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Home My WebLink AboutZMA199800001 Action Letter ~ ~ r ..-.--- I . V \ I l.,..oo'" V- COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville. Virginia 22902-4596 (804) 296-5823 May 28, 1998 Hunter E. Craig Hunter E. Craig Company POBox 6156 Charlottesville, VA 22906 ill D\ to'{'ftt\ RE: ZM.~-98-~\Vestern Ridge Phase II Tax Map 56, Parcel 93 (part of) Dear Mr. Craig: The Albemarle County Board of Supervisors, at its May 13, 1998 meeting, approved the above- noted request to rezone approximately 14.5 acres ITom S',-4 with proffers to Planned Residential Development. Please note that this approval is subject to the attached proffers dated May 11, 1998, and signed by Hunter. E. Craig. If you have any questions or comments regarding this action, please do not hesitate to contact me. í.. -' velopment v\YC/jcf cc: Amelia McCulley Jack Kelsey BOARD OF SUPERVISúl,$ Original Prorrer . Amended Prorrer - (Amendment # ) .. PROFFER FORM , SS·-¡I·Ql Tax Map Parcel(s) # 5(,,£ . '8LC?Ct, Y¡QR.CÆL A. ." , . . (Po€ÏJo-J) /4. >" Acres to be rezoned from 1<4 Lo 'Pæl;> ZMA # qð',O! Pursuanllo. S.eclion 33.3 of Lhe Albemarle Counly Zoning Ordinance, the owner, or ils duly authorized agent, hereby volunlarily proffers lhe condilions lisled below which shall be. applied lo the properly, if rezoned. These conditions are proffered as a parl of lhe requested rezoning and il is agreed Lhat: (1) lhe rezoning ilself gives rise Lo Lhe need for Lhe condilions; and (2) such condilions have a reasonable relation Lo Lhe rezoning requesled. See allachcù "Weslern Riugc Phase 2 ProBers" daleù May 11, 1998. e· "" r' I .- ( P¡:~T./,"-Q..) /.þJ~~. U241/4 Prinled Names of All Owners 5". II. q.f Dale OR . Signa lure of Allorney-in-Fact (Attach Proper Power of AlIorney) '") Prinled Name of Attorney-in-Fact " rnoFForu.lwro Hc·,. [)c~clllbcr I g9·1 'VEST£~ _~"( H.IDGE PI-lASE 2 PR01_ ßRS May 11, 1998 Irtþ . . The following proffers (1-4, 6-9 & 11) are the same as proffered and approved by the Albemarle Board of Supervisors for ZMA 94-14 on March 20, 1995. 2. ,. . 1. Owner will reserve a 110 foot strip of land in the approximate location shown on the Plan as "proposed Crozet Route 240/250 Connector," (the "Reserved ~ea") and will dedicate the Reserved Area to public use without compensation at such time as the County of Albemarle or the Virginia Department of Transportation (VDoT) has acquired the balance of the right-of-way required to build the proposed Crazet Route 240/250 connector road utilizing the Reserved Area. Reservation of the Reserved Area shall not be deemed to prohibit owner, successors, and assigns from construction a vehicular access at grade· across the Reselved Area suflìcient to permit the full development and use of the adjacent parcel labeled "INDUSTRIAL SERVICE" on the Plan. Reservation of the Reserved Area shall not be deemed to prohibit owner from construction a two-lane road in the Reserved Area in a manner which would not interfere with future construction of the connector road, or making other temporary use of the Reserved Area not inconsistent with such 'construction, as determined by VDoT amlthcn-existing COllnty ordinances. No residential driveways will access directly onto the 110 foot right-of-way. Owner will construct a soccer field in the approximate location shown on the Plan. Owner may provide recreational facilities in lieu of soccer field at owner's option, subject to administrative approval of the County of Albemarle Planning Department. (As of March 4, 1998, this proffer is ·completed). 3. Owner will clean and repaint (interior and exterior, excluding attic) the existing two-story residence building on the property, and place all heating, electrical and plumbing systems therein in, good working order, trim shrubbery and clean up the yard, and convey such building to~the Homeowner's Association for use as a clubhouse, to be operated and maintained by the Homeowner's Association. The two-story hOllse may be used as a sales center/clubhouse until all lots are ~old. (As of March 4, 1998, this proffer is completed). 4. Owner will reserve an average ora 50-foot wide greenbelt along each side of the stream in the area identified as "GREENBELT" on the Plan, to the extent that the greenbelt would be within the boundaries of the property. No buildings shall be constructed or erected within the greenbelt without the consent of Albemarle County and it shall be preserved ÍIJ its natural state except for the building of pedestrian trails and general beautification including, but not limited to, the clearing of underbrush, removal of dead trees and shrubs .' planting of trees and shll.lbs, cleanup of the stream and use for utilization for stream· crossing for pedestrian or vehicular access in accòrdance with VDoT standards to adjacent propenies. Owner dos