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Home My WebLink AboutLZC201400020 Legacy Document 2014-06-17r a 1 w, I N- xmv ELI- COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 June 6, 2014 Mr. Pete Caramanis, Attorney for Piedmont Neighborhoods, LP c/o Royer, Caramanis & McDonough, PLC 200 -C Garrett Street Charlottesville, VA 22902 RE: LZC2014- 00020, "Whittington Subdivision" TMPs (see attached Property Description) Owner: Piedmont Neighborhoods, LP (the "Property ") Dear Mr. Caramanis: In response to your request for a Letter of Zoning Compliance for the above referenced Property, please be advised of the following: • The Property is zoned Planned Residential Development (PRD). The Property was the subject of a rezoning, (ZMA 2006 -011) approved to PRD by the Board of Supervisors on April 11, 2007 (see attached ZMA Approval letter with Proffers and Application Plan). • The use of the property for up to 96 single family detached dwellings on separate lots, as shown on the Application Plan and referenced in the Proffers, is a by -right use in the PRD zoning district. Other uses in the PRD District would require an amendment to the Application Plan through the rezoning process (see attached Zoning Map and Section 19 of the Zoning Ordinance). • This Property is subject to the Subdivision and Consolidation Plat, SUB201300057 for "Whittington Subdivision Phase A" for the first 18 single family detached lot and residue, that was approved on October 29, 2013. This office has no record of any open zoning violations for the Property. This office is not aware of any nonconforming issues affecting the Property. Please M co�rtaet 'e if yo u have uestions or require additional information. Sinsaerely, R'Q�lf.. Higgins, AICP " /-*' Chief of Zoning /Deputy Zoning Administrator Attachments: Property Description. Approval letter for ZMA2006 -00011 with Proffers and Application Plan. Zoning Map and Section 19 of the Albemarle County Zoning Ordinance Tax Map and Parcel Numbers: 090GO- 01- 00 -000A0 090GO- 01- 00 -000BO 090GO- 01- 00 -00000 090GO- 01- 00 -000DO 090GO- 01- 00 -000EO 090GO -01 -00 -00100 090GO -01 -00 -00200 090GO -01 -00 -00300 090GO -01 -00 -00400 090GO -01 -00 -04800 090GO -01 -00 -04900 090GO -01 -00 -05000 090GO -01 -00 -07700 090GO -01 -00 -07800 090GO -01 -00 -07900 090GO -01 -00 -08000 09000 -01 -00 -08100 090GO -01 -00 -08200 090GO -01 -00 -08300 090GO -01 -00 -08400 090GO -01 -00 -08500 090GO -01 -00 -08600 Legal Description Parcels: Piedmont Neighborhoods LP Parcel 30 (Whittington): All those certain lots, parcels and open space areas identified as Lots 1 through 4, 48 through 50, and 77 through 86; Open Space A, B, C, D and E; Areas X and Y and the internal roads with respect to Phase A, shown on that certain plat titled "Subdivision Overview WHITTINGTON SUBDIVISION, Phase A TMP 90 Parcels 3, 45, 46, 47, 48 and TMP 89 Parcel 95 Samuel Miller Magisterial District, Albemarle County, Virginia" prepared by Dominion Engineering as Project No. 13.0039, dated as of April 23, 2013, last revised July 10, 2013, recorded November 8, 2013, in Deed Book 4433, page 519 in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; AND BEING all of the same property conveyed to Piedmont Neighborhoods LP, a Virginia limited partnership, by deed from Triumph Whittington, LLC, a Virginia limited liability company, dated November 5, 2013, and recorded in the aforesaid Clerk's Office in Deed Book 4433, page 576, as corrected by Deed of Correction recorded March 4, 2014, in such Clerk's Office in Deed Book 4467, page 137. Piedmont Neighborhoods LP Parcel 31 (Whittington): All that certain real property identified as "Residue Lot ", containing 154.160 acres, more or less, shown on that certain plat titled "Subdivision Overview WHITTINGTON SUBDIVISION, Phase A TMP 90 Parcels 3, 45, 46, 47, 48 and TMP 89 Parcel 95 Samuel Miller Magisterial District, Albemarle County, Virginia" prepared by Dominion Engineering as Project No. 13.0039, dated as of April 23, 2013, last revised July 10, 2013, recorded November 8, 2013, in Deed Book 4433, page 519 in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; AND BEING all of the same property conveyed to Piedmont Neighborhoods LP, a Virginia limited partnership, by deed from Triumph Whittington, LLC, a Virginia limited liability company, dated February 4, 2014, and recorded February 18, 2014, in the aforesaid