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Home My WebLink AboutZMA201800003 Action Letter 2019-08-21 1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 September 23,2019 Rush Otis 919W.Main St Charlottesville VA 22903 RE: ZMA201800003 Southwood Phase 1 Dear Ms. Otis, On August 21,2019 the Board of Supervisors took action on your Zoning Map Amendment on Tax Map Parcel Numbers 090000000001A0; 090A10000001 E0; 076000000051 A0 in the Scottsville District. The Zoning Map Amendment was approved by the Board's adoption of the attached Ordinance and Proffers. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above,no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with conditions of the ZONING MAP AMENDMENT • approval of and compliance with a SITE PLAN amendment; and • approval of a ZONING COMPLIANCE CLEARANCE. If you have questions regarding the above-noted action,please contact Megan Nedostup at 296-5832. Sincerely, egan Ne o p Principal Planner Planning Division Cc: Southwood Charlottesville LLC PO Box 7305 Charlottesville VA 22906 Rebecca Ragsdale Ordinance&Proffers ORDINANCE NO. 19-A(15) ZMA 2018-00003 ZMA 2005-00017 AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX PARCELS 09000-00-00-OOIAO, 090A1-00-00-OOIE0, AND 07600-00-00-051A0 WHEREAS, the application to rezone 33.96 acres from R2 Residential and Neighborhood Model District (NMD) on Tax Parcels 09000-00-00-OO1A0, 090A1-00-00-001E0, and 07600-00-00-051A0, including amending a portion of ZMA 2005-00017 Biscuit Run to remove the proffers from Tax Parcel 090A 1-00-00-001 EO, is identified as ZMA 2018-00003 Southwood Phase I ("ZMA 2018-00003"); and WHEREAS, on July 23, 2019, after a duly noticed public hearing, the Planning Commission recommended approval of ZMA 2018-00003; and WHEREAS, on August 21, 2019, the Albemarle County Board of Supervisors held a duly noticed public hearing on ZMA 2018-00003. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon consideration of the transmittal summary and staff report prepared for ZMA 2018-00003 and their attachments, including the revised Code of Development and the Proffers, the information presented at the public hearings, any written comments received, the material and relevant factors in Virginia Code § 15.2-2284 and County Code § 18- 20A.10, and for the purposes of public necessity, convenience, general welfare, and good zoning practices, the Board hereby approves ZMA 2018-00003 with the Code of Development entitled "Southwood Phase I — A Neighborhood Model District — Code of Development' prepared by Timmons Group, dated February 20, 2018, last revised on July 29, 2019, and the Proffers dated August 2, 2019. *sr I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on August 21, 2019. Clerk, Board of County Supervis Aye Nay Mr. Dill Y _ Ms. Mallek Y _ Ms. McKeel Y Ms. Palmer Y _ Mr. Randolph Y Mr. Gallaway Y PROFFER STATEMENT ZMA No. 2018-003 Original Proffers X Amendment Tax Map and Parcel Number(s): 09000-00-00-001A0, 090A1-00-00-OOIE0, 07600-00-00-051AO Owner(s) of Record: SOUTHWOOD CHARLOTTESVILLE, LLC Date of Proffer Signature: August 2, 2019 33.96 acres; TMP 90-1A (7.94 acres), TMP 76-51A (1.23 acres) to be rezoned from R-2 to NMD and TMP 90A1-lE (23.33 acres) which is to be rezoned from NMD to NMD. Southwood Charlottesville LLC, is the owner (the "Owner') of Tax Map and Parcel Number 09000-00-00- 001A0, 090A1-00-00-001E0, 07600-00-00-051AO (the "Property") which is the subject of rezoning application ZMA No. 2018-003, a project known as "Southwood Phase 1" (the "Project"). Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified above. These conditions are voluntarily proffered as a part of the requested rezoning and the Owner acknowledges that (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. This proffer statement shall supersede and replace in all respects the proffer statements approved by the Board of Supervisors in connection with ZMA 2005-00017. 1. Removal of Proffers and Amendment of Code of Development for Biscuit Run ZMA 2005-00017 included on Tax May Parcel 090A1-00-00-001E0. All existing proffers associated with the Code of Development, applications, and Application Plan for ZMA 2005-00017 relating to Tax Map Parce1090A1- 00-00-001EO are hereby removed and superseded by these proffers. Tax Map parcel 090Al-00-00-OOIE0 (along with parcels 09000-00-00-OOIAO and 07600-00-0051AO) shall comply with the application plan and the Code of Development, entitled, "Southwood Phase I, A Neighborhood Model District," dated February 20, 2018, last revised July 29, 2019. 2. Trails, Parks, Civic Spaces. a. Greenway Connections to Potential Adiacent County Parkland. At any time from approval of this rezoning application until the final certificate of occupancy is granted for Phase I, upon written request by Albemarle County, the Owner shall dedicate to the County, at no cost to the County and within six (6) months of the aforementioned written request, an easement, deed property within the 8.0 acre green space described in paragraph 2(b) to the County, and/or enter into an agreement with the County to provide a public trail connection between the Trail described in paragraph 2(b) below and any trail constructed by the County on abutting County property, TMP 09000-00-00-00500. The land under easement, associated trail connection, associated signage, and any associated structures shall be maintained in perpetuity by Albemarle County. b. Trail Network. The Owner shall establish a trail on the Property ("the Trail"), consistent with the County's design standards for a Class B type 1 primitive nature trail, within the 8.0 acre green space and amenity area shown and described as Block 1 on pages 5 and 7 of the Code of Development. The general location of the Trail is shown on the Application Plan on page 8 of the Code of Development; however exact trail locations shall be determined by the Owner based on site conditions and the then -current uses of the green space and amenity area and in coordination with the County. Installation of the Trail shall commence concurrently with the site work for Blocks 3-8 and the entire Trail shall be substantially completed prior to issuance of the one hundredth (100'b) Permit for a dwelling within Blocks 3-8. The Trail shall be maintained by a property owners association established for Southwood. The public trail connection between the Trail and a potential, adjacent County trail network mentioned in paragraph 1(a) shall be maintained by the County as described in section 2a above. c. Owner shall provide a pedestrian connection between the northern terminus of the trail within Block 2 to the existing natural trail along the northern edge of the Southwood Trailer Park. The trail may be provided as an enhanced sidewalk (minimum ten (10) foot wide) along the Phase 1 streets, a Class B type 2 pedestrian trail around the perimeter of Block 12, or, subject to agreement of VDOT and adjacent property owner, as a Class B type 2 pedestrian trail within the ROW along Old Lynchburg Road, to the public road reservation through TMP 76-51. The pedestrian improvements shall be constructed prior to the issuance of the 300th Certificate of Occupancy in Phase 1. SOUTHWOOD CHARLOTTESVILLE, LLC, a Virginia 7t�� By: Dan Rosensweig, Manager