HomeMy WebLinkAboutLZC200700051 Legacy Document 2014-04-010
COUNTY OF ALBEMARLE
Department ol'Community Development
401 McIntire Road, North Wing
Phone (434) 296-5832
Charlottesville, Virginia 2_2902-4596 ha x (434) 9724126
December 27, 2007
Ms. Jenny Waters
Zoning Analysis Group
3000 United Founders Blvd.
Oklahoma City, OK 73112
RE: Tax Map Parcel 061ZO-04-00-001CO and 061Z0-03-00-00500
1320 Branchlands Dr.; Branchlands Retirement Village; Holtrust LLC
LZC 2007-051
Dear Ms. Waters:
In response to a request for a Letter of Zoning Compliance for the above referenced
parcel, please be advised of the following:
• The property is developed as a 4 story -43 unit apartment building.
• The parcel is zoned Planned Unit Development and is located in the Airport
Impact Overlay District (AIA). Section 20.3.1 (attached) allows multi -family
dwellings as a by -right use.
• The property has been zoned as PUD since the County of Albemarle adopted
this designation in 1980. Two amendments to the PUD were approved.
ZMA1 980-26 was approved to increase the number of dwellings from 246 to
312 and to amend the road system. ZMA1 988-7 amended to application plan
and conditions of the PUD. Copies are attached.
• There are several special use permits (SP) in place for various phases and
portions of the Branchlands PUD. SP1980-63 was approved in conjunction
with ZMA1 980-26. SP1 988-9 was approved to allow filling in the floodway
fringe. Approval letters with conditions are attached.
• Parcel 061 Z0-04-00-001 Co was developed as an 18 unit apartment building
as identified as The Holtrust on an approved site plan, SDP1996-119, The
Ms. Jenny Waters
December 27, 2007
Page 2
site was later amended by SDP1998-82 which allowed a 25 unit building
addition to the existing structure on parcel 061ZO-03-00-005C0 and
reconfigured the parking for the overall site. Copies of site plans can be
made available to you, for an additional fee of $1.00 per page.
This phase of the building received a Certificate of Occupancy on August 13,
1999. It is the policy of this department to purge building permit files after
three years. Copies of Certificates of Occupancy are maintained on
microfilm. Therefore, we have not retained any copies of Certificates of
Occupancy associated with this project. Furthermore, the absence of a
Certificate of Occupancy for the project will not give rise to any enforcement
action. Please be aware that interior renovation that does not involve a
change of use does not require a Certificate of Occupancy. You may obtain a
copy of a Certificate of Occupancy for an additional fee of $25.00 each.
This office has no record of any open zoning violations. The site was
inspected for site plan compliance on December 21, 2007 and no
deficiencies or deviations were found.
Please conlact4hii--office if you are in need of further assistance.
.Sfricerely..
L-R—onald L. Higgins, AICP
Acting Chief of Zoning
Enclosures: Sections 20.3.1, permitted uses in PUD -Residential
Copy of approval and conditions for ZMAI 980-26, ZMA1 988-7
SP1980-63, SP1980 and SP1988-9
ALBENARLE COUNTY CODE
PUD districts may hereafter be established by amendment to the zoning map in accordance with
the provisions set forth generally for planned development districts in sections 8.0 and 33.6 and
with densities and uses in locations- in accordance with recommendations of the comprehensive
plan. As described by the comprehensive plan, PUD districts are intended to serve as
neighborhoods or mini -neighborhoods within designated communities and the urban area.
Additionally, PUD districts may be appropriate where the establishment of a "new village" or the
nucleus of a future community exists and where the fn 'D development would not preclude
achievement of the county's objectives for the urban area, communities and villages.
In order to encourage the community function, appropriate commercial and industrial uses are
provided in addition to a variety of residential uses. It is intended that commercial and industrial
development be limited to a scale appropriate to the support of the residential uses within the
18-20-1
CHAPTER 18
ZONING
SECTION 20
PLANNED UNIT DEVELOPMENT - PUD
Sections:
20.1
INTENT, WHERE PERMITTED
20.2
APPLICATION
20.3
PERMITTED USES- RESIDENTIAL
20,3.1
BY RIGHT
20.3.2
BY SPECIAL L•SE PERMIT
20.4
PERMITTED USES-COMMERCIAI.ISERVICE
20.4.1
BY RIGHT
20.4.2
BY SPECIAL USE PERMIT
20.5
PERMI'TTEDUSES- SHOPPING CENTER
20.5.1
BY RIGHT
20.5.2
BY SPECIAL. USE PERMIT
20.6
PERMITTED USES - INDUSTRIAL
20.7,
MINIMUM ,AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
20.8
REGULATIONS GOVERNING RESIDENTIAL AREAS
20.8.1
RESIDENTIAL DENSITY
20.8.2
MINIMUM AREA REQUIREMENT'S FOR OPEN SPACE
20.8.3
RECREATIONAL AREA REQUIREMENTS
20.8.4
HEIGHT REGULATIONS
20.8.5
BUILDING SEPARATION
20.8.6
SETBACK AND YARD REGULATIONS
20.9
REGULATIONS GOVERNING COMMERCIAL/SERVICE AREAS
20.9.1
INTENT, GENERALLY
20.10
REGULATIONS GOVERNING SHOPPING CENTER .AREAS
20.10.1
INTENT, GENERALLY
20.11
REGULATIONS GOVERNING INDUSTRIAL. AREAS
20.11.1
INTENT, GENERALLY
20.12
MINIMUM OFF-STREET PARKING AND LOADING SPACE
REQUIREMENTS
20.13
SIGN REGU=LATIONS
20.1 INTENT,
WHERE PERMITTED
PUD districts may hereafter be established by amendment to the zoning map in accordance with
the provisions set forth generally for planned development districts in sections 8.0 and 33.6 and
with densities and uses in locations- in accordance with recommendations of the comprehensive
plan. As described by the comprehensive plan, PUD districts are intended to serve as
neighborhoods or mini -neighborhoods within designated communities and the urban area.
