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HomeMy WebLinkAboutZMA199800012 Staff Report 1999-05-12EXECUTIVE SUMMARY AGENDA TITLES: AGENDA DATE: ZMA 98 -12: Minor amendment to Forest Lakes South PRD May 12, 1999 ZMA 98 -13: Springridge PRD SP 98-46: Stream Crossing (from Powell Creek Drive) ACTION: SP 99 -02: Stream Crossing (from Timberwood Parkway) SUBJECT /PROPOSAL/REQUEST: Request to amend Forest Lakes South PRD to allow a road and'pathin an area §hbWh -fo"r arvpatfi only, on -the original PRD Plan. Request to rezone property from R -1 and RA to PRD for Springridge development. Request to approve a stream crossing over Powell Creek for a road from Powell Creek Drive into the Springridge development. Request to approve a stream crossing for a road from Timberwood Parkway into the Springridge development STAFF CONTACT(S) : Tucker, Cilimberq, Echols 1II;—.1 V GiV MAY n 7 1999 PLANNING AND COMMUNITY DEVELOPMENT ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION. ATTACHMENTS: Yes REVIEWED BY: l BACKGROUND: On February 10, the Board of Supervisors heard the request for ZMA 98 -12, ZMA 98 -13, and SP 98 -46. Accompanying that request was an alternate set of proffers which, if approved, would have resulted in a development whose sole access would be from Forest Lakes North via Timberwood Parkway. With the understanding the Forest Lakes Community Association would be taking a vote on the possible conveyance of land to provide this access, the Board deferred action on the requests. The Board said it would take action on the rezoning requests after the vote of the Community Association and after receiving a recommendation on a northern stream crossing from the Planning Commission. In early March, the Association's vote was taken and, although there was an affirmative vote to convey the land for the stream crossing to support access from Timberwood Parkway only, the vote failed to meet the required 75% approval. So, the land conveyance necessary for sole access from Forest Lakes North was not approved and the applicant dropped the second set of proffers. The applicant has retained the second stream crossing to allow for the "V" connection into the property. The "V" connection would provide for interconnections of Forest Lakes North and Forest Lakes South without crossing the road over the dam. The Planning Commission recommended approval of the second special use permit at their April 6 meeting. The proffers for the rezoning have been revised and are attached to this Executive Summary. (See Attachment A.) The revised proffers have been reviewed by the County Attorney's Office. Proffers number 5C and 6 C are-stiN-rtader review by the County Attorney's office. Any necessary revisions will be forwarded to you immediately. DISCUSSION: The potential opening of the road over Lake Hollymead Dam has been the primary issue of concern for the rezoning and special use permit requests. The Planning Commission has recommended approval of the Springridge rezoning with the road constructed over the dam to provide for interconnection of neighborhoods. As part of the rezoning request, the applicant has asked the County to take ownership of the dam. Ownership of the dam by the County is required by VDOT in order to accept the road into the public system for maintenance. The Planning Commission also strongly endorsed the concept of the "V" connection to provide an alternative interconnection to constructing the road over the dam. The dam itself was designed in the late 1960's and constructed in the early 1970's. In 1981, VDOT viewed the dam as acceptable for a road which they would maintain. In 1987, VDOT said that, with a permit from the State Water Control Board, they could accept the road for maintenance. In 1998, VDOT again reviewed the adequacy of dam for a road and said that the dam was acceptable for a public road if the 7 criteria described in Attachment B were met. Additionally, the County would need to sign the County- State agreement which is also a part of Attachment B. t_ AGENDA TITLES: ZMA 98 -12: Minor amendment to Forest Lakes South PRD ZMA 98 -13: Springridge PRD SP 98-46: Stream Crossing (from Powell Creek Drive) SP 99 -02: Stream Crossing (from Timberwood Parkway) May 12, 1999 Page 2 Acceptance of ownership of the dam by the County would obligate the County for maintenance of the dam and p_ossible___ liability.- a annual insurance cost to add the Hollymead dam to the County's general liability policy would be approximately $2000 per year. Average annual maintenance would consist of mowing, inspections, and litter removal. It would cost about $5,000 per year. If the dam were to fail in its entirety, which is highly unlikely since usually only- portions of dams fail, the replacement cost would be approximately $500,000. If the Board decides not to accept the proffer dealing with the road over the dam, access would be provided solely from Powell Creek Drive. The alternative road interconnection is the "V" connection that would bring Powell Creek Drive and Timberwood Parkway into the Springridge property without a dam crossing. To pursue this connection, the Forest Lakes Community Association would have to convey open space for right -of -way and easements to the developer. The ownership and maintenance of the dam would rest with the developer or the Community Association. The "V" connection alternative would remove the off -site proffers for street and traffic improvements near the school complex. The