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Home My WebLink AboutZMA199100004 Action Letter Zoning Map Amendment 1992-01-17 . . . (:>¿j!-s~;:~v-~\ . 1-( I \.:..: I \-' \-. ~ ' jo- '~~7:~/ - .......:..--""'" COUNTY or: ALBEMAHLE J Dcpl. of 1'1(\lIIIIII~1 &. Clill1l1l1lll1ly ),~v('I()I)J1l1'nl '10 I rvldnlir(' Hf),HI (:h.\I"loII1.:5\111"-'. VII~JI:II., :!:!()l) I·:I~·,(){, (1'0·1) 2% :,:-i:!:'. January 17, 1992 Forest Lakes Associates P. O. Box 5207 Charlottesville, VA 22905 .. RE: ZMA-91-04 Forest Lakes Associates Tax Map 46, Parcels 26E, 27, 97A, 98 and 110 Dear Sir: The Albemarle County Board of Supervisors, at its meeting on October 16, 1991, approved the above-noted request to rezone 236.212 acres from R-1 and PUD to PUD (Proffer). Property borders Southern Railroad on the east, Rt. 643 on the south, Rt. 29 on the west and Hollymead subdivision on the north. ) Please note that this approval is subject to proffers included as pages V-1 and V-2 in booklet entitled IIForest Lakes South Rezoning Applicationll dated June 17, 1991, amended August 13, 1991, signed by FrankA. Kessler, General Partner; Proffers in letter dated September 17, 1991,' addressed to Ronald S. Keeler, Chief of Planning, signed by Stephen N. Runkle; and Proffers in letter dated October 16, 1991, addressed to V.Wayne cilimberg, Director of Planning and Community Development, signed by Stephen N. Runkle, and as amended verbally and agreed to by Mr. Runkle at the Board's meeting on October 16, 1991: 1. The development of the residential portion of the property shall not exceed 1200 dwelling units, provided, however, that once the density exceeds 800 dwelling units, the owner shall contribute at the time a certificate of occupancy is issued for each dwelling unit in excess of 800 units the sum of $1000.00 per unit to an escrow fund to be established by Albemarle County to either expand the capacity of Hollymead Elementary School or to construct a new school in the J r~, · r · ~ · ATTACHMENT B I Page 21 Forest Lakes Associates Page 2 January 17, 1992 .- . . northern area of the County of Albemarle, Virginia ,: or other items in the Albemarle County Capital Improvement Program (CIP) related to this project (Forest Lakes South) or to other items not normally included in CIP reasonably related to this project (Forest Lakes South) . 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., provided the owner may require reasonable visual screening/buffering of the five (5) acres. .. J. 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, Virginia. Further, under section 20.4.1(2) of the 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 from use by special use permit under section 20.3.2 of the Ordinance are sections 20.3.2(3) and (7). To be excluded from use by special use permit under section 23.2.2 of the Ordinance are sections 23.2.2(1), (2), (1\), (7) and (8). 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 from the date of the final approval of this Zoning Map Amendment, then the undersigned applicant agrees to waive its rights under Virginia Code section lS.1-491(a1) . 5. No lot within the property will front on or have direct access to any roads within the Hollymead PUD. 6 . Residential Areas 7 and 8 as shown on the Application Plan for Forest Lakes South made by Clower Associates, Inc., will be developed with single-family detacþed dwelling units. 7. The owner agrees to provide recreational facilities in accordance with section 4.16 for multi-family areas remote from the central recreational areas. ATTACHMENT B Ipage 31 Forest Lakes Associates Page 2 · January 17, 1992 8. The owner agrees to reconstruct and extend Powell Creek Drive from 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. We are sending you this notification in order to complete our files. If you should have any questions or comments regarding above noted action, please do not hesitate to contact me. Sincerely, W~~~0f" vUJ (/ V. Wayne Cilimberg Director of Planning & community Development VWC/jcw · cc: Amelia Patterson Jo Higgins · fJ .~ \ ) ~ r . PROFFER FOR TAX MAP 46. PARCELS 110. 