HomeMy WebLinkAboutSP200000069 Approval - County 2001-06-20
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COUNTY OF ALBEMARLE
Department of Planning & Community Development
40 I Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4012
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July 16, 2001
Mike Fenner
The Cox Company
220 East High St
Charlottesville, VA 22902
RE: ZMA-OO-10 Avemore; SP-OO-69 Avemore and SP-OO-70 Avemore
Tax Map 788, Parcels 2A, 28, 48, 3-1 and 4-1 and Tax Map 78, Parcel 581
LETTER OF CORRECTION (Corrected Tax Map and Parcel Number)
Dear Mr. Fenner:
The Albemarle County Board of Supervisors, at its meeting on June 20, 2001, unanimously approved the
above-noted petitions. Please note that this approval is subject to the following:
. ZMA-OO-10 Avemore - Approved subject to proffers dated 6/19/01 and signed by Robert A. Hauser,
President (copy attached).
. SP-OO-69 A vemore - Approved subject to the following condition:
1. The professional office uses shall be limited, in combination with the retail stores and shops uses
allowed in SP-OQ-70, to not exceed 20,000 square feet.
. SP-OO-70 Avemore - Approved subject to the following conditions:
1. For the purposes of this Special Use Permit, retail stores and shops shall be defined as the
commercial uses listed below:
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and show shops,
3. Department store,
4. Drug store, pharmacy,
5. Florist,
6. Food and grocery stores, including such specialty shops as bakery, candy, milk
dispensary, and wine and cheese shops,
7. Furniture and home appliances (sales and service),
8. Hardware store,
9. Musical instruments,
10. Newsstands, magazines, pipe and tobacco shops,
11. Optical goods,
Page 2
July 16, 2001
12. Photographic goods,
13. Visual and audio appliances,
14. Sporting goods, and
15. Retail nurseries and greenhouses,
b. The following services and public establishments:
1. barber, beauty shops,
2. Churches, cemeteries,
3. Funeral homes,
4. Health spas,
5. Indoor theaters,
6. Laundries, dry cleaners,
7. Libraries, museums,
8. Nurseries, day care centers (reference 5.1.06),
9. Eating establishments,
10. Tailor, seamstress,
11. Medical center,
12. Indoor athletic facilities (added 9/15/93), and,
13. Farmers' market (reference 5.1.36, added 10/11/95).
In the event that the use, structure or activity for which this special use permit is issued shall not be
commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section,
the term "commenced" shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the issuance thereof which is
thereafter completed within one (1) year.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the
Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further
information, please call Jan Sprinkle at 296-5875.
If you should have any questions or comments regarding the above-noted action, please do not hesitate
to contact me.
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Since?).
v. Wayne ~
Director of Planning & Communi
Cc: Amelia McCulley
Jack Kelsey
Tex Weaver
Steve Allshouse
Bob Ball, VDOT
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COUNTY OF ALBEMARLE
Department of Planning&Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804)296- 5823
Fax(804)972-4012
July 9, 2001
Mike Fenner
The Cox Company
220 East High St
Charlottesville, VA 22902
RE ZMA-00-10 Avemore, SP-00-69 Avemore and SP-00-70 Avemore
Tax Map 78B, Parcels 2A, 2B, 4B, 3-1 and 4-1
Dear Mr. Fenner.
The Albemarle County Board of Supervisors, at its meeting on June 20, 2001, unanimously approved the
above-noted petitions. Please note that this approval is subject to the following.
• ZMA-00-10 Avemore -Approved subject to proffers dated 6/19/01 and signed by Robert A Hauser,
President (copy attached)
• SP-00-69 Avemore -Approved subject to the following condition.
1 The professional office uses shall be limited, in combination with the retail stores and shops uses
allowed in SP-00-70, to not exceed 20,000 square feet.
• SP-00-70 Avemore-Approved subject to the following conditions.
1 For the purposes of this Special Use Permit, retail stores and shops shall be defined as the
commercial uses listed below.
a The following retail sales and service establishments.
1 Antique, gift,jewelry, notion and craft shops,
2. Clothing, apparel and show shops,
3. Department store,
4 Drug store, pharmacy,
5. Florist,
6. Food and grocery stores, including such specialty shops as bakery, candy, milk
dispensary, and wine and cheese shops,
7 Furniture and home appliances (sales and service),
8. Hardware store,
9. Musical instruments,
10. Newsstands, magazines, pipe and tobacco shops,
11 Optical goods,
Page 2
July 9, 2001
12. Photographic goods,
13 Visual and audio appliances,
14. Sporting goods, and
15. Retail nurseries and greenhouses,
b The following services and public establishments.
