HomeMy WebLinkAboutSDP201000021 Approval - County 2009-04-24Lon
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434).296-5832 Fax (434) 9724126
April 24, 2009
Richard Spurzem
Neighborhood Properties
P.O Drawer R
Charlottesville, VA 22903
RE: SDP 2008 -00041 North Pointe [Northwest Residential Area] Preliminary Site Plan
Dear Sir:
Thank you for your March 9''', 2009 submittal of the above mentioned preliminary site plan, which is
hereby approved subject to the conditions outlined below. I have received comments from various
reviewers relative to this proposal and this letter offers several comments which are technical in nature,
and identify several major areas of importance that will need to be worked out during the final site plan
stage. The major issues are: proffered road improvements, layout and design of stormwater
management facilities especially Stormwater Management Facility #10 shown on the Application Plan
and encroachment into conservation and flood plain areas during construction. These issues are
discussed in the Comments section of this letter.
Conditions of Preliminary-Site Plan Approval
The final site plan must comply with all requirements of the Albemarle County.Zoning Ordinance and
other applicable regulations and must comply with the proffers accepted and the Application Plan
approved for Zoning Map Amendment 2000 -009 and the conditions imposed for Special Use Permit
2002 -072. In addition:
,Current Development: Preliminary site plan requirements that need to be addressed on the final site plan
are as follows:
[32:7.2:8] 'Sidewalks: Provision shall be made for sidewalks and pedestrian walkways
which will enable pedestrians to walk safely and conveniently between buildings on the
site and from the site to adjacent property. The sidewalks along Northwest Passage end
before they get to U.S. Route 29. Sidewalks must extend to U.S. Route 29. Additionally,
please provide a network of sidewalks that will enable pedestrians to walk safely and
conveniently between buildings on the site and from the site to the proposed trails and
adjacent properties. Provision shall be made where appropriate for pedestrian walkways in
relation to private and public areas of recreation and open space such as schools, parks,
gardens and areas of similar nature.
• 332 5.61] Existing and proposed streets, access easements, alley easements and rights-of-
way, and travelways, together with street names, state route numbers, right -of -way lines
and widths, centerline radii, and pavement widths. Please show the existing private
access easement to the Korean Church.
[32.5.6.r] Setbacks shown on the preliminary site plan by the trail are incorrect. Please
make sure the 10 foot rear setback and the 6 foot setbacks are shown correctly.
3 Additionally, some buildings shown on the preliminary site plan are in the 8 foot front
setback. Please revise.
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Variation Requests: See the letter from V. Wayne Cilimberg, Director of Planning, dated April 22, 2009
- Comments
Layout and design: The layout and design of this site is of major concern. The Director of Community
Development has expressed concern, and has proposed phasing. His comment is as follows:
•• I did not note any indication of phasing the project (18- 32.5.6.c.). That said, I remember
specifically discussing this at time of rezoning and noting I did not see how this property could be
developed without phasing. While I cannot speak to how a future phasing plan might require a
revised preliminary site plan, if there is interest in phasing the project to address the erosion and
sediment control requirements, the applicant should discuss concepts with engineering staff as
early as possible. Once again, I caution this is a very difficult site.
Stormwater Management: County Engineering Staff and the Director of Community Development have
concerns with the stormwater management facilities shown on the preliminary site plan. The design and
layout of Stormwater Management Facility #10 on the Application Plan needs to be revised on the final
site plan. The Director of Community Development had the following comments.
With respect to the Stormwater Management Facility # 10 on the Application Plan, which is
shown in the southeast comer of the proposed development (preliminary site plan), I note the
following:
a. This facility must demonstrate that it can be adequately maintained in the future.
This includes assuring a dump truck can reach this facility and haul spoils away as
well as assuring equipment can reach the spoils. As shown, it appears a truck
does not have reasonable access to this area and the facility may be so steep and
deep that other equipment cannot remove the spoils from the bottom ofthe
facility.
b. Under the proffers, the property has a high threshold for stormwater management.