Additionally, PUD districts may be appropriate where the establishment of a "new village" or the
nucleus of a future community exists and where the fn 'D development would not preclude
achievement of the county's objectives for the urban area, communities and villages.
In order to encourage the community function, appropriate commercial and industrial uses are
provided in addition to a variety of residential uses. It is intended that commercial and industrial
development be limited to a scale appropriate to the support of the residential uses within the
18-20-1
ALREMARLE COUNTPCODE
PUD; provided that additional commercial and industrial activity may be permitted upon a finding
that the area in which the PUD is to be located is not adequately served by such use.
It is intended that these regulations provide flexibility in residential development by providing for
a mix of residential uses with appropriate nonresidential uses, alternative forms of housing,
flexibility in internal relationships ofdesign elements and, in appropriate cases, increases in gross
residential densities over that provided in conventional districts.
20.2 APPLICATION
Notwithstanding the requirements and provisions of section 8.0, planned development districts,
generally, where certain planned community districts have been established and have been
developed or received final site development plan approval prior to the adoption of this ordinance,
such districts shall be considered to have been established as PUD districts under this ordinance
and shall be so designated on the zoning map.
20.3 PERMITTED USES- RESIDENTIAL
Within areas approved as residential on the application plan, permitted uses shall be as follows:
20.3.1 BY RIGHT
The following uses shall be permitted subject to the requirements and limitations of this
ordinance:
I. 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. Ylultiple-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.
Tines, transformers, pipes, meter 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)
.. 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 31.25); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned andlor operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). iAmended I 1-1-89)
18-20-2
ALBEMARLE COUNTYCODE
8. Temporary construction uses (reference 5.1.18)_
9- Accessory uses and structures including home occupation, Class A (reference 5.2) and storage
buildings.
19. Homes for developmentally disabled persons (reference 5.L07).
11. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
12. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40).
(§ 20-203.1, 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)
24.3.2 BY SPECIAL tSE PERMIT
The following uses shall be permitted only by special use permit, provided that no separate
application shall be required for any such use included in the original PUD rezoning petition:
I. Day care, child care or nursery facility (reference 5.1.06).
2. Fire and rescue squad stations (reference 5.1.09).
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; micro-
wave 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. Tier ❑( personal wireless service facilities (reference 5.1.40), (Added 10-13-04)
(§ 20-203.2, 12-10-80; 9-2-81; I1-7-84; Ord. 03-I8(1), 2-5-03; Ord. 04-18(2), 10-13-04)
20.4 PERMITTED USES- COMMERCI.ALISERYICE
Within areas approved as commerciaVservice on the application plan, uses permitted shall be as
follows:
24.4.1 BY RIGHT
1. Uses permitted by right in section 22.0, commercial, C -i.
_. Uses permitted by right in section 23.0, commercial office. CO.
20.4.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit, provided that no separate
application shall be required for any such use included in the original PUD rezoning petition:
1. Uses permitted by special use permit in section 22.0, commercial, G1.
18-20-3
Zoning Supple -,n 30, Iii -13-i4
ALBEmARLE COL'NTP CODE
2. Uses permitted by special use permit in section 23.0, commercial office, CO.
3. Stand alone parking and parking structures (rcference 4.12, 5.1.41). (Added 2-5-03)
24.5 PERMITTED USES - SHOPPING CF,N7'ER
Within areas approved for shopping center on the application plan, uses permitted shall be as
fol lows:
24.5.1 BY RIGHT
Uses permitted by right in section 25.0, planned development - shopping centers. PD -SC.
20.5.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit, provided that no separate
application shall be required for any such use included in the original PUD rezoning petition:
I. Uses permitted by special use permit in section 25.0, planned development - shopping centers,
PD -SC.