value of the off -site proffers plus the anticipated cost for building the road over the dam would be applied to the Timberwood Parkway component of the "V" connection. If the anticipated costs exceed $270,000, and the County or other entity will not provide the difference, then this option would not be pursued by the Applicant. The proffered dedication of the dam represents the developer's effort to provide for road interconnections between neighborhoods in Forest Lakes. The proffer is an "offer" to the County; the County is not obligated to accept the proffer. If the proffer is not accepted, but the rest of the rezoning is approved, then access would be provided solely from Powell Creek. If the rezoning is approved with the proffers, staff believes the Board should make a statement of intent regarding the dam. Such a statement of intent, though nonbinding, would provide direction to the applicant and bring closure to this controversial issue. To delay making a decision on whether or not to allow a public road over the dam access would be postpone the decision until a final plat is submitted for dedication of the dam. As part of the dedication of right -of -way and acceptance of the road into the public system, VDOT would require the County to sign the County — State agreement for Maintenance of a Road over a Dam. By accepting Proffer 4 and not making a decision on whether the County should allow a public road over the dam by taking ownership and maintenance, the Board postpones resolution of the issue. In this case, if the Board subsequently decided not to accept ownership and maintenance of the dam, the applicant would provide access solely from Powell Creek Drive. It would be most desirable for the Board to express its intent regarding the dam at this time. If the Board makes a decision at this time, then the applicant will know whether or not to develop engineering plans for the road and begin the submittal process for review and approval by the County. For the County, it is possible that the $170,000 in road improvements could be proffered for other off -site improvements. For the neighborhoods, the controversy would be resolved. By stating its intent with approval of the rezoning, outstanding issues could be settled now. RECOMMENDATION: The Planning Commission has recommended approval of ZMA 98 -12 to allow a change in open space to the Forest Lakes South PDR to allow for construction of a road to the Springridge property. The Commission has recommended approval of ZMA 98 -13 and SP 98-46 for a neotraditional type development and a stream crossing for access. They recommended acceptance of the proffers for ZMA 98 -13 provide for two alternatives for interparcel access. Although the cost for owning and maintaining the dam is about $7000 per year, the Planning Commission has said that the Forest Lakes Community would benefit from having an interconnected neighborhood. They have said that the County would benefit by enabling neighborhood traffic to flow within the neighborhoods rather than on Route 29. The benefit of an interconnected neighborhood would also accrue with the "V" connection. With the "V" connection, though, the Community Association would have to approve the disposition of open space to this use and it is unknown whether or not an affirmative vote on the conveyance is possible. The Planning Commission recognized that the "V" connection might not be possible; however, the Commissioners recommended approval of SP 99 -02 for the stream crossing by a road from Timberwood Parkway as the preferable way to connect the neighborhoods. AGENDA TITLES: ZMA 98 -12: Minor amendment to Forest Lakes South PRD ZMA 98 -13: Springridge PRD SP 98-46: Stream Crossing (from Powell Creek Drive) SP 99 -02: Stream Crossing (from Timberwood Parkway) May 12, 1999 Page 2 The Planning Commission has recommended approval of the rezonings and special use permits and recommended that the Board accept the proffers as submitted. The Planning Commission has strongly endorsed the concept of interparcel access as well as the ."V" connection.- The Planning Commission has- said that approval of all four requests is necessary to proceed with the development. Staff would also recommend that, in its action on the rezoning of ZMA 98- 13, the Board make a statement as to whether it will accept ownership and maintenance of the dam under terms and conditions acceptable to the County. �• �: (Amendment # 4 ) PROFFER FQRM ATT_ACHMENT_. A., . Date: 5/5/99 ZMA # 98 -13 Tax Map Parcel(s) # 4b�sa - 75 Acres to be rezoned from R -1 /RA to PRD in accordance with. Application Plan dated 10/7/98 and General and Specific Conditions dated 5/5/99. - - Pursuant =to- Section - -33 3 -of= the - Albemarle - County- Zoning - 0 rdinance; the- owner; or - - its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall -- --. b.. e_:_ ap .p.l.ipolo- th.e_p,rL,perty,_if- rezoned. These- conditions -are proffered- as- a- part-of-the - - - -- - - -- requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. 1. Maximum Number of Dwelling Units: The fifty (50) acres west of Powell Creek shall be developed with not more than one hundred thirty -five (135) total dwelling units. The unit mix may include only the following types of dwellings: single family detached units, single family attached units, and townhouse units as referenced in the General and Specific Conditions as shown on "The Application Plan ". A. If the dwelling units are exclusively single family detached units, then not more than one hundred (100) dwelling units shall be developed. B. The purpose of this proffer is to conform to the Comprehensive Plan's recommendation for new development within an existing subdivision. 