HomeMy WebLinkAboutZMA199000008 Staff Report 1990-08-01 •
STAFF PERSON: RICHARD E. TARBELL
PLANNING COMMISSION: JULY 24, 1990
BOARD OF SUPERVISORS: AUGUST 1, 1990
ZMA-90-08 - WOODBRIAR ASSOCIATES
Petition: Woodbriar Associates petitions the Board of
Supervisors to AMEND ZMA-79-32 for the deferral of the
bonding requirement for construction of Briarwood Drive from
Austin Drive to Route 29 (Section 33 . 2 . 1) . The Briarwood
Subdivision consists of all parcels on Tax Map 32G totalling
173 acres located on the west side or Route 29, just south
of GE Fanuc. Zoned PRD, Planned Residential Development in
the Rivanna Magisterial District. This is located within
the designated growth area.
APPLICANT'S PROPOSAL:
To defer the bonding requirement for construction of
Briarwood Drive as required by the conditions of approval
for ZMA-79-32. The applicant is proposing to complete the
construction of Briarwood Drive with the platting of lots in
Phase I . Phase I will be pursued after the lots in Phase
III and VII , which can be served by the existing gravity
sewer, are completed. In addition, the applicant has
clarified the phasing schedule for the recreation areas (See
Attachment B) .
SUMMARY AND RECOMMENDATION:
Staff has reviewed this petition and recommends approval
with conditions.
PLANNING AND ZONING HISTORY:
The Board of Supervisors approved the Briarwood RPN rezoning
( ZMA-79-32 ) on January 23 , 1980 for a total of 661 dwelling
units over 173 . 4 acres. The first subdivision plat for this
development was approved by the Planning Commission June 24,
1980. This plat represented 96 lots for single family
attached housing units (phase II of the RPN phasing
sequence) . A subdivision plat for Phase I development of 64
lots was indefinitely deferred from Planning Commission
consideration. The Planning Commission approved a
subdivision plat for 26 lots (portions of Phases III & VII )
on April 5, 1983 . The Planning Commission approved a plat
for 80, lots in Phases III and VII on August 23 , 1988 . In
11,;}+ July 1989, the applicant proposed a subphasing plan for 28
of the 80 lots approved in 1988 and then a relief of conditions
1
regarding bonding of Briarwood Drive. The proposal was
presented to the Planning Commission and no action was
required as consent was granted. The final plat for the 28
lots was signed August 31, 1989 . On March 27, 498-0 e 1990
Planning Commission approved a preliminary plat for 28 lots
in Phase IV (actually within Phases III and VII of the RPN
phasing plan) . The total number of lots which have been
recorded to date is 150.
COMPREHENSIVE PLAN:
The development is located within the Piney Mountain Village
and is designated for medium density residential ( 5-10
dwelling units per acre) .
STAFF COMMENTS:
The conditions of approval of the Briarwood RPN rezoning
(ZMA-79-32) are included in Attachment C. Condition # 14
states:
"No final site plan or subdivision plat shall be
approved as to any lot or dwelling unit served by
either road X or road Y prior to dedication to public
g,,;ww°'di use and construction or bonding for acceptance into the
9r1 Airtme, Virginia State Secondary Highway System of roads X and Y. "
(To clarify, of the roads cited in condition 14, "road x" is
now Briarwood Drive and "road Y" is now Austin Drive. )
Staff has determined that this condition must be met before
any additional plats are signed unless the Board of
Supervisors chooses to amend ZMA-79-32 to allow the deferral
of this requirement.
Originally a bond was posted for the construction of Briarwood
Drive. However, it was allowed to expire in 1987 (See
Attachment D) . It should be noted that the right-of-way for
Briarwood Drive was dedicated in Deed Book 714 , Page 48.
In accordance with Section 32. 7. 2. 4, two points of vehicular
access to external public roads are required for
developments of 50 lots or more. This requirement will be
satisfied with the signing of the final plat of Phase IV
which was approved by the Planning Commission on March 27,
1990 with the following condition:
"Construction or bonding of the entire length of Austin
Drive to include the relocation and improvements to
Route 606. "
2
•
This access to Route 606 along with the existing entrance at
G E. Fanuc and Route 29 provides the two points of vehicular
access sufficient for the current level of development and
as required by the Zoning Ordinance. As more development
occurs in Briarwood another access point will be necessary,
therefore, staff recommends approval of this request to
amend ZMA-79-32 with conditions requiring the construction
of Briarwood Drive with the completion of Phase I . It
should be noted that conditions as outlined below could
allow approximately 250 lots before the development proceeds
with Phase I. Presently 178 lots have been approved by the
Planning Commission.
