HomeMy WebLinkAboutLZC200800018 Legacy Document 2014-04-070
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 2_2902-4596
296-5832
August 5, 2008
Mr. Martin A. Klingel, Jr.
Avemore Preferred Investor, LLC
416 E. Main St., Ste. 200
Charlottesville, VA 22902
RE: Avemore Apartments
1540 Avemore Lane
Charlottesville, VA 22911
Tax Map 78, Parcel 581
Dear Mr. Klingel:
Fax(434)9^2-4126
You have asked for a letter that provides an analysis of the zoning and other
information regarding the referenced property. This letter is based on a review of our
records and an inspection of the site.
The above referenced property is zoned R-15 with proffers in accordance with ZMA-
2000-10. The property is also in the Entrance Corridor Overlay District. Multi -family
apartments are permitted by right in this zoning district. The Parcel contains 280
dwelling units in 23 structures, and two structures used for professional offices and
retail all on 20.196 acres. The property was developed according to the site plan, and
specific details are listed below.
The property was developed in accord with the following rezonings, special use permits
and site development plan.
ZMA-00-1 0 approved on 06/20/2001 rezoned 27.46 Acres from R-10 with
proffers to R-15 Residential. office and retail space with proffers. A copy of the
signed proffers is enclosed.
SP -00-69 approved on 06/20/2001 allows for professional offices in the R-15
district in accordance with the zoning ordinance section 1 8.2.2(l 11) subject to
conditions that professional offices and retail stores and shops uses allowed in
SP -00-70 will not to exceed 20,000 square feet. A copy on the action letter is
enclosed
1 \DEPT'Lornmunity Deve!oprnent2oning & Current Development Division0eterrmnations of Comphance',2008
Corneliance\LZC-2008000018 Avennore.doc
Martin Klingel
August 5, 2008
Page 2
• SP -00-70 approved on 11/20/91 allows for single floor retail stores and shops in
the R-15 district in accordance with the zoning ordinance section 18.2.2(12) with
conditions that retail stores and shop uses shall be defined as commercial uses
listed in the action letter. A copy of the action letter is enclosed.
• SDP -2002-138 was administratively approved and signed on 12/17/03. The site
plan shows 280 units and 507 parking spaces that include inside building
garages and outside parking spaces. A list of the above rezonings, and special
use permits can be found on the site plan.
A review of our records does not show any unresolved zoning or building code
violations. Phases of this site are still currently under construction. Phase I is in
compliance with the site plan at this time. Phase 11 and III have not been completed
therefore this office makes no determination of compliance. No zoning violations have
been observed during routine inspections for the ongoing construction.
Please contact me if you have questions or require further information.
Sincerely,
John Shepherd,
Manager of Zoning Administration
Cc: Avemore Apartments LP
c/o Capmark.
200 Witmer Rd.
Horsham. PA 19044
Enclosures ZMA-00-10 Proffers
SP -00-69 Action letter
SP -00-70 Action letter
fr
COUNTY OF ALBEMARLE
Department 01'Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virgmia229024596
(804) 296 - 5823
Fax (804) 972 - 4012
August 16, 2001
Mike Fenner
The Cox Company -
220 Past High St
Charlottesville, VA 22902 4
RE: ZMA-00-10 Avemore; SP -00-69 Avemore and SP -00-70 Avemore
Tax Map 7813, Section 3, Parcels 1, 2A, 2B, 4B, Section 4, Parcel I and Tax Map 78, Parcel
581
LETTER OF CORRECTION (Corrected Tax Map and Parcel Number)
Dear Mr. Fenner:
The Albemarle County Board of Supervisors, at its meeting or June 20, 2001, unanimously approved the
,bove-noted petitions. Please note that this approval is subject to the following:
• ZMA-00-10 Avemore - Approved subject to proffers dated 6/19/01 and signed by Robert A. Hauser,
President (Copy attached),
• SP -00-69 Avemore - Approved subject to the following condition:
The professional office uses shall be limited, in combination with the retail stores and shops uses
allowed in SP -00-70, to not exceed 20,000 square feet.
