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Home My WebLink AboutZMA199800013 Action Letter ...~.-.,. ._. _.I,'. =---. ~' L·.'.~~,\?"- . COUNTY OF ALBEMARLE Dept. of Planning & Communiry Development 401 McIntire Road Charlottesville. Virginia 22902-4596 (804) 296·5823 ~, !: June 15, 1999 Don.Franco The Kessler Groiup P 0 Bo x5207 Charlottesville, V A 22901 RE: ZNf.A.-98-13 Springridge PRD Tax Map 46, Parcel 35 Dear Mr. Franco: :<i!I ... Albemarle County Board of Supervisors, at its meeting on May 12, 1999, unanimously WI~r.oved petition. Please note that this approval is subject to the proffers dated May 5, 1999, and amended by the applicant at the Board of Supervisors meeting on May 12, 1999, signed by Stephen N. Runkle (copy attached). If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, ~~~f::~ Director of Planning ~nity Development VWC/jcf Cc: Amelia McCulley Jack Kelsey T ex Weaver Steve ..:\llshouse . ~~. . . ~. Amended Proffer X (Amendment # 4') Date: 5/5/99 PROFFER FORM ZMA # 98-13 Tax Map Parcel(s) # 46-35 - -- -- .... _7..~_ Acres to be rezoned from R-1/RA to PRD in a.ccordance with Application Plan dated 10/7/98 and General and Specific Conditions dated 5/5/99. . Pursua.nt to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or Its duly ~uthonzed agent, hereby voluntarily proffers the conditions listed below which shall be applied to th~ prope~~, if rezoned. These conditions are proffered as a part of the requeste~ :ezomng and It IS agreed that: (1) the rezoning itself gives rise to the need for the conditIons; and (2) such conditions have a reasonable relation to the rezoning requested. . . 1. Maximum Number of Dwellinq Units: The fifty (50) acres west of Powell Creek shall be developed with not more than one hundred thirty-five (135) total dwelling units. The unit mix may include only the following types of dwellings: single family detached units, single family attached units, and townhouse units as referenced in the General and Specific Conditions as shown on "The Application PlanB. A. If the dwelling units are exclusively single family detached units, then not more than one hundred (100) dwelling units shall be developed. B. The purpose of this proffer is to conform to the Comprehensive Plan's recommendation for new development within an existing subdivision. . 2. Common Area Open Space: The twenty-five (25) acres east of Powell Creek, as shown on the Application Plan, shall be designated as common area open space to be privately owned and regulated under Section 4.7 of the Zoning Ordinance in effect on May 12, 1999, a copy of which is attached to these proffers. A. The area shall be maintained in its natural state except for the installation of public utilities, stormwater management devices and erosion control measures, and other associated infrastructure for the development, such as footbridges. walking trails, and the like. B. The purpose of this proffer is to conform to the Comprehensive Plan's objectives to provide active/passive recreation areas and to provide a buffer between the Development Area and the adjacent Rural Area. 3. Cash Contribution for Off-Site Improvements: The owner will contribute . one hundred thousand dollars ($100,000) to an escrow fund to be established by the County of Albemarle (the "County") for any of the following items: (1) installation of traffic calming measures, such as, but not limited to speed humps, traffic circles, and raised intersections, along Powell Creek Drive and Timberwood Parkway betwßen their intersections with Ashwood Boulevard and Cove Pointe Road; (2) construction of road improvements along the same section of road, such as, but not limited to realignment of intersections, road widening, turn lanes, and pavement overlays; or (3) any other projects from the County's list of capital improvement projects within the Hollymead Community and mutually agreeable by both the County and the owner. A B. 4. Payment for the off-site improvements will be as follows: fifty thousand dollars ($50,000) will be contributed at the time of closing for the first residential lot and an additional one thousand dollars ($1,000) for each residential lot will be contributed at the time of closing for each of the first fifty (50) residential lots for a total contribution of $100,000. This proffer shall have no force or effect if the owner constructs the "V' Connection described in Proffer 5. Construction of Public Road Over Lake Hollvmead Dam: The owner shall construct a two lane, twenty-four (24) foot-wide rural section road shall be constructed to VDOT standards for a projected traffic volume of up to four thousand (4000) ADT, from the end of state maintenance for the north em terminus of Powell Creek Drive across the Hollymead Dam to the southem terminus of Timberwood Parkway. The value of the road described herein is estimated to be one hundred seventy thousand dollars ($170,000). . A. . e.. i6\}U ~ :::::; ~ 1 -1 \P Q~ ~ ~~ .. . 1 - \ ~\ Notwl~~V\dl~.~ ttboV~ I. lL ~tVaTt '('oM ~ ~ ~ be CI)I\~krt.l~ II.cc:bss -1U &1"1\. 'ÏMcÁ'\ /'(Iud <;; 0 ;~^.I~eJp'~\l :~~~:~~~~,~:~\~~. ~.~..;.k~ ,....J The public road shall be built or bonded as part of the first final subdivision plat for the Springridge development B. The public road right-of-way shall be the 120 foot wide strip of land shown on the Application Plan. C. This proffer shall have no force or effect if: (1) the County does not agree to accept ownership of the 120 foot wide strip of land and the maintenance responsibilities for the Hollymead Dam and provide guarantee of the Hollymead Dam sufficient for acceptance of the road by VDOT; or (2) the ..V" Connection described in Proffer 5 is constructed. D. The purpose of this proffer is to conform to the Comprehensive Plan's recommendation to interconnect neighborhoods. ~ .~ ....- c ~ ~ ~ ~ C) - ~ i: ~ ~ } ,J ~ ~ ~~ ~ .