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HomeMy WebLinkAboutZMA199400012 Action Letter ) -, .z.MA c:r~ -/2- r; COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 April I?, 1996 Wendell Wood River Heights Associates P. O. Box 5548 Charlottesville, V A 22905 RE: ZMA-94-12 River Heights Tax Map 32, Parcel 5 (pt of) and 5C (pt of) Tax Map 33, Parcel 14 (pt of) ~ Dear Mr. Wood: The Albemarle County Board of Supervisors, at its meeting on April 11, 1996, approved the above-noted request to rezone approximately 29 acres from Rural Area to Light Industry (proffered). Please note that this approval is subject to the following proffers: 1. Development shall be in general accord with the plans drawn by RTKL Associates, Inc. . Baltimore MD, dated February 5, 1996 and signed by Nena Harrell, Vice President, United Land Corporation (the "proffered plans"). The proffered plans shall be modified to be consistent with revisions which are recommended by the Site Review Committee, Planning Commission and/or Board of Supervisors to address requirements of the Zoning Ordinance. 2. Activity within the WRPA (Water Resource Protection Area as identified in the Water Resource Protection Areas Ordinance in effect on March 12, 1996) shall be limited to that necessary to install and maintain access, utilities and features recommended or approved by the Water Resource Manager and Architectural Review Board. 3. Right of way necessary for a four lane divided roadway shall be dedicated upon request of the County in general accord with the "proposed entrance road" shown on the proffered plan. The location and design of this roadway shall be modified upon the ~ . . . Page 2 April 17, 1996 request of the Department of Transportation or the County provided that the entrance location remains located at the existing crossover as shown on the proffered plans. 4. An undisturbed buffer area shall be maintained on the southern border of this site (from the intersection of Herring Branch and the North Fork Rivanna River to the westernmost portion of the existing pond). This buffer area shall maintain existing vegetation which results in a level of screening equal to or greater than that required by Section 32.7.9.8a. of the Albemarle County Zoning Ordinance in effect on March 12, 1996 a copy of the section being attached hereto. Where existing vegetation does not provide for this level of screening new plantings shall be established. Vegetation shall be maintained in accord with section 32.7.9.2b of the Albemarle County Zoning Ordinance in effect on March 12, 1996 a copy of the section being attached hereto. 5. Traffic generated by this site accessing Route 29 at the Route 29/proposed entrance road intersection shall not result in a level of service of less than C. Easements and Right of Way necessary to maintain a C level of service at the Route 29/proposed entrance road intersection shall be dedicated upon request of the County. 6. The owner, its successors and assigns, shall provide upon request by the Virginia Department of Transportation and the County a signal analysis to the specifications of the Virginia Department of Transportation and the County to insure a traffic signal is installed when warranted. This analysis must include traffic generation proposed by the Briarwood development. The full cost of the signalization will be borne by the owner, its successors and assigns If you have any questions or comments regarding the above-noted action, please do not hesitate to contact me. nity Development VWC/jcf cc: Ella Carey Amelia McCulley 10 Higgins ... -..a;.;lii ......-" ._.,~, 4; APR 1 8 1996 PROFFER ZMAtt 94- 12 MARCH 1 2, 1 996 P~.~nni.,,",N f"",.... ,,'- .. J~·JIJ .~.~_~ w-=i..!·~~. '-' o 1. Development shall be in general accord with the plans drawn by RTKL Associates, Inc. Baltimore MD, dated February 5, 1996 and signed by Nena Harrell, Vice President, United Land Corporation (the "proffered plans"). The proffered plans shall be modified to be consistent with revisions which are recommended by the Site Review Committee, Planning Commission and/or Board of Supervisors to address requirements of the Zoning Ordinance. 2. Activity within the WRPA (Water Resource Protection Area as identified in the Water Resource Protection Areas Ordinance in effect on March 12, 1996) shall be limited to that necessary to install and maintain access, utilities and features recommended or approved by the Water Resource Manager and Architectural Review Board. 3. Right of way necessary for a four lane divided roadway shall be dedicated upon request of the County in general accord with the "proposed entrance road" shown on the proffered plan. The location and design of this roadway shall be modified upon the request of the Department of Transportation or the County provided that the entrance location remains located at the existing crossover as shown on the proffered plans. 