2. Stand alone parking and parking structures (reference 4.12, 5.1.411. (Added 2-5-03)
20.6 PERM17-FED USES- INDUS"i'MAL
In approval of areas as industrial on the application plan, the board of supervisors shall designate
the category of uses as provided in section 29.0, planned development - industrial park, PD- (P for
each subarea of industrial on the application plan. Thereafter, except as otherwise expressly
provided herein, uses permitted shall be established in accordance with section 29.0, provided that
no separate application shall be required for any such use permitted by special use permit included
in the original PUD rezoning petition.
20.7 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DIS'PRICT
20.7.1 Minimum area required for the establishment of a PUD district shall be one hundred (I00? acres.
20.7.2 Additional area may be added to an established PUD 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 20.7.1.
20.8 REGULATIONS GOVERNING RESIDEN'FIAL AREAS
20.8.1 RESIDENTIAL DENSITY
'Fie gross and net residential densities permitted in any PUD 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 burns and cluster provisions of this ordinance shall be inapplicable to
any PUD except as herein otherwise expressly provided.
18-20-4
[oning Suppiericnt-?Q I( 13-04
ALBEMARLE COUNTY CODE
20.8.2 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE
Not less than twenty-five (25) percent of the residential area of any PUD shall be in open space.
20.8.3 RECREATIONAL AREA REQUIREMENTS
See section 4.16 for recreation requirements. (.Amended 3-5-86)
20.8.4 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 front 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)
20.8.5 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 1-1-831)
20.8.6 SETBACK AND YARD REGULATIONS
Structures to be located on the outer perimeter urn PCD district shall conform to the setback and
yard regulations of the adjoining district.
Within the PUD district, the board of supervisors shall establish minimum setback and yard
requirements at time of establishment of such district.
20.9 REGULATIONS GOVERNING COMMERCIALtSERV ICE AREAS
20.9.1 INTENT, GENERALLY
Commereialiservice areas are intended to be of a scale, character and location appropriate to
provide convenience services primarily for the residents of the PUD district. To this end, where
practical, commercial service areas shall be internally oriented and separated from dissimilar areas
surrounding the PUD district. External vehicular access shall be discouraged and internal
pedestrian access shall be encouraged. Total commercial/service area shall be based on dwellings
served. Individual establishments shall be limited in size to avoid the impression of general
commercial development.
29.9.2 Commercial service areas shall comply to the requirements of section 21.0, commercial districts,
generally, provided that any requirement of section 21.0 shall be subject to modification, variation
or waiver as provided in section 89, planned development districts, generally_ For such areas as
may be located on the perimeter of a PGB district, the commission shall be particularly mindful of
the intent to protect the character of adjoining development.
20.9.3 The total gross floor area of uses permitted in commercial! service areas shall not exceed twenty
(2101 square feet per dwelling unit approved on the application plan. Outdoor display service or
18-20-5
ALBEMARLE COUNTY CODE
sales areas shall be included in gross floor area calculations. For gasoline service stations, each
fuel pump shall count as two hundred (200) square feet of gross floor area and all service bays
shall be included in gross floor area calculations No individual commercial establishment shall
have a gross floor area in excess of five thousand (5,000) square feet.
20.9.4 Building permits for commercial, service uses shall not be issued prior to issuance of building
permits for eighty (80) percent of the dwelling units approved on the application plan.
20.10 REGULATIONS GOVERNING SHOPPING CENTER AREAS
20.10.1 INTENT, GENERALLY
Shopping center areas shall be permitted only upon a finding that:
a. The scale of the PLD development is adequate to support such use;
b. The area in which the PUD development is located is not adequately served by such use.
More specifically, no shopping center area shall be permitted which does not satisfy the
requirements of section 25.1.
24.10.2 Shopping center areas shall comply with the requirements of section 25.0, planned development -
shopping centers, provided that any requirement of section 25.6 shall be subject to modification,
variation or waiver as provided in section 8.0, planned development districts, generally. For such
areas as may be located on the perimeter of a PUD district, the commission shall be particularly
mindful of the intent to protect the character of adjoining development.
20.10.3 Building permits for shopping center uses shall not be issued prior to issuance of building permits
For eighty (80) percent of the dwelling units approved on the application plan.
20.11 REGULATIONS GOVERNING INDUSTRIAL AREAS
20.11.1 INTENT, GENERALLY
Industrial areas are intended to provide convenient employment for residents of the PUD district,
and where deemed appropriate, for residents of surrounding areas based upon the availability of
labor in such areas. To this end; acreage devoted to industrial use shall be proportional to the
population served. Additional acreage for industrial usage may be reserved for future
development to serve the overall industrial needs of Albemarle County as recommended by the
comprehensive plan.
20.1 12 Industrial areas shall comply with the requirements of section 26.0, industrial districts, generally,
and section 29.0, planned development - industrial park, except as hereinafter expressly provided.
Any requirement of sections 26.0 and 29.0 shall be subject to modification, variation or waiver as
provided in section 8.0, planned development districts, generally. For such areas as may be
located on the perimeter of a PUD district, the commission shall be particularly mindful of the
intent to protect the character of adjoining development.