Clerk's Office in Deed Book 4461, page 435. off AL. O9 MGTN�P COUNTY OF ALBEMARLE Department of Community Development 401 JAclntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 May l7, 2007 _ _Kelly Stricland - - Dominion Development Resources 172 South Pantops Drive Charlottesville, VA 22911 RE: ZMA 2006 -011 Whittington PRD — Amendment (Sign 970) TAX MAP /PARCEL: 89 -95, 90 -3, 90 -45, 90 -46, 90 -47, 90 -48 Dear Mr. Strickland: Fax(434)972 -4012 The Board of Supervisors approved your rezoning application on April 11, 2007. Your rezoning from Planned Residential Development (PRD) :to.Planned Residential Development (PRD) with an Application Plan was approved in accordance with the attached proffers February 8, 2007. An application plan /plan of development November 22, 2006 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 SUBDIVISION PLAT(S); and • approval of a ZONING COMPLIANCE CLEARANCE. If you have questions or continents regarding the above -noted action, please do not hesitate to contact Sherri Proctor at 296 -5832. Sincerely, V. Wayne imberg Director of Planning Cc: Whittington LLC P 0 Boa 6786, Charlottesville, VA 22906 Strickland Page 2 of 2 May 17, 2007 Tex Weaver Chuck Proctor (VDOT) Steve Allshouse. Sherri Proctor Sarah Baldwin 131 -LICC: Woodzell (Real Estate) Pile Proffer Form Date: February 8 2007 ZMA: 200 Tax Map and Parcel Numbers: 89-95, 90PN /RS -1 on6November 16 1977 as ZMA -?7-18 and included 214.5 Acres was rezoned from?- t0 � ---- -R �f �airl conditions of approval was amended by 12 conditions of approval On May 21 1980, condition id property was rezoned from RPN -RS-1 to PRD (Planned way of ZMA- 80-p7. On Decor 10 1980, said prop y Residential Development) by way of a coa comprehensive rezoning of Albemarle County• 14.176 Acres, a portion of Tax Map 89 Parcel 73A, was rezoned from PRD to RA per ZMA -200 -13. dsonrMay 21 r 1980 does hereby amend the 12 conditions as approved on November 16, 1977 and This amendment is in accordance with the Application Plan titled dated June 26.2006' revised 1116 and prepared by Dominion Develo ment Resources LLC Pursuant to Section 33.3 of the Albemarle County eodn�elo Ordinance, which shahlebe applied to the propertyzed agent, hereby voluntarily proffers the conditions listed These conditions are proffered as n ng itself gave rsiei to the nleed for the cond tion approved and (2) rezoning, and it is agreed that: (1) the rezo such conditions had a reasonable relation to the rezoning request. 1. Approval is for a maximum potential of 96 single-family residential a lots. pen Space Responsibility Toed to be held in private ownership by dedication to and maintenance of Open Space shall l be outlined approval, s document shall be ande homeowners association. Prior to fin p lat approved by the Albemarle County Attorney's office. 2. Each lot shall be at least 40,000 gross square feet in area. 3. All lots shall use internal roads as the sole means of ingress /egress. Direct access from lots to Route 631 will not be permitted. 4, Disturbance of slopes of 25% or greater shall be administratively approved by Albemarle County engineering staff under the following circumstances: Priolanotor in conjunction with for engineering applicant shall submit an overlot grading p County submittal, the app ' proposed staff review. An overlot grading plan din efined the development of the proposed subdivision, topographic features to be considered and satisfying the following: a. The plan shall show all proposent d e erm nes are llneeded to verify that the driveways, plancronfo ms torthe and other features the ag Application Plan Amendment for Whittington, dated June 26, 2006, last revised November 22, 2006 by Dominion Development Resources, LLC. b. The plan shall be drawn to a scale not greater than one (1) inch equals fifty (50) fe feet. All c. All proposed grading ,shall be shown lots shalltbe cletarlyashowngw th t a the proposed grading. concentrated surface drainage o Whittington Application Plan Proffer Form Page 1 of 3 All proposed grading shall be shown to assure that surface drainage can provide adequate relief from flooding of dwellings in the event a storm sewer fails, J. Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3) feet of horizontal distance for each one (1) foot of vertical rise or fall (3:1). Steeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriate by the program authority in its approval of an erosion and sediment control plan for the land disturbing activity. These steeper slopes shall not exceed a gradient of two (2) feet of horizontal the Brad grading eecomm recommendations for foot steeper steeper slopes have fall ad adequately unless addressed agent finds g the impacts, e, Surface drainage shall not flow across more than three (3) lots before being collected in a storm sewer or directed to a drainage way outside of the lots. No surface drainage across a residential lot shall have more than one -half (1/2) acre of land draining to it, f. All drainage from streets shall be carried across lots in a storm sewer to a point beyond the rear of the building site. g, The plan shall demonstrate that driveways to lots will not be steeper than twenty (20) p ercent and shall include grading transitions at the street that the agent determines will allow passenger vehicles to avoid scraping the vehicle body on the driveway or the street. Additionally, the driveway grading shall provide an area in front of the proposed garage, or an area proposed for vehicle parking where no garage is proposed, that is not less than eighteen (18) feet in length that will be graded no steeper than eight (8) percent. h. The plan shall demonstrate that an area at least ten (10) feet in width, measured outward from the face o entrances structure, has This steeper than ten (10) shall extend percent entrances to driveways possible or walkways connecting the dwelling to the street. 5. The minimum building setback from all interior public street right -of -way lines shall be thirty feet. 6. Prior to or in conjunction with the first final subdivision plat for the project, the Owner shall dedicate as public right -of -way and convey in fee simple to Albemarle County strips of land no less than fifty -five (55) feet in depth across the Property identified as "55 FT ROW DEDICATION FROM CENTERLINE OF 631" in the locations shown on Sheet No. 2 of the Application Plan Amendment for Whittington, dated June 26, 2006, last revised November 22, 2006 together with the dedication and conveyance of all necessary drainage easements and the conveyance of necessary construction easements for improvements to State Route 631. If the strips of land are of surveying and not dedicated as e ocumnts in subdivision aforrm acceptable to o the Coiunp costs County Attorney necessary to dedicate preparing legal d and convey the right -of -way. 7. Development shall be in general accord with the attached Application Plan titled "Application Plan Amendment for Whittington" dated June 26, 2006, revised 11/22/06, by Dominion Development Resources, LLC. B. The 25 feet screening and landscaping easement shown on the Application Plan shall be planted and maintained to meet current regulations for screening as described in sections 18- 32.7.9.8.a and 18- 32.7.9.8.c.4 of the Albemarle County Zoning Ordinance. Screening shall be established and completed by the developer of Whittington prior to the issuance of the Certificate of Occupancy for the 3`d dwelling unit, The developer shall also assume short -term responsibility for the maintenance of the screening until a homeowners' association (HOA) for the development has been established. Once established the easement shall be deeded to the HOA. Long -term responsibility for and maintenance of screening within the easement shall be outlined in the Proffer Form Whittington Page 2 of 3 Application Plan Covenants and Restrictions of the HOA. Prior to final plat approval, this document shall be reviewed and approved by the Albemarle County Attorney's office. Additionally, a note alerting affected owners to this easement restriction on their property shall be stated on the final plat for those lots. 9. All trails shown on the Application Plan shall be constructed as a Class B "primitive" trail as described in the Greenway Plan, Appendix A, of the current Albemarle County Comprehensive Plan, The trails shall be completed prior to the issuance of the Certificate of Occupancy for the 481h dwelling unit. 10. Storm water quality and detention practices shall be as specified in Chapter 17, the Water Protection Ordinance of the Albemarle County Code. �//f�rrrAIG7D�, IZ C- �YS�N��us,/N�, ign re of Owner Whittington Application Plan W,wm947ud, LW- Sr 6710,111,cPWs, "vcy ,q *W*404'f. ff �kr✓ (.T..LtiSM�✓D V.