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HomeMy WebLinkAboutZMA201500006 Staff Report 2017-06-20 COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 201500006 Shadwell Staff: Rachel Falkenstein Estates Planning Commission Public Hearing: Board of Supervisors Public Hearing: To Be June 20, 2017 Determined Owners: Country Inns Extraordinaire Inc. Applicant: Mitch Wiley, Clifton Inn Acreage: Approximately 28.05 acres Rezone from: Amend the proffers and application plan for previously approved PRD zoning (ZMA1977-24) TMP: 07900-00-00-023F0 By-right use: Current zoning is PRD showing up to 9 lots Location: 1296 Clifton Inn Drive on the west side of the lake. Magisterial District: Scottsville Proffers: Yes Proposal: Amend the proffers and application Requested # of Dwelling Units: 7 plan for the previously approved PRD zoning to allow for the development of seven residential lots on the property. Development Area: no Comp. Plan Designation: Rural Area - preserve and Rural Area: yes protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/acre in development lots) Character of Property: The property is mostly Use of Surrounding Properties: Clifton Inn and Stone wooded with a gravel access drive, a lake and Robinson Elementary School are to the west; to the east several areas of critical slopes. (across the lake) are two parcels zoned PRD but are under conservation easement; properties to the north and east are a mix of residential and wooded/open space rural area properties. Factors Favorable: Factors Unfavorable: 1. The revised application plan provides a 1. The proposal is not consistent with the Rural Area reduction from nine to seven lots from the policies of the Comprehensive Plan; however, this approved 1977 PRD. is an update to an old rezoning from 1978 that 2. The applicant has agreed to bring the dam predated many of the current policies. into compliance with DCR regulations prior 2. Disturbances to critical slopes will be required for to the subdivision of the property. the construction of the proposed road (a critical slopes special exception is requested) and there are critical slopes on five of the seven proposed lots. A reduction in the number of lots could reduce the amount of critical slopes disturbance. 3. Areas containing steep slopes and required stream buffer are included on individual lots rather than in common area. Including environmentally sensitive areas in common areas provides for a potentially higher level of preservation, though the applicant is providing for a "tree conservation easement" to protect these areas. RECOMMENDATION: Staff recommends approval of ZMA201500006 Shadwell Estates, provided changes are made to the proffers and application plan, as described below, prior to the Board of Supervisors meeting. JIreAnoc ii - o e-r1 C►;Foir\ 5? �( z� yo0 (5 ZMA. 5- 0 ho st ��v y i'eLeAJ ( re'e Gtec9 C�vk 5t. 5 - 1 9. 1 ZMA 2015-06 Shadwell Estates PC Public Hearing 6/20/2017 A(.�i o n 5 j rn rn a j 4,4 c. ;n 5,ev ruff, �- anc� n Hp.�clots a conCQ)(115: A r In `- (Ofn st&K ) �. S� 5 ' `1 C�r�o�hP)►JQ, 1twn� rob of e.� - a 1'0lo p5 STAFF PERSON: Rachel Falkenstein PLANNING COMMISSION: June 20, 2017 BOARD OF SUPERVISORS: To Be Determined ZMA 201500006 Shadwell Estates PETITION PROJECT: ZMA201500006 Shadwell Estates MAGISTERIAL DISTRICT: Scottsville TAX MAP/PARCEL: 079000000023F0 LOCATION: Located on North Milton Road (Route 729) across from Stone Robinson Elementary School. PROPOSAL: To amend the proffers for approved ZMA1977-24 to allow up to 7 residential lots. The following special exceptions are requested: Disturbance to critical slopes, modification of requirement for rectangular building site, modification of maximum setback requirement. Private Street authorization requested. PETITION: Request to amend proffers for ZMA1977-24 on property zoned Planned Residential Development (PRD) which allows residential (3-34 units/acre) with limited commercial uses. OVERLAY DISTRICT: Entrance Corridor(EC); Flood Hazard (FH) PROFFERS: Yes COMPREHENSIVE PLAN: Rural Area — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots). CHARACTER OF THE AREA The property is currently undeveloped. It contains a dirt and gravel access drive and overhead utilities. It is partially wooded with several areas of critical slopes. The eastern property line crosses through the center of a lake, which has 100-foot required stream buffer along its edge (Attachment A). To the west of this property is the Clifton Inn (same owners as the subject parcel). Stone-Robinson Elementary School is to the northwest. There are two parcels east across the lake that were part of the original PRD zoning. These properties are wooded and currently under conservation easement. South of the site are additional areas of woods and the Rivanna River. To the north is the community of Shadwell and the Intersection of Richmond Road (Rt 250) and Louisa Rd (Route 22). All adjacent parcels, except the two across the lake are zoned Rural Areas. SPECIFICS OF THE PROPOSAL In 1978 the Board of Supervisors approved a rezoning of this property from A-1 to RPN Residential Planned Neighborhood. In 1980, the County changed all areas of RPN to PRD Planned Residential District zoning. The previous rezoning applied to what is today three separate parcels (TMP 79-23F, 79C-1 and 79-23) consisting of approximately 92 acres. The PRD allowed for the development of the property into 39 residential lots. The application plan associated with the approved PRD shows 42 lots, 30 lots on the east side of the lake and 12 west of the lake (Attachment B). However, the approved conditions (ZMAs at the time were subject to conditions rather than proffers) associated with this rezoning limited the total number of lots to 39 and required a reduction from 12 to 9 lots on the west side of the lake (Attachment C). The applicant is requesting to amend the existing PRD zoning on an approximately 28 acre portion of the property west of the lake (TMP 79-23F)to update the application plan and conditions, submitted today as proffers. The proposal includes seven residential lots west of the lake, reduced from the approved nine lots. Updates to the proffers include removing previous conditions that are no longer applicable because of the reduction in size of the rezoned area and conditions that are obsolete because they are now required by ordinance. 2 ZMA 2015-06 Shadwell Estates PC Public Hearing 6/20/2017 The total acreage for TMP 79-23F is 28.05 acres. Approximately 6 acres will be added to two adjoining parcels with a future boundary line adjustment plat. These areas will retain their PRD zoning, but will not be part of the future development. Of the remaining 21.75 acres, the applicant proposes to develop 10.7 acres of the property as residential lots, 9.3 acres (43%) in open space and 1.75 acres in roads. APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant has made this request to in order to develop the property for seven residential units and to update the application plan and proffers. PLANNING AND ZONING HISTORY • SP #308 — 1973 request for the development of"Collina Planned Community" concurrent with a site plan application for the development of 130 acres into 90 single family lots, 120 townhouses and 1.5 acres of small shops. The application was denied. • ZMA1977-17 — 1977 request to rezone the property from A-1 to Residential Planned Neighborhood (RPN)/A-1 with 46 single family dwellings on 92 acres. The application was denied. • ZMA1977-24— request to rezone the property from A-1 to RPN/A-1 Residential Planned Neighborhood to allow the development of 39 