HomeMy WebLinkAboutSUB200800213 Legacy Document 2008-10-162- � A
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB 2008 -213 Jefferson
Staff: Gerald Ga[obu, Senior Planner, Amy
Ridge (Phase C)
Pflaum, Senior Engineer
Planning Commission Public Hearing:
Board of Supervisors Hearing:
October 21, 2008.
Not Applicable
Owners: Southern Pines Investment, LLC
Applicant:: Southern Pines Investment, LLC
c \o Trac M Meader
Acreage: '184.868 acres.
Rezone from: Not applicable
Spacial Usa Permit for: Not applicable
TM P: Tax Map '124 parcel 2
By -right use: Rural Area
Location: Jefferson Mill Road [Route #6t8]
approximat¢ly 2.4 miles southwest of the
intersection with Roliings Road [Route #620].
Maglstarial District Scottsville
Proffers /Conditions: Not applicable
Requested # of Dwelling UnHa /Lots:
OA RA X
Fourteen (14) Development lots one (t )
preservation tract.
Comp. Plan �eslgnatlo n: Rural Area in
Proposal: Request for prelim {nary plat
Rural Ar¢a 4
approval to create a total of 1 S lots (14
development lots and one (1) preservation
tract) as a Rural Preservation Uavelopment
Character of Property: Tha site is mostly
Use of Surrounding Properties:
wooded with no buildings. Briery Creek enters
Residential /Single Family Homes
the property from the south. Thar¢ is flood
plain and water protection ordinance buffers
along Briery Creek_
Factors Favorable:
Factors Unfavorable:
Consistent with the criteria in Section 10.3.3
None identified.
for granting approval of Rural Preservation
Development.
RECOMMEN UATION: royal with condl[fons.
STAFF PE RSONc Gerald Gatobu, Amy Ptlaum
PLANNING COMMISSION October 21 "`, 2008
AGENDA TITLE SUB 2008 -212: Jefferson Ridge Phase C
PROPERTY OWNER Southern Pines Investments LLC
APPLICANT Southern Pines Investments LLC'
PROPOSAL:
Request Ra preliminary subdivision pl aC approval to create 15 lots (]4 development lots and one (1 )
pre >servation tract) as a Rural Preservation Ocvclopm eat on 1 84 -8(8 acres. The property, described as Tax Map
124 parcel 2 is locuteal in the Scottsville Magi s[eri al District on Jefferson Mill Road (Route #b18j
approximately 2.4 miles soutfiwest of the intersection with Rollings Road [Route # 62U].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Area in Rural Area 4.
CIIARA CTER OF AREA:
"fhe site is mostly wooded with no buildings- Briery Creek enters the property from the south- Thcrc is tlood
plain and water protection bufters along Briery Creek. Surrounding properties are rural residential single family
homes-
PLANNING ANO 7.ON[NG HISTORY:
A boundary line udj us[ment (SU B2006 -260) was approved on October 1 T" 2006. Woodridge Phase C (SL:B
2006 -206), A rural preservation developmcnq went before the planning commission in Octabcr 24 °i 2006
and w'as approved with conditions, A final subdivision plat was not submitted within a year, so
preliminary subdivision plat approval expired, The must current change in planning and zoning history is the
denial of (SUB 2007 -357) Woodridge phase A, B, and C, tlnal subdivision plat. Statt determined that the
submitted final plat did not satisfy preliminary site plan approval conditions, tfierefore, preli urinary plsst
approval ti>r phases A, B, and Cexpired- The submitted final plat (SUB 2007 -357) was invulid-
A letter of dctennina[ion and parcels, written by John Shepherd, dated February 1 5's 2005, provides detailed
planning and zoning history with descriptions of acreage, division rights and ownership changes that have
occurred on all parua -ls involved in the Jcftersc n Ridge Rural Preservation Development (Attachment C), The
property was previously owned by Rivcro ak Timberland Investments LP and has since- been purchased by
Southern Pines Inv es[ment LLC.
REASON FOR PLANNING COMMISSION RE V7EW:
Previous preliminary subdivision plat approval (with conditions) granted on October 24ih 2006 by the
planning commission expired. Approval of tl>c 15 ]ot Rural Preservation Development application reyuires
Planning Commission approval in accordance with Section 103.3 of the Albemarle County Zoning Ordinanec-
STAFF COMMENT:
The proposed rural preservation development is consistent with the criteria in Section 1033 of the Albemarle
County zoning ordinance for granting approval ofa Rural Preservation Development- Staff recommends
approval with conditions.
Code qj'A /bamar /e:
The proposal meets this standard
i. No /hir;� eva/c•c/ heroin slrull be deerrrc'd m ubligulc• /h c• conxmi.rs'ion ro approve a rzrr-a/ pr-cservcVinn
Jc•vr /upnuort upon jindirrq iu a pur/ieu/m- cure• /hat such prooposa/ does na/ Jbrrrard /hc pw�n�s¢•s oj�ruru/
pra.rcr -+r+ /ion dove %npnrco r/ u.c .cr/_jor /h herein oho vc• and /hu/ /he public par �>ose /o be served tone dc/ be c yud /!y
or bettor served by corrvon /iona! da>•e /uprravxt.
The proposed Rural Preservation Deve]opment would he much snore eftective at protecting resources nn this
site than would a conventional devaaopmen[.
S cctiun 10.3.3.3:
❑> addition to the requirements of Section 10 -3.32. Spacial Provisions listed in Section 10.3.3.3 also apply to all
Rural Preservation Development proposals. Current Development Planning and Zoning staft including the Site
Review Committee have rcviewa>d [he criteria listed [herein, and have concluded [hat this dev elopmc:nt proposal
meets all Spcci al Provision reyuiremants. Additia >nnlly. shrtl bas also reviewed a propose) u+nv cntional
development on the same property and has found shut the proposed Rural Preservation Devclopm ens would be
morn efrective at protecting resuuroes un this site th:u> would a ca >nvcntional development.
RECD MMEN DAT70N:
Them arc no changes to the previously approved subdivision plat For phase C. Staff has reviewed the
proposed rural preservation develupm ant and token into cu nsidera[ion the criteria rcyuircd for granting approval of
rural preservation developments tixmd in Section 10.3.3 of the Albemarle County Zoning Ordinance. The
proposed Jefferson Ridge Phase C rural preservation development plat is consi stmt with the criteria fr�und in
Section 10 -3.3- Stagrca:nmmcnds approval with conditions -
Factors k'avu mk>le to un orov ul:
'Fhis proposal addresses all the concerns /criteria in Sections 10.3.3.2 avd 10.3.3.3 of the 7_oning Ordinance,
which pertain to the design standards f7>r Rural Prescry ration Development proposals. The proposed 12 oral
Preservation Development would be more effective at protecting resources on this site than would a
conventional development.
There are no changes to the previously approved subdivision plat Tor phase C. Staff kinds that this reyucst.
J a:fferson Ridge Phase C rural preservation development subdivision plat, is consistent with the criteria tinrnd in
SeMion 1 0.3.3 fbr granting approval of Rura] Preservation Developments. S[af3'recommends planning
cenn mission approval. If the planning commission approves the request, condilio ns recommended arc listed
below
COND]T70NS RECOMMENDED:
1 . The plat mhall be subj cct to the rey uircntcnts of Section 14 -303 (Contents of final plat), as identi tied on
the "Final Subdivision Checklist" which is available from [he Department of Planning and Community
Development;
2. All State and Federal permits arc req aired prior to Fnal approval including buT rant limited to, Army
Corps of Engineers approval fur impounding S[ule Waters.
3. Mitigation plans will bc- rcyuircd for the stream buffer dis[urbancw prior to final approval.
4. V DOT approval for pre posed Slate maintenance is rey aired.
5. Prior to final plat submittal, address all minimum requirements From dte Design Standards Manual and
W star Protection Ordinance -
G. Road name approval by 5 -91 1 review Y'ur all proposed roads.
REVIEW OF' KEOUES'I' F'OR Rl1RAL PRESERVATION UEV ELOPM ENT OPTION:
�isamsion -Rural Preservation Crilcria:
Section 10.3.3.2:
Stat£has ind uded the; provisions of Section 103.3.2 (in italics). along with Rural Areas Senior Planner Scott
Clark's comment on the various provisions:
7 /xc ruru/ prescr-ratiun Jevelopmm�l uplion Ls intended to c- ncouruga morn cJ /�'cti va fund usage in Ic•rnzs q /�lhc
goals and ohjccrivrs j <r Ihc• rural m-c as us set forth hx the comprehvnsi ne pfmx Ihmx curx ha achieved under
con vc- ntionul rtes rclopmcnt. Trr this cvzd. appliculiorx Jar rzu�a! preservuti wx dcvelopmanl shat! by revic•>vod Jb r.
u. Prc•sarvn /ion ui- crgricuRura/ uncf_ /o testa/ /ands crud cacti vibes:
h. Wu K•r supply pt umc /inn: uzxd /or
c. Cnnscr ^vution a /nunrral..rcanic nr historic resaarcc -s.
