HomeMy WebLinkAboutZMA199700001 Action Letter
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road .
Charlottesville, Virginia 22902·4596
(804) 296·5823
March 18, 1998
Scott A. Williams
HCR I, Box 3
Charlottesv i lIe, V A 2290 I
RE: ZMA 97-01 Still Meadows
Tax Map 46, Parcel 21 and Tax Map 4582, Parcel 2(pt of) and 4 (pt of)
Dear Mr. Williams:
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-l, 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,
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Director of Planning &
WC/jcf
cc: Amelia McCulley
Jack Kelsey
Cescent Development Group, LC
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AMENDS> AN RESTATED
PROFF~ ST l'rEMEm' ~)
CRESCENT D~LOP GROUP, L.L.C.
REZONING APPUC ON: ZMA-97-01
PEBRfAR (7, 1998
Cre lCe!lt Deve10pment GIoup, L.L.4. Is contract purcbaser, Ollie L. Fil7¡eraId, Jr.
and Florence L. Fitzgerald, Still Meadow Làn4 T ' ~ and 1ane Williamson are 1hc owners of that
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certain property located in Albemarle Co~1Y (tbe ~F0untyj descnDcd in rezoning application
ZMA-97-01 as Tax Map 46 Parce121 andpprtio fTax Map 4~B2 Parcels 2 and 4 (the
"Property''). The contract purchaser and tbè 0 , and their respective successors and assigns
are hereinafter, collectively, referred to as tije .. rs", Owners hereby voluntarily proffer that
if the Property is rezoned by the Board of Supervi fS of Alb~le County (the "Boardj to the
planned residential development (the "PRDt'), opment of the Property shall be in
accordance with the plan submitted herewith last . ~cd September 18, 1997, entitled
uPrelirn1n:ny Plan Showing Lots 1 Tbru lS~ Still eadow, Rio Magisterial District, Albemarle
County, Virginia" prepared by B. Aubrey H; .1& Associates (the "Planj, and shall be
~ubjcctto the following proffers pursuanttq Secti n 15.2-2298 ofthc Code of Virginia (1950), ~
amended (the "Code"), and applicable pro~sioÐ$ [the Albemarle County Zoning Ordinance
(the "Ordinance''). All references to numbeFd 10 are to those lots as numbered on the Plan.
If Owners' rezoning applicatioD is ~ed, se proffer$ shall be immediately null and ~
void and of no further force or effect. All 0' these proffers are offered voluntarily pursuant to the
Ordinance ~d relevant sections of the Codci. The proffers herein shall not be interpreted to
authorize any per$OD to apply lesser standæJi$· those contained in any: (i) state statutory,
regulatory or code minimum standards, or (µ) Co ty ordinance or regulation, including the
Ordinance, except as permitted by the re~tíoDS f the PRD Zoning District. These proffers
shall supersede all other proffers made priot here
1. Protective Qo~ Prior to or ~ t with the recordation of a subdivision plat
approved by the County an4 before ihe c cyance of any portion oftbe Property
covered by said subdivision plat (o~ for the dedication of casements, roads or
utilities), Owners shall record a docwnent the "Protective Covenantsj in the Clerk's
Office of the Circuit CoQrt of Albenþrle unty. Vir¡iDia, setting forth controls on the
development and requiremen~ for ~lÚn e of such portioDS of the Property and any
Common Areas or facilities inclUì t1I= and at a minimum as set forth herein.
2. ClearÏDi. To the extent reasonably pr~tic Ie, as determined by the Director of Planning
and Community Development or hi . d¡:si I e, at the time of development the clearing of
mature trees on residential lots s be· ,I ed to tree~ in areas required to accommodate
the structure and its nonnal and lcccssories, open yard areas and those linúted
areas required to pennit utility servi $, st fm drainage facilities and 4riveways, Any
such trees which have been saved 'I not I e cleared by any futUre owner of any lot ,
without the consent of the ArChiT C trol Committee ofthc Homeowners
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Association provided for in ~ Projve C ¡ eoants, To the extent reasonobly
practicable. as determined by the Dire~tør 0 lannin¡ and Community Development or
his desi¡nee, at the time of development the earing of mature tree~ (no less than six
inches (6") in caliper measured two f~~ (2') bove ¡round level) in common areas shall
be limited to trees in areas required to; acco odate pedestrian paths, playing fields,
draina¡e facilities and other open are¥' and se limited areas required to permit utility
services ond driveways. The ~1'C$pO 'bility for the JmplcmentalÏon and
compliance with this Proffered Co .. on 1 rest with the Homeowners Association
provided for in the Protecûve Cove~~.