not profTer to maintain the greenbelt, and may convey the greenbelt to the Homeowners Association subject to the reservation set forth herein. The proffer shall not be interpreted to prohibit the location of utilities and easements therefore in the greenbelt. The reservation of the greenbelt will provide that at such time as the \VESrl A.JH.N RIDGE PlIASE 2 PI~L _ l~ERS May II, 1998 . County of Albemarle commits to establish and maintain a public area, park or pathway, and assumes responsibility for maintenance thereof, the greenbelt area, upon request of Albemarle County, will be dedicated by owner of its successors to the County, subject to the right of use for pedestrian trails by residents living on the property and subject to the right to cross the greenbelt for vehicular access and underground utilities and easements by owner or its successors. ~ 5. Development within the Western Ridge development will be limited to a maximum of277 single-family attached and detached dwelling units on the property. The attached and detached units will be located approximately in the areas shown on the Plan. The number of units permitted in the area of Tax Map 5GE, Block 1, Parcel A shall be limited to a maximum of 199 units. 6. Internal roads on the property will be located approximately as shown on the Plan. Additional internal roads will be locatcd pursuant to normal subdivision review. 7. Owner will plant at such time "Proposed Crozet Route 240/250 Connector" is built, or' before, two rows of white pine trees 15 feet on center (four feet to five feet tall) along the east side of the "Proposed Crozet Route 240/250 Connector" 110 foot "right-of-way," which is contiguous with single-family attached or detached as is shown on the Plan. .8. The reservation set forth in paragraph one above and the possibility that a four lane road will be constructed within the Reserved Area shall be clearly disclosed in the subdivision covenants and restrictions and on the subdivision plat for all lots adjacent to the Reserved Area, ~ 9. OWl)e~will develop the property to accommodate a minimum of230 units, when combined with any units included in the existing Western Ridge subdivision.. 10. The setbacks within the area shown as Phase 2 on a plan titled "Western Ridge" prepared by Muncaster Engineering and last revised 2/[3/98 shall be: a. Front: 20 feet except that the front yard may be reduced to 10 feet for attached garages for a maximum lineal distance of28 feet.provided tha~ thcrc shall bc nO' openings e:~cept for garage doors in an)' exterior wall of the cRclosed structure parallel to the street between 20 feet and 10 feet from the front lot linc. b. Side: 10 feet except that the side yard may be reduced to zero (O) feet on one side in accord with the following provisions: I. All such structures for which separation and/or side yards are reduced shall be constructed in accordance with the current edition of the Virginia Uniform Statewide Building Code; ~ . 2 r¡ ,. . \'V ß~ ... .h.l'! l~.lU u.c- r rl1-\"L:)c. ~ r I'\.\ May 11, 1998 .1.' ßl'\.i:) 2. In the case of yard reduction, the Albemarle County fire official may require such guarantee as deemed necessary to insure compliance with the provisions of this proffer, inclusive but not limited to deed restriction disclosures, and other such instruments and the recordation of the same in the office of the clerk of the circuit court of the county; No structures shall encroach on any emergency accessway as may be required by the Albemarle County fire official; No structures shall encroach on any utility, drainage or other easement, nor any feature required by the zoning ordinance; The wall of the dwelling unit, parallel to the zero lot line, located within 3 feet of the lot line shall have no window~, doors, or any other type of openings unless permitted by the Virginia Uniform Statewide Bui:ding Code; As necess,Ú)' in a particular case a perpetual wall maintenance easemcnt shall be provided on the lot adjacent to the zero lot line property such that, with the exception of fences. a total width bet ween dwelling units of six feet shall be kept clear of all structures. This easement shall be shown on the final plat and incorporated in each deed transferring title to the property. Roof overhangs may' pelletratc the casemcnt Oil the adjaccnt lot a maximum of l wcnly-four (24) inchcs, but the roof shall be designed, with standard gutters, such that ,Ýater runoff from the dwelling placed on the lot line is directed to standard downspouts on the front and back of the dwelling. Building footings may penetrate the easement on the adjacent lot a maximum of eight (8) inches. 3. 4. 5. G. c. Rear: 20 feel. 11. The proffers contained herein supersede and are offered in lieu oral! previous proffers offered by owner with regard to the property. All previous proffers are withdrawn. í .' 3