20. 11.3 Generally, industrial acreage shall not exceed one (1) acre per one hundred ;1007 dwelling units
within the PDD district, provided that the board of supervisors may increase such acreage: (I) in
order to provide for future industrial development am for (2) upon a finding that the industrial
uses proposed will provide employment to residents outside the PUD development.
18-20-6
ALBEM•iRLE COUNTY CODE
26.11.4 Building permits fir industrial uses shall not be issued prior to issuance of eighty (80) percent of
the dwelling units approved on the application plan.
20.11.5 Sections 29.3 and 29.4 shall not apply to industrial areas within a PUD district, provided that the
total number of industrial uses shall not exceed the total number of acres within the industrial area.
20.12 MINIMUM OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS
Off-street parking and loading space requirements shall be in accordance with section 4.12.
20.13 SIGN REGULATIONS
Sign regulations shall be as prescribed in section 4.I5,
18-20-7
,(OF ALSZAI�
CP
Department of Planning
7-,ODERT 'A'. TUCKER. JR. ? HO./2--2Z
61. EAz-. -- .7:EET
February 20, 1981
Dr. Jan Langmaz
S
amE rset,
Farm
Charlottesville, Virginia 22901
Dr.Charles W. Furt
1650 State Farm Boulevard
Charlottesville, Virginia 22901
Gentlemen:
RONALD S. KEELER
NANCY MASON C—E.T—
KATHERINE 7L ....
'"1011
RE: ZM-4-80-26 Dr. Jan Langone
SP -80-63 Dr. Charles W. Hurt
The Albemarle County Board of Supervisors at its meeting of February 18, 1981,
approved the above -referenced requests to amend 26.62 acres of Branchlands PUD
to increase the number of dwellings from 246 to 312 and to amend the road system,
With the following list of conditions:
A. General
1. Locations and acreages of various land uses and residential densities
shall comply with the Reviled Application Plan. The Application Plan shat.'.
consist of the individual proposals of SP -80-63 Charles W. hurt and ZNL3-80-26
Dr. Jan Langman as amended by the Board of Supervisors.
2. For Areas A, C and D of the Application Plan, onen space requirements of
.'.0.8.2 and recreational area requirements in 20.8.3 of the Zoning Ordinance shall
h-, met for each area individually, Modification; For Area C, a ainimura of 50
!:q.;are feet/dwelling unit of recreational area shall be developed for -ault
rec,.-eation purposes. No recreational area for pre-school or school-
age,, children shall be =eq,:ired.
,. Albemarle County Service Authority approval of water and sewer plans shall
be obtained prior to final subdivision plat or site plan approval for any phasa to
be developed. All on-site and off-site water and sewer improvements she' -1 be pro-
vided by t' - developer at no cost to the Service Authority.
4. No final subdivision plat or cite Plan for any phase of de,.,elCprnr-nt shall
ne al;,orove,! by the =iannina Cormission until approval has been obtained =:rom the
Count,; Lnqineer of a s -,-o rw ater detention facilities/drain4rge plar, in accordance
t�-)c untan storrwater detention ordinance, the Flood Ha::,rd Cverj.ay District,
r]
Dr. Jan Uangman/Dr. Charles W. Hurt
February 20, 1981
Page two
11
and all other applicable law. Ip such review the County Engineer may consult the
Soil Conservation Service or other agency deemed appropriate and shall be mindful
of past grading/filling activity in areas proposed for development and of possible
upstream enlargement of drainage facilities.
5. Bike and pedestrian trails should be constructed along open space corridors
(stream beds) or sewer easements. Such construction shall occur with each phase of
development on the open space corridors and sewer easements located within or
immediately adjacent to that phase of development; provided that the Planning Commis-
sion may require reasonable extension of such bike/pedestrian trail through other
areas if such extension provides linkage to an existing or approved bike trail,
In addition to such other bike/pedestrian trails as may be proposed by the
developer or required by the Commission, the north -south trail shown on the Applica-
tion Plan shall be constructed to connect to the bike/pedestrian trail in the
Fashion Square Mall and to the proposed Charlottesville trail to the south.
6. Approval by County Attorney's office of homeowners' association agreements
for the maintenance of driveways, open space, and other commonly -owned or common -
we amenities.
Owners of properties designated for commercial use and Walter F. Sullivan,
Bishop of Rich -mond, as owner of Areas (a 12.0 acre tract to be reserved for church
purposes and not sold as part of the planned community property referred to herein-
after as the church property) shall not be required to be members of the homeowners'
association; provided that these owners shall be solely responsible for the mainte-
nance of the driveways, open space, etc, located within their respective tracts,
and that such maintenance shall be comparable to that level established in the
homeowners' association aGreements for other such uses.
