HomeMy WebLinkAboutSUB201500212 Resolution - Board of Supervisors 2016-01-19 ° . .M.A 9 -7- o
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
40] McIntire Road -
Charlottesville, Virginia 22902.4596
(804) 296.5823
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March 18, 1998
Scott A. Williams
HCR 1, Box 3
Charlottesville, VA 22901 •
RE: ZMA 97-01 Still Meadows
Tax Map 46, Parcel 21 and Tax Map 45132,Parcel 2(pt of)and 4(pt of)
Dear Mr. Williams:
410 The Albemarle County Board of Supervisors,at its meeting on March 4, 1998,approved the above-noted
proposal to rezone approximately 142 acres from R-1,residential to PRD, Planned Development
Residential with a maximum of 155 lots. Please note that this approval is subject to the attached proffers,
dated February 27, 1998.
If you have any questions or comments regarding this action, please do not hesitate to contact me.
Sincerely,
4 i
O.,�4 ,
V. Wayne C imberg
Director of Planning& t omm tty Development
WC/jcf
cc: Amelia McCulley
Jack Kelsey
Cescent Development Group, LC
1
' AMENDED AN' RESTATED
PROFFER ST . �)
CRESCENT DEVELOP j GROUP,L.L.C.
REZONING AP?LI ON: ZMA-97-01
PEBR JAR 27, 1998
Crescent Development Group,L.L.4. is . contract purchaser,011ie L.Fitzgerald.Jr.
and Florence L.Fitzgerald, Still Meadow Land T :t and Jane Williamson are the owners of that
certain property located in Albemarle County(the 'County")described in rezoning application
ZMA-97.01 as Tax Map 46 Parcel 21 and pprtio, •f Tax Map 45B2 Parcels 2 and 4(the
"Property"). The contract purchaser and the o • ,and their respective successors and assigns
are hereinafter,collectively,referred to as the"• . rs". Owners hereby voluntarily proffer that
if the Property is rezoned by the Board of Supervi:.is of Albemarle County(the"Board")to the
planned residential development(the"PRD$). . 'opment of the Property shall be in
accordance with the plan submitted herewith last : ' ed September 18, 1997,entitled
"Preliminary Plan Showing Lots I Thru 151 Still - • •w,Rio Magisterial District,Albemarle
County,Virginia"prepared by B.Aubrey II "a' : .I�Associates(the"Plan"),and shall be
subject to the following proffers pursuant tc#Secti'it 15.2-2298 of the Code of Virginia(1950),as
amended(the"Code"),and applicable provisions , the Albemarle County Zoning Ordinance
(the"Ordinance"). All references to numbeed lo are to those lots as numbered on the Plan.
If Owners'rezoning application is*led, . se proffers shall be immediately null and 41
void and of no further force or effect, All otthese proffers are offered voluntarily pursuant to the
Ordinance and relevant sections of the Coda. The iproffers herein shall not be interpreted to
authorize any person to apply lesser standarjds , : ' those contained in any: (i) state statutory,
regulatory or code minimum standards,or(ii)Co ; ordinance or regulation,including the
Ordinance,except as permitted by the regulations 1 f the PRD Zoning District. These proffers
shall supersede all other proffers made prior here i,
1. Protective Covenants. Prior to ore , it with the recordation of a subdivision plat
approved by the County and before the • I eyance of any portion of the Property
covered by said subdivision plat(otliier . . . for the dedication of easements,roads or
utilities), Owners shall record a document the"Protective Covenants")in the Clerk's
Office of the Circuit Court of AlbeMarle •aunty,Virginia,setting forth controls on the
development and requirements for main ,r , e of such portions of the Property and any
Common Areas or facilities included til� , and at a minimum as set forth herein.
2. Clearing. To the extent reasonably practic .le, as determined by the Director of Planning
and Community Development or '' deal .1 at the time of development the clearing of
mature trees on residential lots s be '..' d to trees in areas required to accommodate
the structure and its normal and ii - ssories,open yard areas and those limited
areas required to permit utility scryi s,a •, drainage facilities and driveways. Any
such trees which have been saved y not a cleared by any future owner of any lot
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without the consent of the Architectural C trol Committee of the Homeowners
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Association provided for in the Protective C.i enants. To the extent reasonably
practicable,as determined by the Director o' laming and Community Development or
his designee,at the time of development the eating of mature tees(no less than six
inches(6")in caliper measured two feet(2') ••ve ground level)in common areas shall
be limited to tees in areas required to.acco•, • odate pedestrian paths,playing fields,
drainage facilities and other open = ' ,and . •se limited areas required to permit utility
services and driveways. The primary respo .bility for the implementation and
compliance with this Proffered Co. .•:. . =.511 rest with the Homeowners Association
provided for in the Protective Covets.