2. Common Area Open Space: The twenty -five (25) acres east of Powell Creek, as shown on the Application Plan, shall be designated as common area open space to be privately owned and regulated under Section 4.7 of the Zoning Ordinance in effect on May 12, 1999, a copy of which is attached to these proffers. A. The area shall be maintained in its natural state except for the installation of public utilities, stormwater management devices and erosion control measures, and other associated infrastructure for the development, such as footbridges, walking trails, and the like. B. The purpose of this proffer is to conform to the Comprehensive Plan's objectives to provide active /passive recreation areas and to provide a buffer between the Development Area and the adjacent Rural Area. 3. Cash Contribution for Off -Site Improvements: The owner will contribute one hundred thousand dollars ($100,000) to an escrow fund to be established by the County of Albemarle (the "County") for any of the following items: (1) installation of traffic calming measures, such as, but not limited to speed humps, traffic circles, and raised intersections, along Powell Creek Drive and Timberwood Parkway between their intersections with Ashwood Boulevard and Cove Pointe Road; (2) construction of road improvements along the same --- -- -----section- of_road,- such -as,- but -- not limited -to -- realignment: of inter-sections,-road- -- -- - - - -_ -- widening, turn lanes, and pavement overlays; or (3) any other projects from the County's list of capital improvement projects within the Hollymead Community and mutually agreeable by both the County and the owner. A. Payment for the off -site improvements will be as follows: fifty thousand dollars ($50,000) will be contributed at the time of closing for the first residential lot and an additional one thousand dollars ($1,000) for each residential lot will be contributed at the time of closing for each of the first fifty (50) residential lots for a total contribution of $100,000. B. This proffer shall have no force or effect if the owner constructs the "V" Connection described in Proffer 5. 4. Construction of Public Road Over Lake Hollymead Dam: The owner shall construct a two lane, twenty -four (24) foot -wide rural section road shall be constructed to VDOT standards for a projected traffic volume of up to four thousand (4000) ADT, from the end of state maintenance for the northern terminus of Powell Creek Drive across the Hollymead Dam to the southern terminus of Timberwood Parkway. The value of the road described herein is estimated to be one hundred seventy thousand dollars ($170,000). A. The public road shall be built or bonded as part of the first final subdivision plat for the Springridge development B. The public road right -of -way shall be the 120 foot wide strip of land shown on the Application Plan. C. This proffer shall have no force or effect if: (1) the County does not agree to accept ownership of the 120 foot wide strip of land and the maintenance responsibilities for the Hollymead Dam and provide guarantee of the Hollymead Dam sufficient for acceptance of the road by VDOT; or (2) the "V" Connection described in Proffer 5 is constructed. D. The purpose of this proffer is to conform to the Comprehensive Plan's recommendation to interconnect neighborhoods. 2 5. Construction of "V" Connection Road as Alternative to Road Over Lake Hollymead Dam: The owner shall aggressively pursue the acquisition of land for right -of -way and easements necessary from the Forest Lakes Community Association to construct a road from the southern terminus of Timberwood Parkway into the Springridge parcel. This road shall be called the "V" Connection. A. The "V" Connection shall be an alternative to the road over the Lake Hollymead dam described in Pro er If the owner'acquires the necessary land "for right -of -way an - -- - -- easements, it shall prepare preliminary engineering plans from which a cost estimate will be made for construction of the "V° Connection. The engineering plans and cost estimates will be provided to the County for evaluation. If the cost estimate, including the cost of acquiring land and easements, exceeds two hundred seventy thousand dollars ($270,000), this proffer shall have no force or effect unless the County or another entity commits to provide the difference between the estimated cost of the "V" Connection and the two hundred seventy thousand dollars ($270,000) to be contributed by the owner (which shall be in lieu of the one hundred thousand dollar ($100,000) cash contribution described in Proffer 3 and the one hundred seventy thousand dollar ($170,000) estimated value of the Lake Hollymead Dam road described in Proffer 4). C. This proffer shall have no force or effect if the land for right -of -way and easements necessary to construct the "V" Connection is not acquired, the County evaluation of the preliminary engineering plans is not completed, or the source(s) for any additional funding requirements above the two hundred seventy thousand dollars ($270,000) detailed in Proffer 5B are not committed within ninety (90) days after acceptance of this proffer, unless an extension is agreed upon, in writing, by the owner, Forest Lakes Community Association, and the County Board of Supervisors. D. The purpose of this proffer is to conform to the Comprehensive Plan's recommendation to interconnect neighborhoods. 