The URL can be used to link to this page

Home My WebLink AboutZMA201000010 Action Letter Zoning Map Amendment 2011-09-23�'IRGINl�` COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 December 21, 2011 Justin Shimp, Shimp Engineering P.C. P.O. Box 1113 Troy, Va 22974 RE: ZMA201000010 Peter Jefferson Overlook and SP201000039 Peter Jefferson Overlook Offices Tax Map Parcel: 07800- 00- 00 -055A7 Dear Mr. Shimp: On December 14, 2011 the Board of Supervisors took action on the above noted petitions on the above noted parcel. REGARDING ZMA201000010 By a vote of 6:0, the Board approved this rezoning in accordance with the attached proffers dated November 21, 2011 and application plan dated October 18, 2010. Please refer to these documents for any future applications and requests on this property. REGARDING SP201000039 By a vote of 6:0, the Board approved this special use permit allowing offices with no conditions. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty -four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." 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 applicable PROFFERS; • compliance with provisions of SPECIAL USE PERMIT; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. Mal Original Proffer Amendment X Amendment to ZMA 200400009 PROFFER FORM Date of Proffer. Signatures: 11121126 7 ZMA # 201000010 Peter Jeffers n erlook Tax Map and Parcel Number(s): 07800- 00- 00 -055A7 2.089 Acres to be rezoned from PRD to PRD (With Amended Proffers) 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 rezoned with the offered plans approved for development (hereinafter, the "Property "). These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. The proffers below replace and supersede the proffers accepted in conjunction with the rezoning entitled ZMA 2004 -00009 1. Sidewalks as shown on the Application Plan shall be installed by the Owner to the standards of the Virginia Department of Transportation ( "VDOT ") and the County of Albemarle. Sidewalks shall be installed prior to issuance of the first certificate of occupancy for the Property. Sidewalks not within the U.S. 250 right -of -way shall be maintained by the Owner in accordance with County standards. 2. Prior to issuance of the first certificate of occupancy on the Property, the Owner shall complete construction of the extension of the existing right turn lane and taper, the existing left turn lane and taper, and any additional related improvements required by VDOT (collectively, the "extension improvements "). The extension improvements shall be deemed complete when they are approved by VDOT. 3. The existing fieldstone wall and hedgerow, located on the Property's eastern line shared with Tax Map 78B Parcel 1, shall be incorporated into the final site plan as shown on the Application Plan. The Owner shall be responsible for preserving and maintaining the portions of the wall and hedgerow that are on the Property in a consistent manner with landscaping and site features on the approved site plan. 4. The Owner shall adhere to the architectural elements of the "Monticello Viewshed Guidelines for Developers" established by the Thomas Jefferson Foundation, a'copy.of which is attached hereto. WITNESS the following signatures: By: Dav Peter Jefferson Overlook, LLC Owner of Tax Map and Parcel Number 07800- 00- 00 -055A7 U 4 MONTICELLO VIEWSHED GUIDELINES FOR DEVELOPERS 1. Monticello is renowned for its vistas. Those from three areas are paramount: a. From the northwest terrace (elevation 871 feet). This promenade is where visitors exit from the house tour and begin to explore the landscape. b. From the shuttle bus stop northeast of the house. c. From the "First Roundabout," the uppermost road that encircles the house. This primary pedestrian road is approximately a half -mile in circumference. 2. Parking lots are best concealed when located on the far side of the building (as viewed from Monticello) and the area broken up by plantings. 3. Building facades are less intrusive if articulated and not monolithic. 4. Earth -tone colors such as reddish -brown brick help to soften the visual impact of a building. If not adopted for the street side, consider it for the back of the building if it faces Monticello. 5. Dark roofs (black, gray) are preferred. Expansive flat roofs can be camouflaged by mottled patches of light and dark stone. 6. Screening by a long narrow border of trees of a single species should be avoided. 7. Consider a canopy of lofty trees (such as tulip poplars) to screen out development if the vista from Monticello is angled down on the site. The lower limbs of the trees can be pruned to open ground -level views while protecting the vista from Monticello. 