More spaci /icu! /v. in accordmzce es�i t/x dcsrgsz stundm-ds r� /'[ /ze comproherssive p /un and se /acrr dc•cnsed
rcusorzal /v practicer! /w t /rc conxmissinn:
d. Uc•re ° /opnrc »n /o LC .cha!/ rsnJ encroach into prime -, importmrt r>r unique ugNCUlluru/ or ja-estu /! suels as Ihc
same situ!! ha shown on t /xc mull r< °vent puh /is /tc+d mops u/ the C/nitc•d Stulc•s Ueyurtnxenl y /:Agrioerhe n-u! Soil
Consu, atiun Ser-vi cc• or otfa cr source dcenzed ql eytei s•u /ezu rc /iabi /it?, bti the Soi! Cunscz- >,urion Sorvicc•;
High- quality agricultural soils are found throughout dtese parcels; it is impossible R�r a development on this
pre perty to avoid encroaching on t}tem. However, [he proposed pt'eservation tracts would protect significant
areas o£those soils. They would also help to protect soils important ft>r �+row[h o£ sycamore and black walnut on
the stmams where hardwood butlers were Icft after previous timbering and conversion of the land to pine
plantations. Please sec comments bcl<>w under (e) that would improve conservation of these soils.
c. Uovc /opme•m lu is shalt nor encroach izuo m-cus q/�criticu /slopes or- /loess! plain and shall he e'rtucued us far us
possi hlr Ji-am puGlic drinking xruter supp /v U-i beeturius and perhlic drinkfrzg water supply inzpur uzdnu•rx LS:
The preservation tracts protect most of [ktc important critical slopes on this land. All o£the floc dpl sin would be
included in tl>e preservation tracts.
No drinking -water impoundments lie downstream.
j: Ucvc•lupmc•nt lots shut! be .ro situated eznef urv�aaged as [o pr ^oserve hi_croric mad scenic• settings deemed ro he o/'
inzportonee to Ihc gcmcrul puh /ic one! rzcrtru-u! rasosn-m areas »dverthvz -such /catur-es are on the pares! m ba
cfrvcloped or- ucf %uce•nt ro ssech pcu-ec•!:
Our mapping of historic sites do cs no[ show historic resources in this area.
g. Ucre/aprzzent /ozs she /! be con/inad to on¢ m-eu o /'Ihc• pores! and she[! be sftuutcd so t /xat no portion a /'tits
rata! presc nrution U'ucr shall irztrudc he tz+'ecn ur>_v cfcvc /opnzvnt lots:
'fhc proposal meets this standard.
!x. A!! devvlopnxcnt /ots e� /za!! /zave access z -es n-icted
Ia mx irxtervxa!
street in accor-darzce »'ith Chup2�r J4
q /'!he
7. VDOT uppro vul for all public roads and entrances. Submittal of toad and drainage plans including
drainage calculations. Impm vcanents to the intersections / connccticns to rte. 61 H. Subdivision plans
need ta> be designed in accord once with VOOT's current Subdivision Strcct Rcyuircmrnts and the Road
Design Manual All com mcrci al entrances and street connections must meet the minimum req uircments
as described in the Minimum Standards of Entrances to State Highways.
8. Submissic n of a tinal 'Ti cr Ill Groundwater Assessment prior Io {nal subdivision plat approval fi r phase
C.
9. Health Department approval for drainFalds.
1 O. Public Recmational Facilities Authority acceptance of easement ti>r presetvation lot.
I I . Ensure bridges and stream crossings era designed to carry the load of tire apparatus (Virginia Statewide
Fire PrevenTion Code 5031.6).
13. Stream buffers must be shown correctly before final subdivision plat approval can he granted.
13. Provide contirrnution that coordination has taken place with VEPCO and AEPC for grading,
construction, and improvements proposed within their esssemen[s.
Attachments•
A - Aerial Map
B - Prelitninary Subdivision Plan
C - Letter o£ Determination and Parcels
D - October 24 °' 2006 Planning Commission Approval Letter for Woodridge Phases A, B, and C
E - Minutes from October 24 °' 2006 Planning Commission meeting for Woadridge Phases A, B, and C
(SUB 200C>- 204,205, and 206)
i(�
Attachment A
JEFFERSON RIDGE.* PHASE C_
ALBEMARLE COUNTY, VIRGINIA
RURAL PRESERVATION DEVELOPMENTS: PRELIMINARY PLATS
PLAN NOTES:
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LEGEND
VICINITY MAP
i 2000'
PREPARED BY
bent Ifee design
IANGSCAPE ARCHITECTURE, ENGINEERING N PLANNING
1201 SEONET RIDGE RD.. SUITE I
QiMLOTT6 LLE V GININ 22902
PR 43F220.BSI F/ 4342262553
DATE: 8.25.08
PROJECT DATA:
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Attachment C
COUNTI- OF : \L13F hl: \RI. F.
I�cpartment of Community I)cvclopmcnt
1111 M1lc lntirc 12ovd, Roum 229
C4arlottnevillc, \'irxiniv _29112 -1546
PI[one (1311296 -SM32 Fax f1i1/972 -1126
February 15, 2005
Thomas B. Lincoln
671 Berkmar Circle
Charlottesville, VA 2290'1
RE: OFFICIAL DETERMINATION OF DEVELOPMENT R /GHTS AND PARCELS- Taz
Map '1'15, Parcels 13 8 14 and Taz Map '124, Parcels 1, 2, 5, 6, S 7 (Property of
Rive roal3 Timberland Investments LP) Se ciion 10.3.'1
Dear Mr. Lincoln:
The County Attorney and I have reviewed the title information for the above -noted
property. It is the County Attorney's advisory opinion and my official determinatlon that
Tax Map 115. Parcel 13 is a separate parcel with two (2) development rights. Tax Map
� � 5, Parcel 14 is a separate parcel with five (5) development rights. Tax Map '124,
Parcel 1 is a separate parcel with zero (0) development rights. Tax Map 124, Parcel 2 is
a separate parcel with five (5) development rights. Tax Map 124, Parcel 5 is a separate
parcel with five (5) development rights. Tax Map 124, Parcel 6 is a separate parcel with
five (5) development rights. Tax Map 124, Parcel 7 is a separate parcel with five (5)
development rights. The basis for this determination is summarized as follows:
TM -P
Acreage
Division rights for 21
acre minimum
arcels
Development rights
T.M.
1 1 5—
1 3
32.246
1
2
T.M.
115 —
14
100
4
5
T.M.
124
-1
96.630
4
O
T.M.
124
— 2
50.00
1
5
T. M.
1 24
— 5
1 1 4.5
4
5
T.M.
124
-6
149.D0
6
5
T.M.
1 24
— 7
1 05.26
4
5
Total
24
27
C \DEPT \BCZS��e[ermin ut PatceP.t tv -t 3 8 t 9 i 24 -t 8 2 8 5 8 6 8 P Riva,ank.tloc
h
Thomas B. Lincoln
February 15, 2005
Page 2
Tax Mao '115. Parcel 13
Attachment C
Our records indicate Tax Map 115, Parcel 13 contains 32.246 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1886, page 291.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 1 O, 1980 is recorded in Deed Book Dead Book 657, page 799
and is dated October 23, 1978. This deed conveyed 61.344 acres from W. M_ Spradlin
to Milton S. Smith and Julia C_ Smith. The property is described as a portion of the
property conveyed to [he Grantor by the deed recorded in Deed Book 258, page 500.
The property is designated as Lot 1 on a plat by Robert L. Lum dated October 1 O, 1978.
Based on this dead, this 61.344 -acre parc¢I is determined to be a parcel of record
with five (5) theoretical development rights.
