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HomeMy WebLinkAboutZMA200100021 Application 2001-12-17 • { _ _ County of Albemarlf :• Department of Building de and Zonin Services OFFICE USE ONLY • ZMA# 20Q D21 TMP D Ll 5- 0 0 _ O O - D q i O Sign# C,09 Mag.Dist. ?IC) Staff STrj y itl -- Date 12119101 Application for Zoning Map Amendment Project Name(how should we refer to this application?) CARRIAGE GATE APARTMENT S *Existing Zoning R-6 Proposed Zoning R-15 (*staff will assist you with this item) Number of acres to be rezoned (if a portion it must be delineated on plat) 2.742 ,/ Is this an amendment to an existing Planned District? Yes a No Is this an amendment to existing proffers? ❑Yes No Are you submitting a preliminary site development plan with this application? ❑ Yes ®No Plan Drawing Are you submitting a preliminary subdivision plat with this application? ❑Yes a No Are you proffering a plan with this application? o Yes 5 No Contact Person(who should we call/write concerning this project?): Stephen M. Melt on Address P.O. Box 8147 CityCharlottesville State VA Zip 22906 Daytime Phone(804 ) 979-8181 Fax# 296-3510 E-mail — Owner of land(as listed in the County's records): BERKMAR LAND TRUST ) Carl ftiJ J Qv . S F.a. T;oSk-et95 Address P.O. Box 8147 CityCharlottesville State VA _ Zip 22906 Daytime Phone(804 ) 979-8181 Fax# 296-3510 E-mail - Applicant(Who is the Contact person representing?Who is requesting the re-zoning?). SAME AS ABOVE Address City State 1 i p Daytime Phone ( ) Fax# E-mail Tax map and parcel 45 — 91 (portions of) Physical Address(if assigned) WOODBROOK DRIVE (State Route 1417) End of Woodbrook Drive Just West of Location of property(landmarks,intersections,or other) Intersection with Berkmar Drive Does the owner of this property own(or have any ownership interest in)any abutting property? If yes. please list those tax map and parcel numbers NO OFFICE USEONLY � C t� C ,,Nk,ra c ZQ� 14 L _ Fee amount$ 3 15 sot) Date Paid )2- ") 'u4� I-0( Check# a I Receipt# 1 y 5-rata / (Under 50 Acres=$815 50 acres or more=$1,255 Minor amendment to previous request=$1751 v History: ❑Special Use Permits: ❑ZMAs and Proffers: Ov 75. ❑Variances: O ❑Letter of Authorization S�Concurrent review of Site Development Plan? L7 Yes ❑ No zl �101 401 McIntire Road ❖ Charlottesville, VA 22902 ❖ Voice: 296-5832 ❖ Fax: 972-4126 ' • ' Section 15.1- 490 of the Code of Virginia states that, "Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of the property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values, and the encouragement of the most appropriate use of land throughout the county or municipality." These are the items which will be reviewed by the staff in their analysis of your request. Please provide any additional information you feel is necessary to assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? OFFICE SERVICE What public need or benefit does this rezoning serve? SEE ATTACHED Are public water,sewer,and roads available to serve this site?Will there be any impact on these facilities? SEE ATTACHED What impact will there be on the County's natural,scenic,and historic resources? SEE ATTACHED OPTIONAL:Do you have plans to develop the property if the rezoning is approved?If so,please describe: SEE ATTACHED If you would like to proffer any restrictions on the development of the property, please list these proffers on the following optional attachment entitled, "PROI-1-HR FORM". Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district classification would allow. By State Code,proffers must have a reasonable relationship to the rezoning and are not mandatory.The rezoning must give rise to the need for the proffers;the proffers must be related to the physical development or physical operation of the property; and the proffers must be in conformity with the Comprehensive Plan. 2 • "Describe your request in detail including why you are requesting this particular zoning district? • SEE ATTACHED ATTACHMENTS REQUIRED - Provide two(2) copies of each: • 1. Recorded plat or boundary survey of the property requested for the rezoning.If there is no recorded plat or boundary survey,please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a rezoning for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. • 2. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including,but not limited to,the name of a corporation,partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner,a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: ❑ 3. Drawings or conceptual plans, if any. ❑ 4. Proffer Form signed by the owner(s). ❑ 5. Additional Information, if any. I hereby certify that I own the subject property,or have the legal power to act on behalf of the owner in filing this app i i . I a rtify t the information provided is true and accurate to the best of my knowledge. Shiriej L. Fisher December 17, 2001 SignatuU 74,j Date CHARLES W. HURT 979-8181 Printed Name Daytime phone number of Signatory 3 APPLICATION DATE: December 17, 2001 PROJECT NAME: CARRIAGE GATE APARTMENTS OWNER: BERKMAR LAND TRUST LOCATION: Woodbrook Drive—West of Intersection with Berkmar Drive CURRENT ZONING: R-6 PROPOSED ZONING: R-15 PROPOSED USE: Apartments The Comprehensive Plan designation for this property is office service. The public need and benefit this rezoning would serve is to bring about the availability of housing in an area that is adjacent to an elementary school, buses and convenient shopping within walking distance. Public water, sewer, gas and road (Woodbrook Drive) is available and in place to serve this site. It is our opinion that the additional 42 apartments would not impact the road or utility services in the area. A traffic signal is located at the intersection of Woodbrook and Berkmar Drive. There will not be an impact to the natural, scenic and historical resources with the construction of this project. The site sits off from the commercial buildings and is not heavily wooded. There are plans to develop the property if the rezoning is approved. A contract is in place and site plan preparation is underway (see attached)to start the project a soon as approval can be obtained. The plan calls for 42 apartments that will be owned, leased and maintained by Southland Homes, Inc. As shown on the attached site plan drawing, this property consisting of 2.742 acres is ideal for the residential buildings that are proposed. Surrounded on the South by Agnor Hurt Elementary School (Kindergarten—5th grade)the two sites are buffered by a wooded tract. It would be desirable to be able to provide a walkway thru the wooded area to access the playground facilities of the school. This would be a natural pathway of mulch that would meander through the woods to minimize the need to cut trees. The construction and maintenance of the pathway would be borne by the developer. A meeting on site with the project manager of Albemarle County Building Services will take place December 20m to see if a pathway would be feasible. Some of the factors to be considered will be the topo, accessibility and visibility around the pathway for safety. Although the current land use designation for this property is office service (currently zoned R-6), due to the size (narrow width) and the distance from Berkmar Drive, this would be a difficult site to market commercial property because it is not visible from a main road (Berkmar Drive).Also, trying to design commercial buildings on the narrow lot with the setbacks/buffers that are required for commercial use adjacent to residential zoning (South and West boundary) would be difficult. Business and office buildings require large trucks for service and parcel delivery on a daily basis. The configuration of this site hampers design for these vehicles. There is ample land along Berkmar Drive that is better suited for commercial use, allowing easier access and visibility. The topo of this land and the location presents a quiet, safe and very convenient location for residential development along the fringes of commercial development that would allow a nice mixed use. The site is adjacent to Agnor Hurt Elementary school to the South, two homes to the West, vacant land zoned R-6 to the North, Legend Development Office building to the north entrance of the site and Northside Christian School to the South. A planting area around the perimeter of the site would allow for additional privacy and screening. The site will have a protected tot lot of approximately 4,500 sq. ft. with benches, trees and playground equipment. This area on site along with the recreational facilities provided at Agnor Hurt School, if approved, will allow ample play area for children. The development of this site is contingent on getting