Loading...
HomeMy WebLinkAboutSUB201100083 Legacy Document 2012-09-26 (2)AL(�� v �b /R�1N COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 September 2, 2011 J. Alden English Woods Rogers PLC 10010th Street, NE Suite 303 Charlottesville, VA 22902 Re: Determination of Revised Timing Glenmore — Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant Dear Mr. English, This letter is in response to your clients' request to revise the timing for the Perimeter Road construction, to allow them to proceed with the subdivision of lots within the Leake (Glenmore K2) development. This letter replaces and supersedes my previous letter dated May 26, 2010. As you know and my prior letter stated, the zoning proffers and rezoning files (ZMA 99- 16 Glenmore and ZMA 06 -16 K2 / Leake) do not explicitly address the timing for the completion of this road. (Please refer to the attached plan with the road segment shown in pink highlighter.) The subdivision files to -date also do not tie -down the construction completion. Sheet 2 of the approved Leake (Glenmore K2) Application Plan shows this road connection from the Leake lots past the existing sewage treatment plant over Carroll Creek, connecting to the existing Carroll Creek Road within Glenmore. This road connection is listed by staff as one of the "Factors Favorable" for the ZMA 2006- 016 Leake rezoning approval. The report states "The addition completes a vehicular loop (Carroll Road to Piper Way) within Glenmore." It splits the impacts on existing roads and also improves the overall circulation network within Glenmore. Construction of this road is an obligation to the Developer of the Leake property and is not an obligation to the Glenmore Community Association. Upon approval of the Leake rezoning, the application plan that accompanied its approval became part of the applicable zoning regulations applicable to the development. (County Code § 18- 8.5.4(b)). Thereafter, each subdivision plat and site plan within the planned development must be reviewed for compliance with the applicable zoning regulations. (County Code § 18- 8.5.5.2(b)). The purpose of this letter Page 2 September 2, 2011 Determination of Revised Timing Glenmore — Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant is to clarify the requirements and to establish a revised timeline for completion of construction of this road segment to assure compliance with the applicable zoning regulations. Construction of the road shall be completed at the earliest of either: a) final subdivision plat approval for the 51St lot in the Leake (Glenmore K2) development or b) December 31, 2016. "Completion of construction" means a) the road has been built in accordance with plans approved by Albemarle County; b) the County Engineer has determined that construction is complete in accord with those plans and the road is open for traffic; and c) any remaining items (if permitted by the County Engineer) have been bonded with the County. Because this letter extends the timeline for construction of the perimeter road by more than five (5) years (from the May 26th, 2010 letter), there are several conditions that attach to this extension. 1. Within sixty (60) days of the date of this letter, Glenmore Associates shall construct and maintain guardrails on the existing Carroll Creek crossing on Carroll Creek Road. The standard for this guardrail shall be approved by the County Engineer. This work shall also include any signage or reflective markings determined by the County Engineer to be necessary for safety purposes. 2. This section of existing Carroll Creek Road and crossing shall remain open and passable for vehicle traffic in Glenmore, including GCA traffic and construction traffic related to the development of the Leake property. 3. The Developer shall have obtained road plan approval for the Perimeter Road extension no later than December 31, 2015. We preliminarily understand a new special use permit may not be necessary for this floodplain crossing if it was covered with the original Glenmore rezoning approval but this will need to be verified. We hope that this revised agreement will allow Glenmore Associates to continue with development of the Leake (Glenmore K2) property while providing safe access at the existing Carroll Creek crossing and a revised timeline for construction of the ultimate road. If you have any questions, please do not hesitate to let me know. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2 -2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for public hearing. Page 3 September 2, 2011 Determination of Revised Timing Glenmore — Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org / cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www .albemarle.org /countycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug -in is available at the bottom of www.albemarle.org /cdapps.) Sincerely, G Amelia G. McCulley Zoning Administrator Cc: Gerald Gatobu Scott Collins Pete Gorham, ACSA Reading Files . 0— -,Off 1�lv R A� MIN nj 12" 19 —7 will e�R Z'S 104 I it 'LIP. H AF � rr BLock K 7 0 M PY, r 114111 -ow x5i 4? ZMA06-016APPLJCATiONi� �N ROUDABUSH, GALE & ASSOCIATES, INC. 0INaff". SURVVIORS ANO LNW PLANPIER40 SECTION K-2 (LEAKE) 00-0AAvlo' i J.&PN r. ON COVER SHEET VINO VINOINIA — I ...