HomeMy WebLinkAboutZMA200800005 Action Letter 2018-11-21COUNTY OF ALUMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4012
November 21, 2008
Collins Engineering - Scott Collins PE
800 East Jefferson Street
Charlottesville, VA 22902
RE: ZMA2008-00005 Old Trail Village Block 2
Tax Map 55W, Parcel Al (portion)
Dear Mr. Collins:
On November 12, 2008, the Board of Supervisors approved your request to amend Table 4 of the Old
Trail Village Code of Development to include the rest home, nursing home, convalescent home,
orphanage or similar institution use in Block 2 of Old Trail. The subject rezoning amendment was
approved in accordance with the Code of Development for ZMA 2004-00024 originally dated September
12, 2005, with amendment to Table 4 of the Code of Development dated October 22, 2008, and the
attached revised proffers dated October 23, .2008. Please refer to these documents for any future
applications and requests on this property.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property as approved above may lawfully begin until all
applicable approvals have been received and conditions have been met. This includes:
• compliance with applicable PROFFERS;
• compliance with requirements of the CODE OF DEVELOPMENT;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above -noted action, please do not hesitate to contact
Sherri Proctor at 296-5832.
Sincerely,
!ayn
V. berg
Director of Planning
Cc: Beights Development Corporation
800 East Jefferson Street
Charlottesville, VA 22902
March Mountain Properties LLC
800 East Jefferson Street
Charlottesville, VA 22902
File
Email Copy: Tex Weaver; Sherri Proctor; Sarah Baldwin; Elise Hackett
PROFFER STATEMENT
OLD TRAIL VILLAGE
Amendment No. l
Date: October 23, 2008
ZMA#: 2008-005
Tax Map and Parcel Number: 055EOOI000OOA1.
An approximately 237 acre portion of tax map and parcel number 055EO-01-00-000A1 (portion) was
the subject of rezoning application ZMA 2004-024, which was approved by the Albemarle County Board of
Supervisors on September 14, 2005. In its approval of ZMA 2004-024, the Board accepted the "Proffer
Statement Old Trail Village," which included some handwritten changes to Proffer 6 accepted by the Board.
The final accepted proffers were re-signed and the Owner's signature is dated September 15, 2005 (hereinafter
referred to as the "Original Proffer Statement").
The Owner desires to amend Table 4 of its Code of Development to add assisted living facilities as a by
right use. Because the third paragraph of the Original Proffer Statement refers to the Code of Development
dated September 12, 2005, the Original Proffer Statement is amended as set forth below (hereinafter, the "First
Amendment to the Proffer Statement") This First Amendment to the Proffer Statement is voluntarily proffered
pursuant to Virginia Code § 15.2-2303 as part of ZMA 2008-005. If rezoning application ZMA 2008-005 is
denied, this First Amendment to the Proffer Statement shall immediately be null and void and of no further force
and effect.
1. The third paragraph on page 1 of the Original Proffer Statement is amended as follows: "This
Proffer Statement shall relate to the General Development Plan and to the Code of Development dated
September 12, 2005, and the amendment to Table 4 of the Code of Development dated 10/22/2008, and attached
hereto as Exhibit B (the "Code of Development")."
2. Except as expressly provided in Section 1 above, all of the proffers contained in the Original
Proffer Statement shall remain in full force and effect.
WITNESS the following signature:
MARCH MOUN'T'AIN PROPERTIES, L.L.C.
By.
G%iylon T. Beights, Manager
COMMONWEALTH VIRGINIA
G'
�E�/COUNTY OF to wit:
The foregoing instrument was acknowledged before me thisa� day of 2008 by
Gaylon T. Beights, Manager of March Mountain Properties, L.C., Virginia limited liability company.
My Commission expires:
l L` � n � to Public
Registration Number: 1�
Jennifer J Beckman
Commonwealth of Virginia
Notary Public
Commission No. 7014467
* ""' My Corn nii ion Expires 02/26/2010