Prior to starting any design on this facility, the applicant is strongly encouraged to
discuss design concepts with County staff. It is anticipated this requirement will
prove difficult to satisfy and it is in everyone's interest to avoid an iterative plan
review process.
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c. Similar to b, the property also has a proffer for a high threshold of erosion and
sediment control protection that will likely prove difficult to satisfy. Staff would
prefer to avoid iterative plan reviews. while solutions are. developed..
d. Related to c, staff anticipates that the adjoining school site / park will be requested
in the time frame of this development and the proffers require this site to be
graded before given to the County. As such, this stormwater facility is likely to
prove necessary for use with erosion and sediment control associated with that
proffered grading. While there is no requirement this facility provide the
necessary sediment control for that grading, I did not see how it can be otherwise
addressed. 1 also note that if the grading is not done as specified by the approved
proffers, the property of this site plan could be subject to a zoning violation as a
result of that failure. Once again, it appears in everyone's best interest to work
this out before submitting a final site plan.
Other required stormwater facilities need to be designed as follows:
.• With respect to the other stormwater management or erosion and sediment control
facilities required for this plan, the applicant is strongly encouraged to discuss design
concepts with engineering staff prior to starting on plans. It is anticipated it will prove
difficult to comply with the proffer requirements and ordinance requirements. County
staff does not have the discretion to allow encroachments into the floodplain or
conservation areas for these facilities or for any grading. County staff recommends that
the applicant discuss concepts with engineering staff before the final site plan is
submitted.
Proffers: Proffers that need to be addressed relate to engineering comments on proffered road
improvements, stormwater and erosion and sediment control and are taken to be a binding commitment as
to what you will be constructing. Proffers that need to be satisfied are as follows:
1. Section 4.1 Flood Plain: compliance: [Action required with this preliminary site plan
and future site plan submittal]. This proffer is subject to Albemarle County Engineering
Review. Design guidelines in the engineering comments will help with grading and limits
of disturbance that may currently encroach into the floodplain. See engineering comments
above for guidance.
2. Section 4:2-Storm Water Management Plan Compliance. [Action required with this
preliminary site plan and future-site plan submittal]. This proffer is subject to
Albemarle County Engineering Review. See engineering comment above for guidance.
Design of stormwater facilities on the site must meet County Engineering standards.
3. Section 53.1 Internal street construction standards compliance: [Action required
with this preliminary site plan and future site plan submittal]. All proffered
transportation improvements must be shown on the final site plan. See engineering
comments for guidance.
4. Section 53.1.c Phase III Road Improvements compliance. [Action required with this
preliminary site plan].Approval of a subdivision plat or site plan for any development of
either the Virginia Land Trust Company (32 -22K) or the Jackson Trust Property (32 -22H)
or any portion thereof triggers this proffer. See engineering comment for guidance. This
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the Neighborhood Model for a pedestrian orientation and buildings and spaces of human
scale. The proposed variations are not in conflict with the Neighborhood Model.
2) The variations do not increase the approved development density or intensity of
development. The variations would allow for more building coverage on the property;
however, the variation would not increase the approved density or intensity of the
development.
3) The variations do not adversely affect the timing and phasing of development of any
other development in the zoning district. The variation will not adversely affect the timing
and phasing of development or any other development in the zoning district.
4) The variations do not require a special use permit. The variations do not require a
special use permit.
5) The variations are in general accord with the purpose and intent of the approved
rezoning application. This variation is in conformity with the approved rezoning which, in
part, was intended to support the principles of the Neighborhood Model.