maximum density (42 units)to make it economically feasible to build and lease. This plan has been engineered with buildings positioned to allow for ample parking with tree islands and giving each tenant 2 parking spaces plus 8 for guests. In summary, this site is a natural for residential use. The interior sidewalks on the site will be connected to the existing walk on Woodbrook Drive, which ties to Berkmar Drive allowing for a good mixed use flow. The walks allow for safe pedestrian access to school or shopping in the Rio Hill Center, Woodbrook Center, Lowes and even Walmart. Public transit is available on the corner of Woodbrook Drive and Berkmar(Bus Route #7). The buildings will be owned and leased by Southland Homes, Inc., and will be similar in building materials to Lakeside and Carriage Hill. SENT BY: VA LAND COMPANY; 1 804 296 3510; DEC-20-01 "FM; PAGE 1 EXHIBIT C POST OFFICE LAND TRUST DESIGNATION OF MANAGEMENT RIGHTS BY BENEFICIARY The undersigned, being the Beneficiaries under a certain Land Trust Agreement, dated October 27, 1997, and representing a majority of the beneficial interest of such trust, does hereby designate the following person(s) to exercise the right of the Beneficiaries of such trust pursuant to the rights conferred by paragraph III.D. thereof: The power of the aforementioned designee(s) to exercise rights of the Beneficiaries is limited as follows: WITNESS the following signatures and seals: Name Beneficial Intgregt C:\14PUATA\XVRI\CURR.MAT\09/I.11a 5-12/9/97 Post-It•Fax Note 7871 Dare / e� To Cc n � f t n ea" k� rGk 1 Cu/Dept. Co l•- Phone Fax N hn.j ,a• Z- 5Y?7 •[J �l� Fan# SENT BY: VA LAND COMPANY; 1 804 296 3510; DEC 20 01 ^BPM; PACE 2 EXHIBIT B POST OFFICE LAND TRUST CERTIFICATION OF BENEFICIARY'S INTEREST The undersigned Trustees under a certain Trust Agreement dated October 27, 1997, establishing the Post office Land Trust, hereby certify as of the date set forth below, that Charles Wm. Hurt is the beneficiary and beneficial owner of 100% of the Post Office Land Trust. A copy of the original Trust Agreement, described above, is retained at the office of McCallum & Xudravetz, P.C. , 250 East High Street, P. O. Box 224, Charlottesville, Virginia, 22902. This certificate does not embody any legal title and is non- transferrable. The beneficial interest owned by the aforenamed Beneficiary is transferrable only pursuant to the provisions of the • Trust Agreement and any amendments thereto. DATED: /A4/y7 (SEAL) Charl, Wm. Hurt, as Trustee 1 - ' - . ,,(SEAL) Shirley L. Fisher, a rustee SENT BY: VA LAND COMPANY; 1 804 296 3510; DEC-20-01 ^9PM; PAGE 3/4 The objects and purposes of this Trust Agreement shall be for the Trustees to hold the Property and to protect and conserve it until its sale or other disposition or liquidation. The Trustees shall neither manage nor operate the Property nor undertake any other activity not necessary to the attainment of the foregoing objects and purposes other than as may be specifically set forth herein. It is not the purpose of this Trust Agreement to create or evidence the existence of a corporation or business organization similar thereto, a Massachusetts trust or any other type of business trust, a co-partnership or joint venture by and between the Trustees and the Beneficiaries or by and between the Beneficiaries other than as expressly stated herein. II. THE TRUSTEES A. Duties of the Trustees. The Trustees shall perform the following duties: 1. On the written direction of all of the Beneficiaries or such other person or persons as shall from time to time be designated in writing by a majority of the beneficial interests (as more fully set forth below) , the Trustees shall (i) execute all the instruments which shall be necessary to protect and conserve the Property; (ii) sell , contract to sell and grant options to purchase all or any part of the Property and any right, title or interest therein for cash or on credit; (iii) exchange the Property or any part thereof for any other real estate or personal Property upon any terms and conditions; (iv) convey the Property or 2 SENT BY: VA LAND COMPANY; 1 B04 296 3510; DEC-20-01 ' -'19PM; PAGE 4/4 POST OFFICE LAND TRUST THIS TRUST AGREEMENT made this 27"' day of October, by and between Charles Wm. Hurt and Shirley L. Fisher, as Trustees, (whether one or more and which designation