6. Dedication of Land for Greenway and Establishment of Nature Trail: The owner shall designate a strip of land at least one hundred (100) feet in width along Powell Creek (the "Greenway"). The Greenway shall extend from the point where Powell Creek enters the property to where it exits the property. The owner also shall establish a nature trail along Powell Creek. The nature trail shall be established within the Greenway, and may be located on either side of Powell Creek, at the discretion of the owner. A. The Greenway and the nature trail may be established at any time, but not later than the date the last final subdivision plat for the Springridge development is approved.- -- B. The Greenway and the nature trail shall be designated for future dedication to the County on a final subdivision plat. C. Except as otherwise provided herein, the Greenway and the nature trail shall be conveyed in fee simple by deed to the County after the nature trail is constructed and is acceptable to the County. if the Greenway and nature trail are never used by the County for the purpose for which they were proffered, the County shall convey them to the owner of the common area open space described in Proffer 2. If the County amends its Comprehensive Plan so as to abandon the Greenway concept along the portion of Powell Creek described herein before the Greenway and nature trail are conveyed to the County, the owner shall retain the Greenway as common area open space described in Proffer 2. D. The purpose of this proffer is to conform to the Comprehensive Plan's recommendation to establish a greenway along Powell Creek. 7. Installation of Street Trees: The owner shall install and maintain street trees on both sides of the loop road shown on the Application Plan within the five (5) foot planting strip between the loop road and the sidewalk spaced approximately fifty (50) feet apart. A. The street trees shall be shown on the final road plans and bonded with road improvements. B. The installation of the street trees described herein is conditional upon the owner's ability, with the assistance of the County, to obtain approval from Virginia Department of Transportation ("VDOT") and the Albemarle County Service Authority ( "ACSA ") to locate and install the street trees in either the public right -of -way or within utility easements adjacent to the public right -of -way. This proffer shall have no force or effect if the owner is unable to obtain M the approval from VDOT and ACSA described herein prior to approval of the first final subdivision plat for the Springridge development. C. The purpose of this proffer Is-to_c nform to the Comprehensive ,Plan's recommendation that new developments include design elements. a Qirc -mrn hi rffar• hart management oractices: The owner shall establish the required stream buffer at the rear of the property unesn as snuwri yur it--, dlly on "Th "e Application Plan ", for lots abutting Powell Creek. This proffer shall be interpreted to allow the stream -buffer #® -be- reduced to gas li a =as -- fifty (50) feet, as provided in the Water Protection Ordinance, if approved by the Engineering Department. Siod(atures of All Owners MM Signature of Attorney -in -Fact (Attach Proper Power of Attorney) PROFFORM.WPD Rev. December 1994 Stephen N. Runkle General Partner Forest Lakes-Asoociates 5/5/99 Printed Names of All Owners Date Printed Name of Attorney -in -Fact General Conditions (515/99) 1. A minimum 20' wide common area open space will be provided along the rear of those lots backing to Copper Knoll and Echo Ridge. This area is intended to serve as a buffer between Springridge and these adjacent neighborhoods, as such it will be maintained in its natural forested state wherever possible. 2. Common area open space shall be maintained in a natural state wherever possible.-Wan-made features -maybe constructed for erosion-control - -- - - -- - — -- stormwater management and for providing public utilities. This condition is -- -- - subordinate to, and therefore does not exclude uses and conditions detailed - -- - - -- - in Proffer 2 and Specific Condition 7, 11, 12, 16, 19 and 23. Areas of critical slope, 25% grade, have been identified on the Application Plan based on ACSA topographic maps. Critical slopes west of Powell Creek are within areas proposed for residential development, as such the provision of Section 4.2.5 of the Albemarle County Zoning Ordinance (adopted 12/10/80 and its subsequent revisions) are applied at the time of this rezoning to modify Section 4.2 criteria allowing the proposed construction. 