4. An undisturbed buffer area shall be maintained on the southern border of this site (from the intersection of Herring Branch and the North Fork Rivann~ ~ River to the westernmost portion of the existing pond). This buffer area shé 1 maintain existing vegetation which results in a level of screening equal to 01 greater than that required by Section 32.7.9.8a. of the Albemarle County Zoning Ordinance in effect on March 12, 1996 a copy of the section being attached hereto. Where existing vegetation does not provide for this level of screening new plantings shall be established. Vegetation shall be maintained in accord with section 32.7.9.2b of the Albemarle County Zoning Ordinance in effect on March 12, 1996 a copy of the section being attached hereto. 5. Traffic generated by this site accessing Route 29 at the Route 29/proþosed entrance road intersection shall not result in a level of service of less than C. Easements and Right of Way necessary to maintain a C level of service at the Route 29/proposed entrance road intersection shall be dedicated upon request of the County. 6. The owner its, successors and assigns shall provide upon request by the Virginia Department of Transportation and the County a signal analysis to the specifications of the Virginia Department of Transportation and the County to insure a traffic signal is installed when warranted. This analysis must include traffic generation proposed by the Briarwood development. The full cost of the signalization will be borne by the owner its, successors and assigns. River Heights Associates Limited Partnership ~~~~ We dell W. Wood, General Partner ,) - d. -- e. f. g. h. Provide pervious area which helps to reduce run-off and to recharge groundwater; Improve air quality; Minimiz~~Qise, dust and glare; Promote traffic safety by controlling views and de- fining circulation patterns; To protect and preserve the appearance, character and value of the neighboring properties. (32.8.1, 7-10-85) 32.7.9.1 WHEN REQUIRED Whenever a site development plan is required by this ordi- nance, a landscape plan shall be required as precedent to final site development plan approval. The foregoing notwith- standing, a landscape plan shall be required at time of preliminary plan review: when the impervious coverage of the site exceeds eighty (80) percent of the gross site area; when the agent determines that due to unusual circumstances, conditions of the site or by character of the proposed use, review at the preliminary plan stage is warranted; or-in any case where required by the commission. (Added 5-1-87) .!' 32.7.9.2 ADMINISTRATION; APPEAL a. The agent in review of the landscape plan shall con- sider comments from other agencies before approving the plan, including the Virginia Department of Highways and Transportation and the Albemarle County Service Auth- ority. Once the landscape plan is approved, no changes may be made unless the revision has been approved by the agent. (~2.8.2.5, 7-10-85; Amended 5-1-87) b. Required landscaping may be bonded in accordance with section 32.3.5 to insure completion prior to the issuance of a certificate of occupancy. All required landscaping shall be completed by the first planting season following the issuance of a certificate of occupancy. A maintenance bond for the required landscaping shall be posted by the developer in favor of the county. If the land- scaping is completed prior to the issuance of a certificate of occupancy, then the maintenance bond shall be posted prior to the issuance of a . certificate of occupancy. If the landscaping is bonded for completion, rather than completed prior to the issuance of a certificate of occupancy, . -219.10- {Supp. #37, 3-18-87) then the maintenance bond shall be posted when the materials are planted and before the completion bond ~ released. (32.8.2.6, 32.8.2.7, 7-10-85) The maintenance bond shall be in the amount of one- third (1~3) of the value of required trees and/or shrubs, and shall be held for a period of twelve (12) months following the planting date. (32.8.2.7, 7-10-85) . ' At the end of the twelve (12) month time period, the bond shall be released if all required plantings are in healthy condition as determined by the zoning adminis- trator. Thereafter, required landscaping shall be maintained in healthy condition by the current owner or property owner's association, and replaced when neces- sary. Replacement material shall conform to the original intent of the landscape plan. When existing plantings are preserved in lieu of required new plan- tings, the bond shall be calculated according to the replacement value of plantings which meet minimum requirements of this ordinance. (32.8.2.7, 7-10-85) Any person aggrieved by a decision of the agent -may demand a review of the plan by the commission pursuant to section 32.3.10 of this ordinance. (32.8.2.8, 7-10-85; Amended 5-1-87) 32.7.9.3 VARIATION; WAIVER (Added 5-1-87) c. ~. a. The agent may vary or waive the requirement of a landscape plan in whole or in part together with improvements required herein upon a finding that requirement of such plan and/or improvement would not forward