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HomeMy WebLinkAboutLZC201300014 Legacy Document 2013-12-05OIij1 am t �� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 August 6, 2013 U. S. Department of Housing & Urban Development 451 7t" Street S.W. Washington, DC 20410 Attn: Mr. Shaun Donovan RE: Stone Creek Village Apartments Tax Map Parcel Number 09100- 00- 00 -002CO 1395 Stone Creek Lane, Charlottesville, VA 22902 (the "Property ") Applicant: Oppenheimer Multifamily Housing & Healthcare Finance 2500 Northwinds Parkway, Suite 100 Alpharetta, GA 30009 Dear Mr. Donovan: In response to the applicant's request for a Letter of Zoning Compliance for the Stone Creek Village Apartments Property, referenced above, please note the following: The Property, on which the Stone Creek Apartments are constructed, is zoned PRD, Planned Residential Development and subject to the use restrictions applicable to that district as contained in the County of Albemarle Zoning Ordinance. The use of the Property for an apartment complex is a use permitted by -right in the PRD zoning district without the necessity of obtaining a conditional or special use permit, variance, or other legislative approval. The Property was rezoned from R -1 Residential to Planned Residential Development by the Albemarle County Board of Supervisors on September 20, 2000 (ZMA1999 -010) and is subject to the attached proffers. Mr. Shaun Donovan August 6, 2013 Page 2 ■ A site Development Plan (SDP200100020) was approved October 18, 2001 for 264 dwelling units with 512 parking spaces to serve the complex. There have been various amendments to the site plan approved, resulting in the present development ■ A site inspection has been made and the Property is in compliance with the approved site plans and amendments, including parking codes and other local zoning ordinance requirements. ■ There are no pending changes in zoning and, to the best of my knowledge, no current violations pending. ■ If the buildings are destroyed they can be rebuilt as is with no loss in dwelling units. ■ The Property is recognized as one separate parcel of land which may be conveyed, leased or mortgaged as a separate parcel. Please cpnt;Erc—t me if ydu have questions or require further information. I (cerely, d L. Higgins, AICP Chief of Zoning /Deputy Zoning Administrator COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville; Virginia 22902 -4596 (804) 296 - 5823 Fax (804) 972 - 4012 September 28, 2000 Denise LaCour P 0 Box 744 Charlottesville, VA 22902 RE: ZMA -99 -10 Creekside, Tax Map 91, Parcel 2C Dear Ms. LaCour: The Albemarle County Board of Supervisors, at its meeting on September 20, 2000, unanimously approved the above -noted request. Please note that this approval is subject to the attached proffers. If you have any questions, please do not hesitate to contact me. Sincerely, l . Wayne imberg Director o lanning & ommunity Development VWC /jcf Cc: Amelia McCulley Jack Kelsey Bob Ball Tex Weaver Steve Allshouse go L:i PROFFER FORM Date: September 20, 2000 ZMA # 99 -010 Tax Map and Parcel Number(s) 91 -2C Original Proffer Ae Amended Proffer (Amendment # 22.104 Acres 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) Development of the property shall be in general conformity with the plan entitled "Application Site Plan. The Creekside Apartments" consisting of Sheets 1 -4 dated 11 -15 -99 and last revised 8- 15 -00, herein referred to in the Proffers as "the Application Plan". (2) The project shall consist of a maximum of 264 multi - family dwelling units located in 12 buildings as shown on Sheet 2 of the Application Plan. The project shall be phased, with development of six buildings in the first phase and six buildings in the second phase. (3) The common open space, including but not limited to, the club house and associated amenities, the tot lots, basketball court, walking trails, pond and woods, as shown on Sheet 2 of the Application Plan shall be owned and maintained by the developer /owner. (4) Driveways shall be constructed with curb and gutter as shown on Sheet 2 of the Application Plan and shall be maintained by the developer /owner. (5) All interior roadways shall be private roads and shall be maintained by the developer /owner. (6) That portion of the property situated within seventy-five feet (75') from the centerline of existing Route 20 South shall be dedicated to the Virginia Department of Transportation ( "VDOT') for the intended purpose of VDOT widening Route 20 South. In the event that VDOT does not utilize all or a portion of this dedicated property within ten (10) years of approval of this rezoning request, any portion of the property not so used shall be reconveyed to the property owner at no cost to owner. (7) In addition to the mandatory 100' stream buffer for that portion of the Moore's Creek tributary located to the north of the proposed entrance drive as shown on Sheet 2 of the Application Plan, a voluntary 100' buffer zone shall be established for the intermittent stream located to the south of the proposed entrance drive. Said buffer shall be measured 100 feet from the centerline of the streambed and no buildings or parking lot shall be constructed within said buffer zone. Trees will be removed only as necessary for grading activities and improvements shown on the approved site plan or as stipulated in the approved stormwater or mitigation plan. (8) The trees located along the tributary to Moore's Creek and outside of the grading limits -as shown on Sheet 3 of the Application Plan shall be preserved. (9) Evergreen trees shall be planted beside Buildings 201, 202 and 204 and their associated parking lots as well as along the upper half of the northern boundary of the property in general accordance with the landscaping plan shown on Sheet 3 of the Application Plan for the express purpose of screening the development from the adjacent community, Willow Lake. (10) . Landscaping shall be in general accordance with Sheet 3 of the Application Plan as well as with Sheets 1 -21 of the "Slope Drawings for Creekside Apartments ", prepared by Albiston Associates, Landscape Architects, dated 8 -9 -2000. Where conflict may exist between page 1 of each of the slope drawings (Slope Between Upper Parking Area and High School; Slope Facing Route 20; Slope Along Mill Creek Road) and the subsequent pages, page 1 is to be considered directive. Any modification will occur as (i) required by the Architectural Review Board for that portion of the property visible from Route 20 South and (ii) as may be approved with staff approval where a better location, size or type of species may be warranted to achieve slope stabilization, ease of maintenance or aesthetics. (11) .:..,.-..b —."1 :: ,.:.. 6,;,ieral accordance with the Alternate Grading Plan dated 8 -9 -00 and last rcvtscu o -:5 -uv and submitted herewith to the County. Sincerely, Charles W. Hurt, President HURT INVESTMENT COMPANY Owner Deni a E. LaCour resident, Denico Development Co. Applicant I HE HHU in !w , Eznsq. f 8:. 1 f dew 0112, R 4 2 ,11 > 10 MUIR- 44 ;1 z Atgm! E 2!vkkVx 0 ..XAA4;AAA -.VZ kk 2 G _vVT ... 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