Should commercial development of sale of commercially designated property occur
prior to establishment of homeowners' association agreements, the Planning Commission
may require in the deed restrictions for such property, provisions for the maintenance
of such driveways, open spaces, etc., as the Commission shall deem appropriate for
adequate buffering and Protection of residential areas and for the reasonable usage
of such areas by future residents of the planned community.
In respect to usage, the homeowners' association members shall enjoy the same
rights and privileges of use of driveways, open space, etc. within commercially
designated areas and the church property as shall be established by homeowners'
association agreements for other such uses within the planned corrunity.
In addition to the foregoing, for Areas A, C and D, portions of the open space
and recreational facilities provided may be reserved for the exclusive use of the
residents of such areas, either in common or individually, subject to Coumission,
approvai.
11
0
Dr. Jan Langman/Dr. Charles W. Hurt
Febrlaary 20, 1981
Page three
7. Approval by the County 4kttorney's Office of deed restrictions for sections
to be sold. The County Attorney shall review such documents for provisions adequate
to insure compliance with conditions of approval contained herein.
8. Fencing and/or appropriate screening along the Chapel Hill subdivision
boundary may he required by the Planning Commission at time of final approvals.
9. No final approvals shall be granted by the Planning Commission until the
Squire Hills Apartments site plan has been amended in regard to the Branchlands
collector road. Such amendment shall he subject to Staff and Virginia Department of
Highways and Transportation approvals.
10. Designation of Areas:
AREA
USE
A
82 dwelling units
S
church
C
312 dwelling units, elderly
D
90 dwelling units
E
11.0 commercial service acreage
F
8.7 commercial service acreage
* B. Transportation System
1. Except as otherwise approved in Area C, all roads are to be designed and
built to Virginia Department of Highways and Transportation standards and dedicated
acceptance into the State Highway System. Limitation of internal access to
public roads should be considered in the design of such roads only if the Applica-
tion Plan is amended to reflect such limitation of access.
2. Tn addition to the requirements of 8.5.6.4, no grading permit shall be
issued for Public or orivate roads until road plans have been approved by the
Virginia Department of Highways and Transportation and/or the County Engineer, as
the case may be.
3. There shall not be more than three entrances from Route 29 North, inclusive
of access to Greenbrier Drive. Access to Route 29 North shall be subject to the
Virginia Department of Highways and Transportation approval, including but not
limited to the possible requirement of new crossovers and signalization. Internal
intersections with Route 29 North access roads shall be 200 feet or more from the
right-of-way of Route 29 North.
4, The Planning Commission has determined that the Branchlands collector road
is in substantial compliance with the Comprehensive Plan.
5. 4he extension of Greenbrier Drive from the end of State maintenance to the
Branchlands collector road shall be. designed in accordance with Virginia Department
U
Dr. jan Langman/Dr. Charles W. Hurt
February 20, 1981
Page four
of Highways and Transportation standards to accommodate traffic anticipated from
the Branchlands collector road and Areas C and D, and dedicated for acceptance
into the State Highway System. From the Branchlands collector road to Areas C
and D, Greenbrier Drive shall he designed in accordance with Virginia Department
of Highways and Transportation standards to accommodate traffic anticipated from
Areas C and D, and dedicated for acceptance into the State Highway System.
Branchlands Collector Road
Section 1 shall be from Greenbrier Drive to north of the intersection with Access
Road 2. Section 2 shall be from south of the intersection with Access Road 2 to
north of the intersection with the existing Branchlands entrance road. Section 3
shall be from south of the intersection with the existing Branchlands entrance
road to the property line of Squire Hill Apartments.
C. Phasina of Development
Since no chronological phasing plan has been proposed by the applicants at this
time, conditions addressing phasing of development intentionally overlap. Improve-
ments will be required in accordance with conditions contained herein in the order
in which development occurs. Improvements required shall not be deferred to a
future phase of development.
1. Except as otherwise provided herin, all features and improvements within
a delineated area of development shall be provided concomitant with the development
of the particular area (i.e., Areas A through F of the Application Plan).
2. The extension of Greenbrier Drive shall he constructed to Virginia Depart-
ment of Highways and Transportation standards and dedicated for acceptance into the
State Highway System, and Access Road 2 from Route 29 North to Area C shall be
constructed to private road standards at the time of development of Areas C and/or D.
• 3. Sections 1 and 2 of the Branchlands collector road and Access Road 2 from
Route 29 North to the Branchlands collector road shall he constructed to Virginia
Department of Highways and Transportation standards and dedicated for acceptance
into the State Highway System at the time of development of Area E. -
4. The existing Branchlands entrance shall be relocated and constructed to the
satisfaction of the Virginia Department of Highways and Transportation prior to the
issuance of any building permit for any phase of development which would have access
to and increase traffic at the existing entrance provided that the Planning commission,
upon recommendation of the Virginia Department of Highways and Transportation, may
waive this requirement for a particular phase of development upon a finding that the
existing entrance would be adequate to accommodate in a safe manner such traffic as
may be occasioned by such development.