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Rivanna River Green Belt. Owners s~l re ~ e a one hundred (100) foot wide area
alona the boundary of the Property a¥ adja t to the Rivanna River (the "Green Belt").
No structural improvements (other thþ ped 'an and riding trails and utilities) shall be
construeted or erected within the Greþ Bel 'thout the consent of the Co~ty. The
Green Belt shall be preserved in its c¥mmt ndition except for aeneral beautification
measures including. but not limited tó, the aring ofundcrbrush, removal of dead trees
and shrubs. and clean up along the riYcr. crs may grant, across the Green Belt, utility
casements, and access easements to qæ }UV River for the residents of the
development and their guestS, and may, at ' it option, build pedestrian and riding trails
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or shnilar recreational uses. At such ~e ~ County decides to establish along the
Rivanna River a public area or park r~ 'e Green Belt, and upon a request by the
County, Owners shall convey the fee simpl title to the Green Belt to the County without
monetary consideration, provided thJ ~s ~owed for utilities, and pedestrian and riding
trails or other uses identified in this ¡frøffer ~ are reserved in the deed. The Green Belt
may continue to be maintained by O~s If the PropertY; however, in the absence of
such maintenance. Albemarle Coun~ .at ~ts <Ftion or any public agency or authority
designated by the County may maintJÙD tb Jne hundred (100) foot wide Green Belt.
Owners shall provide public access tþ tÞ.e e4 Green Belt and two (2) visitor parking
spaces as shown on the approved su~divisi plat. The current condition will be
documented with photographs or videotap 1,
Water Quali'" ~cpt Plan. In or4 to ,. water quality in excess of nonna! water
detention requirements, Owners willi impl ent the following three (3) tier Waœr Quality
Concept Plan: ~:
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Storm water detention faciU~¡CS wit . 'ze BMP Design Criteria to filter storm
water, which ~ include b t not limited to facilities designed to
accommodate one half (112) ch 0 '~age per acre of ultimate development
impervious area in drainage Irca; s . ent forebays; aquatic benches; and such
shown generally on the plan Are A, Area B and Area C.
Water quality basins to ~~I the s ~ water that is not required to b. dctøined
shall be constructed with we:¡ same IMP Design Criteria 8$ ,mtcd in subparaaraph
a. above and as shown ¡ener~y 0 e plan as Area D.
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c. In addition to the existing (SO) ot buffer alOU¡ the Rivanna River, Owner:s )
shall provide an additional fi (SO eet of buffer, makin¡ such buffer one
hundred (100) feet in the ag ejPte will consist of riparian trees and shrubs
pursuant to plantin¡ plan app ved the ~ginccrin¡ Department. These
facilities are shown generall on Ian as Area E.
d. A riparian buffer of appro . (30) feet will be planted along the stream
F. The buffer will consist of riparian trees
~pproved by the Engineerin¡ Department.
e. A man-made wetland area U þe b h to act as a regional water quality facility.
The wetland ~ will filter s nn ,~ from this site as wen as many up-stream
properties, and IS generally r ¡!be plan as Area G.
f. Either a level spreader or a b ·o·¡oe ,'on area will be built to control water quality
for water not bein¡ detained. This ility is generally shown on the plan as Area
H.
This Water QQality Concept been de~igned to comply with the County's
proposed Water Protection Ordinan , shall .e 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 ' , ce of the aforesaid facilities shall be
subject to inspection by the Engine 1- ,
S. Critical Slopes, The engineer prep . g th ~ubdivisioD plan shall designate the areas of
critical slope on the subdivi$Ïon plat prior ~ constrUCtion of a residence on the applicable
lots. The engineer will desi¡nate 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 V . 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. er area a rniJ'l;mum of seventy (70) feet in
lhall be included in common area, sQalI be
IS inclusive as ShOWD on the Plan, adjoining
. This bufi'er shall remain Ù1 an undisturbed
other vegetation required for the in~ation
easement, for improvements as may be
I, ental body as a condition of subdivision
sanitary sewer easement, eXisting,trees
en, diseased or dead trees and other
ftrees and other vegetation within the
ty (20) feet in width. The removal of trees ))
øewcr easement shall þe limited to the
age 3 'f7
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minimum extent necessary to provide for ~ req\JÏred improvements or essential utilities.
lu:1y trees or other ve¡etation removfa rbe replaced, if permitted by the appropriate
departments of the County. , I
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The substance of this Proft'5.shal1 ~ included as a restriction in the Protective
covenantS refeIred to in Proffer ,I. ·lpe eowners Association shall monitor and
enforce compliance with this restrictJQ¡1. I owners of the lots in Nortbfields and
Westmoreland Subdivisions which øpjøin ru I-IS. inclusive. as shown on the Plan, shall
specifically be identified as third parþ' þc iÏciaries of this restriction, and sba11 have the
ri¡ht under the Protective CovenantS to lþ this restriction.