Owners shall e a one hundred(100)foot wide area
3. along the boundary of the Property old adj-5-4.t to the Rivanna River(the"Green Belt").
No structural improvements(other than • • - • • . and riding trails and utilities)shall be
constructed or erected within the Green Bel ' • •ut the consent of the County. The
Green Belt shall be preserved in its ct t. .dition except for general beautification
measures including,but not limited to,the ..ili axing of underbrush,removal of dead trees
and shrubs, and clean up along the ti . • :A•-' may grant,across the Green Belt,utility
easements,and access easements to t ie Riv l. . River for the residents of the
development and their guests,and may,at li it option,build pedestrian and riding trails
or similar recreational uses. At such ' i • County decides to establish along the
Riven=River a public area or park
Ire
e Green Belt,and upon a request by the
10 County,Owners shall convey the fee simpl ' e to the Green Belt to the County without
monetary consideration,provided uses - owed for utilities,and pedestrian and riding
trails or other uses identified in this offer are reserved in the deed. The Green Belt
may continue to be maintained by O the Property;however,in the absence of
such maintenance,Albemarle Co at its 't' 'on or any public agency or authority
designated by the County may maintain ne hundred(100)foot wide Green Belt.
Owners shall provide public access tO the •- •ed Green Belt and two (2)visitor parking
spaces as shown on the approved sudivisi, • plat. The current condition will be
documented with photographs or videotap-
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4. Water Ouality Concent Plan. In ordtpr to 1 water quality in excess of normal water
detention requirements,Owners will impl ,.;a' the following three(3)tier Water Quality
Concept Plan: 1
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a. Storm water detention facili `as ' ‘• 'ze BMP Design Criteria to filter storm
water,which shall include t not •• limited to facilities designed to
accommodate one half(1/2) ch o ';Drage per acre of ultimate development
impervious area in drainage area;s .'.•cut forebays;aquatic benches;and such
features as may be approved:by th : • s• a '• _ Department. These facilities are
shown generally on the plan Are A,Area B and Area C.ts
b. Water quality basins to filter the s „ ;.• water that is not required to be detained
Ill shall be constructed with thel same :'/AP Design Criteria as stated in subparagraph
a. above and as shown generally " •e plan as Area D.
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c. In addition to the existing • (50) of buffer along the Rivanna River,Owners
shall provide an additional fi (S0 j set of buffer,making such buffer one
hundred(100)feet in the ag a gate will consist of riparian trees and shrubs
pursuant to planting plan app •ved b the engineering Department. These
facilities are shown generall on the lan as Area E.
d. A riparian buffer of appro :..= i 4ty(30)feat will be planted along the stream
as shown generally on the p . as F. The buffer will consist of riparian trees
and shrubs pursuant to plan " • plan,[approved by the Engineering Department.
e. A man-made wetland area . U be b t to act as a regional water quality facility.
The wetland area will filter •rm ' from this site as well as many up-stream
properties,and is generally . •wn o the plan as Area O.
f. Either a level spreader or a b". reten"on area will be built to control water quality
for water not being detained. This ility is generally shown on the plan as Area
H.
This Water Quality Concept 'Ian been designed to comply with the County's
proposed Water Protection Ordinan shall implemented pursuant to a design subject
to the approval of the Engineering D- •. t can only be modified with the approval of
the Engineering Department and fu Mair '... ; • of the aforesaid facilities shall be
subject to inspection by the Engine • • . """ a
5. Critical Slopes. The engineer pre•. • _ the subdivision plan shall designate the areas of
critical slope on the subdivision plat prior .•:construction of a residence on the applicable
lots. The engineer will designate on the • • plat as"Restricted Areas"the portions of
lots 96 through 142 as are currently •wn the Plan,by limiting the use of the critical
slope areas through the Protective C.venae . The Protective Covenants shall limit the
removal of live trees within the Re . 'cted , eas but shall allow for the construction of .
utility lines and laterals.
6. Buffer Are4. A natural and/or •• .ped er area a minimum of seventy(70)feet in
width,the rear most forty(40)feet •. whi shall be included in common area,shall be
maintained across the rear lot lines .f lots i 15 inclusive as shown on the Plan,adjoining
Northfields and Westmoreland Su••'visio . This buffer shall remain is an undisturbed
condition except for the removal of . other vegetation required for the installation
of a sanitary sewer line in the sani . easement,for improvements as may be
required by the County or any other _ov r ental body as a condition of subdivision
approval,and for essential utilities. ;this sanitary sewer easement, existing trees
and other vegetation may be remov-• and; en, diseased or dead trees and other
vegetation shall be removed. The - • •val f trees and other vegetation within the
sanitary sewer easement shall not -• ty(20)feet in width. The removal of trees
and other vegetation not within the anitary sewer easement shall be limited to the
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minimum extent necessary to provide for ,I required improvements or essential utilities.
