HomeMy WebLinkAboutZMA200600016 Action LetterCOUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4012
December 19, 2007
Glenmore Associates Limited Partnership
c/o Michael Barnes
Po Box 5207
Charlottesville, Va 22905
RE: ZMA2006-00016 Glenmore, Section K2, Leake Property
Dear Mr. Barnes:
The Board of Supervisors approved your rezoning application for ZMA2006-0016 on November
14, 2007. Your rezoning from RA - Rural Area zoning district to PRD - Planned Residential
District - residential was approved in accordance with the attached proffers signed
November 13, 2007 and dated November 14, 2007 and the Application Plan dated November
14, 2007. Please refer to these documents for any future applications and requests on this
property.
The Board's action also resulted in approval of the requested critical slopes waiver.
A private street request and waivers to curb, gutter, and planting strip requirements were
approved by the Planning Commission at their August 21, 2007 meeting. The Planning
Commission also approved a waiver to provide sidewalks on all streets except on Farringdon
Road and Carroll Creek Road. For Farringdon and Carroll Creed Roads, a paved path on one
side of the street only was approved. The Board of Supervisors approved the location of the
paths on the Application Plan dated November 14, 2007.
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 and APPLICATION PLAN;
• approval of and compliance with a SITE PLAN and/or SUBDIVISION PLAT; 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,
V
2anerC
V. limb
Director of Planr
Cc: Tex Weaver
Chuck Proctor (VDOT)
Steve Allshouse
Sherri Proctor
Sarah Baldwin
Bruce Woodzell (Real Estate)
Proffers binder (if applicable)
File
Original Proffer X
Amended Proffer
(Amendment # w�
PROFFER FORM
Date: November 14, 2007
ZMA # 2006-016
Tax Map and Parcel Number(s) Tax Map 93 Parcels Al -1 A5-1 and Tax Map Parcel 94-74
and portions of Tax Map 94 Parcels 15, 16, 16A.
111.73 Acres to be rezoned from PRD/RA to PRD
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to
rezone the Property from the RA to the PRD zoning district as requested, the Owner shall
develop the Property in accord with the following proffered development conditions (each, a
"Proffer," and collectively, the "Proffers"), which the Owner acknowledges are reasonable,
pursuant to Section 15.2-2303 of the Code of Virginia, 1950, as amended, and pursuant to
Section 33.3 of the Albemarle County Zoning Ordinance. If rezoning application ZMA 2006-
015 is denied, these proffers shall immediately be null and void and of no force and effect.
This Proffer Statement shall relate to the Application Plan entitled "Master Plan, Glenmore",
dated November 2, 1990, and prepared by Clower Associates, Inc., the Application Plan entitled
"Glenmore Planned Residential Development Application Plan for ZMA 99-016, dated April 12,
2000 and more specifically the plan entitled, "Glenmore Section K-2", dated June 15, 2007, last
revised November 14, 2007, and prepared by Roudabush, Gale, and Associates, Inc.
1. The development of the Property shall be limited to those uses allowed by right under
Section 19.3.1 (1), (5), (6), (7), (8), (9), (10) and (11) and those uses allowed by special
use permit under Section 19.3.2(2), (4), (8), (9), (10) and (11) of the Zoning Ordinance of
Albemarle County, Virginia (hereinafter referred to as the "Zoning Ordinance" and the
"County") as those Sections are in effect on November 14, 2007, copies of which are
attached hereto. The residential development on the Property shall not exceed one -
hundred ten (110) single family units. Of the one -hundred ten (I 10) single family
dwelling units, seventy-six (76) single family dwelling units are in addition to, and not
counted as part of, the eight hundred thirteen (813) units authorized in Glenmore PRD by
ZMA 99-016; thirty-four (34) single family dwelling units are counted as part of the the
eight hundred thirteen (813) units authorized in Glenmore PRD by ZMA 99-016.