% Printed Name of Owner Z /07 Date Proffer Form Page 3 of 3 I-C jll IN I "4- P olplw i� of a. I Iii ii, n; �R L L. " i . . li. -. I L T L .1k-..l 9 pM 7'1k — R R! R El 1 I'LL- r�t a P, 19, V, 9 U -I yi Wl Ic WHITTINGTON 2006 APPIACATION MAN D—w.pm p i- i PLANNED RESIDENTIAL DEVELOPMENT 'M C)C) SAMUEL Mll.l.F.R DISTIRCT, ALUEMARLE COUNTY C�b 89-73p2 3F3 Co Co w o6 4/ \\ N 4 '!4 C3 O O / 1:6-a/ g 2 53£L'68 �dtk' e4 ,g lop LA Co rn 00 Co to (D 44 00 (D m 24 m W, COO fA CJt 00 Ip Co 44 5 aS CD CL HIP B ALBEMARLE COUNTY CODE CHAPTER 18 ZONING SECTION 19 PLANNED RESIDENTIAL DEVELOPMENT - PRD Sections: 19.1 INTENT, WHERE PERMITTED 19.2 APPLICATION 19.3 PERMITTED USES 19.3.1 BY RIGHT 19.3.2 BY SPECIAL USE PERMIT 19.4 RESIDENTIAL DENSITIES 19.5 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT 19.6 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES 19.6.2 RECREATIONAL AREA REQUIREMENTS 19.7 HEIGHT REGULATIONS 19.8 BUILDING SEPARATION 19.9 SETBACK AND YARD REGULATIONS 19.10 MINIMUM OFF - STREET PARKING REGULATIONS 19.11 SIGN REGULATIONS 19.1 INTENT, WHERE PERMITTED PRD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for PD districts in sections 8.0 and 33.0, and with densities and in locations in accordance with the comprehensive plan. The PRD is intended to encourage sensitivity toward the natural characteristics of the site and toward impact on the surrounding area in land development. More specifically, the PRD is intended to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious physical development, and creative design consistent with the best interest of the county and the area in which it is located. To these ends, the PRD provides for flexibility and variety of development for residential purposes and uses ancillary thereto. Open space may serve such varied uses as recreation, protection of areas sensitive to development, buffering between dissimilar uses and preservation of agricultural activity. While a PRD approach is recommended for developments of any density, it is recommended but not required that the PRD be employed in areas where the comprehensive plan recommends densities in excess of fifteen (15) dwelling units per acre, in recognition that development at such densities generally requires careful planning with respect to impact. (Amended 8- 14 -85) 19.2 APPLICATION Notwithstanding the requirements and provisions of section 8.0, planned development districts, generally, where certain planned community (PC) or residential planned neighborhood (RPN) districts have been established prior to the adoption of this ordinance, such districts shall be considered to have been established as PRD districts under this ordinance and shall be so designated on the zoning map. 18 -19 -1 Zoning Supplement #81, 9 -11 -13 ALBEMARLE COUNTY CODE 19.3 PERMITTED USES 19.3.1 BY RIGHT The following uses shall be permitted by right in the PRD district, subject to the applicable requirements of this chapter: 1. Detached single- family dwellings. 2. Semi - detached and attached single - family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single - family dwellings except for side yards at the common wall. 3. Multiple - family dwellings. 4. (Repealed 9 -2 -81) 5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and the like. 6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5- 12 -93) 7. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and /or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89) 8. Temporary construction uses (reference 5.1.18). 9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings. 10. Homes for developmentally disabled persons (reference 5.1.7). 11. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10 -9 -02) 12. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) 13. Family day homes (reference 5.1.56). (Added 9- 11 -13) (§ 20- 19.3.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; 5- 12 -93; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04; Ord. 13- 18(5), 9- 11 -13) 19.3.2 BY SPECIAL USE PERMIT The following uses shall be permitted by special use permit in the PRD district, subject to the applicable requirements of this chapter and provided that no separate application shall be required for any such use as shall be included in the original PRD rezoning petition: (Amended 5 -5 -10) 18 -19 -2 Zoning Supplement #81, 9 -11 -13 ALBEMARLE COUNTY CODE 1. Day care, child care or nursery facility (reference 5.1.06). 