HomeMy WebLinkAboutZMA200000009 Public NotificationCOUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434)296-5832
March 8, 2010
Fax (4341972-4126
All Property Owners with Route 29 Frontage— North Pointe ZMA 2000-009
CWH Properties Limited Partnership
P.O. Box 5526
Charlottesville, VA 22905
Neighborhood Investment LLC
P.O. Drawer R
Charlottesville, VA 22903
Re: REVISED - Determination Regarding ZMA 2000-009 North Pointe Buffer
Reduction (Proffer 2.1)
Dear North Pointe Property Owners with Route 29 Frontage:
This is a revision of the January 29th determination letter as it relates to the buffer
master plan. The purpose of this letter is to provide a written determination that the 50
foot buffer along the Entrance Corridor may be decreased to a width of 40 feet, as
provided in proffer 2.1. This determination is based on a January 14, 2010 letter from
VDOT Staff Engineer, Joel Denunzio.
This proffer states:
2.1 Creation of 50 -foot Buffer alon_g the Entrance Corridor. Within six (6)
months after the acceptance by the Virginia Department of Transportation
("VDOT) of the Road Improvements as defined in Section 5.3 that are along the
northbound lanes of U.S. Route 29, Owner shall plant and thereafter maintain at
all times a landscaped buffer, including hedgerows, along the Entrance Corridor
frontage parcels owned by Owner. The buffer will consist of a minimum 50 -foot
wide continuous visual landscape area that shall be subject to Albemarle County
Architectural Review Board ("ARB') review and approval (the `Buffer"). In the
event VDOT at any time in the future reduces any portion of the Buffer located
on VDOT property, the Owner shall compensate for such reduction by extending
the Buffer on Owner's property in order to maintain a minimum 40 -foot Buffer,
even if such compensation shall require the removal of parking adjacent to such
buffer.
Page 2
March 8, 2010
Revised North Pointe Buffer Determination
Based on information provided by Mr. Denunzio, there are two specific actions since
approval of this rezoning by which VDOT has effectively reduced a portion of the Buffer
located on VDOT property, thereby allowing the Buffer to be reduced from 50 to 40 feet.
These actions are as follows:
1. VDOT has determined that "because of the potential fill and the need to preserve
sufficient right-of-way for a future lane widening, a utility installation within the
right-of-way may be in conflict with the highway embankment and should not be
permitted in accordance with 24 VAC30-150-1310, section C3. Therefore, the
portion of the ACSA force sewer main that runs parallel to U.S. Route 29 should
be installed outside of the right-of-way." And
2. "...In the time since the Department reviewed the proposed North Pointe
Application Plan road improvements prior to the County approval of the North
Pointe rezoning in August, 2006, the Department has determined that a thirty
foot clear zone in accordance with the requirements of the VDOT Road Design
Manual, Appendix A, along U.S. Route 29 in the area of North Pointe will be
required."
Please be advised that the proffer clearly requires ARB approval of this landscaped
buffer. Staff suggests that the property owners with Route 29 frontage work together to
establish and propose a comprehensive or master plan for the landscaped buffer. We
would prefer to not approve corridor plantings within a Planned Development on a
piecemeal or plan -by -plan basis. The master plan can be in general terms with the
details shown later with the individual site plans. Please contact Margaret Maliszewski
for further discussion on this topic. The timing for installation of the plantings is
established in the current proffer language as within six (6) months of acceptance of
road improvements along Route 29 in this area.
If you have any further questions, please do not hesitate to contact me. 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.
S,i►� Gere y� N4'�IC
C� r�
Amelia cCulley, A..P.
Zoning Administrator
Cc: ACSA, Gerald Gatobu, Margaret Maliszewski, Joel DeNunzio, Valerie Long, Fred
Payne