HomeMy WebLinkAboutZMA199700012 Action Letter
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Dev~lopment
401 Mcintire Road
Chariottesviile, Virginia 22902·4596
(804) 296-5823
August 31, 1998
Steven W. Blaine
McGuire, Woods, Battle & Boothe
POBox 1288
Charlottesville. VA 22902-1288
RE: ZMA-97-12 Fried (Grayrock)
Tax ;\Ofap 55, Parc::ls 65 and 65A
Dear Mr. Blaine:
The A}þentarle County Board of Supervisors. at its meeùng on August 19. 1998. approved the above-noted
" . . request to rezone:5:t~.¡.aes from PRD to·:R..... ~leasenote that this approval is subject to the attached
proffersäated F$ruaryi8, 1998. Revised August 11, 1998 and signed by Robert S. Savage and And S.:
Savage. '.,-.. ':' . .
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. . .... you have an~ qu~srioX:S. pi~~ do not hesitite.to contact ~e.
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V. Wayne cur;
Director of Planning & Co
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CC: Amelia McCulley
Jack Kelsey
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PROFFER STATEMENT
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FRIED COMPANIES, INC.
REZONING APPUCA TION: #ZMA-97-12
February 18, 1998
Revised August 11, 1998
FRIED COMPANIES, INC. (the" Applicant") is the contract purchaser, and ROBERT
S. SA V AGE 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 n,
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").
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. . '..':. ~. If -:\ppli.cant' ~ gezcrning ~plicati~n is..denied, these proffers sh~ll ~d.iateli;
be null' and void and 'of no, furtb~· fe t;ë' er c~ffect. Air of th~se proffers are óffered voluntarily
. ~~a~t tP. the Ordi~a~~e, and: i~.l~va~t" sç.Ç~~?~ of the COd, e. The proff:.rs herèin .shall, .~o~be ~
~rete4 to authotlZe any pei'son to apply l'esser standa~tis than those conta~ed In any: (1)
"state'statutory, r~gulatory or code minimum standards, or (ii) County ordinance'~r regulatioQr,
.: ffidûœing the Ordinanc'e~' Thêse proffers 'shall supersede ~ ollier pröffers màd&:~rior tò this'
.- dine, ·iIIcluçiing fubse pr9ffe.rs"Ip~e ôy· APp'Ìicånt In-Z¥A-84-29, bùt only'to the eXtent that
sucti prior ¡iro'tTèr,s ,iffec~ the I!roperty.:·. . '.
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DENSITY
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No more than 127 single family, detached dwellings will be constructed on the
Property .
II. ROAD LVIPROVENIENTS
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-t? State Route 691, as needed.
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" " Road Improvements. Access shall be restricted to an internal public road
network to be designed and constructed in accordance with the Virginia Department of
.nsportation Subdivision Street Standards in effect at the time of subdivision plat approval.
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.
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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 (defmed in 5.5(a)
below).
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'. :; ·2..4.,··t' State Route 691 Contributions. The App'Iicant shall'partiCipate in the. ~
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"", . irt1provement òf State Route 691 by. payi11g to- the 'Cåunty a suIÌ.1 cal'é1,Ù'ated at the rate of
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.# 5500.00: per' tesidentìal.hu~lding)pt"p'latted withjn. th~ Pioperty after tlré qate of ~e rezoning in
.. _ordÞance\Yi~e'6MA'<97""12 appUc.atloit . !he .$500.00 payment shalÏ be m~de:'at thl! tiqe
.. ~recordatioñ of the rec<ird plat or plats; for eacn lot 'tor the subdivision; Or pþašes of the· .
·siibdi':i~sion to Q,e qeveloped on ~e Property. In the event that the $"50Q.OQ.to~~butions,
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after the;: are received by the COUUly, arB not used, within 20 years.aft~r.t~ördation of a plat
~ pf rl:te 1~7th lot, thep. th~ cOI1tributions .~ay be used by the C9ùnry for any.~th.er road
,. iIDprdvements sér'ving' thé: C.rózet area, deemed by the BQarcie as at lea$f iIf'part being necessary
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b¡: the proposed development on the Property.
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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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III. RECREATIONAL AND BUFFER AREAS
. 3.1 Recreational Areas: Walkin~/Jo~~in~ 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 ¥" the Conceptual Plan and shall construct an additional tot lot on
the area designated Lot % 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
031-50 be for the mutual benefit of the residents in the development on the Northern Tract. In
otder to proyide ,Q,ccess t.o the. Gp'eI1space and recreation areas, Applicant shall install at least
... ó~e (1)' pedestrian åccesš·at,a.grãd4~fnot·greater than·10%. .';
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... 3.2 "~:- ~u'ffe!..Àr~a Ea~s~me~t: A9s a condition of p~at api)f~"~l for the [Irst:section .of
the subdivision, ~p'licani shall eštablish a 50' Buffer Area along the western "oundary of the
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, ··P'rGperty, "ås 'depië~ on the Cenceptual Plan. Applicant shall plant within the 50' Buffer Area,
50 shade trees (the equ.iv~.Ient orl, tre~ for.e"-ery 40 lineár feet of Buffer Arèa).."The tr~s to
. be planie'd ;iChin 'the 13itffe{:Me~. will tJè ~spaced and 'group.ed to ~ advantåge. of,' a~ to .. _
- supplerrienr existing vegetatioñ. Trees will"e 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 I easement which shall run to the benefit of
the Association and shall be enforced by, the 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
screemng.
