HomeMy WebLinkAboutLOD200900005 Letter of Determination 2009-06-12COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 15, 2009
Pete Caramanis, Esq.
Tremblay & Smith, LLP
P.O. Box 1585
Charlottesville, VA 22902
Re: Zoning Determination — Redfields PRD (Tax Map 76R Parcels 1 and E4)
Dear Mr. Caramanis:
This determination letter is in response to your request for a finding as to whether these
parcels may be sold by Redfields Development Corporation. As I also mentioned to
you, I've received a related question from a resident asking if these properties are
required open space and therefore must be conveyed to the Redfields Homeowners'
Association. It is my determination that nothing in any of the zoning actions discussed
below prevents this property from being sold to third parties. It is my further
determination that these two parcels are not required open space at this time and
therefore, are not required to be conveyed to the Redfields Homeowners' Association.
It is my further determination that prior to any future use of these parcels, an
amendment to the Redfields Planned Residential District (PRD) zoning must be
obtained. These parcels are currently shown on the approved application plan with no
designated use.
In formulating this determination, I have reviewed the rezoning files and numerous
subdivision files for Redfields. (See History in Attachment F) I have also read minutes
of the proceedings of the rezonings, including the most recent application (ZMA 2001-
01 Redfields, Phase 4). 1 have also consulted with Greg Kamptner, Deputy County
Attorney, and Wayne Cilimberg, Director of Planning.
A brief description of the current information about these two parcels is as follows:
■ Tax Map 76 R Parcel E4
This parcel is zoned PRD and consists of 13.128 acres. This property is shown
within Phase 2 on the application plan.
Pete Caramanis, Esq.
Zoning Determination — Redfields PRD (Tax Map 76R Parcels 1 and E4)
May 15, 2009
Page 2
■ Tax Map 76R Parcel 1
This parcel is zoned PRD and consists of 45.3429 acres. This parcel (also known
as parcel E) .s shown as "future phase 5" on the appiicati, on pian.
My analysis will be provided in the proceeding:
The Redfields Planned Residential District was originally approved (ZMA 89-18
Redfields Development) on January 17, 1990. It was first amended by ZMA 91-07. It
was next amended by ZMA 98-08. It was amended again by ZMA 01-01, which
included the addition of land adjacent to Sherwood Farms to create Phase 4. ZMA
2006-20 was submitted to allow further development of the subject property but was
withdrawn before Board action.
Because Parcel 1 lies largely in the Rural Areas of the Comprehensive Plan, there has
been significant discussion in the several rezoning public hearings about the
appropriate zoning use designation. With the earlier rezoning actions, staff
recommended it be permanent open space and the applicant stated a desire to retain
the option to develop in the future. Parcel 1 has been designated as Phase 5 on most
of these rezonings. At the June 17, 1998 Board meeting for ZMA 98-08, Mr. Bowerman
asked the rationale for eliminating Phase 5. Mr. Cilimberg replied that Phase 5 was
presently open space. Mr. Bowerman asked if the open space in the original
application was required by the density or was it something that was not looked at and
left to the future. Mr. Cilimberg said it is something that was left to the future, not for
density reasons. (from Board minutes)
Parcels 1 and E4 were originally part of the same parcel (Parcel 1). Parcel 1 consisted
of 58.4704 acres and was the residue of the development of Phase 2B. The plat
entitled "Revised Lot 19, Phase 2B, Parcel E-3 & Parcel E" was signed by the County
on 4/8/97. This plat included a note for Parcel 1: "Future Development. Phase 2 Open
Space." Neither that plat nor any subsequent plat designated the original Parcel 1 as
required open space.
A 2001 plat divided the original Parcel 1 further, creating the current Parcel 1 and
Parcel E4. This plat was signed by the County on 7/2/01 (Attachment D). Note #7 on
this plat states: "Parcel E4 to be conveyed to the Redfields Development Corporation
and its successors and assigns reserve the right to construct a water tank site within
said parcel."