5. Section 3 of the Branchlands collector road shall be constructed at the
time of development of Areas F and/or A.
Dr. Jan Langman/Dr. Charles W. Hurt
February 20, 1981
Page five
0
6. The bike/pedestrian trail in Area B shall be constructed by the appli-
cants at no cost to the owner of Area B concomitant with the construction of the
trail in Area A or C, whichever shall occur first. The owner of Area B has con-
sented to grant an easement for the construction of the bike/pedestrian trail at a
location across Area B which does not interfere with the use of Area B by the owner
thereof.
D.' Modification and Waiver of Zoning Ordinance Regulations
1. Section 8.5.6.4 Building Permits shall not apply to existing structures
in Areas B and C unless the provisions of 32.0 require a site plan prior to issuance
of such permit.
2. Section 20.8.6 Setback and Yard Regulations shall be established at time
of final approvals as opposed to establishment at time of rezoning.
3. Section 20.4 Permitted Uses: Commercial/Service, Section 20.9 Regulation
Governing Commercial/Service Areas- Section 20.4 shall apply to Areas C, E and F.
For Area C, Commercial/Service areas established in accordance with 20.9.3 shall be
in addition to uses to be located in the existing manor house. Limitations of 20.9.3
--hall not apply to Areas E and F.
- 4. Section 20.9.4 Building Permits shall not apply to Areas C, E and F.
If we can be of any assistance to you in this matter, please contact this office.
sl -r
cc: Bishop W. F. Sullivan, Care of
M. E. Gibson, Jr.
11
Sincerely,
Ablw_ � . W' aj
Stuart L. Richard
Planning Department
BRANHLANDS
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COUNTY OF ALBEMARLE
De1m, of pjariojog & Community Development
401 McIntire Read
Charlottesville, V;
irginia 22901-4596
(804) 296-5823
July 13, 1988
Branchlands First & Second Land Trust
c/o Ron Langman, Tr
P. O. Box 7060
Charlottesville, VA 22906
Republic Homes, Inc
c/c, mark Bullock
2788 Hydraulic Road
Charlottesville, VA 22901
Virginia Gardner
P. O. Box 8147
Charlottesville, VA 22906
RE: SP -88-4 Republic Homes
SP -87-9 Branchlands First & Second Land Trust
ZMA-88-7 Branchlands PUD
Dear Sir or Madam:
The Albemarle County Board of Supervisors, at its meeting on
July 6, 1988, unanimously approved the above -noted petitions
as follows:
0 SP -88-4 Republic Homes - To allow for filling in the
flocdway fringe of an unnamed branch of Meadowcreek.
Property, located on the southeast side of Greenbrier
Drive adjacent to Brockmill Subdivision. Tax Map 61Z,
Parcel 1. Charlottesville District. Approved with the
following conditions:
a. County Engineer approval in accordance with
requirments of 30.3 FLOOD HAZARD OVERLAY DISTRICT
Page 2
July 13, 1988
simultaneous with approval of unified drainage
plan;
b. Approval of appropriate local, state and federal
agencies;
C. All channel improvements with in Brookmill (Area
D), to be accomplised at time of any filling in
the floodplain under SP -88-04 Republic Homes.
SP -88-9 Branclands First & Second Land Trust - To fill
in approximately 40,000 cubic yards of earth into the
floodway fringe of Meadowcreek. Zoned PUD. Property,
located on the west side of Branchlands Drive
approximatley one-fourth mile north of the intersection
with Greenbrier Drive in Branchlands Village. Tax Map
61Z, Parcel 4 and 5. Charlottesville Magisterial
District. Approved with the following conditions:
a. County Engineer approval in accordance with
requirments of 30.3 FLOOD HAZARD OVERLAY DISTRICT
simultaneous with approval of unified drainage
plan;
b. Approval of appropriate local, state and federal
agencies;
C. All channel improvements within Brookmill (Area D)
to be accomplished at time of any filling in the
floodplain under SP -88-04 Republic Homes.
ZMA-88-7 Branchlands, PUD - To amend application plan
and conditions of SP -80-63 and ZMA-80-26 Branchlands
PUD. Zoned PUD, Property, located on Greenbrier Drive,
off Rt. 29N, within the Branchlands PUD. Tax Map 61Z,
Sections 3, 4, and 5. Charlottesville Magisterial
District. Approved as follows:
A. General
A.l. The revised application plan is appended to this
document as Exhibit 1. Documentation supporting the
unified drainage plan contained herein has been
forwarded to Albemarle county Engineering under a
separate cover.
A.2. For Areas A, C and D of the Application Plan, open
space requirements of 20.8.2 and recreational area
requirements in 20.8.3 of the Zoning ordinance shall be
met for each area individually. Modification: For Area
C a minimum of 50 square feet/dwelling unit of
recreational area shall be developed for adult
recreation purposes. No recreational area for
pre-school or elementary school -aged children shall be
required.