purposes of this ordinance or otherwise serve the public interest; provided that such variation or waiver shall result in a plan substantially in comp- liance with the approved site development plan together with all.conditions imposed by tne commission or agent thereof; and, provided further that such variation or waiver shall have no additional adverse visual impact on adjacent properties or public areas nor otherwise be inconsistent with section 32.7.9 of this ordinance. No variance or waiver of landscape plan shall be approved except after notice required by section 32.4.2.5. (Added 5-1-87) b. Whenever, because of unusual size, topography, shape of the property, location of the property, or other unusual conditions, excluding the propri- etary interests of the developer, strict applica- tion of the requirements of section 32.7.9 would ~ -219.11- (Supp. *37, 3-18-87) · · · ~ Shrubs shall be in a single row planted five (5) feet on center. Alternate methods of landscaping designed to minimize the visual impact of the parking lot may l approved by the agent. (32.8.5.1.c, 7-10-85¡ Amended 5-1-87) 32.7.9.8 SCREENING (32:8.6, 7-10-85) The following Fequirements shall apply to screening: a. When required, screening shall consist of a planting strip, existing vegetation, a sightly opaque wall or fence, or combination thereof, to the reasonable satisfaction of the agent. Where only vegetative screening is provided, such screening strip shall not be less than twenty (20) feet in depth. Vegetative screening shall consist of a double staggered row of evergreen trees planted fifteen (15) feet on center, or a double staggered row of evergreen shrubs planted ten (10) feet on center. Alternate methods of vegetative screening may be approved by ~he agent. Where a fence or wall is provided, it shall be a minimum of six (6) feet in height and plantings may be required at inter- vals along such fence or wall. (32.8.6.1, 7-1Q-85¡ Amended 5-1-87) b. Screening of parking lots shall not be counted toward the interior landscaping requirement. When screening is required along the frontage of public streets, the agent shall determine if the street tree requirement has been met. (32.8.6.2, 7-10-85) c. Screening shall be required in the following instances: 1. Commercial and industrial uses shall be screened from adjacent residential and rural areas dist- ricts. (32.8.6.3.a, 7-10-85) 2. Parking lots consisting of four (4) spaces or more shall be screened from adjacent residential and rural areas districts. (32.8.6.3.b, 7-10-85¡ Amended 5-1-87) 3. Objectionable features including, but not limited to, the following uses shall be screened from adjacent residential and rural areas districts and public streets: - loading areas - refuse areas -219.16- (Supp. #37, 3-18-87) Original Proffer _ Amended Proffer (Amendment #_) PROFFER FORM r¡ Date: 3/14/96 ZMA # 94-12 Tax Map Parcel(s) # 28 . 88 Acres to be rezoned from R A to LI Pursuant to S~ction 33.3 of the Albemafle County ZlJning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be é:Jplied to the property, if rezoned. These conditi('ns are proffered as a part of the requested fezoning and it is agreed that: (1) the fezoning itself gives rise to the need fOf the. conditions; and (2) such conditions have a re';sonable relation to the rezoning reque:;ted. SEE ATTACHED PAGE OF 6 Proffers ~ River Heights Associates Limited Partnership ~~.R.rarpa¡:tn.r "SIgnatures 0 Þi Owners Printed Names of All Owners . I 3/12/96 Dale OR t1 Signature of Attorney-In-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-In-Fact PROFFORMWPD Rev. December 1994 - Sc.c. (~",.14. Re.c.""'~ 'f Irl,,-, -- PROFFER ZMAn 94-12 MARCH 12, 1996 1. Development shall be in general accord with the plans drawn by RTKL Associates, Inc. Baltimore MD, dated February 5, 1996 and signed by Nena Harrell, Vice President, United Land Corporation (the "proffered plans"). The proffered plans may be modified to be consistent with revisions which are recommended by the Site Review Committee, Planning Commission and/or Board of Supervisors to address requirements of the Zoning Ordinance. 2. Activity within the WRPA (Water Resource Protection Area as identified in the Water Resource Protection Areas Ordinance in effect on March 12, 1996) shall be limited to that necessary to install access, utilities and features recommended or approved by the Water Resource Manager and Architectural Review Board. 3. Right of way necessary for a four lane divided roadway shall be dedicated in generål accord with the "proposed entrance road" shown on the proffered plan. The location and design of this roadway shall be modified upon the request of the Department of Transportation and the County provided that the entrance location remains located at the existing crossover as shown on the proffered plans. .n undisturbed buffer shall area be maintained on the southern border of # site (from the intersection of Herring Branch and the North Fork Rivanna River to the westernmost portion of the existing pond). This buffer area shall maintain existing vegetation which results in a level of screening equal to or greater than that required by Section 32.7.9.8a. Of the Albemarle County Zoning Ordinance in effect on March 12, 1996 a copy of the section being attached hereto. Where existing vegetation does not provide for this level of screening new plantings shall be established. Vegetation shall be maintained in accord with section 32.7.9.20 of the Albemarle County Zoning Ordinance in effect on March 12, 1996 a copy of the section being attached hereto. 