Dead BooK 1038, page 722, dated March 16, 1989, conveyed 61.344 acres from Milton
S. Smith and Julia C. Smith to Joseph A. Black and James R. Wilson. The property is
further described as being the same property in all respects as was conveyed by the
deed of record in Deed Book 657, page 799. This transaction had no aff¢ct on th¢
1¢gal status or development rights of the parc¢I.
Deed Book 1616, page 532, dated June 4, 1997, conveyed 32.246 acres from Joseph
A. Black and James R. Wllson to Joseph A. Black. The property is shown on a plat by
Robert L. Lum, dated Apol 1 O, 1996 that shows the subdivision of Tax Map 115, Parcel
13. The subject property is designated as Lot 1A containing 32.246 acres. The plat
notes that Parcel 1A can be further divided into 3 lots provided that 1 lot is at least 21
acres. On th¢ basis of this transaction, Parc¢I 13 contains 32.246 acres and two
(2) davalopm¢nt rights.
Deed Book 1798, page 512, dated February 5, 1999, contains a Dead of Exchange
between Bear Island Timberlands Company. L.L.C. and Joseph A. Black. As a part of
this transaction, Bear Island Timberlands L.L.C. acquired the 32.246 -acre parcel
conveyed to Joseph A. Black by the deed of record in Dead Book 1616, page 532. This
transaction had no aff¢ct on the legal status or development rights of the parc¢I.
Deed Book 1874, page 667, dated October 21, 1999, conveyed 11 tracts from Bear
Island Timberlands L.L.C. to Virginia Forest Investments, LLC. Among these is Tract
AB -039, conveyed to Joe Black by the deed recorded in Deed Book 1 798, page 512.
This transaction had no aff¢ct on ih¢ legal status or development rights of the
parcel.
Deed Book 1886, page 291 , dated January 7, 2000, conveyed 1 3 tracts from Virginia
Forest Investments, L.L.C. to Riveroak Timberland Investments, LP. Among these is
Tract AB -039 (Joe Black), descnbed as containing 32.246 acres as shown on the plat
I: \IJEPTBCZS \�atarmin of PemaPt 15 -t3 S t4 129 -t & 2 8 5 8 6 8 1 Rivaroak.tloc
\�
Thomas B. Lincoln
February 15, 2005
Page 3
A tlachm¢n[ C'
recorded in Deed Book 16'16, page 534. This transaction had no effect on the legal
status or development rights of the parcel.
Tax Map 115. Parcel 14
Our records indicate Tax Map 11 5. Parcel 14 contains 100 acres and no dwellings. The
property is not in an Agricultural Forestal District. The most recent deed for this property
is recorded in Deed Book 1886, page 291.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 1 O, 1980 is recorded in Deed Book Deed Book 308, page 413
and is dated December 1 7', 1953. This deed conveyed 100 acres from John Golding
and Nellie Irene Golding to Continental Can Company, Inc. The property is designated
as Lot 3 on a plat of survey by Carroll Gillispie, C.L. S, made on the 1�', 2nd and 3'd days
of December , 1953, a copy of which is attached. On the basis of this deed, Tax Map
115, Parcel 14, is determined to b¢ a parcel of record with five (5) theoretical
development rights.
Deed Book 914, page 698, dated December 8, 1986, conveyed several tracts from KMI
Continental Woodlands (Virginia). Inc. to Bear Island Timberlands Company, L.P.
Among these parcels was the 100 -acre parcel conveyed by the deed of record in Deed
Book 308, page 413. This transaction had no effect on the legal status or
development rights of the pa rc¢I.
Deed Book 1874. page 667, dated November 19, 1999, conveyed 11 parcels from Bear
Island Timberlands Company. L.L.C. to Virginia Forest Investments, LLC. Among these
parcels was the tract acquired from John Goldings by the deed of record in Deed Book
308, page 413. This transaction had no affect on the legal status or development
rights of the parcel.
Deed Book 1886, page 291 , dated January 7, 2000, conveyed 13 tracts from Virginia
Forest Investments, LLC to Riveroak Timberland Investments, LP. Among these is Tract
AB -016 (John Goldings) described as containing 100 acres as shown on the plat by
Carroll Gillis pie, C.L.S., recorded in Deed Book 308, page 413. This transaction had
no effect on the legal status or development rights of the parcel.
Tax Mao 124. Parcel 1
Our records indicate Tax Map 124, Parcel 1 contains 96.630 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1886, page 291.
This analysis begins with the deed of taco rd in Deed Book 137, page 472 that is dated
July 14, 1908. This deed conveyed 323 acres from W. G. Farish to W. E. Carter and J.
1. Carter. The property is shown on a plat dated July, 1908 made by Hugh F. Simms,
f�DEPT.BCZS�Datermm of Parce1�115 -t3 8 t4 t 24 -� & 2 8 5 6 6 8 9 13iberoak.doc -
�v
Thomas B. Lincoln
February 15, 2005
Page 4
Attach m¢nt C
Deputy for John T_ E. Simms, S. A. C. The plat shows that the parcel was situated on
both sides of the Woodridge &Scottsville Road.
Deed Book 324, page 1 , dated May 11 , 1956, conveyed, at auction, a tract from George
Giimar, Commissioner to Continental Timberlands Corporation. The property is
described as being that acquired by W. G. Farish by the dead of record in Daed BooK
'137. Page 472.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 1 O, 1980 is recorded in Deed Book 398, page 213 and is dated
March 20, 1964. This deed conveyed 0.53 acres from Continental Can Company, Inc. to
the Commonwealth of Virginia. The land is described as being a portion of the lands
acquired from the Grantor by the deed recorded in Dead Book 324, page 1. As a result
of this transaction Parcel 7, contained 322.47 acres. On the basis of this deed is
determined that this 322.47 -acre [ract is a record with £va (5) development rights.
Deed Book 914, page 698, dated December 8, 1986, conveyed several tracts from KM
Continental Woodlands (Virginia), Inc. to Bear Island Timberlands Company, L.P.
Among these parcels was the 323 -acre parcel conveyed by the deed of record in Deed
Book 137, page 472. This transaction had no affect on the legal status or
development rights of Tax Map 124, Parcel 1 _
Deed Book 1108, page 152 contains a Certificate of Plat. The plat by Roger W. Ray,
dated May 14, 1990 and approved on Juna 15, 1990 divided the portion of Tax Map
124, Parcel 1 located on [ha western side of 618 into 6 lots. Thasa are now designated
as Parcels 11 B, 11 C, 1 � D, 11 E, 11 F and 11 G on Tax Map 115. The plat noted that Lots
1 thru 6 may not be further divided. The plat also noted that the residue parcel lying
Southeast of St. Rt. 6'18 may be further divided into 5 lots less than 21 acres each.
These 1 O development rights ware allocated in accord with Sanford v. Board of Zoning
Appeals of Albemarle County. That case heltl that nghts of way opa rated tc divide
parcels. At the time this subdivision was approved the property was treated as if it were
two separate parcels of record, divided by Route 618. These six lots on the westem
side of Route 618 are not included in the land that is the subject of this determination.
The acreage of the property located on the eastern side of Route 618 was not indicated
on the plat. As a result of this transaction, the residua of Parcel 1, located on the
east side of Routs B16 retained five development rights.
Deed Book 1661 , page 141 contains a Certificate, dated December 2, 1997, from the
State Corporation Commission that Bear Island Timberlands Company, L.P. was
converted to Bear Island Timberlands Company, L.L.C.
Deed Book 1761, page 178 contains a plat by Roger W. Ray C. Assoc., Inc_ dated
August 20, 1998, showing the creation of Lots 1 through 7, a portion of Tax Map 124,
Parcel 1 . These era now identified as Parcels 13E, 13F, 13G, 13H on Tax Map 115 antl
Parcels 1A and 18 on Tax Map 124. This plat used the five development rights of Tax
I: \pEPIIBCZS \Oetartnin of Parcel \t t5 -t 3& t4 t24 -t 8 2 8 5 8 6 8 7 Rivaroak.00c 1 \�
II
Thomas B. Lincoln
February 15, 2D05
Page 5
Attnch mcnt C
Map 724, Parcel 1. As a result of this transaction, the residue of Parcel 1 contained
745.96 acres and zero development rights.
Deed Book 1811 , page 461 contains a Certificate of plat dated April 26, 1999. The plat
by Roger W. Ray 8 Assoc., Inc. revised on March 25, 1999 shows the creation of Lot 8,
co nia fining 49.33 acres, a portion of Tax Map 124, Parcel 1 . No development rights were
conveyed to Lot 8. As a result of this transaction, the residue of Parcel 1 contained
96.63 acres and zero development rights.
