HomeMy WebLinkAboutZMA198800007 Action LetterCOUNTY OF ALBEMARLE
D, ,_-,t, of P:a?s,'ng & Commumt�, Development
40 Mc!qtiye Road
Charlottesk`!;e. Virginia 2290: -45%
,SO4i 296-5823
July 13, 1988
Branchlands First & Second Land Trust
c/o Ron Langman, Tr
P. 0. Box 7060
Charlottesville, VA 22906
Republic Homes, Inc
c/o mark Bullock
2788 Hydraulic Road
Charlottesville, VA 22901
Virginia Gardner
P. 0. Box 8147
Charlottesville, VA 22906
RE: SP-88-4 Republic Homes
SP -87 -9 Branchlands First & Second Land Trust
ZMA-88-7 Branchlands PUD
Dear Sir or Madam:
The Albemarle County Board of Supervisors, at its meeting on
July 6, 1988, unanimously approved the above-noted Petitions
as follows:
• SP-88-4 Republic Homes - To allow for filling in the
floodway fringe of an unnamed branch of Meadowcreek.
Property, located on the southeast side of Greenbrier
Drive adjacent to Brookmill Subdivision. Tax Map 61Z,
Parcel 1. Charlottesville District. Approved with the
following conditions:
a. county Engineer approval in accordance with
requirments of 30.3 FLOOD HAZARD OVERLAY DISTRICT
Page 2
July 13, 1988
simultaneous with approval of unified drainage
plan;
b. Approval of appropriate local, state and federal
agencies;
C. All channel improvements with in Brookmill (Area
D), to be accomplised at time of any filling in
the floodplain under SP-88-04 Republic Homes.
SP-88-9 Branclands First & Second Land Trust - To fill
in approximately 40,000 cubic yards of earth into the
floodway fringe of Meadowcreek. Zoned PUD. Property,
located on the west side of Branchlands Drive
approximatley one-fourth mile north of the intersection
with Greenbrier Drive in Branchlands Village. Tax Map
61Z, Parcel 4 and 5. Charlottesville Magisterial
District. Approved with the following conditions:
a. County Engineer approval in accordance with
requirments of 30.3 FLOOD HAZARD OVERLAY DISTRICT
simultaneous with approval of unified drainage
plan;
b. Approval of appropriate local, state and federal
agencies;
C. All channel improvements within Brookmill (Area D)
to be accomplished at time of any filling in the
floodplain under SP-88-04 Republic Homes.
ZMA-88-7 Branchlands, PUD - To amend application plan
and conditions of SP -80 -63 and ZMA-80-26 Branchlands
PUD. Zoned PUD, Property, located on Greenbrier Drive,
off Rt. 29N, within the Branchlands PUD. Tax Map 61Z,
Sections 3, 4, and 5. Charlottesville Magisterial
District. Approved as follows:
A. General
A.I. The revised application plan is appended to this
document as Exhibit 1. Documentation supporting the
unified drainage plan contained herein has been
forwarded to Albemarle County Engineering under a
separate cover.
A.2. For Areas A, C and D of the Application Plan, open
space requirements of 20.8.2 and recreational area
requirements in 20.8.3 of the Zoning ordinance shall be
met for each area individually. Modification: For Area
C a minimum of 50 square feet/dwelling unit of
recreational area shall be developed for adult
recreation purposes. No recreational area for
pre-school or elementary school-aged children shall be
required.
Page 3
July 13, 1988
A.3. Approval by County Attorney's office of homeowners
association agreements for the maintenance of
driveways, open space, and other commonly-owned or
common-use amenities.
owners of properties designated for commercial use and
Walter F. Sullivan, Bishop of Richmond, as owner of
Area B (a 12.0 acre tract to be reserved for church
purposes and not sold as part of the planned community
property referred to hereinafter as the church
property) shall not be required to be members of the
homeowners' association; provided that these owners
shall be solely responsible for the maintenance of the
driveways, open space, etc. located within their
respective tracts, and that such maintenance shall be
comparable to that level established in the homeowner's
association agreements for other such uses.
Should commercial development or sale of commercially
designated property occur prior to the establishment of
homeowners' association agreements, the Planning
Commission may require in the deed restrictions for
such property, provisions for the maintenance of such
driveways, open spaces, etc., as the commission shall
deem appropriate for adequate buffering and protection
of residential areas and for the reasonable usage of
such areas by future residents of the planned
community.