5. Traffic generated by this site accessing Route 29 at the Route 29/proposed entrance road intersection shall not result in a level of service of less than C. Easements and Right of Way necessary to maintain a C level of service at the Route 29/proposed entrance road intersection shall be dedicated. 6. The developer, successors and assigns shall provide upon request by the Virginia Department of Transportation and the County a signal analysis to insure a traffic signal is installed when warranted. This analysis must include traffic generation proposed by the Briarwood development. The full cost of the signalization will be borne by the developer, successors and assigns. River Heights Associates Limited Partnership ~~/~~~ Wenell W. Wood, General Partner PROFFER ZMAlt 94-12 MARCH 1 2 , 1 996 ~ 1. Development shall be in general accord with the plans drawn by RTKL Associates, Inc. Baltimore MD, dated February 5, 1996 and signed by Nena Harrell, Vice President, United Land Corporation (the "proffered plans"). The proffered plans shall be modified to be consistent with revisions which are recommended by the Site Review Committee, Planning Commission and/or Board of Supervisors to address requirements of the Zoning Ordinance. 2. Activity within the WRPA (Water Resource Protection Area as identified in the Water Resource Protection Areas Ordinance in effect on March 12, 1996) shall be limited to that necessary to install and maintain access, utilities and features recommendèd or approved by the Water Resource Manager and Architectural Review Board. 3. Right of way necessary for a four lane divided roadway shall be dedicated in general accord with the "proposed entrance road" shown on the proffered plan. The location and design of this roadway shall be modified upon the request of the Department of Transportation and the County provided that the entrance location remains located at the existing crossover as shown on the proffered plans. 4. An undisturbed buffer area shall be maintained on the southern border of~' this site (from the intersection of Herring Branch and the North Fork Rivanl ' River to the westernmost portion of the existing pond). This buffer area shaìl maintain existing vegetation which results in a level of screening equal to or greater than that required by Section 32.7.9.8a. Of the Albemarle County Zoning Ordinance in effect on March 12, 1996 a copy of the section being attached hereto. Where existing vegetation does not provide for this level of screening new plantings shall be established. Vegetation shall be maintaineå in accord with section 32.7.9.26 of the Albemarle County Zoning Ordinance in effect on March 12, 1996 a copy of the section being attached hereto. 5. Traffic generated by this site accessing Route 29 at the Route 29/proposed entrance road intersection shall not result in a level of service of less than C. Easements and Right of Way necessary to maintain a C level of service at the Route 29/proposed entrance road intersection shall be dedicated. 6. The developer, successors and assigns shall provide upon request by the Virginia Department of Transportation and the County a signal analysis to insure a traffic signal is installed when warranted. This analysis must include traffic generation proposed by the Briarwood development. The full cost of the signalization will be borne by the developer, successors and assigns. River Heights Associates Limited Partnership ~~~E(~~~~- ~;':r~. ;', "...;"....... ?2~~~ ------ Wendell W. Wood, General Partner i,PR n 5 1996 ~ .-.., . _.J :. ~~: : -~: r~ ", '-'e; - ,.-" .'-.. '. 5':'-'-" .'. ~:. ".... ['- I -. -----~-- EXISTING OVERHEAD ELECTRIC (Rappahannock Electroc Cooperalive - 34 KV EXISTING OVERHEAD CABLE TV (Adelphia Cable) EXISTING 12" WATER MAIN (RWSA) EXISTING 6" GAS MAIN (Charlottesville Gas) TELEPHONE PROPOSED ENTRANCE ROAD PROPOSED SITE BOUNDARY TOTAL AREA= 28.88 ACRES (11.69 HECTARES) PROPOSED BUILDING lOCATION PROJECTED UTI LIlY DEMANDS POWER WATER WASTE GÞ.S TELECOM 2S00 KVA 10 32S0 KVA 7S0 GPM 10 1000 GPM (based on WO'SI case fore proL demands) 200 10 2S0 DRAINAGE FIXTURE UNITS 10,000 CFH 10 1S,000 CFH 100 STRAND FIBER OPTIC CABLE Ulihty requIrements 10 be verified UTI LITI ES PLAN ~ N nrt.....rI Om 5CAI..I "1000 100m .~Q~-:~~~~. ,. 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SECURITYJrELECDMMUNICA TIONS CULINARY ADVISORS fOOD SEIMCI ... ..... HUGHES ASSOCI" TES. INC. fiRE PROTEOIONotIFE SAfrn SHEN. MILSOM & WlUŒ "UDICWISUAl