residential lots on 92 acres. The application was approved on January 18, 1978. • The 1980 Comprehensive rezoning changed the property from RPN to PRD Zoning • ZMA2004-08 — Rezoning request to update the PRD plan and proffers on TMP 79-23 and 79C-1 to allow up to 23 lots on 66 acres. The application was withdrawn. • ZMA 2013-13 — Rezoning request to update the PRD plan and proffers on TMP 79-23 and 79C-1 to allow up to 24 lots on 66 acres. The application was withdrawn. • In 2014 TMPs 79C-1 and 79-23 were placed under conservation easement held by the Public Recreation Facilities Authority (PRFA). COMPREHENSIVE PLAN The Comprehensive Plan designates the property as Rural Area, which calls for the preservation and protection of agricultural, forestal, open space and natural, historic and scenic resources and recommends residential development be directed towards the Development Areas. Under today's policies, staff would not be supportive of a new application for a Planned Residential District in the Rural Area. However, this request is an amendment to an existing PRD and would result in fewer units than the originally approved PRD. Relationship between the application and the purpose and intent of the requested zoning district The PRD district is a residential district intended to encourage sensitivity toward the natural characteristics of the site and toward the surrounding area in land development. More specifically, the PRD is intended to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious physical development, and creative design consistent with the best interest of the county and the area in which it is located. The PRD provides for flexibility and variety of development for residential purposes and uses ancillary thereto. The proposed development includes 43% of the site as common open space, though the majority of this area is within the lake. Proposed lots include sensitive natural resources such as stream buffer and critical slopes. The applicant has proffered to protect areas of stream buffer, which includes a portion of the critical slopes, with a "tree conservation easement." However, there are some areas of slopes outside of this easement area on private lots. Staff believes that better protection of these resources could take place if the applicant places all areas of stream buffer and critical slopes in common open space to be owned and maintained by the homeowners association. The applicant prefers to retain them on individual lots to retain the large lot size. If the resources are not to be placed in common open space, staff recommends that the tree preservation easement be expanded to cover all areas of critical slopes on private lots. 3 ZMA 2015-06 Shadwell Estates PC Public Hearing 6/20/2017 The applicant is requesting a special exception for the disturbance of critical slopes for the construction of the roadway (see analysis provided below). The area of slopes to be disturbed is only a small portion of the total area of slopes on site and the disturbance is unavoidable if access is to be provided to the southern portion of the property. Anticipated impact on public facilities and services Streets: Access to the site will be via North Milton Road with an entrance directly across from the southern entrance to Stone-Robinson Elementary. Access to the individual lots will be via a private street (see private street request analysis below). Due to the small number of lots being proposed, significant traffic impacts are not expected from this development. VDOT and engineering staff have no objections with the proposed street layout. Schools: Students living in this area would attend Stone-Robinson Elementary School, Burley Middle School, and Monticello High School. Based on average school enrollment statistics, a residential development of this size would typically include about 3 school age children. Fire and Rescue: The East Rivanna Fire Station provides fire services to the area. The Pantops Rescue Squad provides rescue service during the day and Charlottesville-Albemarle Rescue Squad provides service on weekends and nights. The site contains a dry hydrant on the southern portion of the property with a 20' lane for Fire/Rescue access. Fire/Rescue staff has no objection with this development as proposed. Utilities: This property is located in the County's jurisdictional area for water only to existing structures. There are no existing structures on the site and the proposed houses will not be eligible for public water. Because the property is not in the Development Areas and does not have any existing structures, it will be served by private well and septic systems. The Health Department has reviewed the proposal and was not able to comment on the appropriateness of the proposed drainfield locations because soils work was not provided by the applicant. The applicant will be required to provide soil studies for Health Department approval prior to the subdivision of the property. It is important to note that if the applicant has difficulty locating well sites or finding suitable drainfield locations on the proposed lots, then this development would not be eligible for an extension of public water or sewer service. Current Rural Area policy precludes the extension of public utilities to the Rural Area unless there is a demonstrable public safety issue. Lots that do not pass a percolation test or that do not have well sites to serve future developments will not meet the criteria for the extension of public utilities into the Rural Area. Since there is a history of difficulty with finding suitable well and drainfield sites in this area, staff recommends the applicant consider adding a note to the application plan to allow for fewer, larger lots, if adjustments are needed to find suitable well or septic sites. This would allow the applicant to increase lot sizes and adjust boundary lines, so long as a 30,000 square foot building site on each lot is still achievable. Anticipated impact on environmental, cultural and historic resources As mentioned above, significant areas of critical slopes and a required stream buffer are proposed on private lots. Even though the plat will show a tree conservation easement and deed restrictions will be put in place, homeowners are not always made aware of such restrictions. Given the location of the tree conservation areas between the backs of the proposed houses and the lake, staff is concerned that homeowners may have a desire to clear their backyards for lake views and easy access to the water. Furthermore, the tree conservation easement does not cover some areas of critical slopes on individual 4 ZMA 2015-06 Shadwell Estates PC Public Hearing 6/20/2017 lots. If areas of critical slopes and stream buffer are to be retained on individual lots staff recommends that the tree conservation easement be expanded to include all areas of critical slopes on lots. There are no known cultural or historic resources on the site, but the property is located adjacent to the Clifton Inn, which is on the National Register of Historic Places. The property is also within the Southern Albemarle Rural Historic District. New residences will be visible from the Clifton Inn and the applicant has stated an intention to convene an architectural review board consisting of HOA members to ensure architectural compatibility with the Clifton Inn, but this has not been included as a proffer. Staff recommends the HOA architectural review be included as a proffer with language to allow historic preservation staff review of the architectural standards. Historic preservation staff have reviewed this