3.3 Landscapin~: Utilities. As a condition of plat 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 f9r improvements to ]armans Gap Road, (State Route 691) tree
screening along ]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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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
Ition 32.7.9.8.4 of the Ordinance and shall be located within a permanent open space area
, 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 Walkin~ Trail: Sidewalks: Greenway Corridor. Applicant shall install a walking
trail along the internal loop toad (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 I 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
- sidewåJk.s be provided gn'þoth.sid.es of the street,' Ap,pliéanr shall substitute 4' wide sidewalks .' . . i..
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~ . . fo~ the. 6 I, "Ÿide walking trail. _ Arsl:ich' time as the Boa;.d of Supervisors approveš' of a plan' for" '"
. a .greenw~y, or hiking/~g,.syste~,connecting Jarmans Gap 'fstates, Gray Rock, Orchard .__
.-res ~iid. &>w!1~o~n ~r.o~ët, Appliëant s.hall ~~d~cate the. w~!~~g/jo~ing' ttail along the are~ ~ '.
_he ponds', descrIbed m 3.1 .above for use~l.thin sllch a trall system or greenway. '. .' - "..
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'-'- 3.5 StGlmwa~ër·Mana~ement P·lan. .A:.s a conditio¡I9Jf plat åpprova~ for .the first section
~ .oi.the· subdivision, App~iè'ant shall deveJop' a stormwa.ter management plan which incorporates '.'
". ,. !·'~~t·måhagement pi-~cti~e~ that, to'thè e'xrëÌit practicable with the lot a:ÌÎ.d street lay'ôut:
minimiZes pollution to the trwutary 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, natùral state, retaining 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 subjeèt to zoning unde~
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 NoIthem Tract
from 70 townhouse units to ['_maximum of 27 single family, detached units and to submit a
~ rezoning request for the reduction of pennitted density thereon to 27 single family, detached
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units. Applicant 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
AI in no way be constrUed as the Board's pre-approval of such request. Applicant shall
_ently pursue the rezoning request (under either a PRD or R-l classification). If Applicant
diligently pursues the rezoning of the N orthem 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.
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OWNERS ASSOCIATION AND DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
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. . - -~., 5~ 1 #. Declaration: 'The Applicapt shall prepåre and PI~ce·~n# th~ 'Property, a
. :.l.aration?~ Co~~~n~, ~~~nd'iti~ns ~~ Rf~q'¡c~io95 (the "Decla.ration"). The Declara~i~s ..:
"o'se wilf ~.to f~cilitaté the'planning a\1d devèlopment of t~ Propeìtý ù! a unified and :: '. -.
\' coñsistent manner. ·.The De.claration shall se~ forth covenants. conditions 'and ¡estrictions for .' .
prjvate enforce:rl1éhi~~nli by 'hô~eoWnefs within the Pr..~ertÝ. Tbe'~iealiÌltetit of the .
DeclaråtÍon wilf be that die (ounty at: ~l~ma¡~e will hav~ no rights· or obligatioIÌs to enfqrce: . -.
.such~covénarttS, cónditigM angrestrièÌiori~.· 'The Declaration shall not be interpreted a~ ." :
authóriŽing 'any rerax~tit;n åf state or Albemarle County regulatory or minimum code
standards, except as allowed by the regulations of the Ordinance.
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5.2 Desi~n 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 hannonious residential community.
5.3 Fixed Standards.
(a) The following elements of the Design Guidelines shall be referenced in
the Declaration:
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(i)
Types of materials to be used in construction of dwellings;
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(ii)
Required setbacks from properties adjacent to the Property,
lot/building ratios, height restrictions; and
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(iii) Types of materials to be used and standards for landscaping.
5.4 Desi~ 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)
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Include requirements for builders to install water low flow showers
and toilets as water conservation techniques.
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. , .,5.5 '. ;J\1ainteßance ofLañdsca~~. Open ~paC.f~ñifè~oJ? Ärea!....The .
. !·..r~~ion s~all provide a mecbarÏism. for ~eståblis~ing and J11aintaining landscaping, open
., space, (mcludmg .open spa~e, and landscapl}1g reqUlred by these proffers) and cOffiItlPn ~reas
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wirl1in the Property ,includiRg' th.e follÇlwing: "~r ..,~ .
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The Applicant shall organize 'a ~Qme~Owners Association (the
'1Associ"ation") m; 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").
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(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)
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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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