Should the Planning Commission and Board of Supervisors
choose to approve this petition staff recommends the
following conditions of approval drafted in accordance with
the applicant' s letter included herein as Attachment B:
1. Upon completion of Phase III and that part of Phase VII
which can be served by the existing gravity sewer, the
applicant shall proceed with Phase I as shown on the
original phasing plan.
2. Briarwood Drive shall built or bonded for construction
for its entire length from Austin Drive to Route 29
prior to any final plat approval for Phase I .
Briarwood Drive shall be completed with completion of
Phase I .
3 . Phases IV, V, VI , and the rest of Phase VII shall
proceed in that order in accordance with the original
phasing plan.
4. The recreational areas shall be constructed in
accordance with the letter from Wendell W. Wood dated
June 29, 1990.
3
ATTAGHN ENT A • -
ALBEMAILE COUNTY
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SECTION 32G
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BRIARWOOD
AUs11M PHASE 1 (Future Develot.1•tet)
0 PHASE 2 D6.714 Pp.23-47
®PHASE 3 D6.775 Pg.546
0 ��1��1. .. *� O PHASE 4 (Future Dewlolmem)
Q `- ��+� t� OvHASE 7 (False Oevelepmte4)
�4 r 4 °PHASE 6 (Future DevNopmeet)
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b�r* ,++'+' w °PHASE 7 06,775 Pg.566
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SECTION 32E I
_. ZMA 90-09 WOODBRIAR ASSOCIATES _ ��• \
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SECTION 32 E, 32G
N.CIZIENT B
UNITED LAND CORPORATION OF AMERICA
P.O. BOX 5548 CHARLOTTESVILLE, VIRGINIA 22903
TELEPHONE 804-979-3334
June 29 , 1990 `,; y 11•
Mr. Richard E. Tarbell , Planner ,jlj;_ n 1990
Department of Planning & Community Development
401 McIntire Rd.
Charlottesville , VA 22901PL
=`' N`;,j ' �`✓`�''�'►'�
Re: Briarwood
Dear Rich:
Tom Muncaster met with Ron Keeler and yourself on June 25 , 1990
to discuss the phasing of Briarwood. Phase 2 was built first
because the GE entrance was required. Phase I was indefinitely
deferred.
As Tom told you, the sanitary sewer has dictated subsequent phasing.
We are currently working on Phase 3 and part of Phase 7 which can be
served by the existing gravity sewer. The Phase IV Preliminary Plat
approved by the Planning Commission on March 27 , 1990 is actually
part of the original Phase 3 and Phase 7 .
Upon completion of Phase 3 and that part of Phase 7 which can be
served by the existing gravity sewer, we intend to go back and build
Phase 1, which will be served by the existing sewer. Also , Briarwood
Drive shall be constructed from Austin Drive to Route 29 at that time.
Briarwood Drive has already been dedicated to Route 29 .
The next logical progression is to bring the sewer up the river and do
Phases 4, 5 , 6 and the rest of 7 in that order in accordance with the
original phasing plan.
The rezoning requires two playgrounds , two primary recreation areas
and one tot lot. One playground exists and the second is to be built
with the 24 lots approved on March 27 , 1990 and is to be located behind
lots 9 and 10 of Phase 7 . The tot lot was built in conjunction with
the existing playground. The first primary recreation area consisting
of passive recreation areas shall be done at completion of Phase 5
and the final primary recreation area located South of Camelot shall be
built with the final phase of development of Briarwood.
Mr. Richard Tarbell
June 29 , 1990
Page two
Austin Drive shall be built to Route 606 as a condition of the
March 27 , , 1990 approval . That connection will provide two accesses
in accordance with County policy. Considering that and the above
information, we request deferral from the rezoning requirement that
Briarwood Drive be built to Route 29 . That construction will be
done when Phase I of Briarwood is completed.
Please let me know if you need any additional information.
Sincerely,
WOODBRIAR ASSOCIATES LIMITED
PARTNERSHIP
By: S-V Associates Limited Partnership ,
General Partner
By . �/ ,z,,
Wendell t Wood, -eneral Partner
ATTACHMENT
11[]CHll'1L'N 1 C • —
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lam
Department of Planning
ROBERT W.TUCKER. JR. 804/206-5823 RONALD S. KEELER
DIRECTOR OF PLANNING 414 FAST MARKET STREET ASSISTANT DIRECTOR OF PLANNING
CHARLOTTESVILLE.VIRGINIA 22001 DOUGLAS W. ECKEL
SENIOR PLANNER
• • January 29, 1980 NANCY MASON CAPERTON
PLANNER
• IDETTE CHARLIE KIMSEY
PLANNER
Mr. Wendell W. Wood
S-V Associates
Post Office Box 5548
Charlottesville, Virginia 22901
Re: Board of Supervisors Action
ZMA-79-32 (Briarwood RPN)
Dear Mr. Wcod:
This is to inform you that the Albemarle County Board of Supervisors at its
meeting on January 23, 1980 approved ZMA-79-32 with the following sixteen conditions:
•
1. Approval is for a maximum of 661 dwellings subject to conditions contained
herein. Locations and acreages of various land uses shall comply with
the approved plan. In the final site plan and subdivision process, open
space shall be dedicated in proportion to the number of lots approved.
