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HomeMy WebLinkAboutZMA202100001 Action Letter 2023-02-16V February 15, 2023 County of Albemarle Community Development Department - Planning Steve Edwards Edwards Design Studio 4936 Old Boonsboro Rd Lynchburg VA 24503 steve@edwa rdsdesienstud i o.com Andy Reitelbach areitelbach@albemarle.ora Telephone: (434) 296-5832 ext.3261 RE: ZMA202100001 Willow Glen Action Letter Dear Mr. Edwards, On February 1, 2023, the Board of Supervisors took action on the above noted Zoning Map Amendment on Tax Map Parcel Numbers 032000000049F0; 03200000004910; and 032000000049J0; in the Rio District. The Zoning Map Amendment was approved by the Board's adoption of the attached Ordinance No. 23-A(1 ) and the amended Proffer Statement dated January 20, 2023. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with the approved ZONING MAP AMENDMENT • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. Should you have questions regarding the above -noted action, please contact me. Sincerely, Andy Reitelbach Senior Planner II Cc: Dickerson Ridge LLC 690 Berkmar Cir Charlottesville VA 22901 eeorgeravir@gmail.com WWW.ALBEMARLE.ORG 401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579 ORDINANCE NO.23-A(1) ZMA 2021-00001 AN ORDINANCE TO AMEND THE ZONING MAP FOR PARCELS 03200-00-00-049F0,03200-00-00-04910, AND 03200-00-00-049JO WHEREAS, an application was submitted to rezone 19.27 acres on Parcels 03200-00-00-049F0, 03200-00- 00-049I0, and 03200-00-00-049JO from its zoned Planned Residential Development (PRD) to be rezoned with the amended plan and proffers; WHEREAS, on November 22, 2022, after a duly noticed public hearing, the Planning Commission recommended approval of ZMA 2021-00001; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Albemarle, Virginia, that upon consideration of the transmittal summary and staff report prepared for ZMA 2021-00001 and their attachments, including the Application Plan last revised January 5, 2023 and the Proffers revised January 11, 2023, 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 § 18-19.1, and for the purposes of public necessity, convenience, general welfare, and good zoning practices, the Board hereby approves ZMA 2021-00001 with the revised Application Plan entitled "Willow Glen Phase 2 — Rezoning PRD Amendment Application for Dickerson Overlook" prepared by Edwards designStudio, dated January 19, 2021, last revised on January 5, 2023, and the Proffers revised January 11, 2023. �*a I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of five to zero, as recorded below, at a meeting held on February 1, 2023. Clerk, Board of County Supervise Aye Nay Mr. Andrews Absent Mr. Gallaway Y Ms. LaPisto-Kirtley Y Ms. Mallek Y Ms. McKeel Y Ms. Price Y Original Proffers Amendment X PROFFER STATEMENT ZMA 2021-00001 (Amendment to ZMA 2006-00019) Project Name: Dickerson Overlook (Willow Glen Phase 2) Parcel Numbers (hereinafter, collectively, the "Property"): 03200-00-00-049FO (3.63 acres), 03200- 00-00-049I0 (4.57 acres), 03200-00-00-049JO (11.07 acres) Owner of Record (hereinafter the "Owner"): Dickerson Ridge, LLC Date: Approximately 19.27 acres zoned Planned Residential Development (PRD) with proffers to be rezoned PRD with amended Plan and proffers Dickerson Ridge, LLC, a Virginia limited liability company, is the sole owner of the property identified as Albemarle County Parcel Numbers 03200-00-00-049170, 03200-00-00-049I0, and 03200- 00-00-049J0, which is the subject of an application (ZMA 2021-00001) for the amendment of ZMA 2006-00019, a project known as "Willow Glen Phase 2" (the "Project"). The Project's Application Plan, dated January 19, 2021, last revised January 5, 2023, prepared by Edwards designStudio, consists of Sheet Z4 of the plans entitled, "Willow Glen, Rio District, Albemarle County, Virginia Rezoning Amendment Application" (the "ZMA 2021-00001 Application Plan"). The Application Plan approved with ZMA 2006-00019, entitled "Willow Glen," dated September 17, 2007, and prepared by Terra Concepts, PC (the "ZMA 2006-00019 Application Plan") will continue to regulate the development of Willow Glen Phase 1, except as to the removal of the vehicular connection between Phases 1 and 2. Pursuant to Albemarle County Code § 18-33.7, the Owners hereby voluntarily proffer the conditions listed below, which will apply to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the requested rezoning. The Owners specifically deem the following proffers reasonable and appropriate, as conclusively evidenced by their signatures below. 1. Removal of ZMA 2006-00019 Proffers as to Willow Glen Phase 2: All existing proffers associated with the Application Plan for ZMA 2006-00019 (the "Original Proffers") are hereby removed as to Parcel Numbers 03200-00-00-049170, 03200- 00-00-049I0, and 03200-00-00-049J0, and are hereby superseded by these proffers. 2. Sidewalk along Property frontage on Dickerson Road. At the time of construction of the right turn taper into the southern entrance to the Project, the Owners will construct a sidewalk along the southwest boundary of the Property in the Dickerson Road right-of-way from the southern entrance into the Project to a point 185 feet southwest along the southwest boundary line. The attached exhibit, entitled "Willow Glen Dickerson Road Conceptual Sidewalk Improvement Exhibit," dated March 21, 2022, prepared by Edwards designStudio (the "Exhibit"), illustrates the general location of the proposed sidewalk. When the parcel south of the Project, currently identified as Parcel Number 32-56A, is developed such that the owner of such parcel may be required to construct a sidewalk along the frontage of that parcel, the Owners will convey to the owner of such parcel a temporary grading and construction easement necessary for the completion of the construction of the sidewalk from the southern end of the sidewalk to the Property's southern boundary line. The conceptual size and location of the temporary grading and construction easement is illustrated on the Exhibit. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.] K Signature Page for Proffer Statement for Dickerson Overlook (Willow Glen Phase 2), ZMA 2021-00001 Parcel Numbers: 03200-00-00-049F0, 03200-00-00-049I0, 03200-00-00-049JO OWNER: DICKERSON RIDGE, LLC, a Virginia limited liability company By: George W. Ray, Jr., Manager