HomeMy WebLinkAboutZMA199800024 Action Letter
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
May 27, 1999
Charles 1. Kieler
6551 Loisdale Court
Suite 900
Springfield, VA 22150
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RE: ZMA-98-24 Grayrock North, Tax Map 55, Parcel 65
Dear Mr. Kieler:
The Albemarle County Board of Supervisors, at its meeting on May 19, 1999, unanimously
approved the above-noted request to amend a portion (21 acres) of an approved Planned
Residential Development to reduce development potential from 70 townhouse units to 27
single-family detached dwellings. Please note thàt this approval is subject to the application plan
(attached) which limits development of the property.
.
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Sincerely,
~~~g
Director of Planning &
VWC/jcf
Cc:
Amelia McCulley
T ex Weaver
Robert & Ann Savage
Jack Kelsey
Steve Allshouse
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¡ATTACHMENT EI
PROFFER STATEMENT
FRIED COMPANIES, INC.
REZONING APPLICATION: #ZMA-97-12
February 18, 1998
Revised August 11, 1998
FRIED COMPANIES, INC. (the "Applicant") is the contract purchaser, and ROBERT
S. SAVAGE and ANN S. SAVAGE are the fee simple owners of that certain property
described in rezoning application #ZMA-97-12 as a portion of Tax Map Reference 55, Parcels
65 and 65A. The property subject to the rezoning application is only the 53.02 acres of the
total 74 acres contained in Tax Map Parcels 55- 65 and 65A, and at the time of the filing of
the application was zoned PRD under ZMA-84-29, also referred to as Jarman Gap Estates II,
PRD (the "Property"). The Applicant, Robert S., and Ann S. Savage hereby voluntarily
proffer that if the Property is rezoned by the Board of Supervisors of Albemarle County (the
"Board") to the R-4 Residential District ("R-4"), development of the Property shall be in
accordance with the following proffers pursuant to Section 15.2-2298 of the 1950 Code of
Virginia, as amended (the "Code"), and applicable portions of the Albemarle County Zoning
Ordinance (the "Ordinance").
If Applicant's Rezoning Application is denied, these proffers shall immediately
be null and void and of no further force or effect. All of these proffers are offered voluntarily
pursuant to the Ordinance and relevant sections of the Code. The proffers herein shall not be
interpreted to authorize any person to apply lesser standards than those contained in any: (i)
state statutory, regulatory or code minimum standards, or (ii) County ordinance or regulation,
including the Ordinance. These proffers shall supersede all other proffers made prior to this
date, including those proffers made by Applicant in ZMA-84-29, but only to the extent that
such prior proffers affect the Property.
I. DENSITY
No more than 127 single family, detached dwellings will be constructed on the
Property .
II. ROAD IMPROVEMENTS
2.1 Dedication. As a condition of plat approval for the first section of the
subdivision, Applicant shall dedicate along the entire southern boundary of the Property, an
area of land for widening State Route 691 (Jarmans Gap Road) not to exceed 30' to the
centerline of the existing pavement. Applicant shall grant easements for temporary
construction of improvements to State Route 691, as needed.
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ATTACHMENT E/
2.2 Road Improvements. Access shall be restricted to an internal public road
network to be designed and constructed in accordance with the Virginia Department of
Transportation Subdivision Street Standards in effect at the time of subdivision plat approval.
As a condition of plat approval for the fIrst section of the subdivision, Applicant shall
construct as a single improvement, a 100 foot right turn lane and 100 foot taper for westbound
right turn movement into the Property on State Route 691. As a condition of plat approval for
the section of the subdivision containing proposed Lots 67 and 68, and until such time as the
property subject to ZMA-84-29 ("Northern Tract") is developed, Applicant shall provide an
emergency access easement to State Route 691 in the area between Lots 67 and 68 shown on
the attached Conceptual Plan dated May 28, 1998 prepared by Dewberry & Davis (the
"Conceptual Plan"). At such time as the Northern Tract is developed, Applicant, or the
developer of the Northern Tract will provide a gated access (gravel drive) for emergency
vehicles through the Northern Tract to State Route 684.
2.3 Disposition of Dedicated Property. In the event any of the property dedicated
pursuant to proffer 2.1 is not used for the purpose for which it is proffered, with such use
being undertaken within twenty (20) years of receipt of the property by the County, then the
property shall be conveyed as common open space to the Association (defIned in 5.5(a)
below).