Deed Book 7840, page 369 contains a plat by Roger W. Ray 8. Assoc., Inc. dated May
6, 7999, showing the creation of Lots 8 and SA, a portion of Tax Map 724, Parcel 1 .
These are now identified as Parcels 73J and 13J1 on Tax Map 715. These two parcels
utilized no development rights. This transaction had no effect on the legal status or
development rights of Parcel 1.
Deed Book 1874, page 667, dated November 19, 7999, conveyed 11 parcels from Bear
Island Timbe da nds Company, L.L.C. to Virginia Forest Investments, LLC. Among thee¢
parcels was the tract acquired from W. E. Carter and J. I. Gilmer by the deed of record
in Deed Book 137, page 472 LESS AND EXCEPT the 74 parcels described above on
the plats recorded in Deed Book 1108, page 152, Deed Book 1761, page 178 and Dead
Book 1840, page 369. This transaction had no effect on the I¢gal status or
development rights of Parc¢I 1.
Deed Book 1886, page 297, dated January 7, 2000, conveyed 13 tracts from Virginia
Forest Investments, LLC to Rivercak Timberland Investments, LP. Among these is Tract
AB -022 (Gilmer- Carter), described as containing 323 acres. This is the property shown
on the plat recorded in Deed Book 1 37. page 474, less and except the off - conveyances
described above. This transaction had no effect on the legal status or development
rights of Parcel 1.
Tax Mao 124. Parcel 2
Our records indicate Tax Map 124, Parcel 2 contains 50.000 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 7886, page 297.
The most recent dead for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 7980 is recorded in Deed Book Deed Book 308, page 473
and is dated December 17. 7953. This deed conveyed 700 acres from Jahn Golding
and Nellie Irene Golding to Continental Can Company, Inc. The property is shown on a
plat of survey by Carroll Gillispie, C.L.S. made on the 1a�, 2ntl and 3` days of December.
1953, a copy of which is attached. The plat also shows a tract containing 50 acres and
identified as the Liddie Wray Tract (now J. F. Hill). On the basis of this deed, Tax Map
124, Parcel 2, is determined to b¢ a parcel of record with five (5) development
rights.
L.�EPT \BGZS`.O¢[ennln o7 Parccl \t t 5 -13 S 14 124 -1 8 2$ 5 8 6 8 7 Rrv¢raak.doc
Thomas B. Lincoln
February 15, 2005
Page 6
At[achment C
Deed Book 914, page 698, dated December 8, 1986, conveyed several tracts from KMI
Continental Woodlands (Virginia). Inc. to Bear Island Timberlands Company, L.P.
Among these parcels was the 50 -acre paroel designated as the Liddie Wray Tract
acquired by John Golding and Nellie Irene Golding by the deed of record in Deed Book
308, page 413. This transaction had no affect on the legal status or development
rights of the parcel_
Deed Book 1874, page 667, dated November 19, 1999, conveyed 11 parcels from Bear
Island Timberlands Company, L_L.C. to Virginia Forest Investments, LLC. Among these
parcel was the tract designated as the Liddie Wray Tract acquired by John Golding and
Nellie Irene Golding by the deed of record in Dead Book 308, page 413_ This
transaction had no effect on the legal status or development rights of the parcel.
Deed Book 1886, page 291, dated January 7, 2000, conveyed 13 tracts from Virginia
Forest Investments, LLC to RiveroaK Timberland Investments. LP. Among these is Tract
AB -015 (Liddie Wray), described a5 containing 50 acres and as being the property
designated as "Liddie Wray Tract (now J. F. Hill) 50A." This transaction had no effect
on the legal status or development rights of the parcel.
Tax Mao 124. parcel 5
Our raco rds indicate Tax Map 124, Parcel 5 contains 114.50 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent deed for this
pro party is raco rded in Deed Book 1886, page 291.
The most recant deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 1 O. 1980 is recorded in Dead Book Deed Book 344, page 404
and is dated October 15, 1958. This deed conveyed 114.5 acres from K. E_ Jones and
Nettie F. Jonas to Continental Can Company, Inc. The property is shown on a plat by T.
W. and Paul Saunders dated September 1958 attached to this dead. On the basis of
this deed, Tax Map 124, Parcel 5, is determined to be a parcel of record with five
(5) development rights.
Dead Book 914, page 698, dated December 8. 1986, conveyed several tracts from KMI
Continental Woodlands (Virginia), Inc. to Bear Island Timberlands Company, L.P.
Among these parcels was the 114.5 -acre tract shown on the plat attached to the deed
recorded in Deed Book 344, page 404. Thls transaction had no effect on the legal
status or development rights of the parcel_
Dead Book 11374, page 667, dated November 19, 1999, conveyed 11 parcels from Bear
Island Tim barla nds Company, L.L.C. to Virginia Forest Investments, LLC. Among these
parcels was the 114.5 -acre tract shown on the plat attached to the deed recorded in
Dead Book 344, page 404. This transaction had no effect on the legal status or
development rights of the parcel.
r�
1: \OEPTBCZS \�e[arm In of Pamal \tls -l3 & t4 t24 -t & 2 8 5 S 8 & p Rlvafoalc.aoc
r3
Thomas B. Lincoln
February 15, 2005
Pages 7
Attachment C
Deed BooK 1886, page 291, dated January 7, 2000, conveyed 13 tracts from Virginia
Forest Investments, LLC to Riveroak Timberland Investments, LP. Among these is Tract
AB -029 (Jonas), described as containing 114.5 acres and as shown on the plat by T. W.
and Paul Saunders dated September 1958 attached to Deed Book 344, page 404. This
transaction had no effect on the legal status or development rights of the parcel.
Tax Mao 124, oarcel 6
Our records indicate Tax Map 124, Parcel 6 contains 149.00 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1886, page 291.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 1 O, 1980 is recorded in Deed Book 374, page 417 and is dated
December 18, 1961. This deed conveyed eight parcels from Bames Lumber
Corporation to Continental Can Company, Inc. Among these is Parcel A -4 (Polly Moon
Tract). It is described as containing 149 acres as shown on a plat by Carroll Gillispie
C.L.S., dated August 18, 1958, which is recorded on page 429 with this deed. It was
formerly described as containing 140 acres. On the basis of this dead, Tax Map 124,
Parcel 6, Is determined to ba a parcel of record with five (5) development rights.
Dead Book 914, page 698, dated Decam bar 8, 1986, conveyed several tracts from KMI
Continental Woodlands (Virginia), Inc. to Bear Island Timberlands Company, L. P_
Among these parcels was the 149 -acre tract shown on the plat attached to the deed
recorded in Dead Book 374, page 417. This transaction had no affect on the legal
status or development rights of the parcel.
Deed Book 1874, page 667, dated November 19, 1999, conveyed 11 parcels from Bear
Island Timberlands Company, L.L.C. to Virginia Forest Investments, LLC. Among these
parcels was the 149 -acre tract shown on the plat attached to the deed recorded in Deed
Book 374, page 417. This transaction had no affect on the legal status or
development righ[5 of the parcel.
Dead Book 1886, page 291, dated January 7, 2000, conveyed 13 tracts from Virginia
Forest Investments, LLC to Riveroak Timberland Investments, LP. Among these is Tract
AB -033 (games -Poiiy Moon), described as consisting of 149 acres as shown on the
Carroll Gillispie plat recorded in Deed Book 374, page 417. This transaction had no
effect on the legal status or development rights of the parcel.
Tax Mao 124. oarcal 7
Our records indicate Tax Map 124, Parcel 7 contains 105.26 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Daed Book 1886, page 291.
I: \OEPTBCZS \Oafamnin of Parcel \t t5 -t3 S t4 124 -t B 2 8 5 S 6 8 9 Rivamak.tloc �� °\
Thomas B. Lincoln
February 15, 2005
Page 8
Attacfimeat C
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 1 O, 1980 is recorded in Deed Book Deed Book 374, page 579
and is dated December 13, 1961. This dead conveyed 131.2 acres from William M.
Mayo and Mary L. Mayo to Continental Can Company, Inc. Tha property is shown on a
plat by Alan S. Tayloe, C.L.S., dated November 1961 that is recorded with this dead.
On the basis of this dead, Tax Map 121, Parc¢I 7, as shown on the Tayloe plat is
d¢t¢rminad to be a parcel of record.