request and do not anticipate negative impacts to historic resources if the residences are architecturally compatible with the Clifton Inn and allowing staff review of the architectural standards can ensure this compatibility. Though the site is within the Entrance Corridor, the Design Guidelines do not apply to single-family detached houses, so no ARB review is required for this proposal. The property is also located within the Monticello viewshed. Staff from Monticello have reviewed the request and have no objections with the proposed amendment. There is a dam above the lake, which, in 1978, was in need of repair. Staff is not aware that any of the repairs ever took place. DCR is requiring that the dam be inspected by and certified by their Division of Dam Safety (Attachment E). The applicant has proffered DCR review of the dam prior to subdivision of the parcel. Staff is supportive of the intent of this proffer but the proffer language should be updated for clarity, as described in more detail below. Anticipated impact on nearby and surrounding properties If the areas identified as tree conservation areas on the application plan are preserved, the development will be well screened from adjacent properties, except from the Clifton Inn to the west, which has the same ownership. Due to the limited number of new houses, significant impacts to nearby and surrounding properties are not anticipated. Public need and justification for the change The applicant is amending the proffers and application plan to bring the site into compliance with today's standards. While there is no demonstrated public need and justification for a residential development in this location, due to prior approvals of a much larger development, the proposed plan reduces the number of new lots and brings the proposal closer into compliance with Rural Area policies. PROFFERS The applicant has provided proffers, which are listed below (Attachment F). 1. The PRD is to be modified to a maximum of 7 lots plus open space. The open space, stream buffer will be protected by a tree preservation easement and deed restrictions in the HOA documents and will be recorded with the first plat. 2. DCR review of the dam and any requirements from the inspection for improvements will be done prior to recording of the first subdivision plat. Staff recommends the following modifications to the proffers: 1. The proffers should reference the application plan and significant features such as the amount and location of open space and a maximum number of lots. 2. The tree preservation easement should be a separate proffer and should indicate who approves the deed restrictions (County Engineer and County Attorney). 5 ZMA 2015-06 Shadwell Estates PC Public Hearing 6/20/2017 3. Proffer 2 should be edited for clarity. Language should be added stating the dam is required to be certified by DCR's Division of Dam Safety and to comply with all recommendations of DCR for dam repairs, maintenance and operations prior to approval of the first subdivision plat. 4. Consider adding a proffer to require architectural review of the residences under the HOA to ensure architectural compatibility with the Clifton Inn and CDD staff review of the HOA architectural standards prior to recordation of the first subdivision plat. 5. Technical fixes to the proffers are needed. Staff recommends the following modifications to the application plan: 1. The tree preservation area should be extended to cover all areas of critical slopes and required stream buffer on private lots. 2. Language referencing that Area Z and Area Y will revert back to RA zoning should be removed from the plan (these areas will remain zoned PRD). 3. All special exceptions should be listed on the application plan (critical slopes, building site modification, increased maximum setback) and the private street authorization. 4. Consider adding a note to allow a reduction in the number of lots and increased lot sizes, in case adjustments are needed to find suitable well and septic sites. PRIVATE STREET AUTHORIZATION REQUEST The applicant has requested private street authorization to allow a private street to serve the proposed development (Attachment G). The Subdivision Ordinance requires Planning Commission approval for any private streets in the Rural Areas, with the exception of private streets serving two-lot or family subdivisions. The Commission may authorize a private street under Section 14-232(A), provided the findings in section 14-232(C) are made. The applicant is requesting this private street to alleviate significant degradation to the environment and has submitted analysis and justification as required by this section and listed below: (ordinance language presented in bold italics followed by staff comment). (i) the property is within either the rural areas (RA) or village residential(VR) zoning districts; The subject parcel is in neither in the rural areas or village residential zoning districts; however, it is in the Rural Area of the county as identified in the Comprehensive Plan. Characteristics of the development are similar to other RA subdivisions. (ii) the private streets will alleviate a clearly demonstrable likelihood of significant degradation to the environment of the property or any land adjacent thereto resulting from the construction of a public street in the same alignment; The applicant provided an exhibit as part of the justification for the private street request (Attachment H). The exhibit demonstrates that to meet VDOT requirements the public street must provide for interconnectivity and would require a much longer street than the proposed private street. The exhibit shows the required extension of Clifton Lane as a public street with the same alignment and right-of-way as proposed for the private street request; however, the public street exhibit shows a connector road from the cul-de-sac at the end of Clifton Lane to Randolph Mill Lane, an existing private street along the adjacent property line. The applicant has stated that the total volume of grading for the construction of a public street would be 432% more than the amount of grading needed for the private street. Constructing the private street without the requirement for the second connection alleviates significant degradation to the environment because it avoids disturbance to large areas of critical slopes and reduces clearing, grading and the overall amount of impervious surface on the site. (iii) no alternative public street alignment is available which would alleviate significant degradation of the environment; 6 ZMA 2015-06 Shadwell Estates PC Public Hearing 6/20/2017 No alternative public street alignment is available which would avoid disturbing additional areas of critical slopes. Additionally, extending the street any additional length as would be required to provide interconnectivity would increase the amount of impervious surface on the site, which would in turn, increase stormwater runoff. (iv) no more lots are proposed on the private streets than could be created on a public street due to right-of-way dedication; and No additional lots are proposed than could be created on a public street. (v) the proposed private streets demonstrably promote sensitivity toward the natural characteristics of the land and encourages the subdivision of land in a manner that is consistent and harmonious with surrounding development. County Engineering staff has analyzed the proposed street as required by Section 14-232. Staff has found that the location and design of the proposed private street promotes sensitivity towards the natural environment, due to the avoidance of additional critical slopes. The subdivision meets the requirement for authorization for a private street under this section. ANALYSIS OF SECTION 14-234: Per Section 14-234(C), the Commission may authorize a private street in a subdivision if it finds that one or more of the circumstances described in section 14-232 exists and that: (ordinance language presented in bold italics followed by staff comment) 1. The private road will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision; The amount of traffic expected on the proposed private street is minimal. The design is adequate for this type of traffic and shall meet the private road standards as specified in Section 14-412 of the Subdivision Ordinance. 