Page 3
duly 13, 1988
A.3. Approval by County Attorney's office of homeowners
association agreements for the maintenance of
driveways, open space, and other commonly -owned or
common -use amenities.
owners of properties designated for commercial use and
Walter F. Sullivan, Bishop of Richmond, as owner of
Area B (a 12.0 acre tract to be reserved for church
purposes and not sold as part of the planned community
property referred to hereinafter as the church
property) shall not be required to be members of the
homeowners' association; provided that these owners
shall be solely responsible for the maintenance of the
driveways, open space, etc. located within their
respective tracts, and that such maintenance shall be
comparable to that level established in the homeowner's
association agreements for other such uses.
Should commercial development or sale of commercially
designated property occur prior to the establishment of
homeowners' association agreements, the Planning
Commission may require in the deed restrictions for
such property, provisions for the maintenance of such
driveways, open spaces, etc., as the Commission shall
deem appropriate for adequate buffering and protection
of residential areas and for the reasonable usage of
such areas by future residents of the planned
community.
In respect to usage, the homeowners' association
members shall enjoy the same rights and privileges of
use of driveways, open space, etc., within commercially
designated area but not including the church property,
as shall be established by homeowners' association
agreements for other such uses within the planned
community.
In addition to the foregoing, for Areas A, C, and D,
portions of the open space and recreational facilities
provided may be reserved for the exclusive use of the
residents of such area, either in common or
individually, subject to Commission approval.
A.4. Approval by the County Attorney's Office of deed
restrictions for sections to be sold. The County
Attorney shall review such documents for provisions
adequate to insure compliance with conditions of
approval contained herein. currently the church has a
deed restriction in place which restricts commercial
Page 4
July 13, 1988
development on it's boundaries. In specific this deed
restriction says "that portion of the property which is
located within 200 feet of the boundaries of the 12
acres reserved by the grantor as described above, shall
be developed only for residential uses unless the
grantor or his successors agree in writing to some
other use." Deed Book 709, Page 688.
A.5. In addition to current deed restrictions, twenty (20)
foot landscaping buffers shall be provided at the time
of development by the developer between commercial
areas and residential areas within the PUD. In
particular the developers of commercial properties of
the PUD shall supply these 20 foot landscaping buffers
on their properties. Twenty foot landscaping buffers
shall be established between Hillsdale Drive and the
residential areas within the PUD. The members of the
PUD shall establish twenty foot landscaping buffers
between the PUD property and other adjacent property.
Fencing and/or appropriate screening may be required
between residential and commercial areas and between
the PUD and adjoining parcels. Area B of the PUD is
specifically exempt from these landscaping
requirements; provided that the Planning Commission may
require landscaping in accordance with § 32.7.9
LANDSCAPING AND SCREENING REQUIREMENTS of the Zoning
Ordinance at time of approval of any development within
Area B.
A.6. Each owner of a specific section (A,B,C,D,E, OR F)
shall be responsible for any and all improvements
indicated on this plan which falls on their property.
The church Area B is specifically excluded from any
responsibility for any improvements on their property
(For Area B only). The only exceptions to this are as
follows:
a. The owners of Area C and E shall split the cost of
adding the fifth 72" pipe under Greenbrier Drive.
b. The owner of Area C shall construct the walk on
one side of the church road.
B. STORM WATER DETENTION AND DRAINAGE PLAN
The requirements established herein are based on studies by
engineering consultants hired by the owners to be reviewed
and approved by the Albemarle County Engineering Department.
This report dated 3/28/88 from Gloeckner & Osbourne is
attached hereto as supporting documentation. Portions of a
Page 5
July 13, 1988
general and unified drainage plan have already been approved
and have allowed for the initial development of the PUD. in
order to accommodate the ultimate impact to the PUD on
surrounding properties, the following unified drainage plan
is submitted.
B.1. The individual members of the PUD agree to grant
drainage easements for the benefit of the PUD. The
owners of the PUD agree to take the necessary measures
to implement these improvements.
B.2. A Wetlands Water Quality area will serve as a partial
detention area. In cooperation with the County
Engineering Department and the University of Virginia,
the owners of the PUD empowered the owner of Area E to
build a Wetlands Area. Due to the probable transfer of
properties to owners other than the original PUD
members, the owner of Area E will deed an easement to
the County of Albemarle for the most effective
continual monitoring of the Wetlands area. If at some
future time the County Engineering Department
determines that the wetlands is not longer serving its
intended purpose of water quality management the
project will be terminated and the easement vacated.
Alternative development of this land will be possible
at that time, following standard site plan procedures,
and provision of stormwater management measures in
accordance with § 32.7.4 of the Zoning ordinance for
all of Area E and F.
B.3. The 2711 diameter pipe positioned under the existing
church road will not be increased or decreased in
diameter. The size of this pipe limits the velocity of
storm water flow, effectively creating a natural
detention area on Lot 4 of Area F. The storm water
detention capacity of the area upstream of this pipe
within the PUD will not be decreased in any way
whatsoever. This natural detention area and the 27"
diameter pipe under the church road shall be maintained
by the owner of Lot 4 Area F.