8. The lighting of buildings and parking areas should be shielded to eliminate glare. aL ti � �IRGINZ�FJ COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4176 September 23, 2011 Justin Shimp, Shimp Engineering P.0 P.O. Box 1113 Troy, Va 22974 RE: ZMA201000010 Peter Jefferson Overlook and SP201000039 Peter Jefferson Overlook Offices Tax Map Parcel: 07800- 00- 00 -055A7 Dear Mr. Shimp: On September 13, 2011, the Albemarle County Planning Commission, by a vote of 4:0 approved a motion to recommend denial of the above -noted petition to the Board of Supervisors. This recommendation of denial was based on the following staff recommendations: The Planning Commission recommends denial of ZMA201000010 and SP20100039 Peter Jefferson Overlook as recommended by staff for the reasons noted below. • The proposed office use is not in compliance with the Pantops Master Plan and no compelling justification has been provided for developing office, rather than residential uses on the property. • The proposal for the site is so overdeveloped that the design requires street trees to be planted in the VDOT right -of -way along U.S. 250 and grading /construction easements will be necessary to construct the retaining wall along the north side of the property. • The applicant has requested a 10 percent reduction in the amount of required parking spaces, but has provided no explanation or justification for the request. • The applicant has not applied for a critical slopes waiver, so staff has not analyzed whether such a waiver should be recommended. If such a waiver cannot be granted later in the site plan process, the applicant will be left with an unbuildable project. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting to be determined. It is the Board of Supervisor's preference that a public hearing not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296 -5832. Sincerely, Claudette Grant Senior Planner Planning Division Cc: Peter Jefferson Overlook LLC C/O David S Witmer 912 East High St Charlottesville Va 22902 FINAL ACTIONS Planning Commission Meeting of January 18, 2011 AGENDA ITEM /ACTION FOLLOW -UP ACTION 1. Call to Order. • Meeting was called to order at 6:02 p.m. by Mr. Zobrist. PC members present were Mr. Loach, Ms. Porterfield, Mr. Franco, Mr. Smith, and Mr. Zobrist, Chair. Members absent were Mr. Lafferty and Mr. Morris, Vice Chair. Ms. Monteith was present. • Staff present were Elaine Echols, Amelia McCulley, J.T. Newberry, Trevor Henry, Lindsay Harris, David Benish, Sharon Taylor, Glenn Brooks, John Jones, and Greg Kamptner. 2. From the Public: Matters Not Listed for Clerk: Public Hearing on the Agenda. No Action Required • None 3. Work Sessions: Clerk: • No Action Necessary Capital Improvements Plan Presentation - FY 12 -16 Capital Improvements Program Amendment Year: Trevor Henry, Manager of Office of Facilities Development, presented a Power -Point presentation to explain the Oversight's Committee recommendations for this year's CIP. No formal action taken. 6. ZTA- 2010 -00008 Farm Winery Staff: Outdoor /Amplified Noise Regulations The Commission asked staff to postpone Discuss Farm Winery Regulations Relating scheduling a public hearing on February 8 so staff to Outdoor Amplified Music. can further study the concerns /issues raised as (Amelia McCulley) outlined by the Commission, meet with the wineries for input, and bring back information to The Planning Commission held a work the Commission for another work session prior to session. The Commission received staff's drafting ordinance. No public hearing date set at presentation, took public comment, and this time. (Attachment 1) discussed the issues. Staff was asked to come back with additional information as noted in Attachment 1. No formal action taken. The Planning Commission took a ten minute break at 7:36 p.m. The meeting reconvened at 7:46 p.m. 7. ZMA- 2010 -00009 Republic Capital Staff: PROPOSED: Rezoning of 20.54 acres from Action Letter — Staff to work with applicant to address Light Industrial which allows industrial, concerns and questions. (Attachment 2 — Planning office, and limited commercial uses (no Commission Comments) residential use) to Light Industrial which allows industrial, office, and limited commercial uses no residential use to amend proffers. No residential units are proposed. PROFFERS: Yes COMPREHENSIVE PLAN LAND USE /DENSITY: Industrial Service - warehousing, light industry, heavy industry, research, office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01 -34 units /acre) ENTRANCE CORRIDOR: Yes LOCATION: Located on west side of Route 29N, at the intersection with Northside Drive TAX MAP /PARCEL: 03200000002200 MAGISTERIAL DISTRICT: Rio (Eryn Brennan) A work session was held to discuss the issues related to the proposed zoning map amendment. The Commission received a presentation from staff and the applicant, took public comment, and provided input and direction on the questions posed by staff as noted in Attachment 2. No formal action was taken. The Planning Commission took a break at 9:24 p.m. The meeting reconvened at 9:28 p.m. 8. ZMA- 2010 -00010 Peter Jefferson Staff: Overlook & SP- 2010 -00039 Peter The applicant needs to work with the adjacent Jefferson Overlook Offices. neighborhood