2.4_ State Route 691 Contributions. The Applicant shall participate in the
improvement of State Route 691 by paying to the County a sum calculated at the rate of
$500.00 per residential building lot platted within the Property after the date of the rezoning in
accordance with the ZMA 97-12 application. The $500.00 payment shall be made at the time
of recordation of the record plat or plats, for each lot for the subdivision, or phases of the
subdivision to be developed on the Property. In the event that the $500.00 contributions,
after they are received by the County, are not used, within 20 years after recordation of a plat
of the 127th lot, then the contributions may be used by the County for any other road
improvements serving the Crozet area, deemed by the Board as at least in part being necessary
by the proposed development on the Property.
2.5 Inter-Parcel Access. The Applicant shall reserve a 50 foot right-of-way for a
future street to provide inter-parcel access to the adjoining parcel to the east of the Property,
known as the Bargamin tract (Tax Map 55, Parcels 66, and 66A). The location of the
reserved area for inter-parcel connection shall be between Lots 9 and 10, as shown on the
Conceptual Plan. At such time as the Bargamin tract is developed with a connecting road
between Lots 9 and 10, Applicant will construct and dedicate the street on Applicant's
Property, and the remaining acreage, if any, within the area between Lots 9 and 10 shall
accrue to the adjoining lots. In the event that the area reserved for a street is not used for the
purpose for which it is hereby proffered within seven (7) years from the date of approval of
ZMA-97-12, then such reservation shall be released and the Applicant then may use the area
between Lots 9 and 10 for a building lot (notwithstanding the density limitation contained in
Article I above) or at Applicant's option, such area may accrue to the adjoining lots.
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I ATTACHMENT E ,
III. RECREATIONAL AND BUFFER AREAS
3.1 Recreational Areas: Walking/Jogging Trails. Applicant, or the Association,
(defined in 5.5(a) below) shall manage the ponds, and shall establish and maintain recreational
improvements and picnic areas in the open space areas adjacent to the ponds, as shown on the
Conceptual Plan, for use by homeowners within the Property. Except as specifically set forth
herein, the recreational and picnic improvements to be constructed within the open space areas
shall be constructed as a condition of the platting of the sixty-third (63rd) lot within the
Property (50% of the lots to be developed). Applicant shall construct a tot lot and basketball
court in the areas indicated 9J}" the Conceptual PIan and shall construct an additional tot lot on
the area designated Lot )Rf óh~the Conceptual Plan. The two tot lots shall contain the
equipment required by Section 4.16.2.1 of the Ordinance. The basketball court shall conform
to the specifications of Section 4.16.2.2 of the Ordinance. Applicant shall establish a
walking/jogging trail through the wooded area and along the ponds, as shown on the
Conceptual Plan. The surface of the walking/jogging trail shall consist of wood chips, and
tree clearing shall be kept to a minimum. Applicant shall construct a picnic shelter in the area
shown on the Conceptual Plan. The open space, tot lot, basketball court, picnic shelter and
walking trail located in the area of the ponds as shown on the attached Conceptual Plan shall
also be for the mutual benefit of the residents in the development on the Northern Tract. In
order to provide access to the open space and recreation areas, Applicant shall install at least
one (1) pedestrian access at a grade of not greater than 10 % .
3.2 Buffer Area Easement. As a condition of plat approval for the first section of
the subdivision, Applicant shall establish a 50' Buffer Area along the western boundary of the
Property, as depicted on the Conceptual Plan. Applicant shall plant within the 50' Buffer Area
50 shade trees (the equivalent of 1 tree for every 40 linear feet of Buffer Area). The trees to
be planted within the Buffer Area will be spaced and grouped to take advantage of, and to
supplement existing vegetation. Trees will be chosen from VDOT's major tree listing. Trees
will be 2- 2-1/2" caliper at the time of planting. The 50' Buffer Area shall consist of 30' of
dedicated open space to the Association and a 20' easement which shall run to the benefit of
the Association and shall be enforced by th~ Association, as provided by the Declaration. The
trees proffered herein shall be planted in the area dedicated to the Association. The 50' Buffer
Area shall be maintained by the Association and by the owners of the lots encumbered by the
easement in a natural state, and shall not be disturbed other than to: i) construct fences or
walls, approved by the Association, ii) remove underbrush, or iii) plant landscaping trees for
screening.