2. The comprehensive plan does not provide for a public street in the approximate location of the proposed private road; The Comprehensive Plan does not provide for a public street in the location of the proposed private street. 3. The fee of the private street will be owned by the owner of each lot abutting the right-of-way thereof or by an association composed of the owners of all lots in the subdivision, subject in either case to any easement for the benefit of all lots served by the street; The private street will be owned and maintained by a homeowners association composed of the owners of all lots in the subdivision. Staff review and approval of road plans and a private street maintenance agreement will be required prior to the approval of the subdivision of the property. 4. Except where required by the commission to serve a specific public purpose, the private street will not serve through traffic nor intersect the state highway system in more than one location; and The private streets will not serve through traffic, nor intersect the state highway system in more than one location. 5. If applicable, the private street has been approved in accordance with section 30.3, flood hazard overlay district, of the zoning ordinance and other applicable law. As proposed, the private street will not impact the flood plain. CRITICAL SLOPES SPECIAL EXCEPTION REQUEST The applicant requested a special exception to allow for the disturbance of critical slopes on the site (Attachment I). Planning Commission action is not required for the special exception request; however, the Board may consider a recommendation by the Planning Commission. 7 ZMA 2015-06 Shadwell Estates PC Public Hearing 6/20/2017 The applicant is proposing to disturb 0.2 acres of existing critical slopes to allow for the construction of the private road. According to the applicant, the slopes to be disturbed are in grassed areas and were created when the existing gravel road was constructed. The slopes to be disturbed represent only 2.3% of the total area of critical slopes on site. Engineering staff has reviewed the request under the requirements of section 4.2.5(A)(1) and has no objection to the proposed critical slope disturbances. Since the slopes appear to be manmade, staff believes that strict application of the requirements of Section 4.2 regarding preservation of critical slopes would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare. Staff recommends that the special exception for the disturbance of critical slopes be approved by the Board with the condition that any land disturbing activity located within the critical slopes comply with the Design Standards of Section 30.7.5 of the Zoning Ordinance. This would prevent the creation of additional manmade steep slopes on site and require that any resulting slopes be more gradual in nature and appearance. BUILDING SITE SPECIAL EXCEPTION REQUEST The applicant requested a special exception to allow for a modification of the rectangular shape requirement for a building site on the proposed lots (Attachment J). This special exception will apply to all seven proposed lots on the property. Planning Commission action is not required for the special exception request; however, the Board may consider a recommendation by the Planning Commission. County Code § 18-4.2.2(a)(3) authorizes the Board to waive or modify the rectangular shape requirement for a building site by special exception upon consideration of the recommendation from the Virginia Department of Health and consideration of the following circumstances: (ordinance language presented in bold italics followed by staff comment) . (i) The parcel has an unusual size, topography, shape, location or other unusual physical condition; A majority of the parent parcel is comprised of the lake, the stream buffer and critical slopes. In order to fit the proposed street and seven lots within this long, narrow parcel, the building site special exception is needed. Each proposed lot includes a 30,000 square foot building site, but due to the shape of the parcel and the presence of slopes and WPO buffer, the building sites are not able to be perfect rectangles, though they are, for the most part, rectangular in shape. According the applicant, he has made every effort to provide the rectangular building sites on each lot, but due to the irregular lines on the edges of the stream buffer and critical slopes, the building sites are not able to meet this requirement`If the applicant were proposing fewer lots with this division, it may be pgRsible for lots to achieve the rectafigWar building site as required by ordinance*however, the seven lots already represents a reduction in the number of lots previously approved. (ii) No reasonable alternative building site exists; There are no alternative building site locations for the seven lots as proposed. (iii) Modifying or waiving the rectangular shape would result in less degradation of the parcel or adjacent parcels than if those dimensions were adhered to; The building sites are 30,000 square feet and, according to the applicant, provide for enough area for the home site, primary and reserve drainfields and a well site on each lot. Allowing the irregular shaped building sites allows disturbances to be kept out of critical resources and therefore will result in less degradation to the slopes, stream buffers and wooded areas on the site. 8 ZMA 2015-06 Shadwell Estates PC Public Hearing 6/20/2017 The Virginia Department of Health has not yet granted approval of the individual onsite sewage systems for this proposed subdivision. The applicant has stated that he worked with and AOSE to identify areas for primary and reserve drainfields on each lot. Health Department approval of drainfield locations within the proposed building sites will be required prior to approval of the subdivision of the property. MAXIMUM FRONT SETBACK SPECIAL EXCEPTION REQUEST The applicant has requested a special exception to modify the maximum front setback of 25 feet for PRD zoning (Attachment J). Planning Commission action is not required for the special exception request; however, the Board may consider a recommendation by the Planning Commission. County Code § 18- 4.19(4) authorizes the Board to increase the maximum front setback requirement by special exception to accommodate low impact design, unique parking or circulation plans, or a unique target market design. The applicant is proposing the maximum front setback be modified from 25 to 125 feet to accommodate a unique target market design. The applicant's justification for this request is that because the property is located in an historic area and adjacent to Clifton Lake, the larger maximum setback of 125 feet will help maintain the rural character of the property. Even though this property is zoned PRD, staff is supportive of this request due to the location of the subdivision in the Rural Area of the County. Neighborhood Model principles were intended for developments within the Development Areas of the County and are not necessarily applicable to Rural Area subdivisions. Staff recommends approval of the maximum setback special exception. SUMMARY Staff has identified the following factors, which are favorable to this request: 1. The revised application plan provides a reduction from nine to seven lots from the approved 1977 PRD. 2. The applicant has agreed to bring the dam into compliance with DCR regulations prior to the subdivision of the property. Staff has identified the following factors, which are unfavorable to this request: 1. The proposal is not consistent with the Rural Area policies of the Comprehensive Plan; however, this is an update to an old rezoning from 1978 that predated many of the current policies. 