2. Fire and rescue squad stations (reference 5.9). 3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13). 4. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; microwave and radio - wave transmission and relay towers, substations and appurtenances (reference 5.1.12). 5. Home occupation, Class B (reference 5.2). 6. Churches. (Added 9 -2 -81) 7. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84; Amended 2 -5- 03) 8. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). (Added 9- 13 -89) 9. Professional offices. (Added 6 -8 -94) 10. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) 11. Historical centers, historical center special events, historical center festivals (reference 5.1.42). (Added 6 -8 -05) 12. Farmers' markets (reference 5.1.47). (Added 5 -5 -10) (§ 20- 19.3.2, 12- 10 -80; 9 -2 -81; 11 -7 -84; 9- 13 -89; 6 -8 -94; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2), 10- 13 -04; Ord. 05- 18(7), 6 -8 -05; Ord. 10- 18(4), 5 -5 -10) 19.4 RESIDENTIAL DENSITIES The gross and net residential densities permitted in any PRD district shall be shown on the approved application plan therefor, which shall be binding upon its approval. The overall gross density so approved shall be determined by the board of supervisors with reference to the comprehensive plan, but shall, in no event, exceed thirty -five (35) dwelling units per acre. In addition, the bonus and cluster provisions of this ordinance shall be inapplicable to any PRD except as herein otherwise expressly provided. 19.5 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT 19.5.1 Minimum area required for the establishment of a PRD district shall be three (3) acres. 19.5.2 Additional area may be added to an established PRD district if it adjoins and forms a logical addition to the approved development. The procedure for an addition shall be the same as if an original application were filed, and all requirements shall apply except the minimum acreage requirement of section 19.5.1. 19.6 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES 19.6.1 Not less than twenty -five (25) percent of the area devoted to residential use within any PRD shall be in common open space except as hereinafter expressly provided. (Amended 9- 13 -89) 19.6.2 RECREATIONAL AREA REQUIREMENTS See section 4.16 for recreation requirements. (Amended 3 -5 -86) 18 -19 -3 Zoning Supplement #81, 9 -11 -13 ALBEMARLE COUNTY CODE 19.6.3 In the case of any proposed PRD having a total gross area of not less than three hundred (300) acres and a gross residential density of not more than two (2) dwelling units per acre, the board of supervisors may waive the provision of common open space and recreation area as hereinabove required provided that not less than thirty -five (35) percent of the gross area of such proposed PRD shall be devoted solely to agriculture. For purposes of this section only, the term "devoted solely to agriculture" shall be deemed to include not more than one dwelling unit, which shall be included in the determination of the gross density of the PRD. 19.7 HEIGHT REGULATIONS Except as otherwise provided in section 4. 10, structures may be erected to a height not to exceed sixty -five (65) feet; provided that any structure exceeding thirty -five (35) feet in height shall be set back from any street right -of -way or single - family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty -five (35) feet. (Amended 9- 9 -92) 19.8 BUILDING SEPARATION Except as otherwise provided in section 4.11.3, whether or not located on the same parcel, there shall be a minimum of thirty (30) feet between main structures. This provision shall not apply to structures built to a common wall. (Amended 1 -1 -83) 19.9 SETBACK AND YARD REGULATIONS 19.9.1 Structures to be located on the outer perimeter of a PRD district shall conform to the setback and yard regulations of the adjoining district. 19.9.2 Within the PRD district, the board of supervisors shall establish minimum setback and yard requirements at time of establishment of such district. 19.10 MINIMUM OFF - STREET PARKING REGULATIONS Off - street parking and loading space requirements shall be in accordance with section 4.12; provided that the board of supervisors may vary or waive such requirements at time of establishment of a PRD district. 19.11 SIGN REGULATIONS Sign regulations shall be as prescribed in section 4.15. 18 -19 -4 Zoning Supplement #81, 9 -11 -13