Deed Book 914, page 698, dated December 8, 1986, conveyed several tracts from KMI
Continental Woodlands (Virginia), Inc. to Bear Island Timberlands Company, L.P.
Among these parcels was the131.2 -acre parcel shown on the plat by Alan S. Tayloe
attached to the deed of record recorded in Daed Book 374, page 579. This transaction
had no affect on the legal status or development rights of the parcel.
Dead Book 1839, page 293, dated June 4, 1999, conveyed 25.94 acres from Bear
island Timberlands Company, L.L.C. formedy Bear island Timberlands Company, L_P.
to Lillian J. Spradlin and Jeffrey E. Spradlin. The parcel is described as being a portion
of the same real estate conveyed by the deed recorded in Oaed Book 914, page 698.
The property is designated as Lot X on a plat by Rivanna Engineering and Surveying,
Inc., last revised on April 14, 1999. Tha plat notes there are 5 development rights
remaining with Parcel 7. No development rights are assigned to Lot X_ As a result of
this transaction Parcel 7 contained 105.26 acres and five (5) davalopm ant rights_
Deed Book 1874, page 667, dated November 19, 1999, conveyed 11 parcels from Bear
Island Timberlands Company, L.L.C. to Virginia Forest Investments, LLC. Among these
parcels was the131.2 -acre parcel shown on the plat by Alan S. Tayloe attached to the
dead of record recorded in Deed Book 374, page 579, LESS AND EXCEPT 25.94 acres
conveyed in Dead Book 1839, page 293. This transaction had no ¢ffect on the legal
status or d¢v¢lopm¢nt rights of the parcel_
Dead Book 1886, page 291 ,dated January 7, 200D, conveyed 13 tracts from Virginia
Forest Investments, LLC to Riveroak Timberland Investments, LP. Among these is Tract
AB -038 (W. M. Mayo). dascnbad as containing of 131.2 acres as shown on the Alan S.
Tayloe plat recorded in Deed Book 374, page 579. LESS AND EXCEPT 25.94 acres
conveyed in Deed Book 1839, page 293. This transaction had no affect on the legal
status or development rights of the parc¢I.
These parcels are entitled to the noted development rights if all other applicable
regulations can ba met. These development rights era theoretical in nature but do
represent the maximum number of lots containing less than twenty one acres allowed to
be created by right. In addition, the tracts may create as many parcels containing a
minimum of 21 acres as they have land to create_
1: \pEPT�a025 \�atatmin of ParcalN t5 -'13 8 l4 t24 -t 8 2 8 5 8 6& 7 Rlvarcah.COC c �/�
1 J
Thomas B. Lincoln
February 15, 2005
Page 9
A ttnchmcnt C
If you are aggrieved by this determination, you have a right to appeal it within thirty days
of the date notice of this determination is given, in accordance with Section '15.2 -2311 of
the Coda of Virginia. If you do not file a timely appeal, this determination shall be final
and una ppealable. An appeal shall be taken only by filing with the Zoning Administrator
and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of $'120.
The date notice of this determination was given is the same as the date of this letter.
If you have any questlo ns, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: Riveroak Timberland Investments LP
One Commerce Square Suite 2'100
Memphis, TN 38'103
Gay Garver, Real Estate Department
Reading Files
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RE: SUR 21111( -204 �V ood rid gc ( Phasu A)
Tx> Map 124 - Parcels 5 (part ol). 6 (Part of). 7 IPan oil:
SCR 2UU6 -2U5 Wnod ridge (Phase R)
'l�as Map 114 - Parcels 1 (part ot7- 3 (pan ot), 5 (part ot)- ( (part ofd, � (pxrt of): AND
St.:R 211(1(. -2(16 W'UOd rid ge (Phase C)
"rax Map 124 - F'amcl I (Part ol), ? (Pan uf) antl Tax h1eP 1 I5 - Parcels 13, l4
Dear Ms. Curter and Mr. Pendig:
"fhc .4lbertt arlc Cuunry Planning. Commission, at its mcctine on October 14. 1006, anon ono usly appru+cd
the above - note -d petit isms.
Plc xsc note that [his aPPru+al is �u bloat m the fmllowing candiHOns:
Conti itiu ns for Phase .4:
'rhe plat shall he sub.lcct « r the rcyuircmm�u of Sec[ion I�1- iO3 (Gmt arts of Ilnal plat), a-
identilled on the •-Final Subdivision Chucla ist" + +hich is available I "ram the Department of
I'Icmning: nd Comnumip Dcvclopmont:
Yro. idc• rex nation liv a -- uad to parcel 1 24 -1 A i l i -4U9].
nil Su+tc and Pedcarl pe ti«. :rre required pr or to (tool approval including but not Iim ited ¢+.
Arn>y Corps of En eincm'sr:+P Prm ul Ibr irn Pounding State Waters.
htitigotion plans +will he roquired for tl >< stream bu ffc -r disturbances prior [o Mal approval.
V UO'1 approval 12>r proposed Surte n imm�an ec is equircd.
Pr �.r ti. Ilnal plat submittal. address all minimum requirements from Design Manual drat >ler 903 R.
Final SuL die is icn 1'Iat.
R a:+d uame nPproval by E -9I 1 r w for all proposed roads.
V [)U'I- approval for alI public roads zmtl entrances. Suhminal of Road and drainage plans
including drsd nage calculations. Improvem encs to [he intersections; connections w rte. (il S.
Suhdiv ision plans need to he des ign cd in accordance with VDOT's current Subdivision Strec[
Attachment ll�
sus- soo6 -2oa, sls x 3os
W uodridge Phases A. B 8 C
Page 3 of 3
November 3006
Rcq uirements ul [he Road Des ip.n Manual. All c.ommerc ial cntrzmces and sweet connections [ ust
et [he minimun ra:qu +emenu eta Jezc ri ba:J in the h1 inimum Standards of L:ntran «.z to Staten
Fligh ways.
9. Developn <nt of a groundwater plan. i accordance with Chapter 17.. \rtic le I V. Une or more
monitoring . ell < arts will he relocated, fibs locations of which will be shown on the Final
Plat. Lu<atio ns alt< omen is .+ill bu determ fined with consultation bctwcm> thr C:roundw ntm'
M anngcr and the dcv L+pc su hunt.
10. Flcal[h Dcpmvncw : +Ppruwl~for dra in lie lds.
11. Public Recre:n Tonal Facilities Aulh ori[y auceptan cr nl'casemen[ R>r preserym[ion lot.
I �. L-':ns are bridge nd stream crossings arc designed tc+ e. am [hc load of fire apparatus (V irginiu
Statewide Fire 1'rcvention Code 903.2.! ).
13. "1'he huildablr area must maintain the minimum road ti�ontngc of I9U feet. The setback is csutblish ed
av bore the minimum lot width of I sn Pent is established. Delineate this point on all lots located on cul-
dc -sacs.
I a. The final appliw[ion shall be- brought before the Conunfission accompanied by the grtwndwaler testing
E r approval.
Cartel ikons for Phase. l3 S C:
1 . "1 "he plat shall be subj cct to the requirenxnts oT SCVIIOa 14 -303 (Contents of final platy, as
idcntiFed on the "Final Subdivision Checklist" which is :+v ails blc from [h< Department n/'
Fla ning and Communiq Dcvc lopn nq
Provide rescrvatinn f r a s rood m parcel 124 -1 A L 14 -40cJ J.
3. All State and Pcde al ponnits a cqu cd prior to final appro al including but not Iim i[ed to,
.4 rmy Corps of En gin errs approval forrimpomtding State Waters.
a. Mitigmion plans will be req aired fax the stream buffer diseurbances prior to final apprpvssl.
- VLX>T approval R>r proposed State maintenance is requirod.
( >. Prior to ti nul plea submi¢ah address all minimum rcqu runents From Design Manual chapter 903 B,
Final Subdivision Plut.
�. Road mm�c approval by E -)11 r iew for all proposed roads.
8. V DO'f approval 0.>r all public r ads and cntranres. Submittal of Road and drainage plans
including Jro inagc uJcula[ions� Improvements « t the in[crseetions / cc>nncctions to rte. 618.
SuhJiv is ion plans n -cd to be designed i xdancc with V DC>'T -'s current Subdivision Street
Requirements and the Ruad [>csign Manual�All wmmcrc ial entrances and street a utections must
meet the minimum rnquiroments as de- scribed in the Minimum Standards of Entrances to State
1 -1 ighwv� s.
