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Home My WebLink AboutZMA200000009 CorrespondenceAFFIDAVIT DA'L'E: 1- - I D I, Amelia G. McCulley, Zoning Administrators hereby certify that the attached notice(s) were sent on the above date to all persons listed on said notice(s). 0MLX11qX1 (signature) State of Virginia City of Charlottesville The foregoing instrument was ACKNOWLEDGED before me by Amelia G. McCulley, Zoning Administrator, this 26 day of , ��, , 20 i c-) / VINCENT TODD SHIFFLETT ' NOTARY PUBLIC (Signature of Notary) Commonwealth of Virginia Reg. #7165181 My Commission Expires Nov. 30, 2012 (Notary Registration Number»» My commission expires the day of NW, , 20_R_. I was commissioned notary as (»»Include ONLY if name change after your first notary commission or renewal) Project Name/TMP: OF AL o � U �'IRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 July 26, 2010 CWH Properties Limited Partnership P.O. Box 5526 Charlottesville, VA 22905 Sent Regular and CertifiedMail Re: Official County Request for Dedication of "Elementary School Site" ZMA 2000-009 North Pointe (Proffer 9.1) Dear Mr. Rotgin: By this letter we are herby officially requesting dedication of the land shown on the Application Plan as "elementary School 12.85 Acres Schematic Layout, consisting of approximately 12.85 acres. This request is made in accordance with Proffer 9.1 of ZMA 2000-09 North Pointe. The proffer states that prior to dedication, various improvements and infrastructure shall be installed such as grading and utilities. (See attached proffer for the full language.) We have discussed this with you and your representatives on several occasions. If you wish to extend the deadline for this proffer from December 31, 2010, you will need to submit a rezoning amendment application. Please submit by August 16th at 3 pm in order to have this request considered before the current proffer deadline. We have scheduled a meeting to discuss this extension and look forward to working with you on it. Please keep in mind that a ZMA application that includes any other changes will not likely be decided prior to the current deadline. Therefore, while you may have other amendments in mind, we suggest that you address them with a separate application in the future. If If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $120. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at -- www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Section 34.3 of the Zoning Ordinance, which contains the regulations pertaining to the filing of an appeal to the Board of Zoning Appeals, is located in Chapter 18 of the Albemarle County Code and it may also be reviewed online at: http://www.albemarle.ora/upload/imaaes/Forms Center/Deoartments/County Attornev/ Forms/Albemarle County Code Ch18 Zonina34 Appeals.pdf. Sincerely, f Amelia G. McCulley, A.I.C.P. Zoning Administrator Cc: Valerie Long Mark Graham U IX. EDUCATIONAL AND OTHER PUBLIC FACILITIES 9.1 Elementan- School Site. Within two hundred seventy (270) days following rcqucsl b) the Counh-, Owner shall dedicate to the CountN the land shown on the Application Plan as School 12.85 Acres Schematic Layout", consisting of approximately 12.85 acres (ora smaller portion 01'such land in the County's sole discretion) (the "School Lot"). Prior to dedication. the School Lot shall be graded and compacted by Owner to a nliniolunl 01' 959,u compaction as measured by a standard Proctor test with suitable material for building construction as certified by a prolessional engineer or as otherwise approved by the County Engineer to establish a fully graded pad site to accommodate an elementary school. The recreational field improvements shown on the Application Plan shall be Fine graded and have top soil and soil amendments added, and the mains for an underground irrigation system serving the recreational fields shall he installed. Such improvements shall be reasonablN• equivalent to those existinc at the recreational fields at Balser -Butler Elementary School. exclusive of an', ahovc ground improvements. The pedestrian pathways as shown on the perimeter ol'the School Lot on the Application Plan shall be reflected on the subdivision plat prepared by Owner creating the School Lot and the pathways shall be installed when the site is graded for the recreation fields. The Owner shall provide all utilities to the School Lot. The dedication shall include easements across Owner's land for access to and use of Storm Water Basins 5 and 10 shown on the Application Plan. together with all temporary construction easements to alloy, Stormwaler Basin 10 to be redesigned and enlarged. i1' nec•essarv. to accommodate the School Lot stormwater. The School Lot shall be used as an elementary school site, but if the County determines that the School Lot will not be used as an elementary school site, it shall be used by the CountN for part: and recreational purposes serving both the North Pointe community and the region. If' the C'ounV does not request by December 31, 2010 that the School Lot be dedicated, the Owner shall be under no further obligation to dedicate the School Lot for the purpose described herein. but shall, by .January 30. 2011• contribute five hundred thousand dollars (5500.000) cash to the County to be used by the Count', for projects identified in the County's CIP reasonably related to the needs of the North Pointe community. and in such event the School Lot may be used for other residential purposes as approved by the County after request by Owner for an amendment to the Application Plan. After dedication and before the CountN• uses the School Lot for a school or fur pari: and recreational purposes. and if requested by the County, Owner shall maintain the School Lot until requested by the County to no longer do so. subject to the Owner's right to exclusive use of'the School Lot for park and recreational purposes, Such part: and recreational purposes shall be only those uses shown on an approved final site plan or subdivision plat for the arca that includes the School Lot. Upon being requested by the County, Owner shall cease all use and maintenance of the School Lot and remove all improvements established by Owner that the C:'ounly requests be removed. The County shall not be obligated to pay O',vner lin• any improvements established by Owner that the County retains, The deed of dedication for the School Lot shall provide that if the County accepts title to the School Lot and then does not construct either a park or a school within twenty (20) years following the date the Board of Supervisors approves %MA 2000-009, then upon Owncr's request title to the School Lot shall be transferred to Owner at no expense to Owner. 15