residents. Staff to take the request PROPOSALS: Rezone 2.09 acres from to the PCAP for input. Pantops Place PRD Planned Residential District - residential (3 - 34 units /acre) with limited commercial uses to PRD Planned Residential District residential (3 - 34 units /acre) with limited commercial uses and Special Use Permit for commercial offices. No residential units are proposed. SECTION FOR SP: 19.3.2.9 which allows offices by special use. PROFFERS: NO. EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Urban Density Residential - residential (6.01 -34 units /acre) and supporting uses such as religious institutions, schools, commercial, office and service uses in Pantops Neighborhood. ENTRANCE CORRIDOR: Yes LOCATION: NE Corner of Route 250 / Pantops Mountain Road. TAX MAP /PARCEL: 07800-00-00 - 055A7. MAGISTERIAL DISTRICT: Rivanna (Elaine Echols) The Commission held a work session on the proposal to amend the Pantops Place PRD for the development commonly known as Jefferson Heights on Route 250 East in Pantops, which was submitted in November 2010. The Commission received a presentation from staff and the applicant, asked questions, took public comment, and made comments as noted in Attachment 3. No formal action was taken. 9. Old Business Secretary: • None None 10. New Business • Staff to present training on parliamentary procedures at an upcoming meeting. Mr. Morris and Mr. Lafferty have some input from a recent seminar. 11. Adjourn to January 25, 2011, 6:00 p.m., Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. • The meeting was adjourned at 10:06 p.m. Attachment 1 — ZTA- 2010 -00008 Farm Winery Outdoor /Amplified Noise Regulations — Planning Commission Work Session Comments Attachment 2 — ZMA- 2010 -00009 Republic Capital — Planning Commission Work Session Comments Attachment 3 — ZMA- 2010 -00010 Peter Jefferson Overlook & SP- 2010 -00039 Peter Jefferson Overlook Offices — Work Session Comments. 3 ATTACHMENT 1 ZTA- 2010 -00008 Farm Winery Outdoor /Amplified Noise Regulations Work Session — Discuss Farm Winery Regulations Relating to Outdoor /Amplified Noise Regulations. A work session was held to discuss the farm winery regulations relating to Outdoor Amplified Music. Staff presented a PowerPoint presentation Public comment was taken from the following persons: • Bert Page, neighbor of Keswick Vineyards • Philip Strother, attorney for Schornburgs • Al Schoenberg, owner of Keswick Vineyards • Cindy Schornberg, owner of Keswick Vineyards • Art Beltone, adjoining landowner • John Henry Jordan, adjoining landowner • Sissy Spacek, nearby landowner • Nanette Derkac, adjoining landowner • Stephen Barnard, winemaker at Keswick Vineyards • Kathleen Jump • Barbara Lundgren of Keswick Vineyards • Pierce Derkac • Judith Sommer, nearby landowner • Jeff Werner of the Piedmont Environmental Council • Tim Hulbert of the Chamber of Commerce • Joe Hall of Albemarle County • Kris Schoenberg of Keswick Vineyards • Charlotte Shelton of Albemarle Ciderworks The Planning Commission requested staff to bring back additional information to address the following basic concerns regarding outdoor amplified music noise levels before drafting the ordinance language or scheduling the public hearing: 1. The need for better enforcement or more direct enforcement opportunities; 2. The fact that there appeared to only be a noise problem with one County winery; and 3. The appropriate measurement level. Other suggestions made that would be helpful include the following: 4 • bring in the County Engineer; • have staff find out exactly what the police can and cannot do; • try to do exactly what Ms. Monteith has been saying concerning the timeliness of enforcement, i.e. when somebody calls with a complaint how do they get it looked at right then and not a week or month later when another event comes up; and • other pieces of that type of information. • Staff to investigate what lower decibel reading would be and then get input from the wineries to see if enforcing that lower decibel level would be seen as something that they would object to in being treated differently and what the result of that would be. No formal action was taken. 5 ATTACHMENT 2 ZMA- 2010 -00009 Republic Capital — Planning Commission Work Session Comments The Planning Commission held a work session to review the proposal to amend and consolidate those proffers associated with the development on the subject parcel approved on February 18, 1988. The proposed amendments pertain primarily to consolidating the proffers regarding the buffer area adjacent to Airport Acres and reducing the depth of the buffer. The applicant submitted a request on November 15, 2010 to reduce the buffer area to 50' and impose a building setback of 75' (instead of the required 50') from the adjoining residential district. Both staff and the applicant presented PowerPoint presentations. The Planning Commission held a discussion, asked questions, took public comment, and provided suggestions. The