9. Development of a ere ndwa[ar plan, in accordance with Chapter I "], .Article IV. One or mar
monitoring a ell c 'eats will he req uestc 1- the locations of which will be shown on [he Final
Plat. 1 -oc aria ns of ea +se meats will be determined with consultation between the Groundwater
M an:+ger nd the develo pe onsultant.
I O. Health Department approval for drain fields.
I I Public Recre afional Facilities Authority acceptance of easement For preservation lot.
1 "'. Ensure bridges and stream crossings are designed to carry [he load of fire apparatus (Virginia
Statewide Fire Prevention Code 903.2.6).
13. The buildable aaa must mainrvin then um road Frontage of I9U feet. The setback is
established where the minimum lot .v id th 'of 150 feet is estaL>l fish ed. Dclin care this point on all lots
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I J. The Ilnnl'upplieuliun vhul I be bn niiht be Pura the C'om mis.iun uccnm pvnie.l ho Its g wn.hvater teaing
I:+r app n+.a 1.
I'h� appn +gal of -the prclintina r. 1 >lat� is uliJ fi+r .+ v ! 11 . .ord once .. ith Suhdi�isiun Urtlin:usc
ticctimu I-1_„ I.: \. 'I'hcrc fn rc, t6c prelim innr. uppr rv:J eLull'.,npiru a > Oewber 2J, 2U0 ^. II'thc
Ie ruliminan pl:u :q>p rascal cspircs. n out. upplicati.m rtnrvt be li led and pr<.ces.cd.
If ymu .houlJ h :rvc uin yu �stione ut annmcnt. r«�:vJing the :: F.wc nuwJ action, pl.:rvc du nut M1csitmc w
un�lacl nIC al i-1 :41 294 -� %�'.
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Mr. Edgerton pointed out that ha was concerned with the statement in the staff report that said, "Based on
the review above, [ha engineering concerns are with the basin construction over the mass tlrain fialtl." He
said that ha was uncomfortable no[ knowing wham the critical slopes being tlisturbed on the site were
located. It appears that all of the critical slopes on [he site are being tlisturbetl completely wiping out the
tree buffer between the site and the residences in the rear.
Action on SOP - 2006 -096, Christian Ald Mission — Preliminary:
Motion: Mr. Cannon moved, Mr. Morris secontled, that SDP - 2006 -096, Christian Aid Mission
Preliminary Site Plan Critical Slopes Waiver be deferred to ba reviewed again by the Planning
Commission at an appropriate time to be schetluled in consultation with [he applicant.
The motion passed by a vote of 6:0. (Mr. Craddock was absent.)
Ms. Joseph stated that SDP - 2006 -096, Christian Aid Mission — Preliminary Site Plan Critical Slopes
Waiver was deferred.
Ragu /ar /tams:
SUB - 2006 -204 Woodridoa Phases A - preliminary subdivision plat approval Yo create 20 lots (19
development lots antl ono (1) preservation lot) as a Rural Preservation Development on 240.66 acres.
The property, tlascribed as Tax Map 124 - Parcel 1 (portion), 5 (portion), 6 (portion), 7 (portion), Is locatetl
in the Scottsville Magisterial District on Jefferson Mill Road [Route #618] approximately 2.4 miles
southwest of [ha intarsac6on with Rollings Roatl [Route # 620]. Tha Comprehensive Plan designates this
property as Rural Areas in Rural Area 4.
AND
SUB - 2006 -206 Woodridoa Phases B - preliminary subdivision plat approval to create 20 lots (19
development lots and ono (1) preservation lotj as a Rural Preservation Development on 249.84 acres.
Tha property, dascribetl as Tax Map 115 Parcel 14 (portion), Tax Map 124, Parcels 5 (portion), Parcel 6
(portion). antl parcel 7 (portion). Is located in the Scottsville Magisterial District on Jefferson MIII Road
[Route #616) approximately 2.4 miles southwest of the intersection with Rollings Road [Route # 620]. The
Comprehensive Plan tleslgnates this property as Rural Areas in Rural Area 4.
AND
SUB - 2006 -206 Woodridoa Phases C - preliminary subdivision plat approval to create 15 lots (14
development lots and ono (1) preservation lot) as a Rural Preservation Development on 184.80 acres.
The property, described as Tax Map 1 t6 parcel 13 (portion), Tax Map 115 parcel 14 (portion) Tax Map
124 - Parcel 1 (portion). 2(portionj, 6 (portion) is locatetl in the Scottsville Magisterial District on Jefferson
Mill Road [Route #618] approximately 2.4 miles southwest of the intersection with Rollings Road [Route #
620]. The Comprehensive Plan tlesignatas this property as Rural Areas In Rural Area 4. (Gereltl Gatobu)
Mr. Gatobu summarizetl the staff reports.
Tax Map 124, Parcel 7A is not inclutletl. They are d¢aling with the rest of the seven bts. Attachment G
is the determination of development rights done by John Shepherd in 2005 that described how many lots
can ba created. which inclutlas the number of 2t -acre lots. There are 27 development rights and can do
at least 24 2t -acre lots by right. The applicant did a bou ntlary line atljustment fo have the three phases.
They Nava a rural preservation tract tlevelopmant that they wan[etl to have as a whole on almost 670
acres. According to the County Attorney it had to ba developed into specific Phases A, B antl C. It is
now a rural preservation development. With the boundary line atljustment the 27 development rights
ware reatljustad giving Phases A [en, Phases B [en and Phases C seven.. The 2t -acre lots were also
reasslg nod. In Phase A [ha applicant can have 20 lots. Therefore, [he proposal in phase A is for 19
development lots and ono preservation tract.
Scott Clark's comments era in the staff report concerning the rural preservation. Ones of the comments
was to move the lots out of an encroachment, which was done. There was the issue of roatls and
ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 24, 20D6 Attachment E
DRAFT MINUTES — SUBMITED TO PLANNING COMMISSION
crossing the streams. Tamara Ambler, Resource Manager, is present to answer questions regarding the
stream crossing.
Ms. Joseph invited questions from the Commission.
Mr. Edgerton asked why the project has to b¢ done in thre¢ phases.
Mr. Kamptner replied that Is was because the definition of a rural preservation development is a lot in a
single rural preservation [hat does not create more than 20 lots. In the old rules prior to 2004 [his type of
development could have been processed as a single RPp by special use permit.
Mr. Edgerton said that It was because of the change in the state law that if they have a clustering
provision i[ becomes by right. He questioned why they were discussing this if it was by right.
Mr. Ka mpfner replied [ha[ any ortlinanc¢ in plat¢ before 2004 that allowed for a by -right cluster
development was gra ndfathered In. The special use permit requirement, which became prohibited after
2004, was removed Trom fha ordinance. The Commission is required under [he ordinance to d¢termine
whether or not all of the criteria are satisfied. It is by right and the Commission's review is ministerial
similar to what [hey tlo with a subdivision plat review [ha[ all requirements of the ordinance are satisfied.
Mr. Edgerton said that iF all of the raq uiremen[s of [he ordinance are satisfied, then the Commission is
mandated by law to approve it.
Mr. Zobrist questioned if staff could make this determination, and Mr. Kamptner replied that the
regulations have always provided for this review to be made by the Planning Commission.
Mr. Zobrist noted [hat fha Planning Commission has [o review to verify compliance.
Mr. Kamptner pointed out [hat when the county adopts a cluster rig ordinance under [he new state law all
of fha review will have to stay a[ [he staff level.
Mr. Edgerton noted that as long as [he county does not change the regulations, then the Planning
Commission will be able [o look at it. In the past they struggled with the new groundwater code with Glen
Oaks. His understanding is that the mandated groundwater plan has not been done yet. He asked if that
was mandated before iha approval antl if the Planning Commission would be able to see It.
Ms. Joseph replied that the groundwater plan would be required before the final. She asked if that was
som¢th ing they could consid¢r bringing back.
Mr. Edgerton said chat it would be hartl for the Commission [o have an opinion if they can't se¢ [he
groundwater plan. Tha Commission had a rural preservation project proposetl on Glen Oaks and the
applicant came In with a groundwater assessment study, which is now part of the ordina rice. The study
showed that there were some real concerns about flntling the grou ndwatar. The Commission stumbled
over that and then it was explained that after they adopted a groundwater ordinance it went to the Board
and they took away their ability to deny a project on [ha[.
