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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
October 25, 2005
Justin Beights
Beights Development Corporation
800 E. Jefferson St.
Charlottesville., VA 22902
RE: Official Determination on Development of Redfields Phase 5
Tax Map 76R, Parcel 1 (TMP 076R0- 00 -00- 00100)
Dear Justin:
Fax (434) 972 -4126
Although we have already discussed this by telephone, you requested a written determination
regarding the process to develop Phase 5 of the Redfields PRD. My official determination is that
you will need to apply for a Zoning Map Amendment (ZMA) with a new application plan
showing the proposed development in this area. The following fui ther explains my research and
findings.
Redfields was originally zoned Planned Residential Development through ZMA 89 -18. In the
initial Application Plan, the area in question was identified as Phase 6. In ZMA 98 -08 the same
area was identified on a Phasing Plan as Phase 5, noted as being 33.6 acres of Open Space, and
labeled "Parcel E."
In researching the subdivision files in the Community Development Department, I found two
relevant approved plats, both drawn by Kirk Hughes & Associates. The first was dated revised
March 14, 1997. It noted the area as "Parcel `E,' remaining 58.4704 acres" and as "Future
Development Phase 2 Open Space." The most recent plat (June 1, 200 1) that included the same
area was entitled "Plat Showing Survey of: Parcel `E -4' being a portion of Parcel `E' Redfields."
It labeled the area as "Parcel `E' remaining 45.3429 acres." This is the same acreage currently
carried by our real estate assessment office for TMP 76R -1
Since you now want to develop this Open Space parcel, you will need to submit the fee and a
ZMA application that meets all the submittal requirements of the Zoning Ordinance section 8.5.
This will require an amended Application Plan for the whole PRD including a summary of the
lots /dwelling units already approved in site plans and subdivision plats, along with the acres
devoted to each: residential units, roads and open space. It should also show what you want in
the Phase 5 area and demonstrate that you will still meet the PRD requirements of a minimum of
25% open space overall and not exceed the total 656 dwelling units originally approved. You
Redfields Determination 2 October 25, 2005
may request changes to the total number of dwelling units if you choose. By my count however,
you have only platted 441 lots (including E3), so you have approximately 215 more. The
original Application Plan included 29% land in Open Space so that may be an issue for a
rezoning, but you may propose less provided you meet the 25% minimum.
This determination is consistent with language from the June 17, 1998 minutes of the Board of
Supervisors' public hearing for ZMA 98 -08 which states, "Since Phase 5 is currently shown as
open space and its development would be subject to a separate future zoning action, staff
recommended the zero lot line pattern for Phase 5 be dealt with at that time."
If you are aggrieved by this determination, you have the right to appeal it within thirty (30) days
of the date notice of this detennination is given, in accordance with Section 15.2 -2311 of the
Code of Virginia. If you do not file a timely appeal, this determination shall be filial and
unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the
Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. In order
for an appeal to be considered complete, it shall include a completed application and $120 fee.
The date notice of this detennination was given is the same as the date of this letter.
If you have any further questions or concerns, please call or write again.
Sincerely,
c
Janice D. Sprinkle
Deputy Zoning Administrator
Cc: Redfields Land Trust
Ben M. Miller, Elizabeth E. Miller & Percy'Montague III, Trustees
C/O Debra A. Raines
413 7`" St. NE
Charlottesville, VA 22902
Reading file
ZMA 98 -08 and 2001 -01
Wayne Cilimberg, Director of Planning ;/