. SP -00-70 Avemore -Approved subject to the following conditions:
1. For the Purposes of this Special Use Permit, retail stores and shops shall be defined as the
commercial uses listed below -
a. The following retail sales and service establisniments
1 Antique, gift, jewelry, notion and craft shoos,
I Clothing, apparel and show shoos,
3. Department store,
4. Drug store, pharmacy,
5. Florist,
6. Food an,, grocery stores, including such specialty shops as bakery, candy, milk
dispensary, and wine and cheese shops,
T Furniture and home appliances (sales and service),
8. Hardware store,
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops,
11. Optical goods,
Page 2
* August16,2001
12. Photographic goods,
11 Visual and audio appliances,
14. Sparring goods, and
15. Retail nurseries and greenhouses,
The following services and public establishments:
1. barber, beauty shops,
1 Churches, cemeteries,
3. Funeral homes,
4. Health spas,
5. Indoor theaters,
5. Laundries, dry cleaners,
7, Libraries, museums,
8. Nurseries, day care centers (reference 5,1.06),
9, Eating establishments,
10. Tailor, seamstress,
11. Medical center,
2. Indoor athletic facilities (added 9/15/93), and,
3. Farmers' market (reference 5.1.36, added 10111/95')
In the event that the use, structure or activity for which this special use permit is issued shall not be
commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed
r
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, abandoned
"commenced" shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the Issuance thereof which is
thereafter completed within one (1) year.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the
Zoning Department will issue a clearance, you must --ornpy with the conditions in this letter. For further
information, please all Jan Sprinkle at 296-5875.
If you should have any questions or comments regarding the above -noted action, biesse do not hesitate
to contact me.
Sincerely,
V Wayne Ci rmbterg
Director of Planning & =MU n evelopmem
VWC/jcf
Cc: Amelia McCulley
Jack Kelsey
Tex Weaver
Steve Allshouse
Bob Ball, VDCT
Original Proffer_
Amended Proffer
(Amendment # _}
Date: June 19, 2001
ZMA #00-10
Tax Map and Parcel Number(s):TM78,Parcel 58I, and TM 78 B, Parcels 2A, 213, 4B, 3-1, and 4-1
27.46 Acres to be rezoned from R-10 to R -i5
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: (I) the rezoning itself gives rise to the need for the
conditions; and (2) such conditions have a reasonable relation to the rezoning request
(I)See attached "4vemore Proffers" A through K. on pages 1-4.
Sienatures of All Owners Printed Names of Owners Date
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Avemore Proffers
The applicant's objective with this development is to provide a compact, high-density residential
development with a variety of housing types and environmental and developmental amenities.
Facilities for appropriate and complementary protessionai and retail services will be located
within the development. With design features such as sidewalks, a central green, a communty
clubhouse, walking trails and preservation of open space, the development is intended to be
sensitive to the natural characteristics of the site and to the surrounding areas, to provide an
improved level of amenities, and to promote economical and efficient land use and appropriate
and harmonious physical development, in order to accomplish a design in keeping with the goals
and objectives of the County's Comprehensive Plan. The development will be a premier
residential community and will reflect the applicant's commitment to providing high quality and
attractive architectural design.
In connection with the applicant's rezoning application, the following proffers are made:
A. The Conceptual Development Plan dated March 23, 2001, last revised May 10, 2001 (the
"Plan"), attached hereto as Exhibit A, is proffered. Ail improvements shown on the Plan
will be installed upon completion of all phases of construction. The character of the
development will be in general accord with the form and character that is suggested by
and is compatible with the proposed building elevations attached as the exhbits fisted
below. Modifications to the elevations shown on the attached exhibits which are either
suggested by or required by the Albemarle County Architectural Review Board will be
deemed to be in " seneral accord."
Exhibit B "Shops," dated 12-15-00
Exhibit C "Apartments," dated 12-15-00
Exhibit D "Garages," dated 12-15-00
Exhibit E "Townhomes," dated 12-15-00
Exhibit F "Clubhouse," dated 12-15-00
B, Cort, ercial buildings will have two (2) street facades (each with at least one street -level
entrance), facing both Fontana Drive and the development.
C. In satisfaction of the recreation facility requirements set forth in Section 4.16 of the
County Zoning Ordinance and in order to better meet the needs of the residents of
Avemore, the following amenities are proffered:
I) The Village Green will be surrounded by a hedge. Large variety trees, 2.5 inches
in caliper or larger and of a species common to the area, will be located every 40
feet on center between the hedge and the travelway surrounding the Village
Green. T'nere will be access points to the Village Green at each of the four
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comers, each of which will consist of one (1) gateway flanked by two (2) brick
corners. The hedge will be at :east 24" high at planting, and the gates and brick
comers will be approximately 32" high. At least three (3) benches will be
provided in the Village Green, The Village Green improvements will be built in
conjunction with the construction of the townhouse section phase of the
development.
(2) In addition to the Village Green, outdoor recreation facilities will consist of at
least three (3) tot lots to be placed in the approximate locations shown on the Pian
[reference 4,1.6.21.
(3) The community clubhouse will contain an outdoor swimming pool, indoor fitness
center, community room, business center, and leasing and management office for
the development. At least two outdoor (2) picnic table and at least two (2)
outdoor grills will be provided in the area adjacent to the creek behind the
clubhouse.