Mr. Kamptner replied that was correct.
Mr. Edgerton noted that this time the Commission is looking a[ a rural preservation development they
don'[ have the benefit of the gro undwafer assessmani If it gets to be problematic ha would at the very
least like to be able to recom mentl to [he Board Shat the Commission is part of that But, if they can't s¢e
it, then they can'[ evaluate it.
Mr. Kamptner asked if one has been prepar¢d for this project.
Mr. Gatobu replied that [he only comment he got from Oavid Swales was put in the staff report. He tlid
not think [hat they have prapar¢d the grcuntlwatar assessment.
ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 24, 2006 6
GRAFT MINUTES — SUBMITEO TO PLANNING COMMISSION
Mr. Edgerton said that th¢ groundwater assessment was required, but the question was if it was required
before the request came before the Commission or before the signing of the final plat.
Mr. Kamp[n er notetl that it would be required before the signing of the final plat.
Mr. Edgerton pointed out that staffs condition covered the grou ndwat¢r assessment, but it did not have
much value from a planning perspective if the Commission did no[ get to sea i[.
Mr. Kampin er questioned if [his was a Tiar III assessment.
pavi❑ Swales replied [hat it was.
Mr. Kamptner noted [hat the assessment had to be submitted with the preliminary plat. The owner shall
submit the final groundwater management plan and must be approved by the Program Authority prior to
approval of the final plat or site plan.
Mr. Edgerton asked if it should have been submitted with the preliminary plat, which was what the
Commission was looking at
Mr- Kam ptn er replied yes.
David Pennock. Senior Planner. pointed out that in looking Through the file one was submitted with the
preliminary plat. He pointed out that David Swales' earlier comments said that th¢ Tier III grou ndwa[er
assessment, which he completed in July fulfilled most of the requirements as defined in [he Design
Manual Chapter Twq and a final version shall be due at submission of [he final plat He agreed with Mr.
Kamptner's reading of the Groundwater Ordinance [hat requires it [o ba sub miffed prior to preliminary
approval of any subdivision. So [he fact Thai it has been submitted should be okay in this case. If [he
applicant revises the plan later. [hen [hat is something else.
There being no further questions for staff, Ms Joseph opened the public hearing and invited the applicant
to address the Planning Commission.
Tara Boyd, attorney, represented the applicant and made the following comments
She pointed out [hat her presentation Includes all three phases. Essentially they ware requesting
approval of three rural preservation developments. which woultl include 55 houses while
permanently preserving a total of 445 out of 675 total acres. It would give a contiguous preserved
area of 66 percent of the property in perpetual cons¢rvation easement. The property has been
timbered s rice at least the 50's. It is not in an agricultural forestal district or a drinking water
watershed Ial[hough [he creak does run through it. The applicant has matle some provision for
[ha[. As Mr. Kamptner mentigned, the Commission will ba charged [o determine whether the
preliminary plat complies with the requirements of the Subdivision Ordinance and also with the
RPp Zoning Ordinance. The engineers are present to atldress any technical questions on the
Subdivision Ordinance. Staff has reviewed She plans in relationship to the Subdivision Ordinance
and found that all of those requirements are me[.
She reviewed and explained the requirements of the plan and how they have met them. This
plan is better titan the by -right subdivision. The development rights do no[ encroach on [o areas
of critcal slope or flootlplain, which was modified by the reasonably practical provision. It is
impossible [o develop lots that don't have soma critical slopes in [hem, although it is a small
amount on a piece of property for Albemarle County. The RPp plan turns out a lo[ better than the
by -right plan because they only have 11 lots that have little amounts of critical slope, which are
out oT the buliding sites as required. The development lots are entirely out of [he flood plat n. All
of the flood plain is in the rural preservation lots. The preservation tracts are gearetl towards
natural resource protection, forestry and the stream resources. The three preservation tracts are
accessed by crossing <he stream. That reduces the impacts of traffic going over the stream
crossing. All tlevelopm ent lots have access restriction to the internal street, which has been
ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 24, 2006 7
DRAFT MINUTES — SUBMITEp TO PLANNING COMMISSION
complied with. There was som¢ question whether Phase B had roatl frontage. It does meet that
with a small amount, which complies with the technical subdivision requirements. The maximum
lots in the RPD are the same as achievable under a conventional development, which reflects the
development rights determination mentioned by Mr. Ga[obu. They end¢d up with 27
development rights plus 28 times 21 division rights, which have all bean used in the proposed
development. No RPD shall contain more than 20 lots, which has been met. They have 20, 20
and 15 in the three phas¢s. All of the land has been included in the RPD development. Note one
on the plat restricts each lot to have one dwelling unit. Of course, with [he final approval they will
encumber with a perpetual conservation easements in the County's farm. They have mat all of
[he requlremants.
Staff has recommended approval with conditions. They era in agreement with the conditions
proposed. She requested approval of [he three requests.
Ms. Joseph invit¢d questions for the applicant.
Mr. Edgerton asked if she had mentioned iha groundwater assessment
Ms. Boyd replied that they submitted the groundwater study in Juna. There is a condition 9 proposed by
staff that it ba finalized, and they era in agreement with that.
Mr. Edgerton asked if she could tall the Commission anything about it.
Ms. Boyd replied that she could not.
Ms. Joseph asked if [he engineers present coultl address the groundwater assessment.
Ms. Boyd replied no.
Ms. Joseph Invited public comment.
Jeff Warner, with Piedmont Environmental Council, said that theta is nothing that ha could say or do
which would change this tonight. This is all a matter of right. He noted that everyone teamed recently
from the Board of Supervisors whc decided not to preserve the rural area further. At [hat meeting the
Board noted that if they approve lots in the growth area, then it would protect the rural area. He noted
[hat ha had the numbers showing Thal thousands of lots in the growth area have been approved and that
2006 is going to be a record year for rural subtltvisions. So ha disagreed with that argument. Tha
Piedmont Environmental Council takes great pride in its work in conservation ¢asemen[s. It is an
unfortunate fact [Fat they refer to what they are doing as a conservation easement. Tha truth is what they
era exchanging is suburban development to gat soma land permanently protected. But. they would still
gat the effects of suburban development. He did not like the additional walls and septic systems and all
of the additional cars on the road and felt that they were not really getting the parcels protected. But,
again Shat is what the rag ulations say and what they era stuck with for now. He offered that in recant
discussions of the rural area plan 66 percent was not what the objection was. He felt that even the Farm
Bureau was arguing for 75 percent in preservation tract. He said that it was disappointing in what the
rules allow and he was sorry So sa¢ Tha development.
Thane being no further public comm¢nL [ha public hearing was closed and th¢ matter before the Planning
Commission.
Ms, Joseph asked Ms. Ambler tc come forward and address some questions about the stornwater
management. Sha received Information from Mr. Gatobu about the stormwater management. Ona of the
things she had bean hearing from people in the rural area is that [hey have bean asking for ponds to
provide for stormwater. Sha was worried because it discussed whatever state approvals that they need.
She asked Ms. Ambler to go over what kind of stormwater measures Shay ware looking at fn the rural
areas at this lima.
AL6EMARLE COUNTY PLANNING COMMISSION — OCTOBER 24, 2006 g
DRAFT MINUTES — SUBMITED TO PLANNING COMMISSION ��"�
Ms. Ambl¢r noted that her comments were about the concerns about th¢ local and state water quality
permits that would be needed if the ponds ware in line with the stream. That means that it would actually
impound the stream itself. What the permitting agencies are looking for are catch men That era off line
that treat runoff and then discharge to a natural drainage way or a stream. There has been no change in
paradigm for many years. Many years ago there use to be a paradigm of largo regional inline facilities to
control upstream growth. Thera has bean a lot of proof and evidence that has detrimental downstream
effects [o the stream itself and it does not really protect the stream channels closer to the development.
Sp the shift in the last ten years has bean away from the big ponds, keep them out of the streams and
let's deal with stormwater in a fashion closer to the actual impacts. What she has seen with this
development is that was what they have done. They have gone from large ponds that were in line with
[he streams and pushed them back up closer to the development and th¢ smaller watersheds. So that
allayed here concerns about the possibility of having to permitting these ponds that would ba in the
streams. Thera era still a couple of crossings that they wiii have to gat water quality permits for, but that
is fairly standartl.
Mr. Edgerton said that it sounds like the applicant has technically met the requirement to submit the
groundwater resources study, but they don't have any information on it. He was really struggling with [hat
since the Planning Commission's rote is to take an action.