2. In order to establish a future public greenway trail for the County along the Rivanna
River, within one (1) year after the date of approval of ZMA 2006-1016, the Owner shall
dedicate in fee simple to the County for public use no less than 43.45 acres in greenway
area, as shown on Attachment A, entitled "Glenmore Greenway Trail, Final Exhibit,"
prepared by Roudabush, Gale, and Associates, Inc. and dated June 18, 2007 (the
"Greenway Trail Area"). Such Greenway Trail Area may be increased as mutually agreed
by the Owner and the County and includes the greenway area originally intended to be
included in the greenway pursuant to proffer no. 6 of "ZMA 79-16" (such proffer
correctly identified as proffer no. 6 of "ZMA 97-16) and the additional area comprising a
minimum of 14.98 acres proffered pursuant to this ZMA 2006-016.
A. Prior to dedication of the Greenway Trail Area to the County, no buildings shall
be constructed, or erected within the Greenway Trail Area without the consent of
the County and it shall be otherwise preserved in its natural state except for
establishing pedestrian and riding trails and general beautification including, but
not limited to, the clearing of underbrush, removal of dead trees and shrubs, and
cleanup of the river.
B. Prior to dedication of the Greenway Trail Area to the County, the Owner may
grant across the Greenway Trail Area utility easements, access easements to the
Rivanna River for residents of Glenmore and members and guests of the
Glenmore Country Club and may build riding trails or make similar uses of the
area, provided that such utility and access easements allow the County's use of
the surface of the easement area to be used as a greenway, including the
establishment of signs, benches and other accessory improvements, and do not
otherwise interfere with the County's future use of the Greenway Trail Area as a
greenway.
C. The Owner shall convey the Greenway Trail Area by Deed of Gift and Easement
Agreement. The Deed shall be accompanied by a subdivision plat depicting the
Greenway Trail Area and bearing a notation that the Greenway Trail Area is
dedicated for public use, subject to provisions and reservations contained within
the Deed. If, at the time of dedication, the Greenway Trail Area is not dedicated
by an accompanying subdivision plat, the Owner shall pay the costs of surveying
the Greenway Trail Area, preparing the subdivision plat or other depiction thereof
acceptable to the Director of Community Development and the County Attorney,
and preparing and recording the Deed, and further provided that the Deed is in a
form approved by the County Attorney.
D. After dedication, the Greenway Trail Area shall continue to be counted as open
space for the purposes of the Glenmore Master Plan and required density.
3. To offset public expenditure on Capital Improvement Projects, the Owner shall contribute
sixteen -thousand five -hundred ninety dollars ($16,590) in cash for the purposes of
funding transportation, public safety, school, parks and library improvements to offset
public expenditure on Capital Improvement Projects. The per lot cash contribution shall
be paid to Albemarle County prior to the issuance of a building permit for each lot.
4. To provide capital for Albemarle County's Affordable Housing Program, the Owner shall
contribute two -thousand nine -hundred fifty-two dollars ($2,952) in cash for each
dwelling lot on the Property to provide capital for Albemarle County's Affordable
2
Housing Program. The per lot cash contribution shall be paid to Albemarle County prior
to the issuance of a building permit for each lot.
Beginning January 1, 2008, the amount of cash contribution required by Proffer number 3
shall be adjusted aiulually until paid, to reflect any increase or decrease for the preceding
calendar year in the Comparative Cost Multiplier, Regional City Average, Southeast
Average, Category C: Masonry Bearing Walls issued by Marshall Valuation Service
(a/k/a Marshall & Swift) (the "Index") or the most applicable Marshall & Swift index
determined by the County if Marshall & Swift ceases publication of the Index identified
herein. In no event shall any cash contribution amount be adjusted to a sun. less than the
amount initially established by these proffers. The annual adjustment shall be made by
multiplying the proffered cash contribution amount for the preceding year by a fraction,
the numerator of which shall be the Index as of December 1 in the year preceding the
calendar year most recently ended, and the denominator of which shall be the Index as of
December 1 in the preceding calendar year. For each cash contribution that is being paid
in increments, the umpaid incremental payments shall be correspondingly adjusted each
year.
6. in order to provide a higher level of Erosion and Sediment Control than is required by
current State and Local regulation, the Owner shall adopt construction procedures and
practices that limit the amount of disturbed area and provide enhanced protection for
areas historically prone to erosion. These procedures and practices shall include:
A. Limit construction activity such that not more than 30 acres of the project is
disturbed at any point in time. For the purposes of this proffer, disturbed areas
will be determined by the Program Authority based on the active E&S plan with
adjustments to include additional areas of disturbance and exclude areas where
permanent stabilization has been installed.