1 barber, beauty shops,
2. Churches, cemeteries,
3. Funeral homes,
4. Health spas,
5. Indoor theaters,
6. Laundries, dry cleaners,
7. Libraries, museums,
8 Nurseries, day care centers (reference 5.1 06),
9. Eating establishments,
10 Tailor, seamstress,
11. Medical center,
12. Indoor athletic facilities (added 9/15/93), and,
13 Farmers' market(reference 5 1 36, added 10/11/95)
In the event that the use, structure or activity for which this special use permit is issued shall not be
commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section,
the term "commenced" shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the issuance thereof which is
thereafter completed within one (1) year.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the
Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further
information, please call Jan Sprinkle at 296-5875.
If you should have any questions or comments regarding the above-noted action, please do not hesitate
to contact me.
Sincerely,
0,
V. Wayne Ci berg ►
Director of P anning & Com nity De elopment
VWC/jcf
Cc Amelia McCulley
Jack Kelsey
Tex Weaver
Steve Allshouse
Bob Ball, VDOT
Original Proffer
Amended Proffer
(Amendment 4
PROFFER FORM
Date: June 19, 2001
ZMA#00-1 0
Tax Map and Parcel Number(s):TM78,Parcel 581,and TM 78 B, Parcels 2A,2B,4B, 3-1, and 4-1
27.46 Acres to be rezoned from R-10 to R-15
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent,hereby
voluntarily proffers the conditions listed below which shall be applied to the property, 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 request.
(1)See attached"Avemore Proffers" A through K, on pages 1-4.
Signatures of All Owners Printed Names of Owners Date
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Avemore Proffers
The applicant's objective with this development is to provide a compact, high-density residential
development with a variety of housing types and environmental and developmental amenities.
Facilities for appropriate and complementary professional and retail services will be located
within the development. With design features such as sidewalks, a central green, a community
clubhouse, walking trails and preservation of open space, the development is intended to be
sensitive to the natural characteristics of the site and to the surrounding areas, to provide an
improved level of amenities, and to promote economical and efficient land use and appropriate
and harmonious physical development, in order to accomplish a design in keeping with the goals
and objectives of the County's Comprehensive Plan. The development will be a premier
residential community and will reflect the applicant's commitment to providing high quality and
attractive architectural design.
In connection with the applicant's rezoning application, the following proffers are made:
A. The Conceptual Development Plan dated March 23. 2001, last revised May 10, 2001 (the
"Plan"), attached hereto as Exhibit A, is proffered. All improvements shown on the Plan
will be installed upon completion of all phases of construction. The character of the
development will be in general accord with the form and character that is suggested by
and is compatible with the proposed building elevations attached as the exhibits listed
below. Modifications to the elevations shown on the attached exhibits which are either
suggested by or required by the Albemarle County Architectural Review Board will be
deemed to be in "general accord."
Exhibit B "Shops," dated 12-15-00
Exhibit C "Apartments," dated 12-15-00
Exhibit D "Garages," dated 12-15-00
Exhibit E "Townhomes," dated 12-15-00
Exhibit F "Clubhouse," dated 12-15-00
B. Commercial buildings will have two (2) street facades (each with at least one street-level
entrance), facing both Fontana Drive and the development.
C. In satisfaction of the recreation facility requirements set forth in Section 4.16 of the
County Zoning Ordinance and in order to better meet the needs of the residents of
Avemore, the following amenities are proffered:
(1) The Village Green will be surrounded by a hedge. Large variety trees, 2.5 inches
in caliper or larger and of a species common to the area, will be located every 40
feet on center between the hedge and the travelway surrounding the Village
Green. There will be access points to the Village Green at each of the four
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corners, each of which will consist of one (1) gateway flanked by two (2) brick
corners. The hedge will be at least 24" high at planting, and the gates and brick
corners will be approximately 32" high. At least three (3) benches will be
provided in the Village Green. The Village Green improvements will be built in
conjunction with the construction of the townhouse section phase of the
development.
(2) In addition to the Village Green, outdoor recreation facilities will consist of at
least three (3) tot lots to be placed in the approximate locations shown on the Plan
[reference 4.16.2].
(3) The community clubhouse will contain an outdoor swimming pool, indoor fitness
center, community room, business center, and leasing and management office for
the development. At least two outdoor (2) picnic table and at least two (2)
outdoor gills will be provided in the area adjacent to the creek behind the
clubhouse.