3.3 Landscaping: Utilities. As a condition of pI at approval for the first section of
the subdivision, Applicant, or the Association shall maintain and replace as necessary, outside
the 30' area to be dedicated for improvements to Jarmans Gap Road, (State Route 691) tree
screening along J armans Gap Road for the length of the subdivision (except for the entrance
area). Except in the areas where either the cuI de sacs shown on the Conceptual Plan
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[ATTACHMENT ~
terminate near Jarmans Gap Road, or near the joining of Lots 80 and 84, Lots 84 and 85, and
Lots 88 and 89, in which street trees will be provided, the screening shall consist of double
staggered rows of evergreen trees planted fifteen (15) feet on-center, in accordance with
Section 32.7.9.8.4 of the Ordinance and shall be located within a permanent open space area
20 I in width (measured from the edged of the State Route 691 dedication). The 20 I open
space area along State Route 691 shall be maintained by the Association, and may include
stormwater management BMPs. Applicant also shall plant street trees along the internal road
system, at 40 foot intervals, (staggered, on both sides of the roads) as sections of the
subdivision are platted. Street trees shall be maintained and replaced as necessary, by the
Applicant, or the Association and shall be from species approved by the County in accordance
with applicable Ordinances. All utilities installed within the Property shall be underground.
3.4 Walking Trail: Sidewalks: Greenway Corridor. Applicant shall install a walking
trail along the internal loop road (and connecting to the interior road and cuI de sacs, as shown
on the Conceptual Plan). The surface of the internal walking trail shall consist of asphalt, and
shall be maintained by the Association. The internal walking trail shall be a minimum of 6' in
width and may be located within the area dedicated for internal streets. The internal walking
trail shall be installed as each section of the subdivision containing that portion of the internal
walking trail is platted. If the County Department of Planning and Community Development
recommends pursuant to approval of the first preliminary plat for the subdivision that
sidewalks be provided on both sides of the street, Applicant shall substitute 4 I wide sidewalks
for the 6' wide walking trail. At such time as the Board of Supervisors approves of a plan for
a greenway, or hiking/biking system connecting Jarmans Gap Estates, Gray Rock, Orchard
Acres and downtown Crozet, Applicant shall dedicate the walking/jogging trail along the area
of the ponds, described in 3.1 above for use within such a trail system or greenway.
3.5 Stormwater Management Plan. As a condition of plat approval for the first section
of the subdivision, Applicant shall develop a stormwater management plan which incorporates
best management practices that, to the extent practicable with the lot and street layout,
minimizes pollution to the tributary of Powell's Creek and to Lickinghole Creek. Such plan
shall be approved by the Department of Engineering and may include utilizing the existing
ponds in their present, natural state, retaini.ng open space, and grass-lined swales along interior
streets. This proffer is in addition to the required contribution for the regional stormwater
retention under the Ordinance.
IV NORTHERN TRACT
The area depicted on the attached Schematic Plan for Grayrock North, prepared by
Muncaster Engineering, dated June 3, 1998 ("Schematic Plan") is subject to zoning under
ZMA-84-29, ("Northern Tract"). The Northern Tract is currently zoned PRD to allow 70
townhouse units. Applicant proffers to reduce the permitted density on the Northern Tract
from 70 townhouse units to a maximum of 27 single family, detached units and to submit a
rezoning request for the reduction of permitted density thereon to 27 single family, detached
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¡ATTACHMENT EI
units. Applic:ant shall submit such rezoning request within six (6) months of the approval of
ZMA-97-12. Applicant acknowledges that its submittal of such rezoning request shall be for
the consideration by the Board of Supervisors and that the Board's acceptance of these proffers
shall in no way be construed as the Board's pre-approval of such request. Applicant shall
diligently pursue the rezoning request (under either a PRD or R-1 classification). If Applicant
diligently pursues the rezoning of the Northern Tract as provided herein, and such rezoning is
denied, this proffer shall have been deemed satisfied and Applicant shall be free to develop the
Northern Tract under the existing zoning. If the Applicant fails to submit its rezoning request
or fails to pursue the application diligently, then the Applicant shall be deemed in violation of
these proffers, and the County may exercise all available remedies at law or in equity against
the Applicant and the Property, including but not limited to the suspension of issuance of
building and other permits for the development of the Property until the applicant is in
compliance with such proffers. Applicant shall submit as part of its re-zoning application for
the Northern Tract, a proffer that the development of the Northern Tract shall be in general
accord with the Schematic Plan, subject to adjustments for final engineering and to comply
with the requirements of the Albemarle County Subdivision Ordinance and Virginia
Department of Transportation Subdivision Street Standards.