Parcels 1 and E4 would be required open space if the land area is necessary to meet
the required amount (percentage) of open space dedication. The amount of open
space required for this development was established by proffer at 30%. That
percentage is in excess of the minimum 25% established by the Zoning Ordinance in
general.
Pete Caramanis, Esq.
Zoning Determination — Redfields PRD (Tax Map 76R Parcels 1 and E4)
May 15, 2009
Page 3
The most recent zoning action on this property is ZMA 2001-01. While the purpose of
this rezoning was primarily the inclusion of the Bowen Tract for additional development,
this rezoning included the subject property (Parcel 1) and amended the prior rezoning
action for that property. The proffers and application plan -for this rezoning are found in
Attachment A. Proffer #6 continues the requirement that 30% of the entire Redfields
PRD be open space. There is no specific proffer language that requires Parcels 1 or
E4 be maintained as open space. The more specific language within Proffer #6 relates
to open space in the new Phase 4 area.
The most current application plan (the one approved with ZMA 2001-01) shows Parcel
1 as "future phase 5." It is shown without the delineation of lots in that area but with an
"ex. Trail." The application plan shows Parcel E4 with no designation as to use. A
proposed water storage tank is shown in the Parcel E4 area. An analysis of the current
open space provided in the Redfields PRD (Attachment B) shows that the 30% open
space requirement has been met without the inclusion of either Parcel 1 or E4.
In conclusion, the several zoning approvals related to Parcels 1 and E4, including the
current application plan and the relevant proffers, do not prevent Parcels 1 and E4 from
being sold to third parties. However, there are no expressly permitted uses (other than
the trail shown on Parcel 1 without approval of a rezoning to establish uses on those
lands.
The fact that this property has been referred to as "open space" does not automatically
confer a requirement that the use and ownership of the property be consistent with the
requirements in the Albemarle County Zoning Ordinance for open space (Section 4.7).
This term appears to have been used because it could have been open space in the
future in the event the land area was necessary to satisfy the proffer requirement of
30% open space. In addition, this term was used because there is no specific
designated and approved use for the property per the approved rezoning. Therefore,
for lack of another more appropriate term, it has been called open space.
There have been two determination letters which did not serve to provide a zoning
designation for this property. The first is a letter by Jan Sprinkle, then -Deputy Zoning
Administrator, dated October 25, 2005. Her letter, as stated in the reference statement
in the heading, was an "Official Determination on Development of Redfields Phase 5"
(bold emphasis added). The second determination is a letter from David Benish, Chief
of Planning, dated June 4, 2008. As stated in the heading of his letter it is in reference
to: "Comprehensive Plan Land Use Designation for Tax Map 76R, Parcel 1" (bold
emphasis added).
The trail on this property is shown on several plans, including the latest approved
variation for the location of trails and it physically exists. The elimination of the trail
would need to be included as part of a rezoning application for parcel 1.
Pete Caramanis, Esq.
Zoning Determination — Redfields PRD (Tax Map 76R Parcels 1 and E4)
May 15, 2009
Page 4
If you wish to discuss options for the use of this property, we can set up a meeting with
staff. It will be important that the use of the property is consistent with both the
Comprehensive Plan and the approvals for Redfields PRD. One of the options we have
mentioned is downzoning the property to Rural Areas with no development rights. That
option can be discussed further with staff.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30)
days of the date notice of this determination 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 final 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. An appeal application must be completed and filed along with
the fee of $120. The date notice of this determination was given is the same as the
date of this letter.
Sincerely,
ti
a �
Amelia G. McCulley, 1A.I.P.
Zoning Administrator
Attachments: A — ZMA 2001-01 plan and proffers
B — Open Space Exhibit
C — Plat of Phase 2B signed 4/8/97
D — Plat of Parcel E-4 signed 7/2/01
E — Existing Tax Map 76R
F — Redfields research
Cc: Redfields HOA
ZMA 2001-01 Redfields
Determination File
C
U*ncl's
COUNTY OF ALBEVIARLE
Department of Planning & Community Developme;
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 40'12
October i, 2001
MA'01--W
ATTACHMENT A
Hal Janes
The Cox Company.