The Director of Planning may determine that substitutions of recreation facilities are in
general accord with this proffer and in satisfaction of the minimum requirements of
Section 4.16.2. L
D. The applicant agrees to participate in the development of a regional SWNIMNIP facility
AW in lieu of any requirement that it develop on-site SWNi1BNfP facilities for the Avemore
development.
(1) The regional SINMBlviP facility will be designed and sized to provide a standing
pool with a water quality volume equal to approximately 92,100 cubic feet at the
approximate location shown on the Plan.
(2) The regional SW-N1BMI' facility meeting the above design requirements shall
fulfill the Avemore development's requirement for stormwater quantity and
quality for all portions of the development draining to the facility. Any portion
not draining to the facility will have to meet the stormxvater quantity and quality
requirements by means of a separate stormwater management plan.
(3) The regional SWN1FlBMP facility will be constructed by the applicant, at its initial
expense, during the first phase of Avemore construction, and will be completed
prior to the issuance ofpe=its for additional phases.
(4) The engineering design ofthe regional SWNIIBNT facility will be subject to final
engineering and site plan approval by Albemarle County's Department of
Engineering. The Department of Engineering will have the right to reduce the
design parameters outlined in this Item D if hydrology characteristics, hydraulic
Page?of 4
engineering, geotechnical engineering or topographic conditions dictate a
modified design.
The proffer set forth in this Item D is -contingent on the availability of contiguous
'5) off-site property and the cooperation of the owners of such off-site property in
providing the necessary dedication of such property for the purposes of
construction and maintenance of the SW_,\,l/B!VIP facility. The off-site land will
be dedicated under terms satisfactory to the applicant and the County prior to
issuance ora grading permit for Avemore.
(6) In the event that the applicant determines that the regional SWINIMNIP facility is
not feasible under the terms and conditions outlined in this Item D, the applicant
in its sole discretion shall have the right to construct on-site SWN4/B,1YT
improvements to satisfy County water quality and water quantity requirements.
In such event, the proffers set forth in this Item D shall be null and void,
E. Applicant will acquire sufficient right-of-way, as determined by the County of Albemarle
Engineer, for a private, urban cross-section connector road that will be constructed to
V66T Mouatairious Terrain Standards. Such right-of-way will commence at the round-
about/parking area at the northeastern comer of the development, in the general area
shown' on the Plan as "Reserved for Private Street Connection (24' Pavement
Maximum),"and will terminate at Olympia Drive. This right-of-way will be platted prior
to approval of site plan for the Avemore development.
in conjunction with the construction of the phase closest to the area shown on the Plan as
"Reserved for Private Street Connection," the applicant will either construct the
connector road or bond with the County for the contraction of the connector road. This
bond will be held until the completion of the connector road; provided, however, that if
Olympia Drive is not extended to a point where the connector road can be completed
within 15 years, the bond will be returned to the applicant, with interest.
F. Upon contraction or widening of Fontana Drive, the applicant will construct a four foot
(4') wide, concrete sidewalk along Fontana Drive, 'between Avemore Boulevard and State
Route 20.
G. internal waLking paths will be five feet (5') wide and will be paved in asphalt.
H. Prior to site plan approval for phase I of Avemore, the applicant will dedicate to public
use an eight foot (8') wide right-of-way for the construction, maintenance and repair of a
sidewalk across Wilton Lots 16A. 16B, 17-1, 17-2 and 17-3, along the common boundary
of such lots with State Route 20.
Tlie applicant will provide sufficient night -of -way in the area between Wilton Farm Road,
and State ?,oute 20 ncccssitry to facilitate the construction of a second left -turn lane from
Page 3 of 4
Fontana Drive onto State Route 20, provided that such right-of-way will, not create a
zonmQ I violation for any existing improvements alone the path of such law right -of way,
This right-of-way will be provided at the time the Avernore road plan is approved by
Albemarle County.
L The Open Space shown on the plan along the shared common boundary with lots I
through 10, Fontana, Phase 1, will consist of @ a forty foot (40') buffer winch will not be
disturbed during construction and (ii) a seventy foot (70') building set back.
The applicant will contribute the lesser of (i) 50% ofthe cost of installing a traffic signal
at the intersection of Fontana Drive and State Route 20 or (ii) 550,000, such sum to be
applied only to 'he cost of installing such traffic signal. If the County obtains full
funding for such traffic signal from other sources and the applicant is not required to
contribute toward the cost of such signal, the applicant agrees that its contribution may be
applied instead toward the portion of the Route 20 improvement project in the area
between Fontana Drive and U.S. Route 250. Such payment will be made by the applicant
at the later to occur of (x) the installation of such traffic signal (or installation of the
Route 20 improvements, as the case may be) or (y) the issuance of the first buildin2
perm nt for the Avemore development.
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