Planning Commission provided guidance for the applicant's next submittal and responded to the questions posed in the staff report, as follows: Issue 1: Buffer Reduction Question: Should the buffer be set at 50' and setback be set at 75' as proposed by the applicant in the proffer amendment, or should the buffer and setback comply with buffer and setback requirements in the Zoning Ordinance? The conclusions were: Buffer: Two of the three abutting neighbors had been contacted and were okay with what was being proposed. The third neighbor came to the meeting and wanted a higher berm. A 10' high berm at 3:1 on either side that is not part of the 50' buffer makes for a 110' wide area in which no buildings or parking would be allowed. The PC expressed general support for this alternative proposal. Mr. Franco was okay with a reduced buffer if the neighbors can be convinced to go along with what the ordinance requires. He would also prefer parking not to be located along the edge of the Airport Acres properties, and would like a cross - section through the site to understand what the neighbors would see with a reduced buffer. Question: Should the applicant provide for a future interconnecting road between US Route 29 and Lewis & Clark Drive as provided in the UVA Research Park proffers and as shown on the Places 29 Master Plan? The conclusions were: Road Connection: Regarding the road connection, the Planning Commission instructed the applicant to explore the feasibility of an interconnection. Nothing has to be built right now. The goal is to make sure the opportunity for the connection is not precluded in the future. The first step is to see whether a road can be achieved topographically on this site. The Planning Commission also expressed general support for allowing a 35' building height. No formal action taken. ATTACHMENT 3 ZMA- 2010 -00010 Peter Jefferson Overlook & SP- 2010 -00039 Peter Jefferson Overlook Offices — Work Session Comments. The Commission held a work session to review a proposal to amend the Pantops Place PRD for the development commonly known as Jefferson Heights on Route 250 East in Pantops, which was submitted in November 2010. The applicant wishes to have offices on the frontage of Route 250 rather than residential units. A rezoning and special use permit are required for this change. Staff presented a PowerPoint presentation. The Planning Commission held a discussion, asked questions, and took public comment. The Planning Commission provided guidance for the applicant's next submittal and responded to the questions posed in the staff report, as follows: Is the proposed office use in conformity with the Land Use Plan? It was the general consensus of the Planning Commission that the proposed office use does not comply with the Land Use Plan. There could be an office use that conforms to the land use plans. Some Commissioners think what has been shown is fine. Other Commissioners think there needs to be a tighter relationship between the office use and whatever use is there with the surrounding neighborhoods. One of the biggest pieces was the importance of getting community input, in particular from the PCAC. Are the scale and design of the development appropriate? The Commission was open to a non - residential use if it is complementary of the residential uses. A few of the Commissioners said that the corner in question might not at this time be optimum for residential use due to the traffic volume on Rte. 250. Don Franco said strongly that the applicant would have to present a compelling case for a non - residential use to get his support. Should the remains of the stone wall and hedgerow on the easternmost side of the property be preserved and retained? Regarding the hedgerow and stonewall the Commission needs input from the PCAC and /or surrounding neighborhood residents. Depending on the importance of these features to the neighborhood and PCAC, the applicant might be able to remove the hedgerow and stone wall, but use stones as a feature of a retaining wall. What happens to the hedgerow and stonewall will likely impact scale and design issues. There were comments about too much building square footage and parking proposed for the site; however, it was also said that the applicant may be showing more parking spaces than are required. Input on these items was requested of the PCAC /surrounding neighborhood residents. Input from the Historic Preservation Committee was requested by Ms. Porterfield, the Planning Commission representative to that committee. What type of frontage characteristics should be provided along Route 250 East? Regarding the frontage treatment, a sidewalk in or adjacent to the right -of -way is essential. There is a need for a separation between the sidewalk and the fast moving traffic on Route 250. That is what the master plan is saying. If they can get it they need to have that separation so that the people are not right up on 250. The sidewalk should not be up next to the building. If there is a way to separate the sidewalk from the traffic with a landscape strip, it should be done. If if is possible to place trees in a landscape strip, i.e., if VDOT will approve them, then they would welcome the trees. 