- ~ t~ ~ c ~~ '11 . ~ ~ ~ 5. le "J -e ~e Construction of "V' Connection Road as Alternative to Road Over Lake Hollvmead Dam: The owner shall aggressively pursue the acquisition of land for right-of-way and easements necessary from the Forest lakes Community Association to construct a road from the southern terminus of Timberwood Parkway into the Springridge parcel. This road shall be called the .V" Connection. . A The "V" Connection shall be an alternative to the road over the lake Hollymead dam described in Proffer 4. 8. If the owner acquires the necessary land for right-of-way and easements, it shall prepare preliminary engineering plans from which a cost estimate will be made for construction of the "V" Connection. The engineering plans and cost estimates will be provided to the County for evaluation. If the cost estimate, including the cost of acquiring land and easements, exceeds two hundred seventy thousand dollars ($270,000), this proffer shall have no force or effect unless the County or another entity commits to provide the difference between the estimated cost of the "V" Connection and the two hundred seventy thousand dollars ($270,000) to be contributed by the owner (which shall be in lieu of the one hundred thousand dollar ($100,000) cash contribution described in Proffer 3 and the one hundred seventy thousand dollar ($170,000) estimated value of the Lake Hollymead Dam road described in Proffer 4). C. This proffer shall have no force or effect if the land for right-of-way and easements necessary to construct the "V" Connection is not acquired, the County evaluation of the preliminary engineering plans is not completed, or the source(s) for any additional funding requirements above the two hundred seventy thousand dollars ($270,000) detailed in Proffer 58 are not committed within ninety (90) days after acceptance of this proffer, unless an extension is agreed upon, in writing, by the owner, Forest lakes Community Association, and the County Board of Supervisors. D. The purpose of this proffer is to conform to the Comprehensive Plan's recommendation to interconnect neighborhoods. 3 6. Dedication of Land for Greenway and Establishment of Nature Trail: The ~- owner shall designate a strip of land at least one hundred (100) feet in . width along Powell Creek (the uGreenway"). The Greenway shall extend from the point where Powell Creek enters the property to where it exits the property. The owner also shall establish a nature trail along Powell Creek. The nature trail shall be established within the Greenway, and may be located on either side of Powell Creek, at the discretion of the owner. A The Greenway and the nature trail may be established at any time, but not later than the date the last final subdivision plat for the Springridge development is approved. B. The Greenway and the nature trail shall be designated for future dedication to the County on a final subdivision plat. C. Except as otherwise provided herein, the Greenway and the nature trail shall be conveyed in fee simple by deed to the County after the nature trail is constructed and is acceptable to the County. If the Greenway and nature trail are never used by the County for the purpose for which they were proffered, the County shall convey them to the owner of the common area open space described in Proffer 2. If the County amends its Comprehensive Plan so as to abandon the Greenway concept along the portion of Powell Creek .~ . described herein before the Greenway and nature trail are conveyed to the County, the owner shall retain the Greenway as common area open space described in Proffer 2. D. The purpose of this proffer is to conform to the Comprehensive Plan's recommendation to establish a greenway along Powell Creek. 7. Installation of Street Trees: The owner shall install and maintain street trees on both sides of the loop road shown on the Application Plan within the five (5) foot planting strip between the loop road and the sidewalk spaced approximately fifty (50) feet apart. A. The street trees shall be shown on the final road plans and bonded with road improvements. B. The installation of the street trees described herein is conditional upon the owner's ability, with the assistance of the County, to obtain approval from Virginia Department of Transportation (UVDOr) and the Albemarle County Service Authority (U ACSAU) to locate and install the street trees in either the public right-of-way or , . within utility easements adjacent to the public right-of-way. This proffer shall have no force or effect if the owner is unable to obtain 4 r-', · ""'--- · .... · the approval from VDOT and ACSA described herein prior to approval of the first final subdivision plat for the Springridge development. C. The purpose of this proffer is to conform to the Comprehensive Plan's recommendation that new developments include design elements. 8. Stream buffer. best manaoement practices: The owner shall establish the required stream buffer at the rear of the property lines, as shown generally on -The Application Plan-, for lots abutting Powell Creek. This proffer shall be interpreted to allow the stream buffer to be reduced to as little as fifty (50) feet, as provided in the Water Protection Ordinance, if approved by the Engineering Department. ~~k OR Signature of Attorney-in-Fact (Attach Proper Power of Attorney) PROFFORM.WPD Rev. December' 994 Stephen N. Runkle General Partner _ Forest Lakes' Asoociates Printed Names of All Owners Printed Name of Attorney-in-Fact 5/5/99 Date r--.----..----~--·-..-·---~------·~- r:,.. ~~§ª <ù J!~'1' ~~I'~ :>L 1) 2 ~~ Ul:?ld UO!1k?J! Iddy I I -I, I ~Il ~ I I I Ii I I Ii CO I~ ~ "-. I~ ~ ~ ìÏ ~1)~ J.H ~ ~/ >:cfÜ ~ ¿/1. -"-I '- .- - F.- ! i¡ R , I I ~~W1~Ä1f~~lT~~~,' .~I 1 - - ---~--~~--- --.-: lli -.-----,--_._----_.-. . l' -.---...-----.. --it~-- e<- > ''''iþ. % " ~ !.-- I '~1 - ~\ ¡ ~~.p ~ ~:.\i. :1\ \¡ ! *,\ i\ *\ t\ ¡.%\ :\ . *,\ -~I \ . ""I ,)..1 .. *\ ~I ¡ '\ '11(. L ~¡ ) :-1 '#j 'I :1 */ i *1 'I , . i.. I' \ ' / / / i :1':\ ,,{ >:~ /* \."7".;1. 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