4. (a) The road system shown on "The Application Plan" consists of public streets, private roads and alleys to be designed and constructed as follows. Sections of the Albemarle County Zoning and Subdivision Ordinances, which specify road design criteria (i.e., intersection angles, right -of -way widths, minimum cul -de -sac radii) in excess of those allowed by this application shall not apply. (b) The public streets within the neighborhood shall be 28' (face -of -curb to face -of -curb) in width and constructed in accordance with the VDOT 1996 Subdivision Street Requirements. (c) The public street between the neighborhood and Powell Creek Drive shall be a 22' wide rural section road and constructed in accordance with the VDOT 1996 Subdivision Street Requirements. (d) Private roads within the neighborhood shall be designed in accordance with the vertical and horizontal criteria in the VDOT 1996 Subdivision Street Requirements for project traffic volumes up to 250 ADT. The roads shall be, at a minimum, 18' wide rural designs with a minimum pavement section consisting of 8" of stone with a prime and double seal. (e) Alleys shall be, at a minimum, a 12' wide rural section consisting of 6" of stone with a prime and double seal. (f) Horizontal and vertical design standards for the alleys shall be limited to establishing a minimum 100' stopping sight distance, 100' intersection sight distance, and shall include a minimum clear zone of 3' on each side of the travelway to accommodate two -way traffic. R 5. The paved walking path between the loop road and the basketball courts shall serve as the second point of emergency access for the proposed development. As such, the paved walking path shall consist a minimum of 6" of stone and 1.5" of asphalt constructed a minimum of 8' in width, with a minimum 2' clear zone on either side, and have a maximum grade of 20 %.. If Proffer 5 is executed, this path shall still be provided, but per the specifications outlines in General Condition 14 (b). -6 Sidewalks= shall be-provided - along- both - sides-of = the - loop - road - and- other- areas_____ as shown on "The Application Plan ". The preferred design is a 5' planting strip between the curb -and-the -sidewalk. -However,- if- required-by VDOT -for - state acceptance, the Owner may opt to locate the walkway adjacent to the curb. If the state does not maintain the sidewalks, the Owner may substitute a paved walking paths design along the same general alignment. 7. Paved walking paths shall be provided as generally shown on the Application Plan to provide connection between the internal sidewalk system and the existing network of paved walking paths along Timberwood Parkway /Powell Creek Drive, the basketball courts, and the paved walking path to English Oaks in Forest Lakes South. 8. At the discretion of the Owner, vehicular access along the paved walking path between the loop road and the basketball courts may be discouraged with design features, including but not limited to removable bollards, a removable chain, or mountable curbing. 9. Pedestrian access shall be provided between the internal network and the greenway nature trail, described in the Proffer 6. At a minimum, this connection shall be provided by extension of a nature trail through Area 7. 10. Raised crosswalks are proposed in 6 locations to calm traffic and provide safe road crossing at key pedestrian links. If approved for construction by the County and VDOT, they will be installed as part of the construction of the loop road. 11. (a) The front yard setback shall be a minimum of 10'. (b) On detached lots, the side yard setback for primary and secondary structures shall be a minimum of 3'. (c) On attached lots, a zero side yard setback shall apply along common walls and for any accessory structures along the respective propertyline. (d) The rear yard setback shall be a minimum of 20'. Where lots are rear loaded from a private road or alley, the rear yard setback may be reduced to 3'. (e) Where shared driveways are constructed, the setback from the shared access easement shall be a minimum of 3'. (f) Within Areas 18 and 21 of "The Application Plan ", the setback from Area 19 shall be 10 "; the setback from the adjacent private road shall be 3'. 7 i I 12. Flag lots shall be permitted. 13. The areas identified on "The Application Plan" shall be developed in accordance with the following table and the Special Conditions provided in the Textual Statement. I Area Use /Feature 1 SFD Lots " -- -- ` ` - - -- -- - — SFD-Lot-s-- - 3 SFD Lots 4 SFD Lots 5 SFD Lots 6 SFD /SFA/TH Lots 7 Central Mail Pickup Area 8 SFD /SFA/TH Lots 9 SFD Lots 10 Raised Crosswalk 11 Median 12 Park - 13 Raised Cross Walk 14 Raised Cross Walk 15 SFD /SFA/TH Lots 16 Park 7 Raised Cross Walk 019 SFD /SFA/TH Lots Park 20 Raised Cross Walk 21 SFD /SFA/TH Lots 22 SFD /SFA/TH Lots 23 Park 24 Raised Cross Walk 14. Within the Proffers, General Conditions and Specific Conditions the following terms are defined: (a) sidewalk - a minimum 4' wide pedestrian travelway built to VDOT standards within the public right -of -way. (b) path_ - a minimum 5' wide pedestrian travelway-constructed with a minimum of 4" of stone and 2" asphalt. (c) trail - a pedestrian travelway loosely defined by a mulch surface or through periodic maintenance, such as clearing and mowing. �3 15. At the discretion of the Owner and subject to approval of the appropriate drainage calculations by the County, stormwater management requirements may be provided for off -site within the Hollymead Lake and common area lakes within Forest Lakes. 16. A protected area will be established along Powell Creek. The protected area will be an average of 200' wide plus the width of Powell Creek, and will be protected within common area under enforceable easement or deed — - rastr ction� Thus = measure= wili =be= given =cr =edit for=- and- consider =ed =a= component - - -- — -- - - - - -- of the project's stormwater management plan. 17. Interpretations and clarifications of this application may be made by the Director of Planning, without necessity for amendment provided that adherence is made to the general intent, concept, densities and design elements described in the General Conditions and "The Application Plan". 