7 �oF ALe�, 5� �'tRGII�SA . COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5823 Fax (434) 972 -4126 April 28, 2005 Frank V. Pohl 301 East High Street Charlottesville, VA 22902 RE: ZMA- 2004 -009 Cottages at Jefferson Heights — Phase 3; Tax Map 78, Parcel 55A3 Dear Mr. Pohl: The Board of Supervisors approved your rezoning application on Wednesday, April 20, 2005. Your rezoning from RI (Residential) to PRD (Planned Residential Development) was approved in accordance with the attached proffers dated April 20, 2005. An application plan/plan of development dated August 2, 2004 was approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. 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 applicable PROFFERS; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. If you have questions or comments regarding the above -noted action, please do not hesitate to contact Keith Lancaster at 296 -5832. Sincerely, L6 W V. Director of Planning Planning Division ATTACHMENT T Cc: Weather Hill Homes, Ltd 703 E. Jefferson St. Is Charlottesville, VA 22902 Amelia McCulley Bill Fritz Tex Weaver Chuck Proctor Steve Allshouse Keith Lancaster Sarah Baldwin Bruce Woodzell (Real Estate) 0 A TTA C. CJ C: Original Proffer _X_ Amended Proffer (Amendment # ) PROFFER FORM Date: April 20, 2005 ZMA # 2004 -0009 Tax Map and Parcel Number(s) 78/55A3 0.757Acres to be rezoned from R -1 to PRD Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1. The maximum number of Independent Living Cottages on Tax Map 78 Parcel 55A3 (hereinafter, the "Property") shall be 4 units. No other dwelling units shall be permitted on the Property. 2. Sidewalks as shown on the Application Plan shall be installed and maintained by the owner in accordance with County or VDOT standards. 3. During construction the owner shall perform grading in the right -of -way for Route 250 or immediately adjacent to this right -of -way to facilitate the future installation of a sidewalk by others which would be part of any reconfiguration of Route 250 to an "urban cross - section" roadway. If the grading for the sidewalk would result in the sidewalk being on the Property, it shall be dedicated for public use upon request by the County. The owner shall grant all necessary temporary construction easements for installation of the sidewalk. 4. ' The owner shall provide a. 15 -ft wide buffer upon the property along its entire common boundary with the Glenorchy Subdivision as shown on the Application Plan. The purpose of this _ buffer will be to ensure the preservation of an existing mature hedgerow and fieldstone wall along this common boundary line. No plant removal, other than dead, diseased or noxious vegetation, shall take place in this area. Only limited grading as shown on the approved site plans, and only that which does not require the removal of trees, shall be permitted. New beneficial plant material may be sensitively introduced to augment the efficacy of the hedgerow as a screening element. Pedestrian access to this area shall not be restricted. 5. The Owner confirms that the Property is subject to the Pantops Place Planned Residential Development Declaration of Covenants, Conditions, Restrictions and Easements filed in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 2761 Page 711 (the "Declaration "), including all maintenance obligations set forth therein. Pursuant to the Declaration, a community association will be formed for ownership and maintenance of all areas outside' of the building envelopes. Owners of the development shall be members of this community association. ATTACT—TMFNT T 6. The Architectural Design shall be in general accord with Sheet Al `Building Elevations, . The Cottages at Jefferson Heights, Albemarle County, Virginia, Tax Map 28 [sic] Parcel 55A3" by Vito Cetta, Architect, Dated June 21, 2004. Signatures of All Owners Printed Names of All Owners Date Weather Hill Homes, Ltd. April':03 2005 By: Marc C. Powell, Vice President Owner TMP 78 Parcel 55A3 • • ATTACHMENT T Attachment B .. E9 Pd i5e� R�ii g14" dR a rO's i .. .. .yr�.F ��.,, sil P a @ �' �'- i F gg o � cde � =� L P • XS 6 €�% pp I r "r�;1' A;,: d 4 A i t4• +f ACER L��± x �i '`NO :: .: I: : I: .... , ,.. ... •' � R !d4 to " Ii i : 0.o :. ' '•. d�" � a _ r• '�• s :vl H b '. g� :5 , ..... i : CA z I. t i tdo; '.x ,fir _.. .`'. -1C^ 9l 1, d�9i' �I•.t ~T� I , R 1 .1. +}`�A� �t� � ' � � � �� ' ��' � / IN~'�] iJ• ..� \�.1 • I � �;�� 2 n0. ,��{,�/�'^�� ' ,,'>•1Tf ' `G?5�" 'F� _ 2 \•. • • �: j pl 9 mup :`:, '��i s Iq•�p' x \ • IF m 3 4 6 f {"� V, I + +" Fr P I I I rFY / 2x2 '. Ng, i5 f I Sms1.9e j iT C y '. R:�RRp njuh..,i • +. %' � ry'S.iNY. _ _. '.:.. � ¢� r: " n F a � ... { c coT.TAGES AT JEFFERSON HEIGHTS CONCEMALCRADINCktTnUTMS PLAN ATTAC F1MF,NT T