In respect to usage, the homeowners' association
members shall enjoy the same rights and privileges of
use of driveways, open space, etc., within commercially
designated area but not including the church property,
as shall be established by homeowners, association
agreements for other such uses within the planned
community.
In addition to the foregoing, for Areas A, C, and D,
portions of the open space and recreational facilities
provided may be reserved for the exclusive use of the
residents of such area, either in common or
individually, subject to commission approval.
A.4. Approval by the county Attorney's office of deed
restrictions for sections to be sold. The county
Attorney shall review such documents for provisions
adequate to insure compliance with conditions of
approval contained herein. Currently the church has a
deed restriction in place which restricts commercial
Page 4
July 13, 1988
development on it's boundaries. in specific this deed
restriction says "that portion of the property which is
located within 200 feet of the boundaries of the 12
acres reserved by the grantor as described above, shall
be developed only for residential uses unless the
grantor or his successors agree in writing to some
other use." Deed Book 709, Page 688.
A.S. In addition to current deed restrictions, twenty (20)
foot landscaping buffers shall be provided at the time
of development by the developer between commercial
areas and residential areas within the PUD. In
particular the developers of commercial properties of
the PUD shall supply these 20 foot landscaping buffers
on their properties. Twenty foot landscaping buffers
shall be established between Hillsdale Drive and the
residential areas within the PUD. The members of the
PUD shall establish twenty foot landscaping buffers
between the PUD property and other adjacent property.
Fencing and/or appropriate screening may be required
between residential and commercial areas and between
the PUD and adjoining parcels. Area B of the PUD is
specifically exempt from these landscaping
requirements; provided that the Planning commission may
require landscaping in accordance with § 32.7.9
LANDSCAPING AND SCREENING REQUIREMENTS of the Zoning
Ordinance at time of approval of any development within
Area B.
A.6. Each owner of a specific section (A,B,C,D,E, OR F)
shall be responsible for any and all improvements
indicated on this plan which falls on their property.
The church Area B is specifically excluded from any
responsibility for any improvements on their property
(For Area B only)• The only exceptions to this are as
follows:
a. The owners of Area C and E shall split the cost of
adding the fifth 72" pipe under Greenbrier Drive.
b. The owner of Area C shall construct the walk on
one side of the church road.
B. STORM WATER DETENTION AND DRAINAGE PLAN
The requirements established herein are based on studies by
engineering consultants hired by the owners to be reviewed
and approved by the Albemarle County Engineering Department
This report dated 3/28/88 from Gloeckner & Osbourne, is
attached hereto as supporting documentation. Portions of a
Page 5
July 13, 1988
general and unified drainage plan have already been approved
and have allowed for the initial development of the PUD. In
order to accommodate the ultimate impact to the PUD on
surrounding properties, the following unified drainage plan
is submitted.
B.1. The individual members of the PUD agree to grant
drainage easements for the benefit of the PUD. The
owners of the PUD agree to take the necessary measures
to implement these improvements.
B.2. A Wetlands Water Quality area will serve as a partial
detention area. In cooperation with the County
Engineering Department and the University of Virginia,
the owners of the PUD empowered the owner of Area E to
build a Wetlands Area. Due to the probable transfer of
properties to owners other than the original PUD
members, the owner of Area E will deed an easement to
the County of Albemarle for the most effective
continual monitoring of the Wetlands area. If at some
future time the County Engineering Department
determines that the wetlands is not longer serving its
intended purpose of water quality management the
project will be terminated and the easement vacated.
Alternative development of this land will be possible
at that time, following standard site plan procedures,
and provision of stormwater management measures in
accordance with § 32.7.4 of the Zoning ordinance for
all of Area E and F.
8.3. The 2711 diameter pipe positioned under the existing
church road will not be increased or decreased in
diameter. The size of this pipe limits the velocity of
storm water flow, effectively creating a natural
detention area on Lot 4 of Area F. The storm water
detention capacity of the area upstream of this pipe
within the PUD will not be decreased in any way
whatsoever. This natural detention area and the 27"
diameter pipe under the church road shall be maintained
by the owner of Lot 4 Area F.
8.4. The six foot by six foot box culverts though Area E
control storm water runoff from areas west of Rt. 29
through the PUD the point shown on Exhibit 1.