27. AND A PORTION OF 26E. IN CONNECTION WITH PETITION TO ZONE TO PLANNED UNIT DEVELOPMENT (PUD) Applicant, as the owner of Tax Map 46, Parcels 110, 27, and a portion of 26E collectively hereinafter sometimes called the "Property", hereby proffers: 1. The development of the residential portion of the Property shall not exceed 1200 dwelling units, provided however, that once the density exceeds 80.0 dwelling units the owner shall contribute at the time a certificate of occupancy is issued for' each dwelling unit in excess of 800 units the sum of $1,000.00 per unit to an escrow fund to be established by Albemarle County to either expand the capacity of Hollymeade Elementary School or to construct a new school in the northern area of the County of ~ Albemarle, Virginia. . donate by gift to Albemarle County or its designee, subject to 2. Upon the request of Albemarle County, Virginia, 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., provided the owner may require reasonable visual screening/buffering 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 §20.3.1 and 520.4.1(2) of the Zoning Ordinance of Albemarle County, Virginia. Further, under 520.4.1(2) of the Ordinance, the uses permitted by right under ~ 4IÞ523.O, Commercial Office (CO), will be limited to 523.2.1(1), V-l ~ t. ! t: i, r ~- r I- t f " I t I I I I- I I I I I I ,- f. ~ . t (2), (3), ( 6), (7), ( 8), (9), and ( 11). To be exc 1 uded from use by special use permit under 520.3.2 of the Ordinance are 520.3.2 (3) and (7). To be excluded from use by special use permit under fJ 523.2.2 of the Ordinance are 523.2.2 (1), (2), (4), (7), and (8). 4. In the event that at least 10% of the dwelling units stated in Proffer 1 have not been built and a certificate of occupancy issued within ten (10) years from the date of final approval of this Zoning Map Amendment, then the undersigned applicant agrees to waive its rights under Virginia Code Section 15.1-491(a1). 5. No lot within the Property will front on or have direct access to any roads within the Hollymead PUD. 6. Residential Areas 7 and 8 as shown on the Application Plan for Forest Lakes South made by Clower Associates, Inc. will be developed with single family detached dwelling units. I'~ j 7. These proffers are substituted in place of proffers dated June 14, 1991. WITNESS the following signature and seal this 13th day of August, 1991. BAGCM003.PRO (SEAL) Partner ~ V-2 ,-¡ THE J,muwrElID ... KESSLER () G¡OUP OCT 16 1991 ~SION ~'... -.' . Stephen N. Runkle -~. President October 16, 1991 Mr. V. Wayne Cilimberg Director of Planning and Community Development County of Albemarle 401 McIntire Road Charlottesville, Virginia 22901 . Dear Wayne: I would like to make the below listed changes/clarifi- cations with reference to the proffers relative to 2MA-91-04 Forest Lakes South as listed in Ron Keeler's letter of September 20, 1991. i),Çy Proffer #1: Please add ",or~other items in the Albemarle County Capital Improvement Program (C.I.P.)___;)~ related to this project (Forest Lakes South» or~ other items not normally included in C.I.P. dirogtly related to this project (Forest Lakes South)." ~""'Yo~'i Proffer #7 & 8: Please change "We agree" in each to "The owner agrees". /', /' In addition to the above, I would like to reaffirm our willingness to work with staff to provide an alignment for a connection to Timberwood Parkway/Meadow Creek Parkway once its alignment has been determined by future study. Finally, I would like to comment on the 10% figure included in Proffer #4 relative to the number of units constructed within ten (10) years. As we have indicated, we would expect 560 units for Forest Lakes South based on the density of development of Forest Lakes North, but have - ') ,J.O. Box 5207. Charlottesville. Va. 22905 (804\ 979..9500 FAX No. 296-1614 r~'1 - r - ~ - THE KESSLER GROUP proffered 1200 maximum units to allow flexibility to respond to market conditions as may be required. Thus, the 10%, or 120 units as applied to the 1200 unit proffer, amounts to 21% of the expected density of 560 units. We are willing to increase the 10% to 20%, or 240 units, which represents 43% of the expected total of 560. Please advise if you have any questions. &L~ Stephen N. Runkle \ -e f) COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902·4596 (804) 296-5823 August 20, 1992 Mr. Steve Runkle President The Kessler Group Post Office Box 5207 Charlottesville, VA 22905 RE: Forest Lakes South (ZMA-91-04) Dear Mr. Runkle: To assist in the review of this project I have prepared language to amend the Proffer #1 in accordance with your letter of August 14, 1992. 4IÞended Agreement: 1. The development of the residential portion of the property shall not exceed 800 dwelling units. (The remaining proffers will be unchanged.) -/~ , ' , If this language is acceptable, please sign this letter and return it to me as soon as possible. If you have any questions regarding this matter, do not hesitate to contact me. Sincerely, %()~ Richard E. Tarbell Senior Planner RET/blb ~. - ZMA tjqr -004 This record is missing the following: _ Section of Zoning Ordinance J Attachment in file at Albemarle County Zoning & Current Development Office Reference another ZMA Cover Letter Other For assistance, please contact Sarah Baldwin at sbaldwin(á),albemarle.org or (434) 296-5832