B. Utilize wire reinforced silt fence to control runoff from building construction.
C. Utilize permanent seed and matting to stabilize all slopes steeper than 3H:1 V.
D. Modifications to the above may be granted by the Program Authority due to
special circumstances during review of the E&S plan.
-Signature Page Follows -
3
GLENMORE ASSOCIATES LIMITED
PARTNERSHIP, a Virginia limited partnership
BY: The Frank 4KesslerDion of st dated
November ed, neral Partner
BY: (SEAL)
Michssor Trusteebate:
F
S/0
COMMONWEALTH OF VIRGINIA
Gam'/COUNTY OF to wit:
SEAL)
The foregoing instrument was acknowledged before me this 1 3 day of November, 2007, by
Michael D. Comer, Successor Trustee under The Frank A. Kessler Declaration of Trust dated
November 18, 1996, as amended, General Partner of Glenmore Associates Limited Partnership.
t�CIA-E-D,
My Commission Expires: 1 - a 01 U
My Notary Registration No.: a I
COMMONWEALTH OF VIRGINIA
-/COUNTY OF alp to wit:
The foregoing instrument was acknowledged before me this l �J day of November, 2007, by
Peggy B. Kessler, Successor Trustee under The Frank A. Kessler Declaration of Trust dated
November 18, 1996, as amended, General Partner of Glenmore Associates Limited Partnership.
Notary•
lic
My Commission Expires: t - t)1 ' -a c14)
My Notary Registration No.: �'--j t `4 55Q
\4855492.2 IRENDA D. SHORT
Notary Public
Commonwoolih of VlrD201
314662
4 liar Comminlon Eupins Jan
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 19
PLANNED RESIDENTIAL DEVELOPMENT - PRD
Sections:
19.1 INTENT, WHERE PERMITTED
19.2 APPLICATION
19.3 PERMITTED USES
19.3.1 BY RIGHT
19.3.2 BY SPECIAL USE PERMIT
19.4 RESIDENTIAL DENSITIES
19.5 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
19.6 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND
RECREATIONAL USES
19.6.2 RECREATIONAL AREA REQUIREMENTS
19.7 HEIGHT REGULATIONS
19.8 BUILDING SEPARATION
19.9 SETBACK AND YARD REGULATIONS
19.10 MINIMUM OFF-STREET PARKING REGULATIONS
19.11 SIGN REGULATIONS
19.1 INTENT, WHERE PERMITTED
PRD districts may hereafter be established by amendment to the zoning map in accordance with
the provisions set forth generally for PD districts in sections 8.0 and 33.0, and with densities and
in locations in accordance with the comprehensive plan.
The PRD is intended to encourage sensitivity toward the natural characteristics of the site and
toward impact on the surrounding area in land development. More specifically, the PRD is
intended to promote economical and efficient land use, an improved level of amenities,
appropriate and harmonious physical development, and creative design consistent with the best
interest of the county and the area in which it is located.
To these ends, the PRD provides for flexibility and variety of development for residential purposes
and uses ancillary thereto. Open space may serve such varied uses as recreation, protection of
areas sensitive to development, buffering between dissimilar uses and preservation of agricultural
activity.
While a PRD approach is recommended for developments of any density, it is recommended but
not required that the PRD be employed in areas where the comprehensive plan recommends
densities in excess of fifteen (15) dwelling units per acre, in recognition that development at such
densities generally requires careful planning with respect to impact. (Amended 8-14-85)
19.2 APPLICATION
Notwithstanding the requirements and provisions of section 8.0, planned development districts,
generally, where certain planned community (PC) or residential planned neighborhood (RPN)
districts have been established prior to the adoption of this ordinance, such districts shall be
considered to have been established as PRD districts under this ordinance and shall be so
designated on the zoning map.
18-19-1
Zoning Supplement 430, 10-13-04
ALBEAIARLE COUNTY CODE
19.3 PERMITTED USES
19.3.1 BY RIGHT
The following uses shall be permitted subject to the requirements and limitations of this
ordinance:
1. Detached single-family dwellings.
2. Semi-detadhed and attached single-family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further- that buildings are located so that each unit could be provided
with a lot meeting all other requirements for detached single-family dwellings except for side
yards at the common wall.