9 Specific Conditions (5/5199) The following specific conditions apply to areas referenced on "The Application Plan ". Area 1. (a) Residential development shall be limited to SFD ;'ots. (b) May be cul -de -sac design if approved by CountyNDOT, otherwise lots - - - - -will= front =on= loop= road. -- -- - - - - -- - - -- -- — --------------- - - - - -- - - -- - - - - -- - (c) Lots shall be front loaded from public streets. Area 2: (a) Residential development shall be limited to SFD lots. (b) Lots shall be front loaded from public street. Area 3: (a) Residential development shall be limited to SFD lots. (b) Minimum lot size shall be 0.27 acres. (c) A minimum 20' wide common area shall be provided along the rear propertyline. (d) Lots shall be front loaded from public street. 'Area 4: (a) Residential development shall be limited to SFD lots. (b) Minimum lot size shall be 0.35 acres. (c) A minimum 20' wide common area shall be provided along the rear propertyline. (d) Lots shall be front loaded from public street. (e) May be cul -de -sac design if approved by County and VDOT, otherwise lots will front on loop road. Area 5: (a) Residential development shall be limited to SFD lots. (b) Minimum lot size shall be 0.27 acres. (c) Lots shall be front loaded from public street. Area 6: (a) At the discretion of the Owner, residential development may be any mix of SFD /SFA/TH lots. (b) Lots shall be front loaded from public street. Area 7: (a) A central mail pickup area may be provided in lieu of individual mailboxes and subject to approval by the local postmaster general. (b) At the discretion of the Owner, parking may be provided within Area 7 and /or the eastern end of Area 19. 10 Area 8: (a) Residential development may be any mix of SFD /SFAITH lots. (b) Lots shall be front loaded from public street. Area 9: (a) Residential development shall be limited to SFD lots. (b) Lots shall be front loaded from public street or rear loaded from alley. ---AreaA -0. - -- - - - (a) This area is considered a key link in the internal sidewalk system and --_------------._ -- the- existing network of -paved -walking - paths, -as- such- as- raised _cro.sswalk will be constructed, subject to County and VDOT approval, to calm tra ffic - and to help provide a safe pedestrian road crossing. (b) The raised crosswalk shall be designed and constructed in general . conformance with the accepted standards for a speed hump or textured crosswalk. Area 11: (a) This median area near the intersection with the loop road may be provided if approved by the County and VDOT, otherwise the access road will be a 2 land public street throughout its entire length. (b) Landscaping, signage, and entrance features may be placed within the median subject to permitting by VDOT. Area 12: (a) The entry park shall be approximately 0.25 acres in size. (b) A sidewalk shall be provided along the loop road perimeter. (c) At the discretion of the Owner, park like structures (i.e., gazebo, benches, tables), landscaping and signage may be constructed in this common area. Area 13: (a) This area is considered a key link in the internal sidewalk system and the existing network of paved walking paths, as such a raised crosswalk will be constructed, subject to County and VDOT approval, to calm traffic and to help provide a safe pedestrian road crossing. (b) The raised crosswalk shall be designed in general conformance with the accepted standards for a speed hump or textured crosswalk and installed during construction of the loop road. i i 11 Area 14: (a) This area is considered a key link in the internal sidewalk system and - the existing network of paved walking paths, as such a raised crosswalk will be constructed, subject to County and VDOT approval, to calm traffic and to help provide a safe pedestrian road crossing. (b) The raised crosswalk shall be designed in general conformance with the accepted standards for a speed hump or textured crosswalk and installed during construction of the loop road. Area 15: -- - -- (a) May be any mix of SFD /SFA/TH lots. - -- (b) Lots shall be rear loaded from private road or alley. Area 16: (a) This interior park will be designed to provide a buffer between the alleys and shall be approximately 0.5 acres. (b) At the Owners discretion, and subject to County approval, parking areas, a tot lot and landscaping may be constructed within this common area. Area 17: (a) This area is considered a key link in the internal sidewalk system and the existing network of paved walking paths, as such a raised crosswalk will be constructed, subject to County and VDOT approval, to calm traffic and to help provide a safe pedestrian road crossing. (b) The raised crosswalk shall be designed in general conformance with the accepted standards for a speed hump or textured crosswalk and installed during construction of the loop road. Area 18: (a) May be any mix of SFD /SFA/TH Lots. (b) Lots shall be read loaded from private road or alley. Area 19: (a) This central green will be designed as the primary public space for the neighborhood and shall be approximately 0.9 acres. (b) Sidewalks or paved walking paths shall be provided along all 4 sides. (c) Bench seating shall be provided at a minimum of 4 locations. (d) At the Owners discretion, and subject to County approval, parking areas, lighting, and landscaping may be constructed within this common area. 12 Area 20: (a) This area is considered a key link in the intemal sidewalk