2. Disturbances to critical slopes will be required for the construction of the proposed road (a critical slopes special exception is requested) and there are critical slopes on five of the seven proposed lots. A reduction in the number of lots could reduce the amount of critical slopes disturbance. 3. Areas containing steep slopes and required stream buffer are included on individual lots rather than in common area. Including environmentally sensitive areas in common areas provides for a potentially higher level of preservation, though the applicant is providing for a "tree conservation easement" to protect these areas. RECOMMENDATION Staff recommends approval of ZMA201500006 Shadwell Estates, provided revisions are made to the proffers and application plan, as described above, prior to the Board of Supervisors meeting. PLANNING COMMISSION MOTION: A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201500006 with revisions to proffers and application plan as recommended by staff. B. If the ZMA is recommended for denial: Move to recommend denial of ZMA20150006 with the reasons for denial. 9 ZMA 2015-06 Shadwell Estates PC Public Hearing 6/20/2017 • MOTION FOR PRIVATE STREET AUHTORIZATION: A. Motion for approval: Move to approve the private street request for ZMA201500006 with the private street in the location shown on the application plan. B. Motion for denial: Move to deny the private street request for ZMA201500006 with reasons for denial. ATTACHMENTS A— Location map B— 1978 Approved application plan C— 1978 Approved conditions D—ZMA2015-06 Application plan E — Letter from DCR regarding dam F—ZMA2015-06 Proffers G — Private street authorization request H — Public street exhibit I — Critical slopes special exception request J — Building site special exception request 10 ZMA 2015-06 Shadwell Estates PC Public Hearing 6/20/2017 ZMA2015-06 Shadwell Estates Location Ma -79-5 79:4- Legend 79-10A 7A2--0G-13 (Note.Soma items on map may not appear in legend) 9A2--OGI12, �79A2 1 0G-979A2--OG-11 V 79-10 ��� 5 �..� N 79A2--0G-879A2--OG-10� prcw[ �an• PSG 7. 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II il 1 I I; , II \� — �.: r a,nuc ocer l f — ' Jr ) 7„----T- ,..\ , A ,, . .. ,, //,\\\ / _ _ ,fig / \ v\ •�. / A � Y' �\ _ _ ` t1l- ,, . 1tluKp a ( , i / /} • FiNicAMA7`�i FtRE T 7, it/ II i \ it I' I I / ,'-� l 1 - ( JEGT C1.lLL ATIr7NS: !' . 41 fi 1 -¢71-A > 1 Act. alarm j' 4.,,_.Sr.,_.•.,.. ri._ A m0 b + 1 . • . / /R1P-LiG Ke?tu.�(VON io1/4?...S0) = (�sx,) xa 71 FKbATE 'S (15'L3&V r-:D 91-0.3LE FTAVL-(ye-N.+u,1.311 4:. 20 @UW) eratr., STY 45 SHADWELL HEIGHTS MASTER PLAN PREPARED BY: ENVIRONMENTAL 1'I SHADWELL VIRGIN SCALE 1 = 100 INTERFACE LTD I� NOVEMBER 1977ill fcvt d9hR • or( OF AL9EM c • Planning Department aO41298•:1823 414 BAST MARKET STREET CHARLOTTESVILLE. VIRGINIA 22901 RONALD G.KUFLIR Roma W. TUCKER. JR. ASSISTANT DIRICTOA OA PLANNING OIAMCTOR OR ►LANNINO MARY JOY•CALA January 25, 1978 11111011001►LANNxR CARLOS M.KONT[NIrdRO PLAN NQ R Dr. Charles W. Hurt 1290 Seminole Trail Charlottesville, Virginia. Re: BOARD OF SUPERVISORS ACTION Request for ZMA-77-24 Dear Dr. Hurt: This is to advise you that the Board of Supervisors at its meeting January 18, 1978, approved your request to rezone 92 acres from A-1 to A-1/RPN ( County Tax Map 79, Parcel 23, part thereof; and County Tax Map 79C, Parcel 1 ) subject to the following conditions: 1. Written Health Department approval; 2. Virginia Department of Highways and Transportation approval of entrance facilities; 3. Albemarle County Engineering Department approval of all internal roads and private drives with adequate turnaround space at the end of each; 4. Virginia Department of Highways and Transportation approval of internal state roads; 5. No dwelling units nor spetic fields to be built on slopes in excess of 25%; 6. No dwelling units nor septic fields to be built within 50 feet of the lake water's edge at mean level to be determined by the Virginia Department of Health; 7. The applicant will have a certified engineer test the existing dam and certify that it is safe to the satisfaction of the County Engineer; 8. A maintenance agreement for the maintenance of all common areas, recreational facilities, private drives, and the dam to be approved by the County Attorney's Office and recorded; 9. Final subdivision approval will be subject to the County Engineer's Office approval of central water systems; 10. A grading permit will be required prior to subdivision approval; 11. All lots are to have access to common open space; 12. An approved secondary drainfield location must be provided for each. lot; 13. That the Virginia Department of Highways and Transportation review the intersection of Route 250 East and Route 709 in order to determine whether signs or warning lights are necessary; if it is determined that controls are warranted, they • shall be installed at the developer's expense; 14. County Engineering Department approval of right-of-way widths; • Dr . Hurt. January 25, 1978 Page 2 15 . The number of lots in the development is limited to 39, with the reduction from the number of lots shown on plan presented to the Board of Supervisors meeting of January 18, 1978, to be made along Route 729 on the west side of the lake; 16 , The developer is to install a road across the dam ( non-dedicated) to provide access to Route 729; 17 . Setback from Route 729 shall be 100 feet from the centerline of the road. Sincerely, • Jane Gloeckner Planning Department 7g/ cc: file :--S.-14:- G bAPPLICATION PLAN ��\n � ` / _' : — ==� �� '� W I l� /J(114:,/,,./ii,,,,,,‘,/,,,,,,,..:‘,,,,,,‘,.;Es.\,.. 1 /.'� /ram \� - . ✓ �� �nFOR y\ ���� '�'- _ �� _ - . j ► .\„ ,yo oC�� • --)1 - \�, o � ;. - -%- • \' ^nog e�AMENDMENT TO ZMA 77-24 /r f��` \ ^^ ,,\��,� f\�;J ,)- , 1 \ \\ :7: :1.-':: Z /y i. y /.SH (//�/��p\\y ®®IUI�1II/A11pp�`11T1III�-ICI 11' 11l IIII�1I 11 (//�/��ppy I I `,'`II �\ \ �\\\� m �' % •°ti S9%� f \ o L Y / Y Y JULJL�d I JL 1 1 + ( �\ \ \ 1 jAif6.Y J / ��� ry N V)TAX MAP 79 PARCEL 23F \\ \\., \\\ I MP 2,0 = o,400 �'�„� ` p COUNTRY,fNNS m to z w wI ,' \\\ \'�_ �� \ \ \ 1 t \ �I £XTRAORDINAIRE INC. 0' ( o cass. SCOTTSVILLE DISTRICT -- ' !II �\ALBEMARLE COUNTY VIRGINIA /r%� -' ' -\- \- \'' z I l i I'%!(/((:/ ''F A 79-ZNA \ `\ \\. az • 1' COUNTY OF ALBEMARLE SCHOOLBOARD ATTN SUPERINTENDENT OF 1, \ ao SCHOOLS SITE DATA y ZONING. xA �/� I L01 3 v $SHEET INDEX lad(,' {'I("(\ 6 � ` \ w_v, zMA NUMBER. ZMA 77-24 1` ` \ C-001 " COVERSHEET (11 ' 11\-I�A\� C ;,\ \ • Lot I \ O 5 VJ la]N W I FGAI RFFERFNC' : TAX MAP 79 PARCEL 23F C-100...... MASTER PLAN ,1`,I�i<,i, ! ,\ (]:W` S3amo� f C-101 MASTER PLAN �\\+� O �+i,� `\I ) \., I ) gay l s \ , I \ I—I P: syic �\ y„+\\� lit , I 1 1 / _ ry F' a SOURCE OF TITLE. DB 1131, PAGE 233 'Id 4 ,1 1 , \ - _ 1- a a LEGEND I I " ,,' \,\\\\" \Vigo, �" �.