HomeMy WebLinkAboutZMA202100004 Action Letter 2021-11-05County of Albemarle
Community Development Department - Planning
November 5, 2021
Don Franco
Roudabush Gale & Associates
435 Merchant Walk, Suite 300-159
Charlottesville VA 22902
dfranco@roudabush.com
RE: ZMA202100004 Breezy Hill Action Letter
Dear Mr. Franco,
Charles Rapp
rappc@albemarle.org
Telephone: (434) 296-5832 ext. 3254
On October 6, 2021, the Board of Supervisors took action on the above noted Zoning Map Amendment on Tax Map Parcel
Numbers 09400-00-00-001A0; 09400000000500; 09400000000600; 09400000000800 and 09400000000BAO in the
Scottsville District.
The Zoning Map Amendment was approved by the Board's adoption of the attached Ordinance No. 21-A(9) and Proffer
statement dated September 24, 2021.
Please be advised that although the Albemarle County Board of Supervisors took action on the project noted
above, no uses on the property may lawfully begin until all applicable approvals have been received and
conditions have been met. This includes:
• compliance with the approved zoning map amendment
• approval of and compliance with a Subdivision Plat and associated permits; and
• approval of a zoning compliance clearance.
Should you have questions regarding the above -noted action, please contact me.
Sincerely,
Charles Rapp, AICP, ASLA
Director of Planning
Cc. Charlie Armstrong
Southern Development
142 South Pantops Dr
Charlottesville VA 22911
Carroll Creek Properties LLC
1145 Timber Ln
Boulder CO 80304
WWW.ALBEMARLE.ORG
401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579
ORDINANCE NO.21-A(9)
ZMA 2021-00004
AN ORDINANCE TO AMEND THE ZONING MAP
FOR TAX PARCELS 094000000001A0; 09400000000500;
09400000000600;09400000000800; AND 094000000008AO
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 2021-00004 and their attachments,
including the Concept Plan last revised on August 5, 2021, the Illustrative Plan of Pocket Park and Tot Lot dated
August 6, 2021, and the Proffers dated September 24, 2021, the information presented at the public hearing, any
comments received, the material and relevant factors in Virginia Code § 15.2-2284 and County Code §§ 18-13.1
and 18-33.6, and for the purposes of public necessity, convenience, general welfare and good zoning practices,
the Board hereby approves ZMA 2021-00004 with the Concept Plan dated August 5, 2021, the Illustrative Plan
of Pocket Park and Tot Lot dated August 6, 2021, and the Proffers dated September 24, 2021.
*r*
I, 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 four to two, as
recorded below, at a meeting held on October 6, 2021.
Clerk, Board of County SuperdIes
A Nay
Mr. Gallaway
Y
Ms. LaPisto-Kirtley
Y _
Ms. Mallek
N_
Ms. McKeel
Y
Ms. Palmer
Y
Ms. Price
N
PROFFER STATEMENT
ZMA No. 2021-004
Original Proffers _X
Amendment
Parcel Numbers: 09400-00-00-001AO, 09400-00-00-00500, 09400-00-00-00600, 09400-00-00-00800, 09400-
00-00-008AO.
Owners) of Record: BREEZY HILL AT KES WICK, LLC and CARROLL CREEK PROPERTIES, LLC
Dated: September 24, 2021
76+/- acres to be rezoned from RA to R-1
Breezy Hill at Keswick, LLC and Carroll Creek Properties, LLC are the owners (the "Owner" or "Owners") of
Parcel Numbers 09400-00-00-OOIAO, 09400-00-00-00500, 09400-00-00-00600, 09400-00-00-OO8A0, and
09400-00-00-048AO (collectively, the "Property") which is the subject of rezoning application ZMA No. 2021-
004, a project known as `Breezy Hill" (the "Project').
Pursuant to Section 18-33.7 of the Albemarle County Code, the Owner hereby voluntarily proffers the
conditions listed below, which will apply to the Property if it is rezoned to the zoning district identified above.
The owner and applicant specifically deem the following proffers reasonable and appropriate, as conclusively
evidenced by the signatures below.
1. Concept Plan:
The Property must be developed in general accord with the plans titled 'Breezy Hill Rezoning Concept
Plan" (the "Concept Plan"), prepared by Roudabush Gale & Associates, dated May 12, 2021, and must
reflect the following major elements as shown and noted on the plans:
a) The Project is limited to a maximum of 80 residential dwelling units.
b) The primary vehicular connection must be to Route 250;
c) A secondary vehicular access to Running Deer Drive must be installed prior to the issuance of the
31"building permit.
d) During development, construction traffic must not use the Running Deer Drive entrance;
e) Reservations for future vehicular and/or pedestrian connections to the west toward Carroll Creek
must be provided;
f) Road typical sections must be in general accord with the typical sections on the Concept Plan;
g) Trail, multi -use path, and pedestrian network locations and typical sections must be in general
accord with the Concept Plan;
h) Locations and sizes of Open Space, stream buffer, and Conservation Areas must be in general
accord with the Concept Plan;
i) Lots must not encroach into any stream buffer, preserved slopes, or any proposed slopes of 25
percent or greater.
2. Counterparts: This Proffer Statement maybe executed in any number of counterparts, each of which
will be an original and all of which will constitute but one and the same instrument.
Signatures are on the following page.
OWNERS
9/24/21
BREEZY HILL AT KESWICK, LLC Date
By: Charlie Armstrong
Title: Authorized Agent
9/24/21
CARROLL CREEK PROPERTIES, LLC Date
By: Charlie Armstrong
Title: Authorized Agent