The Director of Planning may determine that substitutions of recreation facilities are in
general accord with this proffer and in satisfaction of the minimum requirements of
Section 4.16.2.1.
D. The applicant agrees to participate in the development of a regional SWMJBMP facility
in lieu of any requirement that it develop on-site SWM/BMP facilities for the Avemore
development.
(1) The regional SWM/BMP facility will be designed and sized to provide a standing,
pool with a water quality volume equal to approximately 92,100 cubic feet at the
approximate location shown on the Plan.
(2) The regional SWM/BIVIP facility meeting the above design requirements shall
fulfill the Avemore development's requirement for stormwater quantity and
quality for all portions of the development draining to the facility. Any portion
not draining to the facility will have to meet the stormwater quantity and quality
requirements by means of a separate stormwater management plan.
(3) The regional SWM/BMP facility will be constructed by the applicant, at its initial
expense, during the first phase of Avemore construction, and will be completed
prior to the issuance of permits for additional phases.
(4) The engineering design of the regional SWM/BMP facility will be subject to final
engineering and site plan approval by Albemarle County's Department of
Engineering. The Department of Engineering will have the right to reduce the
design parameters outlined in this Item D if hydrology characteristics, hydraulic
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engineering, geotechnical engineering or topographic conditions dictate a
modified design.
(5) The proffer set forth in this Item D is contingent on the availability of contiguous
of site property and the cooperation of the owners of such of site property in
providing the necessary dedication of such property for the purposes of
construction and maintenance of the SWM/BMP facility. The off-site land will
be dedicated under terms satisfactory to the applicant and the County prior to
issuance of a grading permit for Avemore.
(6) In the event that the applicant determines that the regional SWM/BMP facility is
not feasible under the terms and conditions outlined in this Item D, the applicant
in its sole discretion shall have the right to construct on-site SWM/BMP
improvements to satisfy County water quality and water quantity requirements.
In such event, the proffers set forth in this Item D shall be null and void.
E. Applicant will acquire sufficient right-of-way, as determined by the County of Albemarle
Engineer, for a private, urban cross-section connector road that will be constructed to
VDOT Mountainous Terrain Standards. Such right-of-way will commence at the round-
about/parking area at the northeastern corner of the development, in the general area
shown on the Plan as "Reserved for Private Street Connection (24' Pavement
Maximum)," and will terminate at Olympia Drive. This right-of-way will be platted prior
to approval of a site plan for the Avemore development.
In conjunction with the construction of the phase closest to the area shown on the Plan as
"Reserved for Private Street Connection," the applicant will either construct the
connector road or bond with the County for the construction of the connector road. This
bond will be held until the completion of the connector road: provided. however, that if
Olympia Drive is not extended to a point where the connector road can be completed
within 15 years, the bond will be returned to the applicant, with interest.
F. Upon construction or widening of Fontana Drive, the applicant will construct a four foot
(4') wide, concrete sidewalk along Fontana Drive, between Avemore Boulevard and State
Route 20.
G. Internal walking paths will be five feet (5') wide and will be paved in asphalt.
H. Prior to site plan approval for phase 1 of Avemore, the applicant will dedicate to public
use an eight foot (8') wide right-of-way for the construction, maintenance and repair of a
sidewalk across Wilton Lots 16A, 16B, 17-1, 17-2 and 17-3, along the common boundary
of such lots with State Route 20.
The applicant will provide sufficient right-of-way in the area between Wilton Farm Road
and State Route 20 necessary to facilitate the construction of a second left-turn lane from
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Fontana Drive onto State Route 20, provided that such right-of-way will not create a
zoning violation for any existing improvements along the path of such new right-of-way.
This right-of-way will be provided at the time the Avemore road plan is approved by
Albemarle County.
J. The Open Space shown on the plan along the shared common boundary with lots 1
through 10, Fontana, Phase 1, will consist of(i) a forty foot (40') buffer which will not be
disturbed during construction and (ii) a seventy foot (70') building set back.
K. The applicant will contribute the lesser of(i) 50% of the cost of installing a traffic signal
at the intersection of Fontana. Drive and State Route 20 or (ii) $50,000, such sum to be
applied only to the cost of installing such traffic signal. If the County obtains full
funding for such traffic signal from other sources and the applicant is not required to
contribute toward the cost of such signal, the applicant agrees that its contribution may be
applied instead toward the portion of the Route 20 improvement project in the area
between Fontana Drive and U.S. Route 250. Such payment will be made by the applicant
at the later to occur of (x) the installation of such traffic signal (or installation of the
Route 20 improvements, as the case may be) or (y) the issuance of the first building
permit for the Avemore development.
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