V OWNERS ASSOCIATION AND DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
5.1 Declaration. The Applicant shall prepare and place on the Property, a
Declaration of Covenants, Conditions and Restrictions (the "Declaration"). The Declaration's
purpose will be to facilitate the planning and development of the Property in a unified and
consistent manner. The Declaration shall set forth covenants, conditions and restrictions for
private enforcement only by homeowners within the Property. The clear intent of the
Declaration will be that the County of Albemarle will have no rights or obligations to enforce
such covenants, conditions and restrictions. The Declaration shall not be interpreted as
authorizing any relaxation of state or Albemarle County regulatory or minimum code
standards, except as allowed by the regulations of the Ordinance.
5.2 Design Standards. The Declaration shall impose design and architectural
guidelines for each residential lot within the Property; the architectural and design standards
for the respective development areas (the "Design Guidelines ") will ensure high quality
architectural and landscape design and a harmonious residential community.
5.3 Fixed Standards.
(a) The following elements of the Design Guidelines shall be referenced in
the Declaration:
(i) Types of materials to be used in construction of dwellings;
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¡ATTACHMENT E
(ii)
Required setbacks from properties adjacent to the Property,
lot/building ratios, height restrictions; and
(iii)
Types of materials to be used and standards for landscaping.
5.4 Design Guidelines. The Design Guidelines also shall:
(a) Provide the standards for development within the Project and explain
how such standards are implemented;
(b) Provide for creation of a Design Review Committee. (The County of
Albemarle will not participate on such Design Review Committee. The
Design Guidelines shall not be interpreted as supplanting any applicable
design review by the County's Architectural Review Board);
(c) Provide an outline of the procedures and contacts for approvals by the
Design Review Committee in connection with design and construction
within the Project; and
(d) Include requirements for builders to install water low flow showers
and toilets as water conservation techniques.
5.5 Maintenance of Landscaping. Open Space and Common Areas. The
Declaration shall provide a mechanism for establishing and maintaining landscaping, open
space, (including open space, and landscaping required by these proffers) and common areas
within the Property, including the following:
(a) The Applicant shall organize a Home Owners Association (the
"Association") as a non-stock organization under the laws of Virginia for
the care and maintenance of all such lands and improvements owned or
entrusted to such association (the "Common Areas").
(b) The Association shall be bound by the Declaration's covenants,
conditions and restrictions running with the land. The Applicant or such
Association shall be responsible for the perpetuation, maintenance and
function of all Common Areas.
(c) The Applicant or such Association shall provide a means for identifying
Common Areas as to location, size, use and control in one or more
restrictive covenants, and such covenants shall set forth the method of
assessment for the maintenance of such Common Areas. The
Declaration's method of identifying Common Areas shall not supersede
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I ATTACHMENT E I
any applicable requirements to identify common areas in a site
development plan or subdivision plat.
(d) The Declaration shall be in full force and effect for a period of not less
than twenty-five (25) years and shall be automatically extended for
successive periods of twenty-five (25) years unless terminated in a
manner set forth in the Declaration.
(e) The Association shall continue in effect so as to control the availability
of the facilities and land thereby provided and to maintain the Common
Areas for their intended function. Such Association shall not be
dissolved nor shall such Association dispose of any Common Area
space, by sale or otherwise, èxcept to successor organizations conceived
and organized under the same standards and principles set forth herein
for the Association to own and maintain the Common Areas.
VI. REZONING APPLICATION AND ILLUSTRATIONS
6.1 Plans and Illustrations. Applicant presented as part of its Rezoning Application,
an initial conceptual plan. Except for the Conceptual Plan attached to these proffers, any plan
submitted as part of Applicant s rezoning application, or as part of the rezoning process shall
be deemed illustrative only, and such plan shall not be deemed a proffer.
6.2 Conceptual Plan Exhibit. These proffers refer to the Conceptual Plan which is
being used to illustrate certain proffers, and to show the general lot and internal street
configuration. Subject to adjustments for [mal engineering and to comply with the
requirements of the Albemarle County Subdivision Ordinance and Virginia Department of
Transportation Subdivision Street Standards, development of the Property shall be in general
accord with the Conceptual Plan. House locations shown on the Conceptual Plan are for
illustrative purposes only.
VII. MISCELLANEOUS
7.1 Certificate. The undersigned, Robert S. Savage, and Ann S. Savage certify that
they are the only owners of the Property which is the subject of this application.
7.2 The Applicant. These proffers shall run with the Property and each reference to
the "Applicant" within these proffers shall include within its meaning, and shall be binding
upon, Applicant's successor(s) in interest and/or the developer(s) of the Property or any
portion of the Property.
FRIED COMPANIES, INC.
By: 3\tr1~B
7
I ATTACHMENT EI
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. ROBERT S. SAVAGE .
(3,,", (ì ...<rA C4..0' i<...;¿ l
ANN S. SAVAGE r
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