Ms. Joseph asked if the Planning Commission could request that this come before them as a final for
preliminary approval.
Mr. Kamptnar replied that they could do that and by that time Shay could have the groundwater
information.
Mr. Edgerton said that it was by right, but ha would like to sea the groundwater testing. Even though they
are limited to what can ba done, the Commission could have their eyes wide open when Shay make [his
decision if they sea the groundwater Information.
Ms. Joseph notatl that there were no waiver requests and the applicant had triad to preserve soma big
tracts of land and put them all in ono space. Sha would have liked to see more two acre loss with more
land in [ha preservation tracts. But, from what they have seen in the past she felt the applicant has really
spent a lot of lima in developing the plan since [hare era no waiver requests.
Mr. Cannon notatl that the applicant is within the requirements and the proposal is better than the by -right
development.
Mr. S[rueko noted that it was allowed by rtght. Ho agreed with Mr. Edgerton Shat the Planning
Commission should at least sea the groundwater stutly.
Action on Phases A:
Motion: Mr. Cannon moved, Mr. Monts secondetl, for approval of SVB- 2006 -204, Woodritlge Phases A
subject to the staffs recommended conditions, as amendatl, to bring [he final application before the
Commission accompanied by the grou ndwat¢r testing for approval.
t. Tha plat shall ba subject to the requirements of Section 14 -303 (Contents of final plat), as
identified on the "Final Subdivision Checklist" which is available from the Department of Plan ning
and Community Development;
2. Provide reservation for access road to parcel 124 -1A [14 -409]_
3. All State antl Federal permits era required prior to final approval Including but not limited to, Army
Corps of Engineers approval for impounding States Waters.
4. Mitigadon plans will ba required for the sVeam buffer tlisturbances prior to final approval.
5. VDOT approval for proposed State maintananca is required.
6. Prior to final plat submittal, address all minimum requirements from Design Manual chapter 9036,
Final Subdivision Pla[.
7. Road Hama approval by E -91 t review for all proposed roatls.
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8. VDOT approval for all public roatls and entrances. Submittal of Road and drainage plans
including drainage calculations. Improvements to Iha intersections / connections to rte. 6'18.
Subdivision plans Hoed to be designed in accordance with VDOT's current Subdivision Street
Requiram¢nls and [ha Road Design Manual. All commercial entrances and street connections
must meet [ha minimum requirements as described in the Minimum Standards of Entrances [o
State Highways.
9. Development of a groundwater plan, in accordance with Chapter 17. Article IV. One or more
monitoring well easements will be requescetl, the locations of which will be shown on the Final
Plaf. Locations of easements will be de[ermin¢d with consultation between [he Grou ndwatar
Manager antl [he developers consultant.
1 O. Health Departm¢n[ approval for drainfields.
1 �. Public Recreational Facilities Authority acceptance of easement for preservation lot.
12. Ensure bridges and stream crossings are designed [o carry the load of fire apparatus (Virginia
Statewide Flr¢ Prevention Code 503.2.6).
t3. Tha buildable area must maintain the minimum road frontage of L50 fee[. The setback is
established wher¢ the minimum lot width of l50 feat is established. Delineate [his point on all lots
located on cut -de -sacs.
14. The final application shall be brought before the Commission accompanied by the groundwater
testing for approval.
The motion passed by a vote of 6:0. (Mr. Craddock was absent.)
Ms. Joseph asked if stall, the applicant or any public had anything else to say about Phases B and C.
There b¢ing no further comment, she asKetl for action on phases B and C.
Action on Phases B and C:
Motion: Mr. Zobrist moved. Mr. Morris second¢d, for approval of SUB- 2006 -204, Woodridge Phase B
and C subject [o the staff's recommended conditions, as amended, to bring the final application before
the Commission accompanied by the groundwater testing for approval.
1. The plat shall be subject to the requirements of Section 14 -303 (Contents of final plat), as
identified on the "Final Subdivision Checklist" which is available Tmm the Department of Planning
and Community Developmenb
2. Provide reservation for access road to parcel t24 -1A [14 -409].
3. All State and Federal permits are required prior to final approval including but not limit¢tl to, Army
Corps of Engineers approval for impounding Stale Waters.
4. Mitigation plans will ba required for the stream buffer disturbances prior to final approval.
5. VDOT approval for proposed Stale maintenance is required_
6. Prior to final plat submittal, address all minimum requirements from Design Manual chapter 9038,
Final Subdivision PIaL
7. Road name approval by E -911 review Tor all proposed roads.
8. VDOT approval for all public roatls and entrances. Submittal of Roatl and drainage plans
including drainage calculations. Improvements to [he intersections / connections [o rte. 6'18.
Subdivision plans need to be designed In accortla nce with VDOT's current Subdivision Street
Requirements and [he Road Design Manual. All commercial entrances and street connections
must meet [he minimum requirements as described in the Minimum Standards of Entrances to
Stale Highways.
9. Development of a groundwater plan, in accordance with Chapter t7, Article IV. One or more
monitoring well easements will be requested, th¢ locations of which will ba shown on the Final
Plat. Locations of easements will ba det¢rmined with consultation between [he Grou ndwatar
Manager and the developer's consultant.
1 O. Health Department approval for tlrain fields.
1 t. Public Recreational Facilities Authority acceptance of easement for preservation lot.
12. Ensure bridges antl stream crossings are desig n¢d to carry the load of fire apparatus (Virginia
Statewide Fire Prevention Code 503.2.6).
13. The buildable area must maintain the minimum road frontage of 150 feet. The setback is
established where the minimum lot width of 150 feet is established. Delineate this point on all lots
ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 24, 2006 1 O
DRAFT MINUTES — SUBMITED TO PLANNING COMMISSION
located on cul -de -sacs.
t4. The final application shall ba brought befc re the Commission accompanied by the groundwater
testing for approval.
The motion passed by a vote of 6:0. (Mr. Craddock was absent)
Ms. Joseph stated that SpP- 2006 -204, 205, 206, Woodridge Phases A, B 8 C was approved wish
co ndi[ions.
The Commission took a 5 minute break at 7:'17 p.m, antl reconvened the meting at 7'25 p. m.
Ofd business:
Plaees29 Proiact Status Briefinc (Judy Wiegand)
Ms. Catlin and Ms. Wiega nd, joined by Harrison Rue, were present to provide a project update to the
Planning Commission on Places 29 in their role as Advisory Counsel. Staff r¢viaw¢d the status of the
project and what the upcoming steps were going to ba involving the Commission and [he rest of the
community. Staff presented a power point presentation regarding the following agenda items. (See Staff
Report dated January 24, 2006)
Staff updated the Planning Commission on the progress made by the consultants and County staff in
developing the Places29 Master Plan. It was an opportunity for the Commission to give general feedback
on the Draft Prefemed Framework Map. co identify any missing elements in the Master Plan Format, and
to comment on [he proposed public process for the January 2007 Charrette.
Status and Schedule of Placas29
Public events that have [a ken place so far:
. May 2005: Citizens Planning Acad¢my
. May 2005: Charre[te #t— Community Visioning
November 2005: Cha rratta #2— Assets, Naafis 8 Opportu niti¢s and Initial Framework Plan
Alternatives
February 2006: Interim Visit (for staff and consultants)
May 2006: CharreKe #3— Identification of Preferred Framework Map
Since the May 2006 public events, the consultants have been working on [he Draft Preferred Framework
Map and conducting the transportation modeling. This is an iterative process that Involves setting up antl
calibrating the modeh running it, adjusting land uses, adding road improvements, and discussing the
r¢sults. Several signiFcant questions have arisen and been resolved during the modeling process, such
as how [o set up the Traffic Analysis Zones (TAZS) to reflect the proposed new land uses. how many
lanes to use for Berkm ar Drive Exte ntled, and when to include different proposed road improvements In
the modeling process.
From the land use perspective, consultants are working on the daf nitions of the land use categories that
are used on the Draft Preferred Framework Map, the design principles, street cross- sections,
implementation strategies, and photosimulations of streets and neighborhoods.
The Assets. Needs, and Opportunities Report is nearly complete. I[ is expected [o be available for review
during the January public events (described below).
Slaff and consultants are working on a schedule for preparation of the final draft master plan, and the
subsequent review and approval process and will forward [he schedule to the Commission as soon as it
is available.
January 2007: Tha Public Process
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 24, 2006 t �
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