system and the existing network of paved walking paths, - as such a raised crosswalk will be constructed, subject to County and VDOT approval, to calm traffic and to help provide a safe pedestrian road crossing. (b) The raised crosswalk shall be designed in general conformance with the accepted standards for a speed hump or textured crosswalk and installed during construction of the loop road. Area 21: - -- - — - (a) May be any mix of SFD /SFAITH Lots. (b) Lots shall be rear loaded from private road or alley. - - - - - - - - - - Area 22: (a) May be any mix of SFD /SFAITH Lots. (b) Lots shall be rear loaded from private road or alley. Area 23: (a) This interior park will be designed to provide a buffer between the alleys and shall be approximately 0.5 acres. (b) At the Owners discretion, and subject to County approval, parking areas, a tot lot and landscaping may be constructed within this common area. Area 24: (a) This area is considered a key link in the internal sidewalk system and the existing network of paved walking paths, as such a raised crosswalk will be constructed, subject to County and VDOT approval, to calm traffic and to help provide a safe pedestrian road crossing. (b) The raised crosswalk shall be designed in general conformance with the accepted standards for a speed hump or textured crosswalk and installed during construction of the loop road. 13 February 24, 1999 Hollymead Dam Mr. Glenn Brooks Dept. of Engineering 401 McIntire Road Charlottesville, VA. 22902 Dear Mr. Brooks: With reference to your December 14, 1998 letter regarding the adequacy of the Hollymead Dam, we have the following comments: 1) There were several items that had been of concern, as follows: a), No spillway. b) No antiseep collars. c) .Trees on earthen dam. d) Rip -rap along water line. It appears that all of these except "d" have been addressed and we would recommend that the rip -rap be placed. We are attaching a copy of an Agreement Proposal for use as noted in Item #7 of criteria needed for dams in Subdivision Street Requirements 24 VAC -30 -90 -250. Again, I call your attention to the seven (7) items to be addressed for eligibility of road to be maintained and accepted into the Secondary System. 24 VAC -30 -90 -250 (Page 23 of Subdivision Street Requirements) . We will accept maintenance of roadway only when these have been completed. If you have any questions, please advise. HWM /ldw CC: J. H. Kesterson ' Y s �rul ,, W. Nei s Assistant Resident Engineer TRANSPORTATION FOR THE 21 ST CENTURY FrEB 2 5 1999 r n j2n.=mr, & i ut-Lic Wo ics bythe turnaround de; .. Any nontraveled way areas included ...chin turnarounds, such as islands, shall be included in the dedicated right -of -way of the facility. For circular turnarounds, a well- defined, identifiable street segment shall extend from the intersected street to the beginning of the radial portion of the turnaround. The length of this segment shall equal the normal lot width along the intersected street which serves the cul-de -sac. A minimum radius, measured to the edge of pavement or face of curb, of 30 feet {9m} shalI be used for circular turnarounds on residential cul-de -sac streets planned to serve 25 or fewer dweIIing units. For circular turnarounds on all other residential cul-de -sac streets, as well as any nonresidential cul- de-sac street, a minimum pavement radius of 45 (13.5m) feet shall be used. 24 VAC 30-90 -250. Dams. -- Subdivision streets which cross a dam may be eligible for acceptance into the secondary system of state highways subject to the following criteria: 1. The right of way across the dam is recorded as either an easement for public road purposes or is dedicated specifically to the governing body. Right of way that includes a dam and which is dedicated in the name of the Commonwealth or any of its agencies is not acceptable and roads through such right of way will not be accepted as a part of the secondary system of state highways. 2. An appropriate alternate roadway facility for public ingress and egress, with suitable provisions to assure its perpetual maintenance, is provided. 3. An engineer, licensed to practice in the Commonwealth of Virginia, certifies that the dam's hydraulic and =ctural design is in accordance with current national engineering practice. 4. Applicable federal and state permits must be secured prior to VDOT acceptance of the street. 5. Protection of the roadway from inundation shall be provided as herein prescribed by these requirements. Flow of water over the roadway is not acceptable as an emergency spillway. 6. VDOT maintenance responsibilities shall be limited to the roadway surface and related elements. The maintenance of the dam shall be the responsibility of the owner, other than VDOT, as established by § 33.1 -176 of the Code of Virginia. 