B.4. The six foot by six foot box culverts though Area E
control storm water runoff from areas west of Rt. 29
through the PUD the point shown on Exhibit 1.
B.S. The current HUD flood hazard overlay map indicates a
100 year floodplain at elevation 399 within the
Branchlands PUD. It is understood that an actual 100
year flood may exceed this limit, hence the members of
Page 6
July 13, 1988
the PUD have agreed to this unified drainage plan. A
channel designed to accommodate the 100 year storm
shall be approved by the Albemarle County Engineering
Department. The channel will be constructed though the
PUD as shown on Exhibit 1 and as shown on the specific
drainage plan prepared by Gloeckner & Osborne. Riprap
of the channel will be installed to a standard
sufficient to provide channel stability and control
effects of channel erosion. This channel will allow
the development of Area C to fill to the drainage
easement necessary for the channel. Construction of
the channel will proceed with the development of Area
E, Area F, or the filling of Area C whichever shall
occur first. In addition a fifth 7211 pipe shall be
added under Greenbrier Drive at the time of the
construction of the drainage channel.
C. TRANSPORTATION PLAN
c.l. Primary ingress and egress for Areas A,B,E & F will
derive from 29 North, north and south at Branchlands
Boulevard. Secondary access will derive at Rio Road
and Fashion Square Mall through Squire Hills, by way
Hillsdale Drive. Branchlands Boulevard and Section 1
of Hillsdale Drive to Branchlands Boulevard are
currently under construction to a standard approved by
VDOT for acceptance into the state highway system. The
remainder of Hillsdale Drive shall be designed for
acceptance into the state system by VDOT, and
constructed at time of development of any portion of
Area E or F.
Direct access to 29 North shall occur only at
Branchlands Boulevard, and the developer shall provide
signalization of the intersection of Rt. 29N and
Branchlands Boulevard at time of any development of
Area E or F.
C.2. The extension of Greenbrier Drive from the end of state
maintenance to Hillsdale Drive shall be designed in
accordance with VDOT standards to accommodate traffic
anticipated from the Hillsdale Drive and Areas C and D,
and dedicated for acceptance into the state highway
system at time of development of any portion of Area E
or F. From Hillsdale Drive to Areas C and D,
Greenbrier Drive shall be designed in accordance with
VDOT standards to accommodate traffic anticipated from
Areas C and D, and dedicated for acceptance into the
Page 7
July 13, 1988
state highway system.
C.3. Access Road II from 29N to Hillsdale Drive and then
through Area C is no longer deemed necessary and shall
not be installed.
C.4. With the exception of Brookmill Drive pedestrian
walkways will be provided on one side of all public
roads to VDOT standards. An additional pedestrian
walkway will be provided across Area C to Hillsdale
Drive along one side of the existing church road.
Pedestrian trails should be constructed along open
space corridors (stream beds) or sewer easements. Such
construction shall occur with each phase of development
on the open space corridors and sewer easements located
within or immediately adjacent to that phase of
development.
D. LAND USE PLAN
Locations and acreages of various land uses and residential
densities shall comply with the Revised Application Plan,
Exhibit 1.
Staff recommends the following land use schedule:
AREA ACREAGE USE
A 7.04
B
12.00
C
26.63
D
14.915
E Lot 5
1.5
.,lot 6
8.11
Lot 6A
1.0
F Lot 1
4.09
Lot 2
1.00
Lot 7
5.84
Lot 4
3.285
82 dwellings OR 106 low/moderate
cost units
Church
312 dwellings elderly housing
90 dwellings
Net usable acres - office
Net usable acres -
commercial/service
Net usable acres
commercial/service OR wetlands
Marriott (commercial/service)
Net usable acres - office
Net usable acres -
commercial/service
No development
E. MODIFICATION AND WAIVER OF ZONING ORDINANCE REGULATIONS
1. Section 8.5.6.4 Building Permits shall not apply
to existing structures in Areas B and C unless the
provisions of 32.0 require a site plan prior to
issuance of such permit.
2. Section 20.8.6 Setback and Yard Regulations shall
be established at time of final approvals as
opposed to establishment at time of rezoning.
3. Section 20.4 Permitted Uses: Commercial/Service;
Section 20.9 Regulations Governing
Commercial/Service Areas: Section 20.4 shall
apply to Areas C, E and F. For Area C,
Commercial/Service areas established in accordance
with 20.8.3 shall be in addition to uses to be
located in the existing manor house. Limitations
of 20.9.3 shall not apply to Areas E and F.
4. Section 20.9.4 Building Permits shall not apply to
Areas C, E and F.
If you should have any questions or comments regarding the
above noted action, please do not hesitate to contact me.
Sincerely,
J h T. P. Horne
D' -ct-r of Planning & Community Development
JTPH/jcw
CC. Kathy Brittain