B.S. The current HUD flood hazard overlay map indicates a
100 year floodplain at elevation 399 within the
Branchlands PUD. it is understood that an actual 100
year flood may exceed this limit, hence the members of
Page 6
July 13, 1988
the PUD have agreed to this unified drainage plan. A
channel designed to accommodate the 100 year storm
shall be approved by the Albemarle County Engineering
Department. The channel will be constructed though the
PUD as shown on Exhibit 1 and as shown on the specific
drainage plan prepared by Gloeckner & Osborne. Riprap
of the channel will be installed to a standard
sufficient to provide channel stability and control
effects of channel erosion. This channel will allow
the development of Area C to fill to the drainage
easement necessary for the channel. Construction of
the channel will proceed with the development of Area
E, Area F, or the filling of Area C whichever shall
occur first. In addition a fifth 72" pipe shall be
added under Greenbrier Drive at the time of the
construction of the drainage channel.
C. TRANSPORTATION PLAN
C.I. Primary ingress and egress for Areas A,B,E & F will
derive from 29 North, north and south at Branchlands
Boulevard. secondary access will derive at Rio Road
and Fashion Square Mall through Squire Hills, by way
Hillsdale Drive. Branchlands Boulevard and Section 1
of Hillsdale Drive to Branchlands Boulevard are
currently under construction to a standard approved by
VDOT for acceptance into the state highway system. The
remainder of Hillsdale Drive shall be designed for
acceptance into the state system by VDOT, and
constructed at time of development of any portion of
Area E or F.
Direct access to 29 North shall occur only at
Branchlands Boulevard, and the developer shall provide
signalization of the intersection of Rt. 29N and
Branchlands Boulevard at time of any development of
Area E or F.
C.2. The extension of Greenbrier Drive from the end of state
maintenance to Hillsdale Drive shall be designed in
accordance with VDOT standards to accommodate traffic
anticipated from the Hillsdale Drive and Areas C and D,
and dedicated for acceptance into the state highway
system at time of development of any portion of Area E
or F. From Hillsdale Drive to Areas C and D
Greenbrier Drive shall be designed in accordance with
VDOT standards to accommodate traffic anticipated from
Areas C and D, and dedicated for acceptance into the
Page 7
July 13, 1988
state highway system.
C.3. Access Road II from 29N to Hillsdale Drive and then
through Area C is no longer deemed necessary and shall
not be installed.
C.4. With the exception of Brookmill Drive pedestrian
walkways will be provided on one side of all public
roads to VDOT standards. An additional pedestrian
walkway will be provided across Area C to Hillsdale
Drive along one side of the existing church road.
Pedestrian trails should be constructed along open
space corridors (stream beds) or sewer easements. Such
construction shall occur with each phase of development
on the open space corridors and sewer easements located
within or immediately adjacent to that phase of
development.
D. LAND USE PLAN
Locations and acreages of various land uses and residential
densities shall comply with the Revised Application Plan,
Exhibit 1.
Staff recommends the following land use schedule:
AREA ACREAGE USE
A 7.04
B
12.00
C
26.63
D
14.915
E Lot 5
1.5
Lot 6
8.11
Lot 6A
1.0
F Lot 1
4.09
Lot 2
1.00
Lot 7
5.84
Lot 4
3.285
82 dwellings OR 106 low/moderate
cost units
Church
312 dwellings elderly housing
90 dwellings
Net usable acres - office
Net usable acres -
commercial/service
Net usable acres
commercial/service OR wetlands
Marriott (commercial/service)
Net usable acres - office
Net usable acres -
commercial/service
No development
E. MODIFICATION AND WAIVER OF ZONING ORDINANCE REGULATIONS
1. Section 8.5.6.4 Building Permits shall not apply
to existing structures in Areas B and C unless the
provisions of 32.0 require a site plan prior to
issuance of such permit.
2. Section 20.8.6 Setback and Yard Regulations shall
be established at time of final approvals as
opposed to establishment at time of rezoning.
3. Section 20.4 Permitted Uses: Commercial/Service;
Section 20.9 Regulations Governing
Commercial/Service Areas: Section 20.4 shall
apply to Areas C, E and F. For Area C,
Commercial/service areas established in accordance
with 20.8.3 shall be in addition to uses to be
located in the existing manor house. Limitations
of 20.9.3 shall not apply to Areas E and F.
4. section 20.9.4 Building Permits shall not apply to
Areas C, E and F.
If you should have any questions or comments regarding the
above noted action, please do not hesitate to contact me.
Sincerely,
ib" T. P. Horne
D i itector of Planning & Community Development
JTPH/jcw
cc: Kathy Brittain
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