The third variation requested, to have buildings and parking between Northwest Passage and
SWM Facility # 10, will have to be considered in conjunction with the review of the final site
plan. Based on comments by the Director of Community Development, there is a strong
likelihood that appropriate design for erosion control, stormwater management and safety is not
possible with the design shown on the preliminary site plan. While I note that you have shown
slope reconstruction yielding 3:1 slopes on the site plan, according to the Director of Community
Development, it is extremely unlikely that SWM Facility # 10 can function as shown on the
preliminary site plan. (See comments from Director of Community Development.) I recommend
that you discuss concepts with Engineering staff before the final site plan is submitted. In
addition, as I said in my letter of January 30, 2009, the site plan needs to demonstrate
appropriate design for the appearance from the Entrance Corridor (U.S. 29). Visual depictions
would be suitable for this purpose.
Because the Director of Community Development can approve the preliminary. site plan
contingent upon the appropriate demonstrations of stormwater management, consideration of
your requested variation related to SWM Facility #10 can be deferred to the final site plan.
Please feel free to contact me if you have questions or need more information.
Sincerely, -
(Z
V. Wayne ilimt
Director o Planning
,Cc:— Lary.._Davis_
Mark Graham
Elaine Echols
Amelia McCulley
Gerald Gatobu
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone(434)296 -5832
August 23, 2006
Donald J. Wagner
GEMC & Riverbend, LP
PO Box 5526
Charlottesville, VA 22905
RE: ZMA -00 -009 North Pointe PD -MC (SignS #97, 98, 99)
AND
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Fax(434)972 -4012
SP -02 -072 North Pointe Residential Uses (SignS #97, 98, 99)
Tax Map 32 Parcels 20, 20a, 20al, 20a2, 20a3, 22h 22k, 23, 23a, 23b, 23c, 23d, 23e,
23 f, 23g, 23h, 23j and 29i
Dear Mr. Wagner:
The Board of Supervisors approved ZMA- 2000 -009 North Pointe on August 2, 2006. Your
rezoning from RA Rural Area to PD -MC Planned Development Mixed Commercial was
approved in accordance with the attached proffers dated July 20, 2006. An application
plan /plan of development dated June 13, 2006 was approved as part of the rezoning. Please
refer to these documents for any future applications and requests on this property.
On August 2, 2006, the Albemarle County Board of Supervisors also took action on SP 2002-
072 North Pointe to allow Residential Uses on Tax Map 32 Parcels 20, 20a, 20al, 20a2, 20a3,
22h 22k, 23, 23a, 23b, 23c, 23d, 23e, 23 f, 23g, 23h, 23j and 29i in the Rivanna Magisterial
District. This special use permit was approved based on the following conditions:
1. Residential mix. The dwelling units within the Project shall consist of the following three
types: (a) single - family detached, including carriage house units; (b) multi - family; and (c)
other (consisting of townhouses, duplexes, attached housing, condominiums in the
commercial areas and any other unidentified housing types). The minimum number of
each of the three dwelling unit types shall be 205 of the 893 total permitted dwelling units.
2. Phasing of residential units. Beginning from the date of approval of the first commercial
building permit, the owner shall record subdivision plats creating a minimum of forty (40)
lots for single family detached residential units each year thereafter until plats have been
recorded creating lots for a minimum of two hundred (200) single family detached
residential units. If the owner records subdivision plats creating lots for more than forty
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Page 2 of 8
August 23, 2006
(40) single family detached residential units in any year (including any year prior to the
date of approval of the first commercial building permit), the excess lots shall be credited
to the lots required in subsequent years.
3. Conservation areas. The conservation areas shown on the Application Plan shall remain
undisturbed and shall be protected from development impacts to the satisfaction of the
County's program authority for the Water Protection Ordinance (Chapter 17 of the
Albemarle County Code) (the "Program Authority "); except that the pedestrian paths
shown on the Application Plan may be placed in a conservation area where shown on the
Application Plan. Storm drainage outfalls and other pedestrian paths may only be placed
in conservation areas if the Program Authority finds that no other location is reasonably
available and that the disturbance is necessary for such a proposed use.