3. Multiple -family dwellings.
4. (Repealed 9-2-81)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural .facilities
such as tennis courts, swimming pools, game rooms, libraries and the like.
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations, and appurtenances owned and operated by the Albermarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5-12-93)
7. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water- and sewer transmission, main or trunk lines, treatment
facilities, purnping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
8. Temporary construction uses (reference 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage
buildings.
10. Homes for developmentally disabled persons (reference 5.1.7).
11. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
12. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-19.3.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6)) 10-9-02; Ord. 04-18(2), 10-13-04)
19.3.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit, provided that no separate
application shall be required for any.such use as shall be included in the original PRD rezoning
petition:
18-19-2
Zoning Supplement 430, 10-13-04
ALBEMARLE COUNTY CODE
I. Day care, child care or nursery facility (reference 5.1.06).
2. Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
4. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange -centers;
microwave and radio -wave transmission and relay towers, substations and appurtenances
(reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9-2-81)
7. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
8. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). (Added 9-13-89)
9. Professional offices. (Added 6-8-94)
10. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
11. Historical centers, historical center special events, historical center festivals (reference
5.1.42). (Added 6-8-05)
(§ 20-19.3.2, 12-10-80; 9-2-81; 11-7-84; 9-13-89; 6-8-94; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04;
Ord. 05-18(7), 6-8-05)
19.4 RESIDENTIAL DENSITIES
The gross and net residential densities permitted in any PRD district shall be shown on the
approved application plan therefor, which shall be binding upon its approval. The overall gross
density so approved shall be determined by the board of supervisors with reference to the
comprehensive plan, but shall, in no event, exceed thirty-five (35) dwelling units per acre. In
addition, the bonus and cluster provisions of this ordinance shall be inapplicable to any PRD
except as herein otherwise expressly provided.
19.5 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
19.5.1 Minimum area required for the establishment of a PRD district shall be three (3) acres.
19.5.2 Additional area may be added to an established PRD district if it adjoins and forms a logical
addition to the approved development. The procedure for an addition shall be the same as if an
original application were filed, and all requirements shall apply except the minimum acreage
requirement of section 19.5.1.
19.6 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES
19.6.1 Not less than twenty-five (25) percent of the area devoted to residential use within any PRD shall
be in common open space except as hereinafter expressly provided. (Amended 9-13-89)
18-19-3
Zoning Supplement#36, 6-8-05
ALBEMARLE COUNTP CODE
19.6 .2 RECREATIONAL AREA REQUIREMENTS
See section 4.16 for recreation requirements. (Amended 3-5-86)
19.6.3 In the case of any proposed PRD having a total gross area of not less than three hundred (300)
acres and a gross residential density of not more than two (2) dwelling units per acre, the board of
supervisors may waive the provision of common open space and recreation area as hereinabove
required provided that not less than thirty-five (35) percent of the gross area of such proposed
PRD shall- be devoted solely to agriculture. For purposes of this section only, the term "devoted
solely to agriculture" shall be deemed to include not more than one dwelling unit, which shall be
included in the determination of the gross density of the PRD.
19.7 HEIGHT REGULATIONS
Except as otherwise provided in section 4. 10, structures may be erected to a height not to exceed
sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set
back from any street right-of-way or single-family residential oi• agricultural district; in addition to
minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height
in excess of thirty-five (35) feet. (Amended 9- 9-92)
19.8 BUILDING SEPARATION
Except as otherwise provided in section 4.11.3, whether or not located on the same parcel, there
shall be a minimum of thirty (30) feet between main structures. This provision shall not apply to
structures built to a common wall. (Amended 1-1-83)
19.9 SETBACK AND YARD REGULATIONS
19.9.1 Structures to be located on the outer perimeter of a PRD district shall conform to the setback and
yard regulations of the adjoining district.
19.9.2 Within the PRD district, the board of supervisors shall establish minimum setback and yard
requirements at time of establishment of such district.
19.10 MINIMUM OFF-STREET PARKING REGULATIONS
Off-street parking and loading space requirements shall be in accordance with section 4.12;
provided that the board of supervisors may vary or waive such requirements at time of
establishment of a PRD district.
19.11 SIGN REGULATIONS
Sign regulations shall be as prescribed in section 4.15.
18-19-4
Zoning Supplement #36, 6-8-05
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