shall include all successor or substitute Trustees) , and all other parties who shall execute this Trust Agreement as evidenced by their signatures set forth below, who are hereinafter collectively referred to as the "Beneficiaries" (which designation shall include all successors and assignees who have acquired a beneficial interest as contemplated by and in accordance with the terms of this Trust Agreement) ,provides: T. $EfITALS - OBJECTS AND PURP9SF5, The Beneficiaries are about to cause to be conveyed to the Trustees, as Trustees under this Trust Agreement, the property described on Exhibit A attached hereto, reserving to themselves as Beneficiaries only those rights in the nature of personalty as expressly set forth herein. When the Trustees have taken title to the trust property as Trustees under this Trust Agreement, and any other property subsequently conveyed to them, and added to Exhibit A, all collectively hereinafter the "Property" , the parties agree, for themselves and their successors and assigns and any other person or persons who may become entitled to any interest in the Property by operation of law or as provided herein, that the Trustees shall hold the Property for the following uses and purposes and subject to the terms and conditions set forth herein. 12/14/2a01 13:32 1yb`Jb41 MI.UHLLUM&KUUMOVC . ' rHu� ul BERKMAR LAND TRUST THIS TRUST AGREEMENT made this 28th day of September, 1995, by and between Charles Wm. Hurt and Shirley L. Fisher, as Trustees, (whether one or more and which designation shall include all successor or substitute Trustees) , and all other parties who shall execute this Trust Agreement as evidenced by their signatures set forth below, who are hereinafter collectively referred to as the "Beneficiaries" (which designation shall include all successors and assignees who have acquired a beneficial interest as contemplated by and in accordance with the terms of this Trust Agreement) , provides: I. RECITALS - OBJECTS AND PURPOSES The Beneficiaries are about to cause to be conveyed to the Trustees, as Trustees under this Trust Agreement, the property described on Exhibit A attached hereto, reserving to themselves as Beneficiaries only those rights in the nature of personalty as expressly set forth herein. When the Trustees have taken title to the trust property as Trustees under this Trust Agreement, and any other property subsequently conveyed to them, and added to Exhibit A, all collectively hereinafter the "Property", the parties agree, for themselves and their successors and assigns and any other person or persons who may become entitled to any interest in the Property by operation of law or as provided herein, that the Trustees shall hold the Property for the following uses and purposes and subject to the terms and conditions set forth herein. BERKMAR LAND TRUST CERTIFICATION OF BENEFICIARY'S INTEREST The undersigned Trustees under a certain Trust Agreement dated September 28, 1995, establishing the Berkmar Land Trust,hereby certify as of the date set forth below,that Charles Wm. Hurt is the beneficiary and beneficial owner of 100% of the Berlanar Land Trust. A copy of the original Trust Agreement,described below,is retained at the office of McCallum&Kudravetz,P.C., 250 East High Street,P.O. Box 224, Charlottesville,Virginia,22902. This certificate does not embody any legal title and is non-transferrable. The beneficial interest owned by the aforenamed Beneficiary is transferrable only pursuant to the provisions of the Trust Agreement and any amendments thereto. DATED: December 24. 1996 _ / 97 Charles Wm. Hurt, Trustee Shirley L. isher, Trustee 6-C:\WPDATA\LRB\HURT\0374.ben.wpd 1 L/14/LUG!. 13:30 L707041 .. •w- - • -- • • BERKMAR LAND TRUST CERTIFICATION OF BENEFICIARY'S INTEREST The undersigned Trustees under a certain Trust Agreement dated September 28, 1995, establishing the Berkmar Land Trust, hereby certify as of the date set forth below, that Virginia Land,L.L.C.,a Virginia limited liability company,is the beneficiary and beneficial owner of 100% of the Berkmar Land Trust. A copy of the original Trust Agreement, described below, is retained at the office of McCallum&Kudravetz,P.C., 250 East High Street,P.O. Box 224, Charlottesville, Virginia, 22902. This certificate does not embody any legal title and is non-transferrable. The beneficial interest owned by the aforenamed Beneficiary is transferrable only pursuant to the provisions of the Trust Agreement and any amendments thereto. DATED: January 1. 