°ate; PARCH ADDRFC�. NOT ASSIGNED LEGEND +\1,`� W A7,C7rsaso BSL BUILDING SETBACK LINE 4t,I \\\�\ ` `\ .- Lot 4 'y ; - -_ ,- �I z a o a G OWNER/APPLICANT. COUNTRY INNS EXTRAORDINAIRE INC PDF PRIMARY DRAINFIELD(CONCEPTUAL) �� s 1 \ \ \\\\ \� ' i o • 1296 CLIFTON INN DRIVE RDF RESERVE DRAINFIELD(CONCEPTUAL) I�1'\ i' f\ , \\ \\ \ =�.-., 1 I I I I r \\� Z W a CHARLOTTESVILLE, VA 22911 WELL(CONCEPTUAL) )''t i ��`1 \�`•� _1 I ;r I,� \ W ZONING. PARCEL WAS REZONED TO PRD IN 1977 !' • CRITICAL SLOPES ,I 1 \�\\ l " _ '\I\111t\1 \ - a.CD V A.fir" = `z MAGISTERIAL DISTRICT SCOTTSVILLE I I BUILDING SITE(DIMENSIONS ARE �/ ?' "MAXIMUM LENGTH AND MINIMUM WIDTH) + -.�'� r_- go Sis A. _ '1 I Ir f •� . SOURCE OF BOUNDARY' PLAT RECORDED IN DB 1128, PAGE 536 4'0j1544 -pep ,; • Vr 51i \ i }1 1 • / r _ SOURCE OF TOPOGRAPHY 4-FOOT CONTOUR INTERVAL FROM ALBEMARLE COUNTY NOTES: 4 �� ' t GIS DATABASE (USGS DATUM) I The purpose of this amendment to ZMA 77-24 is to revise the eight lots and 1 K I ,,Area r cr,Imn )1,;l open space on Parcel 23F A IMP• 7 -Tp 1 akr 1 2. This matter plan demonstrates that a dwelling,well,primary dram Odd,and i (9l.4 r,41 !\ 1 i 1 CURRENT USE. VACANT reserve drain field can be constructed on each la without encroaching onto \ 1 a FFk00RDiAARt INC •«., -slopes excess of ca%and t Man 100 feet from the leke. ,, 5 1 --F' _ Thor xsll be no public spaces and amenities PROPOSED USE: RESIDENTIAL 1_xi i � ;\ '4. There will be no areas designated as conservation or preservation areas ♦ \,\ WATER AND SEWER. PRIVATE WELL AND SEPTIC 5 The prove by Health ofDepartlots y be reduced d well and d amfield cannot be 1 approved by Heahh Department. :\ \ � k\ \ STORM WATER MANAGEMENT: EXISTING POND SHALL PROVIDE STORM WATER rxf 7s z3 _T ,7 \ IIS Ili ir n vIRCINu uer0 TRusr i y,.MANAGEMENT LAND USE&AREA SUMMARY: A ❑ ) A cHARtes lrx ra\ Total Parcel Area .28 05 Acres ) 1 •\ ❑ --BNIRL2Y S _ '1- / Less Area X 2.20 Acres Y?�l - - ��7 TRUSTEES _ l� - ,/'r SPECIAL EXCEPTIONS. Less Area .... Igo Acres ( l ZONING PRD - -L 1 CRITICAL SLOPES WAIVER TO ALLOW DISTURBANCE OF 0 2 ACRES OF SLOPES. Less Ara Z 2.30Acres ; 0.: I �- 'i ` n 2 BUILDING SITE MODIFICATION TO ALLOW 30,000 SF NON-RECTANGULAR BUILDING Residue 2175Acres `\ t I / F - - SITES ON LOTS 1-7 ,', ( ---- 4 d- - 'S Area in Las 10.70 Acres 149%l • �I\ \ N l` �{i / o -' o 0 3 MAXIMUM SETBACK INCREASED TO 125 FEET ,\ r g Area m Open Space 9.30 Acres(43%) 4 PRIVATE STREET APPROVED BY THE PLANNING COMMISSION ON 6/20/2017 1 I Area m Roads 1 75 Acres(8%) 'G,'t l 1 i ` j Proposed Use.Seven residential lots 1 S 2L a ll // /1 / -•-'E \ - .. Dwelling Type 2-story single family detached L„�\ ' �}'., i A-ea 1 -T r& i // (i 1 O Minimum Front Setback-25' i \\ b� 1 -r }� n Lot E ;, , i i l - 1 \ �/ n m m n Maximum Front Setback-125' '\ (• �� S. { �+ I/•, �; / i I & e o e o Side Setback sI u � �' 4� ! Open I +r i r1l i• i /// _. y. j i E E E E Rear Setback-25'or Stream Butler ---1s1 Space A Oil �1 0000 / / r I EEEE / ���J�� BUILDING SITE TABLE / a\ { /i ` _ Miximum Minimum ` , 1� / a Lot No. Length Width Ratio \ .\ 5 ((()(\ ' ,� t ~ / i,/ -,,/,/ _. -..4 \ /° 1 234 99 2.5:1 ^` \I\1\\t, 1 v i'`\ \ • Ln. '} i . —_ ,� \✓i'� '\f z .. 2 278 98 28:1 l\ aMt \"`\ I / /%��r � Q'.-'r' / 3 307 82 L7:1 \ �`'I �' , \, 'I P 79-23 j,� ll /�l ,� -__'� ail \ , / \ ah \ C NTRY I S' f / / / \� / 7 / r /- 4 207 124 L7:1 i -/' r r _0 �.. A\ -, LA? ORDINA 'E INC ��/ .'.%/(� _�_ 7��r/r r 0.? 5 272 90 Lill ,11 \ ' ONING. PRD 7iIP 79-C 1 d-Q , 6 275 75 3.7:1 I'\ -8.05 CRES VIRGINIA LAND TRUSYr' -% 1'/ 7 285 69 4.0:1 \, f �� CHARLESRLE IN FISHEmmeR ! -'' l i \ \ �OHNTRY INNS ,j / \!1 j 7 I [x] ORD/NAIRE INC 7 SHIRLEY L FISHER \` 1\ 7 W S v \ TRUSTEE'S 1 7\\ ( __ Z �\ \ ,\\ V%• 20N/NC RA ZONING PRD 3 'll, \ \\� Q ,,, / ' ///-.-1 I 1 i e" 0 ,\\1 \ \ ' -— .-.'"',..--:- 1-.. 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'- "..,•-"-, / ; I. , , ..___ , I \ ...‘ s‘ \\\0\'s, '‘, , ::::111__-- ip"proxiniete ' ''.' • • ' 'i ! , , , I ) , , • v`, \ \\ s•\\‘`' ' \--. ---------- Location of ,' i ' / /Lot 6 ). __---- ',IS!r1711-1-4-1-•---- i ' L----- _,----____, i 1 -- •• 11,1 I 1 1 , i 1''1 1'1"•''II : ' I %it:),''; ,W .'•-''''.- 1 ) ,,..,.. 1/1c1, , roisoi I //if, j I f,)2) 7 7/;', 17.-::''- ? ..----- % -1Z.--2--- ‘- \, : :ft, / I ;'',1/////' '-j I i L, ---_ -- - --. -.-- //, ,,,, , , .- ..) . — --- !:t '1 1 1 ‘ ..i.) • , ., „-- ------ /'•' '"/,'," ," :"r / ' ----:-:----.-.-----•,- ‘, \\.\ s \\\''t ,; , . . i , , . ,"-;'..------------"' .• ;',.-- ' 's\ ') ‘1,v 1: ,,,,'' ' •, ', • .__. / / ,- / -- ,, , ,, _ ------ '- / ' •,/ ",,/ ( , , , ' / 1 . . , \\'\ s s•::‘\s‘s :, ‘,i ' L"7 •A , • /,, ,, , ,` \•\\\ .:\.'• " /1 ,,' ' " • " '---- , YMP 79-36 , `, \\•,i \‘',''',.:, Cliflon ii / , „ \‘\‘`, ,, COUNTRY INNS EXTRAORDINAIRE\ING. \ Is- \\‘‘'‘',10,',',',•', 0 Lake // _, COP 79-C-I /,„ ,' ,VIRCIA7A LAND-TRUST CHARLES IIM-HURT , ZONING. RA 20.0 ACRES 41- \\ \ \),: ',\\'',i',,I') ' __II.,1 • R SHIRLEY L FISHER.TRUSTEES ,..", • ' `, ,•,',,'', W., /,,‘ ' ' \\‘)\ ''IIIYI'Ill ,' ZONING PRD , \ ___-- ' ,'//'. .•; /' r __,.., i' /l i ' _-- ' . \' /7 ,A \ `' ) \\‘‘‘ ,‘)1110' '1 '1 1/,,'iy / .. \\, • ,, Au'/ , , //,/,',\ \\,' ' '. ,,, ',) llyvo,,. a ,,,/,, i : ‘ , • ,, „.^, , \ ---- III i;: ).0\,,,,,il_lir----,,,,/, , , , . tit';iliCi'o\ I: ..-1; , \ \\ s\ 1,.\:, lq\1‘ktkRk-I '1.1-.;7',/,;" 411;if 1' 1 . • , -------'.-11' \ /7 , ‘1/I\ ,, , , Vo., 1,./ I I: ,--,,L T-;--a."-_:7----1------A-.• ', \1 f),:, I A... / t !I , , ,.. / ...^, ; ) ; , , ,/ , ,, , ' -....., s.._ S ,, „ • '1_., \ ,\, ', . \ j A','•,' , N., '--- -----..------------ -------- I :: -, , ',...-,----, , , , ,...:- - , ,,, !I/,, • . )'\N"\---// /), ,- -- -- HIH,;'(‘ ', s,, _-; , ,',',",\,, s-• •- ...---:------,-----,---.-- \ . ,., -,.-_-'----,Ii . ‘Y,IIH, , , COMMONWEALTH of VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION Division of Dam Safety 900 Natural Resources Drive Charlottesville,VA 22903 (434)244-0653 January 31,2017 Country Inns Extraordinaire, Inc. Tim Miller of the Meridian Planning Group 1413 Sachem Place Suite I Charlottesville, VA22901 Re: Albemarle County Dam, Virginia(Dam at Clifton Inn Property) Inventory No. 00836 Dear Mr. Miller: A dam located the Clifton Inn property in Albemarle County is of regulatory size and needs to be certified by the Department of Conservation and Recreation, Division of Dam Safety. The Division has determined the dam to be at least 40 feet in height and to have a maximum holding capacity of 249 acre-feet of water. With few exceptions, dams that are 6 feet in height or higher and create a maximum impoundment of 50 acre-feet or greater shall be regulated. In addition dams that are greater than 25 feet in height and create a maximum impoundment of 15 acre-feet or more shall be regulated. Thus,the dam appears to be of a regulatory size(greater than 6 feet in height and greater than 50 acre-feet). You will need to hire an Engineer registered in the State of Virginia to verify the height of the dam and maximum capacity the impoundment. Additional information may be found and downloaded from the website at http://www.dcr.virginia.gov/dam safety and flooplains/index.shtml. Should your engineer verify that the dam is of regulatory size, the dam will need to be brought into regulations as described in the website, including: Your Engineer will need to inspect your dam, provide the required information listed in the Regulations with appropriate documentation and completing the following documents and mailed to my attention at the above address within three (3)months from the date of this letter. I. Operation and Maintenance Certificate Application for Virginia Regulated Impounding Structures, (DCR 199- 099) 2. Record Report for Virginia Regulated Impounding Structures (DCR 199-100) 3a. Emergency Action Plan(see 4VAC-50-20-175J of the Regulations for the Documentation required) if the dam is a High or Significant Hazard or 3b. Emergency Preparedness Plan For Low Hazard Virginia Regulated State Parks•Storm water Management•Outdoor Recreation Planning Natural Heritage•Dam Safety and Floodplain Management•Land Conservation Impounding Structures (DCR 199-103) 4. Department of Conservation and Recreation, Certificate and Permit Application Fee Form(DCR 199-192). 