111, Any trees or other vegetation remov d • = I1 i•be replaced,if permitted by the appropriate
departments of the County.
The substance of this Profen shall I included as a restriction in the Protective
covenants referred to in Proffer 1. . I eowners Association shall monitor and
enforce compliance with this resui op. " owners of the lots in Northfields and
Westmoreland Subdivisions which Qin •its 1-15,inclusive,as shown on the Plan, shall
specifically be identified as third patty be• 1 curies of this restriction,and shall have the
right under the Protective Covenants to -.. • this restriction.
7. Lot Width. Lots 1-15 inclusive as l •Wn .t;the Plan adjoining Northfields and
Westmoreland Subdivisions shall • at = 'equal in width to the rear lot lines of the lots
they abut in Northfields and W .1• . .• subdivisions as shown on the Plan.
8. pedestrian Paths. Owners agrees to ico• • ct with each phase of development asphalt-
paved pedestrian paths four(4)feet in wi. . on one side of roads A,B,C(to road D),D
(to road F),F,and G,and for two(21 pedes•;': • access easements to the Open Space.
Said roads are shown on the Plan. Owners ' construct the asphalt-paved pedestrian
paths from road A to Carrsbrook Drive .I• . . orthfields Road provided the Virginia
Department of Transportation(1 T") = t •ves the paths to be constructed within the
road rights-of-way.1110 I�
9. aground Utility Lines. Except or j • non boxes,meters and existing overhead
utility lines and wetlands,if any,all ' ity nes,to the extent reasonably practical,shall
be undergrotuui.
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10. Chimpevs. No chimneys or gas veunits = I be cantilevered. The exposed portions of
all fireplace chimneys shall be brick of a 's�t''ding similar to the exterior treatment of the
residence. This Proffer shall not appy to . vent gas fireplaces or appliances. The
exposed bases of all chimneys shall,e of .?same material as the residence foundation.
11. Foundptions. Theexposed exterior * rti• • !
�O �f exterior residence foundations shall be
constructed of brick or natural stone;lIpro '•Id,however,the exposed portions of exterior
residence foundations may be consmtctt d • drivit or stucco if applied to a masonry
surface,provided that the exterior walls of t�ch residence are primarily of drivit or
stucco.
12, Residence Parking. Each residence iall -Ire a two-(2)car garage, •
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13. jtecreation Alen. The proposed eatio' areas as shown on the Plan shall be
completed no later than the completi n of second phase of development.
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Tra c Sigma. Owners shall,upon Britten c• -t therefor,contribute ten thousand two
• 14.
hundred dollars($10,200.00)toward the • of the traffic signal installed at the
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intersection of Rio Road and Old B ' •. Payment will be made at the time of final
approval of the first phase subdivisi n • J
15. Pavement Striping. Owners shall int. •ye • geometries of lanes by adding additional
pavement markings within the exist• •f-way at the intersections of Old Brook
Road and Carrsbrook Drive,Rio • • • and •,d Brook Road,Rio Road and Northflelds
Road and Rio Road and Huntington!' • • .• • will provide additional pavement markings
on Old Brook Road to create two(2 out Z and one(1)receiving lane,all as
recommended in that letter from VD• to 7 .Bill Fritz,Department of Planning and •
Community Development dated 5, 19' Owners will complete these pavement
markings to the satisfaction of • • I pri• final plat approval of the one-hundredth
(100th)lot in the project. This Prof* • i. , •t be constzved to require Owners to
provide additional right-of-way or ving •d • of the roads where said striping will be
provided
16. Phasing Plan. No more than forty( )resi• •tial certificates of occupancy("C.O.'s")
shall be requested in any twelve(12 corse i 've months period following the final
approval of the preliminary subdi ' on p Such calculation shall be made on a
cumulative basis so that any lesser n er •• C.O.'s in any such period may be carried
over and added to the number of C. .'s • Iii'tied in any subsequent period or periods.
17. Cash Payment. Owners shall make cash • •. -•t to the County for facility
improvements and impacts related the -.I.ential development requested herein within l
the service district for the Property al desi: . : ed by the Capital Improvement Program
for schools which serve the Rio Mag •': 'istrict. The amount of such payment shall
be equal to one thousand dollars($1, 00.1 9 per single family house lot. Such payment
shall be due at the time of final plat v •n a sectionby-section basis for the number
of residential lots included in such p If; ' : •y time it is determined by the County that
any of such fields are not required f such • . ••seri or if any of such funds are not
expended for the purposes design -. by , '. apital Improvement Program within ten
(10)years from the date of payment, • • ss shall be distributed to the Albemarle
County School Board for capital , • p •• anywhere in the County.