Notwithstanding the terms of this Condition 3 to the contrary, the Program Authority may
approve a utility main within a conservation area, even if it is not shown on the
Application Plan, and the Program Authority may approve other disturbances and /or
measures as may be appropriate in the Program Authority's discretion to further protect a
conservation area.
4. Conservation areas with utilities. The conservation areas with utilities shown on the
Application Plan shall remain undisturbed and shall be protected from development
impacts to the satisfaction of the Program Authority; except that:
A. The streets and pedestrian paths shown on the Application Plan may be placed in a
conservation area with utilities where shown on the Application Plan. Other
pedestrian paths, other streets, and sanitary sewers, storm drainage outfalls, and /or
stream mitigation measures may only be placed in a conservation area with utilities if
the Program Authority finds that no other location is reasonably available and the
disturbance is necessary for such a proposed use. In any event, the construction,
maintenance and use of the improvements shall have the minimum environmental
impact on the conservation area with utilities necessary for the improvements to be
established and maintained, and the long -term impacts shall be adequately mitigated.
Nothing in this condition shall be construed to obviate the requirements established
for stream buffers under Chapter 17 of the Albemarle County Code or shall constitute
a waiver of such requirements.
B. Erosion and sediment control structures and measures shall be permitted within a
conservation area with utilities solely to address impacts from authorized land
disturbing activity within such area, unless otherwise requested by the Owner and
approved by the Program Authority.
C. The Program Authority may approve other disturbances and /or measures as may be
appropriate in the Program Authority's discretion to further protect a conservation
area with utilities.
5. Open space. The Owner shall restrict from development all open space areas
designated as greenway, buffer areas and park areas shown on the Application Plan.
This condition shall not apply to development parcels, conservation areas, and
conservation areas with utilities shown on the Application Plan.
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August 23, 2006
A. Open space areas not dedicated to public use shall be for the use and enjoyment of
the residents of the Project, subject to the restrictions that may be imposed by any
declaration recorded as part of a conveyance of these areas to a homeowner's
association. Open space areas dedicated to public use shall be for the use and
enjoyment of the public, including the residents of the Project.
B. No structural improvements other than utilities, pedestrian and biking trails, and
common area amenities such as playgrounds, picnic areas, hardscapes, and PAR
exercise equipment shall be established and maintained in the open space areas.
6. Agaregate set aside for open -space related areas. In no event shall the total area of
open -space related areas comprised of the conservation areas (Condition 3),
conservation areas with utilities (Condition 4), open space (Condition 5), greenway
(Conditions 5 and 7), and landscaped buffer areas (Conditions 5 and 8) shown on the
Application Plan, be less than a total of thirty -five percent (35 %) of the total land within
the Project to be developed for residential uses, as shown on Sheet G to the Application
Plan entitled "Open Space and Green Way Plan," dated March 6, 2006 ( "Sheet G ").
7. Rivanna greenway /access. The Owner shall reserve for dedication to public use a
greenway along the boundary of the Project and adjacent to the Rivanna River, between
the flood plain line and a preservation area (hereinafter, the "greenway ") as shown on
Sheet G.
A. The Owner may grant such utility easements across the greenway as are required for
a forced main utility and for the proposed uses shown on the Application Plan, each
with the prior written consent of the County. Erosion and sediment control structures
and measures shall be permitted within a greenway solely to address impacts from
authorized land disturbing activity within the greenway, except as otherwise requested
by the Owner and approved by the Program Authority.
B. The Owner shall dedicate to public use the greenway and all pathways shown through
land depicted on Sheet G as "Greenway "; provided, however, that the property
owners within the Project shall have access to and over such pathways at all times
the pathways are open to the public. The greenway and pathways shall be dedicated
either upon the request of the County, or in conjunction with the platting of the
residential lots adjacent to the section of the greenway to be dedicated. If the
greenway and pathways are dedicated by platting, the greenway and pathways shall
be set apart on the plat for public use with a notation that the greenway and pathways
are dedicated for public use. If the County accepts dedication of the lake referenced
in section VI of the Proffer Statement for the Project (ZMA 2000 -009), upon request
by the County, the Owner shall dedicate to public use the access pathway east of the
middle entrance and leading to Flat Branch as shown on Sheet G.