220 East High St
Charlottesville, VA 22902 '
RE: ZMA-2001-01 Redfields, Phase 4 (Gayion.'Beights); Tax Map 76, Parcel 22B
Dear Mr. Jones:
The Albemarle County Board. of Supervisors, at its meeting on September 19, 2001,
unanimously approved the above -noted petition. Please note that thin approval is. subject to
proffers dated June 20, 2001 and amended September 10, 2001 (copy attached).
If you should have any questions or comments regarding the above -noted action, please do not
hesitate to contact me.
. Sincerely,
.UJI
V, Wayne Cilimberg
Director of Planning
VWC/jcf
Attachment
Cc: Amelia McCulley
Jack Kelsey
Tex Weaver
Steve Allshouse
Bob Ball, VDOT
development
:
Original Proffer June 20, 2001
Amended Proffer September 10, 2001
(Amendment # _�
PROFFER FORM
Date: September 10 2001
ZMA 200 1 -01
Tax Map and Parcel Number(s) 76-22B 76-22D and 76R1 Parcel 1
9:4 Acres to be rezoned from R-1 to PRD
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: (1) the rezoning itself gives rise to the need for the conditions, and (2) such conditions
have a reasonable relation to the rezoning request.
TAX MAP PARCELS 76-22B, 76-22D and 76R1 Parcel 1
72.7 Acres
Overall development shall be in general accord with the Application Plan first approved
tinder ZMA 89-18, as amended by subsequent rezoning actions. The Application Plan
entitled Redfields, prepared by The Cox Company, submitted January 16, 2001, last revised
August 21, 2001 ("Application Plan") submitted with these proffers reflects layout of the
Redfields PRD as of the date of these proffers, except the area. delineated within the Phases
4A and 4B on the Application Plan, also referred to as the "Site".
2. Development within the 72.7 acre site, identified as Phases 4A and 4B, shall be in general
accord with the Application Plan.
3. The maximum allowable residential units in the Redfields PRD shall be limited to 656.
4. Applicant will limit total development on the Site to 125 residential units.
5. The applicant shall provide a five.(5) fo6t wide asphalt footpath in the right-of-way along
Redfields Road between Hayrake Lane and Courtyard Drive. The alignment of this footpath
shall be subject to VDOT and Albemarle County Service Authority approvals. This footpath
shall be provided before or during the construction of Redfields Phase 413.
6. The 30% open space established under ZMA 89-18, as amended by subsequent rezoning
actions shall remain in effect for the entire Redfields PRD. Open space on the Application
Plan for ZMA 0 1 -00 1 shall be not less than approximately 27 acres of the 72.7 acres.
e Disturbance of open space shall be limited to installation of trails, stormwater facilities,
utilities, and private roads as shown generally on the Application Plan. The Applicant shall
make every effort to minimize disturbance of critical slopes in the installation of these
features. The Applicant shall retain the right to request additional disturbance of open space
in accordance with Section 4.7 of the Albemarle County Zoning Ordinance.
7. Pedestrian trails shall be constructed in the locations as shown generally on the Application
Plan, The Applicant shall rough grade these trails during the public improvements for Phase
4B to the standards of a Class A trail, as indicated in the County's Comprehensive Plan.
Upon demand of the County, the trail running .parallel to the Norfolk and Southern Railroad
and labeled "Proposed HOA and County Greenbelt Connector Trail" shall be reserved for
dedication for public use on the final plat for phase 4B. This "Proposed HOA and County
Greenbelt Connector Trail" shall be fifty (50) feet -wide where possible and shall include the'
road on the Redfields Property running between Old Route 29 and the box culvert, which
currently passes under the Norfolk and Southern Railroad.
8. Development standards for yards, private road improvements, and shared driveways shall be
as shown on the Application Plan or as modified in proffer #10.