1997 Charles Wm. Hurt, Trustee T42.-Z2= Shirley L. her,Trust e t 6-CAWPDATA\Lin\HUR i\0374.bn2.wpd f 12/14/2001 13: 32 2969641 MCCALLUM&KUDRAVmm HAUL kit BERKMAR LAND TRUST THIS TRUST AGREEMENT made this 28th day of September, 1995, by and between Charles Wm. Hurt and Shirley L. Fisher, as Trustees, (whether one or more and which designation shall include all successor or substitute Trustees) , and all other parties who shall execute this Trust Agreement as evidenced by their signatures set forth below, who are hereinafter collectively referred to as the "Beneficiaries" (which designation shall include all successors and assignees who have acquired a beneficial interest as contemplated by and in accordance with the terms of this Trust Agreement) , provides: T. RECITALS - OB}TECTS ,AND PURPQSES The Beneficiaries are about to cause to be conveyed to the Trustees, as Trustees under this Trust Agreement, the property described on Exhibit A attached hereto, reserving to themselves as Beneficiaries only those rights in the nature of personalty as expressly set forth herein. When the Trustees have taken title to the trust property as Trustees under this Trust Agreement, and any other property subsequently conveyed to them, and added to Exhibit A, all collectively hereinafter the "Property", the parties agree, for themselves and their successors and assigns and any other person or persons who may become entitled to any interest in the Property by operation of law or as provided herein, that the Trustees shall hold the Property for the following uses and purposes and subject to the terms and conditions set forth herein. 12/14/2001 13:32 2969641 MCCALLUM&KUUKAVE ' " 1-Hut n.i r BERKMAR LAND TRUST CERTIFICATION OF BENEFICIARY'S INTEREST The undersigned Trustees under a certain Trust Agreement dated September 28, 1995, establishing the Berlanar Land Trust,hereby certify as of the date set forth below,that Charles Wm. Hurt is the beneficiary and beneficial owner of 100% of the Berkmar Land Trust. A copy of the original Trust Agreement,described below,is retained at the office of McCallum&Kudravetz,P.C., 250 East High Street,P.O. Box 224, Charlottesville,Virginia, 22902. This certificate does not embody any legal title and is non-transferrable. The beneficial interest owned by the aforenamed Beneficiary is transferrable only pursuant to the provisions of the Trust Agreement and any amendments thereto. DATED: December 24.1996 / 97 Charles Wm. Hurt, Trustee 4/4, X< Zol t Au �� � Shirley L. isher, Trustee 6-C:\WPDATA\LRB\HURT\0374.ben.wpd _12/14/2001 13:36 2969641 MCCALLUM&KUDRAVET— 1-Hut 131/111 BERKMAR LAND TRUST CERTIFICATION OF BENEFICIARY'S INTEREST The undersigned Trustees under a certain Trust Agreement dated September 28, 1995, establishing the Berkmar Land Trust, hereby certify as of the date set forth below, that Virginia Land,L.L.C., a Virginia limited liability company,is the beneficiary and beneficial owner of 100% of the Berkmar Land Trust. A copy of the original Trust Agreement, described below, is retained at the office of McCallum&Kudravetz,P.C., 250 East High Street,P.O. Box 224, Charlottesville, Virginia, 22902. This certificate does not embody any legal title and is non-transferrable. The beneficial interest owned by the aforenamed Beneficiary is transferrable only pursuant to the provisions of the Trust Agreement and any amendments thereto. DATED: January 1. 1997 /Si_ ..-/ Charles Wm. Hurt, Trustee Zti Th;e71-1 Shirley L. 1sher,Trust e 6-C:\WPDATA\LRBUIURT\0374.bn2.wpd N 1 2/1 7/01 1 6: 1 6:43 INQUIRE COMPREHENSIVE INFORMATION SYSTEM BE4C CISOO CISINQ02 PARCEL # : 04500-00-00-09100 PARENT PARCEL #: — — — OWNER(LAST,FIRST,MI,TITLE): BERKMAR LAND TRUST; CHARL , PARCEL LOCATION: (HOUSE #) 1989 (STREET NAME) WOODBURN RD (CITY) CHARLOTTESVILLE (ZIP) 22901 MAILING ADDRESS LEGAL DESCRIPTION BERKMAR LAND TRUST; CHARLES WM HURT 1 . C// (Sc SHIRLEY L FISHER TRUSTEES 2. ACREAGE 3. P 0 BOX 8147 4. CHARLOTTESVILLE VA ZIP CODE: 22906 — 01 /01 /2001 OWNER: BERKMAR LA HOUSING CONDITION : 1 GOOD GROSS LIVING AREA : 813 DEED BOOK REFERENCE: 1680 / 660 BASEMENT AREA : 0 PLAT BOOK REFERENCE: 1559 / 050 BASEMENT(FINISHED): 0 HELP = "F1 " OR PUT CURSOR AT BOTTOM ,92V