C. Access easements to the Rivanna River shall be provided as shown on the
Application Plan for the benefit and use by property owners within the Project.
D. The Owner shall be responsible for the costs of drafting the deeds of dedication,
having required surveys conducted and plats prepared, and recordation costs.
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Landscaped buffer between residential areas and rural areas. Before the County issues
a certificate of occupancy for the first dwelling unit constructed on any of the lots shown
on the Application Plan abutting the areas shown on the Application Plan as "Open
Space Buffer (30')" along Pritchett Lane (Lots Al -6, H8 -20, L15 -34 and N2 -5), the Owner
shall establish and thereafter maintain a heavily vegetated buffer in the open space buffer
common areas. The buffer, where one does not already exist, shall be planted in
accordance with a landscaping plan approved by the County. The landscaping plan shall
include the following: (i) an informal mix of screening trees, loosely staggered, fifteen (15)
feet on- center; (ii) the same species of screening trees shall be clustered in groups and
alternate groups of screening trees shall be provided to create a naturalistic rural
landscape; (iii) large and medium shade trees shall be interspersed among the screening
trees; (iv) clusters of ornamental trees shall be provided in groups of 3's and 5's; and (v)
tall shrubs shall be massed to help integrate the proposed plantings into a naturalistic
rural landscape. The features described in (i) through (v) herein define a "naturalistic
rural landscape." Approved plant species shall be obtained from the Albemarle County
Recommended Plants List and the buffer design shall be subject to the review and
approval of the Director of the Department of Community Development. The Owner shall
maintain the buffer.
9. Extensions. Unless the dedication of public right -of -way and the construction of such
streets or accessways, as applicable, are required in conjunction with the approval of a
subdivision plat under Albemarle County Code § 14 -409 and related sections, or their
successors, the following streets or accessways, as applicable, shall be constructed and
rights -of -way shall be reserved for dedication to public use as provided herein:
A. Extensions to Pritchett Lane. The Owner shall design and construct as emergency
access ways extensions to Pritchett Lane within the fifty (50) foot wide rights -of -way
located between Lots H -9 and H -10 and Lots L -16 and L -17, respectively, as shown
on the Application Plan, subject to the following:
The emergency accessways shall be designed and graded to accommodate a
minimum Virginia Department of Transportation standard for a public street as
determined by the County Engineer, and constructed using pervious parking
pavers or other materials sufficient to support fire and other emergency vehicles,
but that support grass or other ground cover, in conjunction with the construction of
the streets serving Lots H -7 and L -14, respectively.
2. The fifty (50) foot wide rights -of -way shall be dedicated to public use upon request
by the County, together with all necessary right -of -way for the fifty (50) foot wide
rights -of -way to be geometrically connected to adjoining streets as approved by the
County Engineer.
3. If requested by the County within ten (10) years after the first certificate of
occupancy is issued for a dwelling unit within the H or L sections shown on the
Application Plan, and after the property on the east side of Pritchett Lane opposite
the respective emergency access ways has been upzoned, the Owner shall
convert and upgrade the emergency access ways to the applicable Virginia
Department of Transportation public street standards for acceptance into the state
highway system. Subject to weather delays or force majeure, the construction of
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August 23, 2006
the upgrades shall be completed for such acceptance within one hundred eighty
(180) days after the request by the County.
B. Extension to Tax Map 32 Parcel 231-11. In the event that any of the residential units
within the Project adjacent to Tax Map 32, Parcel 23H1 are developed under a site
plan, the Owner shall design and construct extensions to Tax Map 32, Parcel 23H1 by
way of two streets within the fifty (50) foot wide rights -of -way located as shown on the
Application Plan and identified by the notation "R.O.W. Reserved for Future
Dedication," adjacent to the church property identified as Tax Map 32, Parcel 23H1
that fronts on Pritchett Lane. The exact location of the rights -of -way shall be fixed by
the applicable final site plan.