5. Inspection Report for Virginia Regulated Impounding Structures (PDF)(form DCR199-098) Copies of the Regulations and DCR Forms in WORD and .pdf are available on the above referenced DCR website. Your Engineer will need to properly evaluate the dam to determine the appropriate Hazard Class of the Dam following 4VAC-50-20-40 and 4VAC-50-20-54 of the Regulations. Guidance Documents explaining Hazard Class determination procedures and inundation mapping procedures are also available at the above listed website. The dam owner shall submit all forms, studies and calculations to this office for review. In addition you will need to mail the required administrative fee paid by check, draft, or postal money order payable to the Treasurer of Virginia along with the DCR Certificate and Permit Application Fee Form(DCR 199-192)to Virginia Department of Conservation and Recreation, Division of Finance, Accounts Payable, 600 East Main Street, Richmond, Virginia 23219-2094. Please do not send the Fee Form and Check to my office in Charlottesville, since this would delay the review of the submitted documents. You will need to respond to this Office regarding these issues within 90 days of the above date. Your cooperation in this matter is greatly appreciated. Should you have any questions, you may contact me at(434)244-0653 or send a letter to my office or email me at robert.vanlier(,dcr.virginia.gov. Sincerely, Robert J. V ier, PE Regional Dam Safety Engineer c: David Dowling,Deputy Director Dam Safety and Floodplain Management Original Proffers Amendment PROFFER ;STATEMENT ZMA No. ZMA 20150000E "Shadwell Estates" Tax Map and Parcel Number(s): 07900-00-00-023F0 Owner(s)of Record: Country Inns Extraordinaire,Inc Date of Proffer Signature: U//2-5/l 7 28.05 acres to be,rezoned from PRD to PRD Country Inns Extraordinaire,Inc, is the owner(the"Owner")of Tax Map and Parcel Number 07900-06-00-023F0(the "Property")whip: is the srbject of rezoning application ZMA No.ZMA 201500006, a project anewn as"Shadwell Estates"(the"Project"),which includes the application plan prepared by Meridian Planning Group,LLC entitled, "Application Plan for Shadwell Estates," last revised July 24,217. Pursuant to Section 33.3 of;he 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 proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. 1. Development of the Property shall be limited to no more than seven(7)detached single family dwellings,as shown on the application plan; 2. The tree preservation easement areas, as identified on the Projects application plan, sH !be preserved to the satisfaction of the Lirector of Community Development or his designee.An easement plat and deed resti ictions to protect the tree preservation easement areas shall be subject to approval by the County Attorney and recorded prior to or with concurrent with the first subdivision plat for the Property. 3. The applicant shall be required to certify the dam with the Department of Conservation and Recreation, Division of Dam Safety(DCR)and complete with all DCR's recommended darn repairs,maintenance and operations prior to approval of the first subdivision plat for the Property. 4. The applicant shall adopt architectural guidelines to ensure historical compatibility of the residences on the property with the adjacent Clifton Inn property.The architectural guidelines shall be reviewed and subject to approval by the Director of Planning,or his designee, for historical compatibility with the Clifton Inn and shall be adopted into the Property's Homeowners Association(BOA)covenants and restrictions prior to, or concurrent with,the first subdivision plat for the Property.The I-IOA shall enforce with the archit,:gte:al guidelines contained in the covenants and restrictions. OWNER Country Inns Extraordinaire,Inc �tde-ktefrWz_n_ z OWNER it-a( By: Mitch Wiley Title: President County Inns Extraordinaire,Inc �' r REDMON,PEYTON & BRASWELL,L.L.P. Attorneys at Law 510 KING STREET, SUITE 301 ALEXANDRIA,VIRGINIA 22314 Telephone(703)684-2000 Facsimile(703)684-5109 email: ifrodgers1a`tpb-law,corn JOHN F.RODGERS (Admitted in.Virginia,District of Columbia and Florida) August 25, 2017 To whom it may concern: RE: Country Inns Extraordinaire, Inc. I have reviewed the records of Country Inns Extraordinaire, Inc. It is my opinion that T. Mitchell Willey(aka Thatcher Mitchell Willey)is the President of Country Inns Extraordinaire, Inc. and has authority to sign documents and bind the Corporation. V 1y yours, F. od rs f RECEIVED AUG 2 5 7017 COMMUNITY DEVELOPMENT ,r • MERIDIAN Pt.A\\IV;GROUP,I I.0 Engineering• Surveying •Planning 440 Premier Cu cle,Suite 200 Charlottesville,VA 22901 Phone•434 882.0121 January 19, 2017 www merithanwhe coin Rachel Falkenstein Senior Planner Albemarle County Planning Department 401 McIntire Road Charlottesville,VA 22902 RE: ZMA 201500006 SHADWELL ESTATES TMP 07900-00-00-023F0 PRIVATE STREET AUTHORIZATION REQUEST Dear Rachel; This is a Private Street Authorization Request for the Shadwell Heights subdivision. The Zoning Sec 14-232 allows for approval of a private street under the following circumstances: 1. To alleviate significant degradation to the environment. ii. The private streets will alleviate a clearly demonstrable likelihood of significant degradation to the environment of the property or any land adjacent thereto resulting from the construction of a public street in the same alignment. iii. No alternative public street alignment is available which would alleviate significant degradation of the environment. iv. No more lots are proposed on the private streets than could be created on a public street due to right-of-way dedication, v. The proposed private streets demonstrably promote sensitivity toward the natural characteristics of the land and encourages the subdivision of land in a manner that is consistent and harmonious with surrounding development. Attached are plan and profile sheets for the proposed alignment of public streets that would meet VDOT requirements for this subdivision. To meet VDOT requirements the public street must stub out to the property line of the adjacent parcel to allow inter-connectivity. The plan and profile sheets shows Clifton Lane as a public road with the same alignment and right-of-way as proposed for the private road request. In addition,they show the alignment of a public Connector Road from the cul-de-sac at the end of Clifton Lane to the property line of the adjacent parcel. The total volume of grading for construction of Clifton Lane and the Connector Road is 31,900 CY. The total volume of grading for construction of Clifton Lane as a private road is 7,316 CY. The public street would require 432% more grading than that of the proposed private street. Page 1 Consequently, the following circumstance apply to this private road request • The private road will alleviate a clearly demonstrable likelihood of significant degradation to the environment. • There are