Primary recreation areas to be owned and maintained through a homeowners
association approved by the County Attorney. Off street parking and access
shall be limited to the recreational area designated on "Plan A" and the
means to limit such access shall be part of the site plan review;
2. No grading permit or building permit shall be issued •in any area until
final site plan and subdivision approval for that area has been obtained;
3. Special use permit approval of sewer capacity adequate to serve the entire
development shall be obtained prior to any final site plan or subdivision
approval;
4. All road plan and entrance plan approvals shall be obtained prior to any
final site plan or subdivision approval. All roads shall be designed and
contructed to Virginia Department of Highways and Transportation specifications
and dedicated for acceptance into the State Secondary Road System. In review
of road plans, the County Engineer, guided by Virginia Department of Highways
and Transportation's letter of September 6, 1979, and such further consultation
with Virginia Department of Highways and Transportation as he deems desirable,
shall discourage alignment and design which would result in excessive grading.
Virginia Department of Highways and Transportation approval of access to
Route 29 North and Route 606. In review of such entrance plans, Virginia
Department of highways and Transportation is requested to be mindful of its
letter of September 6, 1979;
-46
Board of Supervisors Acti
ZMA-79-32
Page 2
5. No grading or construction on slopes of 25% or greater except as is necessary
for road construction as approved by the County Engineer. Any lot which is
unbuildable due to slope shall be combined with a buildable lot and/or added
to common open space subject to Planning Commission approval;
6. Fire Official approval of fire protection system including but not limited to:
fire flow rates, hydrant locations, and emergency access provisions. Such
system shall be provided prior to issuance of any certificate of occupancy
in the area to be served;
7. Albemarle -County Service Authority approval of plans for water lines, sewer-
lines, pumping station, and manholes and appurtenances which are to be constructed
at the expense of the developer;
8. Staff approval of recreational facilities;
9. Sidewalks shall be provided along roads serving 60 lots or more and major
collector streets to Route 29;
10. County Attorney approval of Homeowners' Association agreements prior to final
approvals;
11. Only those areas where a structure, utilities, pedestrian ways, recreation areas,
roads, and other improvements are to be located shall be disturbed; all other
land shall remain in its natural state;
12. No more than two phases shall be under simultaneous development "Plan B" phasing;
13. Lots along Camelot Drive and St. Ives Road are -Co be developed with single-
family detached dwellings and shall have a minimum lot width of 65 feet. All
other lots shall be developed with single-family attached units unless other-
wise specified in condition #15;
14. No final site plan or subdivision plat shall be approved as to any lot or
dwelling unit served by either road X or road Y prior to dedication to public
use and construction or bonding for acceptance into the Virginia State Secondary
Highway System of roads X and Y; .
15. Letter from United Land Corporation of America dated January 23, 1980, signed
Wendell W. Wood, written to the Albemarle County Board of Supervisors;
16. Site plan approvals for phases four and beyond shall be contingent upon evidence
that dwelling units in the earlier phases have substantially met the County's
goals and the developers' assurances that moderate income housing has been
provided.
• . Sincerely,
Julie Cushing
Planning Department
jc/
Iratyril
4;;;i%
, MAY 30 1990
PLANNING DIVISION
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
MEMORANDUM
TO: Richard Tarbell
Planner
FROM: Kathy B. Dodson )61,10
Zoning Assistant
RE: Briarwood
Road and Sewer Force Main Facilities
DATE: May 30, 1990
In response to your memo regarding the above, I offer the
following information:
(1) The bond in the amount of $196, 233 . 00 was increased
to $269, 233 . 00 in March of 1983 . The bond was
renewed over the years until 1987 . At that time
a new cost estimate in the amount of $308, 400. 00
was prepared. The developer did not care' to post
the bond in the increased amount. Mike Armm and
John Horne discussed the project and came to the
conclusion that the bond was no longer a require-
ment.
On June 25, 1987 , at 3 : 07 p.m. , I was informed by
John Horne that the plat was never signed nor recorded
and therefore, the plat was null and void. Both John
and Mike determined that there was no need for this
bond. Therefore, we let it lapse.
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