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Home My WebLink AboutLOD200700001 Review Comments 2014-03-13Page 1 of 4 Cliff Fox From: Judith Wiegand Uwiegand@albemarle.org] Sent: Thursday, January 04, 2007 4:41 PM To: Cliff Fox Cc: Bill Fritz; David E. Pennock; Amelia McCulley; Elaine Echols; Wayne Cilimberg Subject: RE: ZMA-91-8 Mobrey (Now Forest Ridge) Follow Up Flag: Follow up Flag Status: Red Cliff, I have just spoken with Bill Fritz, our new chief of zoning, about the process to obtain the dedication promised in Proffer #2. He indicated that David Pennock explained the process to you. The area is reserved for dedication and the County will send a letter demanding dedication at the time that an application for the adjacent parcel, TMP 32-3, is filed or receives preliminary approval. So, the next step for you is to file a preliminary site plan, if you are proposing a by -right development. If you would like. to rezone the parcel, then we would advise a preapplication conference to discuss your proposal. A "preapp" might be useful, too, if you are trying to decide between a by -right proposal and a rezoning. Please let me know if you have any further questions or would like to set up a preapplication conference. Judy Judith C. Wiegand, AICP Community Development & Planning Albemarle County 401 McIntire Road Charlottesville, VA 29902 434-296-5832, x. 3438 jwiegand@albemarle.org From: Cliff Fox [mailto:foxfyre@cstone.net] Sent: Thursday, January 04, 2007 1:12 PM To: Judith Wiegand Subject: RE: ZMA-91-8 Mobrey (Now Forest Ridge) Judy, Thank you for your assistance! NO From: Judith Wiegand [mailto:jwiegand@albemarle.org] Sent: Thursday, January 04, 2007 12:48 PM To: Cliff Fox Subject: RE: ZMA-91-8 Mobrey (Now Forest Ridge) Cliff, I don't mean to be holding you up here. I brought this matter to our Development Areas staff meeting this morning to get an answer to your question. I was advised to talk with our zoning people about how to enforce that proffer. I hope to have an answer for you today. I'll let you know if that doesn't work out for any reason. 1/17/2007 Page 2 of 4 Judy Judith C. Wiegand, AICP Community Development & Planning Albemarle County 401 McIntire Road Charlottesville, VA 29902 434-296-5832, x. 3438 jwiegand@albemaile.org From: Cliff Fox [mailto:foxfyre@cstone.net] Sent: Thursday, January 04, 2007 9:56 AM To: Judith Wiegand Cc: Cliff Fox Subject: FW: ZMA-91-8 Mobrey (Now Forest Ridge) Judith, If you would please let me know how to follow-up on the access discussed below? Thank you. Happy New Year. Cliff Fox From: Judith Wiegand [mailto:jwiegand@albemarle.org] Sent: Friday, December 29, 2006 8:57 AM To: Cliff Fox; John Shepherd Subject: RE: ZMA-91-8 Mobrey (Now Forest Ridge) Cliff, I have forwarded your message to our transportation planner and engineer to find out how you get this access set up. I'll let you know as soon as I hear from either of them. Both are due back in the office next Wednesay (me, too). Thanks. Judy Judith C. Wiegand, AICP Community Development & Planning Albemarle County 401 McIntire Road Charlottesville, VA 29902 434-296-5832, x. 3438 jwiegand@albemarle.org From: Cliff Fox [mailto:foxfyre@cstone.net] Sent: Thursday, December 28, 2006 7:21 PM To: Judith Wiegand; John Shepherd Subject: RE: ZMA-91-8 Mobrey (Now Forest Ridge) Judith, If I could come down and review the proffer with you and show you the plat(s) notes, etc. The proffer reads as John has pasted it below. I need to discover the mechanism to have the county call for the dedication. This has 1/17/2007 r) (7) Page 3 of 4 nothing to do with the current ZMA under review that we discussed a couple of weeks ago, but with a proffer given in the initial rezoning of Forest Ridge Subdivision. Thank you. Cliff Fox From: Judith Wiegand [mailto:jwiegand@albemarle.org] Sent: Thursday, December 28, 2006 2:57 PM To: John Shepherd Cc: Cliff Fox Subject: RE: ZMA-91-8 Mobrey (Now Forest Ridge) John, As I explained in an e-mail to Cliff a week or two ago, the current ZMA for Forest Ridge will have no impact on access to TMP 32-30. If adopted, ZMA 2006-18 (Forest Ridge) will only change Proffers 3 and 4 from ZMA 91-8. Cliff's property should still have the same access it currently has from the cul-de-sac at the end of Moubry Lane. Does this answer your question? Judy Judith C. Wiegand, AICP Community Development & Planning Albemarle County 401 McIntire Road Charlottesville, VA 29902 434-296-5832, x. 3438 jwiegand@albemarle.org From: John Shepherd Sent: Thursday, December 28, 2006 2:25 PM To: Judith Wiegand Cc: Cliff Fox Subject: ZMA-91-8 Mobrey (Now Forest Ridge) Judy, I ask for your help with this question. Cliff Fox is developing a proposal rezone T.M. 32-30 to allow for 36 —100 dwelling units. The project depends on the County's request for the future access described in Proffer #2 to provide access to T.M. 32-30. How would this be analyzed and settled? The proffer is copied below. Thank you. John Shepherd Manager of Zoning Administration Phone (434) 296-5832 ext. 3023 1/17/2007 0, Fax (434) 972-4126 1/17/2007 0 Page 4 of 4 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901.4596 (804) 296.5823 January 27, 1992 Nellie L. Moubry 809 Monticello Avenue Charlottesville, VA 22901 RE: ZMA-91-08 Nellie Moubry Tax Map 32, Parcel 29N Dear Ms. Moubry: The Albemarle County Board of Supervisors, at its meeting on January 22, 1992, approved the above -noted request to rezone 9.9 acres from R-1 to R-10. Property located on the south side of Rt. 649 approximately 750 feet west of Timberwood Parkway. Please note that this approval is subject to proffers 1, 3, and 4 as set out in letter dated November 22, 1.991 from Ms. Marilynn R. Gale, L.S., Roudabush, Gale and Associates, Inc., addressed to Mr. Bill Fritz, Senior Planner, Albemarle County Planning Department; and subject to proffer as set out in the letter dated December.9, 1991 from Ms. Marilynn R. Gale, L.S., Roudabush, Gale & Associates, Inc., addressed to Mr. Bill Fritz, Senior Planner Albemarle County Planning Department, as follows: 1. The applicant agrees that any plan submitted for review to the county after rezoning will honor a minimum 50 foot building setback buffer (utility construction is not restricted) from the existing drainage swale at the rear of Parcel 29N; the buffer will exceed 50 feet from the point where contour 498 leaves the 50 foot buffer, and follow contour 498 to the western property line, in order to protect critical slopes in the buffer area. A topographic and boundary sketch dated November 22, 1991 is attached for visual clarification. 2. The applicant agrees that County after rezoning will construction of connecting rights-of-way to adjacent any plan submitt include internal propertie areas r roads s, with ed to, the eserved for with 50 foot the Nellie L. Moubry Page 2 January 27, 1992 exception of Forest Lakes townhouses, for future access as the County may deem necessary. The applicant shall not be obligated for the cost of construction of such connecting internal roads. 3. The applicant agrees to dedicate a 30 foot strip across the State Route 649 frontage and reserve an additional 30 foot strip for future road improvements by the County of Albemarle or Virginia Department of Transportation. 4. The applicant agrees to reserve up to nine (9) feet beyond the thirty (30) foot dedication and thirty (30) foot reservation aforementioned, for construction of a bike path. The applicant shall not be obligated for the cost of construction of such bike path. The applicant's representative agreed that the thirty (30) foot dedication (Proffer #3) will take place at such time as the site plan or subdivision plan issubmitted to the County. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, vG V. Wayne Cilimberg Director of Planning•._&- Community Development VWC/jcw cc: Marilynn Gale Amelia Patterson Jo Higgins AN LAND SURVEYORS ENGINEERS LAND PLANNERS J. THOMAS GALE. LS, MARILYNN R. GALE LS. WILLIAM S. ROUDABUSH. L.S. December 9, 1991 ROUDABUSH, GALE & ASSOC., INC. A PROFESSIONAL CORPORATION 914 MONTICELLO ROAD CHARLOTTESVILLE. VIRGINIA 22902 Mr. Bill Fritz, Senior Planner Albemarle County Planning Department 401 McIntire Road Charlottesville, VA 22901-4596 RE: Moubry Rezoning (ZMA-91-08) Dear Bill: PHONE (804)293.4251 48041 977-0205 FAX 5804) 296.5220 ATTACHMENT D DAVID L. COLLINS, L.S. DIANA P. DALE P.E After our conversation today concerning proffered item number.2 of my letter dated November 22, 1991, I am amending that paragraph to: The applicant agrees that any plan submitted to the County after rezoning will include areas reserved for construction of connecting internal roads with 50 foot rights-of-way to adjacent properties, with the exception of Forest Lakes townhouses, for future access as the County may deem necessary. The applicant shall not be obligated for the cost of construction of such connecting internal roads. Hopefully, this change will give the County the flexibility needed for future planning, while not unnecessarily restricting the owner. sincerely, Marilynn Gale, L.S. MRG/imc