not alternative public street alignments that would meet VDOT requirements and reduce the volume of grading. • The right-of-way dedication for the private street is the same as the right-of-way dedication for a public street,therefore,no additional lots are proposed on the private street. • The total volume of grading for the public street is more than 30%greater than that of the private street. • The proposed private street will significantly reduce the loss of tree cover and indigenous vegetation, which reduces the impacts of erosion and sedimentation,storm water runoff and surface water pollution. Please let me know if you need additional information. Sincerely, Timothy Miller, P.E., L.S. Principal Page 2 To whom it may concern: The Clifton Inn respectfully requests a private road to service exclusively the seven individual cottages which are the core of the Clifton Culinary Cottage development. Clifton has devoted the last 32 years to creating a tranquil, understated and environmentally sensitive retreat,which attracts guests from all over the world.These guests inform us,virtually every day, about how extraordinary it is to retreat to Clifton which is so understated and has so beautifully preserved the historical integrity of the property. Since its conception the Clifton Inn has designed its roads as well as its gardens and amenities to blend with the landscape and to be as unobtrusive as possible.This design aesthetic sends a message to the casual passerby that this is a private property and is not appropriate for the public to use as a common gathering space or as a site for noisy or environmentally disruptive activities. A public road would not only destroy the beautiful village model that we have worked so hard to create and preserve but would also likely destroy the tranquility of what people have come to expect at Clifton. In addition, we have contemplated a streetscape that is much more in keeping with the family compound as opposed to a typical small real estate development.Therefore,a private road is far more harmonious with what has been so carefully cultivated at Clifton over the past three decades and which we hope will survive for many decades to come. Respectfully, Mitch Willey; Managing Partner Clifton Inn 1296 Clifton Inn Drive, Charlottesville,VA 22911 clifton-inn.com p.434-971-1800 • i f iwOcywSmxs 9h - 1�',I ¢ •3I y '' r't S ...MS — o�•. Ix+SOMLIA6 E ' SI r 1 -"--- ir" ter_' N�.�s,AE 952.)1 / .6y( /' / s ��- xa,.>• iO+SD,59.,9 , r / � / /j ;` -, 14._ __ __ ,.+00re0 V Alpp j • -. _ N �I,` yM�E11 M PVC STAt }p,gp \` IH501S9.4 r� I PVC 2,1' .V0 �' \ .�(C�V i i Mt? 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APPLICATION PLAN FOR MERIDIAN DATE.01/1•/17 ;' SHADWELL HEIGHTS PLANNING GROUP, LLC SCALE:AS SNOWY ,' ,ft,„0 ,,,, .. 1 ENGQJEERING•SURVE.sumo 0LANNING �..mW tiwmW: 415 ING•S RVE sort•zao `` �. ����Plan and Profile For CHAP° °Jt'vJ 121 oESKJ.m e = 1 oW:.u-na'J-Olal W Conceptual Public Streets W2REAIS.c° cnmWm a: • MERIDIAN P1 ,NNr.( GRcIt i', i.LC Engineering• Surveying• Planning 4-40 Premier Circle,Suite 200 Charlottesville,VA 22901 Phone:434.882.0121 April 4,2016 www.meridianwbe.com Rachel Falkenstein Senior Planner Albemarle County Planning Department 40] McIntire Road Charlottesville,VA 22902 RE: ZMA201500006—SHADWELL HEIGHTS CRITICAL SLOPES WAIVER REQUEST Dear Rachel; This is a Critical Slope Waiver Request for the Shadwell Heights subdivision. a. The critical slopes that will be disturbed are in grassed areas. Most were created when the existing gravel road was constructed. b. The plans show the disturbance will be limited to a small portion of the road construction. c. The Parent parcel has a total area of 28.05 acres. (The residue after proposed the boundary lines adjustments will be 21.75 acres.) d. The approximate area of critical slopes on the parent parcel is 8.4 acres,which equates to 30%of the total area of the parent parcel. e. The approximate area of critical slopes to be disturbed is 0.2 Acres,which equates to 2.3% of the total area of critical slopes. Section 4.2.5(A)(1) i. Rapid and/or large-scale movement of soil and rock: The proposed road grading will be linear in nature,which results in a small-scale movement of soil and rock from one part of the road to another. There will be no large-scale movement of soil and rock to or from the site. ii. Excessive stormwater run-off: The total drainage area above the critical slope to be disturbed is 2.8 acres of primarily grassed area.The stormwater run-off from this small drainage area will be minimal. iii. Siltation of natural and man-made bodies of water: Adequate erosion control measures will be provided in order to ensure that siltation does not enter Clifton Lake. These erosion control measure will be required as part of the road plan approval process. iv. Loss of aesthetic resources: The proposed road construction is basically widening the existing gravel road so there will be no effect on the aesthetic resources. v. In the event of septic system failure,a greater travel distance of septic effluent(collectively referred to as the"public health, safety and welfare factors")that might otherwise result from the disturbance of critical slopes: The critical slope that will be disturbed by the road construction will have not be detrimental to the public health,safety and welfare since the area to be disturbed is so minimal,there will not be any public access to the area during the construction,and the erosion control measures installed prior to construction would result in a greater travel distance in the event of septic system failure. Page 1 Please let me know if you need additional information. Sincerely, Timothy Miller,P.E.,L.S. Principal Page 2 • MERIDIAN Pi.`s •::vlt`;,C,r OLP,LLC Engineering• Surveying • Planning 440 Premier Circle,Suite 200 Charlottesville,VA 22901 Phone:434.882.0121 February 6, 201 7 www.mcridianwbe.com Elaine Echols Albemarle County Planning Department 401 McIntire Road Charlottesville, VA 22902 RE: ZMA 201500006—SIIADWELL ESTATES SPECIAL EXCEPTION REQUEST FOR RECTANGLE BUILDING SITES. Dear Elaine; This is a Special Exception Request per Section 4.2.2 to allow for a 30,000 square for building site that is rectangular in shape but not a perfect rectangle as required in Section 4.2.2 for the following reasons: 1. The parcel has an unusual size, topography, and shape,which does allow fora 30,000 square foot building site, but not they cannot be perfect rectangles. 2. Every effort has been made to provide perfect rectangular building sites, but no reasonable alternative building sites exist. 3. The building sites are 30,000 square feet in area and rectangular in shape. These building sites will result in less degradation of the parcel and adjacent parcels. Please let me know if you need additional information. Sincerely, Timothy Miller, P.E., L.S. Principal Page 1 • I MERIDIAN PLANNING GROUP,LI,C Engineering• Surveying • Planning 440 Premier Circle,Suite 200 Charlottesville,VA 22901 Phone:434.882.0121 January 18,2016 www.meridianwbe.com Rachel Falkenstein Senior Planner Albemarle County Planning Department 401 McIntire Road Charlottesville,VA 22902 RE: ZMA 201500006—SHADWELL HEIGHTS SPECIAL EXCEPTION REQEUST FOR MAXIMUM SETBACK Dear Rachel; This is a Special Exception Request to increase the Maximum Setback for this subdivision. This property is located in an historic area and adjacent to Clifton Lake. In order to maintain the rural character of this property a Maximum Setback of 125 feet. Please let me know if you need additional information. Sincerely, Timothy Miller, P.E., L.S. Principal Page 1