18. Playing Field. In order to reduce the' .. •: •f the development on the Parks and
Recreation Department,the appro .•, :• ly • -five(55)acres of open area shall be
developed at a minimum for an all-• ••se • ying field no less than a regulation-size
soccer field for the use of residents o Still = • •ws and their guests as shown on the
Plan no later than the completion of •. see. • • phase of development and shall be
maintained by the Homeowners As •« ti•�. '• •vided for in the Protective Covenants.
1.
19. Number of Lou. Notwithstanding num i-,, of lots shown on the Plan,no more than
one hundred thirty-five(135)lots be • I. loped on the Property.
20. Perms. An undulating.landscaped, • •.. between three(3)feet and six(6)feet
in height shall be developed along rear •i ots 128 through 135,inclusive,and Lots
P e5 , 1
145 through 154,inclusive,to provide pri y and screening for the residents of such
lots.
21. Exterior Lighting at Recreation Areas. Anexterior lighting fixtures at the Recreation
Areas shall not exceed twenty(20)feet in eight as measured from the grade at the base
of the lighting standard,shall be produced • •m concealed sources of light(i.e., shoe box
type),and shall not exceed one-half(1/2) "• candle at the boundaries of the Property.
22. Severance. The unenforceability, ..'. - ' . . revision or amendment of any Proffer set
forth herein,in whole or in part,shall not ect the validity or enforceability of the other •
proffers or the unaffected part of any such . •ffer.
23. Signatory. These Proffers shall run with . Property and each reference to Owners
within these Proffers shall mean the then c t owner of the Property or portion thereof
and shall be binding upon,Owners' succe or(s)in interest and/or the developer of the
Property or any portion of the Property.
24. Homeowners Association. Carrsbrook,W• "• oreland and Northfields Subdivisions shall
be entitled to appoint one voting member ' •m each subdivision to serve on the Board of
Directors of the Still Meadows Homes . Association provided for in the Protective
Covenants so long as there is any undevelo. lot in Still Meadows Subdivision.
25. Participation in'raffle Calming Measpres. Owners shall participate with Carrsbrook,
gib Westmoreland and Northfields Subdivisio.= in seeking assistance from the County and
VDOT in implementing traffic calming .• ores in the immediate area including,but not
limited to,Carrsbrook Drive,Old Brook • 'ad,Westmoreland Road,Northfields Road
and Huntington Road, Traffic calming me= s may include,but are not limited to,
seeking the reduction of speed limits,estab ' • a•ent of four-way stops,increased
surveillance and ticketing by police. Such .articipation shall include paying for the cost
of four-way stop signs upon thirty(30)da prior written notice by the County to do so,
within three(3)years from the acceptance •f these Proffers by the Board,if such four-
way stop signs are required as part of the trc calming measures and are not paid for by
VDOT.
26. Alternate Access Owners agree to use re- =nable efforts to purchase sufficient right-of-
way from Clarence Wetzel and the house : • • lot from the owner of the property located
at the terminus of Westmoreland Road to ommodate the relocation of the proposed
entrance from Carrsbrook Drive to its inter tion with Westmoreland Road,provided
said properties can be obtained at comrperc : ly reasonable prices and all required
governmental and legal approvals can be o ••ed for such relocation. No assurance can
or is given that such properties can be obtai • or that such entrance can be relocated.
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Witness the following signature and seal:
CRESCENT DEVELOPMENT GROUP,L.L.C.
By: La k5 •
Scott A.Williams,Maier
OWE L.FITZGERALD,JR.and FLORENCE L.
FITZGERALD
By: 9 . 100/.0.E7
Scott A.Williams,Their Attorney-in-Fact
STILL MEADOW LAND TRUST
By: 21 * A. L .cJ�•
) L •
Scott A.Williams,Its Attorney-in-Fact
JANE WILLIAMSON
By: 9dAtt."-A . L)A JL •
Scott A.Williams,Her Attorney-in-Fact
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE,to-wit•.
The foregoing instrument was acknowledged before me on this 2744k--)day of
Cebru.a vA , 1998,by Scott A.Williams in his capacity as Manager of Crescent Development
Group,L. C. and as Attorney-in-Fact for 011ie L.Fitzgerald,Jr.,Florence L.Fitzgerald and Still
Meadow Land Trust and Jane Williamson. •
My commission expires: 61,• "Q- U1n,u,
Not* 411)
Public �/
#50642.20507,01061
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