The streets shall be designed and constructed to applicable Virginia Department of
Transportation public street standards. The streets shall be constructed in
conjunction with the applicable final site plan, or at such other time authorized by
the County Engineer under such terms and conditions the County Engineer
determines to be appropriate, including the requirement that the Owner provide
adequate surety or other guarantee that the streets will be constructed and
maintained until accepted into the state highway system.
2. The streets shall be constructed as close to the property line between the Project
and Tax Map 32, Parcel 23H1 as determined by the County Engineer to be feasible
without obtaining offsite construction easements. The rights -of -way shall be
graded as close as possible to the Project property line.
To allow the completion of street improvements to and beyond the Project property
line, temporary construction easements on the Owner's property and outside of the
rights -of -way to be dedicated shall be reserved on the applicable final site plan.
The site plan also shall include a note stating that no improvements shall be
established within the reserved area. Within ninety (90) days after request by the
County, the easements shall be granted. No improvements shall be located within
the temporary construction easements until the construction of the street
improvements onto Tax Map 32, Parcel 23H1 has been completed so that the need
for the temporary construction easements no longer exists.
4. Within ninety (90) days after request by the County after Tax Map 32, Parcel 23H1
has been upzoned, the Owner shall dedicate to public use the streets and rights -of-
way and offer the street for acceptance into the state highway system.
10. Overlot grading plan. For all subdivisions with lots less than 15,000 square feet in size
and not otherwise requiring a site plan, a lot grading plan ( "Overlot Grading Plan ") must
be approved by the County Engineer prior to the issuance of a building permit for a new
residence on any such lot(s). The Overlot Grading Plan must satisfactorily demonstrate
compliance with all Erosion and Sediment Control requirements for drainage conveyed
across such lot(s). An "Agreement in Lieu of a Plan" will be allowed for building permits,
provided the general drainage patterns and grading matches that shown on the Overlot
Grading Plan. The Overlot Grading Plan may be revised at any time by the subdivision
developer or individual lot owners, provided all work can be accomplished within their
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property lines or within available easements. All amendments shall be subject to the
review and approval by the County Engineer.
A. The Overlot Grading Plan shall be drawn to scale not greater than one (1) inch equals
fifty (50) feet, with all proposed grading shown at contour intervals not greater than
two (2) feet interpolated and shall demonstrate to the satisfaction of the County
Engineer that:
1. All concentrated runoff is conveyed across lots using vegetated swales or
underground drainage structures in a manner that does not result in flooding of
buildings or erosion as a result of the grading. For the purposes of this
requirement, flows from roof downspouts will be considered concentrated flows if
not adequately dispersed before reaching the property line.
2. Overland relief is assured in the event that drainage structures do not function.
Overland relief will be considered satisfied if buildings are designed to have
finished floors at least one (1) foot above low points for any drainage area which
includes the house. With dams and similar impoundments, this should be
measured from the top of the dam.
B. The County Engineer may allow other drainage structures (e.g., riprap ditches) where
it has been determined this change will not significantly impact usable yards (e.g.,
cobblestone swale next to a driveway), where slopes are too steep for vegetated
swales (e.g., steeper than 33% grades), or where the change would better mitigate
impacts on adjoining properties (e.g., matches offsite drainage structure).
C. Public drainage across lots shall be in storm sewers except open drainage ways may
be allowed if the plat restricts construction of a building within fifty (50) feet of a
proposed open drainageway. If a storm sewer is used across lots, easement widths
must be sufficient to allow excavation with 1:1 side slopes on the trench, sufficient
room on one side of the trench to stockpile excavated materials, sufficient room on
the opposite side of the trench to allow for movement of materials, and adequate
room for a backhoe boom to swing. Fences, walls, driveways, and other uses are not
allowed within the easements, except where a "hold harmless" clause is included in
the easement agreement.