9. Each lot shall comply with current building site provisions. No driveway shall encroach
more than 50 lineal feet on slopes of 25% or greater.
poll
• 10.. Zero lot line setbacks may be applied to Phases 4A and 4B as follows:
a. All such structures for which separation and/or side yards are reduced shall be
constricted in accordance with the current edition.of the Virginia Uniform Statewide
Building Code;
b. In the case of yard reduction, the Albemarle County Fire Official may require such
guarantee as deemed necessary to ensure compliance with the provisions of this
proffer, inclusive of, but not limited to, deed restriction disclosures, and other such
instruments and the recordation of the same in the office of the Clerk of the Circuit
Court of the County;
c. No Strictures shall encroach on any emergency access way as may be required by the
Albemarle County Fire Official;
d. No structures shall encroach on any utility, drainage or other easement, nor any
feature required by the Zoning Ordinance;
e. The wall of a dwelling unit located within 3 feet of the lot line shall have no
windows, doors, or any other type of openings unless permitted by. the Virginia
Uniform Statewide Building Code;
f. At the sole discretion of the applicant, front setbacks may be reduced to 10'.
r10
g. As necessary in a particular case, a perpetual wall maintenance easement shall be
provided on the lot adjacent to the zero lot line property such that, with the exception
of fences, a total width between dwelling units of six feet shall be kept clear of all
structures. This easement shall be shown of the final plat and incorporated in each
deed transferring title to the property. Roof overhangs may penetrate the easement on
the adjacent lot a maximum of twenty --four (24) inches, but the roof shall be so
designed that water runoff from the dwelling placed on the lot line is limited to the lot
of the dwelling of the easement area. Building footings may penetrate the easement
on the adjacent lot a maximum of eight (g) inches.
11. Upon request of Albemarle County, Virginia, for the purpose of the connection of
Cedarwood Court to Teel Lane, the Owner shall dedicate to the County a right-of-way
consisting of a strip of land at a width deemed necessary by the County, but not to exceed
fifty (50) feet in width within the area designated at the end of Cedarwood Court on the
Application Plan dated August 21, 2001 prepared by The Cox Company. The Owner shall
place in the deeds'from Redfields Development Corporation conveying lots in Redfields
Phase 4A and 4B as shown on the Application Plan the following language:
"Notice: Cedarwood Court may in the future'connect to Teel Lane." .
If the County does not request that the land be dedicated within twenty-five years after the
date these proffers are accepted or if the land is dedicated but at any time thereafter the
County determines not to use it for public right-of-way purposes, the land shall be Open
Space.
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Redfields Research
Page 1 of 3
REDFIELDS —TM 76R PARCELS 1 AND E4
Notes from my research
Amelia McCulley
5-09
ATTACHMENT F
Question: Are these parcels development residue or are they required open
soace as the term is used in the Z.O. (oreserved for HOA use)?
Answer: These are residue parcels and are not required open space at this time.
1. ZMA 89-18 (Original PRD rezoning) approved January 17, 1990
Staff report: Applicant originally proposed 29% open space. With the
addendum (fewer units, etc.), a total of 35% open space was noted on the
plan. The area in question (then called phase 6) was required to be open
space.
Application Plan notes these lots as: "Use Open Space; Cottage SFD &
Attached Residential Development subject to future PRD amendment."
Proffers: No specific mention of this property.
PC mtg: No developmt to occur in phase 6. Cilimberg added: What we've
done is made the strongest statement that we can from a staff level as to the
desire not to have any of Phase 6 come back in to propose development of
Phase 6. We can't predict what future Planning Commissions and Boards
may decide, but we're going on record here as saying it is totally inconsistent
with our Comprehensive Plan and that we could not in any way endorse the
development of Phase 6 and we see it as open space and only as open
space. Keeler interjected: Likewise, and quite honestly, the applicant is
saying the `we'd still like to keep the option.' As with any other rezoning, this
is subject to change in the future and they at some future date come back in
to propose development in Phase 6.
BOS mtq: Adj owners (Jack Stoner & Steve Von Storch) "ask the Board
insure over a long period of time, the protection of the property shown in
phase 6." Keeler said once the developer builds over 561 units, he will have
to dedicate the land in phase 6. If they build less and want to build on the
property, would have to amend the rezoning.