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Lot Width. Lots 1-15 incl~ve as wn r the Plan adjoiDin¡ Northtields and
Wesunoreland Subdivisions shall be at 1 tJ·cqual in width to the rear lot lines of the lots
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they abut in Northfields and W re rUbdivi$Ïons as shown on the Plan.
Pedestrian Paths. Owners agrees to Þ ch with each phase of development ~phalt-
paved pedestrian path$ four (4) feet iµ wid :' on one side of roads A, B, C (to road D), D
(to road F). F, and G, and for two (2~ pedes " access easements to the Open Space.
Said roads arc shown on the Plan. qwner!S ;. constrUCt the asphalt-paved pedestrian
paths from road A to Carrsbrook Drive orthfielcb Road provided the Virginia
Department of Transportation ("VD~Tj ves the paths to be constrUCted within the
road rights-of-way. II
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Underground Utility Lines. Except fT j fon boxes, meters and. existing overhead
utility lines and wetlands, if any, all . it)' J es, to the extent reasonably practical, shall
be underground. I
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Chimnevs. No chimneys or ¡as velI~~ts hall be cantilevered. The exposed portions of
all firep1a.œ chimneys shall be brick r of a ~ding similar to the exterior treatment of the
residence. nus Proffer shall not app 'I to ct vent gas fireplaces or appliances. The
exposed bases of all chimneys shall trc: of : same material as the residence foundation.
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Foundations. The exposed exterior ~onio ; ¡pf exterior residence foundations shall be
constructed ofbrick or natural stone;lprovi ¥, however, the exposed portions of exterior
residence foundations may be constl'1¡)Ct~d ~J~vit or stucco if applied to a masonry
surface, provided that the exterior ~l$ of '1F residence are primarily of drivit or
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Re.idc¡¡ce Parldne. Each residence L ~ a two- (2) car ¡æa¡¡e.
Recreation Arelll. The proposed ~o ~ IS moWll on the Man shall be
complcted no later than the COmPletitn of ,second phase of development.
Traffic Signal. Owners shall, upon viriuen , uest therefor, contribute ten thousand two
hundred dollars ($10,200.00) toward Ithc co øf the traffic si¡nal installed at the
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Ppge 4
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intcrscction ofRlo Road and Old B ok
approval of the first phase subdiVÏ5i n pI
. Payment will be made at the time of final
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IS. Pavement Strlt)inV. Owners shall Un geometrics oflanes by addiÐg additional
pavement markings within the exi5ti ri * f-way at the intersections of Old Brook
Road and Cmsbrook Driv~ Rio Ro and d Brook Road, Rio Road and Northtie1ds
Road and Rio Road and Huntin¡ton 'win provide additional pavement marking~
on Old Brook Road to create two (2 Qut and one (1) receiving laDe, all as
rccommp.oded in that letter from VD T to . Bill Fritz, Department ofPlannin¡ and
Community Development dated S, 1 9 . Owners will complete these Pavement
markings to the satisfaction of I prio : final plat approval of the one-hundredth
(10Oth) lot in the project. 'Ibis ProtTp I t be construed ~ require Owners to
provide additional righ~f-way or vina d any oftbe roads where said stripin¡ will be
provided.
16. fhasinaEm- No more than forty ( ) resi: tiaI certificates of occqpancy ("C.O, '5")
shall be requested in any twelve (12 ccrnsc : 've months period fonowing the final
approval of the preHm;n~ry subdivis on p ; Such calculation $hall be made on a
cumulative basis so that any lesser n er C.O. 's in any such period may be carried
over and added to the number of C. .', pc I 'ned in any subsequent period or periods.
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17. Cash PaYment. Owners shall make c8$h a t to the County for facility
improvements and impact$ related t the ~ entia! development requested herein within )
the service district for the Property '1 dcsi I ed by the Capital Improvement Program
for schools which serve the Rio Mag steri i~ct. The amount of such payment ~ball
be equal to one thousand dollars ($1. 00.0 ) per single family house lot. Such payment
shall be due at the time of final plat prav n a section..by-section basis for the number
of residential lots included in such p t If I Y time it is deteI1nined by the County that
any of such iùnds are DOt required fo such' ses or if any of such fund~ are not
expended for the purposes designa by :. apitallmprovement Program within ten
(10) years ûom the date of payment, ~s shall be di~trlbuted to the Albemarle
County School Board for capital Q es anywhere in the County.