D. No surface drainage may flow across more than three (3) lots or one -half (1/2) acre,
whichever is greater, before being collected in a storm sewer or directed to a drainage
way outside of the lots.
E. Retaining walls higher than four (4) feet (measured from the top of the face to the
ground on the downhill side) shall be designed by a professional engineer to assure
long -term stability. Retaining walls building using a VDOT standard or a pre -
engineered product that includes certification are not required to provide a separate
professional engineer's certification provided the building contractor provides an
affidavit that the wall was constructed consistent with the standard. Retaining walls
higher than four (4) feet in useable yards or places where the public might walk must
include a railing similar in design to what is required for elevated decks. In
circumstances where it is questionable whether a railing is required, the County
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August 23, 2006
Engineer will make the determination. The builder must provide evidence of the
ability to maintain any retaining wall which could not be maintained without the use of
adjoining property.
F. Except for the main entrance to the dwelling, which shall be governed by Condition 10
(G), the Plan shall demonstrate that an area at least five (5) feet in width, or to the lot
line if the distance is less than five (5) feet, from any possible doorways to dwellings
as shown on the Plan or from the edges of any grade level patios as shown on the
Plan that will not be served by a stairway, has grades no steeper than ten percent
(10 %) perpendicular to the exterior wall.
G. In lieu of the foregoing provisions, the grading plan for the residential units located in
the southeastern portion of the Project as shown on the Application Plan shall be
included as part of the site development plan application for the appurtenant
commercial area as shown on the Application Plan.
H. Any requirement of this condition may be waived by the County Engineer by
submitting a waiver request with the preliminary plat. If such a request is made, it
shall include: (i) a justification for the request contained in a certified engineer's
report; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller
than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the
property; (iv) topography of the property at five (5) foot intervals for the property being
subdivided and on abutting lands to a distance of five hundred (500) feet from the
boundary line or a lesser distance determined to be sufficient by the agent; (v) the
locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and
(vi) the proposed layout of streets and lots, unit types, uses, and location of parking,
as applicable. In reviewing a waiver request, the County Engineer shall consider
whether the alternative proposed by the Owner satisfies the purpose of the
requirement to be waived to at least an equivalent degree. In approving a waiver, the
County Engineer shall find that requiring compliance with the requirement of this
condition would not forward the purposes of the County's Subdivision and Water
Protection Ordinances or otherwise serve the public interest; and granting the waiver
would not be detrimental to the public health, safety or welfare, to the orderly
development of the Project, and to the land adjacent thereto.
I. The Owner may request that the Plan be amended at any time. All amendments shall
be subject to the review and approval by the County Engineer.
11. Sanitary sewers. All residential uses shall be served by gravity sanitary sewers;
however, basements may be served by grinder pumps.
In addition, the Board approved the following WAIVERS:
1. Section 21.7 minimum yard requirement waiver to allow for alternative setbacks in
accordance with the application plan; and
2. Section 4.2 of the Zoning Ordinance related to critical slopes, as shown on the application
plan.
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August 23, 2006
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 conditions of the SPECIAL USE PERMIT;
• approval of and compliance with SITE PLAN(S) AND /OR SUBDIVISION PLAT(S); and
• approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special use permit is issued is not
commenced within twenty -four (24) months from the date of Board approval, it shall be deemed
abandoned and the permit terminated. The term "commenced" means "construction of any
structure necessary to the use of the permit."
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact Sherri Proctor at 296 -5832.
Sincerely,
V�
V. Wayne ilimber
Y 9
Director of Planning
VWC /aer
Cc: Violet Hills Association, etal
C/o Greater Eastern Management Co.
Post Office Box 5526, Charlottesville, VA 22905
Amelia McCulley
Tex Weaver
Chuck Proctor
Sherri Proctor
Steve Allshouse
Sarah Baldwin
Bruce Woodzell (Real Estate)