2. ZMA 91-07 Redfields
Staff report: Reduction in units to 520.
General Development Plan No note about these parcels
Phasing Plan: Notes parcel one as "Phase 5 Open Space" and the other as
"Phase 2 Open Space & 1 SFD."
Proffers: No specific mention of this property.
Redfields Research
Page 2 of 3
BOS mtq: Discussion about carrying capacity of roads and decrease in
density. Cilimberg said: initially it was anticipated that there would be
development of the southwest part of the site for residential use. That part of
the property became open space in the process of reviewing the plan
because it was primarily in the RA designation.
3. ZIYIA v70 -VO Redflelds (for zero lot fine)
Staff Report: States: "Phase 5 is currently shown as open space and
development in that area would require additional zoning approvals (since no
development has been approved, it may be appropriate to deal with lotting
patterns at the time when development is requested.)
Plan: Not clear. The "revised PRD Development Phasing Plan" shows the
same as ZMA 91-07 (open space).
Proffers: No specific mention of this property.
BOS Mtq: (June 17, 1998) Cilimberg stated: 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. Later, Cilimberg stated: Phase 5 is presently open
space. Mr. Bowerman asked if the open space in the original application was
required by the density or was it something that was not looked at and left to
the future? Mr. Cilimberg said it was something that was left to the future,
not for density reasons. The applicant stated: When it was zoned, Phase 5
was outside of the growth area. The applicant agrees that Phase 5 can be
struck from the proffers as written. The applicant is not requesting any
additional density for the development.
4. ZMA 2001-01 Redfields (inclusion of Bowen Tract) approved Sept. 9,
2001
Staff report:
No specific mention of this property.
Application Plan: There is no such plan showing the entire PRD in the file. A
portion of the plan cited in proffer #1 showing only the new section (phase 4)
is an attachment (attachment A) to the report. Another attachment is the
Phasing Plan consistent with prior zoning actions.
Proffers: Nothing specific about this property.
#1: Overall development shall be in general accord with the Application
Plan first approved under ZMA 89-18, as amended by subsequent rezoning
actions. The Application Plan entitled Redfields, prepared by The Cox
Company, submitted January 16, 2001, last revised August 21, 2001
("Application Plan') submitted with these proffers reflects layout of the
Redfields PRD as of the date of these proffers, except the area delineated
within the Phases 4A and 4B on the Application Plan, also referred to as the
"Site. "
Redfields Research
Page 3 of 3
#6: The 30% open space established under ZMA 89-18, as amended by
subsequent rezoning actions shall remain in effect for the entire Redfields
PRD. Open space on the Application Plan for ZMA 01-001 shall be not less
than approximately 27 acres of the 72.7 acres. Disturbance of open space
shall be limited to installation of trails, stormwater facilities, utilities, and
private roads as shown generally on the Application Plan. The applicant shall
make every effort to minimize disturbance of critical slopes in the installation
of these features. The Applicant shall retain the right to request additional
disturbance of open space in accordance with Section 4.7 of the Albemarle
County Zoning Ordinance.
#7: Pedestrian trails shall be constructed in the locations as shown
generally on the Application Plan. The Applicant shall rough grade these
trails during the public improvements for Phase 48 to the standards...
Letter of Determination from Jan Sprinkle dated October 25, 2005: The purpose
of this letter was to address further development of phase 5 (parcel 1). (See the
reference statement in the heading of the letter: "Official Determination on
Development of Redfields Phase 5.") Jan clearly states that development of this
property requires rezoning approval. This letter refers to the property as (future)
"open space."
Letter of Determination from David Benish dated June 4, 2008: The purpose of
this letter was to address the Comprehensive Plan land use designation for
this property. (See the reference statement in the heading of the letter:
"Comprehensive Plan Land Use Designation for Tax Map 76R, Parcel 1.") This
letter was not an official zoning determination about the zoning status of this
property.