7. The governing body shall provide the department with an acceptable agreement, which acknowledges the department's liability is limited to the maintenance of the roadway and its related elements and that the department has no responsibility or liability due to the presence of the dam. 23 SRO 311193 COUNTY -STATE AGREE24ENT FOR - �AI�C°E OF A ROAD OVER A DAM - THIS AGREEMENT FOR MAINTENANCE OF.A ROAD OVER A DAM, made the day of , 19 , by and between County, party of the first part (hereafter ° County °) ;'and the - COMMONWEALTH OF VIRGINIA, DEPARTMENT. OF TRANSPORTATION, party of the second part (hereafter *Department'); - WHEREAST- the - -Cou - - — - _ - - -- my approved plans —for a subdivision that is shown on a plat entitled which was recorded on in plat book paQe - _, - - - in the Clerk's Office of the C,arcuit Court, a copy of which is incorporated herein as Exhibit A; WHEREAS said plat shows areas dedicated to the public, including-an area reserved for the construction of a dam, that will retain a body. of rater referred to as \. and over which a road named _ — is to be or has been constructed; _- WHEREAS, the road over the dam is the singular public route of access to real estate and improvements beyond the dam, the County has provided for an acceptable and perpetually maintained means of alternative access to said improvements in the event the road over the dam becomes impassable, as established. in and by an attachment to this agreement entitled which is incorporated herein by reference, which arrangements may expire at such time said properties are otherwise'connected to the State system of broads. (Dd*(e parmWsph 1Y jmdtw mccua vX:gta th4r /a star® mmt ? a red 4fid ewe not era& o damd r WHEREAS, in accordance with the Code of Virginia. Section 15.1 -478, recording the described plat transfers to the County, in fee simple, all portions set apart for streets, alleys, and areas for public use; and WHEREAS, the County will Petition the Department to maintain the roadway crossing the dam as a part of the Secondary System of State Highways. NOW, THEREFORE, THIS AGREEMENT FOR MAINTENANCE WITNESSETH: In consideration of the acceptance of this Agreement by the parties hereto; and In consideration of the County's request that the roadway over the dam be maintained as a part of the Secondary System of State Highways; and In consideration of the Department's acceptance of responsibility to maintain the roadway facility (as defined herein) over the dam; The parties hereto agree: 1. The roadway facility. constructed over the dam is defined as the pavement base and surface courses., the houlders, the roadway drainage facilities and the guard rails. Z. The County agrees that the Department will have all rights necessary to maintain the roadway, including access to the dam and surrounding areas. Page 25 SRO 2ti/93 3. The County agrees the Department has no obli anon B to gala r"La rn, reparr or replace ire . dam, and no .liability for damages resulting from the darn or its failure- and agrees it, will not seek indemnification or contribution f m VD ®T to correct any damages arising from improper maintenance or construction of the dam. 4. The County agrees the the exp'enditure of State funds 0 rnairttain the roadway shall not obligate -the State 'to maintain or reconstruct the darn or to. correct any damages - -- - - - -- - causrrd= by = the = dam =oc- its = failur®: 5. The County .age ._t. -notify- t!t ®- Residewt Ehgihar f®r -- YPi® Depirrm ®nt, of any detrimental -- condition associated with the dam reported by any source, and of the plans, schedule and parties responsible. for correcting of the condition. 6. The Courtly agrees that all work-to the dam *will be conducted in a manner tkm minimizes interference with the.flow of traffic and the rights of the Department. 7. The County agrees that drainage of water from the roadway to the lake, and other areas not specifically named herein, is an elernent of maintaining the roadway and damages resulting from that drainage shall not obligate the State in any way. >3. By exacutirig this Agreement, the. County certifies that it has reviewed and filed the plans and specifications for the darn, including appurtenances, and that the design conforms to prevailing engineering principles applicable to the design of dams. 9. By executing this Agreement, the County certf'es that the construction o of. the dam and its appurtenances, have been • inspected by o¢ an for the County, d that the construction fully complies with the approved plans and specifications. 10. The Department agrees that the County. shall have accass to the roadway to maintain, repair, or replace the darn, subject to reasonable notice to the Resident. Engineer. 11. The Department agrm that responsibility to maintain the midway will become effective on the date the roadway ' is accepted for maintenance as part of the Secondary System of State Highways. 12. The Commonwealth Transportation Board, in the sole opinion and determination of the Commonwealth Transportation Commissioner, may ,discontinue maintenan= f u �: roadway over the dam if the condition of the dam threatens the integrity of the roadway or the ordinary and regular travel over the roadway, or in the event that maintenance and repair of the roadway becomes impractical. Maintenance of the roadway may come on the data of such determination. 13. The Commonwealth Transportation Commissioner may close the road over the darn as the Commissioner deems necessary for the safety of the traveling public. or for proper completion of work.' Wirtness the following signatures and seals: By: (Name and Title] Pape 26 County --------- COhi4MOQVWEA °LTf -i =OF= VIRGINIA; C- 0`UNTY -O'F - - -- to -wit: The foregoing instrument was acknowledged before me this day of by (Title) on behalf of the Board of Supervisors of County. t �• My commission expires: F - i NOTARY PUBLIC COMMONWEALTH OF VIRGINIA, CITY OF RICHMOND, to -wit: The foregoing instrument was acknowledged before me this day of by Commissioner on behalf of the Commonwealth of Virginia, Department of Transportation. 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