. fthe development on the Parks and
-five (SS) acres of open area shall be
ying field no less than a regulation-size
adews and their guests as shown on the
phase of development and shall be
, vidcd for in the Protective Covenants,
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rlayin¡ Fiel4. In order to reduce the '
Recreation Department, the appro . ately
developed at a minimum for an all-p Ole
soccer field for the ~e of residents 0 Still
Plan no later than the completion of
maintained by the Homeowners As
Number of Lots. Notwithstanding
one hundred thirty·five (135) lots
20. Berms. An undulatin¡. landscaped,
in height shall be developed along
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oflots shown on the Plan, no more than
loped on the Property.
between three (3) feet and six (6) feet
Ot! 128 through 135. inclusive, and Lots
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145 through 154, inclusive, to proviçie pri Y and screening for the residents of such
lots.
21. Exterior Li¡htin~ at Recreation Areas. An exterior lighting fIXtUres at the Recreation
Areas shall DOt exceed twenty (20) feet in cigh~ as measured from the grade at the base
of the lightin¡ standard, shall be produced m concealed sources of li¡ht (i.e.. "hoe box
type). and shall not exceed one·half (112) candle at the boundaries of the Property.
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Severance. The unenforceability. el .
forth herein. in whole or in part, s11a11 ~
proffers or the unaffected part of any suçh
revision or IlJ1"l!l1tfment of any Proffer set
ect the validity or enforceability of the other
ffer.
Si¡natoty. These Pro:ffer~ $hall nm with Propert)' and each reference to Owners
within these Proffers shall mean the then c t owner of the Property or portion thereof
and shall be bindirig upon. Owners' IUCce ores) in interest andlor the developer of the
Property or any portion ofthc Property. .
Homeowners Association. Cmsbrook, W sunoreland and Northfields Subdivisions shall
be entitled to appoint one voting member m each subdivision to serve on the Board of
Directors of the Still Meadows Homc:o. Association provided for in the Protective
Covenants so long as there is any undevelo d lot in Still Meadows Subdivision.
P~ciDation in Traffic Cahning Me~s. Owners shall participate with Carr~brook,
Westmoreland and Northfie1ds Subdivisio in seeking assistance from the County and
VDOT in implementin¡ traffic calming m ures in the immediate area including, but not
limited to, Cmsbrook Drive, Old Brook ad. Westmoreland Road, Northfields Ro~
and Huntington Road. Traffic c.a1m1'"g me s may include, but are not limited to,
seeking the reduction of ~peed limits. cstab i~ent of four-way stops, increased
SUIVeillance and ticketin¡ by police. Such articipation shall include paying for the cost
offour-way stop signs upon thirty (30) cia prior written notice by the County to do so.
within three (3) years from the accepJanCe fmese Proffers by the Board. if such four-
way stop signs are required as part of the tr c calming measures and are not paid for by
VDOr.
Alternate Acce~s. Owners agree to use re nable efforts to purc~ sufficient right-of-
way trom Clarence Wetzel and the ho\1.$C lot from the owner of the property located
at the terminus of Westmoreland Road to commodate the relocation of the proposed
entrance from Cmsbrook Drive to its inter non with Westmoreland Read, provided
said properties can be obtained at COIIUJlClC Iy reasonable prices and all required
governmental and legal approvals C8!). be 0 . cd for such relocation. No assurance can
or is given that such properties can ~ obÞi d or that such entrance can. be relocated.
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Witness the following si¡nature and seal:
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CRE CENT DEVELOPMENT GROUP, L,L.C.
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By:
Scott A. Williams, Their Attorney-in-Fact
STIL MEADOW LAND TRUST
By:
Scon A. Williams, Its Attorney-in-Fact
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Scott A. Williams, Her Attorney-in-Fact
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to-wit
The foregoing instrument was acknow!edg before me on this ~~l day of
':-¿JJn.utu.. . 1998, by Scott A. Williams in his pacity as Manager ofCrescc:nt Development
Group, t.le. and as Attorney-in-Fact for Ollie L. i1Zgcrald, Jr., Florence L. Fitzgerald and StilI
Meadow Land 1ÌU$t and Jane Williamson.
My commission expires: q. :so ,...;teo
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_50642 . 20507,01061
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