. Alteration or Relocation of Watercourse: No substantial alteration or relocation of the tributary channel will be required to achieve the sub- ject crossing. Only reasonable earthwork within the limits of construc- tion impact for the private street and stream crossing will be required to dr % Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 11 achieve County private road standards for vertical and horizontal road gradients and fill sections, along with construction activities required for the establishment of other criteria within the floodway. Any required earthfill for the road crossing within the floodway will be engineered so as any increase in the level of the 100-year storm will not be statistically significant. 3. Impacts on Upstream and Downstream Properties: The subject stream crossing will be designed and engineered to ensure that there will be no adverse hydraulic conditions which would impact upstream and downstream properties. The hydraulic capacity of the stream crossing shall function to meet hydraulic design requirements for the subject pri- vate road classification. The placement and hydraulic function of the crossing is at a location where there will be no increased backwater on upstream properties re- sulting from the 10- and 100-year storm events. With final engineering for the crossing, the 10-year and 100-year storm impacts will be tested for upstream and downstream impacts. The design will ensure that there will be no change in the water surface elevation differential be- tween the pre- and post-development condition with respect to the headwater elevation at the channel centerline at closest upstream ad- joining property as impacted by the tested 10-year storm. 4. Flood Carrying Capacity: The proposed stream crossing's design pa- rameters will ensure that the existing flood carrying capacity within the tributary's watercourse will be maintained. 5. Best Management Practices and Erosion and Sediment Controls: The property subject to this application is primarily vacant and has been timbered over the years. The Owner has recently established the first phase of a vineyard in a portion of the property and intends to expand the vineyard area if this application is approved. BMPs and stream buffer improvements for the proposed crossing are intended to en- hance existing environmental conditions in and around the tributary area. Design evaluations are being conducted to determine the feasi- Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 12 bility of constructing a large lake employing the stream crossing em- bankment as a darn. Field inspections in conjunction with its stream channel evaluation pro- ject have revealed substantial streambank erosion problems and chan- nel deterioration upstream of the construction impact area. These prob- lems can be remedied by the application of thoughtful stream channel enhancements, employing bio-engineering techniques and other envi- ronmentally appropriate improvements. Best Management Practices and erosion and sediment control measures would be implemented for critical sections immediately upstream and downstream of the stream crossing. 6. Feasibility of Planned Stream Crossing: With the submission of subse- quent final subdivision plan, detailed hydrologic analysis, hydraulic modeling and engineering responses of the proposed crossing will be developed to ensure that the proposed crossing improvements can be implemented without negative impacts on storm drainage characteris- tics and floodway carrying capacity. With the approval of the Special Permit for the crossing, this Owner's consultants will work with County engineers to select the most appropri- ate design for the road crossing, with continued consideration being given to the establishment of a pond upstream of the crossing. A final determination as to the geology, hydraulic design parameters and the related structural engineering for the tributary crossing will be devel- oped as a part of the engineering process for the subdivision plan. III. Critical Slope Wavier Request Pursuant to Section 4.2.3.2. of the Albemarle County Zoning Ordinance, the Owner requests a waiver for development of private roads within a limited area of critical slopes (exceeding 25%,) The accompanying preliminary subdivision plat includes a slope exhibit that depicts the critical slope locations on the subject 510.6 acre prop- erty along with the delineation of the portion of private road easements that would 1`/ Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 13 the potentially impact the critical slopes. Given the recommended design of the rural preservation development, we have sought to minimize overall grading and earthwork for the system of internal private roads planned for this rolling property. It was a major design goal to preserve the property's existing woodlands and other sensitive environmental areas. As opposed to public road design standards, a private road system affords the opportunity to create a more sensitive transportation network that minimizes the impact on slopes and environmental features. The roads through the property have been aligned to avoid disturbance of critical slopes, wooded areas and environmental features to the greatest extent possible. No critical slopes will be impacted by residential dwelling construction. The rela- tively small areas where grading within the road easements will be introduced into the 25% slopes will impact only 1.7-acres, or less than one third of one percent of the total acreage of the property. The table below summarizes the critical slope consid- erations: LAND USE SUMMARY: CRITICAL SLOPES Total Subdivision Area: 510.6 acres Acreage in Rural Preservation Parcels: 313.10 acres Acreage in Estate Residential Lots: 176.0 acres Total Area with Critical Slopes: 71.9 acres % of Property with Critical Slopes: 14.10% Residential Estate Building Sites Impacted by Critical Slope Disturbance: None Total Residential Site Area with Critical Slope Disturbance: 0.0 acres v Ik,i Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 14 Total Private Road Construction Impact Area: 23.0 acres Total Private Road Area with Critical Slope Disturbance.' 