The URL can be used to link to this page

Home My WebLink AboutZMA199600012 Action Letter / ~., .-e r- '~'. ~. .2MJt- q6-/2- COUNTY OF ALBEMARLE Dep.t. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902·4596 (804) 296-5823 August 16, 1996 Don Franco The Costlier Group P. O. Box 5207 Charlottesville, VA 22905 RE: ZMA-96-12 - Forest Lakes Associates Tax Map 46, Parcel 97 Al and Tax Map 46B5, Parcell Dear Mr. Franco: The Albemarle County Board of Supervisors, at its meeting on August 7, 1996, approved the above- noted request to add approximately 120.6 acres of land currently zoned Rural Areas to Forest Lakes South PUD. Please note that this approval is subject to the attached proffers. The Board of Supervisors also approved the special use permit for the floodplain crossing of Powell Creek subject to the following conditions: I. Demonstration of compliance with the provisions of Zoning Ordinance Section 30.3, Flood Hazard Overlay District; 2. Demonstration of compliance with the provisions of Zoning Ordinance Section 4.2, Critical Slopes; 3. Water Resource Manager approval of a Water Quality Impact Assessment and Mitigation Plan for all encroachments into the Powell Creek Water Resources Protection Area (WRPA) buffers; 4. Receipt of all applicable Federal and State jurisdictional determinations and/or permits for proposed disturbance to wetlands and streambeds, and submittal of all documents to the Engineering Department. If you have any questions, please do not hesitate to contact me. Sincerely, t ~~geL Director of Planning & Co cc: Amelia McCulley evelopment Jo Higgins '.,.. . .y' :;......,~ .>.JG ~ 199:') . Original Proffer Amended Proffer - (Amendment # ) &ate: ¡:.;; E~ (~~~ i:1"'~'j ......- ". ~ ".: <':..,.... ~. ..."4'". '.., ..-: PROFFER FORM ~, .f} 7/11/96 ZMA # 96-12 Tax Map Parcel(s) # 46-97A1. 4685-1 120.6 Acres to be rezoned from RA to PUD Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agen~ hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning 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. The development of the residential portion of the property shall not exceed 800 dwelling units. 2. Upon the request of Albemarle County, Virginia, to donate by gift to Albemarle County or its designee, subject to items of record affecting title, for such public use facilities as the County may select, a parcel of approximately five (5) acres as shown on the Application Plan for Forest Lakes South made by Clower Associates, Inc., dated 6/5/91, provided the owner may require reasonable . visual screeninglbuffering of the five (5) acres 3. Except for the five (5) acres described in Proffer 2 above, the development of the property will be limited to those uses allowed by right under Section 20.3.1 and Section 20.4.1(2) of the Zoning Ordinance of Albemarle County, Vlfginia (hereinafter referred to as the Zoning Ordinance). Further, under Section 20.4.1(2) of the Zoning Ordinance, the uses permitted by right under Section 23.0, Commercial Office (CO), will be limited to Section 23.2.1(1), (2), (3), (6), (7), (8), (9), and (11). To be excluded ITom use by special use permit under Section 20.3.2 of the Zoning Ordinance are Sections 20.3.2(3) and (7). To be excluded ITom use by special use permit under Section 23.2.2 of the Zoning Ordinance are Sections 23.2.2(1), (2), (4), (7) and (8). All references to the sections of the Zoning Ordinance shall be to those sections as they exist on July 18, 1996. Copies of the sections are attached hereto. /.",. ., .. " 4. In the event that at least 240 of the dwelling units stated in Proffer 1 have not been built and a certificate of occupancy issued within ten (10) years ITom the date of the final approval of this Zoning Map Amendment, then the owner waives its rights under Virginia Code Section 15.1-491.2: 1(B). 5. No lot within the property will ftont on or have direct access to any roads within the Hollyrnead PUD. 6. Residential Areas 7 and 8 as shown on the Application Plan for Forest Lakes South made by ~ . Clower Associates, Inc., dated 6/5/91, will be developed with single-family detached dwelling units. ~ PROFFORMWPD Rev. December 1994 (". 7. The owner shall provide recreational facilities in accordance with Section 4. 16 of the Zoning Ordinance as it exists on July 18, 1996, a copy of which is attached hereto, for multi-family areas remote £Tom the central recreational areas. 8. The owner shall reconstruct and extend Powell Creek Drive £Tom Hollymead Drive to the Forest Lakes Spine Road provided the necessary right-of-way exists or can be obtained at no cost to Forest Lakes Associates. 9. The owner shall follow the General Conditions as stated in the Rezoning Application Plan for Forest Lakes South PUD dated April 19, 1996. 10. (a) Upon the request of Albemarle County, Virginia, for the purpose of the connection of Ashwood Boulevard to the Meadowcreek Parkway, the owner shall dedicate to the County a right-of-way consisting of a strip ofland at a width deemed necessary by the County, but not to . exceed one hundred twenty (120) feet in width within the area designated as "Area A" on the attached drawing of Roudabush, Gale and Associates dated July 30, 1996, entitled "Exhibit Showing Area A A Portion of Parcel X Shown on a Plat Recorded At D.B. 1307, p. 45". (b) The owner shall dedicate a one hundred twenty (120) foot wide right-of-way for Ashwood Boulevard as it is platted in the Forest Lakes development. r' ~. (c) Upon request of Albemarle County, Vrrginia, the owner shall dedicate to the County a right-of-way consisting of a strip of land at a width deemed necessary by the County, but not to exceed one hundred twenty (120) feet in width connecting Ashwood Boulevard as built to "Area A" on the attached drawing of Roudabush, Gale & Associates, if Ashwood Boulevard when completed by Forest Lakes is not contiguous to the area described in paragraph (a) above as shown on the attached drawing of Roudabush, Gale & Assoc. (d) The owner shall place in the deeds £Tom Forest Lakes Associates conveying Lots in Neighborhoods 16 through 23 a shown on the Master Plan the following language: "Notice: Ashwood Boulevard may in the future connect to the Meadowcreek Parkway." Printed Names of All Owners e-I-9c. Date 6-1-l(Ç. OR r. Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact PROFFORMWPD Rev. December 1994