1.7 acres of Total Property Area with Critical Slope Disturbance: 0.33% Given the minor impact on critical slopes resulting from the construction of the planned internal road system, it is my opinion that the rural preservation develop- ment can be undertaken and managed in such a way as to: (a) provide for the safe and orderly development of the Estates, (b) satisfy sound environmental engineering principles for road con- struction, (c) create the necessary, sufficient and safe access for the long-term viti- cultural and agricultural operations, (d) offer attractive siting opportunities for each proposed estate resi- dence with no impact on critical slopes for building sites, (e) maintain the overall integrity and design intent of the Rural Preser- vation project, and (f) minimize disturbance of critical slopes and encourage the stabiliza- tion of other environmentally sensitive areas located within the prop- erty. In summary, based on our analysis of the property's topography, soils, and overall configuration, the construction of private roads within the minor areas of the prop- erty's critical slopes will not be detrimental to the public health, safety or welfare as well as other considerations related the County's zoning ordinance. Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 15 IV. Findings and Conclusions 1. On the basis of the supporting infoumation presented herein, the subject Rural Preservation Development is (a) consistent with the Plan's Rural Area designation, (b) in harmony with existing uses in the district, and (c) is viewed as promulgating the health, safety and general welfare of the surrounding community and environment, 2. The approval of the Special Permit will support the consolidation of multiple parcels into unified ownership, management and mainte- nance of a desirable agricultural operation via a 313-acre Rural Preser- vation Tract within the Rural Area. 3. The approval of a Special Peiiiiit for the Vineyard Estates project will yield a long-teiiii and productive agricultural activity for the property while integrating a limited number of high value residences. Environ- mental and economic sustainability resulting from the strategic cluster- ing of residences and locations for agricultural activities will be'realized in a fashion not otherwise achievable for the subject property via a by right development. 4. The proposed Special Permit will not adversely affect adjacent property in the following respects: (a). From an environmental standpoint, the sensitive areas of the prop- erty will be enhanced via the development of the preservation parcel. (b). From an aesthetic standpoint, the perimeter edges of the property will be reforested in a buffer located within a permanent open space easement. (c). From an agricultural productivity standpoint, the vineyard and or- chard operations will improve the critical mass and upgrade the quality of agricultural activity in the area. • ' ! Y 1 ,, Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 16 (d). From a development density standpoint, the thirty three (33) planned residences will yield one-third fewer subdivided lots than allowed via the development rights for the six internal parcels. (e). From the standpoint of impact on Blenheim Road and President's Road, there is little visual "penetration" of the property, and it is not expected that, upon completion of planned internal landscape improvements, any of the thirty three residences will be visible from these public roads or from adjacent properties. 5. The proposed Special Permit will improve the overall character of the area surrounding the property and is in harmony with the purpose and intent of the zoning ordinance. This improvement will be physical, en- vironmental, transportation, fiscal and economic. Physical and envi- ronmental improvements to the property will result in a sustainable ag- ricultural operation, resulting in a character deemed a high value by the County's Rural Areas land use goals. The economic valuation of the planned residences will be a large multiple in excess of the aver- age value of the residential dwellings that fronts on Blenheim Road and President's Road, a character considered importance in the con- text of the County's fiscal considerations. The transportation improvements are internal and the traffic generated by thirty three residences (to be marketed to retirees and empty nest- ers) will have very modest impacts on adjoining public roads. At pre- sent, the relatively small lots and residences along Blenheim Road and President's Road can be characterized as "strip residential" develop- ment, with a vast majority of the residences having narrow frontages relative to what is desirable for true Rural Area land use objectives. The subject project will have a total of only three access points to pub- lic roads, two on Blenheim Road and one on President's Road. 6. The Special Peuiiit is consistent with the pre-existing regulations, poli- cies and land use criteria for the portions of the property that are in the Agricultural and Forestal District. i v w • Mr. Wayne Cilimberg, Director Re: The Vineyard Estates February 18, 2003 Page 17 7. The proposed project will be implemented under a program of en- hanced land use and architectural standards that exceed those re- quired under the County's noniial rural area residential lot develop- ment criteria. The Owner and its architect, landscape architect and engineer are coordinating in the preparation of detailed design stan- dards and guidelines for every aspect of individual estate lot develop- ment activities. An Vineyards Estate Design Review Committee will op- erate under a set of pre-established standards to be applied to each lot for architectural design and materials, architectural massing, architec- tural materials and colors, dwelling siting, landscape design, driveway design, supplemental site environmental controls, site maintenance, and enhanced erosion and sediment controls. I look forward to working with you and County officials in pursuit of approvals for this project. With appreciation for your interest and support in developing this applica- tion, I am Yours truly, Frank D. Cox, Jr AICP fdcjr/ajh attachments: Application Plan Packages Master Plan (2 reduced copies) Application Farms Check for Application Review Fees xc: Patricia Kluge Bill Moses Steve Blaine Kirk Hughes LECLAIR RYAN RICHMOND OFFICE. TELEPHONE: (804) 783-2003 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW STEVEN W. BLAINE INNSBROOK OFFICE POST OFFICE BOX 2017 TELEPHONE. (804)270-0070 EMAIL: sblaine@leclairryan.com 1 23 EAST MAIN STREET BLACKSBURG OFFICE. EIGHTH FLOOR TELEPHONE. (540)961-2762 CHARLOTTESVILLE, VIRGINIA 22902-2017 OUR FILE No. 1 1573.01 1 NORFOLK OFFICE' TELEPHONE: (434)245-3444 TELEPHONE. (757)624-1454 FACSIMILE: (434)296-0905 ALEXANDRIA OFFICE TELEPHONE. (703)684-8007 October 27, 2003 VIA HAND-DELIVERY Ms. Margaret Doherty Albemarle County Department of Planning and Community Development 401 McIntire Road Charlottesville, VA 22902 Re: SP-03-19; Kluge Vineyard Estates Dear Ms. Doherty: On behalf of our client, the applicant in the referenced special use permit application (SP-03-19), this letter is to advise that the application is hereby withdrawn. The applicant requests that no further action be taken on the matter. Very truly y Steven , T. /ngc cc: Mr. William J. Moses Mr. Frank D. Cox RECEI OCT 17 2003